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CC 02-04-2025 Searchable PacketCITY OF CUPERTINO CITY COUNCIL AGENDA 10350 Torre Avenue, Council Chamber and via Teleconference Tuesday, February 4, 2025 6:45 PM Televised Regular Meeting (6:45) IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) Appear in person at Cupertino Community Hall 2) E-mail comments by 4:00 p.m. on Tuesday, February 4 to the Council at citycouncil@cupertino.org. These e-mail comments will also be forwarded to Councilmembers by the City Clerk’s office before the meeting and posted to the City’s website after the meeting. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. Emailed comments that are related to an agenda item and received following the agenda publication, prior to or during the meeting, will be posted to the City’s website. Members of the public may provide oral public comments during the Meeting as follows: Oral public comments will be accepted during the meeting. Comments may be made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item. Oral public comments may be made during the public comment period for each agenda Page 1 1 CC 02-04-2025 1 of 985 City Council Agenda February 4, 2025 item. Members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments. 3) Teleconferencing Instructions To address the City Council, click on the link below to register in advance and access the meeting: Online Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WN_9viqqNIaSiyNDcuEQAgQPg Phone Dial: 669-900-6833 and enter Webinar ID: 967 6519 5426 (Type *9 to raise hand to speak, *6 to unmute yourself). Unregistered participants will be called on by the last four digits of their phone number. Join from an H.323/SIP room system: H.323: 144.195.19.161 (US West) 206.247.11.121 (US East) Meeting ID: 967 6519 5426 SIP: 96765195426@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your Page 2 2 CC 02-04-2025 2 of 985 City Council Agenda February 4, 2025 name, you may enter “Cupertino Resident” or similar designation. 3. When the Mayor calls for the item on which you wish to speak, click on “raise hand,” or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. 5. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. These documents will be posted to the City’s website after the meeting. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT CEREMONIAL ITEMS 1.Subject: Recognition of STEM Winners from the City of Cupertino who participated in the Santa Clara County 2024 Synopsys Championship Science Fair Recommended Action: Recognize the STEM Winners from the City of Cupertino who participated in the Santa Clara County 2024 Synopsys Championship Science Fair A - Certificates of Appreciation 2.Subject: Recognition of February as Black History Month Recommended Action: Recognize February as Black History Month POSTPONEMENTS AND ORDERS OF THE DAY ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Council on any matter within the jurisdiction of the Council and not on the agenda for discussion. The total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. A councilmember may, however, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarification, provide a reference for factual information, request staff to report back concerning a Page 3 3 CC 02-04-2025 3 of 985 City Council Agenda February 4, 2025 matter, or request that an item be added to a future City Council agenda in response to public comment. CONSENT CALENDAR (Items 3-7) Items appearing on the Consent Calendar are considered routine City business and may be approved by one motion. Typical items may include meeting minutes, awards of contracts, the ratification of accounts payable, and second readings of ordinances. Any member of the Council may request to have an item removed from the Consent Calendar based on the rules set forth in the City Council Procedures Manual. Members of the public may provide input on one or more consent calendar items when the Mayor asks for public comments on the Consent Calendar. 3.Subject: Approval of December 12, 2024 City Council minutes Recommended Action: Approve the December 12, 2024 City Council minutes A - Draft Minutes 4.Subject: Approval of January 22, 2025 City Council minutes Recommended Action: Approve the January 22, 2025 City Council minutes A - Draft Minutes 5.Subject: Tyler New World Enterprise Resource Planning (ERP) replacement Recommended Action: Adopt Resolution No. 25-007 approving Budget Modification No. 2425-380 increasing appropriations in the amount of $3,744,526 in the General Fund Applications Budget unit (100-32-308 750-237) for the Tyler New World Enterprise Resource Planning (ERP) replacement Staff Report A - Draft Resolution 6.Subject: City Bridge Preventive Maintenance Project grant acceptance and budget adjustment. Recommended Action: 1. Adopt Resolution No. 25-008 accepting $1,893,195 in Federal grants from the Federal Highway Administration's Bridge Preventative Maintenance Program for the City Bridge Preventive Maintenance Repairs Project. 2. Adopt Resolution No. 25-009 approving budget modification #2425-373 approving an increase of Federal grant revenue estimates of $1,893,195 and an appropriation of $1,176,105 in the Transportation Fund (270-90-960). Staff Report A - Draft Resolution Grant Acceptance B - Draft Resolution Budget Modification 7.Subject: Approval of a Final Map and the Subdivision Improvement Agreement for the 6-Unit Domme Enclave Development Project (Tract No. 10608; Applicant AlphaMcClellan, LLC; Location: 20860 McClellan Road; APN: 359-20-030). Page 4 4 CC 02-04-2025 4 of 985 City Council Agenda February 4, 2025 Recommended Action: Adopt Resolution No. 25-010: 1) Approving the final map consisting of Tract No. 10608. 2) Accepting the street dedication and public easements and abandoning redundant communication easement as shown on the map. 3) Authorizing the City Engineer to execute and record the Subdivision Improvement Agreement. Staff Report A - Draft Resolution B - Final Map C - Subdivision Improvement Agreement PUBLIC HEARINGS- None Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of copyrighted material associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the Planning Division to view them at City Hall by sending an email to planning@cupertino.org. Plans will also be made available digitally during the hearing to consider the proposal. ACTION CALENDAR 8.Subject: Future agenda items requested by City Councilmembers (“TBD List”) (Continued from the January 22, 2025 City Council meeting) Recommended Action: 1. Review the TBD list and adopt the staff recommendations for items 5-11 2. Provide direction for items 1-4 and 12-15. January 22, 2025 Staff Report A - TBD List from September 2024 with Adopted Motion B - January 2025 TBD List 9.Subject: Award a construction contract to Golden Bay Construction in the amount of $1,569,798, approve a first amendment to the design services contract with Pakpour Consulting Group to increase the contract by $96,620 for a total not-to-exceed contract amount of $310,483 and approve a budget modification in the amount of $1,500,000 for the Stevens Creek Boulevard Class IV Bike Lane Project Page 5 5 CC 02-04-2025 5 of 985 City Council Agenda February 4, 2025 Recommended Action: 1. Award a construction contract for the Stevens Creek Boulevard Class IV Bike Lane Phase 2A Project (budget unit 420-99-036, project number 2022-15) in the amount of $1,569,798 to Golden Bay Construction, Inc.; 2. Authorize the City Manager to execute the construction contract with Golden Bay Construction, Inc. when all conditions have been met; 3. Authorize the Director of Public Works to execute any necessary construction change orders up to a construction contingency amount of $156,980 (10%) for a total contract amount of $1,726,778; 4. Authorize the City Manager to amend the Design Services Contract with Pakpour Consulting Group to increase the amount by $96,620 for a total not-to-exceed contract amount of $310,483 for the 2022-11 Stevens Creek Boulevard Class IV Bike Lane Phase 2B Design Project; and 5. Adopt Resolution No. 25-004 approving budget modification #2425-377, approving an increase of grant revenue estimates of $1,500,000 and a transfer out of $693,000. This includes an increase of $807,000 in Federal grant funds and a transfer of $693,000 in SB1 Grant Funds from the Transportation Fund (270-85-821) into the Capital Improvement Program Capital Project Fund (420-99-036) Staff Report A - Draft Contract B – Draft Resolution C - Contract Documents D - 01-22-2025 Supplemental Report E - 01-22-2025 Desk Item 10.Subject: Award of a design-build contract to Syserco Energy Solutions for $4,339,881 and award a project management and construction management agreement to 4Leaf, Inc. for $225,000 for the Photovoltaic Systems Design and Installation Capital Improvement Programs Project. Recommended Action: 1. Award a design-build contract for the Photovoltaic Systems Design and Installation Project (budget unit 420-99-274) in the amount of $3,939,881 with Syserco Energy Solutions, Inc., as the Design-Build Entity. 2. Authorize the City Manager to execute the design-build contract with Syserco Energy Solutions, Inc. with substantially similar terms as those in the draft contract in Attachment A, when all conditions have been met. 3. Authorize the Director of Public Works to execute any necessary change orders up to a contingency amount of $400,000 (approximately 10%) for a total contract amount of $4,339,881. 4. Authorize the City Manager to execute a professional services agreement with 4Leaf, Inc. for project and construction management services, for a total not-to-exceed contract amount of $225,000. Page 6 6 CC 02-04-2025 6 of 985 City Council Agenda February 4, 2025 Staff Report A -Draft Design Build Contract B - Draft Profesional Services Agreement 250127 C - FY 24-25 CIP Project Narratives Excerpt D - RFP for Design Build Entity Draft STUDY SESSION 11.Subject: Study Session for the use of Committed Future Use Reserve one-time funds (Continued from the January 22, 2025 City Council meeting) Recommended Action: Provide staff direction on the future allocation of how the City should allocate one-time funds from the future use reserve January 22, 2025 Staff Report A - November 19, 2024 Staff Report and Allocation Plan B - FY 2023-24 Budget Reductions C - FY 2024-25 Service Level Reductions 12.Subject: Study session on revisions to the Cupertino City Council Procedures Manual Recommended Action: Consider revisions to the Cupertino City Council Procedures Manual Staff Report A - Resolution No. 24-024 (Cupertino City Council Procedures Manual) ITEMS REMOVED FROM THE CONSENT CALENDAR CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED COUNCILMEMBER REPORTS 13.Subject: Councilmember Reports A - Councilmember Report, Chao B - Councilmember Report, Fruen C - Councilmember Report, Mohan D - Councilmember Report, Wang FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino’s lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. Page 7 7 CC 02-04-2025 7 of 985 City Council Agenda February 4, 2025 For more information about the lobbying ordinance, please contact the City Clerk’s Office at 10300 Torre Avenue, Cupertino, CA 95014; telephone (408) 777-3223; email cityclerk@cupertino.org; and website: www.cupertino.org/lobbyist. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/cityclerk for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request in advance by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council packet archives linked from the agenda/minutes page on the City web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the City Council, Commissioners or staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website. Page 8 8 CC 02-04-2025 8 of 985 CITY OF CUPERTINO Agenda Item 25-13625 Agenda Date: 2/4/2025 Agenda #: 1. Subject:Recognition of STEM Winners from the City of Cupertino who participated in the Santa Clara County 2024 Synopsys Championship Science Fair Recognize the STEM Winners from the City of Cupertino who participated in the Santa Clara County 2024 Synopsys Championship Science Fair CITY OF CUPERTINO Printed on 1/28/2025Page 1 of 1 powered by Legistar™9 CC 02-04-2025 9 of 985 CITY OF CUPERTINO ?IJ~!!fr!!Jf~ Presented to OLr . 0)/(1 1/. (___/_za ,1:_1 a4 r !;dtJ (i,J/ 11,- February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino commends you for your achievement and wishes you the best of luck in your future endeavors. t·~ CAM The Honorable Liang Chao Mayor, City of Cupertino 10 CC 02-04-2025 10 of 985 CITY OF CUPERTINO cg~ !!f@r~~ Presented to OuJ./-L . ~ J . ~ _b({,{(ll{ Ydaa-JCt-J 1a1cCff Cb)lCh February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino commends you for your achievement and wishes you the best of luck in your future endeavors. t·~ CAM The Honorable Liang Chao Mayor, City of Cupertin<? 11 CC 02-04-2025 11 of 985 CITY OF CUPERTINO :Y@r~~ Presented to ~di rf5iI'ad¥FaJad February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino commends you for your achievement and wishes you the best of luck in your future endeavors. t·~ CAM The Honorable Liang Chao Mayor, City of Cupertino 12 CC 02-04-2025 12 of 985 CITY OF CUPERTINO !!f@r~ Presented to !}/;;,;A,cr .YJ;ch Sfdd-!te;jee February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino commends you for your achievement and wishes you the best of luck in your future endeavors. t·~ CAM The Honorable Liang Chao Mayor, City of Cupertino 13 CC 02-04-2025 13 of 985 CITY OF CUPERTINO f!f@r~ Presented to 0~ Df. ~1:1a,Jl, '17ll1:ff/2ct! February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino commends you for your achievement and wishes you the best of luck in your future endeavors. /_·~ CAM The Honorable Liang Chao Mayor, City of Cupertino 14 CC 02-04-2025 14 of 985 CITY OF CUPERTINO ca :Y@r~ Presented to !}£; dF<'fl Ef £-?fJ1te1 'ff February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino com1nends you for your achievement and wishes you the best of luck in your future endeavors. i·~ CAM The Honorable Liang Chao Mayor, City of Cupertino 15 CC 02-04-2025 15 of 985 CITY OF CUPERTINO ~ :T@r~~ Presented to [fjJ;aden, {f J/a11;? February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino commends you for your achievement and wishes you the best of luck in your future endeavors. t_-~ CAM The Honorable Liang Chao Mayor, City of Cupertino 16 CC 02-04-2025 16 of 985 CITY OF CUPERTINO <@~~@r~ Presented to 054J'a6etA/ gJta1~ February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino commends you for your achievement and wishes you the best of luck in your future endeavors. ,.~ CAM The Honorable Liang Chao Mayor, City of Cupertino 17 CC 02-04-2025 17 of 985 CITY OF CUPERTINO <@~ !1/{!j)feeo~ Presented to ~ ~-{()tha1z, 0¼111 February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino commends you for your achievement and wishes you the best of luck in your future endeavors . /·~ CAM The Honorable Liang Chao Mayor, City of Cupertino 18 CC 02-04-2025 18 of 985 CITY OF CUPERTINO !}/rf5Jr~ Presented to ~rrJ/i, (i!/Jzalh February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino commends you for your achievement and wishes you the best of luck in your future endeavors. ;lt·~ CAM The Honorable Liang Chao Mayor, City of Cupertino 19 CC 02-04-2025 19 of 985 CITY OF CUPERTINO :1/Y!!Jr~//1/ Presented to faoo, 6J!£; February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino commends you for your achievement and wishes you the best of luck in your future endeavors. ;C_-~ CAM The Honorable Liang Chao Mayor, City of Cupertino 20 CC 02-04-2025 20 of 985 CITY OF CUPERTINO YIJ~ry{jjf~ Presented to $/!ia-J2, c=g/2e11-- February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino commends you for your achievement and wishes you the best of luck in your future endeavors. ,.~ CJM The Honorable Liang Chao Mayor, City of Cupertino 21 CC 02-04-2025 21 of 985 CITY OF CUPERTINO :Y@r~ Presented to U//J .. ~//J J lai7$lCh c7-ZttCl1ljj/ February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino commends you for your achievement and wishes you the best of luck in your future endeavors. /:~ CAM The Honorable Liang Chao Mayor, City of Cupertino 22 CC 02-04-2025 22 of 985 CITY OF CUPERTINO <g~:1/@r~ Presented to ~j"~ February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino commends you for your achievement and wishes you the best of luck in your future endeavors. t_-~ CAM The Honorable Liang Chao Mayor, City of Cupertino 23 CC 02-04-2025 23 of 985 CITY OF CUPERTINO :Yr!5K~ Presented to U£/J.1L 0/T J lJC(()Jl, ~)CO,JCC[,, February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino commends you for your achievement and wishes you the best of luck in your future endeavors. ;C_-~ CAM The Honorable Liang Chao Mayor, City of Cupertino 24 CC 02-04-2025 24 of 985 CITY OF CUPERTINO ~~ !117(/?}[1~ Presented to S1£M>cf t{, 9&lo February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino co1nmends you for your achievement and wishes you the best of luck in your future endeavors. /·~ CAM The Honorable Liang Chao Mayor, City of Cupertino 25 CC 02-04-2025 25 of 985 CITY OF CUPERTINO !}/r!7r~ Presented to Sf,l;Ja'ttla rlH}j~ojala1z February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino c01nmends you for your achievement and wishes you the best of luck in your future endeavors. ;C_-~ CAM The Honorable Liang Chao Mayor, City of Cupertino 26 CC 02-04-2025 26 of 985 CITY OF CUPERTINO !!f@r~ Presented to 9Ulct, {j?Aaik February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino commends you for your achievement and wishes you the best of luck in your future endeavors. t·~ CAM The Honorable Liang Chao Mayor, City of Cupertino 27 CC 02-04-2025 27 of 985 CITY OF CUPERTINO :Yr!?lr~ Presented to Stf/el-;ra ff}att1'<W ~t February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino commends you for your achievement and wishes you the best of luck in your future endeavors. t·~ Cj{W The Honorable Liang Chao Mayor, City of Cupertino 28 CC 02-04-2025 28 of 985 CITY OF CUPERTINO gt(f5Jf~~ Presented to S1{;;,,,wa,,1ia {i}h/nh'al' February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino commends you for your achievement and wishes you the best of luck in your future endeavors. /:~ CAM The Honorable Liang Chao Mayor, City of Cupertino 29 CC 02-04-2025 29 of 985 CITY OF CUPERTINO <@~ !!f@r~ Presented to ma,nati fJJJJta February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino commends you for your achievement and wishes you the best of luck in your future endeavors. i·~ CAM The Honorable Liang Chao Mayor, City of Cupertino 30 CC 02-04-2025 30 of 985 CITY OF CUPERTINO !!7@r~ Presented to {!]l{;,,;aoa,-n %ittCffflta,,;a,n February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino commends you for your achievement and wishes you the best of luck in your future endeavors. ,.~ CAM The Honorable Liang Chao Mayor, City of Cupertino 31 CC 02-04-2025 31 of 985 CITY OF CUPERTINO cg~ !l/@r~ Presented to {P/{;:tla· 9~.ee-Cil4,A-adctJJh February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino commends you for your achievement and wishes you the best of luck in your future endeavors. ;C_-~ CAM The Honorable Liang Chao Mayor, City of Cupertino 32 CC 02-04-2025 32 of 985 CITY OF CUPERTINO ?IJ(Yj~ :Y@r~ Presented to ~ U//J Y lO,J((µ c7-Za/ d February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino commends you for your achievement and wishes you the best of luck in your future endeavors. ,.~ CAM The Honorable Liang Chao Mayor, City of Cupertino 33 CC 02-04-2025 33 of 985 CITY OF CUPERTINO <@~glr!K~ Presented to (j}/4ftalli rfPc)lu;Ja, February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino commends you for your achievement and wishes you the best of luck in your future endeavors. /·~ CAM The Honorable Liang Chao Mayor, City of Cupertino 34 CC 02-04-2025 34 of 985 CITY OF CUPERTINO !!fr!?lr~ Presented to {i!h,t1u'cf 9(;lo cf5?/ao February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino commends you for your achievement and wishes you the best of luck in your future endeavors. t·~ CAM The Honorable Liang Chao Mayor, City of Cupertino 35 CC 02-04-2025 35 of 985 CITY OF CUPERTINO !!f@r~ Presented to J?);;zt'M -a, {i!/4oc/ February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino commends you for your achievement and wishes you the best of luck in your future endeavors. t·~ CAM The Honorable Liang Chao Mayor, City of Cupertino 36 CC 02-04-2025 36 of 985 CITY OF CUPERTINO Y!J~ryr!Yr~ Presented to )• p;;; fl a , -z-11- February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino commends you for your achievement and wishes you the best of luck in your future endeavors. t.·~ C)tW The Honorable Liang Chao Mayor, City of Cupertino 37 CC 02-04-2025 37 of 985 CITY OF CUPERTINO !/ {!j{}~~J?/ULiu1v Presented to '?Tr:' C'-t'/iJ uiciM-a , J(hcl✓Jlde/ata/ February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino commends you for your achievement and wishes you the best of luck in your future endeavors. ;C_-~ CAM The Honorable Liang Chao Mayor, City of Cupertino 38 CC 02-04-2025 38 of 985 CITY OF CUPERTINO ry(j5jf~ Presented to 2fla ~l(lod [ijfo6e February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino commends you for your achievement and wishes you the best of luck in your future endeavors. /_-~ CAM The Honorable Liang Chao Mayor, City of Cupertino 39 CC 02-04-2025 39 of 985 CITY OF CUPERTINO !!7@r~ Presented to G{FwJ/1 , Sffrf5J[1ryCl/l~alall February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino commends you for your achievement and wishes you the best of luck in your future endeavors. t·~ CAM The Honorable Liang Chao Mayor, City of Cupertino 40 CC 02-04-2025 40 of 985 CITY OF CUPERTINO ~ !Y@reu1~ Presented to 6Jl£jlced Mn February 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino commends you for your achievement and wishes you the best of luck in your future endeavors. t_-~ CAM The Honorable Liang Chao Mayor, City of Cupertino 41 CC 02-04-2025 41 of 985 CITY OF CUPERTINO ~ !!lrffer~ Presented to :g{ya, !-lik-1tad Februaiy 4, 2025 In recognition of your performance in the Santa Clara County 2024 Synopsys Championship Science Fair. The City of Cupertino commends you for your achievement and wishes you the best of luck in your future endeavors. t_-~ CAM The Honorable Liang Chao Mayor, City of Cupertino 42 CC 02-04-2025 42 of 985 CITY OF CUPERTINO Agenda Item 25-13627 Agenda Date: 2/4/2025 Agenda #: 2. Subject:Recognition of February as Black History Month Recognize February as Black History Month CITY OF CUPERTINO Printed on 1/28/2025Page 1 of 1 powered by Legistar™43 CC 02-04-2025 43 of 985 CITY OF CUPERTINO Agenda Item 25-13673 Agenda Date: 2/4/2025 Agenda #: 3. Subject: Approval of December 12, 2024 City Council minutes Approve the December 12, 2024 City Council minutes CITY OF CUPERTINO Printed on 1/28/2025Page 1 of 1 powered by Legistar™44 CC 02-04-2025 44 of 985         DRAFT MINUTES  CUPERTINO CITY COUNCIL  Thursday, December 12, 2024    SPECIAL MEETING    At 6:02 p.m., Mayor Sheila Mohan called the Special City Council Meeting to order in the  Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference  location.    ROLL CALL    Present: Mayor Sheila Mohan, Vice Mayor J.R. Fruen, and Councilmembers Liang Chao, Kitty  Moore, and Councilmember Hung Wei (participated remotely). Absent: None.    PUBLIC COMMENTS    Written communications for this item included emails to the Council.    Mayor Mohan opened the public comment period for all agenda items and the following members  of the public spoke.    State Assemblymember Patrick Ahrens presented a commendation from the California  Legislature to Councilmember Wei.  Donna Austin  Parks & Recreation Commissioner Claudio Bono (representing self)  Belal Aftab   Ignatius Ding  Babu Srinivasan  Parks & Recreation Commissioner Jennifer Shearin (representing self)    Planning Commissioner Muni Madhdhipatla (representing self)    Sashi Begur   Peggy Griffin  San R.   Patrick Kwok  Neil Park McClintock  Dr. Clifton Der Bing  45 CC 02-04-2025 45 of 985 City Council December 12, 2024 Minutes  Page 2      Siva  Erik Poicon  John Tang, representing Cupertino Chamber of Commerce  Planning Commissioner Steven Scharf (representing self)  Vinod Balakrishnan  Library Commissioner Qin Pan (representing self)  Housing Commissioner Connie Cunningham (representing self)  Venkat Ranganathan   Urs Mader  Housing Commissioner Ryan Golze (representing self)   Naidu Bollineni   Jennifer Griffin  Richard Mellingher  Sue Moore   Rosa Pellecer  Jean Bedord  Stanley Kou  Rosemary Kamei  Richard Poppen, representing Bay Area Municipal Elections Committee (BAYMEC)  Michael, representing Bay Area Municipal Elections Committee (BAYMEC)  Dave McLeroy  Gilbert Wong  Danessa Techmanski   Tracy K  Rhoda Fry  Bicycle Pedestrian Commissioner Ilango Ganga (representing self)  Shani Kleinhaus, representing Santa Clara Valley Bird Alliance  Philip Nguyen   Housing Commissioner Angan Das (representing self)  Louise Saadati  Clay Hale  John Ishii  Sujatha Venkatraman, representing West Valley Community Services    Mayor Mohan closed the public comment period.    ELECTION RESULTS    Subject:  Statement of results of the General Municipal Election held on November 5, 2024 and  declaration of candidates who received the most votes and were elected for the position  46 CC 02-04-2025 46 of 985 City Council December 12, 2024 Minutes  Page 3      of City of Cupertino Council Member.  Recommended Action: Adopt the Resolution 24‐115 stating the election results for the  General Municipal Election held on November 5, 2024 and declaring the candidates who  received the most votes and were elected for the position of City of Cupertino Council  Member.    City Clerk Kirsten Squarcia reported the election results for the General Municipal  Election held on November 5, 2024.    MOTION: Moore moved and Chao seconded to adopt Resolution 24‐115 stating the  election results for the General Municipal Election held on November 5, 2024 and  declaring the candidates who received the most votes and were elected for the position of  City of Cupertino Council Member. The motion carried with the following vote: Ayes:  Mohan, Fruen, Chao, Moore, and Wei. Noes: None. Abstain: None. Absent: None.    RECOGNITION OF OUTGOING COUNCILMEMBERS    Subject:  Recognize outgoing Councilmember Hung Wei    Mayor Mohan recognized outgoing Councilmember Hung Wei.    Councilmembers thanked Councilmember Wei for her years of service on the City Council  and Councilmember Wei expressed appreciation and made farewell comments.    Outgoing Councilmember Hung Wei left the meeting.     OATH OF OFFICE OF RECENTLY ELECTED COUNCILMEMBERS    Subject:  Oath of Office of Recently Elected Councilmembers    Newly reelected Councilmember Kitty Moore received the Oath of Office from City Clerk  Kirsten Squarcia.    Newly elected Councilmember Ray Wang received the Oath of Office from former  Cupertino Councilmember Darcy Paul.    Councilmember Ray Wang was seated at the dais.     ELECTION AND OATH OF MAYOR AND VICE MAYOR  47 CC 02-04-2025 47 of 985 City Council December 12, 2024 Minutes  Page 4        Subject:  a. Councilmembers elect Mayor  b. Councilmembers elect Vice Mayor    MOTION: Mohan moved and Fruen seconded to appoint J.R. Fruen as Mayor. Fruen  made a friendly amendment to appoint Liang Chao as Vice Mayor (Mohan accepted the  friendly amendment). Council did not vote on this motion.    Mayor Mohan called for a vote on the motion. Moore objected and Wang seconded the  objection to call for a vote on the motion. The objection was sustained with the following  vote: Ayes: Chao, Moore, and Wang. Noes: Mohan and Fruen. Abstain: None. Absent:  None.    SUBSTITUTE MOTION: Wang moved and Moore seconded to a substitute motion to  nominate Liang Chao as Mayor and Kitty Moore as Vice Mayor. The substitute motion  carried with the following vote: Ayes: Mohan, Fruen, Chao, Moore, and Wang. Noes:  None. Abstain: None. Absent: None.    c. Mayor and Vice Mayor Oath of Office    Newly elected Vice Mayor Kitty Moore received the Oath of Office from City Clerk  Kirsten Squarcia.    Newly elected Mayor Liang Chao received the Oath of Office from former Cupertino  Councilmember Darcy Paul.    Mayor Liang Chao resumed the meeting.     Mayor Chao and Vice Mayor Kitty Moore provided comments.     Mayor Chao presented a gift to former Mayor Sheila Mohan in recognition of her service  as Mayor. Councilmember Mohan expressed appreciation and made comments.     ADJOURNMENT    At 8:21 p.m., Mayor Liang Chao adjourned the Special City Council Meeting.       Minutes prepared by:    48 CC 02-04-2025 48 of 985 City Council December 12, 2024 Minutes  Page 5      _________________________  Kirsten Squarcia, City Clerk  49 CC 02-04-2025 49 of 985 CITY OF CUPERTINO Agenda Item 24-13550 Agenda Date: 2/4/2025 Agenda #: 4. Subject: Approval of January 22, 2025 City Council minutes Approve the January 22, 2025 City Council minutes CITY OF CUPERTINO Printed on 1/28/2025Page 1 of 1 powered by Legistar™50 CC 02-04-2025 50 of 985 DRAFT MINUTES CUPERTINO CITY COUNCIL Wednesday, January 22, 2025 SPECIAL MEETING At 5:01 p.m., Mayor Liang Chao called the Special City Council Meeting to order in the City Hall Conference Room C, 10300 Torre Avenue. ROLL CALL Present: Mayor Liang Chao, Vice Mayor Kitty Moore, and Councilmembers J.R. Fruen and Sheila Mohan. Absent: Councilmember Ray Wang. CLOSED SESSION In open session prior to closed session, Mayor Chao opened the public comment period regarding the items on the agenda. No members of the public requested to speak and Mayor Chao closed the public comment period. 1. Subject: Conference with security personnel - critical infrastructure information relating to cybersecurity pursuant to Government Code § 54957(a) Council conducted the conference with security personnel - critical infrastructure information relating to cybersecurity. At 5:43 p.m., Mayor Chao recessed the Special City Council Meeting. OPEN SESSION At 6:45 p.m., Mayor Liang Chao reconvened the Special City Council Meeting and led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference. ROLL CALL Present: Mayor Liang Chao, Vice Mayor Kitty Moore, and Councilmembers J.R. Fruen and 51 CC 02-04-2025 51 of 985 City Council Minutes January 22, 2025 Page 2 Sheila Mohan. Absent: Councilmember Ray Wang. CLOSED SESSION REPORT City Attorney Chris Jensen conducted the closed session report. City Attorney Jensen reported that there was nothing to report. CEREMONIAL ITEMS 2. Subject: Proclamation to Taiwanese Cultural and Sports Association (TCSA) recognizing the 15th Annual Kids Fun Festival scheduled for 2025 in Cupertino Recommended Action: Present proclamation to Taiwanese Cultural and Sports Association (TCSA) recognizing the 15th Annual Kids Fun Festival scheduled for 2025 in Cupertino Written communications for this item included a presentation. TCSA President Hungta Lin gave a presentation and TCSA Founder Anita Hong received the proclamation. Mayor Chao presented the proclamation to Taiwanese Cultural and Sports Association (TCSA) recognizing the 15th Annual Kids Fun Festival scheduled for 2025 in Cupertino. 3. Subject: Proclamation to Shin Shin Educational Foundation recognizing January 19, 2025 as Shin Shin Educational Foundation Day Recommended Action: Present proclamation to Shin Shin Educational Foundation recognizing January 19, 2025 as Shin Shin Educational Foundation Day Written communications for this item included a presentation. Shin Shin Chairperson Steve Ting gave a presentation and Shin Shin volunteer Chin Lin received the proclamation. Mayor Chao presented the proclamation to Shin Shin Educational Foundation recognizing January 19, 2025 as Shin Shin Educational Foundation Day. POSTPONEMENTS AND ORDERS OF THE DAY 4. Subject: Budget Study Session for use of one-time funds in the Committed Future Use reserve (November 19, 2024 City Council action) MOTION: Fruen moved and Moore seconded to reorder the agenda to continue Budget 52 CC 02-04-2025 52 of 985 City Council Minutes January 22, 2025 Page 3 Study Session for use of one-time funds in the Committed Future Use reserve to a date uncertain. The motion carried with the following vote: Ayes: Chao, Moore, Fruen, and Mohan. Noes: None. Abstain: None. Absent: Wang. MOTION: Chao moved and Moore seconded to reorder the agenda to hear agenda Item 12 FY 2025-27 City Work Program Study Session after Public Hearings; and Consent Calendar Items 7 Santa Clara Valley Water District Joint Use agreement, 8 Golden Bay Construction contract, and 9 Advanced Systems Group, LLC. agreement after Item 12; and Item. 11 TBD List after Items Removed from the Consent Calendar. The motion carried with the following vote: Ayes: Chao, Moore, and Mohan. Noes: Fruen. Abstain: None. Absent: Wang. ORAL COMMUNICATIONS Written communications for this item included emails to the Council. The following members of the public spoke: Shani Kleinhaus, representing Santa Clara Valley Bird Alliance, discussed the proposed Vista Heights development and environmental impacts. Mark Fantozzi discussed an Environmental Impact Report (EIR) for the proposed Summerhill Development at Evulich Court. David Yan ceded time to Mark Fantozzi Ying Sosic ceded time to Mark Fantozzi Margaret Tabrizidad ceded time to Mark Fantozzi Ahmad Yazdi ceded time to Mark Fantozzi Patrick Sheehy ceded time to Mark Fantozzi Peggy Griffin discussed document security and accessibility . Team Active Circle Sneha discussed the Active Circle organization. San R discussed July 4 and Blackberry Farm event funding, interagency communication and emergency preparedness, and homeless encampments. Nori discussed solar panel installation at the Quinlan Community Center and Senior Center. Rhoda Fry discussed various topics including fire-safety, proposed Linda Vista and McClellan developments and environmental impacts, and City budget. 53 CC 02-04-2025 53 of 985 City Council Minutes January 22, 2025 Page 4 Brooke Ezzat discussed various topics including fire-safety, City funding, economic development, and the BMR fund. CONSENT CALENDAR (Items 5-9) As noted in Postponements and Orders of the Day, Items 7, 8, and 9 were removed from the Consent Calendar by Mayor Chao. Mayor Chao opened the public comment period and, seeing no one, closed the public comment period. MOTION: Moore moved and Fruen seconded to approve the items on the Consent Calendar except as indicated. The motion carried with the following vote: Ayes: Chao, Moore, Fruen, and Mohan. Noes: None. Abstain: None. Absent: Wang. Items 7, 8, and 9 were placed after the Action Calendar for consideration per rule. 5. Subject: Approval of the December 17, 2024 City Council minutes Recommended Action: Approve the December 17, 2024 City Council minutes 6. Subject: Ratifying Accounts Payable for the periods ending December 6, 2024; December 13, 2024; and December 26, 2024 Recommended Action: A. Adopt Resolution No. 25-001 ratifying Accounts Payable for the Period ending December 6, 2024; B. Adopt Resolution No. 25-002 ratifying Accounts Payable for the Period ending December 13, 2024; and C. Adopt Resolution No. 25-003 ratifying Accounts Payable for the Period ending December 26, 2024 PUBLIC HEARINGS 10. Subject: Public hearing on the abatement of public nuisance from weeds or other fire hazards pursuant to provisions of Cupertino Municipal Code Chapter 9.08 and Resolution No. 24-111 Recommended Action: Conduct hearing for impacted property owners to contest the matter of proposed abatement and adopt Resolution No. 25-006 ordering abatement of public nuisance from weeds or other fire hazards pursuant to provisions of Cupertino Municipal Code Chapter 9.08 and Resolution No. 24-111 Written communications for this item included a staff presentation. 54 CC 02-04-2025 54 of 985 City Council Minutes January 22, 2025 Page 5 City Clerk Kirsten Squarcia gave a presentation. Councilmembers asked questions and made comments. Mayor Chao opened the public hearing and the following people spoke. Hament Manasan, APN 375 07 342 David Guy, 10399 South Tantau Avenue Roger Costa, representing Rancho Deep Cliff HOA Bobby Pentergrin, representing Rancho Deep Cliff HOA Alan Yuen, 10605 Johansen Drive Mike Campbell, 18781 Tuggle Avenue Mayor Chao closed the public hearing. Garik Iosilevsky, Weed Abatement Manager with the County of Santa Clara, answered questions. At 8:16 p.m., Mayor Chao recessed the meeting. The meeting reconvened at 8:30 p.m. with all Councilmembers present (Wang absent). Mr. Iosilevsky provided a report on the discussions with the contesting property owners during the recess. MOTION: Chao moved and Moore seconded to adopt Resolution No. 25-006, as amended to remove 10399 South Tantau Avenue and 10605 Johansen Drive from the Program report (Exhibit A), ordering abatement of public nuisance from weeds or other fire hazards pursuant to provisions of Cupertino Municipal Code Chapter 9.08 and Resolution No. 24-111. The motion as amended carried with the following vote: Ayes: Chao, Moore, Fruen, and Mohan. Noes: None. Abstain: None. Absent: Wang. STUDY SESSION 12. Subject: FY 2025-27 City Work Program Study Session Recommended Action: 1. Review Councilmembers’ Initial Top 10 projects for the FY 25-27 City Work Program 2. Select date for upcoming Goal Setting Workshop. 3. Receive an overview of the prioritization process for the Goal Setting Workshop that will be presented at this study session. 55 CC 02-04-2025 55 of 985 City Council Minutes January 22, 2025 Page 6 Written communications for this item included a staff presentatio n, a supplemental report with staff responses to councilmember questions, modified January 22, 2025 Staff Report, and Attachment E Community Survey Results Informational Memorandum and Results, and emails to the Council. Deputy City Manager Tina Kapoor and Senior Management Analyst Astrid Robles gave a presentation. Councilmembers asked questions and made comments. Mayor Chao opened the public comment period and the following people spoke. Roberta Holliman, representing Leadership Group Tylor Taylor, representing Successful Aging Solutions & Community Consulting (SASCC) Peggy Griffin Jean Bedord Debbie Timmers Louise Saadati San R Tracy K Planning Commissioner Seema Lindskog (representing self) Mayor Chao closed the public comment period. MOTION: Chao moved and Mohan seconded to: 1. Provide the following direction on the prioritization process for the Goal Setting Workshop:  Each councilmember will submit a revised Top 10 projects for the FY 25-27 City Work Program  Staff will create a combined list from the revised lists  Councilmembers will submit a ranking of 20 projects  The point system of 10, 7, 4, and 1 will be used, to be scored as follows: o 5 projects will get a score of 10 o 5 projects will get a score of 7 o 5 projects will get a score of 4 o 5 projects will get a score of 1 o A total of 20 projects will get scored  Rankings will be submitted before the upcoming Council Goal Setting Workshop  Staff will determine when councilmembers should submit their revised lists 56 CC 02-04-2025 56 of 985 City Council Minutes January 22, 2025 Page 7 and rankings 2. The preferred date for the upcoming Goal Setting Workshop is March 3, beginning at 5 p.m. or 6 p.m., as necessary The motion carried with the following vote: Ayes: Chao, Moore, Fruen, and Mohan. Noes: None. Abstain: None. Absent: Wang. MOTION: Chao moved and Moore seconded to extend the meeting until 11:00 p.m. to consider Items 7 and 9, and then 8. The motion carried with the following vote: Ayes: Chao, Moore, Fruen, and Mohan. Noes: None. Abstain: None. Absent: Wang. ITEMS REMOVED FROM THE CONSENT CALENDAR 7. Subject: Authorization to execute a Joint Use Agreement for Continued Public Access to Santa Clara Valley Water District property situated along a portion of Stevens Creek Trail. Recommended Action: Authorize the City Manager to execute a new Joint Use Agreement with Santa Clara Valley Water District for ongoing access to the District's property situated along a portion of the Stevens Creek Trail. Written communications for this item included a supplemental report with staff responses to councilmember questions and Attachment B - 1999 Joint Use Agreement, and emails to the Council. This item was removed from the consent calendar for consideration. Councilmembers asked questions and made comments. Mayor Chao opened the public comment period and, seeing no one, closed the public comment period. MOTION: Chao moved and Fruen seconded to authorize the City Manager to execute a new Joint Use Agreement with Santa Clara Valley Water District for ongoing access to the District's property situated along a portion of the Stevens Creek Trail. The motion carried with the following vote: Ayes: Chao, Moore, Fruen, and Mohan. Noes: None. Abstain: None. Absent: Wang. 9. Subject: Approve an agreement with Advanced Systems Group, LLC., for Modernization of Broadcast TV and Community Hall Integration for a not-to-exceed amount of $1,100,000, a 10% contingency in the amount of $110,000 for a total not-to-exceed amount of $1,210,000, and associated budget modification, with the cost to be funded by Public, Educational, and Governmental (PEG) funds. Recommended Action: 1. Authorize the City Manager to execute the agreement and 57 CC 02-04-2025 57 of 985 City Council Minutes January 22, 2025 Page 8 any necessary amendments with Advanced Systems Group, LLC., for Modernization of Broadcast TV and Community Hall Integration, within the total not-to-exceed amount of $1,100,000. 2. Adopt Resolution No. 25-005 approving budget modification #2425-368, increasing appropriations in the amount of $1,210,000 in the General Fund Video budget unit (100- 31-305 900-995) funded by restricted PEG Funds Written communications for this item included a supplemental report and a desk item with staff responses to councilmember questions and Attachment C - RFP - Modernization of TV Broadcast System, and emails to the Council. This item was removed from the consent calendar for consideration. Councilmembers asked questions and made comments. Mayor Chao opened the public comment period and the following people spoke. Peggy Griffin Jean Bedord Josh Young, representing KMVT Community Television San R Rhoda Fry Mayor Chao closed the public comment period. MOTION: Chao moved and Fruen seconded to: 1. Authorize the City Manager to execute the agreement and any necessary amendments with Advanced Systems Group, LLC., for Modernization of Broadcast TV and Community Hall Integration, within the total not-to-exceed amount of $1,100,000. 2. Adopt Resolution No. 25-005 approving budget modification #2425-368, increasing appropriations in the amount of $1,210,000 in the General Fund Video budget unit (100- 31-305 900-995) funded by restricted PEG Funds. The motion carried with the following vote: Ayes: Chao, Moore, Fruen, and Mohan. Noes: None. Abstain: None. Absent: Wang. ADJOURNMENT At 10:56 p.m., Mayor Chao adjourned the Special City Council Meeting per rule. There was no Council discussion on the remaining agenda items. 8. Subject: Award a construction contract to Golden Bay Construction in the amount of 58 CC 02-04-2025 58 of 985 City Council Minutes January 22, 2025 Page 9 $1,569,798, approve a first amendment to the design services contract with Pakpour Consulting Group to increase the contract by $96,620 for a total not-to-exceed contract amount of $310,483 and approve a budget modification in the amount of $1,500,000 for the Stevens Creek Boulevard Class IV Bike Lane Project. Recommended Action: 1. Award a construction contract for the Stevens Creek Boulevard Class IV Bike Lane Phase 2A Project (budget unit 420-99-036, project number 2022-15) in the amount of $1,569,798 to Golden Bay Construction, Inc.; 2. Authorize the City Manager to execute the construction contract with Golden Bay Construction, Inc. when all conditions have been met; 3. Authorize the Director of Public Works to execute any necessary construction change orders up to a construction contingency amount of $156,980 (10%) for a total contract amount of $1,726,778; 4. Authorize the City Manager to amend the Design Services Contract with Pakpour Consulting Group to increase the amount by $96,620 for a total not-to-exceed contract amount of $310,483 for the 2022-11 Stevens Creek Boulevard Class IV Bike Lane Phase 2B Design Project; and 5. Adopt Resolution No. 25-004 approving budget modification #2425-377, approving an increase of grant revenue estimates of $1,500,000 and a transfer out of $693,000. This includes an increase of $807,000 in Federal grant funds and a transfer of $693,000 in SB1 Grant Funds from the Transportation Fund (270-85-821) into the Capital Improvement Program Capital Project Fund (420-99-036). Written communications for this item included a supplemental report and a desk item with staff responses to councilmember questions, Attachment C - Contract Documents, and emails to the Council. This item was removed from the consent calendar for consideration and then continued to the February 4, 2025 City Council meeting per rule. ACTION CALENDAR 11. Subject: Future agenda items requested by City Councilmembers (“TBD List”). Recommended Action: 1. Review the TBD list and adopt the staff recommendations for items 5-11 2. Provide direction for items 1-4 and 12-15. Written communications for this item included a supplemental report with staff responses to councilmember questions. As noted under Postponements and Orders of the Day, this item was moved after the items that were removed from the consent calendar. 59 CC 02-04-2025 59 of 985 City Council Minutes January 22, 2025 Page 10 This item was removed from the consent calendar for consideration and then continued to the February 4, 2025 City Council meeting per rule. CITY MANAGER REPORT The Council did not hear this item. ORAL COMMUNICATIONS - CONTINUED – None COUNCILMEMBER REPORTS 13. Subject: Councilmember Reports Councilmembers reported on their various committees and events as provided in the published agenda. FUTURE AGENDA ITEMS The Council did not hear this item. Minutes prepared by: _________________________ Kirsten Squarcia, City Clerk 60 CC 02-04-2025 60 of 985 CITY OF CUPERTINO Agenda Item 25-13650 Agenda Date: 2/4/2025 Agenda #: 5. Subject: Tyler New World Enterprise Resource Planning (ERP) replacement Adopt Resolution No. 25-007 approving Budget Modification No. 2425-380 increasing appropriations in the amount of $3,744,526 in the General Fund Applications Budget unit (100-32- 308 750-237) for the Tyler New World Enterprise Resource Planning (ERP) replacement CITY OF CUPERTINO Printed on 1/28/2025Page 1 of 1 powered by Legistar™61 CC 02-04-2025 61 of 985 62 CC 02-04-2025 62 of 985 63 CC 02-04-2025 63 of 985 64 CC 02-04-2025 64 of 985 65 CC 02-04-2025 65 of 985 66 CC 02-04-2025 66 of 985 Appropriation Amendment by Fund Appropriation Amendment Revenue Amendment Fund Balance (Use of) General Fund (100)3,744,526 -3,744,526 Total Appropriation Amendment All Funds $3,744,526 $-$3,744,526 Exhibit A 67 CC 02-04-2025 67 of 985 CITY OF CUPERTINO Agenda Item 24-13552 Agenda Date: 2/4/2025 Agenda #: 6. Subject: City Bridge Preventive Maintenance Project grant acceptance and budget adjustment. 1. Adopt Resolution No. 25-008 accepting $1,893,195 in Federal grants from the Federal Highway Administration's Bridge Preventative Maintenance Program for the City Bridge Preventive Maintenance Repairs Project. 2. Adopt Resolution No. 25-009 approving budget modification #2425-373 approving an increase of Federal grant revenue estimates of $1,893,195 and an appropriation of $1,176,105 in the Transportation Fund (270-90-960). CITY OF CUPERTINO Printed on 1/28/2025Page 1 of 1 powered by Legistar™68 CC 02-04-2025 68 of 985 1 CITY COUNCIL STAFF REPORT Meeting: February 4, 2025 Subject City Bridge Preventive Maintenance Project grant acceptance and budget adjustment. Recommended Actions 1. Adopt Resolution No. 25-XXX accepting $1,893,195 in Federal grants from the Federal Highway Administration’s Bridge Preventive Maintenance Program for the City Bridge Preventive Maintenance Repairs Project. 2. Adopt Resolution No. 25-XXX approving budget modification #2425-373 approving an increase of Federal grant revenue estimates of $1,893,195 and an appropriation of $1,176,105 in the Transportation Fund (270-90-960). Executive Summary The City of Cupertino was awarded $1,893,195 in grant funding from the Federal Highway Administration (FHWA), which will not be received until after funds are expended by the City. The City must fully fund the Bridge Rehabilitation CIP project to complete construction. Upon completion of work, the City will request reimbursement to offset these expenditures. The budget modification requested will facilitate this pass- through accounting. Reasons for Recommendation Background In 2015, the City Council adopted the Fiscal Year (FY) 2014-2015 Capital Improvement Programs (CIP) Budget which included this Bridge Rehabilitation – Minor Project. This project was initiated to address maintenance work recommendations issued by Caltrans biennial bridge inspection reports and included two bridges along Stevens Creek, one at Homestead Road and one at Stevens Creek Boulevard. The approved project funding was $165,000. Staff submitted a grant application to Caltrans applying for Federal funding under the FHWA’s Bridge Preventive Maintenance Program (BPMP). Caltrans approved the City’s application and awarded a grant amount up to $571,151 (88.53% of project total), which requires a local match of $73,999 (11.47% of project total), for a project total of $645,150. 69 CC 02-04-2025 69 of 985 2 For these types of FHWA grants, the City is required to pay a local match equivalent to 11.47% of the project total. In 2017, Caltrans biennial bridge inspection reports recommended maintenance work to an additional four bridges: McClellan Road at Stevens Creek (which was removed from the project scope), Stevens Creek Boulevard at Calabazas Creek, Miller Avenue at Calabazas Creek, and Tantau Avenue at Calabazas Creek. With the additional bridges added to the project, the project was renamed to “City Bridge Maintenance Repairs” and an additional $535,000 was approved for project funding for a total project budget of $700,000 under the City Council adopted FY 2016-2017 CIP Budget. In 2022, staff completed the final design of the project with an engineer’s construction estimate of $975,000. Staff submitted a request to Caltrans for additional funding for the project. The additional funding request was approved resulting in a grant total of $1,287,447 (88.53% of project total), with a local match of $166,803 (11.47% of project total), for a project total of $1,454,250. In 2023, staff advertised the project for bids and received only one bid at $1,884,000. On July 6, 2023, the City Council accepted the recommended action to reject the bid for this project since it significantly exceeded the engineer’s estimate of $975,000. Staff re- reviewed the project and revised the project scope to reduce the cost and requested additional funding from Caltrans/FHWA. Caltrans approved the additional funding, resulting in a grant total of $1,382,674 (88.53% of project total), with a local match of $179,141 (11.47% of project total), for a project total of $1,561,815. The City readvertised this project for bid on May 2, 2024. One bid was received by American Civil Constructors West Coast at $1,647,475. On July 2, 2024, City Council approved the award for this construction contract and approved a budget modification for $300,000 to cover the construction funding deficiency. June 2024 Bidder[s] Bid Amount Engineers Estimate $975,000 American Civil Constructors West Coast LLC $1,647,475 Discussion The City Council approved a total project budget of $1,000,000 with the remaining funding coming from external FHWA grants under the Bridge Preventive Maintenance Program. The FHWA grant requires funding pay-outs to be on a reimbursement basis. Therefore, the City must incur and pay the project expenditures prior to invoicing Caltrans for FHWA reimbursement. A budget modification increasing the Federal grant revenue estimates to $1,893,195 and appropriating $1,176,105 in the Transportation Fund (270-90-960) is requested to account for the grant funding until reimbursement from Caltrans is received. 70 CC 02-04-2025 70 of 985 3 In December 2024, staff submitted another request to Caltrans requesting additional grant funds to cover the additional amount of the construction contract above the current FHWA grant funds. Caltrans approved the additional funding, resulting in a grant total of $1,893,195 (88.53% of project total), with a local match of $245,285 (11.47% of project total), for a project total of $2,138,480. Next Steps If approved, the City and contractor anticipate completion of the repairs to the listed bridges by July 2025. If the acceptance of this grant and budget modification is not approved, the City will cancel the incomplete portions of the project and lose the opportunity to utilize the grant funding approved by Caltrans for this project. The recommended repairs that have not been completed to date will remain outstanding and Caltrans may require repairs at a later date. Sustainability Impact No sustainability impact. Fiscal Impact Approval will increase the Federal grant revenue estimates of $1,893,195 to budget unit 270-90-960 Bridge Preventive Maintenance Project Fund, increasing expenditure appropriations in the budget by $1,176,105 for construction costs, construction management costs, and local match requirement for a total project budget of $2,176,105. After reimbursements are received, the City funding allocation would be $282,910. Fiscal Summary Active Project Since Fiscal Year (FY) 2015 Current Funding Status (Budget) Amount City Approved Funds FY15 $165,000 City Approved Funds FY17 $535,000 City Approved Funds FY25 $300,000 Subtotal (budget unit 270-90-960): $1,000,000 Projected Funding Impact (Expenditures) Amount Design Phase Expense (Completed) ($218,900) Construction Contract ($1,647,475 base contract and $164,750 contingency) ($1,812,225) Construction Management ($144,980) Subtotal: ($2,176,105) 71 CC 02-04-2025 71 of 985 4 Summary Amount Current Project Budget (budget unit 270-90-960) $1,000,000 Projected Funding Impact ($2,176,105) Total Deficiency: ($1,176,105) Budget Modification Requested: $1,176,105 FHWA Grant (Revenues) Federal Grant Local Match Total Amount FY17 Funding Awarded $571,151 $73,999 $645,150 FY23 Additional Funding Awarded $716,296 $92,804 $809,100 FY24 Additional Funding Awarded $95,227 $12,338 $107,565 FY25 Additional Funding Awarded $510,521 $66,144 $576,665 Total $1,893,195 $245,285 $2,138,480 City Work Program (CWP) Item: No CWP Item Description: N/A Council Goal: N/A California Environmental Quality Act (CEQA) This project is categorically exempt from CEQA under CEQA Guidelines Section 15301(d) (rehabilitation of deteriorated structures to meet current standards of public health and safety). _____________________________________ Prepared by: Jason Wong, Senior Civil Engineer Reviewed by: Chad Mosley, Director of Public Works Reviewed by: Chris Jensen, City Attorney Reviewed by: Tina Kapoor, Deputy City Manager Approved for Submission by: Pamela Wu, City Manager Attachments: A – Draft Resolution Grant Acceptance B – Draft Resolution Budget Modification 72 CC 02-04-2025 72 of 985 Attachment A RESOLUTION NO. __________ A RESOLUTION OF THE CUPERTINO CITY COUNCIL ACCEPTING $1,893,195 IN FEDERAL FUNDS FROM THE FEDERAL HIGHWAY ADMINISTRATION’S BRIDGE PREVENTIVE MAINTENANCE PROGRAM FOR THE CITY BRIDGE MAINTENANCE REPAIRS PROJECT WHEREAS, Caltrans performs biennial bridge inspections and provides work recommendation reports; and WHEREAS, the City identified a need to address maintenance repairs on several City maintained bridges as recommended by Caltrans; and WHEREAS, the City applied for and was successfully awarded $1,893,195 in federal funds from the Federal Highway Administration’s Bridge Preventive Maintenance Program for the City Bridge Maintenance Repairs Project; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby accept the $1,893,195 federal grant funding for the City Bridge Maintenance Repairs Project. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th day of February 2025, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: ________ Liang Chao, Mayor City of Cupertino ________________________ Date ATTEST: ________ Kirsten Squarcia, City Clerk ________________________ Date 73 CC 02-04-2025 73 of 985 Attachment B RESOLUTION NO. __________ A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING A BUDGET MODIFICATION, INCREASE OF GRANT REVENUE ESTIMATES OF $1,183,195, AND AN APPROPRIATION OF $1,176,105 TO THE BRIDGE PREVENTATIVE MAINTENANCE PROGRAM PROJECT FUND WHEREAS, the orderly administration of municipal government depends on a sound fiscal policy of maintaining a proper ratio of expenditures within anticipated revenues and available monies; and WHEREAS, accomplishing City Council directives, projects, and programs and performing staff duties and responsibilities likewise depends on the monies available for that purpose; and WHEREAS, the City Manager has determined that the balances from the funds specified in this resolution are adequate to cover the proposed transfer appropriations, and therefore recommends the fund reallocation described herein; and NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the recommended fund transfer and ratifies the attached amended appropriations as set forth in Exhibit A. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th day of February 2025, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: 74 CC 02-04-2025 74 of 985 Resolution No. __________ Page 2 SIGNED: ________ Liang Chao, Mayor City of Cupertino ________________________ Date ATTEST: ________ Kirsten Squarcia, City Clerk ________________________ Date 75 CC 02-04-2025 75 of 985 Resolution No. __________ Page 3 EXHIBIT A Appropriation Amendment by Fund Revenue Appropriations Fund Balance (Use of) TOTAL $1,893,195 $1,176,105 $0 76 CC 02-04-2025 76 of 985 CITY OF CUPERTINO Agenda Item 25-13614 Agenda Date: 2/4/2025 Agenda #: 7. Subject: Approval of a Final Map and the Subdivision Improvement Agreement for the 6-Unit Domme Enclave Development Project (Tract No. 10608; Applicant AlphaMcClellan, LLC; Location: 20860 McClellan Road; APN: 359-20-030). Adopt Resolution No. 25-010: 1) Approving the final map consisting of Tract No. 10608. 2) Accepting the street dedication and public easements and abandoning redundant communication easement as shown on the map. 3) Authorizing the City Engineer to execute and record the Subdivision Improvement Agreement. CITY OF CUPERTINO Printed on 1/28/2025Page 1 of 1 powered by Legistar™77 CC 02-04-2025 77 of 985 CITY COUNCIL STAFF REPORT Meeting: February 4, 2025 Subject Approval of a Final Map and the Subdivision Improvement Agreement for the 6-Unit Domme Enclave Development Project (Tract No. 10608; Applicant: AlphaMcClellan, LLC; Location: 20860 McClellan Road; APN: 359-20-030). Recommended Action Adopt Resolution No. 25-XXX: 1) Approving the final map consisting of Tract No. 10608. 2) Accepting the street dedication and public easements and abandoning redundant communication easement as shown on the map. 3) Authorizing the City Engineer to execute and record the Subdivision Improvement Agreement. Reasons for Recommendation Background The Domme Enclave Development Project is comprised of one existing parcel that will be subdivided into seven parcels, consisting of one common parcel and six residential parcels. The project would demolish the existing residential building and various onsite structures, construct six separate residential buildings, modify the existing public facilities along the McClellan Road frontage, and widen as well as improve the Cherryland Drive frontage with the installation of private street improvements, including new curb, gutter, sidewalk, and roadway pavers. On October 18, 2022, the City Council adopted Resolution No. 22-130 approving the Two-Story Permits (R-2021- 040 through -045) and Resolution No. 22-129 approving the Tentative Map (TM-2021- 006) for the Domme Enclave Development Project. In February 2023, subsequent to planning approval, the applicant submitted review of the final map. Concurrently, the applicant submitted permit applications for the project. The applicant was issued a demolition permit in July 2023, and the demolition work was completed in November 2023. The building permit applications have been approved and are ready to be issued following the recordation of the final map. 78 CC 02-04-2025 78 of 985 Discussion Final Map The proposed final map (Attachment B) includes a public street dedication in fee title and various public easements necessary to accommodate the approved use. The map also abandons a redundant communication easement. Based on staff’s review, the final map is in substantial compliance with the approved tentative subdivision map and conforms to the requirements of the Subdivision Map Act and the Cupertino Municipal Code (CMC.) Under the Subdivision Map Act and the Cupertino Municipal Code, approval of the final map is a ministerial act, and the City must approve any final map that substantially complies with the approved tentative map. (CMC § 18.16.200(B); Gov. Code, §§ 66458, 66474.1.) Staff recommends that the City Council approve the final map. Subdivision Improvement Agreement The applicant has executed a Subdivision Improvement Agreement (SIA) (Attachment C) with the City. The SIA and the associated improvement plans include, as required by the conditions of approval to the Tentative Map: a. New curb, gutter, attached sidewalk, driveway aprons, and various utility connections, consistent with City standards, along the project’s Cherryland Drive property frontage. b. New street trees and the replacement of existing driveway aprons with new curb and gutter along the project’s McClellan Road property frontage. c. Modification of a portion of the Class IV bicycle facilities along the project’s McClellan Road property frontage to support the project. Pursuant to the Cupertino Municipal Code, the SIA requires the applicant to construct these improvements and provide security for their completion. Upon completion, the City will review them for acceptance. The proposed SIA also sets out a schedule for the applicant’s payment of various City fees and bonds. This schedule follows the deadlines set in the Cupertino Municipal Code. Staff therefore recommends that the City Council authorize the City Engineer to execute and record the SIA. Sustainability Impact No sustainability impact. Fiscal Impact As part of the Tentative Map approval, the project will be generating the following revenue: Parkland Dedication In-Lieu Fees – $525,000 (280-90-001 406-409), Transportation Impact Fees – $33,985 (271-90-001 450-402), Storm Drainage Fees – $7,375 (215-90-001 406-406), and other various cost recovery permitting fees. California Environmental Quality Act 79 CC 02-04-2025 79 of 985 Not applicable. _____________________________________ Prepared by: Jennifer Chu, Senior Civil Engineer Reviewed by: Chad Mosley, Director of Public Works Reviewed by: Chris Jensen, City Attorney Reviewed by: Tina Kapoor, Deputy City Manager Approved for Submission by: Pamela Wu, City Manager Attachments: A – Draft Resolution B – Final Map C – Subdivision Improvement Agreement 80 CC 02-04-2025 80 of 985 Attachment A RESOLUTION NO. 25-XXX A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING THE FINAL MAP – TRACT NO. 10608, ACCEPTING THE PUBLIC STREET AND PUBLIC EASEMENTS OFFERED FOR DEDICATION, ABANDONING A REDUNDANT COMMUNICATION EASEMENT, AND AUTHORIZING THE CITY ENGINEER TO EXECUTE AND RECORD THE SUBDIVISION IMPROVEMENT AGREEEMENT FOR THE DOMME ENCLAVE DEVELOPMENT PROJECT LOCATED AT 20860 MCCLELLAN ROAD (APN: 359-20-030) WHEREAS, on October 18, 2022, the City Council adopted Resolution No. 22-129 approving a Tentative Map for a seven-lot subdivision (six residential lots and one common lot); and WHEREAS, the proposed final map conforms to the requirements of the Subdivision Map Act and the Cupertino Municipal Code and is in substantial compliance with the approved Tentative Map; and WHEREAS, the Domme Enclave Development Project, including the Tentative Map and Final Map, is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines; and WHEREAS, a prior communication easement (Book 8999, Page 325) is made redundant by the public roadway dedication in fee title shown on the Final Map; thereby preserving all rights and protections for any public utilities within the area; and WHEREAS, public roadway dedication and public easements are necessary to accommodate the approved use of the property and have been offered for dedication and granted with the map; and WHEREAS, the Subdivision Improvement Agreement has been presented to the City Council in a form ready to be executed; and WHEREAS, the Final Map for the property located at 20860 McClellan Road (APN 359-20-030) has been presented to the City Council. 81 CC 02-04-2025 81 of 985 Resolution No. 25-XXX Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby: 1.) Approve the final map and authorize its recordation, 2.) Accept the public roadway dedication and public easements, and the abandonment of the redundant communication easement as shown on said map, and 3.) Authorize the City Engineer to execute and record the Subdivision Improvement Agreement. BE IT FURTHER RESOLVED that the City Engineer is authorized to make such non-material changes to the Final Map and Subdivision Improvement Agreement as are necessary to finalize them. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th day of February, 2025, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: ________ Liang Chao, Mayor City of Cupertino ________________________ Date ATTEST: ________ Kirsten Squarcia, City Clerk ________________________ Date 82 CC 02-04-2025 82 of 985 L: \ P r o j e c t s \ H a r r y \ 2 2 1 0 4 7 - A l o k V e n t u r e s , L L C , M c C l e n n a n R o a d , C u p e r t i n o \ D W G \ 2 2 1 0 4 7 F M S h e e t 0 1 . d w g - 3 / 2 9 / 2 0 2 4 4 : 4 0 P M - P l o t t e d 3 / 2 9 / 2 0 2 4 4 : 4 0 P M b y H a r i n d e r S i n g l a WE ALSO HEREBY DEDICATE TO THE CITY OF CUPERTINO PUBLIC USE EASEMENTS FOR ANY AND ALL PUBLIC UTILITY FACILITIES INCLUDING POLES, WIRES, CONDUITS, GAS, WATER, HEAT MAINS AND ALL APPURTENANCES TO THE ABOVE, UNDER, UPON, OR OVER THOSE CERTAIN AREAS LYING BETWEEN DASHED LINES EACH DESIGNATED AS "PUE" (PUBLIC UTILITY EASEMENT). THE ABOVE-MENTIONED PUBLIC UTILITY EASEMENTS TO BE KEPT OPEN AND FREE FROM BUILDINGS AND STRUCTURES OF ANY KIND EXCEPT PUBLIC SERVICE STRUCTURES, IRRIGATION SYSTEMS AND APPURTENANCES THERETO, LAWFUL FENCES AND ALL LAWFUL UNSUPPORTED ROOF OVERHANGS. TELLUS APP, INC. ISAOA, BENEFICIARY UNDER THE DEED OF TRUST, RECORDED SEPTEMBER 1, 2023, AS DOCUMENT NUMBER 25525851, OFFICIAL RECORDS OF SANTA CLARA COUNTY, CALIFORNIA, DOES HEREBY CONSENT TO THE MAKING AND FILING OF THIS MAP. AS OWNER (S): A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. SIONAL E N G E E R A I N A L I F O R NIIL D P R O F E TER E REGI S S E OF TAT CI No. 66077 S C V FILE NO FEE $ PAID. ACCEPTED FOR RECORD AND FILED THIS DAY OF , 20 ____ . AT , M, IN BOOK OF MAPS AT PAGE(S) , SANTA CLARA COUNTY RECORDS, AT THE REQUEST OF FIRST AMERICAN TITLE COMPANY. REGINA ALCOMENDRAS, COUNTY RECORDER SANTA CLARA COUNTY BY: DEPUTY I HEREBY STATE THAT I HAVE EXAMINED THE HEREON SUBDIVISION MAP AND I AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT. DAVIS THRESH, PLS 6868 DATE BKF ENGINEERS THIS MAP IS CONSISTENT WITH THE TENTATIVE MAP APPROVED PER THE CITY COUNCIL RESOLUTION NO. 22-129, DATED OCTOBER 18, 2022. THIS SUBDIVISION IS SUBJECT TO ALL CONDITIONS IMPOSED ON IT AS A RESULT OF THE APPROVAL OF TM- 2021-006. BENJAMIN FU DATE COMMUNITY DEVELOPMENT DIRECTOR CITY OF CUPERTINO, CALIFORNIA HARINDER SINGLA, PLS NO. 8347 THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE, AT THE REQUEST OF AlphaMcClellan, LLC on August, 2023; THE SURVEY IS TRUE AND COMPLETE AS SHOWN; I HEREBY STATE THAT ALL THE MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR WILL BE SET IN SUCH POSITIONS ON OR BEFORE August 2025, AND THAT SUCH MONUMENTS ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. AND THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. DATE I HEREBY STATE THAT I HAVE EXAMINED THE HEREIN FINAL MAP OF TRACT NO. 10608; THAT THE SUBDIVISION AS SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, AND ANY APPROVED ALTERATIONS THEREOF, THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT, AS AMENDED, AND OF ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP, IF REQUIRED, HAVE BEEN COMPLIED WITH. I HEREBY STATE THAT THE CITY COUNCIL OF THE CITY OF CUPERTINO AT A DULY AUTHORIZED MEETING HELD ON THE _______ DAY OF ________________________, 20___, BY RESOLUTION NO.__________________, DULY APPROVED THE HEREIN FINAL MAP AS SHOWN AND ACCEPTED ON BEHALF OF THE PUBLIC THE DEDICATION IN FEE OF ALL STREETS AND PORTIONS THEREOF AND ALL EASEMENTS OFFERED FOR PUBLIC USE AS SHOWN ON SAID MAP WITHIN SAID SUBDIVISION. PACIFIC TELEPHONE AND TELEGRAPH COMPANY EASEMENT FOR UTILITY PURPOSES, RECORDED JULY 24, 1970, IN BOOK 8999 OF OFFICIAL RECORDS, PAGE 325, UNDER RECORDER'S SERIAL NUMBER 3845350, IS DELINEATED HEREON AND ABANDONED PURSUANT TO GOVERNMENT CODE SECTION 66434 (g) OF THE SUBDIVISION MAP ACT. KIRSTEN SQUARCIA, CITY CLERK DATE CITY OF CUPERTINO, CALIFORNIA A SOILS REPORT AND/OR GEOLOGICAL REPORT ON THIS PROPERTY HAS BEEN PREPARED BY GeoEngineering Consultants, DATED Jan 19, 2021, REPORT NO. P21.0151, A COPY OF WHICH HAS BEEN FILED WITH THE CITY OF CUPERTINO. CHAD MOSLEY, RCE NO. 66077 CITY OF CUPERTINO, CALIFORNIA WE ALSO HEREBY RESERVE FOR THE BENEFIT OF THE OWNERS OF LOTS 1 THROUGH 6, INCLUSIVE, THEIR LICENSEES, VISITORS AND TENANTS, 'LOT 7, PRIVATE INGRESS & EGRESS EASEMENT (PIEE), FOR THE PURPOSES OF PRIVATE ACCESS, A PRIVATE STORM DRAIN EASEMENT (PSDE) AND A PRIVATE SANITARY SEWER EASEMENT (PSSE)' FOR THE PURPOSES OF STORM DRAINS, SANITARY SEWER, DRY UTILITIES, AND ALL OTHER APPURTENANCES THERETO, UNDER, UPON AND OVER SAID LOT. SAID LOT SHALL BE CONVEYED TO THE HOMEOWNERS ASSOCIATION AND USED AND MAINTAINED IN ACCORDANCE WITH THE RECORDED COVENANTS, CONDITIONS AND RESTRICTIONS. ALL OF THE HEREIN DESCRIBED STREETS AND EASEMENTS SHALL BE KEPT FREE OF BUILDINGS, EXCEPT LAWFUL UNSUPPORTED ROOF OVERHANGS, AND OBSTRUCTIONS THAT DO NOT IMPAIR THE USE OF, OR ARE CONSISTENT WITH THE PURPOSES OF THE STREET OR EASEMENT. AlphaMcClellan, LLC, a California Limited Liability Company By: AlphaX RE Capital Inc., a California corporation, Its Manager By: Chun Yi, Authorized Signatory AS BENEFICIARY: Tellus App, Inc., a Delaware corporation By: Tiancheng Zhu, Authorized Officer DATE Surveyor's Statement City Engineer's Statement City Surveyor's Statement Director of Community Development Statement City Clerk's Statement Recorder's Statement Owner's Acknowledgment Soils and Geological Report Beneficiary's Statement April 2024 Being a Portion of the 10.56 acre tract of land in the Northwest one-quarter of Section 24, Township 7 South, Range 2 West, Mount Diablo Base & Meridian Lying within the City of Cupertino, County of Santa Clara, State of California Tract No. 10608 'Domme Enclave' Y AND S U R V E R R NIA O A L I F O I O N A L OFES S T P S TA R E OF L C State of California SS. County of _______________________ on _______________________, 20____ before me, _____________________, a Notary Public, personally appeared _______________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I Certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand Notary's Signature ____________________________________________________ Printed Notary's Name _______________________________ Notary's Principal Place of Business ______________________ Notary's Commission Number ___________________________ Expiration of Notary's Commission ________________________ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Beneficiary's Acknowledgment State of California SS. County of _______________________ on _______________________, 20____ before me, _____________________, a Notary Public, personally appeared _______________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I Certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand Notary's Signature ____________________________________________ Printed Notary's Name _______________________________ Notary's Principal Place of Business ______________________ Notary's Commission Number ___________________________ Expiration of Notary's Commission ________________________ WE ALSO HEREBY DEDICATE TO PUBLIC USE AN EASEMENT FOR PUBLIC ACCESS PURPOSE ON OR OVER THOSE CERTAIN STRIPS OF LAND, DESIGNATED AND DELINEATED AS "PAE" (PUBLIC ACCESS EASEMENT). WE ALSO HEREBY RESERVE FOR THE BENEFIT OF THE OWNERS OF LOTS 1 THROUGH 6, INCLUSIVE, A LANDSCAPING EASEMENT FOR THE COMMON AREA LANDSCAPING IMPROVEMENTS, DESIGNATED AS "LE" UNDER, UPON OR OVER PORTIONS OF SAID LOTS. SAID LANDSCAPING EASEMENT SHALL BE CONVEYED TO THE HOMEOWNERS ASSOCIATION AND USED AND MAINTAINED IN ACCORDANCE WITH THE RECORDED COVENANTS, CONDITIONS AND RESTRICTIONS. WE ALSO HEREBY RESERVE FOR THE BENEFIT OF THE OWNERS OF ADJOINING WESTERLY PROPERTY, TITLE LISTED UNDER DOCUMENT NO. 2860732, AN EASEMENT FOR THE EMERGENCY RELEASE OF UNCONTROLLED SURFACE DRAINAGE OVER A PORTION OF LOT 6 DESIGNATED AS PRIVATE STORM DRAIN EASEMENT (PSDE). SAID EASEMENT SHALL BE MAINTAINED BY THE OWNERS OF SAID LOT 6. C H A D M OS L E Y DAV I S T H R E S H Y AND S U R V E R R NIA O A L I F O I O N A L OFES S T P S TA R E OF L C HARI N D E R SI N G L A WE ALSO HEREBY DEDICATE IN FEE TO THE CITY OF CUPERTINO FOR PUBLIC USE AS RIGHT-OF-WAY THE REAL PROPERTY DELINEATED HEREON AS DESIGNATED "ROADWAY DEDICATION IN FEE", WHICH DEDICATION SHALL BE EFFECTED BY A SEPARATE INSTRUMENT. WE ALSO HEREBY DEDICATE TO PUBLIC USE AN EASEMENT FOR EMERGENCY ACCESS PURPOSES ON OR OVER THOSE CERTAIN STRIPS OF LAND, DESIGNATED AND DELINEATED AS "EAE" (EMERGENCY ACCESS EASEMENT). WE HEREBY STATE THAT WE ARE THE OWNERS OF, OR HAVE SOME RIGHT, TITLE, OR INTEREST IN AND TO THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN ON THE MAP; THAT WE ARE THE ONLY PERSONS WHOSE CONSENTS ARE NECESSARY TO PASS A CLEAR TITLE TO SAID REAL PROPERTY; AND THAT WE HEREBY CONSENT TO THE MAKING OF SAID MAP AND SUBDIVISION AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE AND ALL DEDICATIONS AND OFFERS OF DEDICATION THEREIN. Owner's Statement MH engineering Co.M H (408) 779-738116075 Vineyard BoulevardMorgan Hill, CA 95037 Sheet 1 of 3 MH Job No: 221047 Attachment B 83CC 02-04-2025 83 of 985 Cherryland Drive Mc C l e l l a n R o a d Bonny Drive 25 ' R2 10 . 5 0 ' R2 (NORTH)(M-M 301.76') Held per R2 S0°02'48"E 419.79' N8 9 ° 5 6 ' 3 5 " E 13 9 . 3 5 ' NORTH 419.74' N8 9 ° 5 5 ' 1 6 " E 13 9 . 0 1 ' BDM not Found at Cherryland Dr Held Record Distance M-M 57.47 per R2 Fd BDM 0.17' north Held Per Call on R2 M-M 884.93' (885.00' per R2) BDM per R2 SFNF SET BDM Fd BDM per R2 IP per R1 SFNF (1 4 0 . 0 0 ' p e r R 3 ) N8 9 ° 5 6 ' 3 5 " E 20' PT&T Easement per Doc#3845350 8999 O.R. 325 (North 419.75' per R2,R3) ( N 8 9 ° 5 6 ' E p e r R 3 ) (South per R3) SET BDM Lands of AlphaMcClellan, LLC Doc. No. 25525850 1.341 acre ± 67 7 . 6 1 ' (P u b l i c r i g h t - o f - w a y v a r i e s ) (N 8 9 ° 5 7 ' E p e r R 3 ) (N 8 9 ° 5 8 ' 0 2 " E p e r R 1 ) 57 . 4 7 ' NAIL per R1 SFNF Ba s i s o f B e a r i n g s (N 8 9 ° 5 6 ' 3 5 " E p e r R 2 ) 10.50' (Private Street) EAST (M-M 24.00' PER R2) ( 1 4 0 ' p e r R 3 ) IP per R1 SFNF ( S 8 9 ° 5 5 ' 3 2 " W p e r R 1 ) (S00°00'08"E per R1) (419.80' per R3) (419.54' per R1) (E) 5' LE & PUE PER R2 (E) PUE, EAE, PIEE, PAE, PSDE & PSSE PER R2 McClellan Place Stelling Road Fd Mon Box Per R2 No ID M- M 8 8 4 . 9 3 ' (8 8 5 . 0 0 ' p e r R 2 ) North SCALE: 1"=20' 0 10 20 30 40 Basis of Bearings: Basis of bearings is along the centerline of McClellan Road between found monuments as N89°56'35"E as shown on that certain Record of Survey Map filed for record in Book 173 of Maps at Page 54, Santa Clara County Records. L: \ P r o j e c t s \ H a r r y \ 2 2 1 0 4 7 - A l o k V e n t u r e s , L L C , M c C l e n n a n R o a d , C u p e r t i n o \ D W G \ 2 2 1 0 4 7 F M S h e e t 0 2 - B o u n d a r y P a g e . d w g - 3 / 2 9 / 2 0 2 4 4 : 4 5 P M - P l o t t e d 3 / 2 9 / 2 0 2 4 4 : 4 6 P M b y H a r i n d e r S i n g l a MH engineering Co.M H (408) 779-738116075 Vineyard BoulevardMorgan Hill, CA 95037 Sheet 2 of 3 MH Job No: 221047 Referenced Record Data R1 Record of Survey Book 161 of Maps, Page 44 R2 Parcel Map Book 885 of Maps, Page 6-7 R3 Grant Deed, Doc. #25525850 SET STANDARD CITY MONUMENT, TAGGED PLS 8347 FOUND STANDARD CITY MONUMENT, AS NOTED STREET CENTERLINE DISTINCTIVE BOUNDARY LINE EXISTING LOT LINE EASEMENT LINE LEGEND BRASS DISK MONUMENT DOCUMENT FOUND EXISTING EMERGENCY ACCESS EASEMENT IDENTIFICATION IRON PIPE MAPS MONUMENT TO MONUMENT PUBLIC ACCESS EASEMENT PRIVATE INGRESS & EGRESS EASEMENT PRIVATE STORM DRAINAGE EASEMENT PRIVATE SANITARY SEWER EASEMENT PACIFIC TELEPHONE AND TELEGRAPH COMPANY PUBLIC UTILITY EASEMENT RECORD NUMBER SEARCHED FOR, NOT FOUND OFFICIAL RECORDS RECORD DATA BDM DOC. FD (E) EAE ID IP M M-M PAE PIEE PSDE PSSE PT&T PUE R# SFNF O.R. (...) April 2024 Being a Portion of the 10.56 acre tract of land in the Northwest one-quarter of Section 24, Township 7 South, Range 2 West, Mount Diablo Base & Meridian Lying within the City of Cupertino, County of Santa Clara, State of California Tract No. 10608 'Domme Enclave' 1) 2) 3) THE DISTINCTIVE BORDER LINE INDICATES THE BOUNDARY OF THE SUBDIVISION. THE AREA WITHIN THE DISTINCTIVE BOUNDARY IS 1.341 ACRES MORE OR LESS. ALL DISTANCES AND DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. NOTES 4)RECORD INFORMATION SHOWN HEREON IS BASED ON THE PRELIMINARY TITLE REPORT PREPARED BY FIRTS AMERICAN TITLE COMPANY, DATED SEPTEMBER 22, 2023, ORDER NUMBER 3821-7001491. 5)THIS SHEET SHOWS RECORD BOUNDARY AND EASEMENTS. 6)ASSESSOR'S PARCEL NUMBER 359-20-030 SUBJECT TO THE DECLARATION OF EASEMENTS AND MAINTENANCE FOR PRIVATE ROAD RECORDED JUNE 1, 2023, AS DOCUMENT NUMBER 25482243, SANTA CLARA COUNTY RECORDS. SUBJECT TO THE QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS RECORDED AUGUST 24, 2023, AS DOCUMENT NUMBER 25522718, SANTA CLARA COUNTY RECORDS. 7) 8) 84CC 02-04-2025 84 of 985 Cherryland Drive (Private Street) Bonny Drive 25 ' R2 10 . 5 0 ' R2 (NORTH)(M-M 301.76') Held per R2 R = 15.00' Δ = 33°53'09" L = 8.87' R = 15.00' Δ = 90°03'25" L = 23.58' S8 9 ° 5 6 ' 3 5 " W 14 9 . 8 5 ' BDM per R2 SFNF SET BDM Fd BDM per R2 5' PUE & LE (PUE, EAE, PIEE, PAE, PSDE & PSSE) 4' PSDE 8' PSDE SET BDM 5' PUE & LE S9 0 ° 0 0 ' 0 0 " E 12 4 . 7 7 ' S9 0 ° 0 0 ' 0 0 " E 12 4 . 7 2 ' S 9 0 ° 0 0 ' 0 0 " E 12 4 . 6 8 ' S9 0 ° 0 0 ' 0 0 " E 11 5 . 9 7 ' N8 9 ° 5 9 ' 5 7 " E 98 . 1 6 ' N8 9 ° 5 6 ' 3 5 " E 13 9 . 3 3 ' S8 9 ° 5 5 ' 1 6 " W 13 9 . 0 1 ' 69.08'60.40'60.40'61.00'76.76'62.15' Lot 1 8,581 SF ± Lot 2 7,535 SF ± Lot 3 7,532 SF ± Lot 4 7,526 SF ± Lot 5 8,469 SF ±Lot 6 9,615 SF ± 10 9 . 8 2 ' 29 . 5 1 ' 54.19'60.40'60.40'40.64' Lot 7 Common Area 4,987 SF ± S0°00'00"W 215.63' 307.23' R = 56.00' Δ = 13°48'13" L = 13.49' R = 56.00' Δ = 24°36'35" L = 24.05' R = 37.00' Δ = 21°19'00" L = 13.77' R = 37.00' Δ = 47°40'10" L = 30.78'C1 C2 NORTH 419.74' 13 9 . 3 5 ' 10.50' 57 . 4 7 ' 82.51' N16° 2 9 ' 1 0 " E ( r ) r 4 r 3 r2 r1 Mc C l e l l a n R o a d (P u b l i c r i g h t - o f - w a y v a r i e s ) (EAST) (M-M 24.00') per R2 (E) PUE, EAE, PIEE, PAE, PSDE & PSSE PER R2 (E) 5'LE & PUE PER R2 Ro a d w a y D e d i c a t i o n In F e e 4, 1 8 0 S F ± 30.00' 30.00' S0°02'48"E 419.79' Fd BDM 0.17' north Held Per Call on R2 BDM not Found at Cherryland Dr Held Record Distance M-M 57.47 per R2 N2 4 ° 2 4 ' 2 4 " E 43. 8 1 ' (D O C N o . _ _ _ _ _ _ _ _ _ _ O . R . ) Curve Table # C1 C2 Radius 37.00' 56.00' Delta 068°59'11" 038°24'48" Length 44.55' 37.54' Radial Bearing Table # r1 r2 r3 r4 Direction N56°06'51"W S69°55'04"E N85°28'21"E S64°09'21"W 068°59'10" S64°09'20"W North SCALE: 1"=20' 0 10 20 30 40 L: \ P r o j e c t s \ H a r r y \ 2 2 1 0 4 7 - A l o k V e n t u r e s , L L C , M c C l e n n a n R o a d , C u p e r t i n o \ D W G \ 2 2 1 0 4 7 F M S h e e t 0 3 . d w g - 3 / 2 9 / 2 0 2 4 4 : 4 6 P M - P l o t t e d 3 / 2 9 / 2 0 2 4 4 : 4 6 P M b y H a r i n d e r S i n g l a Sheet 3 of 3 MH Job No: 221047 SET STANDARD CITY MONUMENT, TAGGED PLS 8347 FOUND STANDARD CITY MONUMENT, AS NOTED SET 3/4" IRON PIPE, TAGGED PLS 8347 STREET CENTERLINE DISTINCTIVE BOUNDARY LINE NEW LOT LINE EXISTING LOT LINE EASEMENT LINE LEGEND BRASS DISK MONUMENT DOCUMENT FOUND EXISTING EMERGENCY ACCESS EASEMENT LANDSCAPE EASEMENT PUBLIC ACCESS EASEMENT PRIVATE INGRESS & EGRESS EASEMENT PRIVATE STORM DRAINAGE EASEMENT PRIVATE SANITARY SEWER EASEMENT PUBLIC UTILITY EASEMENT RADIAL NUMBER RECORD NUMBER RADIAL BEARING SEARCHED FOR, NOT FOUND OFFICIAL RECORDS RECORD DATA BDM DOC. FD (E) EAE LE PAE PIEE PSDE PSSE PUE r# R# (r) SFNF O.R. (...) Basis of Bearings: Basis of bearings is along the centerline of McClellan Road between found monuments as N89°56'35"E as shown on that certain Record of Survey Map filed for record in Book 173 of Maps at Page 54, Santa Clara County Records. MH engineering Co.M H (408) 779-738116075 Vineyard BoulevardMorgan Hill, CA 95037 Referenced Record Data R1 Record of Survey Book 161 of Maps, Page 44 R2 Parcel Map Book 885 of Maps, Page 6-7 R3 Grant Deed, Doc. #25525850 April 2024 Being a Portion of the 10.56 acre tract of land in the Northwest one-quarter of Section 24, Township 7 South, Range 2 West, Mount Diablo Base & Meridian Lying within the City of Cupertino, County of Santa Clara, State of California Tract No. 10608 'Domme Enclave' 85CC 02-04-2025 85 of 985 City of Cupertino SUBDIVISION IMPROVEMENT AGREEMENT 20860 McClellan Road, Cupertino, CA 95014 APN: 359-20-030 This agreement ("Agreement") is made and entered into this _2-2--day of JaY)UO!'J1,, . , , -7/J... h Ct OF CUPERTINO a municipal corporation of the State of Cahforn1a, ( City'), 2U'.::.J, by and between t e I Y . . . '. . . ("S bd' ·d r") for a seven-lot residential and AlphaMcClellan LLC, a California limited hab11lty company u 1v1 e , subdivision located at 20860 McClellan Road , Cupertino, CA (APN 359-20-030). RECITALS 1. Pursuant to the Subdivision Map Act of the State of California and the City's local ordinances and regulations relating to subdivision maps, Subdivider has presented to the City for ap~roval a_ final subdivision map, Tract No. 10608 (the "Map") for the subdivision of certain real property in the City of Cupertino, designated as Final Map for a seven-lot residential subdivision at 20860 McClellan Road (the "Subdivision"). 2. Subdivider has prepared and City has approved the following plans and related specifications (the "Improvement Plans") for construction, installation and completion of certain public improvements in connection with the Subdivision (the "Improvements). The Improvement Plans are on file in the City's Department of Public Works and are incorporated into this Agreement by this reference. 3. Subdivider, has also offered for dedication to City certain streets, ways and easements delineated on the Map (the "Dedications"). 4. On -------~ 20__, the City Council approved the Map and offers of ded ication shown on the Map, conditioned on Subdivider entering into this Agreement to construct and complete the Improvements. NOW, THEREFORE, in consideration of City's approval of the Map, and in order to insure satisfactory performance by Subdivider of its obligations under the Subdivision Map Act and the Cupertino Municipa l Code, City and Subdivider agree as follows: 1. SUBDIVIDER'S OBLIGATION TO CONSTRUCT IMPROVEMENTS a. Completion of Improvements. Subdivider, at its own expense, and in compliance with all provisions of the Subdivision Map Act, the Cupertino Municipal Code, the Map and any amendments thereto, and other applicable laws, shall perform the furnishing, installation, and construction of all required Improvements in conformance with the Improvement Plans ("the Work"). The decision of the City Engineer shall be final as to whether any material or workmanship meets the applicable plans, specifications, and standards as set forth herein and in the Improvement Plans. b. Compliance with applicable laws and rules. Subdivider shall construct the Improvements in accordance with the most current applicable standards and specifications of the Department of Public Works, the State of California includ ing without limitation the California Department of Transportation Page L of 14 Attachment C 86 CC 02-04-2025 86 of 985 (collectively the "State Specifications"), and in accordance with the specifications of the Cupertino Sanitary District where applicable . Wherever the words "Sta te" or "Ca lifornia Divis ion of Highways" are mentioned in the State Specifications, it shall be considered as referring to the City of Cupertino; also wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State Specifications and the specifications of the City, and/or the Cupertino Sanitary District, the specifications of the City and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such confl icting portions. c. Repair and repla cement of damaged pub lic facilities. Subdivider shall, at its own expense, repair or replace all public improvements, public utility facilities, surveying monuments and other public facilities that are destroyed or damaged as a resu lt of the Work. Subdivider shall promptly notify the City Engineer of such damage and shall obta in the City Engineer's approval of all repair and replacement of damaged facilities. d. Subdivider's responsibil ity until City's acceptance. Until City accepts the Improvements, Subdivider shall be responsible for the ca re and maintenance of such Improvements and shall bear all risks of lo ss or damage to the Improvements. City shall not have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by City . City's acceptance of the Improvements shall not constitute a wa iver of any defects in the Improvements or Subdivider's obligation to repair such defects as provided in Section 8 of this Agreement. e. Time for installation .of Improvements. Subdivider shall install and complete the Improvements within one (1) year from the date of execution of this Agreement, or such longer period as may be specifically author ized in writing by the City Engineer pursuant to section l(f) of this Agree ment. In the ev ent the Subdivider fails ·or refus es to complete the Work within the specified period of time, the City is hereby authorized:to complete the Work in whatever manner the City shall decide. In the event the City completes the Work, the City may recover all costs incurred thereby from the Subdivider or, pursu ant to bonds posted as set out in Section 5 below, the Subdivider's surety, or both. No final inspection shall be granted or street improveme·nts shall not be accepted unless all the requirements for safety purposes are installed, such as sidewalks, handicap ramps, street lights, etc. f . Time extensions. The City Engineer, in his or her so le d is cretion, may approve, in writing, a request for extension of the time require'd for the Work upon a showing of good cause by the Subdivider. Good cause may include, without limitation, delay resulting from an act of the City, acts of God , strikes, boycotts, or similar job act ions which prevent the conduct of the Work. In approving a request for time extension, the City Engineer may impose reasonable related conditions, such as requiring Subdivider to furnish new or mod ified improvement security guaranteeing performance of this Agreement, as extended, in an increased amount necessary to compensate for any projected increase in the estimated total cost of Improvements, as determined by the City Engineer. g. Permits. Subdivider shall, at its own expense, obtain, and comply with the conditions of all necessary permits and licenses for the construction of the Improvements and give all necessary notices and pay all fee s and taxes required by law. 2. ACQUISITION AND DEDICATION OF EASEMENTS OR RIG HTS OF WAY a. Subd ivid er offers to dedicate the real property shown on Tract No. 10608 as filed for reco rd with the County of Santa Clara, which is made a part hereof by reference (the "Dedicated Property"). Upon the Page 2 of 14 87 CC 02-04-2025 87 of 985 condition precedent that the Subdivider shall perform each and every covenant and condition of this Agreement, the City agrees to accept said rea l property offered for dedication. The Dedicated Property shall be free and clear of all liens or encumbrances except those which the City agrees to waive in writing. Subdivider agrees not to revoke this offer of dedication, and to keep said offer open until the City accepts offer, Upon execution of this Agreement, Subdivider agrees to deliver a properly executed grant deed to the City of the real property described in Tract No. 10608, and such other executed conveyances, or instruments necessary to convey clear title as herein required. The Subdivider shall provide, at.the Subdivider's sole cost and expense, to the City at the time of acceptance of dedication and recordation of deed, (1) a· preliminary title report issued by a title insurance company relating to the property offered for dedica tion, and (2) a standard policy of title insurance issu ed by a title insurance company and insuring the · City, showing that the Dedi cated Property is free and clear of all liens or encumbrances except any that the City expressly agreed to waive. b. Subdivider sh all acquire any easement and right-of-way nec essary for completion of the Project at its own cost and expense. However, that i n the event eminent domain proceedings are required, the City for the purpose of securing said easement and right-of-way, Subdivider shall deposit with City, a sum covering (i) the reasonable market value of the interest proposed to be taken and (ii) a reasonable allowance for severance damages, if any, and (iii) estimated legal fees and costs, engineering, and other incidental costs in such reasonable amounts as the City may require. 3. INSPECTION AND FINAL ACCEPTANCE a. Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by the City Engineer . . b. Upon completion of' the Improvements in compliance with the Improvement Plans and all, applicable standards, the City Engineer or, for facilities to be accepted by the Cupertino Sanitary District, the District Engineer, shall perform a final inspection to determine the completeness of the Improvements. • If the City an d/or District· Engineer determines the Improvements are complete an d meet all applicable standards and specifications, he or she shall· issue a Notice of Completion pursuant to Cupertino City Code section 18.32.400. c. Subdivider shall bear all costs o f in spection and certification for acceptance. Acceptance by the City Engineer and/or District Engineer shall not constitute a waiver by the City and/or Cupertino Sanitary District of any defects in the Improvements. 4. GROUNDWATER RIGHTS Subdivider, when requested by the City, shall quitclaim all his/her rights and interests in, and shall grant to City authorization to extract water from the underground strata lying beneath said project. Subdivider agrees to execute a "Quitclaim Deed and Authorization" regarding such rights, in favor of City upon such request. S. SECURITY a. Required Security. Pr ior to execution of this Agreement, Subdivider sha ll provide the following security to City in one of the forms set out in Section S.b below. Page 3 of 14 88 CC 02-04-2025 88 of 985 (1) Faithful performance. Security for faithfu l performance of this Agreement in the amount set forth in Part A of Exhibit A. (2) Labor and Materials. Security for labor and materia ls in the amount set forth in Part B of Exhibit A. b. Form of Security. Su bdivider shall provide as security, bonds executed by a surety co mpany authorized to transact a surety business in.the State of California and approved by the City as to sufficiency. In the event that the Subdivider shall fail to faithfully perform the covenants and conditions of this Agreement, or to make any payment, or any dedication of land, or any improvements herein required, the City shall call on the surety ,to perform this Agreement or otherwise indemnify the City for the Subdivider's failure to do so. In lieu of a su rety bond, the Subdivider may, with the City's consent, which the City may grant or withhold in its·sole and absolute discretion, elect to secure its performance of this Agreement by depositing with the City (1) Cash; (2) A cashier's check, or a ,certified check pay abl e to the order of the City of Cupertino; or (3) A certificate of deposit, or instrument of credit acceptable to the City and meeting the requirements of Government Code Section 66499 (a) or. (b). The amount of said cash, checks, certificate of deposit, or instrument of credit shall be as Subdi\lider set forth in Parts A and/or B of Ex hibit A. In the event that the Subdivider shall fail to faithfully perform the covenants and conditions of this Agreement, o r to make any payment, or any dedication of land, or any improvements herein required, the City may apply the proceeds of said secu rity thereto. c. Release of Security. Security shall be released as follows: (1) Upon the Director's issuance of a Notice of Completion for the Infrastructure in accordance wit h Section 3{b), 90 percent of the fa ithful performance sec urity shall be released . The Security rema in ing following such release is referred to herein as the "Remaining Security.". (2) Release of t he remaining 10 percent of the faithful performance security at one year from accepta nce, or if the City issues a written notice or notices of defect pursuant to Section 8, one year after all such defects have been corrected, provided that prior to the release of the remaining amount the Director of Public Works shall have certified that no cl aims re garding the workmanship or quality ·of the Infrastructure have been filed against the City, all such claims have been satisfied, withdrawn, or otherwise secured by bond or other secu r ity approved by the City Engineer. (3) Release of the entire labor and material security at six months from acceptance, or i f the City issues a written notice or notices of defect pursuant to Section 8, six months after all such defects have been corrected, provided that prior to the release of the security, the Director of Public Works shall have certified that no claims by any contractor, subcontractor o r person furnishing labor, materials or equipment for the Infrast ructure has been flied against the City. In the event that claims have been filed, the land and materials security may be reduced to an amount equal to the total amount claimed by all claimants for w hom liens have been filed and of which notice has been given to the City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the security. The balance of the security shall be released upon settlement or release of all claims and obligations for which t he security was given. 6. PAYMENT OF REQUIRED FEES Page 4 of 14 89 CC 02-04-2025 89 of 985 a. Permits and licenses. Subdivider shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by City ordinance, including but not limited to the fees described in t his Agreement, and all taxes required by law. b. Fees. The Parties acknowledge that as a precondition to the execution of this Agreement, Subdivider has paid fees in t he amounts set forth in Exhibit A, including but not limited to the following: (1) Inspection Fees. Subdivider sha ll pay all necessary direct expenses for inspection, checking, etc. incurred by City in connection with said Proj ect, and that Subdivider shall have deposited sufficient funds with City, prior to execution of this Agreement. Should construction costs vary materially from the estimate from which this sum is calculated, the City Engineer sha ll notify Subdivide r of any additional sum due and owing as a resu lt thereof. (2) Storm Drainage Fee. Subdivider shall deposit with the City, prior to execution of this Agreement, a storm drainage charge in connection with the said Project in accordance with the requirements established in Reso lution 4422, March 21, 1977. (3) Map Checking Fee. Subdi\lider shall deposit with City , prior to execution of this Agreeme nt, for office checking of final map and field checking of street monuments, in compliance with Section 4 :1 of Ordinance No. 47 (Rev ised 12/04/61) of City. (4) Park Fee. Subdivider shall pay such f ees and/or dedicate such land to the City, prior to execution of this Agreement, as is required within Section 18.24.030, Park Land Dedication, Cupertino Municipal Code. Park fees are calcula ted in accordance with action origin ally adopted by the City Council on March 19, 1991 and Chapter 14.05 or Section 18.24.030 of the Cupertino Municipal Code and as su bseque ntly amended. (5) Transportation Impact Fee. Subdivider shall pay such fees, prior to execution of this Agreement, as-is required under Chapter 14 .02 of the Cupertino Municipal Code. (6) Reimbursement Fee. Subdivider shall deposit with the City, prior to execution of this Agreement, a reimbursement fee for any street improvements that have been installed by the City, or by another property owner. Subdivider shall pay the City for the cost of the land at the cost • to the City, o r another property owner, and shall pay a street improvement reimbursement cha rg e for the improvements which the City or another property owner, insta lled on the street abutting or included in the benefited property, in an amount equal to the total improvement costs for each particu lar benefited property as set forth in a reimbursement agreement. Payments for both land and improvements shall i nclude simple interest in the amount of seven percent per year, to be calculated in the following manner: (i) Land Cost. Interest to accrue from the date the street improvements are accepted by the City to t he date the street improvements reimbursement charge is paid, or if the land is 'purchased by the City for a City project, from the date of purchase to the date the charge is pa i d. {ii) Improvement Cost. Interest to accrue from the date the street improvements are accepted by the City to the date the street improvement re imbursement charge is pa id, or if installed by the City, from the date installation commenced to the date the charge is paid. (iii) Provided, however, that the interest shall be waived if the adjoi ning property owner dedicates or has dedicated to the City la nd nece ssary for the str eet improvements, or w here no such dedication is necessary. Page S of 14 90 CC 02-04-2025 90 of 985 7 . STREET TREE INSTALLATION Subdivider sha ll provide funds in t he amount specified in Pa rt F of Exhibit A, t o t he City for purchase and pla nting of street trees as deemed appropriate by the City Engineer; or sha ll, at the discretio n and at such t ime as deemed ap p ropriate by the City Engi nee r, plant street trees in conformance with the standards of the City of Cupertino. The variety, number and location of trees are subject to City's prior approval. 8. MAINTENANCE AND WARRANTY a. Warranty Period. Subdivider guarantees and warrants the Improvements and agrees to remedy any defects, damages, or im perfections in the Im provements arising from faulty or defective materials or const ruction of the Improvements for a period of one (1) year after City's acceptance of the Improvements. Subdivide r's obligation under this section sha ll include the repair, replacement, or reconstruction of all irrigation systems and all trees, shrubs, ground co ver and landscaping for the required one-year period . b. Warranty repairs and replacements. If, within the warranty period, the Improvements or any part of the -Improvements fail to fulfill any of the requirements of t his Agreement or t he Improvement Pl ans, Subdivider shall repa ir, replace or reconstruct any defective o r otherwise unsatisfactory parts of the Im provements without delay and at no cost to City. If (a) Subd ivid e r fails to commence repairs within thirty (30) days of the date of mailed written notice from City, or (b) City determ ines that public safety requ ires repair before Subdivider can be notified, City may, at its sole option, perform the required repair itself. Subdivider agrees to pay t he co st of any repairs City performs pursuant t o this ag reement an d City may, at its so le option, recover that cost through the security provide under this Agreement and, as to any deficiency after the application of the security, as a lien against Subdivider's property w ithin the Subd ivision. 9. SANITARY DISTRICT Subdivider shall file w ith the City, upon .executio n of this Agreem ent, a letter from t he Cupertino Sanita ry Dist rict st ating that the Subdivider has submitted plans for review by the District and that sanitary sewers are available to serve all lots within the Project. 10. GOVERNMENT COSTS Subd ivid er sha ll fi le with the Ci ty, upo n execution of this Agreement, substantial evidence that all provisions of Se ction 66493, Article 8, Chapter 4 of the Government Code, pertai ning to special ass es smen ts or bonds, have be en complied w ith. 11. UTILITIES Subdivider shall pay t o Pacific Ga s a nd Electric Company, AT&T, an d/or appropriate utility companies, all fees requ ired for installatio n of overhead and/or underground wiring circuits to all e lectroliers within said p roperty and all fees required for u ndergrounding as provid ed in Ordinance No. 3 31 o r subsequently ad opted o rdinances of City o r regulations of the appropriate utilities when the Subdivider is notified by e ither the City En gineer, Pacific Gas and Electric Compa ny, AT&T, or ap propriate utility co m panies that said fee s are due and payable. Page 6 of 14 91 CC 02-04-2025 91 of 985 12. HOLD HARMLESS AND IND EMN IFICATION a. To the fullest extent allowed by law, Subdivider shall indemnify and hold harmless City, its City Council, boards and commissions, officers, officials, agents, employees, servants, consultants and volunteers (hereinafter, "lndemnitees") from and against any liability, loss, damage, expense, and cost (including reasonable legal fees and costs ·of litigation or arbitration), resulting from injury to or death of any person, damage to property, or liability for other claims, stop notices, demands, causes of actions and actions, arising out of or in any way re lated to Su bdivider's performance or nonperformance of h is/her duties under this Agreement, or from negligent acts or omissions or willful misconduct of Subdivider, its agents, employees, contractors, or subcontractor s. Subdivider shall, at his/her own cost and expense, defend any and all claims, actions, suits or legal proceedings that may be brought against the City or any of the lndemnitees (with council acceptable to City) in connection with this Agreement or arisi ng out of Subdivider's performance or nonperformance of his/her duties and obligations hereunder, including all claims, demands, causes of action, liability or loss because of or arising out of, in whole or in part, the design and construction of the improvem ents. Th is indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of the Subdivision, and the public improvements described in this Agreement, and in addition, to adjacent property owners as a consequence of the diversion of waters from t he design or constru ction of p ublic drainage systems, streets and other public improvements, except to the extent any of the foregoing is ca used by the negligence or willful misconduct o f the City or the City's agents, employees and independent contractors. b. Acceptance by City of the Improvements shall not constitute an assumpt ion by City of any responsibility for any damage covered by this section. City shall not be responsible for the design or construction of the Subdivision or,the ~improvements purs uant to the approved Improvement Plans or map, regardless of any negligent actioi;, or inaction taken by the City in approving the plans or map, unless the particular improvement design was specifically requ ired by City over written objection by Subd ivider, indicating that the particu lar improvement design was dangerous or defective and suggested an alternative safe and feasib le des ign, subm itted to the City Engineer before approval of the particular improvement des ign. c. After City's acceptance of the Improvements, Subdivider shall rem ai n ob ligated to correct or eliminate any defect in design or dangerous condition created by defects in design or const ru ction, provided however, that Subdivider shall not be responsible for routine ma intenance. Provisions of this section shall remain in fu ll force and effect for ten (10) years following City's acceptance of the Improvements. Subdivider acknowledges and agrees that Sub divider shall be responsible and liable for the design and con st ru ction of the Improvements and other work done pursuant t o this Agreement and that City shall not be liable for any acts or om issions in app rovin g, reviewing, checking, correcting, or modifying any Im provement Plans or related specifications or in approving, rev iewing or inspecting any work or construction . The improvement security shall not be required to co ver the provisions of this parag raph beyond the guarantee and warr anty period specified in this agreement. 13. INSURANCE Page 7 of 14 92 CC 02-04-2025 92 of 985 Prior to commencing any of the Work, Subdivider shall procure and maintain for the duration of the Work, plus an additional year from the date of acceptance for the Commercial General Liabil ity coverage specified below, insurance against cla ims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Subdivider, its contractor, agents, representatives, employees or subcontractors. Coverage shall be at least as broad as : 1. Commercial General liability {CGL): Insu ran ce Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" ba sis, written on a comprehensive general liability form, and must include coverage for liabil ity arising from Subdivider's Contr actors acts or omissions, including Contractor's protected coverage, blanket cont ractual, products and completed operations, vehicle coverage and employer's non-ownership liability coverage, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all liability for personal injury, death, property damage or destruction, and personal and advertising i njury. If a general aggregate limit appl ies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) o r the general aggregate limit shall be twice the requ i red occurrence limit. a. Any available insurance proce eds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (1) the minimum coverage/limits specified in this agreement; or (2) the broad er coverage and maximum limits of coverage of any insurance policy, whichever is greater. b . Additional Insured coverage und er Subdivi der's policy shall be "primary and non- contr ibutory" and shall be at least as broad as ISO CG 20 0104 13. c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insu rance, provided each policy complies with the requirements set forth i n this Contract. Any umbrella or excess insurance shall contain o r be endorsed to contain a provision that such coverage shall al so apply on. a primary and non-contributory basis for the b enefit of City before the City's own insurance or-self-i nsuran ce shall be call ed upon to protect City as a named insured. 2. Automobile Liability covering owned, hired, and non-owned autos, with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: As required by the State of California, with Statutory Limi t s, and Employer's Liability Insurance of no less than $1,000,000 per accident for bodily injury or disease. If Subdivide r ma intai ns broader coverage and/or higher insu rance limits, City will be entitled to Subdivider's broader coverage and/or highe r limit s. The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL policy. Endorsement of CGL coverage shall be at least as broad as ISO Fo r m CG 20 10 1185 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used. Page 8 of 14 93 CC 02-04-2025 93 of 985 For any claims related to this Agreement or the Work, Subdivider's insurance shall be "primary and non-contributory'' and at least as broad as ISO CG 20 01 04 13 with respect to City, its officers, officials, employees and volunteers, and shall not seek contribution from City's insur ance. If the limits of insurance are satisfied in part by Umbrella/Excess Insurance, the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a "primary and non-contributory" basis for the benefit of City. Each insurance policy must provide that coverage will not be canceled, except with 30 days' notice to City. Each certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced, cancelled or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. Each required policy must include an endorsement providing that the carrier agrees to waive any r ight of subrogation it may have against City. Further, Subdivider agrees to waive any rights of subrogation which any of Subdivider 's insurers may acquire from Subd ivider by virtue of payment of any loss. Subdivider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by Subdivider or Subdivide r's Contractor, its employees, agents and subcontractors. losurance must be issued by insurers licensed in the State of California and with an A.M. Best's financial strength rating of "A VII" or better. 14. ASSIGNMENT Subdivider shall not ass ign this agreement without the prior written consent of the City. Any attempted or purported assignment in violation of this paragraph shall be null and void and have no force or effect. The sa le or other disposition of the Project shall not re lieve Subdivider of its obligations under this agreement. If Subdivider intends to sell the Project or any portion of the Project to any other person or entity, Subdivider may request a novation of this Agreement and substitution of improvement security. 15. COVENANT RUNNING WITH THE LAND This Agreement shall inure to the benefit of, and be binding upon the heirs, admin istrators, successors, assigns and transferees of the Parties, and shall be recorded in the Office of the County Recorder and constitute a covenant running w ith the land, to which recording the Parties each hereby consent. Upon any sale or division of the Property, the terms, covenants, conditions and restrictions of this agreement shall app ly to each parcel, and the owner or owners of each parce l shall succeed to the obligations imposed upon Subdivider by this Agre ement . 16. DEFAULT, BREACH, AND REMEDIES TO CITY Page 9 of 14 94 CC 02-04-2025 94 of 985 a. Default. Default of Subdivider shall include, but not be limited to: (1) Subdivider's failure to timely commence construction of Public Improvements under this Agreement; (2) Subd ivider's failure to timely comp lete construction of th e Improvements; (3) Subd ivider's failure to timely cure any defect in the Improvements; (4) Subdivider's failu re to perform substantial con struction work for a period of 20 consecutive calen dar days after commencement of the work; (5) Subdivider's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 30 days; (6) The commencement of a foreclosure action against the Subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; (7) Subdivider's failure to maintain any insurance policy required under this Agreement; or (8) Subdivider's failure to perform any other obligation under this Agreement. b. The City reserves all remed ies available to it at law or in equ ity for brea ch of Subdivider's obligations under this Agreement. The City shall have the right, subject to this section, to draw upon or use the appropriate security to mitigate the City's damages in the event of default by Subdivider. The City's right to draw upon or use the sec urity is in addition to any other remedy available to the City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, the City's damages for Subdivider's default shall be measured by the cost of completing the required improvements. The City may use the sums provided by the security for co mpletion of the Improvements in accordance with the Improvement Plans. c. In the event that the Subdivider fails to cure any default under this Agreement within twenty (20) days after the City mails written notice of such default to Subdivider and Subdivider's surety, Subdivider authorizes the City to perform the obligations for wh ic h Subdivider is in default and agrees to pay the entire cost of such performance by the City. d. The City may take over the Work and complete the Improvements by contract or by any other method the City deems appropriate, at the expense of Subd ivider, and Subdivider's surety shall be lia ble to the City for any excess cost or damages to t he City resulting therefro m . In su ch event, the City, without lia bility for so doing, .may take possession of and use any of Subdivider's materials, appliances, plant an d other property that are at the work site and are necessary to complete the Improvements. e. Subdivider hereby grants the City an easement over all lands Subdivider owns within the Subdivision, for the purposes of all access, egress, and occupation required to complete the Work in the event that the City exercises its right under this Agreement to do so. Such easement shall terminate without any further action of wither Party upon the completion of all of Subdivider's obligations und er this Agreement, including for avoidance of doubt, obligations under Section 12.c. f . Subdivider's failure to comply with the terms of this Agreement constitutes Subdivider's consent -for the City to file a notice of violation against all lots in the Subdivisi on or to rescind or otherwise revert the Subdivision to ac reage. Subdivider specifically recognizes that the determination of whether a reversion to acr eage or reci ssion of the Subdivision approval constitutes an adequate rem edy for Subdivider's default shall be within the City's sole and absolute discretion. The remedy provided by this Subsect ion is in addition to all other remedies availab le to the City, and Subdivider ag rees that the choice of remedy or remedies for Subdivide r's breach shall be within the City's sole and absolute discretion. Page lO of 14 95 CC 02-04-2025 95 of 985 g. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of those obligations, including but not limited to fees and charges of architects, engineers, attorneys and other professionals, and costs of suit and rea sonable attorneys' fees. h. City's failure to take enforcement action with r espect to a defa ult, or to declare a breach, shall not be construed as a waiver of that default or breach or any subse qu ent default or breach by Subdivider. 17. SUBDIVIDER NOT AGENT OF CITY Neither Subdivider nor any of Subdivider's agents or contractors are o r shall be considered to be agents of City in connection with the performance of Subd ivider's obligations under this Agreement. 18. SUBDIVIDER TO WARN PUBLIC Until fina l acceptance of the improvements, Subdivider shall give good and adequate warning to the public of any dangerous condit ion of the Improvements, and shall take reasonable actions to protect the public from such dangerous condition. 19. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served .when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, address ed as hereinafter provided. All notices, demands, requests, or approvals from Subdivider to City shall be addressed to City at: City of Cupertino 10300 Torre Ave . Cupertino, CA 95014 Attention: Public Works Director/City Engineer All notices, demands, requests, or approvals from City to Subdivider shall be addressed to Subdivider at: AlphaMcClellan LLC 97 Boston Avenue San Jose, CA 95128 Attention: Chun Yi 20. NO VESTING OF RIGHTS Performance by Subdivider of this Agreement sha ll not be construed to vest Subdivider's rights with respect to any change in any zoning or building law or ordinance. 21. TIME IS OF THE ESSENCE Time Is of the essence in the performance of this agreement by subdivider. Page 1 1 of 14 96 CC 02-04-2025 96 of 985 22. NONDISCRIMINATION Subdivider, its agents, employees, contractors and subcontractors shall not discriminate in any way against any person on t he basis of age, sex, race, co lor, religion, sexual or ientation, actual or perceived gender identity, disability, ethnicity, or national o rigin in connection w ith or rel ated to the pe rformance of this Agreement. 23. GOVERNING LAW AND ATTORNEY FEES This Agreement shall be interpreted under, and enforced by the la ws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisd iction. The Agreement and obligations of the parties are su bject to all va lid laws, orders, rules, and regu lations of the aut horities having jurisd iction ove r this Agreement (or the successors of t ho se authorities). An y suits brought pursuant to this Agreement sha ll be filed with the co urts of the County of Santa Clara, State of Cal ifornia. If City sues to compel Subdlvider's perform ance of t his Agreement, o r to recove r damages or costs incurred in completing or maintaining the work on the Improvements, Subd ivider agrees to pay all attorneys' fe es and other costs and expenses of litigating incurred by the City, even if Subdivider subsequently re sumes and completes the work. 24. RELATIONSHIP OF PARTIES Neither Subd iv ider nor any of its contractors, em ployees or agents shall be deemed to be agents of the City i n connectio n with the Performance of Subdivider's obl iga tions under this agreement. 25. SEVERABILITY The provisi o ns of this Agreement are seve rable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of t he agreement sh all rem ai n in full force and effect. 26. INTEGRATED AGREEMENT This Agreement represents t he full and complete understanding of every kin d or nature whatsoever between the parties hereto, and all preliminary n egotiations and agreements of whatsoever kind or nature are merged herein . No verbal agr eement or implied covenant shall be held to vary the provisions here of. Any modification of t his Agre ement will be effective only by written execution signed by both City and Subd iv ider. All un che cked boxes do not apply t o t his Agreement. IN WI TNESS WHEREOF, the Pa rties have caused this agreement to be executed by thei r respective, duly autho r ized officers on the date listed above. Page 12 of 14 97 CC 02-04-2025 97 of 985 Approved as to form : Christopher D. Jensen City Attorney Attach Notary acknowledgement for Subdivider's si gnatures: Attachment: Exhibit "A"-Schedule of Bonds, Fees, Deposits Page 13 of 14 CITY OF CUPERTINO: Chad Mosley Director of Public Works & City Eng i neer SUBDIVIDER: AlphaMcClellan LLC, a California limited liabil i ty company By: Al phaX RE Capi t al Inc., a Ca lifornia co,pora~ Chun Yi Manager & Authorized Signat ory 98 CC 02-04-2025 98 of 985 CALIFORNIA ALL-PU RPOSE CERTIFICATE O F ACKNOWLE DG MENT A n otary public or other officer completing this cer tifica te ver ifies o nl y the identity of the individual who sign ed the document to I wh.ich this c.:rtifkate is auached , and not the truthfulness, accuracy, or ~-alidity o f that documenL __ _ ____ _J State of Ca li fornia County of On .TAr 2-~1 '2.o'"2,'-t before me, -'P...__t:A __ S_~_o_cJ<Jjt;, __ --_;f _________ , Notary Public, ( Her.: inscn name and title of the officer) pers onally appeared _i!.-=H-u=-=----'-,.J _____ 'l'--1 ____________________ _ who proved to me on the basis of s atisfactory evidence to be the person()() whose name~ is/are subscribed to the wi th in instrument and acknowledged to me that ~/she/th~ executed the same in b?s/ber/tl'UMf autho r ized capacity(~, and tha t by ~er/t~ signature(~ on the instrument the personV'1, or the entity upon behalf o f which the person(!) acted, executed the in strument. I certify under PENAL TY OF PERJ URY unde r the laws of the State o f Californi a that the fo regoi n g paragraph is true and correct. WITNES S my band and offi cial seal. "~'""~b.~~ (Notary Seal) ra-::•mm' AD A SHOCK LEY "' l -~ COM M. #2399975 I ~ ;_fl> , Notary Public -California ~ , • Santa Clara County i • My Comm. Expire s Ma y 2 , 2026 I ADD ITI ONAL O PTI ONAL INFORMATION DESCRI PTION O f TH E ATTACHED DOCUMENT !Title or Jescription of anacheJ document) -------------------(Title or descripti on of attached document continued) N umber of Pages __ Document Date ____ _ (Additmnal infonn:ition) CAPACITY CLAIMED BY THE SIGNER 0 Ind ividual (s) 0 Corporate Officer (T ille) D Partner(s) O Attorney-in-Fac t 0 Truslee(s) 0 Other ____________ _ INSTRUCTIONS FOR COMPLETING THIS FORi\1 Any ac-loun,·l1ulgme11t cnmpleted in Califorma m,m cn111ai11 ,·erhioge e.xactl)' as appears abcwe In the notary s ,•ction or a separate ai;lmo"·fodgme/11 form rn11st be proper(r comple ted and al/ached to that doc11me,1t. n,., only exception is if a documer1t is to be recorded all/side uf Cal((omia. 111 such instances. any altttmative a,·krtu wfcdgnwnr ,·erbiage u.s may IJt: pri11tecl u11 suc:h a d<X·tm1e,11 su long u,· rlw verhiage cine., not rpq11/re 1h r, 11nw,y '" do snmethi11g rltar i, illegal Jnr a notary /11 California (i.e cenifying th« a,,thnrr:.ed capacity of the signer). Please check the doc..imenr carefullv Jot· proper no/aria/ wording and a/loch rhi,< form if required. • State and County info!Til:'.ltion must be the State and County where the document signer(s) personal ly appe:m:d before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally apr,can.-d which must al,;o be the same date the acknowledgment is completed. • The notary public m,m print his or her na me as it appears with in his or her commission fo llowed by 3 COl!llll:'.I aod then your titk (no13ry public). • Print the n:une(s) of document signer(;) who personally appear at the time of notarization. • Indicate the correct singul:u or plural form~ by crnss1og oft' 1ncom:c1 fonns (i.e . ~/she.~ is /Me ) or circling the correct fom'IS . Failure 10 correctly indicate this information may lead to rejection of document recording. • The no:ary seal impression must be clear and photographically reproducible. lmrression must not cover text or Jinc:s. If seal imp ression s mudges, re-seal if a sufiicicnt area pcnuits, otherwise complete a different acknowledgmem form. • S,gnarurc of the notary pubhc must match the signarure on file "~th the office of the coun ty clerk. ❖ Additional information is not required but could help to e nsure this acknowledgment 1s not misused or onochcd to a d irTercnl documenL ❖ Ind icate title o r type of anuchcd documenl, number of pages unJ date. ❖ Indicate the capaciry c laimed by the ~;goer. If the claimed c;,pacity is a corporate officer, indicate the title (i.e. CEO, CFO, Sccrel3ry). • Securely :much this documem to the sign~d document 99 CC 02-04-2025 99 of 985 Street Improvement Category: PART A . PART B. PART C. PART D. PART E. PART F. PART G. PART H. PART I. PART J. PART K. PART L. Exhibit A SCHEDULE OF BONDS, FEES, AND DEPOSITS Fa ithful Performance Bond: $148,800.00 Labor and Material Bo nd: $148,800.00 Checking and Inspection Fee: $7,440.00 Transportati on Impa ct Fee: $33,985.00 Stor m Drainage Fee : $7,375.00 Street Tree Fee : $1,443 .00 M ap Checking Fee: $12,306.00 Park Fee : $525,000 .00 Encroachment Permit Fee $3,304.00 Stormwater Management Plan Fee $1,670.00 Grading Permit Fee $14,938 .00 Grad i ng Bond $250,000.00 Page 14ofl4 100 CC 02-04-2025 100 of 985 CITY OF CUPERTINO Agenda Item 25-13670 Agenda Date: 2/4/2025 Agenda #: 8. Subject:Future agenda items requested by City Councilmembers (“TBD List”) (Continued from the January 22, 2025 City Council meeting) 1. Review the TBD list and adopt the staff recommendations for items 5-11 2. Provide direction for items 1-4 and 12-15. CITY OF CUPERTINO Printed on 1/28/2025Page 1 of 1 powered by Legistar™101 CC 02-04-2025 101 of 985 1 CITY COUNCIL STAFF REPORT Meeting: January 22, 2025 Subject Future agenda items requested by City Councilmembers (“TBD List”). Recommended Action 1. Review the TBD list and adopt the staff recommendations for items 5-11 2. Provide direction for items 1-4 and 12-16. Reasons for Recommendation As required per the Council’s adopted Procedures Manual, the City Manager provides a quarterly report to Council regarding the status of future agenda items. These are items that at least two Councilmembers have requested to be added to a future City Council agenda. Background On September 17, 2024, staff presented a list of 14 TBD items for Council consideration. Council voted on the next steps for each of the 14 items (described in Attachment A) and added one item to the future list. Since September 17, Council has added nine additional items to the TBD List for consideration. This list is included as Attachment B with staff recommendations for items 5-11. Staff is seeking Council direction for items 1-4 and 12- 16. A majority vote of the City Council can either agendize an item for discussion at a future date or remove an item from the list, as outlined in the Council Procedures Manual. Sustainability Impact No sustainability impact. Fiscal Impact No fiscal impact. California Environmental Quality Act Not applicable. 102 CC 02-04-2025 102 of 985 2 City Work Program Item/Description No/N/A Council Goal N/A _____________________________________ Prepared by: Astrid Robles, Senior Management Analyst Reviewed by: Tina Kapoor, Interim Assistant City Manager Christopher D. Jensen, City Attorney Approved for Submission by: Pamela Wu, City Manager Attachments: A – TBD List from September 2024 with Adopted Motion B – TBD List as of January 2025 103 CC 02-04-2025 103 of 985 Attachment A – To Be Determined (TBD) List from September 2024 with Adopted Motion # Requested Item Requestor/ Seconder Date Requested Recommendation Motion 1 Review the City’s financial policy and best practices Requestor: Moore Seconder: Chao Retained from June per Council direction At 3/19/24 and 5/14/24 Council meetings Recommend removing this item. Staff provided an informational memorandum on August 29, which referenced a supplemental memo (Attachment B) from Chandler Asset Management where consultant recommended no changes to the City’s investment policy are recommended at this time. A review of the City’s Financial policies and best practices will be presented to the Council in Fall as part of Moss Adams Audit Validation Process. Council consolidated this item with #13 and will be considered for the City Work Program 2 Study session on banning artificial turf given the environmental concerns Requestor: Moore Seconder: Chao Retained from June per Council direction At 3/19/24 Council meeting Recommend removing this item. Staff provided an informational memorandum to Council on artificial turf on August 29. Recent developments from the City of Sunnyvale and Santa Clara County found that more studies are needed before a decision can be made on this topic. Staff will continue to monitor and provide updates as necessary. Council approved to remove this item from the TBD List 1 104 CC 02-04-2025 104 of 985 Attachment A – To Be Determined (TBD) List from September 2024 with Adopted Motion # Requested Item Requestor/ Seconder Date Requested Recommendation Motion 3 A future agenda item to consider a community meeting requirement for any project requiring a general plan amendment, so when it comes to the Planning Commission or City Council, there is community input on the amendment. Requestor: Chao Seconder: Wei At 7/2/24 Council meeting Recommend removing this item. Staff recommends Council proposes this item as a future City Work Program item. Council approved to remove this item from the TBD list and will be considered for the City Work Program 4 Report to Council a cost comparison of leasing vs. buying office property in Cupertino for a lease length of time of 2 years (in the event that plans for remodel and retrofit are drawn up and executed, staff leases an unremodeled building for 2 years and returns) or 7 years (in the event that a purchased office building requires $5M in remodel costs which takes one year to complete, and City Hall relocates to it for 6 years, sells the building in a flat office market and returns). Both of these scenarios would assume City Hall is remodeled at $27M. Requestor: Moore Seconder: Chao 6/28/24 added by email A study session for this item is tentatively scheduled to come to Council in October 2024. Afterwards, this item will be removed from the TBD list. This item has not yet been agendized and is still on the TBD list. 2 105 CC 02-04-2025 105 of 985 Attachment A – To Be Determined (TBD) List from September 2024 with Adopted Motion # Requested Item Requestor/ Seconder Date Requested Recommendation Motion 5 Draft a policy regarding disclosure to the public of remodeling costs of buildings the Council is considering purchase of in open session. This policy would ensure that the public will not be surprised to find a negotiated arrangement to provide a Council-designated property negotiator more than the delegation of authority to negotiate the cost of the property (meaning Council shall not negotiate remodeling costs or process of determining remodeling amounts in closed session). Requestor: Moore Seconder: Chao 6/28/24 added by email A study session for this item is tentatively scheduled to come to Council in October 2024. Afterwards, this item will be removed from the TBD list. This item has not yet been agendized and is still on the TBD list. 6 Action Item/Study Session with information/proposal on the need for an interim city hall for 6-7 years, rather than one year during the renovation/construction of the current city hall and any update on the private-public partnership that led to such proposal. Requestor: Chao Seconder: Moore 7/1/24 added by email A study session for this item is tentatively scheduled to come to Council in October 2024. Afterwards, this item will be removed from the TBD list. This item has not yet been agendized and is still on the TBD list. 3 106 CC 02-04-2025 106 of 985 Attachment A – To Be Determined (TBD) List from September 2024 with Adopted Motion # Requested Item Requestor/ Seconder Date Requested Recommendation Motion 7 Discuss and give direction on the "wisdom of purchase" versus leasing of any property as an interim city hall, based on prior council motions for city hall renovation/rebuild, to include the duration of the use of the interim city hall, an estimate of leasing/purchasing prices and estimated remodeling/earthquake retrofit costs in general terms as permitted in an open session, before any offer is made on any property. The agenda item on June 18 Council meeting to authorize the city managers as a negotiator, only listed the property address, but not the "wisdom of the purchase". Requestor: Chao Seconder: Moore 7/9/24 added by email A study session for this item is tentatively scheduled to come to Council in October 2024. Afterwards, this item will be removed from the TBD list. This item has not yet been agendized and is still on the TBD list. 8 Consider updating the City policy on homeless encampments in light of the U.S. Supreme Court ruling: Grants Pass v. Johnson. Requestor: Wei Seconder: Moore At 7/16/24 Council meeting A study session for this item is tentatively scheduled to come to Council in October 2024. Afterwards, this item will be removed from the TBD list. This item was discussed in October 2024 4 107 CC 02-04-2025 107 of 985 Attachment A – To Be Determined (TBD) List from September 2024 with Adopted Motion # Requested Item Requestor/ Seconder Date Requested Recommendation Motion 9 Consider a policy to provide access to documents made available for closed sessions ahead of time with proper security measures. Accordingly, Councilmembers can read the materials before and after a closed session. Requestor: Chao Seconder: Moore At 7/16/24 Council meeting Recommend removing this item. No further action recommended. The City Attorney and/or City Manager have discretion to distribute confidential information in a manner deemed to be appropriate, given the sensitivity of the information and the nature of the agenda item. Council voted to keep this item on the TBD List. 10 Consider the City Clerk being appointed by and reporting to the City Council. Requestor: Moore Seconder: Chao At 7/16/24 Council meeting Recommend removing this item. Research shows that 85% of City Clerk’s in municipalities in San Mateo and Santa Clara Counties are appointed by the City Manager. Council approved to remove this item from the TBD list 11 Consider the Farmers Market on Sundays as a community amenity for Cupertino on either Torre Avenue or other locations in the City. Requestor: Chao Seconder: Moore At 7/16/24 Council meeting Recommend removing this item. Staff provided an informational memo on June 27 outlining the cost and other impacts this would have on the City. Council approved to remove this item from the TBD list 12 An agenda item at a Council Meeting with a presentation and ability to ask questions to the Historical Society about how they are utilizing the $40k funding and about what programs they are providing. Requestor: Chao Seconder: Moore At 9/4/24 Council meeting Recommend removing this item. Council has delegated this authority to the Parks and Recreation Commission. The Council approved contract states that the Cupertino Historical Society must: Council approved to remove this item from the TBD list 5 108 CC 02-04-2025 108 of 985 Attachment A – To Be Determined (TBD) List from September 2024 with Adopted Motion # Requested Item Requestor/ Seconder Date Requested Recommendation Motion 1. Submit annual grant funding report as stated in Section 7 - Grant Report. 2. Present an annual report of fundraising activities, current work plan achievements, and future work plan items and projects to the Parks and Recreation Commission. 13 An item to discuss the investment policy and quarterly treasurers report where we also invite the entire audit committee to attend. Requestor: Chao Seconder: Moore At 9/4/24 Council meeting Recommend removing this item. The investment policies are already regularly agendized for both Audit Committee and City Council in the fall for OPEB/Pension and in the spring for all other City investments. In addition, an Audit Committee member is required to be present for any Audit related items on the City Council agenda. This provides City Council the opportunity to ask questions of the audit committee representative as this meeting. Council consolidated this item with #1 and will be considered for the City Work Program 14 Consider increasing radius notifications from 300 feet to 500 feet and adding notifications to affected neighborhoods for general plan amendments and rezoning ordinances Requestor: Chao Seconder: Moore At 9/4/24 Council meeting Recommend removing this item. Recommend adding this as a future City Work Program item. This item has been considered and was removed by Council at the November 7, 2023, meeting with a 3-2 vote. At that meeting the staff recommendation was to remove this item due to budget constraints and staff limitations. Council approved to remove this item from the TBD list and will be considered for the City Work Program 6 109 CC 02-04-2025 109 of 985 Attachment A – To Be Determined (TBD) List from September 2024 with Adopted Motion # Requested Item Requestor/ Seconder Date Requested Recommendation Motion 15 Consider allowing limited use of sound amplification devices in parks, such as it does not reach 50 feet away (Maybe not allowed in nature preserve to not disturb wildlife) Requestor: Chao Seconder: Moore Added at 9/17 Council Meeting N/A Council approved adding this item to the next TBD List 7 110 CC 02-04-2025 110 of 985 Attachment B – January 2025 To Be Determined (TBD) List # Requested Item Requestor/ Seconder Date Requested Recommendation 1 Report to Council a cost comparison of leasing vs. buying office property in Cupertino for a lease length of time of 2 years (in the event that plans for remodel and retrofit are drawn up and executed, staff leases an unremodeled building for 2 years and returns) or 7 years (in the event that a purchased office building requires $5M in remodel costs which takes one year to complete, and City Hall relocates to it for 6 years, sells the building in a flat office market and returns). Both of these scenarios would assume City Hall is remodeled at $27M. Requestor: Moore Seconder: Chao 6/28/24 added by email This item was postponed in October. Council can either: 1. Agendize this discussion 2. Remove from TBD list 2 Draft a policy regarding disclosure to the public of remodeling costs of buildings the Council is considering purchase of in open session. This policy would ensure that the public will not be surprised to find a negotiated arrangement to provide a Council-designated property negotiator more than the delegation of authority to negotiate the cost of the property (meaning Council shall not negotiate remodeling costs or process of determining remodeling amounts in closed session). Requestor: Moore Seconder: Chao 6/28/24 added by email This item was postponed in October. Council can either: 1. Agendize this discussion 2. Remove from TBD list 3 Action Item/Study Session with information/proposal on the need for an interim city hall for 6-7 years, rather than one year during the renovation/construction of the current city hall and any update on the private-public partnership that led to such proposal. Requestor: Chao Seconder: Moore 7/1/24 added by email This item was postponed in October. Council can either: 1. Agendize this discussion 2. Remove from TBD list 4 Discuss and give direction on the "wisdom of purchase" versus leasing of any property as an interim city hall, based on prior council motions for city hall renovation/rebuild, to include the duration of the use of the interim city hall, an estimate of leasing/purchasing prices and estimated remodeling/earthquake retrofit costs in general terms as permitted in an open session before any offer is made on any property. The agenda item on June 18 Council meeting to authorize the city managers as a negotiator, only listed the property address, but not the "wisdom of the purchase". Requestor: Chao Seconder: Moore 7/9/24 added by email This item was postponed in October. Council can either: 1. Agendize this discussion 2. Remove from TBD list 111 CC 02-04-2025 111 of 985 Attachment B – January 2025 To Be Determined (TBD) List # Requested Item Requestor/ Seconder Date Requested Recommendation 5 Consider a policy to provide access to documents made available for closed sessions ahead of time with proper security measures. Accordingly, Councilmembers can read the materials before and after a closed session. Requestor: Chao Seconder: Moore At 7/16/24 Council meeting Staff recommends removing this item. Materials are confidential and should be based on the sensitivity of the information and the nature of the agenda item. 6 Consider regulations on sound amplification devices in parks Requestor: Moore Seconder: Chao At 9/17/24 Council meeting Staff recommends removing this item. Sound amplification is currently allowed in parks with a valid City permit as specified in CMC 13.04.120 Use of Park Property Section I. 7 Review the City Work Program Process Requestor: Chao Seconder: Moore At 12/3/24 Council meeting Staff recommends removing this item. This discussion was held at 12/17/24 City Council meeting. 8 Review the Cupertino City Council Procedures Manual Requestor: Chao Seconder: Moore At 12/3/24 Council meeting Council can either: 1. Agendize this discussion 2. Remove from TBD list 9 Review the current list of future agenda items requested by Councilmembers (“TBD List”) Requestor: Chao Seconder: Moore At 12/3/24 Council meeting Staff recommends removing this item. This item is agendized for the 1/22/25 City Council meeting. 10 Consider changing regular City Council meetings to Wednesdays Unanimous At 12/17/24 Council meeting Staff recommends removing this item and keeping the current Council schedule adopted on 12/17/24. This 112 CC 02-04-2025 112 of 985 Attachment B – January 2025 To Be Determined (TBD) List # Requested Item Requestor/ Seconder Date Requested Recommendation will reduce complications and scheduling conflicts with a variety of other organizations and City Commissions. 11 Review the architectural standards for 5G towers Requestor: Wang Seconder: Chao At 12/17/24 Council Meeting Staff recommends removing this item. The 5G ordinance is being considered as part of the FY 25-27 City Work Program discussion. 12 Reactivate the Legislative Review Committee Requestor: Chao At 12/17/24 Council meeting Council can either: 1. Agendize this discussion 2. Remove from TBD list 3. Consider this as part of the FY 25-27 City Work Program discussion. 13 Reactivate the Economic Development Committee Requestor: Chao At 12/17/24 Council Meeting Council can either: 1. Agendize this discussion 2. Remove from TBD list 3. Consider this as part of the FY 25-27 City Work Program discussion. 14 Restore the previous responsibilities of the Audit Committee Requestor: Chao At 12/17/24 Council Meeting Council can either: 1. Agendize this discussion 2. Remove from TBD list 3. Consider this as part of the FY 25-27 City Work Program discussion. 113 CC 02-04-2025 113 of 985 Attachment B – January 2025 To Be Determined (TBD) List # Requested Item Requestor/ Seconder Date Requested Recommendation 15 For transportation projects and added lane reductions to fall under the jurisdiction of the Planning Commission Requestor: Wang Seconder: Chao At 12/17/24 Council Meeting Council can either: 1. Agendize this discussion 2. Remove from TBD list 3. Consider this as part of the FY 25-27 City Work Program discussion. 16 Guidelines and Procedures regarding Proclamations and Certificates Chao 1/15/25 added by email Council can either: 1. Agendize this discussion 2. Remove from TBD list 114 CC 02-04-2025 114 of 985 CITY OF CUPERTINO Agenda Item 25-13674 Agenda Date: 2/4/2025 Agenda #: 9. Subject: Award a construction contract to Golden Bay Construction in the amount of $1,569,798, approve a first amendment to the design services contract with Pakpour Consulting Group to increase the contract by $96,620 for a total not-to-exceed contract amount of $310,483 and approve a budget modification in the amount of $1,500,000 for the Stevens Creek Boulevard Class IV Bike Lane Project 1. Award a construction contract for the Stevens Creek Boulevard Class IV Bike Lane Phase 2A Project (budget unit 420-99-036, project number 2022-15) in the amount of $1,569,798 to Golden Bay Construction, Inc.; 2. Authorize the City Manager to execute the construction contract with Golden Bay Construction, Inc. when all conditions have been met; 3. Authorize the Director of Public Works to execute any necessary construction change orders up to a construction contingency amount of $156,980 (10%) for a total contract amount of $1,726,778; 4. Authorize the City Manager to amend the Design Services Contract with Pakpour Consulting Group to increase the amount by $96,620 for a total not-to-exceed contract amount of $310,483 for the 2022-11 Stevens Creek Boulevard Class IV Bike Lane Phase 2B Design Project; and 5. Adopt Resolution No. 25-004 approving budget modification #2425-377, approving an increase of grant revenue estimates of $1,500,000 and a transfer out of $693,000. This includes an increase of $807,000 in Federal grant funds and a transfer of $693,000 in SB1 Grant Funds from the Transportation Fund (270-85-821) into the Capital Improvement Program Capital Project Fund (420- 99-036) CITY OF CUPERTINO Printed on 1/28/2025Page 1 of 1 powered by Legistar™115 CC 02-04-2025 115 of 985 1 CITY COUNCIL STAFF REPORT Meeting: February 4, 2025 Subject Award a construction contract to Golden Bay Construction in the amount of $1,569,798, approve a first amendment to the design services contract with Pakpour Consulting Group to increase the contract by $96,620 for a total not-to-exceed contract amount of $310,483 and approve a budget modification in the amount of $1,500,000 for the Stevens Creek Boulevard Class IV Bike Lane Project. Recommended Action 1.Award a construction contract for the Stevens Creek Boulevard Class IV Bike Lane Phase 2A Project (budget unit 420-99-036, project number 2022-15) in the amount of $1,569,798 to Golden Bay Construction, Inc.; 2. Authorize the City Manager to execute the construction contract with Golden Bay Construction, Inc. when all conditions have been met; 3. Authorize the Director of Public Works to execute any necessary construction change orders up to a construction contingency amount of $156,980 (10%) for a total contract amount of $1,726,778; 4. Authorize the City Manager to amend the Design Services Contract with Pakpour Consulting Group to increase the amount by $96,620 for a total not-to- exceed contract amount of $310,483 for the 2022-11 Stevens Creek Boulevard Class IV Bike Lane Phase 2B Design Project; and 5.Adopt Resolution No. 25-XXX approving budget modification #2425-377, approving an increase of grant revenue estimates of $1,500,000 and a transfer out of $693,000. This includes an increase of $807,000 in Federal grant funds and a transfer of $693,000 in SB1 Grant Funds from the Transportation Fund (270-85- 821)into the Capital Improvement Program Capital Project Fund (420-99-036). Reasons for Recommendation Background The 2016 Cupertino Bicycle Transportation Plan identified Stevens Creek Boulevard Class IV Bike Lane Project (Project) as the highest priority project. This Project includes upgrading the existing Class II buffered bike lane to a physically separated Class IV bike lane along Stevens Creek Boulevard from Tantau Avenue to Foothill Boulevard and related traffic signal upgrades. 116 CC 02-04-2025 116 of 985 2 No vehicle lanes are being removed or repurposed as a part of this project. In July 2016, staff submitted a One Bay Area Grant (OBAG) Cycle 2 application to the Metropolitan Transportation Commission (MTC) for grant funding in the amount of $807,000; however, due to limited funds and the competitive nature of the grant the Project was not awarded the grant at that time. To facilitate implementation, the Project was broken into three phases. Phase 1 included Tantau Avenue to North Wolfe Road, Phase 2 includes North Wolfe Road to Mary Avenue, and Phase 3 includes Mary Avenue to Foothill Boulevard. Phase 1 was adopted into the Fiscal Year (FY) 2018-2019 Capital Improvement Program (CIP) and was designed, constructed, and completed on February 12, 2021. Phase 2 was adopted into the FY 2020-2021 CIP with an approved budget of $350,000 for design. On May 18, 2021, the City Council accepted the recommendation to award a design service contract to Pakpour Consulting Group in the amount of $213,863 for the design of Phase 2. To facilitate construction, Phase 2 was split into two segments. Segment one (Phase 2A) is from Wolfe Road to De Anza Boulevard, and segment 2 (Phase 2B) from De Anza Boulevard to Mary Avenue. In 2021, the FY 2021-2022 CIP was adopted with an approved budget of $2,000,000 for the Phase 2A Construction. In 2022, MTC informed staff that due to other agencies being unable to commit to obligating the OBAG funds for their projects, funding was now available for the City of Cupertino in support of this Project. On April 19, 2022, the City Council accepted the recommendation to adopt a resolution of local support, which is required to complete the application process and for the City to receive the $807,000 of OBAG funding (with a required local match of $93,000.) As Phase 2A progressed into final design, with an engineer’s construction estimate of approximately $1,500,000, and with budget concerns regarding the California Department of Tax and Fee Administration audit, staff sought to acquire additional external funding to supplement the cost of this Project. On May 21, 2024, the City Council accepted the recommendation to adopt a resolution establishing a list of projects proposed to be funded by Senate Bill (SB) 1 funds. The Phase 2 project is budgeted to receive $693,000 of SB 1 funds, with a required local match of $32,000. Phase 2B design will include traffic signal upgrades at Bandley Drive and Stevens Creek Boulevard. The FY 2018-2019 CIP was adopted with an approved budget of $150,000 toward design and construction of these improvements in order to enhance pedestrian and vehicle safety at this intersection. Approximately $24,000 of this $150,000 budget has 117 CC 02-04-2025 117 of 985 3 been received from developers in-lieu fees, with the remaining $126,000 anticipated from approved developments that have not yet submitted applications or paid fees. Initiation of Phase 3 will be proposed in a future FY CIP. Construction Contract Staff completed the final design of Phase 2A and advertised the Project for public bid on November 5, 2024. The bid documents issued by the City are available at https://apps.cupertino.org/details/745. The engineer’s estimate for this project was $1,500,000. On December 5, 2024, the following bids were received: Bidder Total Base Bid Amount Golden Bay Construction, Inc. $1,569,798.00 Sposeto Engineering, Inc. $1,642,469.00 Granite Rock Company $1,654,934.00 Joseph J. Albanese, Inc. $1,693,385.00 Ray’s Electric $1,744,107.00 The Public Works Department reviewed Golden Bay Construction, Inc.’s bid proposal and determined their bid to be the lowest responsive and responsible bid per the Instruction to Bidders and Cupertino Municipal Code. Therefore, staff recommends awarding the construction contract to Golden Bay Construction, Inc., for the contract amount of $1,569,798 and include a 10% construction contingency in the amount of $156,980, for a total contract amount not to exceed $1,726,778. Construction contingency covers other costs that could be incurred due to unforeseen circumstances and is a typical contracting best practice. Design Services Contract As mentioned earlier, the City Council awarded a design services agreement to Pakpour Consulting Group in the amount of $213,863 to design Phase 2, which includes Phase 2A and Phase 2B. During design of Phase 2A, additional work involving potholing for underground utilities was required for the traffic signal upgrades. To meet our timeline for grant funding, staff reallocated Phase 2B funds towards Phase 2A to perform this additional work. This additional work will help to streamline the construction schedule and reduce the potential for change orders due to unforeseen underground utilities. Staff recommend amending the design services contract with Pakpour Consulting Group to increase the contract amount by $96,620 for a total not-to-exceed amount of $310,483 to complete the design of Phase 2B. Next Steps 118 CC 02-04-2025 118 of 985 4 If approved, construction is anticipated to begin in March 2025, with completion estimated in September 2025. If this item is not approved, the City will lose the competitive OBAG funds of $807,000. The SB 1 funds, in the amount of $693,000, can be reallocated to other eligible paving and safety related City projects. Sustainability Impact This project will enhance safety for bicycle transportation by installing concrete barriers within the existing striped buffer to create a physical separation between the existing Class II bike lane and vehicular traffic. This project promotes bicycling as a form of active transportation to help meet the City’s greenhouse gas emissions reduction goals. Fiscal Impact The Stevens Creek Boulevard Class IV Bikeway Phase 2A project budget (420-99-036) has a total City-funded approved project budget of $2,500,090. The total expenditures after completion of Phase 2A construction of the project are projected to be $2,222,261, with remaining funds of $277,829. The project costs will be offset in part by external funding reimbursements of $1,500,000 from the OBAG and SB 1 funding. A transfer of SB1 funds is recommended from fund 270 to fund 420. Historically, the City has budgeted all SB1 dollars in fund 270. Subsequent to budget adoption, this project was approved for SB1 funding, necessitating the requested transfer of funds. Additionally, OBAG grant revenues which were not previously budgeted, are now being requested for allocation to this project. Fiscal Summary Table Current Funding Status (Budget) Amount City Approved Funds FY 21 – Design Phase $350,000 City Approved Funds FY 19 – Bandley Intersection (Phase 2B) $124,432 External Funds FY 19 – Bandley Intersection (Developer In-Lieu fees) (Phase 2B) $25,658 City Approved Funds FY 22 – Construction (Phase 2A) $2,000,000 Design and Construction Phase 2 – Subtotals: (budget unit 420-99-036) $2,500,090 // // // 119 CC 02-04-2025 119 of 985 Projected Funding Impact (Expenses) Amount Design Phase Expenditures to date ($213,863) Design Phase (for Phase 2B Design completion) ($96,620) Construction Contract ($1,569,798 base contract and $156,980 contingency) – This Action ($1,726,778) Construction Management ($185,000) Subtotal: ($2,222,261) Summary Amount Current Project Budget (420-99-036) $2,500,090 Projected Funding Impact ($2,222,261) Remaining Funds: $277,829 Construction Phase 2A External Funding Amount Local Match Total Amount One Bay Area Grant (OBAG) $807,000 $93,000 $900,000 Senate Bill 1 (SB1) $693,000 $32,000 $725,000 Total $1,500,000 $125,000 $1,625,000 These grant funds will offset Phase 2A expenditures. The City anticipates receiving the full amount of grant funds upon completion of Phase 2A. Staff will complete Phase 2B design and will pursue proposals for construction of Phase 2B in 2026. Staff will return to City Council for necessary budget requests for Phase 2B after construction bids are received for that phase. City Work Program (CWP) Item: No CWP Item Description: N/A Council Goal: N/A California Environmental Quality Act (CEQA) This project is categorically exempt from CEQA under CEQA Guidelines Section 15301 (c), for minor alteration of existing bicycle lanes, signal poles, and existing facilities. Public Resources Code section 21080.25 (construction of bicycle facilities). _____________________________________ Prepared by: Jason Wong, Senior Civil Engineer Reviewed by: Chad Mosley, Director of Public Works Reviewed by: Tina Kapoor, Interim Assistant City Manager Approved for Submission by: Pamela Wu, City Manager Attachments: A – Draft Construction Contract B – Draft Resolution C - Contract Documents D - 01-22-2025 Supplemental Report E - 01-22-2025 Desk Item 5 120 CC 02-04-2025 120 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A CONTRACT CIP Project #2022-15, Federal No. CML-5318 (036) Contract This public works contract (“Contract”) is entered into by and between City of Cupertino (“City”) and Golden Bay Construction, Inc. (“Contractor”), for work on the Stevens Creek Boulevard Class IV Bike Lane Phase 2A Project, Federal-Aid Project No. CML-5318 (036), CIP Project No. 2022- 15 (“Project”). The parties agree as follows: 1.Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On February 4, 2025, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below. City has elected to include the following Project alternate(s) in the Contract: No alternates. 2.Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract. 2.1 Notice Inviting Bids; 2.2 Instructions to Bidders; 2.3 Addenda, if any; 2.4 Bid Proposal and attachments thereto; 2.5 Contract; 2.6 Payment and Performance Bonds; 2.7 General Conditions; 2.8 Special Conditions; 2.9 Project Plans and Specifications; 2.10 Change Orders, if any; 2.11 Notice of Potential Award; 2.12 Notice to Proceed; and 2.13 The following: 1) Exhibit A – Form FHWA 1273 2) Exhibit B – Minimum Federal Wage Rates Determination 3) Exhibit C – Bid Schedule 3.Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. 4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $1,569,978.00 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions. 5.Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 60 working days from the start date set forth in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion. Attachment A 121 CC 02-04-2025 121 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A CONTRACT CIP Project #2022-15, Federal No. CML-5318 (036) 6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $4,200 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract. 7. Labor Code Compliance. 7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions. 7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR. This Project is funded in whole or in part by federal funds and therefore subject to both State and Federal hourly minimum rates for wages and fringe benefits and when the two rates differ for similar kinds of labor, the Contractor shall not pay less than the higher rate. The Minimum Federal Wage Rates Determination is hereby physically attached, in conformance with federal 10-day rule as a part of this contract (Exhibit B). This wage rate determination applies to federal-aid contracts and all work performed exceeding $2000 by subcontracts and subsequent lower-tier subcontracts and required be physically included in each executed contract. 7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions. 8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 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 provisions before commencing the performance of the Work on this Contract.” 9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract. 10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City. 11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed 122 CC 02-04-2025 122 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A CONTRACT CIP Project #2022-15, Federal No. CML-5318 (036) effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows: City: Contractor: Jason Wong, Senior Civil Engineer Johnny Zanette, President 10300 Torre Avenue 3826 Depot Road Cupertino, CA 95014 Hayward, CA 94545 (408) 777-3215 (510) 783-2960 JasonW@cupertino.gov Johnny@gbayinc.com 12. General Provisions. 12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns. 12.2 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Contract. 12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Santa Clara County, California. 12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. 12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect. 12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. 12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code § 313. 13. Federal Requirement. The provisions of Form FHWA 1273 are hereby physically attached, unmodified, as a part of this contract (Exhibit A). This provision applies to federal-aid contracts and all work performed by subcontracts and subsequent lower-tier subcontracts and is required to be physically included in each executed contract. [Signatures are on the following page.] 123 CC 02-04-2025 123 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A CONTRACT CIP Project #2022-15, Federal No. CML-5318 (036) The parties agree to this Contract as witnessed by the signatures below: CITY: Approved as to form: s/_______________________________ s/__________________________________ ________________________________ ___________________________________ Name, Title Name, Title Date: ___________________________ Date: ______________________________ Attest: s/_______________________________ _________________________________ Name, Title Date: ___________________________ CONTRACTOR: ___________________________________________________ Business Name s/_______________________________ Seal: _________________________________ Name, Title Date: ____________________________ Second Signature (See Section 12.8): s/_______________________________ _________________________________ Name, Title Date: ____________________________ ___________________________________________________ Contractor’s California License Number(s) and Expiration Date(s) END OF CONTRACT 124 CC 02-04-2025 124 of 985 Attachment B RESOLUTION NO. __________ A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING A BUDGET MODIFICATION AND AN INCREASE OF GRANT REVENUE ESTIMATES OF $1,500,000 TO THE STEVENS CREEK BOULEVARD CLASS IV BIKEWAY PHASE 2A PROJECT FUND WHEREAS, the orderly administration of municipal government depends on a sound fiscal policy of maintaining a proper ratio of expenditures within anticipated revenues and available monies; and WHEREAS, accomplishing City Council directives, projects, and programs and performing staff duties and responsibilities likewise depends on the monies available for that purpose; and WHEREAS, the City Manager has determined that the balances from the funds specified in this resolution are adequate to cover the proposed transfer appropriations and therefore recommends the fund reallocations described herein; and NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the recommended fund reallocations described herein. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th day of February 2025, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: 125 CC 02-04-2025 125 of 985 Resolution No. __________ Page 2 SIGNED: ________ Liang Chao, Mayor City of Cupertino ________________________ Date ATTEST: ________ Kirsten Squarcia, City Clerk ________________________ Date 126 CC 02-04-2025 126 of 985 Resolution No. __________ Page 3 EXHIBIT A Appropriation Amendment by Fund Revenue Appropriations Fund Balance (Use of) 270 Transportation Fund $0 $693,000 ($693,000) 420 Capital Improvement Fund $1,500,000 $0 $1,500,000 TOTAL $1,500,000 $693,000 $807,000 127 CC 02-04-2025 127 of 985 10/28/2024 128 CC 02-04-2025 128 of 985 GENERAL NOTES, ABBREVIATIONS & LEGEND ABBREVIATIONS CITY OF CUPERTINO GENERAL NOTES ” ” LEGEND Pakpour Consulting Group, Inc. 6601 Owens Drive, Suite 230 Pleasanton, CA 94588 925.224.7717 Fax 925.224.7726 www.pcgengr.com SHEET OF 17REVISIONS AUGUST 2024 IMPROVEMENT PLANS FOR STEVENS CREEK BOULEVARD CLASS IV BIKEWAY PHASE 2A CALIFORNIAFile: Scale: Proj. Engr: Checked: Drawn: Designed: Date:8/13/2024 WL WL WL APPR.CITY DATEAPPR.DATE DESIGN BY DESIGN SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G ON T H I S P R O J E C T , E X C E P T I N G F O R L I A B I L I T Y A R I S I N G F R O M T H E S O L E N E G L I G E N C E O F T H E O W N E R O R T H E E N G I N E E R . SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K CUPERTINO CITY OF CUPERTINO DE ANZA BOULEVARD TO WOLFE ROAD/MILLER AVENUEKAW/JP 2 G-2 129 CC 02-04-2025 129 of 985 X N Pakpour Consulting Group, Inc. 6601 Owens Drive, Suite 230 Pleasanton, CA 94588 925.224.7717 Fax 925.224.7726 www.pcgengr.com SHEET OF 17REVISIONS AUGUST 2024 IMPROVEMENT PLANS FOR STEVENS CREEK BOULEVARD CLASS IV BIKEWAY PHASE 2A CALIFORNIAFile: Scale: Proj. Engr: Checked: Drawn: Designed: Date:8/13/2024 WL WL WL APPR.CITY DATEAPPR.DATE DESIGN BY DESIGN SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G ON T H I S P R O J E C T , E X C E P T I N G F O R L I A B I L I T Y A R I S I N G F R O M T H E S O L E N E G L I G E N C E O F T H E O W N E R O R T H E E N G I N E E R . SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K CUPERTINO CITY OF CUPERTINO DE ANZA BOULEVARD TO WOLFE ROAD/MILLER AVENUEKAW/JP 3 D-1 BUS STOP/BIKE PATH DETAIL IN-LINE BUS STOP/BIKE PATH DETAIL 1" = 10' A BUS STOP TOP OF CURB ALIGNMENT LINE AND CURVE TABLE BUS STOP ISLAND LINE AND CURVE TABLE HORIZONTAL CONTROL PLAN SEE SHEET D-2 FOR BUS STOP/BIKE PATH STRIPING DETAILS 130 CC 02-04-2025 130 of 985 N YI E L D TO PE D S Pakpour Consulting Group, Inc. 6601 Owens Drive, Suite 230 Pleasanton, CA 94588 925.224.7717 Fax 925.224.7726 www.pcgengr.com SHEET OF 17REVISIONS AUGUST 2024 IMPROVEMENT PLANS FOR STEVENS CREEK BOULEVARD CLASS IV BIKEWAY PHASE 2A CALIFORNIAFile: Scale: Proj. Engr: Checked: Drawn: Designed: Date:8/13/2024 WL WL WL APPR.CITY DATEAPPR.DATE DESIGN BY DESIGN SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G ON T H I S P R O J E C T , E X C E P T I N G F O R L I A B I L I T Y A R I S I N G F R O M T H E S O L E N E G L I G E N C E O F T H E O W N E R O R T H E E N G I N E E R . SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K CUPERTINO CITY OF CUPERTINO DE ANZA BOULEVARD TO WOLFE ROAD/MILLER AVENUEKAW/JP 4 D-2 BUS STOP/BIKE PATH DEMO AND STRIPING DETAIL IN-LINE BUS STOP/BIKE PATH DEMO PLAN 1" = 10' C IN-LINE BUS STOP/BIKE PATH SIGNING AND STRIPING DETAIL 1" = 10' B YIELD CONTROL AND YIELD LINE MARKINGS 1" = 10' A 131 CC 02-04-2025 131 of 985 Pakpour Consulting Group, Inc. 6601 Owens Drive, Suite 230 Pleasanton, CA 94588 925.224.7717 Fax 925.224.7726 www.pcgengr.com SHEET OF 17REVISIONS AUGUST 2024 IMPROVEMENT PLANS FOR STEVENS CREEK BOULEVARD CLASS IV BIKEWAY PHASE 2A CALIFORNIAFile: Scale: Proj. Engr: Checked: Drawn: Designed: Date:8/13/2024 WL WL WL APPR.CITY DATEAPPR.DATE DESIGN BY DESIGN SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G ON T H I S P R O J E C T , E X C E P T I N G F O R L I A B I L I T Y A R I S I N G F R O M T H E S O L E N E G L I G E N C E O F T H E O W N E R O R T H E E N G I N E E R . SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K CUPERTINO CITY OF CUPERTINO DE ANZA BOULEVARD TO WOLFE ROAD/MILLER AVENUEKAW/JP 5 D-3 PRECAST CONCRETE DETAILS PRECAST CONCRETE BLOCK ELEVATION VIEW N.T.S. A PRECAST CONCRETE BLOCK PLAN VIEW N.T.S. B PRECAST CONCRETE BLOCK LOCATION N.T.S. C PRECAST CONCRETE END BLOCK ELEVATION VIEW N.T.S. D PRECAST CONCRETE END BLOCK PLAN VIEW N.T.S. E PRECAST CONCRETE END BLOCK LOCATION N.T.S. F A-A PRECAST CONCRETE BLOCK AND PRECAST CONCRETE END BLOCK CROSS SECTION N.T.S. OM2-2H OBJECT MARKER AND BASE N.T.S. G 132 CC 02-04-2025 132 of 985 N N Pakpour Consulting Group, Inc. 6601 Owens Drive, Suite 230 Pleasanton, CA 94588 925.224.7717 Fax 925.224.7726 www.pcgengr.com SHEET OF 17REVISIONS AUGUST 2024 IMPROVEMENT PLANS FOR STEVENS CREEK BOULEVARD CLASS IV BIKEWAY PHASE 2A CALIFORNIAFile: Scale: Proj. Engr: Checked: Drawn: Designed: Date:8/13/2024 WL WL WL APPR.CITY DATEAPPR.DATE DESIGN BY DESIGN SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G ON T H I S P R O J E C T , E X C E P T I N G F O R L I A B I L I T Y A R I S I N G F R O M T H E S O L E N E G L I G E N C E O F T H E O W N E R O R T H E E N G I N E E R . SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K CUPERTINO CITY OF CUPERTINO DE ANZA BOULEVARD TO WOLFE ROAD/MILLER AVENUEKAW/JP 6 D-4 N. DE ANZA BLVD SIGNING/STRIPING DETAIL N. DE ANZA BLVD SIGNING/STRIPING DETAIL 1" = 20' A MILLER AVENUE SIGNING/STRIPING DETAIL 1" = 20' B DETAIL 37B NTS C DETAIL 38 NTS D DETAIL 39 AND 39A NTS E CONTINENTAL CROSSWALK NTS F TWO-STAGE LEFT -TURN BOX NTS G 133 CC 02-04-2025 133 of 985 TO TORRE AVE EXIT CITY HALL LIBRARY TO N. BLANEY AVE EXIT TO S. BLANEY AVE EXIT TO N. PORTAL AVE EXIT TO S. PORTAL AVE EXIT TO PERIMETER RD (NORTH) EXIT MARKETPLACE EXIT YIELD TO PEDS Pakpour Consulting Group, Inc. 6601 Owens Drive, Suite 230 Pleasanton, CA 94588 925.224.7717 Fax 925.224.7726 www.pcgengr.com SHEET OF 17REVISIONS AUGUST 2024 IMPROVEMENT PLANS FOR STEVENS CREEK BOULEVARD CLASS IV BIKEWAY PHASE 2A CALIFORNIAFile: Scale: Proj. Engr: Checked: Drawn: Designed: Date:8/13/2024 WL WL WL APPR.CITY DATEAPPR.DATE DESIGN BY DESIGN SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G ON T H I S P R O J E C T , E X C E P T I N G F O R L I A B I L I T Y A R I S I N G F R O M T H E S O L E N E G L I G E N C E O F T H E O W N E R O R T H E E N G I N E E R . SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K CUPERTINO CITY OF CUPERTINO DE ANZA BOULEVARD TO WOLFE ROAD/MILLER AVENUEKAW/JP 7 D-5 SIGNING DETAILS TORRE AVE EXIT SIGN N.T.S. N. BLANEY AVE EXIT SIGN N.T.S. S. BLANEY AVE EXIT SIGN N.T.S. N. PORTAL AVE EXIT SIGN N.T.S. PERIMETER RD (N) EXIT SIGN N.T.S. MARKETPLACE EXIT SIGN N.T.S. S. PORTAL AVE EXIT SIGN N.T.S. N.T.S. BICYCLE GUIDE SIGN AT TRANSIT STOP A B C D E F G H CITY STANDARD SIGN POST N.T.S. J R9-6 YIELD TO PEDS SIGN N.T.S. I 134 CC 02-04-2025 134 of 985 6" DIA. 6" DIA. Pakpour Consulting Group, Inc. 6601 Owens Drive, Suite 230 Pleasanton, CA 94588 925.224.7717 Fax 925.224.7726 www.pcgengr.com SHEET OF 17REVISIONS AUGUST 2024 IMPROVEMENT PLANS FOR STEVENS CREEK BOULEVARD CLASS IV BIKEWAY PHASE 2A CALIFORNIAFile: Scale: Proj. Engr: Checked: Drawn: Designed: Date:8/13/2024 WL WL WL APPR.CITY DATEAPPR.DATE DESIGN BY DESIGN SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G ON T H I S P R O J E C T , E X C E P T I N G F O R L I A B I L I T Y A R I S I N G F R O M T H E S O L E N E G L I G E N C E O F T H E O W N E R O R T H E E N G I N E E R . SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K CUPERTINO CITY OF CUPERTINO DE ANZA BOULEVARD TO WOLFE ROAD/MILLER AVENUEKAW/JP 8 D-6 BUS STOP/BIKE PATH CROSS SECTIONS A-A CROSS SECTION STA 13+80 TO 14+60 AND STA 14+90 TO STA 15+81 INLINE BUS STOP/BIKE PATH N.T.S. B-B CROSS SECTION STA 14+70 TO STA 14+80 INLINE BUS STOP/BIKE PATH N.T.S. C-C CROSS SECTION STA 14+60 TO STA 14+70 AND STA 14+80 TO 14+90 INLINE BUS STOP/BIKE PATH N.T.S. A B C BUS PAD CONTRACTION JOINT EBUS PAD EXPANSION JOINT D MODIFIED TYPE I PEDESTRIAN BARRICADE F TRENCH DRAIN FRAME AND GRATE G 135 CC 02-04-2025 135 of 985 U TU R N ON L Y N X N 9 MA T C H L I N E S T A 1 9 + 0 0 S E E B E L O W L E F T MA T C H L I N E S T A 1 9 + 0 0 S E E T O P R I G H T MA T C H L I N E S T A 2 8 + 0 0 S E E S H E E T C - 2 Pakpour Consulting Group, Inc. 6601 Owens Drive, Suite 230 Pleasanton, CA 94588 925.224.7717 Fax 925.224.7726 www.pcgengr.com SHEET OF 17REVISIONS AUGUST 2024 IMPROVEMENT PLANS FOR STEVENS CREEK BOULEVARD CLASS IV BIKEWAY PHASE 2A CALIFORNIAFile: Scale: Proj. Engr: Checked: Drawn: Designed: Date:8/13/2024 WL WL WL APPR.CITY DATEAPPR.DATE DESIGN BY DESIGN SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G ON T H I S P R O J E C T , E X C E P T I N G F O R L I A B I L I T Y A R I S I N G F R O M T H E S O L E N E G L I G E N C E O F T H E O W N E R O R T H E E N G I N E E R . SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K CUPERTINO CITY OF CUPERTINO DE ANZA BOULEVARD TO WOLFE ROAD/MILLER AVENUEKAW/JP CONSTRUCTION PLAN STA 10+00 TO STA 28+00 C-1 8040040 SCALE IN FEET 1"=40' GRAPHIC SCALE MATCHLINE SEE DETAIL A SHEET D-4 136 CC 02-04-2025 136 of 985 N N X 10 MA T C H L I N E S T A 3 8 + 0 0 S E E B E L O W L E F T MA T C H L I N E S T A 3 8 + 0 0 S E E T O P R I G H T MA T C H L I N E S T A 4 8 + 0 0 S E E S H E E T C - 3 CONSTRUCTION PLAN STA 28+00 TO STA 48+00 MA T C H L I N E S T A 2 8 + 0 0 S E E S H E E T C - 1 Pakpour Consulting Group, Inc. 6601 Owens Drive, Suite 230 Pleasanton, CA 94588 925.224.7717 Fax 925.224.7726 www.pcgengr.com SHEET OF 17REVISIONS AUGUST 2024 IMPROVEMENT PLANS FOR STEVENS CREEK BOULEVARD CLASS IV BIKEWAY PHASE 2A CALIFORNIAFile: Scale: Proj. Engr: Checked: Drawn: Designed: Date:8/13/2024 WL WL WL APPR.CITY DATEAPPR.DATE DESIGN BY DESIGN SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G ON T H I S P R O J E C T , E X C E P T I N G F O R L I A B I L I T Y A R I S I N G F R O M T H E S O L E N E G L I G E N C E O F T H E O W N E R O R T H E E N G I N E E R . SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K CUPERTINO CITY OF CUPERTINO DE ANZA BOULEVARD TO WOLFE ROAD/MILLER AVENUEKAW/JP C-2 8040040 SCALE IN FEET 1"=40' GRAPHIC SCALE 137 CC 02-04-2025 137 of 985 N X N 11 MA T C H L I N E S T A 5 7 + 0 0 S E E B E L O W L E F T MA T C H L I N E S T A 5 7 + 0 0 S E E T O P R I G H T MA T C H L I N E S T A 4 8 + 0 0 S E E S H E E T C - 2 Pakpour Consulting Group, Inc. 6601 Owens Drive, Suite 230 Pleasanton, CA 94588 925.224.7717 Fax 925.224.7726 www.pcgengr.com SHEET OF 17REVISIONS AUGUST 2024 IMPROVEMENT PLANS FOR STEVENS CREEK BOULEVARD CLASS IV BIKEWAY PHASE 2A CALIFORNIAFile: Scale: Proj. Engr: Checked: Drawn: Designed: Date:8/13/2024 WL WL WL APPR.CITY DATEAPPR.DATE DESIGN BY DESIGN SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G ON T H I S P R O J E C T , E X C E P T I N G F O R L I A B I L I T Y A R I S I N G F R O M T H E S O L E N E G L I G E N C E O F T H E O W N E R O R T H E E N G I N E E R . SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K CUPERTINO CITY OF CUPERTINO DE ANZA BOULEVARD TO WOLFE ROAD/MILLER AVENUEKAW/JP CONSTRUCTION PLAN STA 48+00 TO STA 65+80 C-3 8040040 SCALE IN FEET 1"=40' GRAPHIC SCALE MATCHLINE SEE DETAIL B SHEET D-4 138 CC 02-04-2025 138 of 985 GENERAL NOTES: LEGEND DETAIL 'A' 4-SECTION SIGNAL FACE DETAIL 'B' 3-SECTION BICYCLE SIGNAL FACE DETAIL 'C' MAST ARM POLE LAYOUT DETAIL 'D' 15TS POLE LAYOUT YIELD RIGHT TURN ON FLASHING 139 CC 02-04-2025 139 of 985 STEVENS CREEK BOULEVARD N W O L F E R O A D MI L L E R A V E N U E CONSTRUCTION NOTES: DETAIL 'A' EXISTING PHASE DIAGRAM PROPOSED PHASE DIAGRAM 140 CC 02-04-2025 140 of 985 CONDUCTOR SCHEDULE EXISTING SIGNAL EQUIPMENT MI L L E R AV E N U E N W O L F E RO A D STEVENS CREEK BOULEVARD POLE & EQUIPMENT SCHEDULE S E N W S E N W S E N W S E N W S E N W S E N W S E N W S E N W S E N W S E N W S E N W S E N W S E N W 141 CC 02-04-2025 141 of 985 STEVENS CREEK BOULEVARD DE A N Z A BO U L E V A R D CONSTRUCTION NOTES: EXISTING PHASE DIAGRAM PROPOSED PHASE DIAGRAM 142 CC 02-04-2025 142 of 985 #23 #20 #24 (120' - R/W) CONDUCTOR SCHEDULE EXISTING SIGNAL EQUIPMENT DE A N Z A BO U L E V A R D STEVENS CREEK BOULEVARD DEMOLITION NOTES: POLE & EQUIPMENT SCHEDULE S E N W S E N W S E N W S E N W S E N W S E N W S E N W S E N W S E N W S E N W S E N W S E N W S E N W S E N W S E N W 143 CC 02-04-2025 143 of 985 B-1 17 17 144 CC 02-04-2025 144 of 985 PUBLIC WORKS DEPARTMENT • 10300 TORRE AVENUE • CUPERTINO, CALIFORNIA 95014 PROJECT MANUAL FOR THE CAPITAL IMPROVEMENT PROGRAMS’ Stevens Creek Boulevard Class IV Bike Lane Phase 2A Federal-Aid Project No. CML-5318 (036) CIP Project No. 2022-15 Bid Dates: Bid Package posted: Tuesday, November 5, 2024 RFI’s due date: Wednesday, November 20, 2024, 2pm Addendum publication date: Wednesday, November 27, 2024 Submittals due: Thursday, December 5, 2024, 2pm APPROVED BY: _______________________________________ Chad Mosley, P.E. Director of Public Works & City Engineer 145 CC 02-04-2025 145 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A PROJECT INFORMATION CIP Project #2022-15 Page 2 PROJECT INFORMATION: LOCATION MAP: City of Cupertino – Stevens Creek Boulevard Class IV Bikeway Phase 2A Budget Unit: 420-99-036 NWS: ST 059 CIP project: 2022-15 APN: Public ROW Location: Stevens Creek Boulevard from De Anza Boulevard to North Wolfe Road/Miller Avenue Project Overview: The project will convert the existing Class II-B buffered bike lanes to Class IV separate bike lane, modify existing traffic signals with exclusive bicycle signals, and construct a shared cycle track bus stop. PROJECT DIRECTORY City Representative: City of Cupertino *Use this Address for Stop Notices Jason Wong, P.E. - Senior Civil Engineer City of Cupertino - Public Works 10300 Torre Avenue Cupertino, CA 95014 PH: (408) 777-3215 Email: JasonW@cupertino.gov Engineer of Record: Pakpour Consulting Group Joubin Pakpour, P.E. 6601 Owens Drive, Suite 230 Pleasanton, CA 94588 PH: 925-224-7717 Email: wlai@pcgengr.com 146 CC 02-04-2025 146 of 985 147 CC 02-04-2025 147 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A TABLE OF CONTENTS CIP Project #2022-15 Page i TABLE OF CONTENTS Notice Inviting Bids ....................................................................................................................... 4 Instructions to Bidders ................................................................................................................. 7 Bid Proposal ................................................................................................................................. 14 Bid Schedule ................................................................................................................................ 16 Subcontractor List ....................................................................................................................... 18 Equal Employment Opportunity Certification .......................................................................... 19 Public Contract Code Statement ................................................................................................ 20 Debarment and Suspension Certification ................................................................................. 22 Subcontractor Debarment and Suspension Certification ....................................................... 23 Non-Lobbying Certification For Federal-Aid Contracts........................................................... 24 Disclosure of Lobbying Activities .............................................................................................. 25 Non-collusion Declaration .......................................................................................................... 27 Bid Bond ....................................................................................................................................... 28 Bidder’s Questionnaire ............................................................................................................... 30 Contract ........................................................................................................................................ 33 Payment Bond .............................................................................................................................. 38 Performance Bond ...................................................................................................................... 40 General Conditions ..................................................................................................................... 42 Article 1 - Definitions ................................................................................................................... 42 Definitions .................................................................................................................................. 42 Article 2 - Roles and Responsibilities ....................................................................................... 45 2.1 City ................................................................................................................................ 45 2.2 Contractor ...................................................................................................................... 45 2.3 Subcontractors .............................................................................................................. 48 2.4 Coordination of Work ..................................................................................................... 49 2.5 Submittals ...................................................................................................................... 49 2.6 Shop Drawings .............................................................................................................. 50 Article 3 - Contract Documents .................................................................................................. 51 3.1 Interpretation of Contract Documents ........................................................................... 51 3.2 Order of Precedence ..................................................................................................... 51 3.3 Caltrans Standard Specifications .................................................................................. 52 3.4 For Reference Only ....................................................................................................... 52 3.5 Current Versions ........................................................................................................... 53 3.6 Conformed Copies ........................................................................................................ 53 Article 4 - Bonds, Indemnity, and Insurance ............................................................................ 53 4.1 Payment and Performance Bonds ................................................................................ 53 4.2 Indemnity ....................................................................................................................... 53 4.3 Insurance ....................................................................................................................... 54 Article 5 - Contract Time ............................................................................................................. 56 5.1 Time is of the Essence .................................................................................................. 56 5.2 Schedule Requirements ................................................................................................ 56 5.3 Delay and Extensions of Contract Time ........................................................................ 58 5.4 Liquidated Damages ..................................................................................................... 61 Article 6 - Contract Modification ................................................................................................ 62 6.1 Contract Modification. .................................................................................................... 62 6.2 Contractor Change Order Requests ............................................................................. 63 6.3 Adjustments to Contract Price ....................................................................................... 64 6.4 Unilateral Change Order ............................................................................................... 64 6.5 Non-Compliance Deemed Waiver ................................................................................. 65 Article 7 - General Construction Provisions ............................................................................. 65 7.1 Permits, Fees, Business License, and Taxes ............................................................... 65 7.2 Temporary Facilities ...................................................................................................... 65 148 CC 02-04-2025 148 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A TABLE OF CONTENTS CIP Project #2022-15 Page ii 7.3 Noninterference and Site Management ........................................................................ 65 7.4 Signs .............................................................................................................................. 66 7.5 Project Site and Nearby Property Protections. ............................................................. 66 7.6 Materials and Equipment............................................................................................... 67 7.7 Substitutions .................................................................................................................. 68 7.8 Testing and Inspection .................................................................................................. 69 7.9 Project Site Conditions and Maintenance ..................................................................... 70 7.10 Instructions and Manuals .............................................................................................. 71 7.11 As-built Drawings .......................................................................................................... 71 7.12 Existing Utilities ............................................................................................................. 72 7.13 Notice of Excavation ...................................................................................................... 72 7.14 Trenching and Excavations of Four Feet or More ......................................................... 72 7.15 Trenching of Five Feet or More ..................................................................................... 73 7.16 New Utility Connections ................................................................................................ 73 7.17 Lines and Grades. ......................................................................................................... 73 7.18 Historic or Archeological Items ...................................................................................... 73 7.19 Environmental Control ................................................................................................... 74 7.20 Noise Control. ................................................................................................................ 74 7.21 Mined Materials. ............................................................................................................ 74 Article 8 - Payment ...................................................................................................................... 74 8.1 Schedule of Values ....................................................................................................... 74 8.2 Progress Payments ....................................................................................................... 75 8.3 Adjustment of Payment Application .............................................................................. 75 8.4 Early Occupancy. .......................................................................................................... 76 8.5 Retention ....................................................................................................................... 76 8.6 Payment to Subcontractors and Suppliers .................................................................... 77 8.7 Final Payment ............................................................................................................... 77 8.8 Release of Claims ......................................................................................................... 77 8.9 Warranty of Title ............................................................................................................ 77 Article 9 - Labor Provisions ........................................................................................................ 77 9.1 Discrimination Prohibited............................................................................................... 77 9.2 Labor Code Requirements ............................................................................................ 78 9.3 Prevailing Wages .......................................................................................................... 78 9.4 Payroll Records ............................................................................................................. 78 9.5 Labor Compliance ......................................................................................................... 79 Article 10 - Safety Provisions ..................................................................................................... 79 10.1 Safety Precautions and Programs ................................................................................ 79 10.2 Hazardous Materials ..................................................................................................... 80 10.3 Material Safety .............................................................................................................. 80 10.4 Hazardous Condition ..................................................................................................... 80 10.5 Emergencies ................................................................................................................. 80 Article 11 - Completion and Warranty Provisions .................................................................... 80 11.1 Final Completion ........................................................................................................... 80 11.2 Warranty ........................................................................................................................ 81 11.3 Use Prior to Final Completion ....................................................................................... 82 11.4 Substantial Completion ................................................................................................. 83 Article 12 - Dispute Resolution .................................................................................................. 83 12.1 Claims............................................................................................................................ 83 12.2 Claims Submission ........................................................................................................ 83 12.3 City’s Response ............................................................................................................ 85 12.4 Meet and Confer ............................................................................................................ 85 12.5 Mediation and Government Code Claims ..................................................................... 86 12.6 Tort Claims .................................................................................................................... 86 12.7 Arbitration ...................................................................................................................... 86 12.8 Burden of Proof and Limitations .................................................................................... 86 12.9 Legal Proceedings ......................................................................................................... 87 149 CC 02-04-2025 149 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A TABLE OF CONTENTS CIP Project #2022-15 Page iii 12.10 Other Disputes .............................................................................................................. 87 Article 13 - Suspension and Termination .................................................................................. 87 13.1 Suspension for Cause ................................................................................................... 87 13.2 Suspension for Convenience ........................................................................................ 88 13.3 Termination for Default .................................................................................................. 88 13.4 Termination for Convenience ........................................................................................ 89 13.5 Actions Upon Termination for Default or Convenience ................................................. 90 Article 14 - Miscellaneous Provisions ....................................................................................... 91 14.1 Assignment of Unfair Business Practice Claims ........................................................... 91 14.2 Provisions Deemed Inserted ......................................................................................... 91 14.3 Waiver ........................................................................................................................... 91 14.4 Titles, Headings, and Groupings ................................................................................... 91 14.5 Statutory and Regulatory References ........................................................................... 91 14.6 Survival. ......................................................................................................................... 91 Special Conditions ...................................................................................................................... 92 Attachment A – Federal Bidding Requirements ..................................................................... 102 Attachment B – Federal Contract Requirements ................................................................... 111 Attachment C – Kimley Horn Potholing Report ...................................................................... 147 Technical Specifications ........................................................................................................... 168 150 CC 02-04-2025 150 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A INSTRUCTIONS TO BIDDERS CIP Project #2022-15 Page 4 Notice Inviting Bids 1. Bid Submission. City of Cupertino (“City”) will accept electronically submitted bids for its Stevens Creek Boulevard Class IV Bikeway Phase 2A Project, Federal-Aid Project No. CML-5318 (036), CIP Project No. 2022-15 (“Project”), by or before Tuesday, December 5, 2024, at 2:00 p.m., via electronic submission to the City’s “Business Opportunities” online portal in the manner set forth in Section 1 of the Instructions to Bidders, at which time the bids will be opened by the City. City will open all Bidder’s bid on December 5, 2024 at 2:00 p.m. Bid opening will be available for public viewing at City Hall, 10300 Torres Avenue Cupertino, CA 95014. City reserves the unfettered right, acting in its sole discretion, to waive or to decline to waive any immaterial bid irregularities; to accept or reject any or all bids; to cancel or reschedule the bid; to postpone or abandon the Project entirely; or to perform all or part of the Work with its own forces. 2. Project Information. 2.1 Location and Description. The Project is located at Stevens Creek Boulevard between De Anza Boulevard and N. Wolfe Road/Miller Avenue and is described as follows: The project will convert the existing Class II-B buffered bike lanes to Class IV separated bikeway by installing physical separators/curbs between the bike lane and vehicular traffic, modifying existing traffic signals with exclusive bicycle signals, and constructing a shared cycle track bus stop. 2.2 Time for Final Completion. The Project must be fully completed within 60 working days from the start date set forth in the Notice to Proceed. City anticipates that the Work will begin on or about March 2025, but the anticipated start date is provided solely for convenience and is neither certain nor binding. Contractor shall procure long lead time materials including but not limited to signal poles, signal mast arms, and precast concrete blocks as soon as construction contract is awarded. Notice to Proceed will be coordinated to ensure materials will arrive in a timely manner for the work to be completed within the allowed working days. 2.3 Estimated Cost. The estimated construction cost is $1,500,000. 2.4 Disadvantaged Business Enterprises (DBE). The DBE contract goal for this project is 17%. 3. License and Registration Requirements. 3.1 License. This Project requires a valid California contractor’s license for the following classification(s): Class A – General Engineering Contractor, C-10 Electrical Contractor for all traffic signal work. 3.2 DIR Registration. City may not accept a Bid Proposal from or enter into the Contract with a bidder, without proof that the bidder is registered with the California Department of Industrial Relations (“DIR”) to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions. 4. Contract Documents. The plans, specifications, bid forms and contract documents for the Project, and any addenda thereto (“Contract Documents”) may be downloaded from City’s Business Opportunities website located at: https://apps.cupertino.org/bidmanagement/index.aspx.. A printed copy of the Contract Documents is not available. 151 CC 02-04-2025 151 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A INSTRUCTIONS TO BIDDERS CIP Project #2022-15 Page 5 5. Bid Security. The Bid Proposal must be accompanied by bid security of ten percent of the maximum bid amount, in the form of a cashier’s or certified check made payable to City, or a bid bond executed by a surety licensed to do business in the State of California on the Bid Bond form included with the Contract Documents, in the manner set forth in Section 4 of the Instructions to Bidders. The bid security must guarantee that within ten days after City issues the Notice of Potential Award, the successful bidder will execute the Contract and submit the payment and performance bonds, insurance certificates and endorsements, valid Certificates of Reported Compliance as required under the California Air Resources Board’s In-Use Off-Road Diesel-Fueled Fleets Regulation (13 CCR § 2449 et seq.) (“Off- Road Regulation”), if applicable, and any other submittals required by the Contract Documents and as specified in the Notice of Potential Award. 6. Prevailing Wage Requirements. 6.1 General. Pursuant to California Labor Code § 1720 et seq., this Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. 6.2 Rates. The prevailing rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Project. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half. This Project is funded in part by federal funds and therefore subject to both State and Federal hourly minimum rates for wages and fringe benefits and when the two rates differ for similar kinds of labor, the Contractor shall not pay less than the higher rate. Federal wage rates can be found on the Department of Labor home page at https://sam.gov/content/wage-determinations. 6.3 Compliance. The Contract will be subject to compliance monitoring and enforcement by the DIR, under Labor Code § 1771.4. 7. Performance and Payment Bonds. The successful bidder will be required to provide performance and payment bonds, each for 100% of the Contract Price, as further specified in the Contract Documents. 8. Substitution of Securities. Substitution of appropriate securities in lieu of retention amounts from progress payments is permitted under Public Contract Code § 22300. 9. Subcontractor List. Each Subcontractor must be registered with the DIR to perform work on public projects. Each bidder must submit a completed Subcontractor List form with its Bid Proposal, including the name, location of the place of business, California contractor license number, DIR registration number, and percentage of the Work to be performed (based on the base bid price) for each Subcontractor that will perform Work or service or fabricate or install Work for the prime contractor in excess of one-half of 1% of the bid price, using the Subcontractor List form included with the Contract Documents. 10. Instructions to Bidders. All bidders should carefully review the Instructions to Bidders for more detailed information before submitting a Bid Proposal. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, as defined therein, including this Notice Inviting Bids. 152 CC 02-04-2025 152 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A INSTRUCTIONS TO BIDDERS CIP Project #2022-15 Page 6 11. Caltrans Administered Project. This Project is funded in whole or in part by federal funds administered under Caltrans’ Local Assistance Procedures Manual (“LAPM”). 11.1 Federal Bidding Requirements. LAPM bidding requirements and forms are provided in Attachment A - Federal Bidding Requirements. Each bidder must comply with the requirements set forth in Attachment A, including completion and submission of required federal forms with its Bid Proposal, as further specified in Attachment A. 11.2 Title VI Non-Discrimination Assurances. The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. § 2000d et seq.) and applicable regulations, including 49 CFR Part 21, 28 CFR § 50.3, and any other applicable statutory or regulatory authorities identified in the Standard Title VI/Non-Discrimination Assurances, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. Any contract entered into pursuant to this advertisement will be subject to Appendix E of the Title VI Assurances, a copy of which is included in Attachment B - Federal Contract Requirements. By: ____ Date: __10/28/2024___________ Kirsten Squarcia, City Clerk Publication Date: 11/8/2024 & 11/15/2024 END OF NOTICE INVITING BIDS 153 CC 02-04-2025 153 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A INSTRUCTIONS TO BIDDERS CIP Project #2022-15 Page 7 Instructions to Bidders Each Bid Proposal submitted to City of Cupertino (“City”) for its Stevens Creek Boulevard Class IV Bike Lane Phase 2A Project, Federal-Aid Project No. CML-5318 (036), CIP Project No. 2022- 15 (“Project”) must be submitted in accordance with the following instructions and requirements: 1. Bid Submission. 1.1 General. Each Bid Proposal must be completed, using the form provided in the Contract Documents, signed, and submitted to City, with all required forms and attachments, by or before the date and time set forth in Section 1 of the Notice Inviting Bids, or as amended by subsequent addendum. Faxed or emailed Bid Proposals will not be accepted, unless otherwise specified. Late submissions will not be considered. City reserves the right to postpone the date or time for receiving or opening bids. Each bidder is solely responsible for all of its costs to prepare and submit its bid and by submitting a bid waives any right to recover those costs from City. The bid price(s) must include all costs to perform the Work as specified, including all labor, material, supplies, and equipment and all other direct or indirect costs such as applicable taxes, insurance and overhead. 1.2 Electronic Submission. The Bid Proposal and all required forms and attachments must be submitted in PDF format on the City’s “Business Opportunities” portal at https://apps.cupertino.org/bidmanagement/index.aspx. To submit a bid, (1) select the folder icon in the “Actions” column for the Project; (2) select the “Electronic Submission” tab; (3) when the log-in screen appears, enter the log-in credentials used to access the Contract Documents and/or create an account, as appropriate; (4) after logging in, carefully follow all instructions for electronic submission of the Bid Proposal and all required forms and attachments. Each bidder should familiarize itself with the City’s “Business Opportunities” portal before the bid deadline. Electronic submission may take more time than anticipated. Each bidder should plan accordingly and afford itself ample time to upload its bid. Bids that are in the process of uploading but are not completely uploaded by the bid deadline will be automatically rejected by the portal. The portal will not allow submission after the bid deadline. 1.3 Bid Opening. City will open all Bidder’s bid on December 5, 2024 at 2:00 p.m. Bid opening will be available for public viewing at City Hall, 10300 Torres Avenue Cupertino, CA 95014. 1.4 Bid Posting. The amount of each bid and such other relevant information as the City deems appropriate, together with the name of each bidder, shall be posted on the City website https://apps.cupertino.org/bidmanagement/index.aspx on the first working day following a period of 48 hours after the bid opening and remain open to public inspection for a period of not less than fifteen (15) calendar days after the bid opening. 1.5 DIR Registration. Subject to limited legal exceptions for joint venture bids and federally-funded projects, City may not accept a Bid Proposal from a bidder without proof that the bidder is registered with the DIR to perform public work under Labor Code § 1725.5. If City is unable to confirm that the bidder is currently registered with the DIR, City may disqualify the bidder without opening its bid. (Labor Code §§ 1725.5 and 1771.1(a).) 154 CC 02-04-2025 154 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A INSTRUCTIONS TO BIDDERS CIP Project #2022-15 Page 8 1.6 Complete Bid Package Submittal Checklist. This checklist identifies the documents that MUST be submitted as part of the bid package to be considered responsive. ____ 1. Bid Proposal ____ 2. Bid Schedule ____ 3. Subcontractor List ____ 4. Equal Employment Opportunity Certification ____ 5. Public Contract Code Statement ____ 6. Debarment and Suspension Certification (if there are exceptions) ____ 7. Disclosure of Lobbying Activities (if applicable) ____ 8. Non-collusion Declaration ____ 9. Bid Bond ____ 10. Exhibit 12-B: Bidder’s List of Subcontractor (DBE and Non-DBE) The following forms below are required to be submitted no later than 4:00 p.m. on the 5th calendar day after the bid opening. Failure to submit the required forms on time may result in the City deeming the bid package non-responsive. Forms shall be submitted electronically to JasonW@cupertino.gov. ____ 1. Subcontractor Debarment and Suspension Certification ____ 2. Exhibit 15-G: Construction Contract DBE Commitment ____ 3. Exhibit 15-H: Contractor Good Faith Efforts (if applicable) ____ 4. LAPM 9-I: DLA DBE Confirmation 2. Bid Proposal Form and Enclosures. Each Bid Proposal must be completed legibly using the Bid Proposal form included with the Contract Documents. The Bid Proposal form must be fully completed without interlineations, alterations, or erasures. Any necessary corrections must be clear and legible and must be initialed by the bidder’s authorized representative. A Bid Proposal submitted with exceptions or terms such as “negotiable,” “will negotiate,” or similar, will be considered nonresponsive. Each Bid Proposal must be accompanied by bid security, as set forth in Section 4 below, and by a completed Subcontractor List and Non-Collusion Declaration using the forms included with the Contract Documents, a PDF copy of the bid security, and any other required enclosures, as applicable. In addition to submitting a PDF copy of the bid security, each bidder must also send the original form of bid security to the City, as set forth in Section 4, below. 3. Authorization and Execution. Each Bid Proposal must be signed by the bidder’s authorized representative. A Bid Proposal submitted by a partnership must be signed in the partnership name by a general partner with authority to bind the partnership. A Bid Proposal submitted by a corporation must be signed with the legal name of the corporation, followed by the signature and title of two officers of the corporation with full authority to bind the corporation to the terms of the Bid Proposal, under California Corporations Code § 313. 4. Bid Security. Each bid must be guaranteed by bid security of ten percent of the maximum bid amount, in the form of a cashier’s or certified check made payable to the City, or bid bond using the form included in the Contract Documents and executed by a surety licensed to do business in the State of California. 155 CC 02-04-2025 155 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A INSTRUCTIONS TO BIDDERS CIP Project #2022-15 Page 9 4.1 Form of Security and Submission. In addition to submitting a PDF copy of the bid security, the wet-inked original bid bond, cashier’s or certified check, must be sent to the City via U.S. Mail or a reliable overnight delivery service in a sealed envelope addressed to City of Cupertino, Office of the City Clerk, 10300 Torre Avenue, Cupertino, CA 95014 and clearly labeled with the bidder’s legal name and address, the Project title, and date and time of the bid deadline. The envelope containing the original form of bid security must be postmarked or otherwise dated to show that it was submitted to the United States Postal Service or overnight delivery service by or before the date of the bid deadline. 4.2 Bid Guarantee. The bid security must guarantee that, within ten days after issuance of the Notice of Potential Award, the bidder will: execute and submit the enclosed Contract for the bid price; submit payment and performance bonds for 100% of the maximum Contract Price; submit the insurance certificates and endorsements, submit valid Certificates of Reported Compliance as required by the Off-Road Regulation, if applicable, and any other submittals, if any, required by the Contract Documents or the Notice of Potential Award. A Bid Proposal may not be withdrawn for a period of 60 days after the bid opening without forfeiture of the bid security, except as authorized for material error under Public Contract Code § 5100 et seq. 5. Requests for Information. Questions or requests for clarifications regarding the Project, the bid procedures, or any of the Contract Documents must be submitted in writing to Jason Wong, P.E., Senior Civil Engineer, at JasonW@cupertino.gov. Oral responses are not authorized and are not binding on the City. Bidders should submit any such written inquiries at least five Working Days before the scheduled bid opening. Questions received any later might not be addressed before the bid deadline. An interpretation or clarification by City in response to a written inquiry will be issued in an addendum. 6. Pre-Bid Investigation. 6.1 General. Each bidder is solely responsible at its sole expense for diligent and thorough review of the Contract Documents, examination of the Project site, and reasonable and prudent inquiry concerning known and potential site and area conditions prior to submitting a Bid Proposal. Each bidder is responsible for knowledge of conditions and requirements which reasonable review and investigation would have disclosed. However, except for any areas that are open to the public at large, bidders may not enter property owned or leased by the City or the Project site without prior written authorization from City. 6.2 Document Review. Each bidder is responsible for review of the Contract Documents and any informational documents provided “For Reference Only,” e.g., as-builts, technical reports, test data, and the like. A bidder is responsible for notifying City of any errors, omissions, inconsistencies, or conflicts it discovers in the Contract Documents, acting solely in its capacity as a contractor and subject to the limitations of Public Contract Code § 1104. Notification of any such errors, omissions, inconsistencies, or conflicts must be submitted in writing to the City no later than five Working Days before the scheduled bid opening. (See Section 5, above.) City expressly disclaims responsibility for assumptions a bidder might draw from the presence or absence of information provided by City. 6.3 Project Site. Questions regarding the availability of soil test data, water table elevations, and the like should be submitted to the City in writing, as specified in Section 5, above. Any subsurface exploration at the Project site must be done at 156 CC 02-04-2025 156 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A INSTRUCTIONS TO BIDDERS CIP Project #2022-15 Page 10 the bidder’s expense, but only with prior written authorization from City. All soil data and analyses available for inspection or provided in the Contract Documents apply only to the test hole locations. Any water table elevation indicated by a soil test report existed on the date the test hole was drilled. The bidder is responsible for determining and allowing for any differing soil or water table conditions during construction. Because groundwater levels may fluctuate, difference(s) in elevation between ground water shown in soil boring logs and ground water actually encountered during construction will not be considered changed Project site conditions. Actual locations and depths must be determined by bidder’s field investigation. The bidder may request access to underlying or background information on the Project site in City’s possession that is necessary for the bidder to form its own conclusions, including, if available, record drawings or other documents indicating the location of subsurface lines, utilities, or other structures. 6.4 Utility Company Standards. The Project must be completed in a manner that satisfies the standards and requirements of any affected utility companies or agencies (collectively, “utility owners”). The successful bidder may be required by the third party utility owners to provide detailed plans prepared by a California registered civil engineer showing the necessary temporary support of the utilities during coordinated construction work. Bidders are directed to contact the affected third party utility owners about their requirements before submitting a Bid Proposal. 7. Bidders Interested in More Than One Bid. No person, firm, or corporation may submit or be a party to more than one Bid Proposal unless alternate bids are specifically called for. However, a person, firm, or corporation that has submitted a subcontract proposal or quote to a bidder may submit subcontract proposals or quotes to other bidders. 8. Addenda. Any addenda issued prior to the bid opening are part of the Contract Documents. Subject to the limitations of Public Contract Code § 4104.5, City reserves the right to issue addenda prior to bid time. Each bidder is solely responsible for ensuring it has received and reviewed all addenda prior to submitting its bid. Bidders should check City’s website periodically for any addenda or updates on the Project at: https://apps.cupertino.org/bidmanagement/index.aspx. 9. Brand Designations and “Or Equal” Substitutions. Any specification designating a material, product, thing, or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate quality and type of item desired, and bidders may request use of any equal material, product, thing, or service. All data substantiating the proposed substitute as an equal item must be submitted with the written request for substitution. A request for substitution must be submitted within 35 days after Notice of Potential Award unless otherwise provided in the Contract Documents. This provision does not apply to materials, products, things, or services that may lawfully be designated by a specific brand or trade name under Public Contract Code § 3400(c). 10. Bid Protest. Any bid protest against another bidder must be submitted in writing and received by City at 10300 Torre Avenue Cupertino, CA 95114 or sent via email at CapitalProjects@cupertino.gov before 5:00 p.m. no later than two Working Days following the date upon which the City posts the bid results (“Bid Protest Deadline”) and must comply with the following requirements: 10.1 General. Only a bidder who has actually submitted a Bid Proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. For purposes of this Section 10, a “Working Day” means a day that City is open for normal business, and excludes 157 CC 02-04-2025 157 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A INSTRUCTIONS TO BIDDERS CIP Project #2022-15 Page 11 weekends and holidays observed by City. Pursuant to Public Contract Code § 4104, inadvertent omission of a Subcontractor’s DIR registration number on the Subcontractor List form is not grounds for a bid protest, provided it is corrected within 24 hours of the bid opening or as otherwise provided under Labor Code § 1771.1(b). 10.2 Protest Contents. The bid protest must contain a complete statement of the basis for the protest and must include all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the protesting bidder and any person submitting the protest on behalf of or as an authorized representative of the protesting bidder. 10.3 Copy to Protested Bidder. Upon submission of its bid protest to City, the protesting bidder must also concurrently transmit the protest and all supporting documents to the protested bidder, and to any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest, by email or hand delivery to ensure delivery before the Bid Protest Deadline. 10.4 Response to Protest. The protested bidder may submit a written response to the protest, provided the response is received by City before 5:00 p.m., within two Working Days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must attach all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person responding on behalf of or representing the protested bidder if different from the protested bidder. 10.5 Copy to Protesting Bidder. Upon submission of its response to the bid protest to the City, the protested bidder must also concurrently transmit by email or hand delivery, by or before the Response Deadline, a copy of its response and all supporting documents to the protesting bidder and to any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest. 10.6 Exclusive Remedy. The procedure and time limits set forth in this Section are mandatory and are the bidder’s sole and exclusive remedy in the event of a bid protest. A bidder’s failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings. 10.7 Right to Award. City reserves the right, acting in its sole discretion, to reject any bid protest that it determines lacks merit, to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a Notice to Proceed with the Work notwithstanding any pending or continuing challenge to its determination. 11. Reservation of Rights. City reserves the unfettered right, acting in its sole discretion, to waive or to decline to waive any immaterial bid irregularities; to accept or reject any or all bids; to cancel or reschedule the bid; to postpone or abandon the Project entirely; or to perform all or part of the Work with its own forces. The Contract will be awarded, if at all, within 60 days after opening of bids or as otherwise specified in the Special Conditions, to the responsible bidder that submitted the lowest responsive bid. Any planned start date for the Project represents the City’s expectations at the time the Notice Inviting Bids was first 158 CC 02-04-2025 158 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A INSTRUCTIONS TO BIDDERS CIP Project #2022-15 Page 12 issued. City is not bound to issue a Notice to Proceed by or before such planned start date, and it reserves the right to issue the Notice to Proceed when the City determines, in its sole discretion, the appropriate time for commencing the Work. The City expressly disclaims responsibility for any assumptions a bidder might draw from the presence or absence of information provided by the City in any form. Each bidder is solely responsible for its costs to prepare and submit a bid, including site investigation costs. 12. Bonds. Within ten calendar days following City’s issuance of the Notice of Potential Award to the successful bidder, the bidder must submit payment and performance bonds to City as specified in the Contract Documents using the bond forms included in the Contract Documents. All required bonds must be calculated on the maximum total Contract Price as awarded, including additive alternates, if applicable. 13. License(s). The successful bidder and its Subcontractor(s) must possess the California contractor’s license(s) in the classification(s) required by law to perform the Work. The successful bidder must also obtain a City business license within 30 days following City’s issuance of the Notice of Potential Award. Subcontractors must also obtain a City business license before performing any Work. 14. Ineligible Subcontractor. Any Subcontractor who is ineligible to perform work on a public works project under Labor Code §§ 1777.1 or 1777.7 is prohibited from performing work on the Project. 15. Safety Orders. If the Project includes construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five feet or deeper, each bid must include a bid item for adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which comply with safety orders as required by Labor Code § 6707. 16. In-Use Off-Road Diesel-Fueled Fleets. If the Project involves the use of vehicles subject to the California Air Resources Board’s In-Use Off-Road Diesel-Fueled Fleets Regulation (13 CCR § 2449 et seq.) (“Off-Road Regulation”), then within ten calendar days following City’s issuance of the Notice of Potential Award to the successful bidder, the bidder must submit to City valid Certificates of Reported Compliance for its fleet and its listed Subcontractors, if applicable, in accordance with the Off-Road Regulation, unless exempt under the Off-Road Regulation. 17. Bid Schedule. Each bidder must complete the Bid Schedule form with unit prices as indicated, and submit the completed Bid Schedule with its Bid Proposal. 17.1 Incorrect Totals. In the event a computational error for any bid item (base bid or alternate) results in an incorrect extended total for that item, the submitted base bid or bid alternate total will be adjusted to reflect the corrected amount as the product of the estimated quantity and the unit cost. In the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid, and the amount entered as the base bid on the Bid Proposal form, the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid will be deemed the base bid price. Likewise, in the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule for any bid alternate, and the amount entered for the alternate on the Bid Proposal form, the actual total of the itemized prices shown on the Bid Schedule for that alternate will be deemed the alternate price. Nothing in this provision is intended to prevent a bidder from requesting to withdraw its bid for material error under Public Contract Code § 5100 et seq. 159 CC 02-04-2025 159 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A INSTRUCTIONS TO BIDDERS CIP Project #2022-15 Page 13 17.2 Estimated Quantities. Unless identified as a “Final Pay Quantity,” the quantities shown on the Bid Schedule are estimated and the actual quantities required to perform the Work may be greater or less than the estimated amount. The Contract Price will be adjusted to reflect the actual quantities required for the Work based on the itemized or unit prices provided in the Bid Schedule, with no allowance for anticipated profit for quantities that are deleted or decreased, and no increase in the unit price, and without regard to the percentage increase or decrease of the estimated quantity and the actual quantity. 18. Bidder’s Questionnaire. A completed, signed Bidder’s Questionnaire using the form provided with the Contract Documents and including all required attachments must be submitted within 48 hours following a request by City. A bid that does not fully comply with this requirement may be rejected as nonresponsive. A bidder who submits a Bidder’s Questionnaire which is subsequently determined to contain false or misleading information, or material omissions, may be disqualified as non-responsible. 19. Federal Subcontracting Requirements. This Project is funded in whole or in part by the federal government. Contractor must comply with all applicable federal requirements as further specified in the Contract Documents, and when procuring Subcontractors, must take all necessary affirmative steps pursuant to 2 CFR § 200.321(b), subject to the limitations of law, to ensure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include: 19.1 Solicitation Lists. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists. 19.2 Soliciting Potential Sources. Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources. 19.3 Maximizing Participation. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women’s business enterprises. 19.4 Establishing Delivery Schedules. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises. 19.5 Organizational Assistance. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 20. For Reference Only. The following documents are provided “For Reference Only,” as defined in Section 3.4 of the General Conditions: Attachment C: Exaro Technologies Corporation Kimley Horn Potholing Report dated 12/21/2022, 1/25/2023, and 4/3/2023 END OF INSTRUCTIONS TO BIDDERS 160 CC 02-04-2025 160 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A BID PROPOSAL CIP Project #2022-15 Page 14 Bid Proposal Stevens Creek Boulevard Class IV Bike Lane Phase 2A Project Federal-Aid Project No. CML-5318 (036), CIP Project No. 2022-15 ______________________________________________________ (“Bidder”) hereby submits this Bid Proposal to City of Cupertino (“City”) for the above-referenced project (“Project”) in response to the Notice Inviting Bids and in accordance with the Contract Documents referenced in the Notice. 1. Base Bid. Bidder proposes to perform and fully complete the Work for the Project as specified in the Contract Documents, within the time required for full completion of the Work, including all labor, materials, supplies, and equipment and all other direct or indirect costs including, but not limited to, taxes, insurance and all overhead, for the following price (“Base Bid”): $_______________________________________________________. 2. Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued for this bid. Bidder waives any claims it might have against the City based on its failure to receive, access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following addenda: Addendum: Date Received: Addendum: Date Received: #01 _____________ #05 _____________ #02 _____________ #06 _____________ #03 _____________ #07 _____________ #04 _____________ #08 _____________ 3. Bidder’s Certifications and Warranties. By signing and submitting this Bid Proposal, Bidder certifies and warrants the following: 3.1 Examination of Contract Documents. Bidder has thoroughly examined the Contract Documents and represents that, to the best of Bidder’s knowledge, there are no errors, omissions, or discrepancies in the Contract Documents, subject to the limitations of Public Contract Code § 1104. 3.2 Examination of Worksite. Bidder has had the opportunity to examine the Worksite and local conditions at the Project location. 3.3 Bidder Responsibility. Bidder is a responsible bidder, with the necessary ability, capacity, experience, skill, qualifications, workforce, equipment, and resources to perform or cause the Work to be performed in accordance with the Contract Documents and within the Contract Time. 3.4 Responsibility for Bid. Bidder has carefully reviewed this Bid Proposal and is solely responsible for any errors or omissions contained in its completed bid. All statements and information provided in this Bid Proposal and enclosures are true and correct to the best of Bidder’s knowledge. 3.5 Nondiscrimination. In preparing this bid, the Bidder has not engaged in discrimination against any prospective or present employee or Subcontractor on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status. 3.6 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Bidder is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a 161 CC 02-04-2025 161 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A BID PROPOSAL CIP Project #2022-15 Page 15 person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. 4. Award of Contract. By signing and submitting this Bid Proposal, Bidder agrees that, if City issues the Notice of Potential Award to Bidder then within ten days following issuance of the Notice of Potential Award to Bidder, Bidder will do all of the following: 4.1 Execute Contract. Enter into the Contract with City in accordance with the terms of this Bid Proposal, by signing and submitting to City the Contract prepared by City using the form included with the Contract Documents; 4.2 Submit Required Bonds. Submit to City a payment bond and a performance bond, each for 100% of the Contract Price, using the bond forms provided and in accordance with the requirements of the Contract Documents; 4.3 Insurance Requirements. Submit to City the insurance certificate(s) and endorsement(s) as required by the Contract Documents; and 4.4 Certificates of Reported Compliance. Submit to City valid Certificates of Reported Compliance for its fleet and its listed Subcontractors, if applicable, if the Project involves the use of vehicles subject to the Off-Road Regulation. (See Section 16 of the Instructions to Bidders.) 5. Bid Security. As a guarantee that, if awarded the Contract, Bidder will perform its obligations under Section 4 above, Bidder is enclosing bid security in the amount of ten percent of its maximum bid amount in one of the following forms (check one): ____ A cashier’s check or certified check payable to City and issued by _______________________________ [Bank name] in the amount of $____________________________. ____ A bid bond, using the Bid Bond form included with the Contract Documents, payable to City and executed by a surety licensed to do business in the State of California. This Bid Proposal is hereby submitted on _________________________, 20__. s/ ___________________________________ ______________________________________ Name and Title s/ ___________________________________ ______________________________________ [See Section 3 of Instructions to Bidders] Name and Title _____________________________________ ______________________________________ Company Name License #, Expiration Date, and Classification _____________________________________ ______________________________________ Address DIR Registration # _____________________________________ ______________________________________ City, State, Zip Phone _____________________________________ ______________________________________ Contact Name Contact Email END OF BID PROPOSAL 162 CC 02-04-2025 162 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A BID SCHEDULE CIP Project #2022-15 Page 16 Bid Schedule This Bid Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be provided for each Bid Item as indicated. Items marked “(SW)” are Specialty Work that must be performed by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the “Extended Total Amount” column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form. AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs) BID ITEM NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT COST EXTENDED TOTAL AMOUNT 1 Mobilization 1 LS $ $ 2 Traffic Control 1 LS $ $ 3 Temporary Water Pollution Control 1 LS $ $ 4 Field Engineering and Survey Work 1 LS $ $ 5 Remove Asphalt Concrete 1,900 SF $ $ 6 Remove Concrete (Curb and Gutter) 210 LF $ $ 7 Remove Concrete (Bus pad) 2,100 SF $ $ 8 Remove Concrete (Sidewalk) 710 SF $ $ 9 Hot Mix Asphalt (Type A) 30 TONS $ $ 10 Concrete Bus Pad 660 SF $ $ 11 Concrete Curb 515 LF $ $ 12 Concrete Bike Path 1,680 SF $ $ 13 Concrete Sidewalk/Pedestrian Platform 2,115 SF $ $ 14 Truncated Domes 330 SF $ $ 15 Trench Drain Frame and Grate 1 LS $ $ 16 Precast Concrete Block (8' long) 333 EA $ $ 17 Precast Concrete End Block (8' long) 77 EA $ $ 18 4" White Buffer Stripe 40 LF $ $ 19 12" White Thermoplastic Traffic Stripe 170 LF $ $ 20 24" White Thermoplastic Traffic Stripe 700 LF $ $ 21 Remove (E) Pavement Marking/Striping 1 LS $ $ 22 Detail 37B 120 LF $ $ 23 Detail 38 300 LF $ $ 24 Detail 39 3,200 LF $ $ 25 Detail 39A 2,800 LF $ $ 163 CC 02-04-2025 163 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A BID SCHEDULE CIP Project #2022-15 Page 17 BID ITEM NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT COST EXTENDED TOTAL AMOUNT 26 Pavement Markings 850 SF $ $ 27 Green Pavement Markings 12,320 SF $ $ 28 Furnish and Install Sign on New Pole 8 EA $ $ 29 Furnish and Install Sign on Existing Pole 5 EA $ $ 30 Furnish and Install Flexible Post 3 EA $ $ 31 Traffic Signal and Lighting System (Stevens Creek Boulevard/Wolfe Road) 1 LS $ $ 32 Traffic Signal and Lighting System (Stevens Creek Boulevard/De Anza Boulevard) 1 LS $ $ TOTAL $ TOTAL BASE BID: Items 1 through 32 inclusive: $_____________________________________ Note: The amount entered as the “Total Base Bid” should be identical to the Base Bid amount entered in Section 1 of the Bid Proposal form. BIDDER NAME: ________________________________________________________________ END OF BID SCHEDULE 164 CC 02-04-2025 164 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A SUBCONTRACTOR LIST CIP Project #2022-15 Page 18 Subcontractor List For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1% of the Bidder’s total Base Bid,1 the bidder must list a description of the Work, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price. DESCRIPTION OF WORK SUBCONTRACTOR NAME CALIFORNIA CONTRACTOR LICENSE NO. LOCATION OF BUSINESS DIR REG. NO. PERCENT OF WORK END OF SUBCONTRACTOR LIST 1 For street or highway construction, this requirement applies to any subcontract of $10,000 or more. 165 CC 02-04-2025 165 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A EQUAL EMPLOYMENT OPPORTUNITY CERT CIP Project #2022-15 Page 19 Equal Employment Opportunity Certification The bidder_________________________________________________________________, proposed subcontractor _______________________________________________, hereby certifies that he has ___ , has not ___ , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. END OF EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION 166 CC 02-04-2025 166 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A PUBLIC CONTRACT CODE STATEMENTS CIP Project #2022-15 Page 20 Public Contract Code Statement PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has ___ , has not ___ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes _____ No _____ If the answer is yes, explain the circumstances in the following space. 167 CC 02-04-2025 167 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A PUBLIC CONTRACT CODE STATEMENTS CIP Project #2022-15 Page 21 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. END OF PUBLIC CONTRACT CODE STATEMENTS 168 CC 02-04-2025 168 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A DEBARMENT AND SUSPENSION CERTIFICATION CIP Project #2022-15 Page 22 Debarment and Suspension Certification TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. END OF DEBARMENT AND SUSPENSION CERTIFICATION 169 CC 02-04-2025 169 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A SUBCONTRACTOR DEBARMENT AND SUSPENSION CIP Project #2022-15 Page 23 Subcontractor Debarment and Suspension Certification TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The Subcontractor, under penalty of perjury, certifies that, except as noted below, he/she or any other person including subcontractors associated therewith in the capacity of owner, partner, director, officer, manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Authorized Representative Name (typed) Signature Title Date Name of Company Project Name BIDDER’S SUBCONTRACTOR SHALL SUBMIT A SIGNED “SUBCONTRACTOR DEBARMENT AND SUSPENSION CERTIFICATION” NO LATER THAN 4:00 P.M. ON THE 5TH CALENDAR DAY AFTER BID OPENING FOR EACH SUBCONTRACTOR LISTED IN THE BID. FAILURE TO SUBMIT SUBCONTRACTOR CERTIFICATION MAY DEEM A BID NON-RESPONSIVE. EMAIL FORM TO JasonW@cupertino.gov Exceptions will not necessarily result in denial of award but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: The certification of this provision is a material representation of fact upon which reliance was place. Providing false information may result in criminal prosecution or administrative sanctions and the termination of the contract for default. END OF SUBCONTRACTOR DEBARMENT AND SUSPENSION CERTIFICATION 170 CC 02-04-2025 170 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A NON-LOBBYING CERTIFICATOIN CIP Project #2022-15 Page 24 Non-Lobbying Certification For Federal-Aid Contracts The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. 171 CC 02-04-2025 171 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A DISCLOSURE OF LOBBYING ACTIVITIES CIP Project #2022-15 Page 25 Disclosure of Lobbying Activities COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: e. loan guarantee year _____ quarter _________ f. loan insurance date of last report __________ 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Prime Subawardee Tier _______ , if known Congressional District, if known Congressional District, if known 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable ___________________ 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, MI) address if different from No. 10a) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ _____________ actual planned a. retainer b. one-time fee 12. Form of Payment (check all that apply): c. commission a. cash d. contingent fee b. in-kind; specify: nature ______________ e deferred value _____________ f. other, specify _________________________ 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: 15. Continuation Sheet(s) attached: Yes No 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature: ________________________________________ Print Name: ______________________________________ Title: ____________________________________________ Telephone No.: _____________________ Date: __________ Authorized for Local Reproduction Federal Use Only: Standard Form - LLL 172 CC 02-04-2025 172 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A DISCLOSURE OF LOBBYING ACTIVITIES CIP Project #2022-15 Page 26 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box. Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev. 06-04-90«ENDIF» 173 CC 02-04-2025 173 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A NON-COLLUSION DECLARATION CIP Project #2022-15 Page 27 Non-collusion Declaration TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the __________________________ [title] of _____________________________________ [business name], the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. This declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.C § 112. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______________ [date], at __________________________________ [city], _______ [state]. s/________________________________________ __________________________________________ Name [print] END OF NONCOLLUSION DECLARATION 174 CC 02-04-2025 174 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A BID BOND CIP Project #2022-15 Page 28 Bid Bond ________________________________________________________ (“Bidder”) has submitted a bid, dated ___________________________, 20______ (“Bid”), to <__________________________________________> (“City”) for work on the <_______________________________________________> Project (“Project”). Under this duly executed bid bond (“Bid Bond”), Bidder as Principal and ______________________________, its surety (“Surety”), are bound to City as obligee in the penal sum of ten percent of the maximum amount of the Bid (the “Bond Sum”). Bidder and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, as follows: 1. General. If Bidder is awarded the Contract for the Project, Bidder will enter into the Contract with City in accordance with the terms of the Bid. 2. Submittals. Within ten days following issuance of the Notice of Potential Award to Bidder, Bidder must submit to City the following: 2.1 Contract. The executed Contract, using the form provided by City in the Project contract documents (“Contract Documents”); 2.2 Payment Bond. A payment bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Payment Bond form included with the Contract Documents; 2.3 Performance Bond. A performance bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Performance Bond form included with the Contract Documents; 2.4 Insurance. The insurance certificate(s) and endorsement(s) required by the Contract Documents; 2.5 Certificates of Reported Compliance. Valid Certificates of Reported Compliance for its fleet and its listed Subcontractors, if applicable, in accordance with the In-Use Off-Road Diesel-Fueled Fleets Regulation (13 CCR § 2449 et seq.) (“Off-Road Regulation”), if the Project involves the use of vehicles subject to the Off-Road Regulation; and any other documents required by the Instructions to Bidders or Notice of Potential Award. 3. Enforcement. If Bidder fails to execute the Contract or to submit the bonds, insurance certificates, and valid Certificates of Reported Compliance as required by the Contract Documents, Surety guarantees that Bidder forfeits the Bond Sum to City. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________ 4. Duration and Waiver. If Bidder fulfills its obligations under Section 2, above, then this obligation will be null and void; otherwise, it will remain in full force and effect for 60 days following the bid opening or until this Bid Bond is returned to Bidder, whichever occurs first. Surety waives the provisions of Civil Code §§ 2819 and 2845. 175 CC 02-04-2025 175 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A BID BOND CIP Project #2022-15 Page 29 This Bid Bond is entered into and effective on ___________________, 20_____. SURETY: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title (Attach Acknowledgment with Notary Seal and Power of Attorney) BIDDER: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title END OF BID BOND 176 CC 02-04-2025 176 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A BIDDER’S QUESTIONNAIRE CIP Project #2022-15 Page 30 Bidder’s Questionnaire STEVENS CREEK BOULEVARD CLASS IV BIKE LANE PHASE 2A PROJECT Within 48 hours following a request by City, a bidder must submit to City a completed, signed Bidder’s Questionnaire using this form and all required attachments, including clearly labeled additional sheets as needed. City may request the Questionnaire from one or more of the apparent low bidders following the bid opening, and may use the completed Questionnaire as part of its investigation to evaluate a bidder’s qualifications for this Project. The Questionnaire must be filled out completely, accurately, and legibly. Any errors, omissions, or misrepresentations in completion of the Questionnaire may be grounds for rejection of the bid or termination of a Contract awarded pursuant to the bid. Part A: General Information Bidder Business Name: _______________________________________________ (“Bidder”) Check One: ___ Corporation (State of incorporation: ___________________) ___ Partnership ___ Sole Proprietorship ___ Joint Venture of: __________________________________ ___ Other: ___________________________________________ Main Office Address and Phone: ______________________________________ ________________________________________________________________ Local Office Address and Phone: _____________________________________ ________________________________________________________________ Website Address: __________________________________________________ Owner of Business: ________________________________________________ Contact Name and Title: _____________________________________________ Contact Phone and Email: ___________________________________________ Bidder’s California Contractor’s License Number(s): _______________________ Bidder’s DIR Registration Number: ____________________________________ Part B: Bidder Experience 1. How many years has Bidder been in business under its present business name? ____ years 2. Has Bidder completed projects similar in type and size to this Project as a general contractor? _____ Yes _____ No 3. Has Bidder ever been disqualified from a bid on grounds that it is not responsible, or otherwise disqualified or debarred from bidding under state or federal law? _____ Yes _____ No 177 CC 02-04-2025 177 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A BIDDER’S QUESTIONNAIRE CIP Project #2022-15 Page 31 If yes, provide additional information on a separate sheet regarding the disqualification or debarment, including the name and address of the agency or owner of the project, the type and size of the project, the reasons that Bidder was disqualified or debarred, and the month and year in which the disqualification or debarment occurred. 4. Has Bidder ever been terminated for cause, alleged default, or legal violation from a construction project, either as a general contractor or as a subcontractor? _____ Yes _____ No If yes, provide additional information on a separate sheet regarding the termination, including the name and address of the agency or owner of the subject project, the type and size of the project, whether Bidder was under contract as a general contractor or a subcontractor, the reasons that Bidder was terminated, and the month and year in which the termination occurred. 5. Provide information about Bidder’s past projects performed as general contractor as follows: 5.1 Six most recently completed public works projects within the last three years; 5.2 Three largest completed projects within the last three years; and 5.3 Any project which is similar to this Project including scope and character of the work. 6. Use separate sheets to provide all of the following information for each project identified in response to the above three categories: 6.1 Project name, location, and description; 6.2 Owner (name, address, email, and phone number); 6.3 Prime contractor, if applicable (name, address, email, and phone number); 6.4 Architect or engineer (name, email, and phone number); 6.5 Project and/or construction manager (name, email, and phone number); 6.6 Scope of work performed (as general contractor or as subcontractor); 6.7 Initial contract price and final contract price (including change orders); 6.8 Original scheduled completion date and actual date of completion; 6.9 Time extensions granted (number of days); 6.10 Number and amount of stop notices or mechanic’s liens filed; 6.11 Amount of any liquidated damages assessed against Bidder; and 6.12 Nature and resolution of any project-related claim, lawsuit, mediation, or arbitration involving Bidder. Part C: Safety 1. Provide Bidder’s Experience Modification Rate (EMR) for the last three years: Year EMR 2. Complete the following, based on information provided in Bidder’s CalOSHA Form 300 or Form 300A, Annual Summary of Work-Related Illnesses and Injuries, from the most recent past calendar year: 2.1 Number of lost workday cases: ____ 2.2 Number of medical treatment cases: ____ 2.3 Number of deaths: ____ 178 CC 02-04-2025 178 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A BIDDER’S QUESTIONNAIRE CIP Project #2022-15 Page 32 3. Has Bidder ever been cited, fined, or prosecuted by any local, state, or federal agency, including OSHA, CalOSHA, or EPA, for violation of any law, regulation, or requirements pertaining to health and safety? _____ Yes _____ No If yes, provide additional information on a separate sheet regarding each such citation, fine, or prosecution, including the name and address of the agency or owner of the project, the type and size of the project, the reasons for and nature of the citation, fine, or prosecution, and the month and year in which the incident giving rise to the citation, fine, or prosecution occurred. 4. Name, title, and email for person responsible for Bidder’s safety program: _________________________________________ ______________________ Name Title Email Part D: Verification In signing this document, I, the undersigned, declare that I am duly authorized to sign and submit this Bidder’s Questionnaire on behalf of the named Bidder, and that all responses and information set forth in this Bidder’s Questionnaire and accompanying attachments are, to the best of my knowledge, true, accurate and complete as of the date of submission. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Signature: ______________________________ Date: ________________ By: _______________________________________________________________ Name and Title END OF BIDDER’S QUESTIONNAIRE 179 CC 02-04-2025 179 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A CONTRACT CIP Project #2022-15 Page 33 Contract This public works contract (“Contract”) is entered into by and between City of Cupertino (“City”) and _______________________________________ (“Contractor”), for work on the Stevens Creek Boulevard Class IV Bike Lane Phase 2A Project, Federal-Aid Project No. CML-5318 (036), CIP Project No. 2022-15 (“Project”). The parties agree as follows: 1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On _____________, 20___, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below. City has elected to include the following Project alternate(s) in the Contract: No alternates. 2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract. 2.1 Notice Inviting Bids; 2.2 Instructions to Bidders; 2.3 Addenda, if any; 2.4 Bid Proposal and attachments thereto; 2.5 Contract; 2.6 Payment and Performance Bonds; 2.7 General Conditions; 2.8 Special Conditions; 2.9 Project Plans and Specifications; 2.10 Change Orders, if any; 2.11 Notice of Potential Award; 2.12 Notice to Proceed; and 2.13 The following: 1) Exhibit A – Form FHWA 1273 2) Exhibit B – Minimum Federal Wage Rates Determination 3) Exhibit C – Bid Schedule 3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. 4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $___________________ (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions. 180 CC 02-04-2025 180 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A CONTRACT CIP Project #2022-15 Page 34 5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 60 working days from the start date set forth in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion. 6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $4,200 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract. 7. Labor Code Compliance. 7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions. 7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR. This Project is funded in whole or in part by federal funds and therefore subject to both State and Federal hourly minimum rates for wages and fringe benefits and when the two rates differ for similar kinds of labor, the Contractor shall not pay less than the higher rate. The Minimum Federal Wage Rates Determination is hereby physically attached, in conformance with federal 10-day rule as a part of this contract (Exhibit B). This wage rate determination applies to federal-aid contracts and all work performed exceeding $2000 by subcontracts and subsequent lower-tier subcontracts and required be physically included in each executed contract. 7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions. 8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 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 provisions before commencing the performance of the Work on this Contract.” 9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract. 10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor 181 CC 02-04-2025 181 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A CONTRACT CIP Project #2022-15 Page 35 and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City. 11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows: City: Attn: Jason Wong, Senior Civil Engineer City of Cupertino – Public Works 10300 Torre Avenue Cupertino, CA 95014 PH: (408) 777-3215 Email: JasonW@cupertino.gov Contractor: Name:_____________________________________ Address:___________________________________ City/State/Zip:_______________________________ Phone:_____________________________________ Attn:_______________________________________ Email:______________________________________ Copy to:____________________________________ 12. General Provisions. 12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns. 12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract. 12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Santa Clara County, California. 12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. 12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect. 182 CC 02-04-2025 182 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A CONTRACT CIP Project #2022-15 Page 36 12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. 12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code § 313. 13. Federal Requirement. The provisions of Form FHWA 1273 is hereby physically attached, unmodified as a part of this contract (Exhibit A). This provision applies to federal-aid contracts and all work performed by subcontracts and subsequent lower-tier subcontracts and required be physically included in each executed contract. [Signatures are on the following page.] 183 CC 02-04-2025 183 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A CONTRACT CIP Project #2022-15 Page 37 The parties agree to this Contract as witnessed by the signatures below: CITY: Approved as to form: s/_______________________________ s/__________________________________ ________________________________ ___________________________________ Name, Title Name, Title Date: ___________________________ Date: ______________________________ Attest: s/_______________________________ _________________________________ Name, Title Date: ___________________________ CONTRACTOR: ___________________________________________________ Business Name s/_______________________________ Seal: _________________________________ Name, Title Date: ____________________________ Second Signature (See Section 12.8): s/_______________________________ _________________________________ Name, Title Date: ____________________________ ___________________________________________________ Contractor’s California License Number(s) and Expiration Date(s) END OF CONTRACT 184 CC 02-04-2025 184 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A PAYMENT BOND CIP Project #2022-15 Page 38 Payment Bond The City of Cupertino (“City”) and ________________________ (“Contractor”) have entered into a contract for work on the Stevens Creek Boulevard Class IV Bike Lane Phase 2A Project, Federal-Aid Project No. CML-5318 (036), CIP Project No. 2022-15 (“Project”). The Contract is incorporated by reference into this Payment Bond (“Bond”). 1. General. Under this Bond, Contractor as principal and ____________________________, its surety (“Surety”), are bound to City as obligee in an amount not less than $_________________, under California Civil Code § 9550 et seq., to ensure payment to authorized claimants. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor. 2. Surety’s Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code § 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors under California Unemployment Insurance Code § 13020 with respect to the work and labor, then Surety will pay the obligation. 3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code § 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond. 4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect. 5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. City waives the requirement of a new bond for any supplemental contract under Civil Code § 9550. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows: Attn: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Email: ____________________________________________________ 6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Santa Clara County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond. [Signatures are on the following page.] 185 CC 02-04-2025 185 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A PAYMENT BOND CIP Project #2022-15 Page 39 7. Effective Date; Execution. This Bond is entered into and is effective on __________, 20__. SURETY: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title APPROVED BY CITY: s/ __________________________________ ______________________________ Date ____________________________________ Name, Title END OF PAYMENT BOND 186 CC 02-04-2025 186 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A PERFORMANCE BOND CIP Project #2022-15 Page 40 Performance Bond The City of Cupertino (“City”) and __________________________ (“Contractor”) have entered into a contract for work on the Stevens Creek Boulevard Class IV Bike Lane Phase 2A Project, Federal-Aid Project No. CML-5318 (036), CIP Project No. 2022-15 (“Project”). The Contract is incorporated by reference into this Performance Bond (“Bond”). 1. General. Under this Bond, Contractor as principal and ___________________________, its surety (“Surety”), are bound to City as obligee for an amount not less than $__________________ to ensure Contractor’s faithful performance of its obligations under the Contract. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor. 2. Surety’s Obligations. Surety’s obligations are co-extensive with Contractor’s obligations under the Contract. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety’s obligations under this Bond will become null and void. Otherwise, Surety’s obligations will remain in full force and effect. 3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. 4. Application of Contract Balance. Upon making a demand on this Bond for completion of the Work prior to acceptance of the Project, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which City is entitled under the terms of the Contract. 5. Contractor Default. Upon written notification from City of Contractor’s termination for default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action: 5.1 Arrange for completion of the Work under the Contract by Contractor, with City’s consent, but only if Contractor is in default solely due to its financial inability to complete the Work; 5.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety’s expense; or 5.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City’s costs to have the remaining Work completed. 6. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety’s default, including legal, design professional, or delay costs. 187 CC 02-04-2025 187 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A PERFORMANCE BOND CIP Project #2022-15 Page 41 7. Notice. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows: Attn: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________ 8. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Santa Clara County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond. 9. Effective Date; Execution. This Bond is entered into and effective on ____________________, 20___. SURETY: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title APPROVED BY CITY: s/ __________________________________ ______________________________ Date ____________________________________ Name, Title END OF PERFORMANCE BOND 188 CC 02-04-2025 188 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 42 General Conditions Article 1 - Definitions Definitions. The following definitions apply to all of the Contract Documents unless otherwise indicated, e.g., additional definitions that apply solely to the Specifications or other technical documents. Defined terms and titles of documents are capitalized in the Contract Documents, with the exception of the following (in any tense or form): “day,” “furnish,” “including,” “install,” “work day” or “working day.” Allowance means a specific amount that must be included in the Bid Proposal for a specified purpose. Article, as used in these General Conditions, means a numbered Article of the General Conditions, unless otherwise indicated by the context. Change Order means a written document duly approved and executed by City, which changes the scope of Work, the Contract Price, or the Contract Time. City means the municipality which has entered into the Contract with Contractor for performance of the Work, acting through its City Council, officers, employees, City Engineer, and any other authorized representatives. City Engineer means the City Engineer for City and his or her authorized delegee(s). Claim means a separate demand by Contractor for a change in the Contract Time or Contract Price, that has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been rejected by City, in whole or in part; or a written demand by Contractor objecting to the amount of Final Payment. Contract means the signed agreement between City and Contractor for performing the Work required for the Project, and all documents expressly incorporated therein. Contract Documents means, collectively, all of the documents listed as such in Section 2 of the Contract, including the Notice Inviting Bids; the Instructions to Bidders; addenda, if any; the Bid Proposal, and attachments thereto; the Contract; the Notice of Potential Award and Notice to Proceed; the payment and performance bonds; the General Conditions; the Special Conditions; the Project Plans and Specifications; any Change Orders; and any other documents which are clearly and unambiguously made part of the Contract Documents. The Contract Documents do not include documents provided “For Reference Only,” or documents that are intended solely to provide information regarding existing conditions. Contract Price means the total compensation to be paid to Contractor for performance of the Work, as set forth in the Contract and as may be amended by Change Order or adjusted for an Allowance. The Contract Price is not subject to adjustment due to inflation or due to the increased cost of labor, material, supplies or equipment following submission of the Bid Proposal. Contract Time means the time specified for complete performance of the Work, as set forth in the Contract and as may be amended by Change Order. Contractor means the individual, partnership, corporation, or joint-venture that has signed the Contract with City to perform the Work. Day means a calendar day unless otherwise specified. 189 CC 02-04-2025 189 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 43 Design Professional means the licensed individual(s) or firm(s) retained by City to provide architectural, engineering, or other design professional services for the Project. If no Design Professional has been retained for this Project, any reference to Design Professional is deemed to refer to the Engineer. DIR means the California Department of Industrial Relations. Drawings has the same meaning as Plans. Engineer means the City Engineer for the City of Cupertino and his or her authorized delegees. Excusable Delay is defined in Section 5.3(B), Excusable Delay. Extra Work means new or unforeseen work added to the Project, as determined by the Engineer in his or her sole discretion, including Work that was not part of or incidental to the scope of the Work when the Contractor’s bid was submitted; Work that is substantially different from the Work as described in the Contract Documents at bid time; or Work that results from a substantially differing and unforeseeable condition. Final Completion means Contractor has fully completed all of the Work required by the Contract Documents to the City’s satisfaction, including all punch list items and any required commissioning or training, and has provided the City with all required submittals, including the instructions and manuals, product warranties, and as-built drawings. Final Payment means payment to Contractor of the unpaid Contract Price, including release of undisputed retention, less amounts withheld or deducted pursuant to the Contract Documents. Furnish means to purchase and deliver for the Project. Government Code Claim means a claim submitted pursuant to California Government Code § 900 et seq. Hazardous Materials means any substance or material identified now or in the future as hazardous under any Laws, or any other substance or material that may be considered hazardous or otherwise subject to Laws governing handling, disposal, or cleanup. Including, whether or not capitalized, means “including, but not limited to,” unless the context clearly requires otherwise. Inspector means the individual(s) or firm(s) retained or employed by City to inspect the workmanship, materials, and manner of construction of the Project and its components to ensure compliance with the Contract Documents and all Laws. Install means to fix in place for materials, and to fix in place and connect for equipment. Laws means all applicable local, state, and federal laws, regulations, rules, codes, ordinances, permits, orders, and the like enacted or imposed by or under the auspices of any governmental entity with jurisdiction over any of the Work or any performance of the Work, including health and safety requirements. Non-Excusable Delay is defined in Section 5.3(D), Non-Excusable Delay. Plans means the City-provided plans, drawings, details, or graphical depictions of the Project requirements, but does not include Shop Drawings. 190 CC 02-04-2025 190 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 44 Project means the public works project referenced in the Contract, as modified by any Project alternates elected by City, if any. Project Manager means the individual designated by City to oversee and manage the Project on City’s behalf and may include his or her authorized delegee(s) when the Project Manager is unavailable. If no Project Manager has been designated for this Project, any reference to Project Manager is deemed to refer to the Engineer. Recoverable Costs is defined in Section 5.3(F), Recoverable Costs. Request for Information or RFI means Contractor’s written request for information about the Contract Documents, the Work or the Project, submitted to City in the manner and format specified by City. Section, when capitalized in these General Conditions, means a numbered section or subsection of the General Conditions, unless the context clearly indicates otherwise. Shop Drawings means drawings, plan details or other graphical depictions prepared by or on behalf of Contractor, and subject to City acceptance, which are intended to provide details for fabrication, installation, and the like, of items required by or shown in the Plans or Specifications. Specialty Work means Work that must be performed by a specialized Subcontractor with the specified license or other special certification, and that the Contractor is not qualified to self- perform. Specifications means the technical, text specifications describing the Project requirements, which are prepared for and incorporated into the Contract by or on behalf of City, and does not include the Contract, General Conditions or Special Conditions. Subcontractor means an individual, partnership, corporation, or joint-venture retained by Contractor directly or indirectly through a subcontract to perform a specific portion of the Work. The term Subcontractor applies to subcontractors of all tiers, unless otherwise indicated by the context. A third party such as a utility performing related work on the Project is not a Subcontractor, even if Contractor must coordinate its Work with the third party. Technical Specifications has the same meaning as Specifications. Work means all of the construction and services necessary for or incidental to completing the Project in conformance with the requirements of the Contract Documents. Work Day or Working Day, whether or not capitalized, means a weekday when the City is open for business, and does not include holidays observed by the City. Working day shall be consistent with the definition in Caltrans Standard Specifications Section 1-1.07. Holidays observed by the City and furlough days are: a. New Year’s Day, January 1; b. Martin Luther King Jr.’s Birthday, third Monday in January; c. Lunar New Year, date varies, approximately the first week in February; d. Presidents’ Day, third Monday in February; e. Cesar Chavez Day, March 31 or April 1 observed f. Memorial Day, last Monday in May; g. Juneteenth, June 19 191 CC 02-04-2025 191 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 45 h. Independence Day, July 4; i. Labor Day, first Monday in September; j. Veterans’ Day, November 11; k. Thanksgiving Day, as designated by the President; l. The Day following Thanksgiving Day; m. Christmas Day, December 25; n. City Closure, December 24, 26, 27,28,29,30 and 31: and each day appointed by the Governor of California and formally recognized by the Santa Clara County Board of Supervisors as a day of mourning, thanksgiving, or special observance. Worksite means the place or places where the Work is performed, which includes, but may extend beyond the Project site, including separate locations for staging, storage, or fabrication. Article 2 - Roles and Responsibilities 2.1 City. (A) City Council. The City Council has final authority in all matters affecting the Project, except to the extent it has delegated authority to the Engineer. (B) Engineer. The Engineer, acting within the authority conferred by the City Council, is responsible for administration of the Project on behalf of City, including authority to provide directions to the Design Professional and to Contractor to ensure proper and timely completion of the Project. The Engineer’s decisions are final and conclusive within the scope of his or her authority, including interpretation of the Contract Documents. (C) Project Manager. The Project Manager assigned to the Project will be the primary point of contact for the Contractor and will serve as City’s representative for daily administration of the Project on behalf of City. Unless otherwise specified, all of Contractor’s communications to City (in any form) will go to or through the Project Manager. City reserves the right to reassign the Project Manager role at any time or to delegate duties to additional City representatives, without prior notice to or consent of Contractor. (D) Design Professional. The Design Professional is responsible for the overall design of the Project and, to the extent authorized by City, may act on City’s behalf to ensure performance of the Work in compliance with the Plans and Specifications, including any design changes authorized by Change Order. The Design Professional’s duties may include review of Contractor’s submittals, visits to any Worksite, inspecting the Work, evaluating test and inspection results, and participation in Project-related meetings, including any pre-construction conference, weekly meetings, and coordination meetings. The Design Professional’s interpretation of the Plans or Specifications is final and conclusive. 2.2 Contractor. (A) General. Contractor must provide all labor, materials, supplies, equipment, services, and incidentals necessary to perform and timely complete the Work in strict accordance with the Contract Documents, and in an economical and efficient manner in the best interests of City, and with minimal inconvenience to the public. 192 CC 02-04-2025 192 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 46 (B) Responsibility for the Work and Risk of Loss. Contractor is responsible for supervising and directing all aspects of the Work to facilitate the efficient and timely completion of the Work. Contractor is solely responsible for and required to exercise full control over the Work, including the construction means, methods, techniques, sequences, procedures, safety precautions and programs, and coordination of all portions of the Work with that of all other contractors and Subcontractors, except to the extent that the Contract Documents provide other specific instructions. Contractor’s responsibilities extend to any plan, method or sequence suggested, but not required by City or specified in the Contract Documents. From the date of commencement of the Work until either the date on which City formally accepts the Project or the effective date of termination of the Contract, whichever is later, Contractor bears all risks of injury or damage to the Work and the materials and equipment delivered to any Worksite, by any cause including fire, earthquake, wind, weather, vandalism or theft. (C) Project Administration. Contractor must provide sufficient and competent administration, staff, and skilled workforce necessary to perform and timely complete the Work in accordance with the Contract Documents. Before starting the Work, Contractor must designate in writing and provide complete contact information, including telephone numbers and email address, for the officer or employee in Contractor’s organization who is to serve as Contractor’s primary representative for the Project, and who has authority to act on Contractor’s behalf. A Subcontractor may not serve as Contractor’s primary representative. (D) On-Site Superintendent. Contractor must, at all times during performance of the Work, provide a qualified and competent full-time superintendent acceptable to City, and assistants as necessary, who must be physically present at the Project site while any aspect of the Work is being performed. The superintendent must have full authority to act and communicate on behalf of Contractor, and Contractor will be bound by the superintendent’s communications to City. City’s approval of the superintendent is required before the Work commences. If City is not satisfied with the superintendent’s performance, City may request a qualified replacement of the superintendent. Failure to comply may result in temporary suspension of the Work, at Contractor’s sole expense and with no extension of Contract Time, until an approved superintendent is physically present to supervise the Work. Contractor must provide written notice to City, as soon as practicable, before replacing the superintendent. (E) Standards. Contractor must, at all times, ensure that the Work is performed in an efficient, skillful manner following best practices and in full compliance with the Contract Documents, Laws, and applicable manufacturer’s recommendations. Contractor has a material and ongoing obligation to provide true and complete information, to the best of its knowledge, with respect to all records, documents, or communications pertaining to the Project, including oral or written reports, statements, certifications, Change Order requests, or Claims. (F) Meetings. Contractor, its project manager, superintendent and any primary Subcontractors requested by City, must attend a pre-construction conference, if requested by City, as well as weekly Project progress meetings scheduled with City. If applicable, Contractor may also be required to participate in coordination meetings with other parties relating to other work being performed on or near the Project site or in relation to the Project, including work or activities performed by City, other contractors, or other utility owners. (G) Construction Records. Contractor will maintain up-to-date, thorough, legible, and dated daily job reports, which document all significant activity on the Project for each day that Work is performed on the Project. The daily report for each day must include the number of workers at the Project site; primary Work activities; major deliveries; problems 193 CC 02-04-2025 193 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 47 encountered, including injuries, if any; weather and site conditions; and delays, if any. Contractor will take date and time-stamped photographs to document general progress of the Project, including site conditions prior to construction activities, before and after photographs at offset trench laterals, existing improvements and utilities, damage and restoration. Contractor will maintain copies of all subcontracts, Project-related correspondence with Subcontractors, and records of meetings with Subcontractors. Upon request by the City, Contractor will permit review of and/or provide copies of any of these construction records. (H) Responsible Party. Contractor is solely responsible to City for the acts or omissions of any Subcontractors, or any other party or parties performing portions of the Work or providing equipment, materials or services for or on behalf of Contractor or the Subcontractors. Upon City’s written request, Contractor must promptly and permanently remove from the Project, at no cost to City, any employee or Subcontractor or employee of a Subcontractor who the Engineer has determined to be incompetent, intemperate or disorderly, or who has failed or refused to perform the Work as required under the Contract Documents. (I) Correction of Defects. Contractor must promptly correct, at Contractor’s sole expense, any Work that is determined by City to be deficient or defective in any way, including workmanship, materials, parts or equipment. Workmanship, materials, parts or equipment that do not conform to the requirements under the Plans, Specifications and other Contract Documents, as determined by City, will be considered defective and subject to rejection. Contractor must also promptly correct, at Contractor’s sole expense, any Work performed beyond the lines and grades shown on the Plans or established by City, and any Extra Work performed without City’s prior written approval. If Contractor fails to correct or to take reasonable steps toward correcting defective Work within five days following notice from City, or within the time specified in City’s notice to correct, City may elect to have the defective Work corrected by its own forces or by a third party, in which case the cost of correction will be deducted from the Contract Price. If City elects to correct defective Work due to Contractor’s failure or refusal to do so, City or its agents will have the right to take possession of and use any equipment, supplies, or materials available at the Project site or any Worksite on City property, in order to effectuate the correction, at no extra cost to City. Contractor’s warranty obligations under Section 11.2, Warranty, will not be waived nor limited by City’s actions to correct defective Work under these circumstances. Alternatively, City may elect to retain defective Work, and deduct the difference in value, as determined by the Engineer, from payments otherwise due to Contractor. This paragraph applies to any defective Work performed by Contractor during the one-year warranty period under Section 11.2. (J) Contractor’s Records. Contractor must maintain all of its records relating to the Project in any form, including paper documents, photos, videos, electronic records, approved samples, and the construction records required pursuant to paragraph (G), above. Project records subject to this provision include complete Project cost records and records relating to preparation of Contractor’s bid, including estimates, take-offs, and price quotes or bids. (1) Contractor’s cost records must include all supporting documentation, including original receipts, invoices, and payroll records, evidencing its direct costs to perform the Work, including, but not limited to, costs for labor, materials and equipment. Each cost record should include, at a minimum, a description of the expenditure with references to the applicable requirements of the Contract Documents, the amount actually paid, the date of payment, and whether the expenditure is part of the original Contract Price, related to an executed Change Order, or otherwise categorized by Contractor as Extra Work. Contractor’s failure 194 CC 02-04-2025 194 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 48 to comply with this provision as to any claimed cost operates as a waiver of any rights to recover the claimed cost. (2) Contractor must continue to maintain its Project-related records in an organized manner for a period of five years after City’s acceptance of the Project or following Contract termination, whichever occurs first. Subject to prior notice to Contractor, City is entitled to inspect or audit any of Contractor’s records relating to the Project during Contractor’s normal business hours. Contractor’s records may also be subject to examination and audit by the California State Auditor, pursuant to Government Code § 8546.7. The record-keeping requirements set forth in this subsection 2.2(J) will survive expiration or termination of the Contract. (K) Copies of Project Documents. Contractor and its Subcontractors must keep copies, at the Project site, of all Work-related documents, including the Contract, permit(s), Plans, Specifications, addenda, Contract amendments, Change Orders, RFIs and RFI responses, Shop Drawings, as-built drawings, schedules, daily records, testing and inspection reports or results, and any related written interpretations. These documents must be available to City for reference at all times during construction of the Project. 2.3 Subcontractors. (A) General. All Work which is not performed by Contractor with its own forces must be performed by Subcontractors. City reserves the right to approve or reject any and all Subcontractors proposed to perform the Work, for reasons including the Subcontractor’s poor reputation, lack of relevant experience, financial instability, and lack of technical ability or adequately trained workforce. Each Subcontractor must obtain a City business license before performing any Work. (B) Contractual Obligations. Contractor must require each Subcontractor to comply with the provisions of the Contract Documents as they apply to the Subcontractor’s portion(s) of the Work, including the generally applicable terms of the Contract Documents, and to likewise bind their subcontractors. Contractor will provide that the rights that each Subcontractor may have against any manufacturer or supplier for breach of warranty or guarantee relating to items provided by the Subcontractor for the Project, will be assigned to City. Nothing in these Contract Documents creates a contractual relationship between a Subcontractor and City, but City is deemed to be a third-party beneficiary of the contract between Contractor and each Subcontractor. (C) Termination. If the Contract is terminated, each Subcontractor’s agreement must be assigned by Contractor to City, subject to the prior rights of any surety, but only if and to the extent that City accepts, in writing, the assignment by written notification, and assumes all rights and obligations of Contractor pursuant to each such subcontract agreement. (D) Substitution of Subcontractor. If Contractor requests substitution of a listed Subcontractor under Public Contract Code § 4107, Contractor is solely responsible for all costs City incurs in responding to the request, including legal fees and costs to conduct a hearing, and any increased subcontract cost to perform the Work that was to be performed by the listed Subcontractor. If City determines that a Subcontractor is unacceptable to City based on the Subcontractor’s failure to satisfactorily perform its Work, or for any of the grounds for substitution listed in Public Contract Code § 4107(a), City may request removal of the Subcontractor from the Project. Upon receipt of a written request from City to remove a Subcontractor pursuant to this paragraph, Contractor will immediately remove the Subcontractor from the Project and, at no further cost to City, will 195 CC 02-04-2025 195 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 49 either (1) self-perform the remaining Work to the extent that Contractor is duly licensed and qualified to do so, or (2) substitute a Subcontractor that is acceptable to City, in compliance with Public Contract Code § 4107, as applicable. 2.4 Coordination of Work. (A) Concurrent Work. City reserves the right to perform, have performed, or permit performance of other work on or adjacent to the Project site while the Work is being performed for the Project. Contractor is responsible for coordinating its Work with other work being performed on or adjacent to the Project site, including by any utility companies or agencies, and must avoid hindering, delaying, or interfering with the work of other contractors, individuals, or entities, and must ensure safe and reasonable site access and use as required or authorized by City. To the full extent permitted by law, Contractor must hold harmless and indemnify City against any and all claims arising from or related to Contractor’s avoidable, negligent, or willful hindrance of, delay to, or interference with the work of any utility company or agency or another contractor or subcontractor. (B) Coordination. If Contractor’s Work will connect or interface with work performed by others, Contractor is responsible for independently measuring and visually inspecting such work to ensure a correct connection and interface. Contractor is responsible for any failure by Contractor or its Subcontractors to confirm measurements before proceeding with connecting Work. Before proceeding with any portion of the Work affected by the construction or operations of others, Contractor must give the Project Manager prompt written notification of any defects Contractor discovers which will prevent the proper execution of the Work. Failure to give notice of any known or reasonably discoverable defects will be deemed acknowledgement by Contractor that the work of others is not defective and will not prevent the proper execution of the Work. Contractor must also promptly notify City if work performed by others, including work or activities performed by City’s own forces, is operating to hinder, delay, or interfere with Contractor’s timely performance of the Work. City reserves the right to backcharge Contractor for any additional costs incurred due to Contractor’s failure to comply with the requirements in this Section 2.4. 2.5 Submittals. Unless otherwise specified, Contractor must submit to the Engineer for review and acceptance, all schedules, Shop Drawings, samples, product data, and similar submittals required by the Contract Documents, or upon request by the Engineer. Unless otherwise specified, all submittals, including Requests for Information, are subject to the general provisions of this Section, as well as specific submittal requirements that may be included elsewhere in the Contract Documents, including the Special Conditions or Specifications. The Engineer may require submission of a submittal schedule at or before a pre-construction conference, as may be specified in the Notice to Proceed. (A) General. Contractor is responsible for ensuring that its submittals are accurate and conform to the Contract Documents. (B) Time and Manner of Submission. Contractor must ensure that its submittals are prepared and delivered in a manner consistent with the current City-accepted schedule for the Work and within the applicable time specified in the Contract Documents, or if no time is specified, in such time and sequence so as not to delay the performance of the Work or completion of the Project. (C) Required Contents. Each submittal must include the Project name and contract number, Contractor’s name and address, the name and address of any Subcontractor or supplier involved with the submittal, the date, and references to applicable Specification section(s) and/or drawing and detail number(s). 196 CC 02-04-2025 196 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 50 (D) Required Corrections. If corrections are required, Contractor must promptly make and submit any required corrections as specified in full conformance with the requirements of this Section, or other requirements that apply to that submittal. (E) Effect of Review and Acceptance. Review and acceptance of a submittal by City will not relieve Contractor from complying with the requirements of the Contract Documents. Contractor is responsible for any errors in any submittal, and review or acceptance of a submittal by City is not an assumption of risk or liability by City. (F) Enforcement. Any Work performed or any material furnished, installed, fabricated or used without City’s prior acceptance of a required submittal is performed or provided at Contractor’s risk, and Contractor may be required to bear the costs incident thereto, including the cost of removing and replacing such Work, repairs to other affected portions of the Work or material, and the cost of additional time or services required of City, including costs for the Design Professional, Project Manager, or Inspector. (G) Excessive RFIs. A RFI will be considered excessive or unnecessary if City determines that the explanation or response to the RFI is clearly and unambiguously discernable from the Contract Documents. City’s costs to review and respond to excessive or unnecessary RFIs may be deducted from payments otherwise due to Contractor. 2.6 Shop Drawings. When Shop Drawings are required by the Specifications or requested by the Engineer, they must be prepared according to best practices at Contractor’s expense. The Shop Drawings must be of a size and scale to clearly show all necessary details. Unless otherwise specified by City, Shop Drawings must be provided to the Engineer for review and acceptance at least 30 days before the Work will be performed. If City requires changes, the corrected Shop Drawings must be resubmitted to the Engineer for review within the time specified by the Engineer. For all Project components requiring Shop Drawings, Contractor will not furnish materials or perform any Work until the Shop Drawings for those components are accepted by City. Contractor is responsible for any errors or omissions in the Shop Drawings, shop fits and field corrections; any deviations from the Contract Documents; and for the results obtained by the use of Shop Drawings. Acceptance of Shop Drawings by City does not relieve Contractor of Contractor’s responsibility. 2.7 Access to Work. Contractor must afford prompt and safe access to any Worksite by City and its employees, agents, or consultants authorized by City; and upon request by City, Contractor must promptly arrange for City representatives to visit or inspect manufacturing sites or fabrication facilities for items to be incorporated into the Work. 2.8 Personnel. Contractor and its Subcontractors must employ only competent and skillful personnel to perform the Work. Contractor and its Subcontractor’s supervisors, security or safety personnel, and employees who have unescorted access to the Project site must possess proficiency in English sufficient to read, understand, receive, and implement oral or written communications or instructions relating to their respective job functions, including safety and security requirements. Upon written notification from the Engineer, Contractor and its Subcontractors must immediately discharge any personnel who are incompetent, disorderly, disruptive, threatening, abusive, or profane, or otherwise refuse or fail to comply with the requirements of the Contract Documents or Laws, including Laws pertaining to health and safety. Any such discharged personnel may not be re- employed or permitted on the Project in any capacity without City’s prior written consent. 197 CC 02-04-2025 197 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 51 Article 3 - Contract Documents 3.1 Interpretation of Contract Documents. (A) Plans and Specifications. The Plans and Specifications included in the Contract Documents are complementary. If Work is shown on one but not on the other, Contractor must perform the Work as though fully described on both, consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. The Plans and Specifications are deemed to include and require everything necessary and reasonably incidental to completion of the Work, whether or not particularly mentioned or shown. Contractor must perform all Work and services and supply all things reasonably related to and inferable from the Contract Documents. In the event of a conflict between the Plans and Specifications, the Specifications will control, unless the drawing(s) at issue are dated later than the Specification(s) at issue. Detailed drawings take precedence over general drawings, and large-scale drawings take precedence over smaller scale drawings. Any arrangement or division of the Plans and Specifications into sections is for convenience and is not intended to limit the Work required by separate trades. A conclusion presented in the Plans or Specifications is only a recommendation. Actual locations and depths must be determined by Contractor’s field investigation. Contractor may request access to underlying or background information in City’s possession that is necessary for Contractor to form its own conclusions. (B) Duty to Notify and Seek Direction. If Contractor becomes aware of a changed condition in the Project, or of any ambiguity, conflict, inconsistency, discrepancy, omission, or error in the Contract Documents, including the Plans or Specifications, Contractor must promptly submit a Request for Information to the Engineer and wait for a response from City before proceeding further with the related Work. The RFI must notify City of the issue and request clarification, interpretation or direction. The Engineer’s clarification, interpretation or direction will be final and binding on Contractor. If Contractor proceeds with the related Work before obtaining City’s response, Contractor will be responsible for any resulting costs, including the cost of correcting any incorrect or defective Work that results. Timely submission of a clear and complete RFI is essential to avoiding delay. Delay resulting from Contractor’s failure to submit a timely and complete RFI to the Engineer is Non-Excusable Delay. If Contractor believes that City’s response to an RFI justifies a change to the Contract Price or Contract Time, Contractor must perform the Work as directed, but may submit a timely Change Order request in accordance with the Contract Documents. (See Articles 5 and 6.) (C) Figures and Dimensions. Figures control over scaled dimensions. (D) Technical or Trade Terms. Any terms that have well-known technical or trade meanings will be interpreted in accordance with those meanings, unless otherwise specifically defined in the Contract Documents. (E) Measurements. Contractor must verify all relevant measurements in the Contract Documents and at the Project site before ordering any material or performing any Work, and will be responsible for the correctness of those measurements or for costs that could have been avoided by independently verifying measurements. (F) Compliance with Laws. The Contract Documents are intended to comply with Laws and will be interpreted to comply with Laws. 3.2 Order of Precedence. Information included in one Contract Document but not in another will not be considered a conflict or inconsistency. Unless otherwise specified in the Special Conditions, in case of any conflict or inconsistency among the Contract 198 CC 02-04-2025 198 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 52 Documents, the following order of precedence will apply, beginning from highest to lowest, with the most recent version taking precedent over an earlier version: (A) Change Orders; (B) Addenda; (C) Contract; (D) Notice to Proceed; (E) Attachment B – Federal Contract Requirements (only if used); (F) Special Conditions; (G) General Conditions; (H) Payment and Performance Bonds; (I) Specifications; (J) Plans; (K) Notice of Potential Award; (L) Notice Inviting Bids; (M) Attachment A – Federal Bidding Requirements (only if used); (N) Instructions to Bidders; (O) Contractor’s Bid Proposal and attachments; (P) the City’s standard specifications, as applicable; and (Q) Any generic documents prepared by and on behalf of a third party, that were not prepared specifically for this Project, such as the Caltrans Standard Specifications or Caltrans Special Provisions. 3.3 Caltrans Standard Specifications. Any reference to or incorporation of the Standard Specifications of the State of California, Department of Transportation (“Caltrans”), including “Standard Specifications,” “Caltrans Specifications,” “State Specifications,” or “CSS,” means the most current edition of Caltrans’ Standard Specifications, unless otherwise specified (“Caltrans Standard Specifications”), including the most current amendments as of the date that Contractor’s bid was submitted for this Project. The following provisions apply to use of or reference to the Caltrans Standard Specifications or Special Provisions: (A) Limitations. The “General Provisions” of the Caltrans Standard Specifications, i.e., sections 1 through 9, do not apply to these Contract Documents with the exception of any specific provisions, if any, which are expressly stated to apply to these Contract Documents. (B) Conflicts or Inconsistencies. If there is a conflict or inconsistency between any provision in the Caltrans Standard Specifications or Special Provisions and a provision of these Contract Documents, as determined by City, the provision in the Contract Documents will govern. (C) Meanings. Terms used in the Caltrans Standard Specifications or Special Provisions are to be interpreted as follows: (1) Any reference to the “Engineer” is deemed to mean the City Engineer. (2) Any reference to the “Special Provisions” is deemed to mean the Special Conditions, unless the Caltrans Special Provisions are expressly included in the Contract Documents listed in Section 2 of the Contract. (3) Any reference to the “Department” or “State” is deemed to mean City. 3.4 For Reference Only. Contractor is responsible for the careful review of any document, study, or report provided by City or appended to the Contract Documents solely for informational purposes and identified as “For Reference Only.” Nothing in any document, 199 CC 02-04-2025 199 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 53 study, or report so appended and identified is intended to supplement, alter, or void any provision of the Contract Documents. Contractor is advised that City or its representatives may be guided by information or recommendations included in such reference documents, particularly when making determinations as to the acceptability of proposed materials, methods, or changes in the Work. Any record drawings or similar final or accepted drawings or maps that are not part of the Contract Documents are deemed to be For Reference Only. The provisions of the Contract Documents are not modified by any perceived or actual conflict with provisions in any document that is provided For Reference Only. 3.5 Current Versions. Unless otherwise specified by City , any reference to standard specifications, technical specifications, or any City or state codes or regulations means the latest specification, code or regulation in effect on the date that bids were due. 3.6 Conformed Copies. If City prepares a conformed set of the Contract Documents following award of the Contract, it will provide Contractor with two hard copy (paper) sets and one copy of the electronic file in PDF format. It is Contractor’s responsibility to ensure that all Subcontractors, including fabricators, are provided with the conformed set of the Contract Documents at Contractor’s sole expense. 3.7 Ownership. No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. Contractor is deemed to have conveyed the copyright in any designs, drawings, specifications, Shop Drawings, or other documents (in paper or electronic form) developed by Contractor for the Project, and City will retain all rights to such works, including the right to possession. Article 4 - Bonds, Indemnity, and Insurance 4.1 Payment and Performance Bonds. Within ten days following issuance of the Notice of Potential Award, Contractor is required to provide a payment bond and a performance bond, each in the penal sum of not less than 100% of the Contract Price, and each executed by Contractor and its surety using the bond forms included with the Contract Documents. (A) Surety. Each bond must be issued and executed by a surety admitted in California. If an issuing surety cancels the bond or becomes insolvent, within seven days following written notice from City, Contractor must substitute a surety acceptable to City. If Contractor fails to substitute an acceptable surety within the specified time, City may, at its sole discretion, withhold payment from Contractor until the surety is replaced to City’s satisfaction, or terminate the Contract for default. (B) Supplemental Bonds for Increase in Contract Price. If the Contract Price increases during construction by five percent or more over the original Contract Price, Contractor must provide supplemental or replacement bonds within ten days of written notice from City pursuant to this Section, covering 100% of the increased Contract Price and using the bond forms included with the Contract Documents. 4.2 Indemnity. To the fullest extent permitted by law, Contractor must indemnify, defend, and hold harmless City, its Council, officers, officials, employees, agents, volunteers, and consultants (individually, an “Indemnitee,” and collectively the “Indemnitees”) from and against any and all liability, loss, damage, claims, causes of action, demands, charges, fines, costs, and expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, Subcontractors, representatives, or agents, in bidding or performing the Work 200 CC 02-04-2025 200 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 54 or in failing to comply with any obligation of Contractor under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnity requirement applies to any Liability arising from alleged defects in the content or manner of submission of Contractor’s bid for the Contract. Contractor’s failure or refusal to timely accept a tender of defense pursuant to this Contract will be deemed a material breach of the Contract. City will timely notify Contractor upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code § 9201. Contractor waives any right to express or implied indemnity against any Indemnitee. Contractor’s indemnity obligations under this Contract will survive the expiration or any early termination of the Contract. 4.3 Insurance. No later than ten days following issuance of the Notice of Potential Award, Contractor must procure and provide proof of the insurance coverage required by this Section in the form of certificates and endorsements acceptable to City. The required insurance must cover the activities of Contractor and its Subcontractors relating to or arising from the performance of the Work, and must remain in full force and effect at all times during the period covered by the Contract, through the date of City’s acceptance of the Project. All required insurance must be issued by a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VIII” or better. If Contractor fails to provide any of the required coverage in full compliance with the requirements of the Contract Documents, City may, at its sole discretion, purchase such coverage at Contractor’s expense and deduct the cost from payments due to Contractor, or terminate the Contract for default. The procurement of the required insurance will not be construed to limit Contractor’s liability under this Contract or to fulfill Contractor’s indemnification obligations under this Contract. (A) Policies and Limits. The following insurance policies and limits are required for this Contract, unless otherwise specified in the Special Conditions: (1) Commercial General Liability (“CGL”) Insurance: The CGL insurance policy must be issued on an occurrence basis, written on a comprehensive general liability form, and must include coverage for liability arising from Contractor’s or its Subcontractor’s acts or omissions in the performance of the Work, including contractor’s protective coverage, contractual liability, products and completed operations, and broad form property damage, with limits of at least $2,000,000 per occurrence and at least $4,000,000 general aggregate. The CGL insurance coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth in this Section, including required endorsements. (2) Automobile Liability Insurance: The automobile liability insurance policy must provide coverage of at least $2,000,000 combined single-limit per accident for bodily injury, death, or property damage, including hired and non-owned auto liability. (3) Workers’ Compensation Insurance and Employer’s Liability: The workers’ compensation and employer’s liability insurance policy must comply with the requirements of the California Labor Code, providing coverage of at least $1,000,000 or as otherwise required by the statute. If Contractor is self-insured, Contractor must provide its Certificate of Permission to Self-Insure, duly authorized by the DIR. (4) Pollution Liability Insurance: The pollution liability insurance policy must be issued on an occurrence basis, providing coverage of at least $2,000,000 for all 201 CC 02-04-2025 201 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 55 loss arising out of claims for bodily injury, death, property damage, or environmental damage caused by pollution conditions resulting from the Work. (5) Builder’s Risk Insurance: The builder’s risk insurance policy must be issued on an occurrence basis, for all-risk or “all perils” coverage on a 100% completed value basis on the insurable portion of the Project for the benefit of City. (B) Notice. Each certificate of insurance must state that the coverage afforded by the policy or policies will not be reduced, cancelled or allowed to expire without at least 30 days written notice to City, unless due to non-payment of premiums, in which case ten days written notice must be made to City. (C) Waiver of Subrogation. Each required policy must include an endorsement providing that the carrier will waive any right of subrogation it may have against City. (D) Required Endorsements. The CGL policy, automobile liability policy, pollution liability policy, and builder’s risk policy must include the following specific endorsements: (1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, “Additional Insured”) must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Contract. The additional insured endorsement must be provided using ISO form CG 20 10 11 85 or equivalent form(s) approved by the City. (2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured. (3) The insurance provided by Contractor is primary and no insurance held or owned by any Additional Insured may be called upon to contribute to a loss. (4) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support. (E) Contractor’s Responsibilities. This Section 4.3 establishes the minimum requirements for Contractor’s insurance coverage in relation to this Project, but is not intended to limit Contractor’s ability to procure additional or greater coverage. Contractor is responsible for its own risk assessment and needs and is encouraged to consult its insurance provider to determine what coverage it may wish to carry beyond the minimum requirements of this Section. Contractor is solely responsible for the cost of its insurance coverage, including premium payments, deductibles, or self-insured retentions, and no Additional Insured will be responsible or liable for any of the cost of Contractor’s insurance coverage. (F) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions that apply to the required insurance (collectively, “deductibles”) in excess of $100,000 are subject to approval by the City’s Risk Manager, acting in his or her sole discretion, and must be declared by Contractor when it submits its certificates of insurance and endorsements pursuant to this Section 4.3. If the City’s Risk Manager determines that the deductibles are unacceptably high, at City’s option, Contractor must either reduce or eliminate the deductibles as they apply to City and all required Additional Insured; or must provide a financial guarantee, to City’s satisfaction, guaranteeing payment of losses and related investigation, claim administration, and legal expenses. 202 CC 02-04-2025 202 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 56 (G) Subcontractors. Contractor must ensure that each Subcontractor is required to maintain the same insurance coverage required under this Section 4.3, with respect to its performance of Work on the Project, including those requirements related to the Additional Insureds and waiver of subrogation, but excluding pollution liability or builder’s risk insurance unless otherwise specified in the Special Conditions. A Subcontractor may be eligible for reduced insurance coverage or limits, but only to the extent approved in writing in advance by the City’s Risk Manager. Contractor must confirm that each Subcontractor has complied with these insurance requirements before the Subcontractor is permitted to begin Work on the Project. Upon request by the City, Contractor must provide certificates and endorsements submitted by each Subcontractor to prove compliance with this requirement. The insurance requirements for Subcontractors do not replace or limit the Contractor’s insurance obligations. Article 5 - Contract Time 5.1 Time is of the Essence. Time is of the essence in Contractor’s performance and completion of the Work, and Contractor must diligently prosecute the Work and complete it within the Contract Time. (A) General. Contractor must commence the Work on the date indicated in the Notice to Proceed and must fully complete the Work in strict compliance with all requirements of the Contract Documents and within the Contract Time. Contractor may not begin performing the Work before the date specified in the Notice to Proceed. (B) Authorization. Contractor is not entitled to compensation or credit for any Work performed before the date specified in the Notice to Proceed, with the exception of any schedules, submittals, or other requirements, if any, that must be provided or performed before issuance of the Notice to Proceed. (C) Rate of Progress. Contractor and its Subcontractors must, at all times, provide workers, materials, and equipment sufficient to maintain the rate of progress necessary to ensure full completion of the Work within the Contract Time. If City determines that Contractor is failing to prosecute the Work at a sufficient rate of progress, City may, in its sole discretion, direct Contractor to provide additional workers, materials, or equipment, or to work additional hours or days without additional cost to City, in order to achieve a rate of progress satisfactory to City. If Contractor fails to comply with City’s directive in this regard, City may, at Contractor’s expense, separately contract for additional workers, materials, or equipment or use City’s own forces to achieve the necessary rate of progress. Alternatively, City may terminate the Contract based on Contractor’s default. 5.2 Schedule Requirements. Contractor must prepare all schedules using standard, commercial scheduling software acceptable to the Engineer, and must provide the schedules in electronic and paper form as requested by the Engineer. In addition to the general scheduling requirements set forth below, Contractor must also comply with any scheduling requirements included in the Special Conditions or in the Technical Specifications. (A) Baseline (As-Planned) Schedule. Within ten calendar days following City’s issuance of the Notice to Proceed (or as otherwise specified in the Notice to Proceed), Contractor must submit to City for review and acceptance a baseline (as-planned) schedule using critical path methodology showing in detail how Contractor plans to perform and fully complete the Work within the Contract Time, including labor, equipment, materials and fabricated items. The baseline schedule must show the order of the major items of Work and the dates of start and completion of each item, including 203 CC 02-04-2025 203 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 57 when the materials and equipment will be procured. The schedule must also include the work of all trades, reflecting anticipated labor or crew hours and equipment loading for the construction activities, and must be sufficiently comprehensive and detailed to enable progress to be monitored on a day-by-day basis. For each activity, the baseline schedule must be dated, provided in the format specified in the Contract Documents or as required by City, and must include, at a minimum, a description of the activity, the start and completion dates of the activity, and the duration of the activity. (1) Specialized Materials Ordering. Within five calendar days following issuance of the Notice to Proceed, Contractor must order any specialized material or equipment for the Work that is not readily available from material suppliers. Contractor must also retain documentation of the purchase order date(s). (B) City’s Review of Schedules. City will review and may note exceptions to the baseline schedule, and to the progress schedules submitted as required below, to assure completion of the Work within the Contract Time. Contractor is solely responsible for resolving any exceptions noted in a schedule and, within seven days, must correct the schedule to address the exceptions. City’s review or acceptance of Contractor’s schedules will not operate to waive or limit Contractor’s duty to complete the Project within the Contract Time, nor to waive or limit City’s right to assess liquidated damages for Contractor’s unexcused failure to do so. (C) Progress Schedules. After City accepts the final baseline schedule with no exceptions, Contractor must submit an updated progress schedule and three-week look- ahead schedule, in the format specified by City, for review and acceptance with each application for a progress payment, or when otherwise specified by City, until completion of the Work. The updated progress schedule must: show how the actual progress of the Work as constructed to date compares to the baseline schedule; reflect any proposed changes in the construction schedule or method of operations, including to achieve Project milestones within the Contract Time; and identify any actual or potential impacts to the critical path. Contractor must also submit periodic reports to City of any changes in the projected material or equipment delivery dates for the Project. (1) Float. The progress schedule must show early and late completion dates for each task. The number of days between those dates will be designated as the “float.” Any float belongs to the Project and may be allocated by the Engineer to best serve timely completion of the Project. (2) Failure to Submit Schedule. Reliable, up-to-date schedules are essential to efficient and cost-effective administration of the Project and timely completion. If Contractor fails to submit a schedule within the time periods specified in this Section, or submits a schedule to which City has noted exceptions that are not corrected, City may withhold up to five percent from payment(s) otherwise due to Contractor until the exceptions are resolved, the schedule is corrected and resubmitted, and City has accepted the schedule. In addition, Contractor’s failure to comply with the schedule requirements in this Section 5.2 will be deemed a material default and a waiver of any claims for Excusable Delay or loss of productivity arising during any period when Contractor is out of compliance, subject only to the limits of Public Contract Code § 7102. (D) Recovery Schedule. If City determines that the Work is more than one week behind schedule, within seven days following written notice of such determination, Contractor must submit a recovery schedule, showing how Contractor intends to perform and complete the Work within the Contract Time, based on actual progress to date. 204 CC 02-04-2025 204 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 58 (E) Effect of Acceptance. Contractor and its Subcontractors must perform the Work in accordance with the most current City-accepted schedule unless otherwise directed by City. City’s acceptance of a schedule does not operate to extend the time for completion of the Work or any component of the Work, and will not affect City’s right to assess liquidated damages for Contractor’s unexcused delay in completing the Work within the Contract Time. (F) Posting. Contractor must at all times prominently post a copy of the most current City-accepted progress or recovery schedule in its on-site office. (G) Reservation of Rights. City reserves the right to direct the sequence in which the Work must be performed or to make changes in the sequence of the Work in order to facilitate the performance of work by City or others, or to facilitate City’s use of its property. The Contract Time or Contract Price may be adjusted to the extent such changes in sequence actually increase or decrease Contractor’s time or cost to perform the Work. (H) Authorized Working Days and Times. Contractor is limited to working Monday through Friday, excluding holidays, during City’s normal business hours, except as provided in the Special Conditions or as authorized in writing by City. City reserves the right to charge Contractor for additional costs incurred by City due to Work performed on days or during hours not expressly authorized in the Contract Documents, including reimbursement of costs incurred for inspection, testing, and construction management services. 5.3 Delay and Extensions of Contract Time. (A) Notice of Delay. If Contractor becomes aware of any actual or potential delay affecting the critical path, Contractor must promptly notify the Engineer in writing, regardless of the nature or cause of the delay, so that City has a reasonable opportunity to mitigate or avoid the delay. (B) Excusable Delay. The Contract Time may be extended if Contractor encounters “Excusable Delay,” which is an unavoidable delay in completing the Work within the Contract Time due to causes completely beyond Contractor’s control, and which Contractor could not have avoided or mitigated through reasonable care, planning, foresight, and diligence, provided that Contractor is otherwise fully performing its obligations under the Contract Documents. Grounds for Excusable Delay may include fire, natural disasters including earthquake or unusually severe weather, acts of terror or vandalism, epidemic, unforeseeable adverse government actions, unforeseeable actions of third parties, encountering unforeseeable hazardous materials, unforeseeable site conditions, or suspension for convenience under Article 13. The Contract Time will not be extended based on circumstances which will not unavoidably delay completing the Work within the Contract Time based on critical path analysis. (C) Weather Delays. A “Weather Delay Day” is a Working Day during which Contractor and its forces, including Subcontractors, are unable to perform more than 40% of the critical path Work scheduled for that day due to adverse weather conditions which impair the ability to safely or effectively perform the scheduled critical path Work that day. Adverse weather conditions may include rain, saturated soil, and Project site clean-up required due to adverse weather. Determination of what constitutes critical path Work scheduled for that day will be based on the most current, City-approved schedule. Contractor will be entitled to a non-compensable extension of the Contract Time for each Weather Delay Day in excess of the normal Weather Delay Days within a given month as determined by reliable records, including monthly rainfall averages, for the preceding ten years (or as otherwise specified in the Special Conditions or Specifications). 205 CC 02-04-2025 205 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 59 (1) Contractor must fully comply with the applicable procedures in Articles 5 and 6 of the General Conditions regarding requests to modify the Contract Time. (2) Contractor will not be entitled to an extension of time for a Weather Delay Day to the extent Contractor is responsible for concurrent delay on that day. (3) Contractor must take reasonable steps to mitigate the consequences of Weather Delay Days, including prudent workforce management and protecting the Work, Project Site, materials, and equipment. (D) Non-Excusable Delay. Delay which Contractor could have avoided or mitigated through reasonable care, planning, foresight and diligence is “Non-Excusable Delay.” Contractor is not entitled to an extension of Contract Time or any compensation for Non- Excusable Delay, or for Excusable Delay that is concurrent with Non-Excusable Delay. Non-Excusable Delay includes delay caused by: (1) weather conditions which are normal for the location of the Project, as determined by reliable records, including monthly rainfall averages, for the preceding ten years; (2) Contractor’s failure to order equipment and materials sufficiently in advance of the time needed for completion of the Work within the Contract Time; (3) Contractor’s failure to provide adequate notification to utility companies or agencies for connections or services necessary for completion of the Work within the Contract Time; (4) foreseeable conditions which Contractor could have ascertained from reasonably diligent inspection of the Project site or review of the Contract Documents or other information provided or available to Contractor; (5) Contractor’s failure, refusal, or financial inability to perform the Work within the Contract Time, including insufficient funds to pay its Subcontractors or suppliers; (6) performance or non-performance by Contractor’s Subcontractors or suppliers; (7) the time required to respond to excessive RFIs (see Section 2.5(G)); (8) delayed submission of required submittals, or the time required for correction and resubmission of defective submittals; (9) time required for repair of, re-testing, or re-inspection of defective Work; (10) enforcement of Laws by City, or outside agencies with jurisdiction over the Work; or (11) City’s exercise or enforcement of any of its rights or Contractor’s duties pursuant to the Contract Documents, including correction of defective Work, extra inspections or testing due to non-compliance with Contract requirements, safety compliance, environmental compliance, or rejection and return of defective or deficient submittals. 206 CC 02-04-2025 206 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 60 (E) Compensable Delay. Pursuant to Public Contract Code § 7102, in addition to entitlement to an extension of Contract Time, Contractor is entitled to compensation for costs incurred due to delay caused solely by City, when that delay is unreasonable under the circumstances involved and not within the contemplation of the parties (“Compensable Delay”). Contractor is not entitled to an extension of Contract Time or recovery of costs for Compensable Delay that is concurrent with Non-Excusable Delay. Delay due to causes that are beyond the control of either City or Contractor, including Weather Delay Days, discovery of Historic or Archeological Items pursuant to Section 7.18, or the actions or inactions of third parties or other agencies, is not Compensable Delay, and will only entitle Contractor to an extension of time commensurate with the time lost due to such delay. (F) Recoverable Costs. Contractor is not entitled to compensation for Excusable Delay unless it is Compensable Delay, as defined above. Contractor is entitled to recover only the actual, direct, reasonable, and substantiated costs (“Recoverable Costs”) for each working day that the Compensable Delay prevents Contractor from proceeding with more than 50% of the critical path Work scheduled for that day, based on the most recent progress schedule accepted by City. Recoverable Costs will not include home office overhead or lost profit. (G) Request for Extension of Contract Time or Recoverable Costs. A request for an extension of Contract Time or any associated Recoverable Costs must be submitted in writing to City within ten calendar days of the date the delay is first encountered, even if the duration of the delay is not yet known at that time, or any entitlement to the Contract Time extension or to the Recoverable Costs will be deemed waived. In addition to complying with the requirements of this Article 5, the request must be submitted in compliance with the Change Order request procedures in Article 6 below. Strict compliance with these requirements is necessary to ensure that any delay or consequences of delay may be mitigated as soon as possible, and to facilitate cost- efficient administration of the Project and timely performance of the Work. Any request for an extension of Contract Time or Recoverable Costs that does not strictly comply with all of the requirements of Article 5 and Article 6 will be deemed waived. (1) Required Contents. The request must include a detailed description of the cause(s) of the delay and must also describe the measures that Contractor has taken to mitigate the delay and/or its effects, including efforts to mitigate the cost impact of the delay, such as by workforce management or by a change in sequencing. If the delay is still ongoing at the time the request is submitted, the request should also include Contractor’s plan for continued mitigation of the delay or its effects. (2) Delay Days and Costs. The request must specify the number of days of Excusable Delay claimed or provide a realistic estimate if the duration of the delay is not yet known. If Contractor believes it is entitled to Recoverable Costs for Compensable Delay, the request must specify the amount and basis for the Recoverable Costs that are claimed or provide a realistic estimate if the amount is not yet known. Any estimate of delay duration or cost must be updated in writing and submitted with all required supporting documentation as soon as the actual time and cost is known. The maximum extension of Contract Time will be the number of days, if any, by which an Excusable Delay or a Compensable Delay exceeds any concurrent Non-Excusable Delay. Contractor is entitled to an extension of Contract Time, or compensation for Recoverable Costs, only if, and only to the extent that, such delay will unavoidably delay Final Completion. (3) Supporting Documentation. The request must also include any and all supporting documentation necessary to evidence the delay and its actual 207 CC 02-04-2025 207 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 61 impacts, including scheduling and cost impacts with a time impact analysis using critical path methodology and demonstrating the unavoidable delay to Final Completion. The time impact analysis must be submitted in a form or format acceptable to City. (4) Burden of Proof. Contractor has the burden of proving that: the delay was an Excusable Delay or Compensable Delay, as defined above; Contractor has fully complied with its scheduling obligations in Section 5.2, Schedule Requirements; Contractor has made reasonable efforts to mitigate the delay and its schedule and cost impacts; the delay will unavoidably result in delaying Final Completion; and any Recoverable Costs claimed by Contractor were actually incurred and were reasonable under the circumstances. (5) Legal Compliance. Nothing in this Section 5.3 is intended to require the waiver, alteration, or limitation of the applicability of Public Contract Code § 7102. (6) No Waiver. Any grant of an extension of Contract Time, or compensation for Recoverable Costs due to Compensable Delay, will not operate as a waiver of City’s right to assess liquidated damages for Non-Excusable Delay. (7) Dispute Resolution. In the event of a dispute over entitlement to an extension of Contract Time or compensation for Recoverable Costs, Contractor may not stop Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work. Contractor’s sole recourse for an unresolved dispute based on City’s rejection of a Change Order request for an extension of Contract Time or compensation for Recoverable Costs is to comply with the dispute resolution provisions set forth in Article 12 below. 5.4 Liquidated Damages. It is expressly understood that if Final Completion is not achieved within the Contract Time, City will suffer damages from the delay that are difficult to determine and accurately specify. Pursuant to Public Contract Code § 7203, if Contractor fails to achieve Final Completion within the Contract Time due to Contractor’s Non- Excusable Delay, City will charge Contractor in the amount specified in the Contract for each calendar day that Final Completion is delayed beyond the Contract Time, as liquidated damages and not as a penalty. Any waiver of accrued liquidated damages, in whole or in part, is subject to approval of the City Council or its authorized delegee. (A) Liquidated Damages. Liquidated damages will not be assessed for any Excusable Delay or Compensable Delay, as set forth above. (B) Milestones. Liquidated damages may also be separately assessed for failure to meet milestones specified elsewhere in the Contract Documents. (C) Setoff. City is entitled to deduct the amount of liquidated damages assessed against any payments otherwise due to Contractor, including progress payments, Final Payment, or unreleased retention. If there are insufficient Contract funds remaining to cover the full amount of liquidated damages assessed, City is entitled to recover the balance from Contractor or its performance bond surety. (D) Occupancy or Use. Occupancy or use of the Project in whole or in part prior to Final Completion does not constitute City’s acceptance of the Project and will not operate as a waiver of City’s right to assess liquidated damages for Contractor’s Non-Excusable Delay in achieving Final Completion. 208 CC 02-04-2025 208 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 62 (E) Other Remedies. City’s right to liquidated damages under this Section applies only to damages arising from Contractor’s Non-Excusable Delay or failure to complete the Work within the Contract Time. City retains its right to pursue all other remedies under the Contract for other types of damage, including damage to property or persons, costs or diminution in value from defective materials or workmanship, costs to repair or complete the Work, or other liability caused by Contractor. Article 6 - Contract Modification 6.1 Contract Modification. Subject to the limited exception set forth in subsection (D) below, any change in the Work or the Contract Documents, including the Contract Price or Contract Time, will not be a valid and binding change to the Contract unless it is formalized in a Change Order, including a “no-cost” Change Order or a unilateral Change Order. Changes in the Work pursuant to this Article 6 will not operate to release, limit, or abridge Contractor’s warranty obligations pursuant to Article 11 or any obligations of Contractor’s bond sureties. (A) City-Directed Changes. City may direct changes in the scope or sequence of Work or the requirements of the Contract Documents, without invalidating the Contract. Such changes may include Extra Work as set forth in subsection (C) below, or deletion or modification of portions of the Work. Contractor must promptly comply with City-directed changes in the Work in accordance with the original Contract Documents, even if Contractor and City have not yet reached agreement as to adjustments to the Contract Price or Contract Time for the change in the Work or for the Extra Work. Contractor is not entitled to extra compensation for cost savings resulting from “value engineering” pursuant to Public Contract Code § 7101, except to the extent authorized in advance by City in writing, and subject to any applicable procedural requirements for submitting a proposal for value engineering cost savings. (B) Disputes. In the event of a dispute over entitlement to or the amount of a change in Contract Time or a change in Contract Price related to a City-directed change in the Work, Contractor must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute. Likewise, in the event that City and Contractor dispute whether a portion or portions of the Work are already required by the Contract Documents or constitute Extra Work, or otherwise dispute the interpretation of any portion(s) of the Contract Documents, Contractor must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute, as directed by City. If Contractor refuses to perform the Work in dispute, City may, acting in its sole discretion, elect to delete the Work from the Contract and reduce the Contract Price accordingly, and self-perform the Work or direct that the Work be performed by others. Alternatively, City may elect to terminate the Contract for convenience or for cause. Contractor’s sole recourse for an unresolved dispute related to changes in the Work or performance of any Extra Work is to comply with the dispute resolution provisions set forth in Article 12, below. (C) Extra Work. City may direct Contractor to perform Extra Work related to the Project. Contractor must promptly perform any Extra Work as directed or authorized by City in accordance with the original Contract Documents, even if Contractor and City have not yet reached agreement on adjustments to the Contract Price or Contract Time for such Extra Work. If Contractor believes it is necessary to perform Extra Work due to changed conditions, Contractor must promptly notify the Engineer in writing, specifically identifying the Extra Work and the reason(s) the Contractor believes it is Extra Work. This 209 CC 02-04-2025 209 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 63 notification requirement does not constitute a Change Order request pursuant to Section 6.2, below. Contractor must maintain detailed daily records that itemize the cost of each element of Extra Work, and sufficiently distinguish the direct cost of the Extra Work from the cost of other Work performed. For each day that Contractor performs Extra Work, or Work that Contractor contends is Extra Work, Contractor must submit no later than the following Working Day, a daily report of the Extra Work performed that day and the related costs, together with copies of certified payroll, invoices, and other documentation substantiating the costs (“Extra Work Report”). The Engineer will make any adjustments to Contractor’s Extra Work Report(s) based on the Engineer’s records of the Work. When an Extra Work Report(s) is agreed on and signed by both City and Contractor, the Extra Work Report(s) will become the basis for payment under a duly authorized and signed Change Order. Failure to submit the required documentation by close of business on the next Working Day is deemed a full and complete waiver for any change in the Contract Price or Contract Time for any Extra Work performed that day. (D) Minor Changes and RFIs. Minor field changes, including RFI replies from City, that do not affect the Contract Price or Contract Time and that are approved by the Engineer acting within his or her scope of authority, do not require a Change Order. By executing an RFI reply from City, Contractor agrees that it will perform the Work as clarified therein, with no change to the Contract Price or Contract Time. (E) Remedy for Non-Compliance. Contractor’s failure to promptly comply with a City-directed change is deemed a material breach of the Contract, and in addition to all other remedies available to it, City may, at its sole discretion, hire another contractor or use its own forces to complete the disputed Work at Contractor’s sole expense, and may deduct the cost from the Contract Price. 6.2 Contractor Change Order Requests. Contractor must submit a request or proposal for a change in the Work, compensation for Extra Work, or a change in the Contract Price or Contract Time as a written Change Order request or proposal. (A) Time for Submission. Any request for a change in the Contract Price or the Contract Time must be submitted in writing to the Engineer within ten calendar days of the date that Contractor first encounters the circumstances, information or conditions giving rise to the Change Order request, even if the total amount of the requested change in the Contract Price or impact on the Contract Time is not yet known at that time. If City requests that Contractor propose the terms of a Change Order, unless otherwise specified in City’s request, Contractor must provide the Engineer with a written proposal for the change in the Contract Price or Contract Time within five working days of receiving City’s request, in a form satisfactory to the Engineer. (B) Required Contents. Any Change Order request or proposal submitted by Contractor must include a complete breakdown of actual or estimated costs and credits, and must itemize labor, materials, equipment, taxes, insurance, subcontract amounts, and, if applicable, Extra Work Reports. Any estimated cost must be updated in writing as soon as the actual amount is known. (C) Required Documentation. All claimed costs must be fully documented, and any related request for an extension of time or delay-related costs must be included at that time and in compliance with the requirements of Article 5 of the General Conditions. Upon request, Contractor must permit City to inspect its original and unaltered bidding records, subcontract agreements, subcontract change orders, purchase orders, invoices, or receipts associated with the claimed costs. (D) Required Form. Contractor must use City’s form(s) for submitting all Change Order requests or proposals, unless otherwise specified by City. 210 CC 02-04-2025 210 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 64 (E) Certification. All Change Order requests must be signed by Contractor and must include the following certification: “The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Change Order request are true and correct. Contractor warrants that this Change Order request is comprehensive and complete as to the Work or changes referenced herein, and agrees that any known or foreseeable costs, expenses, or time extension requests not included herein, are deemed waived.” 6.3 Adjustments to Contract Price. The amount of any increase or decrease in the Contract Price will be determined based on one of the following methods listed below, in the order listed with unit pricing taking precedence over the other methods. Markup applies only to City-authorized time and material Work, and does not apply to any other payments to Contractor. For Work items or components that are deleted in their entirety, Contractor will only be entitled to compensation for those direct, actual, and documented costs (including restocking fees), reasonably incurred before Contractor was notified of the City’s intent to delete the Work, with no markup for overhead, profit, or other indirect costs. (A) Unit Pricing. Amounts previously provided by Contractor in the form of unit prices, either in a bid schedule or in a post-award schedule of values pursuant to Section 8.1, Schedule of Values, will apply to determine the price for the affected Work, to the extent applicable unit prices have been provided for that type of Work. No additional markup for overhead, profit, or other indirect costs will be added to the calculation. (B) Lump Sum. A mutually agreed upon, all-inclusive lump sum price for the affected Work with no additional markup for overhead, profit, or other indirect costs. (C) Time and Materials. On a time and materials basis, if and only to the extent compensation on a time and materials basis is expressly authorized by City in advance of Contractor’s performance of the Work and subject to any not-to-exceed limit. Time and materials compensation for increased costs or Extra Work (but not decreased costs or deleted Work), will include allowed markup for overhead, profit, and other indirect costs, calculated as the total of the following sums, the cumulative total of which may not exceed the maximum markup rate of 15%: (1) All direct labor costs provided by the Contractor, excluding superintendence, project management, or administrative costs, plus 15% markup; (2) All direct material costs provided by the Contractor, including sales tax, plus 15% markup; (3) All direct plant and equipment rental costs provided by the Contractor, plus 15% markup; (4) All direct additional subcontract costs plus 10% markup for Work performed by Subcontractors; and (5) Increased bond or insurance premium costs computed at 1.5% of total of the previous four sums. 6.4 Unilateral Change Order. If the parties dispute the terms of a proposed Change Order, including disputes over the amount of compensation or extension of time that Contractor has requested, the value of deleted or changed Work, what constitutes Extra Work, or 211 CC 02-04-2025 211 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 65 quantities used, City may elect to issue a unilateral Change Order, directing performance of the Work, and authorizing a change in the Contract Price or Contract Time for the adjustment to compensation or time that the City believes is merited. Contractor’s sole recourse to dispute the terms of a unilateral Change Order is to submit a timely Claim pursuant to Article 12, below. 6.5 Non-Compliance Deemed Waiver. Contractor waives its entitlement to any increase in the Contract Price or Contract Time if Contractor fails to fully comply with the provisions of this Article. Contractor will not be paid for unauthorized Extra Work. Article 7 - General Construction Provisions 7.1 Permits, Fees, Business License, and Taxes. (A) Permits, Fees, and City Business License. Contractor must obtain and pay for all permits, fees, and licenses required to perform the Work, including a City business license. Contractor must cooperate with and provide notifications to all government agencies with jurisdiction over the Project, as may be required. Contractor must provide City with copies of all records of permits and permit applications, payment of required fees, and any licenses required for the Work. (B) Taxes. Contractor must pay for all taxes on labor, material and equipment, except Federal Excise Tax to the extent that City is exempt from Federal Excise Tax. 7.2 Temporary Facilities. Contractor must provide, at Contractor’s sole expense, any and all temporary facilities for the Project, including an onsite staging area for materials and equipment, a field office, sanitary facilities, utilities, storage, scaffolds, barricades, walkways, and any other temporary structure required to safely perform the Work along with any incidental utility services. The location of all temporary facilities must be approved by the City prior to installation. Temporary facilities must be safe and adequate for the intended use and installed and maintained in accordance with Laws and the Contract Documents. Contractor must fence and screen the Project site and, if applicable, any separate Worksites, including the staging area, and its operation must minimize inconvenience to neighboring properties. Additional provisions pertaining to temporary facilities may be included in the Specifications or Special Conditions. (A) Utilities. Contractor must install and maintain the power, water, sewer and all other utilities required for the Project site, including the piping, wiring, internet and wifi connections, and any related equipment necessary to maintain the temporary facilities. (B) Removal and Repair. Contractor must promptly remove all such temporary facilities when they are no longer needed or upon completion of the Work, whichever comes first. Contractor must promptly repair any damage to City’s property or to other property caused by the installation, use, or removal of the temporary facilities, and must promptly restore the property to its original or intended condition. 7.3 Noninterference and Site Management. Contractor must avoid interfering with City’s use of its property at or adjacent to the Project site, including use of roadways, entrances, parking areas, walkways, and structures. Contractor must also minimize disruption of access to private property in the Project vicinity. Contractor must coordinate with affected property owners, tenants, and businesses, and maintain some vehicle and pedestrian access to their residences or properties at all times. Temporary access ramps, fencing or other measures must be provided as needed. Before blocking access to a private driveway or parking lot, Contractor must provide effective notice to the affected parties at least 48 hours in advance of the pending closure and allow them to remove vehicles. 212 CC 02-04-2025 212 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 66 Private driveways, residences and parking lots must have access to a roadway during non-Work hours. (A) Offsite Acquisition. Unless otherwise provided by City, Contractor must acquire, use and dispose of, at its sole expense, any Worksites, licenses, easements, and temporary facilities necessary to access and perform the Work. (B) Offsite Staging Area and Field Office. If additional space beyond the Project site is needed, such as for the staging area or the field office, Contractor may need to make arrangements with the nearby property owner(s) to secure the space. Before using or occupying any property owned by a third party, Contractor must provide City with a copy of the necessary license agreement, easement, or other written authorization from the property owner, together with a written release from the property owner holding City harmless from any related liability, in a form acceptable to the City Attorney. (C) Traffic Management. Contractor must provide traffic management and traffic controls as specified in the Contract Documents, as required by Laws, and as otherwise required to ensure public and worker safety, and to avoid interference with public or private operations or the normal flow of vehicular, bicycle, or pedestrian traffic. 7.4 Signs. No signs may be displayed on or about City’s property, except signage which is required by Laws or by the Contract Documents, without City’s prior written approval as to size, design, and location. 7.5 Project Site and Nearby Property Protections. (A) General. Contractor is responsible at all times, on a 24-hour basis and at its sole cost, for protecting the Work, the Project site, and the materials and equipment to be incorporated into the Work, until the City has accepted the Project, excluding any exceptions to acceptance, if any. Except as specifically authorized by City, Contractor must confine its operations to the area of the Project site indicated in the Plans and Specifications. Contractor is liable for any damage caused by Contractor or its Subcontractors to the Work, City’s property, the property of adjacent or nearby property owners and the work or personal property of other contractors working for City, including damage related to Contractor’s failure to adequately secure the Work or any Worksite. (1) Subject to City’s approval, Contractor will provide and install safeguards to protect the Work; any Worksite, including the Project site; City’s real or personal property and the real or personal property of adjacent or nearby property owners, including plant and tree protections. (2) City wastewater systems may not be interrupted. If the Work disrupts existing sewer facilities, Contractor must immediately notify City and establish a plan, subject to City’s approval, to convey the sewage in closed conduits back into the sanitary sewer system. Sewage must not be permitted to flow in trenches or be covered by backfill. (3) Contractor must remove with due care, and store at City’s request, any objects or material from the Project site that City will salvage or reuse at another location. (4) If directed by Engineer, Contractor must promptly repair or replace any property damage, as specified by the Engineer. However, acting in its sole discretion, City may elect to have the property damage remedied otherwise, and may deduct the cost to repair or replace the damaged property from payment otherwise due to Contractor. 213 CC 02-04-2025 213 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 67 (5) Contractor will not permit any structure or infrastructure to be loaded in a manner that will damage or endanger the integrity of the structure or infrastructure. (B) Securing Project Site. After completion of Work each day, Contractor must secure the Project site and, to the extent feasible, make the area reasonably accessible to the public unless City approves otherwise. All excess materials and equipment not protected by approved traffic control devices must be relocated to the staging area or demobilized. Trench spoils must be hauled off the Project site daily and open excavations must be protected with steel plates. Contractor and Subcontractor personnel may not occupy or use the Project site for any purpose during non-Work hours, except as may be provided in the Contract Documents or pursuant to prior written authorization from City. (C) Unforeseen Conditions. If Contractor encounters facilities, utilities, or other unknown conditions not shown on or reasonably inferable from the Plans or apparent from inspection of the Project site, Contractor must immediately notify the City and promptly submit a Request for Information to obtain further directions from the Engineer. Contractor must avoid taking any action which could cause damage to the facilities or utilities pending further direction from the Engineer. The Engineer’s written response will be final and binding on Contractor. If the Engineer’s subsequent direction to Contractor affects Contractor’s cost or time to perform the Work, Contractor may submit a Change Order request as set forth in Article 6 above. (D) Support; Adjacent Properties. Contractor must provide, install, and maintain all shoring, bracing, and underpinning necessary to provide support to City’s property and adjacent properties and improvements thereon. Contractor must provide notifications to adjacent property owners as may be required by Laws. See also, Section 7.15, Trenching of Five Feet or More. (E) Notification of Property Damage. Contractor must immediately notify the City of damage to any real or personal property resulting from Work on the Project. Contractor must immediately provide a written report to City of any such property damage in excess of $500 (based on estimated cost to repair or replace) within 24 hours of the occurrence. The written report must include: (1) the location and nature of the damage, and the owner of the property, if known; (2) the name and address of each employee of Contractor or any Subcontractor involved in the damage; (3) a detailed description of the incident, including precise location, time, and names and contact information for known witnesses; and (4) a police or first responder report, if applicable. If Contractor is required to file an accident report with another government agency, Contractor will provide a copy of the report to City. 7.6 Materials and Equipment. (A) General. Unless otherwise specified, all materials and equipment required for the Work must be new, free from defects, and of the best grade for the intended purpose, and furnished in sufficient quantities to ensure the proper and expeditious performance of the Work. Contractor must employ measures to preserve the specified quality and fitness of the materials and equipment. Unless otherwise specified, all materials and equipment required for the Work are deemed to include all components required for complete installation and intended operation and must be installed in accordance with the manufacturer’s recommendations or instructions. Contractor is responsible for all shipping, handling, and storage costs associated with the materials and equipment required for the Work. Contractor is responsible for providing security and protecting the Work and all of the required materials, supplies, tools and equipment at Contractor’s sole cost until City has formally accepted the Project as set forth in Section 11.1, Final 214 CC 02-04-2025 214 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 68 Completion. Contractor will not assign, sell, mortgage, or hypothecate any materials or equipment for the Project, or remove any materials or equipment that have been installed or delivered. (B) City-Provided. If the Work includes installation of materials or equipment to be provided by City, Contractor is solely responsible for the proper examination, handling, storage, and installation in accordance with the Contract Documents. Contractor must notify City of any defects discovered in City-provided materials or equipment, sufficiently in advance of scheduled use or installation to afford adequate time to procure replacement materials or equipment as needed. Contractor is solely responsible for any loss of or damage to such items which occurs while the items are in Contractor’s custody and control, the cost of which may be offset from the Contract Price and deducted from any payment(s) due to Contractor. (C) Intellectual Property Rights. Contractor must, at its sole expense, obtain any authorization or license required for use of patented or copyright-protected materials, equipment, devices or processes that are incorporated into the Work. Contractor’s indemnity obligations in Article 4 apply to any claimed violation of intellectual property rights in violation of this provision. 7.7 Substitutions. (A) “Or Equal.” Any Specification designating a material, product, or thing (collectively, “item”) or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate the quality and type of item or service desired, and Contractor may request use of any equal item or service. Unless otherwise stated in the Specifications, any reference to a specific brand or trade name for an item or service that is used solely for the purpose of describing the type of item or service desired, will be deemed to be followed by the words “or equal.” A substitution will only be approved if it is a true “equal” item or service in every aspect of design, function, and quality, as determined by City, including dimensions, weight, maintenance requirements, durability, fit with other elements, and schedule impacts. (B) Request for Substitution. A post-award request for substitution of an item or service must be submitted in writing to the Engineer for approval in advance, within the applicable time period provided in the Contract Documents. If no time period is specified, the substitution request may be submitted any time within 35 days after the date of award of the Contract, or sufficiently in advance of the time needed to avoid delay of the Work, whichever is earlier. (C) Substantiation. Any available data substantiating the proposed substitute as an equal item or service must be submitted with the written request for substitution. Contractor’s failure to timely provide all necessary substantiation, including any required test results as soon as they are available, is grounds for rejection of the proposed substitution, without further review. (D) Burden of Proving Equality. Contractor has the burden of proving the equality of the proposed substitution at Contractor’s sole cost. City has sole discretion to determine whether a proposed substitution is equal, and City’s determination is final. (E) Approval or Rejection. If the proposed substitution is approved, Contractor is solely responsible for any additional costs or time associated with the substituted item or service. If the proposed substitution is rejected, Contractor must, without delay, install the item or use the service as specified by City. 215 CC 02-04-2025 215 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 69 (F) Contractor’s Obligations. City’s approval of a proposed substitution will not relieve Contractor from any of its obligations under the Contract Documents. In the event Contractor makes an unauthorized substitution, Contractor will be solely responsible for all resulting cost impacts, including the cost of removal and replacement and the impact to other design elements. 7.8 Testing and Inspection. (A) General. All materials, equipment, and workmanship used in the Work are subject to inspection and testing by City at all times and at all locations during construction and/or fabrication, including at any Worksite, shops, and yards. All manufacturers’ application or installation instructions must be provided to the Inspector at least ten days prior to the first such application or installation. Contractor must, at all times, make the Work available for testing or inspection. Neither City’s inspection or testing of Work, nor its failure to do so, operate to waive or limit Contractor’s duty to complete the Work in accordance with the Contract Documents. (B) Scheduling and Notification. Contractor must cooperate with City in coordinating the inspections and testing. Contractor must submit samples of materials, at Contractor’s expense, and schedule all tests required by the Contract Documents in time to avoid any delay to the progress of the Work. Contractor must notify the Engineer no later than noon of the Working Day before any inspection or testing and must provide timely notice to the other necessary parties as specified in the Contract Documents. If Contractor schedules an inspection or test beyond regular Work hours, or on a Saturday, Sunday, or recognized City holiday, Contractor must notify the Engineer at least two Working Days in advance for approval. If approved, Contractor must reimburse City for the cost of the overtime inspection or testing. Such costs, including the City’s hourly costs for required personnel, may be deducted from payments otherwise due to Contractor. (C) Responsibility for Costs. City will bear the initial cost of inspection and testing to be performed by independent consultants retained by City, subject to the following exceptions: (1) Contractor will be responsible for the costs of any subsequent inspections or tests which are required to substantiate compliance with the Contract Documents, and any associated remediation costs. (2) Contractor will be responsible for inspection costs, at City’s hourly rates, for inspection time lost because the Work is not ready or Contractor fails to appear for a scheduled inspection. (3) If any portion of the Work that is subject to inspection or testing is covered or concealed by Contractor prior to the inspection or testing, Contractor will bear the cost of making that portion of the Work available for the inspection or testing required by the Contract Documents, and any associated repair or remediation costs. (4) Contractor is responsible for properly shoring all compaction test sites deeper than five feet below grade, as required under Section 7.15 below. (5) Any Work or material that is defective or fails to comply with the requirements of the Contract Documents must be promptly repaired, removed, replaced, or corrected by Contractor, at Contractor’s sole expense, even if that Work or material was previously inspected or included in a progress payment. 216 CC 02-04-2025 216 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 70 (D) Contractor’s Obligations. Contractor is solely responsible for any delay occasioned by remediation of defective or noncompliant Work or material. Inspection or testing of the Work does not in any way relieve Contractor of its obligations to perform the Work as specified. Any Work done without the inspection(s) or testing required by the Contract Documents will be subject to rejection by City. (E) Distant Locations. If required off-site testing or inspection must be conducted at a location more than 100 miles from the Project site, Contractor is solely responsible for the additional travel costs required for testing and/or inspection at such locations. (F) Final Inspection. The provisions of this Section 7.8 also apply to final inspection under Article 11, Completion and Warranty Provisions. 7.9 Project Site Conditions and Maintenance. Contractor must at all times, on a 24-hour basis and at its sole cost, maintain the Project site and staging and storage areas in clean, neat, and sanitary condition and in compliance with all Laws pertaining to safety, air quality, and dust control. Adequate toilets must be provided, and properly maintained and serviced for all workers on the Project site, located in a suitably secluded area, subject to City’s prior approval. Contractor must also, on a daily basis and at its sole cost, remove and properly dispose of the debris and waste materials from the Project site. (A) Air Emissions Control. Contractor must not discharge smoke or other air contaminants into the atmosphere in violation of any Laws. Contractor must comply with all Laws, including the California Air Resources Board’s In-Use Off-Road Diesel-Fueled Fleets Regulation (13 CCR § 2449 et seq.). (B) Dust and Debris. Contractor must minimize and confine dust and debris resulting from the Work. Contractor must abate dust nuisance by cleaning, sweeping, and immediately sprinkling with water excavated areas of dirt or other materials prone to cause dust, and within one hour after the Engineer notifies Contractor that an airborne nuisance exists. The Engineer may direct that Contractor provide an approved water- spraying truck for this purpose. If water is used for dust control, Contractor will only use the minimum necessary. Contractor must take all necessary steps to keep waste water out of streets, gutters, or storm drains. See Section 7.19, Environmental Control. If City determines that the dust control is not adequate, City may have the work done by others and deduct the cost from the Contract Price. Contractor will immediately remove any excess excavated material from the Project site and any dirt deposited on public streets. (C) Clean up. Before discontinuing Work in an area, Contractor must clean the area and remove all debris and waste along with the construction equipment, tools, machinery, and surplus materials. (1) Except as otherwise specified, all excess Project materials, and the materials removed from existing improvements on the Project site with no salvage value or intended reuse by City, will be Contractor’s property. (2) Hauling trucks and other vehicles leaving the Project site must be cleaned of exterior mud or dirt before traveling on City streets. Materials and loose debris must be delivered and loaded to prevent dropping materials or debris. Contractor must immediately remove spillage from hauling on any publicly traveled way. Streets affected by Work on the Project must be kept clean by street sweeping. (D) Disposal. Contractor must dispose of all Project debris and waste materials in a safe and legal manner. Contractor may not burn or bury waste materials on the Project site. Contractor will not allow any dirt, refuse, excavated material, surplus concrete or 217 CC 02-04-2025 217 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 71 mortar, or any associated washings, to be disposed of onto streets, into manholes or into the storm drain system. (E) Completion. At the completion of the Work, Contractor must remove from the Project site all of its equipment, tools, surplus materials, waste materials and debris, presenting a clean and neat appearance. Before demobilizing from the Project site, Contractor must ensure that all surfaces are cleaned, sealed, waxed, or finished as applicable, and that all marks, stains, paint splatters, and the like have been properly removed from the completed Work and the surrounding areas. Contractor must ensure that all parts of the construction are properly joined with the previously existing and adjacent improvements and conditions. Contractor must provide all cutting, fitting and patching needed to accomplish that requirement. Contractor must also repair or replace all existing improvements that are damaged or removed during the Work, both on and off the Project site, including curbs, sidewalks, driveways, fences, signs, landscaping, utilities, street surfaces and structures. Repairs and replacements must be at least equal to the previously existing improvements, and the condition, finish and dimensions must match the previously existing improvements. Contractor must restore to original condition all property or items that are not designated for alteration under the Contract Documents and leave each Worksite clean and ready for occupancy or use by City. (F) Non-Compliance. If Contractor fails to comply with its maintenance and cleanup obligations or any City clean up order, City may, acting in its sole discretion, elect to suspend the Work until the condition(s) is corrected with no increase in the Contract Time or Contract Price, or undertake appropriate cleanup measures without further notice and deduct the cost from any amounts due or to become due to Contractor. 7.10 Instructions and Manuals. Contractor must provide to City three copies each of all instructions and manuals required by the Contract Documents, unless otherwise specified. These must be complete as to drawings, details, parts lists, performance data, and other information that may be required for City to easily maintain and service the materials and equipment installed for this Project. (A) Submittal Requirements. All manufacturers’ application or installation instructions must be provided to City at least ten days prior to the first such application. The instructions and manuals, along with any required guarantees, must be delivered to City for review. (B) Training. Contractor or its Subcontractors must train City’s personnel in the operation and maintenance of any complex equipment or systems as a condition precedent to Final Completion, if required in the Contract Documents. 7.11 As-built Drawings. Contractor and its Subcontractors must prepare and maintain at the Project site a detailed, complete and accurate as-built set of the Plans which will be used solely for the purpose of recording changes made in any portion of the original Plans in order to create accurate record drawings at the end of the Project. (A) Duty to Update. The as-built drawings must be updated as changes occur, on a daily basis if necessary. City may withhold the estimated cost for City to have the as-built drawings prepared from payments otherwise due to Contractor, until the as-built drawings are brought up to date to the satisfaction of City. Actual locations to scale must be identified on the as-built drawings for all runs of mechanical and electrical work, including all site utilities installed underground, in walls, floors, or otherwise concealed. Deviations from the original Plans must be shown in detail. The exact location of all main runs, whether piping, conduit, ductwork or drain lines, must be shown by dimension and elevation. The location of all buried pipelines, appurtenances, or other improvements 218 CC 02-04-2025 218 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 72 must be represented by coordinates and by the horizontal distance from visible above- ground improvements. (B) Final Completion. Contractor must verify that all changes in the Work are depicted in the as-built drawings and must deliver the complete set of as-built drawings to the Engineer for review and acceptance as a condition precedent to Final Completion and Final Payment. 7.12 Existing Utilities. (A) General. The Work may be performed in developed, urban areas with existing utilities, both above and below ground, including utilities identified in the Contract Documents or in other informational documents or records. Contractor must take due care to locate identified or reasonably identifiable utilities before proceeding with trenching, excavation, or any other activity that could damage or disrupt existing utilities. This may include excavation with small equipment, potholing, or hand excavation, and, if practical, using white paint or other suitable markings to delineate the area to be excavated. Except as otherwise provided herein, Contractor will be responsible for costs resulting from damage to identified or reasonably identifiable utilities due to Contractor’s negligence or failure to comply with the Contract Documents, including the requirements in this Article 7. (B) Unidentified Utilities. Pursuant to Government Code § 4215, if, during the performance of the Work, Contractor discovers utility facilities not identified by City in the Contract Documents, Contractor must immediately provide written notice to City and the utility. City assumes responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the Project site if those utilities are not identified in the Contract Documents. Contractor will be compensated in accordance with the provisions of the Contract Documents for the costs of locating, repairing damage not due to Contractor’s failure to exercise reasonable care, and removing or relocating utility facilities not indicated in the Plans or Specifications with reasonable accuracy, and for equipment on the Project necessarily idled during such work. Contractor will not be assessed liquidated damages for delay in completion of the Work, to the extent the delay was caused by City’s failure to provide for removal or relocation of the utility facilities. 7.13 Notice of Excavation. Contractor must comply with all applicable requirements in Government Code § 4216 et seq., which are incorporated by reference herein.. 7.14 Trenching and Excavations of Four Feet or More. As required by Public Contract Code § 7104, if the Work includes digging trenches or other excavations that extend deeper than four feet below the surface, the provisions in this Section apply to the Work and the Project. (A) Duty to Notify. Contractor must promptly, and before the following conditions are disturbed, provide written notice to City if Contractor finds any of the following conditions: (1) Material that Contractor believes may be a hazardous waste, as defined in § 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing Laws; (2) Subsurface or latent physical conditions at the Project site differing from those indicated by information about the Project site made available to bidders prior to the deadline for submitting bids; or 219 CC 02-04-2025 219 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 73 (3) Unknown physical conditions at the Project site of any unusual nature, materially different from those ordinarily encountered and generally recognized as inherent in work of the character required by the Contract Documents. (B) City Investigation. City will promptly investigate the conditions and if City finds that the conditions materially differ from those indicated, apparent, or reasonably inferred from information about the Project site made available to bidders, or involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, City will issue a Change Order. (C) Disputes. In the event that a dispute arises between City and Contractor regarding any of the conditions specified in subsection (B) above, or the terms of a Change Order issued by City, Contractor will not be excused from completing the Work within the Contract Time, but must proceed with all Work to be performed under the Contract. Contractor will retain any and all rights provided either by the Contract or by Laws which pertain to the resolution of disputes between Contractor and City. 7.15 Trenching of Five Feet or More. As required by Labor Code § 6705, if the Contract Price exceeds $25,000 and the Work includes the excavation of any trench or trenches of five feet or more in depth, a detailed plan must be submitted to City for acceptance in advance of the excavation. The detailed plan must show the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation. If the plan varies from the shoring system standards, it must be prepared by a California registered civil or structural engineer. Use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders is prohibited. 7.16 New Utility Connections. Except as otherwise specified, City will pay connection charges and meter costs for new permanent utilities required by the Contract Documents, if any. Contractor must notify City sufficiently in advance of the time needed to request service from each utility provider so that connections and services are initiated in accordance with the Project schedule. 7.17 Lines and Grades. Contractor is required to use any benchmark provided by the Engineer. Unless otherwise specified in the Contract Documents, Contractor must provide all lines and grades required to execute the Work. Contractor must also provide, preserve, and replace if necessary, all construction stakes required for the Project. All stakes or marks must be set by a California licensed surveyor or a California registered civil engineer. Contractor must notify the Engineer of any discrepancies found between Contractor’s staking and grading and information provided by the Contract Documents. Upon completion, all Work must conform to the lines, elevations, and grades shown in the Plans, including any changes directed by a Change Order. 7.18 Historic or Archeological Items. (A) Contractor’s Obligations. Contractor must ensure that all persons performing Work at the Project site are required to immediately notify the Project Manager, upon discovery of any potential historic or archeological items, including historic or prehistoric ruins, a burial ground, archaeological or vertebrate paleontological site, including fossilized footprints or other archeological, paleontological or historical feature on the Project site (collectively, “Historic or Archeological Items”). (B) Discovery; Cessation of Work. Upon discovery of any potential Historic or Archeological Items, Work must be stopped within an 85-foot radius of the find and may not resume until authorized in writing by City. If required by City, Contractor must assist in 220 CC 02-04-2025 220 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 74 protecting or recovering the Historic or Archeological Items, with any such assistance to be compensated as Extra Work on a time and materials basis under Article 6, Contract Modification. At City’s discretion, a suspension of Work required due to discovery of Historic or Archeological Items may be treated as Excusable Delay pursuant to Article 5, or as a suspension for convenience under Article 13. 7.19 Environmental Control. Contractor must not pollute any drainage course or its tributary inlets with fuels, oils, bitumens, acids, insecticides, herbicides or other harmful materials. Contractor must prevent the release of any hazardous material or hazardous waste into the soil or groundwater, and prevent the unlawful discharge of pollutants into City’s storm drain system and watercourses as required below. Contractor and its Subcontractors must at all times in the performance of the Work comply with all Laws concerning pollution of waterways. (A) Stormwater Permit. Contractor must comply with all applicable conditions of the State Water Resources Control Board National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction Activity (“Stormwater Permit”). (B) Contractor’s Obligations. If required for the Work, a copy of the Stormwater Permit is on file in City’s principal administrative offices, and Contractor must comply with it without adjustment of the Contract Price or the Contract Time. Contractor must timely and completely submit required reports and monitoring information required by the conditions of the Stormwater Permit. Contractor also must comply with all other Laws governing discharge of stormwater, including applicable municipal stormwater management programs. 7.20 Noise Control. Contractor must comply with all applicable noise control Laws. Noise control requirements apply to all equipment used for the Work or related to the Work, including trucks, transit mixers or transient equipment that may or may not be owned by Contractor. 7.21 Mined Materials. Pursuant to the Surface Mining and Reclamation Act of 1975, Public Resources Code § 2710 et seq., any purchase of mined materials, such as construction aggregate, sand, gravel, crushed stone, road base, fill materials, and any other mineral materials must originate from a surface mining operation included on the AB 3098 List, which may be accessed online at: https://www.conservation.ca.gov/smgb/Pages/AB- 3098-List.aspx. Article 8 - Payment 8.1 Schedule of Values. Prior to submitting its first application for payment, Contractor must prepare and submit to the Project Manager a schedule of values apportioned to the various divisions and phases of the Work, including mobilization and demobilization. If a Bid Schedule was submitted with Contractor’s bid, the amounts in the schedule of values must be consistent with the Bid Schedule. Each line item contained in the schedule of values must be assigned a value such that the total of all items equals the Contract Price. The items must be sufficiently detailed to enable accurate evaluation of the percentage of completion claimed in each application for payment, and the assigned value consistent with any itemized or unit pricing submitted with Contractor’s bid. (A) Measurements for Unit Price Work. Materials and items of Work to be paid for on the basis of unit pricing will be measured according to the methods specified in the Contract Documents. 221 CC 02-04-2025 221 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 75 (B) Deleted or Reduced Work. Contractor will not be compensated for Work that City has deleted or reduced in scope, except for any labor, material or equipment costs for such Work that Contractor reasonably incurred before Contractor learned that the Work could be deleted or reduced. Contractor will only be compensated for those actual, direct and documented costs incurred, and will not be entitled to any mark up for overhead or lost profits. 8.2 Progress Payments. Following the last day of each month, or as otherwise required by the Special Conditions or Specifications, Contractor will submit to the Project Manager a monthly application for payment for Work performed during the preceding month based on the estimated value of the Work performed during that preceding month. (A) Application for Payment. Each application for payment must be itemized to include labor, materials, and equipment incorporated into the Work, and materials and equipment delivered to the Project site, as well as authorized and approved Change Orders. Each payment application must be supported by the unit prices submitted with Contractor’s Bid Schedule and/or schedule of values and any other substantiating data required by the Contract Documents. (B) Payment of Undisputed Amounts. City will pay the undisputed amount due within 30 days after Contractor has submitted a complete and accurate payment application, subject to Public Contract Code § 20104.50. City will deduct a percentage from each progress payment as retention, as set forth in Section 8.5, below, and may deduct or withhold additional amounts as set forth in Section 8.3, below. 8.3 Adjustment of Payment Application. City may adjust or reject the amount requested in a payment application, including application for Final Payment, in whole or in part, if the amount requested is disputed or unsubstantiated. Contractor will be notified in writing of the basis for the modification to the amount requested. City may also deduct or withhold from payment otherwise due based upon any of the circumstances and amounts listed below. Sums withheld from payment otherwise due will be released when the basis for that withholding has been remedied and no longer exists. (A) For Contractor’s unexcused failure to perform the Work as required by the Contract Documents, including correction or completion of punch list items, City may withhold or deduct an amount based on the City’s estimated cost to correct or complete the Work. (B) For loss or damage caused by Contractor or its Subcontractors arising out of or relating to performance of the Work or any failure to protect the Project site, City may deduct an amount based on the estimated cost to repair or replace. (C) For Contractor’s failure to pay its Subcontractors and suppliers when payment is due, City may withhold an amount equal to the total of past due payments and may opt to pay that amount separately via joint check pursuant to Section 8.6(B), Joint Checks. (D) For Contractor’s failure to timely correct rejected, nonconforming, or defective Work, City may withhold or deduct an amount based on the City’s estimated cost to correct or complete the Work. (E) For any unreleased stop notice, City may withhold 125% of the amount claimed. (F) For Contractor’s failure to submit any required schedule or schedule update in the manner specified or within the time specified in the Contract Documents, City may withhold an amount equal to five percent of the total amount requested until Contractor complies with its schedule submittal obligations. 222 CC 02-04-2025 222 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 76 (G) For Contractor’s failure to maintain or submit as-built documents in the manner specified or within the time specified in the Contract Documents, City may withhold or deduct an amount based on the City’s cost to prepare the as-builts. (H) For Work performed without Shop Drawings that have been accepted by City, when accepted Shop Drawings are required before proceeding with the Work, City may deduct an amount based on the estimated cost to correct unsatisfactory Work or diminution in value. (I) For fines, payments, or penalties assessed under the Labor Code, City may deduct from payments due to Contractor as required by Laws and as directed by the Division of Labor Standards Enforcement. (J) For any other costs or charges that may be withheld or deducted from payments to Contractor, as provided in the Contract Documents, including liquidated damages, City may withhold or deduct such amounts from payment otherwise due to Contractor. 8.4 Early Occupancy. Neither City’s payment of progress payments nor its partial or full use or occupancy of the Project constitutes acceptance of any part of the Work. 8.5 Retention. City will retain five percent of the full amount due on each progress payment (i.e., the amount due before any withholding or deductions pursuant to Section 8.3, Adjustment of Payment Application), or the percentage stated in the Notice Inviting Bids, whichever is greater, as retention to ensure full and satisfactory performance of the Work. Contractor is not entitled to any reduction in the rate of withholding at any time, nor to release of any retention before 35 days following City’s acceptance of the Project. (A) Substitution of Securities. As provided by Public Contract Code § 22300, Contractor may request in writing that it be allowed, at its sole expense, to substitute securities for the retention withheld by City. Any escrow agreement entered into pursuant to this provision must fully comply with Public Contract Code § 22300 and will be subject to approval as to form by City’s legal counsel. If City exercises its right to draw upon such securities in the event of default pursuant to section (7) of the statutory Escrow Agreement for Security Deposits in Lieu of Retention, pursuant to subdivision (g) of Public Contract Code § 22300 (“Escrow Agreement”), and if Contractor disputes that it is in default, its sole remedy is to comply with the dispute resolution procedures in Article 12 and the provisions therein. It is agreed that for purposes of this paragraph, an event of default includes City’s rights pursuant to these Contract Documents to withhold or deduct sums from retention, including withholding or deduction for liquidated damages, incomplete or defective Work, stop payment notices, or backcharges. It is further agreed that if any individual authorized to give or receive written notice on behalf of a party pursuant to section (10) of the Escrow Agreement are unavailable to give or receive notice on behalf of that party due to separation from employment, retirement, death, or other circumstances, the successor or delegee of the named individual is deemed to be the individual authorized to give or receive notice pursuant to section (10) of the Escrow Agreement. (B) Release of Undisputed Retention. All undisputed retention, less any amounts that may be assessed as liquidated damages, retained for stop notices, or otherwise withheld pursuant to Section 8.3, Adjustment of Payment Application, will be released as Final Payment to Contractor no sooner than 35 days following recordation of the notice of completion, and no later than 60 days following acceptance of the Project by City’s governing body or authorized designee pursuant to Section 11.1(C), Acceptance, or, if the Project has not been accepted, no later than 60 days after the Project is otherwise considered complete pursuant to Public Contract Code § 7107(c). 223 CC 02-04-2025 223 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 77 8.6 Payment to Subcontractors and Suppliers. Each month, Contractor must promptly pay each Subcontractor and supplier the value of the portion of labor, materials, and equipment incorporated into the Work or delivered to the Project site by the Subcontractor or supplier during the preceding month. Such payments must be made in accordance with the requirements of Laws pertaining to such payments, and those of the Contract Documents and applicable subcontract or supplier contract. (A) Withholding for Stop Notice. Pursuant to Civil Code § 9358, City will withhold 125% of the amount claimed by an unreleased stop notice, a portion of which may be retained by City for the costs incurred in handling the stop notice claim, including attorneys’ fees and costs, as authorized by law. (B) Joint Checks. City reserves the right, acting in its sole discretion, to issue joint checks made payable to Contractor and a Subcontractor or supplier, if City determines this is necessary to ensure fair and timely payment for a Subcontractor or supplier who has provided services or goods for the Project. As a condition to release of payment by a joint check, the joint check payees may be required to execute a joint check agreement in a form provided or approved by the City Attorney’s Office. The joint check payees will be jointly and severally responsible for the allocation and disbursement of funds paid by joint check. Payment by joint check will not be construed to create a contractual relationship between City and a Subcontractor or supplier of any tier beyond the scope of the joint check agreement. 8.7 Final Payment. Contractor’s application for Final Payment must comply with the requirements for submitting an application for a progress payment as stated in Section 8.2, above. Corrections to previous progress payments, including adjustments to estimated quantities for unit priced items, may be included in the Final Payment. If Contractor fails to submit a timely application for Final Payment, City reserves the right to unilaterally process and issue Final Payment without an application from Contractor in order to close out the Project. For the purposes of determining the deadline for Claim submission pursuant to Article 12, the date of Final Payment is deemed to be the date that City acts to release undisputed retention as final payment to Contractor, or otherwise provides written notice to Contractor of Final Payment or that no undisputed funds remain available for Final Payment due to offsetting withholdings or deductions pursuant to Section 8.3, Adjustment of Payment Application. If the amount due from Contractor to City exceeds the amount of Final Payment, City retains the right to recover the balance from Contractor or its sureties. 8.8 Release of Claims. City may, at any time, require that payment of the undisputed portion of any progress payment or Final Payment be contingent upon Contractor furnishing City with a written waiver and release of all claims against City arising from or related to the portion of Work covered by those undisputed amounts subject to the limitations of Public Contract Code § 7100. Any disputed amounts may be specifically excluded from the release. 8.9 Warranty of Title. Contractor warrants that title to all work, materials, or equipment incorporated into the Work and included in a request for payment will pass over to City free of any claims, liens, or encumbrances upon payment to Contractor. Article 9 - Labor Provisions 9.1 Discrimination Prohibited. Discrimination against any prospective or present employee engaged in the Work on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status is strictly prohibited. 224 CC 02-04-2025 224 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 78 Contractor and its Subcontractors are required to comply with all applicable Laws prohibiting discrimination, including the California Fair Employment and Housing Act (Govt. Code § 12900 et seq.), Government Code § 11135, and Labor Code §§ 1735, 1777.5, 1777.6, and 3077.5. 9.2 Labor Code Requirements. (A) Eight Hour Day. Pursuant to Labor Code § 1810, eight hours of labor constitute a legal day’s work under this Contract. (B) Penalty. Pursuant to Labor Code § 1813, Contractor will forfeit to City as a penalty, the sum of $25.00 for each day during which a worker employed by Contractor or any Subcontractor is required or permitted to work more than eight hours in any one calendar day or more than 40 hours per calendar week, except if such workers are paid overtime under Labor Code § 1815. (C) Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code § 1777.5, which is fully incorporated by reference. (D) Notices. Pursuant to Labor Code § 1771.4, Contractor is required to post all job site notices prescribed by Laws. 9.3 Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code §§ 1720, 1720.3, or 1720.9, including cleanup at the Project site, must be paid at a rate not less than the prevailing wage as defined in §§ 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City and available online at http://www.dir.ca.gov/dlsr. Contractor must post a copy of the applicable prevailing rates at the Project site. (A) Penalties. Pursuant to Labor Code § 1775, Contractor and any Subcontractor will forfeit to City as a penalty up to $200.00 for each calendar day, or portion thereof, for each worker paid less than the applicable prevailing wage rate. Contractor must also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker. (B) Federal Requirements. If this Project is subject to federal prevailing wage requirements in addition to California prevailing wage requirements, Contractor and its Subcontractors are required to pay the higher of the currently applicable state or federal prevailing wage rates. 9.4 Payroll Records. Contractor must comply with the provisions of Labor Code §§ 1771.4, 1776, and 1812 and all implementing regulations, which are fully incorporated by this reference, including requirements for monthly electronic submission of payroll records to the DIR. (A) Contractor and Subcontractor Obligations. Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and 225 CC 02-04-2025 225 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 79 (2) Contractor or the Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project. (B) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code. (C) Enforcement. Upon notice of noncompliance with Labor Code § 1776, Contractor or Subcontractor has ten days in which to comply with the requirements of this section. If Contractor or Subcontractor fails to do so within the ten-day period, Contractor or Subcontractor will forfeit a penalty of $100.00 per day, or portion thereof, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor. 9.5 Labor Compliance. Pursuant to Labor Code § 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the DIR. Article 10 - Safety Provisions 10.1 Safety Precautions and Programs. Contractor and its Subcontractors are fully responsible for safety precautions and programs, and for the safety of persons and property in the performance of the Work. Contractor and its Subcontractors must at all times comply with all applicable health and safety Laws and seek to avoid injury, loss, or damage to persons or property by taking reasonable steps to protect its employees and other persons at any Worksite, materials and equipment stored on or off site, and property at or adjacent to any Worksite. (A) Reporting Requirements. Contractor must immediately notify the City of any death, serious injury or illness resulting from Work on the Project. Contractor must immediately provide a written report to City of each recordable accident or injury occurring at any Worksite within 24 hours of the occurrence. The written report must include: (1) the name and address of the injured or deceased person; (2) the name and address of each employee of Contractor or of any Subcontractor involved in the incident; (3) a detailed description of the incident, including precise location, time, and names and contact information for known witnesses; and (4) a police or first responder report, if applicable. If Contractor is required to file an accident report with a government agency, Contractor will provide a copy of the report to City. (B) Legal Compliance. Contractor’s safety program must comply with the applicable legal and regulatory requirements. Contractor must provide City with copies of all notices required by Laws. (C) Contractor’s Obligations. Any damage or loss caused by Contractor arising from the Work which is not insured under property insurance must be promptly remedied by Contractor. (D) Remedies. If City determines, in its sole discretion, that any part of the Work or Project site is unsafe, City may, without assuming responsibility for Contractor’s safety program, require Contractor or its Subcontractor to cease performance of the Work or to take corrective measures to City’s satisfaction. If Contractor fails to promptly take the required corrective measures, City may perform them and deduct the cost from the 226 CC 02-04-2025 226 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 80 Contract Price. Contractor agrees it is not entitled to submit a Claim for damages, for an increase in Contract Price, or for a change in Contract Time based on Contractor’s compliance with City’s request for corrective measures pursuant to this provision. 10.2 Hazardous Materials. Unless otherwise specified in the Contract Documents, this Contract does not include the removal, handling, or disturbance of any asbestos or other Hazardous Materials. If Contractor encounters materials on the Project site that Contractor reasonably believes to be asbestos or other Hazardous Materials, and the asbestos or other Hazardous Materials have not been rendered harmless, Contractor may continue Work in unaffected areas reasonably believed to be safe, but must immediately cease work on the area affected and report the condition to City. No asbestos, asbestos-containing products or other Hazardous Materials may be used in performance of the Work. 10.3 Material Safety. Contractor is solely responsible for complying with § 5194 of Title 8 of the California Code of Regulations, including by providing information to Contractor’s employees about any hazardous chemicals to which they may be exposed in the course of the Work. A hazard communication program and other forms of warning and training about such exposure must be used. Contractor must also maintain Safety Data Sheets (“SDS”) at the Project site, as required by Laws, for materials or substances used or consumed in the performance of the Work. The SDS will be accessible and available to Contractor’s employees, Subcontractors, and City. (A) Contractor Obligations. Contractor is solely responsible for the proper delivery, handling, use, storage, removal, and disposal of all materials brought to the Project site and/or used in the performance of the Work. Contractor must notify the Engineer if a specified product or material cannot be used safely. (B) Labeling. Contractor must ensure proper labeling on any material brought onto the Project site so that any persons working with or in the vicinity of the material may be informed as to the identity of the material, any potential hazards, and requirements for proper handling, protections, and disposal. 10.4 Hazardous Condition. Contractor is solely responsible for determining whether a hazardous condition exists or is created during the course of the Work, involving a risk of bodily harm to any person or risk of damage to any property. If a hazardous condition exists or is created, Contractor must take all precautions necessary to address the condition and ensure that the Work progresses safely under the circumstances. Hazardous conditions may result from, but are not limited to, use of specified materials or equipment, the Work location, the Project site condition, the method of construction, or the way any Work must be performed. 10.5 Emergencies. In an emergency affecting the safety or protection of persons, Work, or property at or adjacent to any Worksite, Contractor must take reasonable and prompt actions to prevent damage, injury, or loss, without prior authorization from the City if, under the circumstances, there is inadequate time to seek prior authorization from the City. Article 11 - Completion and Warranty Provisions 11.1 Final Completion. (A) Final Inspection and Punch List. When the Work required by this Contract is fully performed, Contractor must provide written notification to City requesting final inspection. The Engineer will schedule the date and time for final inspection, which must 227 CC 02-04-2025 227 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 81 include Contractor’s primary representative for this Project and its superintendent. Based on that inspection, City will prepare a punch list of any items that are incomplete, missing, defective, incorrectly installed, or otherwise not compliant with the Contract Documents. The punch list to Contractor will specify the time by which all of the punch list items must be completed or corrected. The punch list may include City’s estimated cost to complete each punch list item if Contractor fails to do so within the specified time. The omission of any non-compliant item from a punch list will not relieve Contractor from fulfilling all requirements of the Contract Documents. Contractor’s failure to complete any punch list item within the time specified in the punch list will not waive or abridge its warranty obligations for any such items that must be completed by the City or by a third party retained by the City due to Contractor’s failure to timely complete any such outstanding item. (B) Requirements for Final Completion. Final Completion will be achieved upon completion or correction of all punch list items, as verified by City’s further inspection, and upon satisfaction of all other Contract requirements, including any commissioning required under the Contract Documents and submission of all final submittals, including instructions and manuals as required under Section 7.10, and complete, final as-built drawings as required under Section 7.11, all to City’s satisfaction. (C) Acceptance. The Project will be considered accepted upon City Council action during a public meeting to accept the Project, unless the Engineer is authorized to accept the Project, in which case the Project will be considered accepted upon the date of the Engineer’s issuance of a written notice of acceptance. In order to avoid delay of Project close out, the City may elect, acting in its sole discretion, to accept the Project as complete subject to exceptions for punch list items that are not completed within the time specified in the punch list. (D) Final Payment and Release of Retention. Final Payment and release of retention, less any sums withheld pursuant to the provisions of the Contract Documents, will not be made sooner than 35 days after recordation of the notice of completion. If Contractor fails to complete all of the punch list items within the specified time, City may withhold up to 150% of City’s estimated cost to complete each of the remaining items from Final Payment and may use the withheld retention to pay for the costs to self- perform the outstanding items or to retain a third party to complete any such outstanding punch list item. 11.2 Warranty. (A) General. Contractor warrants that all materials and equipment will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. Contractor further warrants that the Work will be free from material defects not intrinsic in the design or materials required in the Contract Documents. Contractor warrants that materials or items incorporated into the Work comply with the requirements and standards in the Contract Documents, including compliance with Laws, and that any Hazardous Materials encountered or used were handled as required by Laws. At City’s request, Contractor must furnish satisfactory evidence of the quality and type of materials and equipment furnished. Contractor’s warranty does not extend to damage caused by normal wear and tear, or improper use or maintenance. (B) Warranty Period. Contractor’s warranty must guarantee its Work for a period of one year from the date of Project acceptance (the “Warranty Period”), except when a longer guarantee is provided by a supplier or manufacturer or is required by the Specifications or Special Conditions. Contractor must obtain from its Subcontractors, 228 CC 02-04-2025 228 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 82 suppliers and manufacturers any special or extended warranties required by the Contract Documents. (C) Warranty Documents. As a condition precedent to Final Completion, Contractor must supply City with all warranty and guarantee documents relevant to equipment and materials incorporated into the Work and guaranteed by their suppliers or manufacturers. (D) Subcontractors. The warranty obligations in the Contract Documents apply to Work performed by Contractor and its Subcontractors, and Contractor agrees to be co- guarantor of such Work. (E) Contractor’s Obligations. Upon written notice from City to Contractor of any defect in the Work discovered during the Warranty Period, Contractor or its responsible Subcontractor must promptly correct the defective Work at its own cost. Contractor’s obligation to correct defects discovered during the Warranty Period will continue past the expiration of the Warranty Period as to any defects in Work for which Contractor was notified prior to expiration of the Warranty Period. Work performed during the Warranty Period (“Warranty Work”) will be subject to the warranty provisions in this Section 11.2 for a one-year period that begins upon completion of such Warranty Work to City’s satisfaction. (F) City’s Remedies. If Contractor or its responsible Subcontractor fails to correct defective Work within ten days following notice by City, or sooner if required by the circumstances, City may correct the defects to conform with the Contract Documents at Contractor’s sole expense. Contractor must reimburse City for its costs in accordance with subsection (H), below. (G) Emergency Repairs. In cases of emergency where any delay in correcting defective Work could cause harm, loss or damage, City may immediately correct the defects to conform with the Contract Documents at Contractor’s sole expense. Contractor or its surety must reimburse City for its costs in accordance with subsection (H), below. (H) Reimbursement. Contractor must reimburse City for its costs to repair under subsections (F) or (G), above, within 30 days following City’s submission of a demand for payment pursuant to this provision. If City is required to initiate legal action to compel Contractor’s compliance with this provision, and City is the prevailing party in such action, Contractor and its surety are solely responsible for all of City’s attorney’s fees and legal costs expended to enforce Contractor’s warranty obligations herein, in addition to any and all costs City incurs to correct the defective Work. 11.3 Use Prior to Final Completion. City reserves the right to occupy or make use of the Project, or any portions of the Project, prior to Final Completion if City has determined that the Project or portion of it is in a condition suitable for the proposed occupation or use, and that it is in its best interest to occupy or make use of the Project, or any portions of it, prior to Final Completion. (A) Non-Waiver. Occupation or use of the Project, in whole or in part, prior to Final Completion will not operate as acceptance of the Work or any portion of it, nor will it operate as a waiver of any of City’s rights or Contractor’s duties pursuant to these Contract Documents, and will not affect nor bear on the determination of the time of substantial completion with respect to any statute of repose pertaining to the time for filing an action for construction defect. (B) City’s Responsibility. City will be responsible for the cost of maintenance and repairs due to normal wear and tear with respect to those portions of the Project that are 229 CC 02-04-2025 229 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 83 being occupied or used before Final Completion. The Contract Price or the Contract Time may be adjusted pursuant to the applicable provisions of these Contract Documents if, and only to the extent that, any occupation or use under this Section actually adds to Contractor’s cost or time to complete the Work within the Contract Time. 11.4 Substantial Completion. For purposes of determining “substantial completion” with respect to any statute of repose pertaining to the time for filing an action for construction defect, “substantial completion” is deemed to mean the last date that Contractor or any Subcontractor performs Work on the Project prior to City acceptance of the Project, except for warranty work performed under this Article. Article 12 - Dispute Resolution 12.1 Claims. This Article applies to and provides the exclusive procedures for any Claim arising from or related to the Contract or performance of the Work. (A) Definition. “Claim” means a separate demand by Contractor, submitted in writing by registered or certified mail with return receipt requested, for a change in the Contract Time, including a time extension or relief from liquidated damages, or a change in the Contract Price, when the demand has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been rejected or disputed by City, in whole or in part. A Claim may also include that portion of a unilateral Change Order that is disputed by the Contractor. (B) Limitations. A Claim may only include the portion of a previously rejected demand that remains in dispute between Contractor and City. With the exception of any dispute regarding the amount of money actually paid to Contractor as Final Payment, Contractor is not entitled to submit a Claim demanding a change in the Contract Time or the Contract Price, which has not previously been submitted to City in full compliance with Article 5 and Article 6, and subsequently rejected in whole or in part by City. (C) Scope of Article. This Article is intended to provide the exclusive procedures for submission and resolution of Claims of any amount and applies in addition to the provisions of Public Contract Code § 9204 and § 20104 et seq., which are incorporated by reference herein. (D) No Work Delay. Notwithstanding the submission of a Claim or any other dispute between the parties related to the Project or the Contract Documents, Contractor must perform the Work and may not delay or cease Work pending resolution of a Claim or other dispute, but must continue to diligently prosecute the performance and timely completion of the Work, including the Work pertaining to the Claim or other dispute. (E) Informal Resolution. Contractor will make a good faith effort to informally resolve a dispute before initiating a Claim, preferably by face-to-face meeting between authorized representatives of Contractor and City. 12.2 Claims Submission. The following requirements apply to any Claim subject to this Article: (A) Substantiation. The Claim must be submitted to City in writing, clearly identified as a “Claim” submitted pursuant to this Article 12 and must include all of the documents necessary to substantiate the Claim including the Change Order request that was rejected in whole or in part, and a copy of City’s written rejection that is in dispute. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Contract Documents, and a chronology of relevant events. Any 230 CC 02-04-2025 230 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 84 Claim for additional payment must include a complete, itemized breakdown of all known or estimated labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each component of claimed cost. Any Claim for an extension of time or delay costs must be substantiated with a schedule analysis and narrative depicting and explaining claimed time impacts. (B) Claim Format and Content. A Claim must be submitted in the following format: (1) Provide a cover letter, specifically identifying the submission as a “Claim” submitted under this Article 12 and specifying the requested remedy (e.g., amount of proposed change to Contract Price and/or change to Contract Time). (2) Provide a summary of each Claim, including underlying facts and the basis for entitlement, and identify each specific demand at issue, including the specific Change Order request (by number and submittal date), and the date of City's rejection of that demand, in whole or in part. (3) Provide a detailed explanation of each issue in dispute. For multiple issues included within a single Claim or for multiple Claims submitted concurrently, separately number and identify each individual issue or Claim, and include the following for each separate issue or Claim: a. A succinct statement of the matter in dispute, including Contractor’s position and the basis for that position; b. Identify and attach all documents that substantiate the Claim, including relevant provisions of the Contract Documents, RFIs, calculations, and schedule analysis (see subsection (A), Substantiation, above); c. A chronology of relevant events; and d. Analysis and basis for claimed changes to Contract Price, Contract Time, or any other remedy requested. (4) Provide a summary of issues and corresponding claimed damages. If, by the time of the Claim submission deadline (below), the precise amount of the requested change in the Contract Price or Contract Time is not yet known, Contractor must provide a good faith estimate, including the basis for that estimate, and must identify the date by which it is anticipated that the Claim will be updated to provide final amounts. (5) Include the following certification, executed by Contractor’s authorized representative: “The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Claim submittal are true and correct. Contractor warrants that this Claim submittal is comprehensive and complete as to the matters in dispute, and agrees that any costs, expenses, or delay not included herein are deemed waived.” 231 CC 02-04-2025 231 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 85 (C) Submission Deadlines. (1) A Claim disputing rejection of a request for a change in the Contract Time or Contract Price must be submitted within 15 days following the date that City notified Contractor in writing that a request for a change in the Contract Time or Contract Price, duly submitted in compliance with Article 5 and Article 6, has been rejected in whole or in part. A Claim disputing the terms of a unilateral Change Order must be submitted within 15 days following the date of issuance of the unilateral Change Order. These Claim deadlines apply even if Contractor cannot yet quantify the total amount of any requested change in the Contract Time or Contract Price. If the Contractor cannot quantify those amounts, it must submit an estimate of the amounts claimed pending final determination of the requested remedy by Contractor. (2) With the exception of any dispute regarding the amount of Final Payment, any Claim must be filed on or before the date of Final Payment or will be deemed waived. (3) A Claim disputing the amount of Final Payment must be submitted within 15 days of the effective date of Final Payment, under Section 8.7, Final Payment. (4) Strict compliance with these Claim submission deadlines is necessary to ensure that any dispute may be mitigated as soon as possible, and to facilitate cost-efficient administration of the Project. Any Claim that is not submitted within the specified deadlines will be deemed waived by Contractor. 12.3 City’s Response. City will respond within 45 days of receipt of the Claim with a written statement identifying which portion(s) of the Claim are disputed, unless the 45-day period is extended by mutual agreement of City and Contractor or as otherwise allowed under Public Contract Code § 9204. However, if City determines that the Claim is not adequately substantiated pursuant to Section 12.2(A), Substantiation, City may first request in writing, within 30 days of receipt of the Claim, any additional documentation supporting the Claim or relating to defenses to the Claim that City may have against the Claim. (A) Additional Information. If additional information is thereafter required, it may be requested and provided upon mutual agreement of City and Contractor. If Contractor’s Claim is based on estimated amounts, Contractor has a continuing duty to update its Claim as soon as possible with information on actual amounts in order to facilitate prompt and fair resolution of the Claim. (B) Non-Waiver. Any failure by City to respond within the times specified above will not be construed as acceptance of the Claim, in whole or in part, or as a waiver of any provision of these Contract Documents. 12.4 Meet and Confer. If Contractor disputes City’s written response, or City fails to respond within the specified time, within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the applicable 45-day time period under Section 12.3, respectively, Contractor may notify City of the dispute in writing sent by registered or certified mail, return receipt requested, and demand an informal conference to meet and confer for settlement of the issues in dispute. If Contractor fails to notify City of the dispute and demand an informal conference to meet and confer in writing within the specified time, Contractor’s Claim will be deemed waived. (A) Schedule Meet and Confer. Upon receipt of the demand to meet and confer, City will schedule the meet and confer conference to be held within 30 days, or later if 232 CC 02-04-2025 232 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 86 needed to ensure the mutual availability of each of the individuals that each party requires to represent its interests at the meet and confer conference. (B) Location for Meet and Confer. The meet and confer conference will be scheduled at a location at or near City’s principal office. (C) Written Statement After Meet and Confer. Within ten working days after the meet and confer has concluded, City will issue a written statement identifying which portion(s) of the Claim remain in dispute, if any. (D) Submission to Mediation. If the Claim or any portion remains in dispute following the meet and confer conference, within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute, the Contractor may identify in writing disputed portion(s) of the Claim, which will be submitted for mediation, as set forth below. 12.5 Mediation and Government Code Claims. (A) Mediation. Within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute following the meet and confer, City and Contractor will mutually agree to a mediator, as provided under Public Contract Code § 9204. Mediation will be scheduled to ensure the mutual availability of the selected mediator and all of the individuals that each party requires to represent its interests. If there are multiple Claims in dispute, the parties may agree to schedule the mediation to address all outstanding Claims at the same time. The parties will share the costs of the mediator and mediation fees equally, but each party is otherwise solely and separately responsible for its own costs to prepare for and participate in the mediation, including costs for its legal counsel or any other consultants. (B) Government Code Claims. (1) Timely presentation of a Government Code Claim is a condition precedent to filing any legal action based on or arising from the Contract. Compliance with the Claim submission requirements in this Article 12 is a condition precedent to filing a Government Code Claim. (2) The time for filing a Government Code Claim will be tolled from the time Contractor submits its written Claim pursuant to Section 12.2, above, until the time that Claim is denied in whole or in part at the conclusion of the meet and confer process, including any period of time used by the meet and confer process. However, if the Claim is submitted to mediation, the time for filing a Government Code Claim will be tolled until conclusion of the mediation, including any continuations, if the Claim is not fully resolved by mutual agreement of the parties during the mediation or any continuation of the mediation. 12.6 Tort Claims. This Article does not apply to tort claims and nothing in this Article is intended nor will be construed to change the time periods for filing tort-based Government Code Claims. 12.7 Arbitration. It is expressly agreed, under Code of Civil Procedure § 1296, that in any arbitration to resolve a dispute relating to this Contract, the arbitrator’s award must be supported by law and substantial evidence. 12.8 Burden of Proof and Limitations. Contractor bears the burden of proving entitlement to and the amount of any claimed damages. Contractor is not entitled to damages calculated on a total cost basis, but must prove actual damages. Contractor is not entitled 233 CC 02-04-2025 233 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 87 to speculative, special, or consequential damages, including home office overhead or any form of overhead not directly incurred at the Project site or any other Worksite; lost profits; loss of productivity; lost opportunity to work on other projects; diminished bonding capacity; increased cost of financing for the Project; extended capital costs; non- availability of labor, material or equipment due to delays; or any other indirect loss arising from the Contract. The Eichleay Formula or similar formula will not be used for any recovery under the Contract. The City will not be directly liable to any Subcontractor or supplier. 12.9 Legal Proceedings. In any legal proceeding that involves enforcement of any requirements of the Contract Documents, the finder of fact will receive detailed instructions on the meaning and operation of the Contract Documents, including conditions, limitations of liability, remedies, claim procedures, and other provisions bearing on the defenses and theories of liability. Detailed findings of fact will be requested to verify enforcement of the Contract Documents. All of the City’s remedies under the Contract Documents will be construed as cumulative, and not exclusive, and the City reserves all rights to all remedies available under law or equity as to any dispute arising from or relating to the Contract Documents or performance of the Work. 12.10 Other Disputes. The procedures in this Article 12 will apply to any and all disputes or legal actions, in addition to Claims, arising from or related to this Contract, including disputes regarding suspension or early termination of the Contract, unless and only to the extent that compliance with a procedural requirement is expressly and specifically waived by City. Nothing in this Article is intended to delay suspension or termination under Article 13. Article 13 - Suspension and Termination 13.1 Suspension for Cause. In addition to all other remedies available to City, if Contractor fails to perform or correct Work in accordance with the Contract Documents, including non-compliance with applicable environmental or health and safety Laws, City may immediately order the Work, or any portion of it, suspended until the circumstances giving rise to the suspension have been eliminated to City’s satisfaction. (A) Notice of Suspension. Upon receipt of City’s written notice to suspend the Work, in whole or in part, except as otherwise specified in the notice of suspension, Contractor and its Subcontractors must promptly stop Work as specified in the notice of suspension; comply with directions for cleaning and securing the Worksite; and protect the completed and in-progress Work and materials. Contractor is solely responsible for any damages or loss resulting from its failure to adequately secure and protect the Project. (B) Resumption of Work. Upon receipt of the City’s written notice to resume the suspended Work, in whole or in part, except as otherwise specified in the notice to resume, Contractor and its Subcontractors must promptly re-mobilize and resume the Work as specified; and within ten days from the date of the notice to resume, Contractor must submit a recovery schedule, prepared in accordance with the Contract Documents, showing how Contractor will complete the Work within the Contract Time. (C) Failure to Comply. Contractor will not be entitled to an increase in the Contract Time or Contract Price for a suspension occasioned by Contractor’s failure to comply with the Contract Documents. 234 CC 02-04-2025 234 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 88 (D) No Duty to Suspend. City’s right to suspend the Work will not give rise to a duty to suspend the Work, and City’s failure to suspend the Work will not constitute a defense to Contractor’s failure to comply with the requirements of the Contract Documents. 13.2 Suspension for Convenience. City reserves the right to suspend, delay, or interrupt the performance of the Work in whole or in part, for a period of time determined to be appropriate for City’s convenience. Upon notice by City pursuant to this provision, Contractor must immediately suspend, delay, or interrupt the Work and secure the Project site as directed by City except for taking measures to protect completed or in- progress Work as directed in the suspension notice, and subject to the provisions of Section 13.1(A) and (B), above. If Contractor submits a timely request for a Change Order in compliance with Articles 5 and 6, the Contract Price and the Contract Time will be equitably adjusted by Change Order pursuant to the terms of Articles 5 and 6 to reflect the cost and delay impact occasioned by such suspension for convenience, except to the extent that any such impacts were caused by Contractor’s failure to comply with the Contract Documents or the terms of the suspension notice or notice to resume. However, the Contract Time will only be extended if the suspension causes or will cause unavoidable delay in Final Completion. If Contractor disputes the terms of a Change Order issued for such equitable adjustment due to suspension for convenience, its sole recourse is to comply with the Claim procedures in Article 12. 13.3 Termination for Default. City may declare that Contractor is in default of the Contract for a material breach of or inability to fully, promptly, or satisfactorily perform its obligations under the Contract. (A) Default. Events giving rise to a declaration of default include Contractor’s refusal or failure to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; Contractor’s refusal or failure to make prompt payment to its employees, Subcontractors, or suppliers or to correct defective Work or damage; Contractor’s failure to comply with Laws, or orders of any public agency with jurisdiction over the Project; evidence of Contractor’s bankruptcy, insolvency, or lack of financial capacity to complete the Work as required within the Contract Time; suspension, revocation, or expiration and nonrenewal of Contractor’s license or DIR registration; dissolution, liquidation, reorganization, or other major change in Contractor’s organization, ownership, structure, or existence as a business entity; unauthorized assignment of Contractor’s rights or duties under the Contract; or any material breach of the Contract requirements. (B) Notice of Default and Opportunity to Cure. Upon City’s declaration that Contractor is in default due to a material breach of the Contract Documents, if City determines that the default is curable, City will afford Contractor the opportunity to cure the default within ten days of City’s notice of default, or within a period of time reasonably necessary for such cure, including a shorter period of time if applicable. (C) Termination. If Contractor fails to cure the default or fails to expediently take steps reasonably calculated to cure the default within the time period specified in the notice of default, City may issue written notice to Contractor and its performance bond surety of City’s termination of the Contract for default. (D) Waiver. Time being of the essence in the performance of the Work, if Contractor’s surety fails to arrange for completion of the Work in accordance with the Performance Bond within seven calendar days from the date of the notice of termination pursuant to paragraph (C), City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other means that City determines advisable under the circumstances. Contractor and its surety will be jointly and severally liable for any additional cost incurred by City to 235 CC 02-04-2025 235 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 89 complete the Work following termination, where “additional cost” means all cost in excess of the cost City would have incurred if Contractor had timely completed Work without the default and termination. In addition, City will have the right to immediate possession and use of any materials, supplies, and equipment procured for the Project and located at the Project site or any Worksite on City property for the purposes of completing the remaining Work. (E) Compensation. Within 30 days of receipt of updated as-builts, all warranties, manuals, instructions, or other required documents for Work installed to date, and delivery to City of all equipment and materials for the Project for which Contractor has already been compensated, Contractor will be compensated for the Work satisfactorily performed in compliance with the Contract Documents up to the effective date of the termination pursuant to the terms of Article 8, Payment, subject to City’s rights to withhold or deduct sums from payment otherwise due pursuant to Section 8.3, and excluding any costs Contractor incurs as a result of the termination, including any cancellation or restocking charges or fees due to third parties. If Contractor disputes the amount of compensation determined by City, its sole recourse is to comply with the Claim Procedures in Article 12, by submitting a Claim no later than 30 days following notice from City of the total compensation to be paid by City. (F) Wrongful Termination. If Contractor disputes the termination, its sole recourse is to comply with the Claim procedures in Article 12. If a court of competent jurisdiction or an arbitrator later determines that the termination for default was wrongful, the termination will be deemed to be a termination for convenience, and Contractor’s damages will be strictly limited to the compensation provided for termination for convenience under Section 13.4, below. Contractor waives any claim for any other damages for wrongful termination including special or consequential damages, lost opportunity costs, or lost profits, and any award of damages is subject to Section 12.8, Burden of Proof and Limitations. 13.4 Termination for Convenience. City reserves the right, acting in its sole discretion, to terminate all or part of the Contract for convenience upon written notice to Contractor. (A) Compensation to Contractor. In the event of City’s termination for convenience, Contractor waives any claim for damages, including for loss of anticipated profits from the Project. The following will constitute full and fair compensation to Contractor, and Contractor will not be entitled to any additional claim or compensation: (1) Completed Work. The value of its Work satisfactorily performed as of the date notice of termination is received, based on Contractor’s schedule of values and unpaid costs for items delivered to the Project site that were fabricated for incorporation in the Work; (2) Demobilization. Demobilization costs specified in the schedule of values, or if demobilization costs were not provided in a schedule of values pursuant to Section 8.1, then based on actual, reasonable, and fully documented demobilization costs; and (3) Termination Markup. Five percent of the total value of the Work performed as of the date of notice of termination, including reasonable, actual, and documented costs to comply with the direction in the notice of termination for convenience, and demobilization costs, which is deemed to cover all overhead and profit to date. (B) Disputes. If Contractor disputes the amount of compensation determined by City pursuant to paragraph (A), above, its sole recourse is to comply with the Claim 236 CC 02-04-2025 236 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 90 procedures in Article 12, by submitting a Claim no later than 30 days following notice from City of total compensation to be paid by City. 13.5 Actions Upon Termination for Default or Convenience. The following provisions apply to any termination under this Article, whether for default or convenience, and whether in whole or in part. (A) General. Upon termination, City may immediately enter upon and take possession of the Project and the Work and all tools, equipment, appliances, materials, and supplies procured or fabricated for the Project. Contractor will transfer title to and deliver all completed Work and all Work in progress to City. (B) Submittals. Unless otherwise specified in the notice of termination, Contractor must immediately submit to City all designs, drawings, as-built drawings, Project records, contracts with vendors and Subcontractors, manufacturer warranties, manuals, and other such submittals or Work-related documents required under the terms of the Contract Documents, including incomplete documents or drafts. (C) Close Out Requirements. Except as otherwise specified in the notice of termination, Contractor must comply with all of the following: (1) Immediately stop the Work, except for any Work that must be completed pursuant to the notice of termination and comply with City’s instructions for cessation of labor and securing the Project and any other Worksite(s). (2) Comply with City’s instructions to protect the completed Work and materials, using best efforts to minimize further costs. (3) Contractor must not place further orders or enter into new subcontracts for materials, equipment, services or facilities, except as may be necessary to complete any portion of the Work that is not terminated. (4) As directed in the notice, Contractor must assign to City or cancel existing subcontracts that relate to performance of the terminated Work, subject to any prior rights, if any, of the surety for Contractor’s performance bond, and settle all outstanding liabilities and claims, subject to City’s approval. (5) As directed in the notice, Contractor must use its best efforts to sell any materials, supplies, or equipment intended solely for the terminated Work in a manner and at market rate prices acceptable to City. (D) Payment Upon Termination. Upon completion of all termination obligations, as specified herein and in the notice of termination, Contractor will submit its request for Final Payment, including any amounts due following termination pursuant to this Article 13. Payment will be made in accordance with the provisions of Article 8, based on the portion of the Work satisfactorily completed, including the close out requirements, and consistent with the previously submitted schedule of values and unit pricing, including demobilization costs. Adjustments to Final Payment may include deductions for the cost of materials, supplies, or equipment retained by Contractor; payments received for sale of any such materials, supplies, or equipment, less re-stocking fees charged; and as otherwise specified in Section 8.3, Adjustment of Payment Application. (E) Continuing Obligations. Regardless of any Contract termination, Contractor’s obligations for portions of the Work already performed will continue and the provisions of the Contract Documents will remain in effect as to any claim, indemnity obligation, 237 CC 02-04-2025 237 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A GENERAL CONDITIONS CIP Project #2022-15 Page 91 warranties, guarantees, submittals of as-built drawings, instructions, or manuals, record maintenance, or other such rights and obligations arising prior to the termination date. Article 14 - Miscellaneous Provisions 14.1 Assignment of Unfair Business Practice Claims. Under Public Contract Code § 7103.5, Contractor and its Subcontractors agree to assign to City all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or any subcontract. This assignment will be effective at the time City tenders Final Payment to Contractor, without further acknowledgement by the parties. 14.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the Contract Documents is deemed to be inserted, and the Contract Documents will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract Documents will be deemed amended accordingly. 14.3 Waiver. City’s waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of the Contract Documents will not be effective unless it is in writing and signed by City. City’s waiver of any breach, failure, right, or remedy will not be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless specified in writing by City. 14.4 Titles, Headings, and Groupings. The titles and headings used and the groupings of provisions in the Contract Documents are for convenience only and may not be used in the construction or interpretation of the Contract Documents or relied upon for any other purpose. 14.5 Statutory and Regulatory References. With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that bids were due. 14.6 Survival. The provisions that survive termination or expiration of this Contract include Contract Section 11, Notice, and subsections 12.1, 12.2, 12.3, 12.4, 12.5, and 12.6 of Section 12, General Provisions; and the following provisions in these General Conditions: Section 2.2(J), Contractor’s Records, Section 2.3(C), Termination, Section 3.7, Ownership, Section 4.2, Indemnity, Article 12, Dispute Resolution, and Section 11.2, Warranty. END OF GENERAL CONDITIONS 238 CC 02-04-2025 238 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A SPECIAL CONDITIONS CIP Project #2022-15 Page 92 Special Conditions 1. Proper Disposal. All demolished material, including existing signal pole removal, shall be disposed of in a legal location. Contractor shall provide documentation to the City where materials will be disposed at. 2. Authorized Work Days and Hours. 2.1 Authorized Work Days. Except as expressly authorized in writing by City, Contractor is limited to performing Work on the Project on the following days of the week, excluding holidays observed by City: Monday to Friday. 2.2 Authorized Work Hours. Except as expressly authorized in writing by City, Contractor is limited to performing Work on the Project between 7:00 a.m. to 4:00 p.m., Monday through Friday (excluding City observed holidays). Any request for work outside of these hours must be submitted in writing and approved in advance by the City’s Team two working days in advance. No equipment or material may be delivered or off-hauled except between the hours of 7:00 a.m. and 4:00 p.m. No equipment that has a safety back up beeper may be operated before 7:00 a.m. on any day. Contractor shall obtain City’s approval prior to any lane closure. Traffic control plan must be submitted to the City for review and approval. Lane closures on Stevens Creek Boulevard shall be allowed during the times listed below: West Bound: 9:00 a.m. – 2:30 p.m. East Bound: 9:00 a.m. – 3:00 p.m. Duration of lane closure for bus pad work must be approved by the City prior to work occurring. Note that there are additional restrictions per City of Cupertino Truck Traffic Routes, Section 11.32 of the Cupertino Municipal Code. 2.3 Road Shutdown. Contractor will execute the Work while roads are in operation except for the periods of permitted shutdown. For shutdown periods, Contractor will prepare and submit a detailed plan that includes shutdown schedule, planned sequence of work, milestones and projected times of completions of activities, any anticipated problems, Contractor’s supervisory personnel, actions desired of City and staff, and contingency plans. Contractor will allow sufficient time for review and re-submittal of the shutdown plan until acceptable to City. Contractor will employ sufficient labor, superintendence, and equipment on a 24-hour, 7 days a week basis during shutdown and other operational disruptions to complete Work within the specified periods at no additional cost to the City. Once initiated, Work may proceed on extra shift or around-the-clock basis as necessary. When required to minimize treatment process interruptions while complying with specified sequencing constraints, Contractor will provide power, lighting, controls, instrumentation, and safety devices. 2.4 Noise Limitation. No non-construction noise will be allowed, this includes amplified music, radio or other noise not due to construction activities. 3. Pre-Construction Conference. City will designate a date and time for a pre- construction conference with Contractor following Contract execution. Project administration procedures and coordination between City and Contractor will be discussed, and Contractor must present City with the following information or documents at the meeting for City’s review and acceptance before the Work commences: 239 CC 02-04-2025 239 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A SPECIAL CONDITIONS CIP Project #2022-15 Page 93 3.1 Name, 24-hour contact information, and qualifications of the proposed on-site superintendent; 3.2 List of all key Project personnel and their complete contact information, including email addresses and telephone numbers during regular hours and after hours; 3.3 Staging plans that identify the sequence of the Work, including any phases and alternative sequences or phases, with the goal of minimizing the impacts on residents, businesses and other operations in the Project vicinity; 3.4 Traffic control plans associated with the staging plans that are signed and stamped by a licensed traffic engineer; 3.5 Draft baseline schedule for the Work as required under Section 5.2 of the General Conditions, to be finalized within ten days after City issues the Notice to Proceed; 3.6 Breakdown of lump sum bid items, to be used for determining the value of Work completed for future progress payments to Contractor; 3.7 Schedule with list of Project submittals that require City review, and list of the proposed material suppliers; 3.8 Plan for coordination with affected utility owner(s) and compliance with any related permit requirements; 3.9 Videotape and photographs recording the conditions throughout the pre- construction Project site, showing the existing improvements and current condition of the curbs, gutters, sidewalks, signs, landscaping, streetlights, structures near the Project such as building faces, canopies, shades and fences, and any other features within the Project area limits; 3.10 If requested by City, Contractor’s cash flow projections; and 3.11 Any other documents specified in the Special Conditions or Notice of Potential Award. 4. Insurance Requirements. The insurance requirements under Section 4.3 of the General Conditions are modified for this Contract, as set forth below. Except as expressly stated below, all other provisions in Section 4.3 are unchanged and remain in full force and effect. 4.1 Builders Risk Insurance Waived. The builder’s risk insurance policy requirement set forth in subsection 4.3(A)(5) of the General Conditions is hereby waived and does not apply to this Contract. 5. Construction Manager Role and Authority. A Construction Manager will be assigned to this Project. The Construction Manager will assist City in the management of the construction of the Project. The Construction Manager may perform services in the areas of supervision and coordination of the work of Contractor and/or other contractors, scheduling the Work, monitoring the progress of the Work, providing City with evaluations and recommendations concerning the quality of the Work, recommending the approval of progress payments to Contractor, or other services for the Project in accordance with the Construction Manager’s contract with City. 240 CC 02-04-2025 240 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A SPECIAL CONDITIONS CIP Project #2022-15 Page 94 5.1 Communications. Contractor must submit all notices and communications relating to the Work directly to the Construction Manager and to the City in writing. 5.2 On-Site Management and Communication Procedures. The Construction Manager will provide and maintain a management team on the Project site to provide contract administration as an agent of City, and will establish and implement coordination and communication procedures among City, the Design Professional, Contractor, and others. 5.3 Contract Administration Procedures. The Construction Manager will establish and implement procedures for reviewing and processing requests for clarifications and interpretations of the Contract Documents, Shop Drawings, samples, other submittals, schedule adjustments, Change Order proposals, written proposals for substitutions, payment applications, and maintenance of logs. 5.4 Pre-Construction Conference. Contractor will attend the pre-construction conference, during which the Construction Manager will review the Contract administration procedures and Project requirements. 5.5 Contractor’s Construction Schedule. The Construction Manager will review Contractor’s construction schedules and will verify that each schedule is prepared in accordance with the requirements of the Contract Documents. 6. Federally Funded Projects. This Project is funded in whole or in part by federal funds and subject to the following federal requirements under the terms of the funding agreement(s) between City and the federal agency or agencies providing federal funds, which are fully incorporated by this reference and made part of the Contract Documents. Copies of any funding agreement between City and a funding agency will be made available upon request. 6.1 Equal Opportunity. During the performance of this Contract, the Contractor agrees as follows: (A) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action will include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (B) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (C) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or 241 CC 02-04-2025 241 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A SPECIAL CONDITIONS CIP Project #2022-15 Page 95 applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision will not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor’s legal duty to furnish information. (D) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers’ representatives of the Contractor’s commitments under this section, and will post copies of the notice in conspicuous places available to employees and applicants for employment. (E) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the United States Secretary of Labor. (F) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the United States Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the United States Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (G) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further federal government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the United States Secretary of Labor, or as otherwise provided by law. (H) The Contractor will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (H) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the United States Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the City or funding agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or vendor as a result of such direction by the City or funding agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 242 CC 02-04-2025 242 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A SPECIAL CONDITIONS CIP Project #2022-15 Page 96 6.2 Davis-Bacon Act. Contractor will pay wages to laborers and mechanics, not less than once a week, and at a rate not less than the current federal prevailing wages specified in the Davis-Bacon Act Wage Determination attached hereto and incorporated herein. By entering into this Contract, Contractor accepts the attached Wage Determination. 6.3 Copeland “Anti-Kickback” Act. Contractor will comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 CFR Part 3 as may be applicable, which are incorporated by reference into this Contract. Contractor and Subcontractors must insert this requirement into subcontracts of any tier. Contractor is responsible for compliance with these requirements by each Subcontractor of any tier. 6.4 Contract Work Hours and Safety Standards Act. In addition to the California state law requirements in Article 9 of the General Conditions, Contractor and each Subcontractor must comply with the requirements of the federal Contract Work Hours and Safety Standards Act, as set forth in 40 U.S.C. 3701-3708, as supplemented by the regulations set forth in 29 CFR Part 5, as may be amended from time to time, which are fully incorporated herein, including: (A) No Contractor or Subcontractor will require or permit any laborer or mechanic performing Work for the Project to work in excess of 40 hours in a work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours during that work week. (B) If Contractor or a Subcontractor violates this requirement, the Contractor and any responsible Subcontractor will be liable for the unpaid wages. In addition, the Contractor and Subcontractor will be liable to the United States for liquidated damages. The liquidated damages will be computed with respect to each individual worker as specified under federal law. (C) Contractor and Subcontractors must insert this requirement into subcontracts of any tier. Contractor is responsible for compliance with these requirements by each Subcontractor of any tier. 6.5 Clean Air Act. If the Contract is for an amount in excess of $150,000, Contractor and each Subcontractor must comply with the requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401-7671q), which are fully incorporated into the Contract Documents by this reference, including requirements for reporting violations to the awarding agency and the applicable Regional Office for the Environmental Protection Agency. Contractor and Subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000. 6.6 Federal Water Pollution Control Act. If the Contract is for an amount in excess of $150,000, the requirements of the Federal Water Pollution Control Act (33 U.S.C. §§ 1251-1387) apply to this Contract and are fully incorporated into the Contract Documents by this reference, including requirements for reporting violations to the awarding agency and the applicable Regional Office for the Environmental Protection Agency. Contractor and Subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000. 243 CC 02-04-2025 243 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A SPECIAL CONDITIONS CIP Project #2022-15 Page 97 6.7 Suspension and Debarment. Contractor is required to verify that neither it, nor its principals, as defined at 2 CFR § 180.995, or its affiliates, as defined at 2 CFR § 180.905, are excluded or disqualified, as defined at 2 CFR §§ 180.935 and 180.940. Contractor must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, and must include a provision requiring compliance with these regulations in any subcontract of any tier. If it is later determined that the Contractor did not comply with the applicable subparts, the Federal Government may pursue available remedies, including, but not limited to, suspension and/or debarment. By submitting a bid and entering into this Contract, Contractor agrees to comply with these requirements. 6.8 Byrd Anti-Lobbying Amendment. If the Contract is for an amount in excess of $100,000, Contractor must comply with the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and file the certification provided at 44 CFR Part 18, Appendix A, and any disclosures, with the applicable federal agency. Each tier certifies to the tier above that it will not and has not used federal-appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier will also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures will be forwarded from tier to tier up to the recipient. 6.9 Procurement of Recovered Materials. The requirements of § 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962, apply to this Contract and are fully incorporated into the Contract Documents by this reference. For individual purchases of $10,000 or more, Contractor will make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (A) competitively within the Contract schedule, (B) in conformance with Contract performance requirements, or (C) at a reasonable price. Information on this requirement, including a list of EPA-designated items, is available at the EPA’s Comprehensive Procurement Guidelines website: https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. 6.10 Prohibition on Covered Telecommunications. Federal loan or grant funds must not be obligated or expended to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, as further specified in 2 CFR § 200.216, which is fully incorporated into the Contract Documents by this reference. Covered telecommunications equipment or services includes equipment produced by, services provided by, or services using equipment produced by: Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); or an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 6.11 Domestic Preferences for Procurements. As appropriate and to the extent consistent with Laws, the City should, to the greatest extent practicable under a 244 CC 02-04-2025 244 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A SPECIAL CONDITIONS CIP Project #2022-15 Page 98 federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, as further specified in 2 CFR § 200.322, which is fully incorporated into the Contract Documents by this reference, including, but not limited to, iron, aluminum, steel, cement, and other manufactured products, as specified therein. The requirements of 2 CFR § 200.322 must be included in all subcontracts and purchase orders for work or products under the federal award. 7. Federal Contract Requirements. This Project is funded in whole or in part by federal funds administered under Caltrans’ Local Assistance Procedures Manual (“LAPM”). LAPM contract requirements are provided in Attachment B - Federal Contract Requirements. Contractor must comply with the requirements set forth in Attachment B. 8. Close Out Requirements. Contractor’s close out requirements include the following, if applicable: 8.1 Contractor must replace, with thermoplastic, any existing striping within and adjacent to the Project site that is damaged during the Work. Partially damaged striping must be replaced in its entirety. 8.2 Contractor must replace any survey monuments that are damaged or removed during the Work, with a Record of Survey filed by a licensed land surveyor as required by California law. 8.3 Before removing any traffic control or street signs on the Project site, Contractor must take photographs showing their original locations. Upon completion of each phase of construction, Contractor must temporarily reset the signs at those locations. Contractor must then replace the signs permanently upon completion of the Work and the cost of their removal and replacement must be included in the Bid Proposal. 9. Lines and Grades Verification. All Work must be done to the lines, grades, and elevations indicated on the Plans and Specifications, and in accordance with all applicable codes and laws. Contractor is required to verify forms and other work comply with lines, grades and elevations. Prior to pouring or placing any concrete or asphalt, Contractor must have a California licensed land surveyor or civil engineer field verify lines, grades and elevations prior to proceeding with the placement of concrete or asphalt. The land surveyor or civil engineer must have at least five years of relevant experience, and must be acceptable to the City. Contractor must provide City verification of the licensing and experience for each proposed land surveyor or civil engineer. Contractor must provide City with inspection results for form and grade work. Contractor must remedy any non-compliant Work at no additional cost to City. 10. Parking Restrictions. Parking is not permitted on the Project site. Contractor and Subcontractors will direct their respective workers to park in approved staging area or other appropriate off-site locations, including public parking facilities or public streets adjacent to or near the Project site, in compliance with applicable parking restrictions and requirements, and without blocking driveways and access. Contractor and its Subcontractors will encourage their respective workers to carpool. 11. Notification of Residents, Schools and Businesses. The Contractor shall notify, in writing, residents, businesses and schools within a 300-foot radius of project limits at a minimum of two times prior to start of construction. The first notice shall be given to all residents, businesses and schools within the project area five working days prior to any 245 CC 02-04-2025 245 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A SPECIAL CONDITIONS CIP Project #2022-15 Page 99 construction operation. The second notice shall be given to residents, businesses and schools two working days prior to any construction operation. Both notices shall be in writing and submitted to the Engineer for review and approval. Sample notice is below. Notices shall include the project name, describe the nature and duration of the Contractor’s operations, and provide a toll-free telephone number or (408) area code number at which a Contractor’s representative may be contacted 24 hour per day for problems or emergencies encountered by residents and/or businesses. Answering machines and voice mail shall not be permitted. The notice shall also contain the City’s Construction Manager contact information. A separate notice shall be given at least two working days prior to any anticipated service/utility disruption or temporary closure of access to any driveway. The notice shall indicate the duration of the disruption. The Contractor shall submit a written request to the Engineer regarding the temporary closure of access to any driveway. No driveway access shall be closed by the Contractor at any time without prior written authorization from the Engineer. If construction operations are delayed for any reason beyond the duration stipulated in the notices, the Contractor shall re-issue written notices that explain the delay and provide a revised schedule. All written notices to residents, schools, businesses, agencies, etc. shall be submitted to the City for review and approval. Provide the City with a schedule of the notification deliveries so that the City can confirm that the notification was completed. Payment for compliance with this section shall be deemed included in the various other items of work, and no additional compensation will be allowed therefore. SAMPLE NOTICE: NOTICE TO RESIDENTS / BUSINESS OWNERS Date: [MONTH] [DAY], [YEAR] Subject: [NAME OF PROJECT] – [Seven Day OR Two Day] Notice This notice is to inform you that the City of Cupertino, Department of Public Works, has contracted with [CONTRACTOR NAME] to [SCOPE OF WORK] along [STREET NAME] from [ADJACENT CROSS STREET] to [ADJACENT CROSS STREET]. This [SCOPE OF WORK] will mainly occur on [WEEKDAYS, SEE “SCHEDULE OF WORKING DAYS/HOURS”] from [START TIME] to [END TIME] and is scheduled to start in your area APPROXIMATELY seven days from the date of this notice and will continue from [START DATE] until [END DATE]. Please be aware that there may be construction activities that cause traffic delays. [CONTRACTOR NAME] will make every effort to maintain normal traffic access and minimize disruption in your neighborhood. No Parking / Tow‐Away signs will be posted in affected areas two working days in advance of enforcement. Access to driveways will be maintained at ALL times during the construction. Prior to activities in your immediate area, you will be sent a notification TWO WORKING DAYS before work begins. [CONTRACTOR NAME] and the City of Cupertino, Department of Public Works, apologize for any inconvenience due to these activities. If you have any questions or need assistance as these activities progress, please call the number(s) listed below: [CONTRACTOR NAME] 246 CC 02-04-2025 246 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A SPECIAL CONDITIONS CIP Project #2022-15 Page 100 [NAME OF PROJECT MANAGER, CONTRACTOR) Project Manager (XXX) XXX‐XXXX (24-hour number) City of Cupertino (NAME OF CONSTRUCTION MANAGEMENT FIRM IF ONE) (PERSON’S NAME FROM CONSTRUCTION MANAGEMENT FIRM) (XXX) XXX‐XXXX (24-hour number) City Office: (408)777-3354 Department of Public Works Thank you for your patience and cooperation, [NAME OF PROJECT MANAGER, CONTRACTOR], Project Manager [NAME OF CONSTRUCTION FIRM] 12. EXISTING EQUIPMENT. Contractor will carefully remove all existing equipment from the Project site. If the City specifies or indicates that equipment is to be salvaged and reused or to remain the property of City then the Contractor will reuse or return the equipment to the City. Contractor will store and protect salvaged equipment specified to be reused in the Work. Contractor will deliver to the City in good condition the equipment that is to remain City property but not be reused in the Work. If an item specified to be salvaged is damaged during its removal, storage, or handling through carelessness or improper procedures, then Contractor will replace that equipment in kind or with a new item. For those items specified to be salvaged Contractor may choose to instead furnish and install new equipment, in which case the original, removed items will become Contractor’s property. Existing materials and equipment removed by Contractor will only be reused in the Work if so specified or indicated by the City. 13. CONNECTIONS TO EXISTING FACILITIES. Unless otherwise specified or indicated, Contractor will make all necessary connections to existing facilities, including structures, drain lines, and utilities such as water, sewer, gas, telephone, and electric. In each case, Contractor will receive permission from City or the owning utility prior to undertaking connections and coordinate as needed to accommodate the facilities operations. Contractor will protect facilities against deleterious substances and damage. 14. SUBMITTALS FOR QUALITY ASSURANCE. In the Technical Specifications, the City may specify quality assurance requirements, including qualifications for special skills and experience required of the Contractor. For any specified skill, the Contractor may use a subcontractor that specializes in the work and meets the performance requirements or the Contractor may self-perform the work, subject to demonstrating the necessary skill, experience, and/or certifications to perform the work. 15. ORDER OF WORK 15.1 Procure long lead time materials including signal poles, mast arms, pre-cast concrete blocks, etc. 15.2 Coordination with VTA and relocation of existing bus stop 15.3 Demolition and construction of bus pad, bus platform, curb, sidewalk, and other improvements on the southeast corner of Stevens Creek Blvd. and De Anza Blvd. 247 CC 02-04-2025 247 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A SPECIAL CONDITIONS CIP Project #2022-15 Page 101 15.4 Stake elevations points, construct forms, and gain written approval from City for concrete improvements 15.5 Traffic signal work 15.6 Roadway striping work 15.7 Installation of precast concrete curbs 16. VTA COORDINATION. The Contractor shall coordinate with the City and Santa Clara Valley Transportation Authority (VTA) regarding the temporary relocation of the existing bus stop located at the southeast corner of the De Anza Boulevard and Stevens Creek Boulevard intersection to the temporary location as identified by VTA. The Contractor shall be responsible for obtaining any permits required from VTA (Construction Access Permit, Oversight Permit, etc.) and related permit fees and compensation shall be paid in the mobilization of the project specifications. The City will contact VTA and obtain the contact information for the VTA representative responsible for assisting with the temporary relocation of the existing bus stop. The City will provide the Contactor the VTA representative contact information. VTA will notify the end users and temporarily relocate the bus stop. Please contact Bus.Stop@vta.org or 408- 321-5800 for coordination of temporary bus stop and construction inspections. Please contact Victoria King at Victoria.King@vta.org or 408-321-5824 for permit applications. The temporary bus stop shall be relocated and functioning prior to the demolition of concrete improvements near the bus stop at the southeast corner of Stevens Creek Blvd. and De Anza Blvd. Prior to project close-out the Contractor shall be responsible for coordinating with the City and VTA regarding the removal of the temporary bus stop by VTA. Contractor temporary bus stop relocation efforts shall be paid in the mobilization of the project specifications. END OF SPECIAL CONDITIONS 248 CC 02-04-2025 248 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A ATTACHMENT A – FEDERAL CIP Project #2022-15 BIDDING REQUIREMENTS Page 102 Attachment A – Federal Bidding Requirements CALTRANS FORM EXHIBIT 12-B MUST BE INCLUDED IN THE BID PACKAGE IN ORDER TO BE DEEMED RESPONSIVE. The following Caltrans Disadvantage Business Enterprises (DBE) forms Exhibit 15-G, Exhibit 15- H (if applicable), and LAPM 9-I must be received by the City no later than 4:00 p.m. on the 5th calendar day after the bid opening. Submit completed forms electronically to JasonW@cupertino.gov. Failure to submit required DBE forms on time may result in the City deeming the bid package non-responsive. The DBE contract goal for this project is 17%. The following Caltrans form are listed here for reference and will be required to be filled out by the awarded contractor throughout construction and for final closeout. All forms can be found on Caltrans Local Assistance Website at: https://dot.ca.gov/programs/local-assistance/forms/local- assistance-procedures-manual-forms. Bidders shall review these forms and factor into their bids the time it will take to complete these forms. • LAPM 16-B: DLA Subcontracting Request • LAPM 9-J: DLA Disadvantaged Business Enterprise Commercially Useful Function Evaluation • Exhibit 9-P: Prompt Payment Certification • Exhibit 16-Z1: Monthly DBE Trucking Verification • Exhibit 17-F: Final Report-Utilization of DBE and First-Tier Subcontractors • Exhibit 17-0 DBE Certification Status Change 249 CC 02-04-2025 249 of 985 Amount Subcontracted DIR Reg Number A A A A A A A A I I I I I I I I I Local Assistance Procedures Manual Exhibit 12-B Bidder’s List of Subcontractors (DBE and Non-DBE) Exhibit 12-B: Bidder’s List of Subcontractor (DBE and Non-DBE) -Part 1 As of March 1, 2015 Contractors (and sub-contractors) wishing to bid on public works contracts must be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at https://www.dir.ca.gov/Public-Works/Contractor- Registration.html. The local agency will verify registration of all contractors and subcontractors on public works projects at bid and thereafter annually to assure that yearly registration is maintained throughout the life of the project. In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater). FEDERAL PROJECT NUMBER: Photocopy this form for additional firms. Subcontractor Name & Location Line Item & Description Subcontract Percentage of Bid Item Contractor License Number DBE (Y/N) DBE Cert Number Annual Gross Receipts NAME < $1 million < $5 million < $10 million City, State < $15 million ge of Firm in years NAME < $1 million < $5 million < $10 million City, State < $15 million ge of Firm in years NAME < $1 million < $5 million < $10 million City, State < $15 million ge of Firm in years NAME < $1 million < $5 million < $10 million City, State < $15 million ge of Firm in years NAME < $1 million < $5 million < $10 million City, State < $15 million ge of Firm in years NAME < $1 million < $5 million < $10 million City, State < $15 million ge of Firm in years NAME < $1 million < $5 million < $10 million City, State < $15 million ge of Firm in years NAME < $1 million < $5 million < $10 million City, State < $15 million ge of Firm in years NAME < $1 million < $5 million < $10 million City, State < $15 million Age of Firm in years Distribution – Original: Local Agency File; Copy: DLAE w/Award Package Page 1 of 2 September 2021 250 CC 02-04-2025 250 of 985 Ag Ag Ag Ag Ag Ag Ag Ag I I I I I I I I I Local Assistance Procedures Manual Exhibit 12-B Bidder’s List of Subcontractors (DBE and Non-DBE) Exhibit 12-B: Bidder’s List of Subcontractor (DBE and Non-DBE) - Part 2 In accordance with Title 49, Section 26 of the Code of Federal Regulations, the Bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project. FEDERAL PROJECT NUMBER: Photocopy this form for additional firms. Subcontractor Name & Location Line Item & Description Subcontract Amount Percentage of Bid Item Subcontracted Contractor License Number DBE (Y/N) DBE Cert Number Annual Gross Receipts DIR Reg Number NAME < $1 million < $5 million < $10 million City, State < $15 million e of Firm in years NAME < $1 million < $5 million < $10 million City, State < $15 million e of Firm in years NAME < $1 million < $5 million < $10 million City, State < $15 million e of Firm in years NAME < $1 million < $5 million < $10 million City, State < $15 million e of Firm in years NAME < $1 million < $5 million < $10 million City, State < $15 million e of Firm in years NAME < $1 million < $5 million < $10 million City, State < $15 million e of Firm in years NAME < $1 million < $5 million < $10 million City, State < $15 million e of Firm in years NAME < $1 million < $5 million < $10 million City, State < $15 million e of Firm in years NAME < $1 million < $5 million < $10 million City, State < $15 million Age of Firm in years Distribution – Original: Local Agency File; Copy: DLAE w/Award Package Page 2 of 2 September 2021 251 CC 02-04-2025 251 of 985 Local Assistance Procedures Manual Exhibit 15-G Construction Contract DBE Commitment Exhibit 15-G: Construction Contract DBE Commitment 1.Local Agency:2.Contract DBE Goal: 3.Project Description: 4.Project Location: 6.Prime Certified DBE: 7. Bid Amount:5.Bidder's Name: 8.Total Dollar Amount for ALL Subcontractors:9.Total Number of ALL Subcontractors: 10. Bid Item Number 11. Description of Work, Service, or Materials Supplied 12. NAICS or Work Category Codes 13.DBE Certification Number 14.DBE Contact Information (Must be certified on the date bids are opened) 15. DBE Dollar Amount Local Agency to Complete this Section upon Execution of Award 16. TOTAL CLAIMED DBE PARTICIPATION 22. Local Agency Contract Number: 23. Federal-Aid Project Number:%24. Bid Opening Date: 25. Contract Award Date: IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above must be consistent, where applicable with the names and items of the work in the "Subcontractor List" submitted with your bid. Written confirmation of each listed DBE is required. 26. Award Amount: Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate. 27. Local Agency Representative’s Signature 28. Date 29. Local Agency Representative’s Name 30. Phone 31. Local Agency Representative’s Title 17. Preparer’s Signature 18. Date 19. Preparer’s Name 20. Phone 21. Preparer’s Title DISTRIBUTION: 1. Original – Local Agency 2.Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract. 3.Include additional copy with award package. Page 1 of 2 January 2023 $ 252 CC 02-04-2025 252 of 985 Local Assistance Procedures Manual Exhibit 15-G Construction Contract DBE Commitment INSTRUCTIONS – CONSTRUCTION CONTRACT DBE COMMITMENT CONTRACTOR SECTION 1. Local Agency -Enter the name of the local agency that is administering the contract. 2. Contract DBE Goal -Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Description -Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 4. Project Location -Enter the project location(s) as it appears on the project advertisement. 5. Bidder’s Name -Enter the contractor’s firm name. 6. Prime Certified DBE -Check box if prime contractor is a certified DBE. 7. Bid Amount -Enter the total contract bid dollar amount for the prime contractor. 8. Total Dollar Amount for ALL Subcontractors – Enter the total dollar amount for all subcontracted contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count. 9. Total number of ALL subcontractors – Enter the total number of all subcontracted contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count. 10. Bid Item Number -Enter bid item number for work, services, or materials supplied to be provided. 11. Description of Work, Services, or Materials Supplied -Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime contractor’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 12.NAICS or Work Category Codes -Enter NAICS or Work Category Codes from the California Unified Certification Program database. 13. DBE Certification Number -Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened. 14. DBE Contact Information -Enter the name, address, and phone number of all DBE subcontracted contractors. Also, enter the prime contractor’s name and phone number, if the prime is a DBE. 15. DBE Dollar Amount -Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime contractor if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 16. Total Claimed DBE Participation -$: Enter the total dollar amounts entered in the “DBE Dollar Amount” column. %: Enter the total DBE participation claimed (“Total Claimed DBE Participation Dollars” divided by item “Bid Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information -Good Faith Efforts of the LAPM). 17. Preparer’s Signature -The person completing the DBE commitment form on behalf of the contractor’s firm must sign their name. 18. Date -Enter the date the DBE commitment form is signed by the contractor’s preparer. 19. Preparer’s Name -Enter the name of the person preparing and signing the contractor’s DBE commitment form. 20. Phone -Enter the area code and phone number of the person signing the contractor’s DBE commitment form. 21. Preparer’s Title -Enter the position/title of the person signing the contractor’s DBE commitment form. LOCAL AGENCY SECTION 22. Local Agency Contract Number -Enter the Local Agency contract number or identifier. 23. Federal-Aid Project Number -Enter the Federal-Aid Project Number(s). 24. Bid Opening Date -Enter the date contract bids were opened. 25. Contract Award Date -Enter the date the contract was executed. 26. Award Amount – Enter the contract award amount as stated in the executed contract. 27. Local Agency Representative’s Signature -The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Contractor Section of this form is complete and accurate. 28. Date -Enter the date the DBE commitment form is signed by the Local Agency Representative. 29. Local Agency Representative’s Name -Enter the name of the Local Agency Representative certifying the contractor’s DBE commitment form. 30. Phone -Enter the area code and phone number of the person signing the contractor’s DBE commitment form. 31. Local Agency Representative Title -Enter the position/title of the Local Agency Representative certifying the contractor’s DBE commitment form. Page 2 of 2 January 2023 253 CC 02-04-2025 253 of 985 Local Assistance Procedures Manual Exhibit 15-H Proposer/Contractor Good Faith Effort EXHIBIT 15-H: PROPOSER/CONTRACTOR GOOD FAITH EFFORTS Cost Proposal Due Date ___________________ PE/CE Federal-aid Project No(s). _____________________ Bid Opening Date ___________________ CON The established a Disadvantaged Business Enterprise (DBE) goal of ___% for this contract. The information provided herein shows the required good faith efforts to meet or exceed the DBE contract goal. Proposers or bidders submit the following information to document their good faith efforts within five (5) calendar days from cost proposal due date or bid opening. Proposers and bidders are recommended to submit the following information even if the Exhibit 10-O1: Consultant Proposal DBE Commitments or Exhibit 15-G: Construction Contract DBE Commitment indicate that the proposer or bidder has met the DBE goal. This form protects the proposer’s or bidder’s eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error. The following items are listed in the Section entitled “Submission of DBE Commitment” of the Special Provisions, please attach additional sheets as needed: A.The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement B.The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Solicited Date of Initial Solicitation Follow Up Methods and Dates Page 1 of 3 May 2020 254 CC 02-04-2025 254 of 985 Local Assistance Procedures Manual Exhibit 15-H Proposer/Contractor Good Faith Effort C.The items of work made available to DBE firms including those unbundled contract work items into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation in order to meet or exceed the DBE contract goal. Items of Proposer or Bidder Breakdown of Amount Percentage Work Normally Performs Item Items ($) Of (Y/N) Contract D.The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: Names, addresses and phone numbers of firms selected for the work above: E.Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining information related to the plans, specifications and requirements for the work which was provided to DBEs: Page 2 of 3 May 2020 255 CC 02-04-2025 255 of 985 Local Assistance Procedures Manual Exhibit 15-H Proposer/Contractor Good Faith Effort F. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining bonding, lines of credit or insurance, necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of Agency/Organization Method/Date of Contact Results H. Any additional data to support a demonstration of good faith efforts: Page 3 of 3 May 2020 256 CC 02-04-2025 256 of 985 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION DLA DBE CONFIRMATION DOT LAPM 9-I (NEW 01/2023) FEDERAL PROJECT NUMBER NAME OF DBE BUSINESS NAME OF DBE REPRESENTATIVE DBE CERTIFICATION NUMBER NAME OF BIDDER NAME OF PRIME CONTRACTOR IF DIFFERENT FROM THE BIDDER NAME OF REPRESENTATIVE OF PRIME CONTRACTOR DATE 1Bid Item Number Item of work and description of services to be subcontracted or materials to be provided Amount ($) 1 If 100% of an item is not to be performed or furnished by the DBE, describe the exact portion of the item to be performed or furnished. DBE firms can use this form as a written confirmation or use an equivalent form. Written confirmation must be submitted no later than 4 pm on the 5th day of bid opening. Total As an authorized representative of a certified disadvantaged business enterprise, I confirm if the bidder is awarded the contract, my business will enter into a contractual agreement with the bidder or prime contractor to perform the type and dollar amount of work shown on the DBE Commitment form. I certify under penalty of perjury that the foregoing is true and correct. Signature of DBE's Authorized Representative Printed Name of DBE's Authorized Representative Title of DBE's Authorized Representative Date ADA Notice This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 711, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at Forms.Management.Unit@dot.ca.gov.257 CC 02-04-2025 257 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A ATTACHMENT B – FEDERAL CIP Project #2022-15 CONTRACT REQUIREMENTS Page 111 Attachment B – Federal Contract Requirements 258 CC 02-04-2025 258 of 985 Exhibit 12-G Required Federal-Aid Contract Language Local Assistance Procedures Manual Page 1 of 21 October 2023 EXHIBIT 12-G: REQUIRED FEDERAL-AID CONTRACT LANGUAGE (For Local Assistance Construction Projects) The following language must be incorporated into all Local Assistance Federal-aid construction contracts. The following language, with minor edits, was taken from the Code of Federal Regulations. MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS SECTION 1. DISADVANTAGED BUSINESS ENTERPRISES (DBE) ..................................................................................... 2 A. Nondiscrimination Statement ............................................................................................................... 3 B. Contract Assurance ............................................................................................................................... 3 C. Prompt Progress Payment .................................................................................................................... 3 D. Prompt Payment of Withheld Funds to Subcontractors ................................................................... 3 E. Termination and Replacement of DBE Subcontractors..................................................................... 4 F. Commitment and Utilization ................................................................................................................. 6 G. Running Tally of Attainments ............................................................................................................... 7 H. Commercially Useful Function ............................................................................................................. 7 I. Use of Joint Checks .............................................................................................................................. 8 2. BID OPENING ...................................................................................................................................................... 9 3. BID RIGGING ....................................................................................................................................................... 9 4. CONTRACT AWARD ........................................................................................................................................... 9 5. CONTRACTOR LICENSE .................................................................................................................................... 9 6. CHANGED CONDITIONS .................................................................................................................................... 9 A. Differing Site Conditions ....................................................................................................................... 9 B. Suspensions of Work Ordered by the Engineer ................................................................................. 9 C. Significant Changes in the Character of Work ................................................................................. 10 7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES ........................................ 10 8. BUY AMERICA ................................................................................................................................................... 10 9. QUALITY ASSURANCE .................................................................................................................................... 11 10. PROMPT PAYMENT .......................................................................................................................................... 12 11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS .......................... 12 12. FEMALE AND MINORITY GOALS .................................................................................................................... 12 13. TITLE VI ASSURANCES.................................................................................................................................... 14 14. FEDERAL TRAINEE PROGRAM ...................................................................................................................... 19 15. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND SERVICES .......................................................................................................................................................... 20 259 CC 02-04-2025 259 of 985 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language Page 2 of 21 October 2023 1. DISADVANTAGED BUSINESS ENTERPRISES (DBE) The contractor, subrecipient or subcontractor shall take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the Agency shows a contract goal for DBEs. The prime contractor shall make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers. The prime contractor shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. An adequate GFE means that the bidder must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If the DBE goal is not met, the contractor needs to complete and submit the DBE GFE documentation as described in Local Assistance Procedures Manual (LAPM) Chapter 9, Section 9.8 within 5 (five) days of bid opening. It is the prime contractor’s responsibility to verify that the DBE firm is certified as a DBE on the date of bid opening by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and Work Code applicable to the type of work the firm will perform on the contract. Additionally, the prime contractor is responsible to document this verification by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at: https://dot.ca.gov/programs/civil-rights/dbe-search. DBE participation will only count toward the California Department of Transportation’s federally mandated statewide overall DBE goal if the DBE performs a commercially useful function under 49 CFR 26.55. Credit for materials or supplies the prime contractor purchases from DBEs counts towards the goal in the following manner: • 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." The prime contractor receives credit towards the goal if they employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d) as follows: • The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals. • The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract. • The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs. • The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract. • The DBE may also lease trucks from a non-DBE firm, including from an owner-operator. The DBE that leases trucks equipped with drivers from a non-DBE is entitled to credit for the total value of transportation services provided by non-DBE leased trucks equipped with drivers not to exceed the value of transportation services on the contract provided by DBE-owned trucks or leased trucks with DBE employee drivers. Additional participation by non-DBE owned trucks equipped with drivers receives credit only for the fee or commission it receives as a result of the lease arrangement. • The DBE may lease trucks without drivers from a non-DBE truck leasing company. If the DBE leases trucks from a non-DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services. 260 CC 02-04-2025 260 of 985 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language Page 3 of 21 October 2023 • A lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. A. Nondiscrimination Statement The contractor, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the Local Agency components of the DBE Program Plan, the contractor, subrecipient or subcontractor will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. B. Contract Assurance Under 49 CFR 26.13(b): The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non-responsible. C. Prompt Progress Payment In accordance with California Business and Professions Code section 7108.5, the prime contractor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made. In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non- DBE subcontractors. D. Prompt Payment of Withheld Funds to Subcontractors The Agency may hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The Agency shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor. The Agency shall include either Method 1, Method 2, or Method 3 below and delete the other two. Method 1: No retainage will be held by the Agency from progress payments due to the prime contractor. Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the 261 CC 02-04-2025 261 of 985 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language Page 4 of 21 October 2023 contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. Method 2: No retainage will be held by the Agency from progress payments due to the prime contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor within seven (7) days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. Method 3: The Agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Agency. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds to Subcontractors shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. E. Termination and Replacement of DBE Subcontractors The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the Agency’s written consent. The prime contractor shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without prior written authorization from the Agency. Unless the Agency’s prior written consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15-G Construction Contract DBE Commitment form, included in the Bid. Termination of DBE Subcontractors After a contract with a specified DBE goal has been executed, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the Agency: 1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project. 2. The Local Agency stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the Local Agency’s bond requirements. 3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law, or is not properly registered with the California Department of Industrial Relations as a public works contractor. 4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to 262 CC 02-04-2025 262 of 985 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language Page 5 of 21 October 2023 perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination). 5. Listed DBE's work is unsatisfactory and not in compliance with the contract. 6. Listed DBE is ineligible to work on the project because of suspension or debarment. 7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness. 8. Listed DBE voluntarily withdraws with written notice from the Contract 9. Listed DBE is ineligible to receive credit for the type of work required. 10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract. 11. The Agency determines other documented good cause. To terminate a DBE or to terminate a portion of a DBE's work, the contractor must use the following procedures: 1. Send a written notice to the DBE of Contractor’s intent to use other forces or material sources and include one or more justifiable reasons listed above. Simultaneously send a copy of this written notice to the Agency. The written notice to the DBE must request they provide any response within five (5) business days to both the Contractor and the Agency by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur. 2. If the DBE does not respond within 5 business days, Contractor may move forward with the request as if the DBE had agreed to Contractor’s written notice. 3. Submit Contractor’s DBE termination request by written letter to the Agency and include: • One or more above listed justifiable reasons along with supporting documentation. • Contractor’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of Contractor’s written notice • The DBE's response to Contractor’s written notice, if received. If a written response was not provided, provide a statement to that effect. The Agency shall respond in writing to Contractor’s DBE termination request within 5 business days. Replacement of DBE Subcontractors After receiving the Agency’s written authorization of DBE termination request, the Contractor must obtain the Agency’s written agreement for DBE replacement. The Contractor must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment. The following procedures shall be followed to request authorization to replace a DBE firm: 1. Submit a request to replace a DBE with other forces or material sources in writing to the Agency which must include: a. Description of remaining uncommitted work items made available for replacement DBE solicitation and participation. b. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following: • Quote for bid item work and description of work to be performed • Proposed subcontract agreement and written confirmation of agreement to perform on the Contract • Revised Subcontracting Request form • Revised Exhibit 15-G: Construction Contract DBE Commitment 2. If Contractor has not identified a DBE replacement firm, submit documentation of the Contractor’s GFEs 263 CC 02-04-2025 263 of 985 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language Page 6 of 21 October 2023 to use DBE replacement firms within 7 days of Agency's authorization to terminate the DBE. The Contractor may request the Agency's approval to extend this submittal period to a total of 14 days. Submit documentation of actions taken to find a DBE replacement firm, such as: • Search results of certified DBEs available to perform the original DBE work identified and/or other work the Contractor had intended to self-perform, to the extent needed to meet the DBE commitment • Solicitations of DBEs for performance of work identified • Correspondence with interested DBEs that may have included contract details and requirements • Negotiation efforts with DBEs that reflect why an agreement was not reached • If a DBE's quote was rejected, provide Contractor’s reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive • Copies of each DBE's and non-DBE's price quotes for work identified, as the Agency may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher • Additional documentation that supports the GFE The Agency shall respond in writing to the Contractor’s DBE replacement request within five (5) business days. The Contractor must submit a revised Subcontracting Request form if the replacement plan is authorized by the Agency. F. Commitment and Utilization The Agency’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization. The bidder shall complete and sign Exhibit 15-G: Construction Contract DBE Commitment included in the contract documents regardless of whether DBE participation is reported. The bidder shall provide written confirmation from each DBE that the DBE is participating in the Contract. LAPM Exhibit 9-I: DBE Confirmation or equivalent form and DBE’s quote must be submitted. The written confirmation must be submitted no later than 4pm on the 5th day after bid opening. If a DBE is participating as a joint venture partner, the bidder shall submit a copy of the joint venture agreement. If the DBE Commitment form, Exhibit 15-G, is not submitted with the bid, it must be completed and submitted by all bidders to the Agency within five (5) days of bid opening. If the bidder does not submit the DBE Commitment form within the specified time, the Agency will find the bidder’s bid nonresponsive. The prime contractor shall use each DBE subcontractor as listed on Exhibit 15-G: Construction Contract DBE Commitment unless they receive written authorization for a termination or replacement from the Agency. The Agency shall request the prime contractor to: 1. Notify the Resident Engineer or Inspector of any changes to its anticipated DBE participation 2. Provide this notification before starting the affected work 3. Maintain records including: • Name and business address of each 1st-tier subcontractor • Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking company, regardless of tier • Date of payment and total amount paid to each DBE (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment) If the prime contractor is a DBE contractor, they shall include the date of work performed by their own forces and the corresponding value of the work. Before the 15th of each month, the prime contractor shall submit a Monthly DBE Trucking Verification (LAPM Exhibit 16-Z1) form. 264 CC 02-04-2025 264 of 985 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language Page 7 of 21 October 2023 If a DBE is decertified before completing its work, the DBE must notify the prime contractor in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify the prime contractor in writing of the certification date. The prime contractor shall submit the notifications. Upon work completion, the prime contractor shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form within 30 days of contract acceptance. Upon work completion, the prime contractor shall complete Exhibit 17-F: Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it within 90 days of contract acceptance. The Agency will withhold $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form. G. Running Tally of Attainments For projects awarded on or after March 1, 2020, but before September 1, 2023: After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant must complete and email the Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to business.support.unit@dot.ca.gov with a copy to local administering agencies. For projects that are awarded on or after September 1, 2023: Exhibit 9-F is no longer required. Instead, by the 15th of the month following the month of any payment(s), the prime contractor must now submit Exhibit 9-P to the Local Agency administering the contract. If the Contractor does not make any payments to subcontractors, supplier(s) and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P. H. Commercially Useful Function DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work on the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that the DBE is not performing a CUF. Additionally, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. The Contractor must perform CUF evaluation for each DBE company working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work, and continue to monitor the performance of CUF for the duration of the project. The Contractor must provide written notification to the AGENCY at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place. Within 10 (ten) days of a DBE initially performing work or supplying materials on the contract, the Contractor shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9-J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal: • Subcontract agreement with the DBE • Purchase orders • Bills of lading • Invoices • Proof of payment 265 CC 02-04-2025 265 of 985 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language Page 8 of 21 October 2023 The Contractor must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. The Contractor must submit to the AGENCY these quarterly evaluations and validations by the 5th of the month for the previous three (3) months of work. The Contractor must notify the AGENCY immediately if the Contractor believes the DBE may not be performing a CUF. The AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional AGENCY evaluations. The AGENCY must evaluate DBEs and their CUF performance throughout the duration of a Contract. The AGENCY will provide written notice to Contractor and DBE at least two (2) business days prior to any evaluation. The Contractor and DBE must participate in the evaluation. Upon completing the evaluation, the AGENCY must share the evaluation results with the Contractor and DBE. An evaluation could include items that must be remedied upon receipt. If the AGENCY determines the DBE is not performing a CUF the Contractor must suspend performance of the noncompliant work. The Contractor and DBEs must submit any additional CUF related records and documents within five (5) business days of AGENCY’s request such as: • Proof of ownership or lease and rental agreements for equipment • Tax records • Employee rosters • Certified payroll records • Inventory rosters Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE. If the Contractor and/or the AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, immediately suspend performance of the noncompliant portion of the work. The AGENCY may deny payment for the noncompliant portion of the work. The AGENCY will ask the Contractor to submit a corrective action plan (CAP) to the AGENCY within five (5) days of the noncompliant CUF determination. The CAP must identify how the Contractor will correct the noncompliance findings for the remaining portion of the DBE's work. The AGENCY has five (5) days to review the CAP in conjunction with the prime contractor’s review. The Contractor must implement the CAP within five (5) days of the AGENCY's approval. The AGENCY will then authorize the prior noncompliant portion of work for the DBE's committed work. If corrective actions cannot be accomplished to ensure the DBE performs a CUF on the Contract, then the Contractor may have good cause to request termination of the DBE. I. Use of Joint Checks A joint check may be used between the Contractor or lower-tier subcontractor and a DBE subcontractor purchasing materials from a material supplier if the contractor obtains prior approval from the LPA for the proposed use of joint check upon submittal of the LAPM 9-K: DLA Disadvantaged Business Enterprises (DBE) Joint Check Agreement Request form. To use a joint check, the following conditions must be met: • All parties, including the Contractor, must agree to the use of a joint check • Entity issuing the joint check acts solely to guarantee payment • DBE must release the check to the material supplier • LPA must authorize the request before implementation • Any party to the agreement must provide requested documentation within 10 days of the LPA's request for the documentation • Agreement to use a joint check must be short-term, not to exceed 1 year, allowing sufficient time needed to establish or increase a credit line with the material supplier 266 CC 02-04-2025 266 of 985 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language Page 9 of 21 October 2023 A request for a joint check agreement may be initiated by any party. If a joint check is used, the DBE remains responsible for all elements of 49 CFR 26.55(c)(1). Failure to comply with the above requirements disqualifies DBE participation and results in no credit and no payment to the Contractor for DBE participation. A joint check may not be used between the Contractor or subcontractor and a DBE regular dealer, bulk material supplier, manufacturer, wholesaler, broker, trucker, packager, manufacturer’s representative, or other persons who arrange or expedite transactions. 2. BID OPENING The Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors. 3. BID RIGGING The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424- 9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. 4. CONTRACT AWARD If the Agency awards the contract, the award is made to the lowest responsible and responsive bidder. 5. CONTRACTOR LICENSE The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (23 CFR 635.110). 6. CHANGED CONDITIONS A. Differing Site Conditions 1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. 2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted. 3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice. 4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. [This provision may be omitted by the Local Agency, at their option.] B. Suspensions of Work Ordered by the Engineer 1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. 2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted. 267 CC 02-04-2025 267 of 985 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language Page 10 of 21 October 2023 3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. 4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. C. Significant Changes in the Character of Work 1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered. 2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable. 3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. 4. The term “significant change” shall be construed to apply only to the following circumstances: • When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or • When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. 7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed. This work shall be diligently prosecuted to completion before the expiration of WORKING DAYS beginning on the fifteenth calendar day after the date shown on the Notice to Proceed. The Contractor shall pay to the City/County the sum of $ per day, for each and every calendar days’ delay in finishing the work in excess of the number of working days prescribed above. 8. BUY AMERICA Buy America Requirements apply to steel and iron, manufactured products, and construction materials permanently incorporated into the project. Steel and Iron Materials All steel and iron materials must be melted and manufactured in the United States except: 1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)]; 2. If the total combined cost of the materials produced outside the United States does not exceed the greater of 0.1 percent of the total contract amount or $2,500, materials produced outside the United States may be used if authorized. Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. All melting and manufacturing processes for these materials, including an application of a coating, must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coating is applied. 268 CC 02-04-2025 268 of 985 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language Page 11 of 21 October 2023 Manufactured Products Iron and steel used in precast concrete manufactured products must meet the requirements of the above section (Steel and Iron Materials) regardless of the amount used. Iron and steel used in other manufactured products must meet the requirements of the above section (Steel and Iron Materials) if the weight of steel and iron components constitute 90 percent or more of the total weight of the manufactured product. Construction Materials Buy America requirements apply to the following construction materials that are or consist primarily of: 1. Non-ferrous metals 2. Plastic and polymer-based products such as: 2.1 Polyvinylchloride 2.2 Composite Building Materials 3. Glass 4. Fiber optic cable (including drop cable) 5. Optical fiber 6. Lumber 7. Engineered wood 8. Drywall All manufacturing processes for these materials as defined in 2 CFR 184.6 must occur in the United States. Where one or more of these construction materials have been combined by a manufacturer with other materials through a manufacturing process, Buy America requirements do not apply unless otherwise specified. Furnish construction materials to be incorporated into the work with certificates of compliance with each project delivery. Manufacturer’s certificate of compliance must identify where the construction material was manufactured and attest specifically to Buy America compliance. All manufacturing processes for these materials must occur in the United States. Buy America requirements do not apply to the following: 1. Tools and construction equipment used in performing the work 2. Temporary work that is not incorporated into the finished project Waivers If Buy America waivers are granted, use the following language to include in the contract: The following steel and iron products, manufactured products, or construction materials have received an approved Buy America waiver for this contract, and therefore, are not subject to Buy America requirements: 1. _______________________________ 2. _______________________________ 9. QUALITY ASSURANCE The Local Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. The Local Agency may examine the records and reports of tests the prime contractor performs if they are available at the job site. Schedule work to allow time for QAP. 269 CC 02-04-2025 269 of 985 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language Page 12 of 21 October 2023 10. PROMPT PAYMENT A. FROM THE AGENCY TO THE CONTRACTORS The Local Agency shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from the Contractor on a construction contract. If the Local Agency fails to pay promptly, the Local Agency shall pay interest to the Contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the Local Agency shall act in accordance with both of the following: 1. The Local Agency shall review each payment request as soon as feasible after receipt to verify it is a proper payment request. 2. The Local Agency must return any payment request deemed improper by the Local Agency to the Contractor as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request. B. SUBMITTAL OF EXHIBIT 9-P For projects awarded on or after September 1, 2023: The Contractor must submit Exhibit 9-P to the Local Agency administering the contract by the 15th of the month following the month of any payment(s). If the Contractor does not make any payments to subcontractors, supplier(s) and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P. The Local Agency must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfall to the DBE commitment and prompt payment issues until the end of the project. The Local Agency must email a copy of Exhibit 9-P to DBE.Forms@dot.ca.gov before the end of the month after receiving the Exhibit 9-P from the Contractor. 11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS [Form FHWA-1273 must be physically inserted into the contract without modification, excluding ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS.] [The current version of Form FHWA-1273 is accessible at FHWA’s website: https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf] 12. FEMALE AND MINORITY GOALS To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts," the following are for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed $10,000: The nationwide goal for female utilization is 6.9 percent. The goals for minority utilization (45 Fed Reg 65984 (10/3/1980)) are as follows: 270 CC 02-04-2025 270 of 985 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language Page 13 of 21 October 2023 MINORITY UTILIZATION GOALS Economic Area Goal (Percent) 174 Redding CA: Non-SMSA (Standard Metropolitan Statistical Area) Counties: CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama 6.8 175 Eureka, CA Non-SMSA Counties: CA Del Norte; CA Humboldt; CA Trinity 6.6 San Francisco-Oakland-San Jose, CA: 28.9 25.6 19.6 14.9 9.1 17.1 23.2 SMSA Counties: 7120 Salinas-Seaside-Monterey, CA CA Monterey 7360 San Francisco-Oakland CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 7400 San Jose, CA 176 CA Santa Clara, CA 7485 Santa Cruz, CA CA Santa Cruz 7500 Santa Rosa CA Sonoma 8720 Vallejo-Fairfield-Napa, CA CA Napa; CA Solano Non-SMSA Counties: CA Lake; CA Mendocino; CA San Benito 177 Sacramento, CA: SMSA Counties: 6920 Sacramento, CA CA Placer; CA Sacramento; CA Yolo Non-SMSA Counties CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba 16.1 14.3 Stockton-Modesto, CA: SMSA Counties: 5170 Modesto, CA 12.3 178 CA Stanislaus 8120 Stockton, CA 24.3 CA San Joaquin Non-SMSA Counties 19.8 CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne Fresno-Bakersfield, CA SMSA Counties: 179 0680 Bakersfield, CA 19.1 CA Kern 2840 Fresno, CA CA Fresno Non-SMSA Counties: CA Kings; CA Madera; CA Tulare 26.1 23.6 271 CC 02-04-2025 271 of 985 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language Page 14 of 21 October 2023 Los Angeles, CA: 11.9 28.3 21.5 19.0 19.7 24.6 SMSA Counties: 0360 Anaheim-Santa Ana-Garden Grove, CA CA Orange 4480 Los Angeles-Long Beach, CA CA Los Angeles 180 6000 Oxnard-Simi Valley-Ventura, CA CA Ventura 6780 Riverside-San Bernardino-Ontario, CA CA Riverside; CA San Bernardino 7480 Santa Barbara-Santa Maria-Lompoc, CA CA Santa Barbara Non-SMSA Counties CA Inyo; CA Mono; CA San Luis Obispo San Diego, CA: 16.9 18.2 SMSA Counties 181 7320 San Diego, CA CA San Diego Non-SMSA Counties CA Imperial For the last full week of July during which work is performed under the contract, the prime contractor and each non material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15. 13. TITLE VI ASSURANCES [The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a contractor to contain Appendix A and E. Note: Appendix B only requires inclusion if the contract impacts deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein. Appendices C and D only require inclusion if the contract impacts deeds, licenses, leases, permits, or similar instruments entered into by the recipient.] APPENDIX A During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows: a. Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONTRACTOR shall provide all information and reports required by the 272 CC 02-04-2025 272 of 985 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language Page 15 of 21 October 2023 Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub- applicant or supplier as a result of such direction, CONTRACTOR may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. APPENDIX B CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4: NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non- discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title 273 CC 02-04-2025 273 of 985 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language Page 16 of 21 October 2023 VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) APPENDIX C CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a): A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that: 1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) 274 CC 02-04-2025 274 of 985 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language Page 17 of 21 October 2023 APPENDIX D CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b): A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance. B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns. (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non-discrimination statutes and authorities, including, but not limited to: Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such 275 CC 02-04-2025 275 of 985 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language Page 18 of 21 October 2023 programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 276 CC 02-04-2025 276 of 985 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language Page 19 of 21 October 2023 Federal Trainee Program Special Provisions (to be used when applicable) 14. FEDERAL TRAINEE PROGRAM For the Federal training program, the number of trainees or apprentices is . This section applies if a number of trainees or apprentices is shown on the Notice of Bidders. As part of the prime contractor’s equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved. The prime contractor has primary responsibility for meeting this training requirement. If the prime contractor subcontracts a contract part, they shall determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in each subcontract. Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training. Distribute the number of apprentices or trainees among the work classifications on the basis of the prime contractor’s needs and the availability of journeymen in the various classifications within a reasonable recruitment area. Before starting work, the prime contractor shall submit to the City/County of : 1. Number of apprentices or trainees to be trained for each classification 2. Training program to be used 3. Training starting date for each classification The prime contractor shall obtain the City/County of approval for this submitted information before the prime contractor starts work. The City/County of credits the prime contractor for each apprentice or trainee the prime contractor employs on the job who is currently enrolled or becomes enrolled in an approved program. The primary objective of this section is to train and upgrade minorities and women toward journeyman status. The prime contractor shall make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area and show that they have made the efforts. In making these efforts, the prime contractor shall not discriminate against any applicant for training. The prime contractor shall not employ as an apprentice or trainee an employee: 1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman 2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training The prime contractor shall ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. The prime contractor’s records must show the employee's answers to the questions. In the training program, the prime contractor shall establish the minimum length and training type for each classification. The City/County of and FHWA approves a program if one of the following is met: 1. It is calculated to: • Meet the equal employment opportunity responsibilities • Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period 2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-aid highway construction contracts 277 CC 02-04-2025 277 of 985 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language Page 20 of 21 October 2023 The prime contractor shall obtain the State's approval for their training program before they start work involving the classification covered by the program. The prime contractor shall provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is allowed in lower-level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training. The City/County of reimburses the prime contractor 80 cents per hour of training given an employee on this contract under an approved training program: 1. For on-site training 2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and prime contractor does at least one of the following: a. Contribute to the cost of the training b. Provide the instruction to the apprentice or trainee c. Pay the apprentice's or trainee's wages during the off-site training period 3. If the prime contractor complies with this section. Each apprentice or trainee must: 1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill 2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program Furnish the apprentice or trainee a: 1. Copy of the training plan approved by the U.S, Department of Labor or a training plan for trainees approved by both Caltrans and FHWA 2. Certification showing the type and length of training satisfactorily completed Maintain records and submit reports documenting contractor’s performance under this section. 15. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND SERVICES In response to significant national security concerns, the agency shall check the prohibited vendor list before making any telecommunications and video surveillance purchase because recipients and subrecipients of federal funds are prohibited from obligating or expending loan or grant funds to: • Procure or obtain; • Extend or renew a contract to procure or obtain; or • Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The prohibited vendors (and their subsidiaries or affiliates) are: • Huawei Technologies Company; • ZTE Corporation; • Hytera Communications Corporation; • Hangzhou Hikvision Digital Technology Company; • Dahua Technology Company; and • Subsidiaries or affiliates of the above-mentioned companies. 278 CC 02-04-2025 278 of 985 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language Page 21 of 21 October 2023 In implementing the prohibition, the agency administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. The contractors should furnish telecommunications and video surveillance equipment with a certificate of compliance. The certificate must state telecommunications and video surveillance equipment was not procured or obtained from manufacturers identified in the above list. 279 CC 02-04-2025 279 of 985 1 FHWA-1273 – Revised October 23, 2023 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Non-segregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion XI. Certification Regarding Use of Contract Funds for Lobbying XII. Use of United States-Flag Vessels: ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e). Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d). 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b). The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a). II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246) The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 280 CC 02-04-2025 280 of 985 2 1. Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5). b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action 281 CC 02-04-2025 281 of 985 3 within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurances Required: a. The requirements of 49 CFR Part 26 and the State DOT’s FHWA-approved Disadvantaged Business Enterprise (DBE) program are incorporated by reference. b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non- responsible. c. The Title VI and nondiscrimination provisions of U.S. DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: 282 CC 02-04-2025 282 of 985 4 (1) The number and work hours of minority and non- minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5. As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages (29 CFR 5.5) a. Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph 1.c. of this section, provided that: (i) The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined; 283 CC 02-04-2025 283 of 985 5 (ii) The classification is used in the area by the construction industry; and (iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination. (2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is used in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination. (3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to DBAconformance@dol.gov. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary. (4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to DBAconformance@dol.gov, refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary. (5) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. d. Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. e. Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages. 2. Withholding (29 CFR 5.5) a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph 284 CC 02-04-2025 284 of 985 6 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by: (1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (2) A contracting agency for its reprocurement costs; (3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (4) A contractor's assignee(s); (5) A contractor's successor(s); or (6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901–3907. 3. Records and certified payrolls (29 CFR 5.5) a. Basic record requirements (1) Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed. (2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid. (3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. (4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs. b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts- covered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/ legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll submitted must be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following: (i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract. (4) Use of Optional Form WH–347. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section. 285 CC 02-04-2025 285 of 985 7 (5) Signature. The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature. (6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729. (7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed. c. Contracts, subcontracts, and related documents. The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. d. Required disclosures and access (1) Required record disclosures and access to workers. The contractor or subcontractor must make the records required under paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such representatives to interview workers during working hours on the job. (2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production. (3) Required information disclosures. Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action. 4. Apprentices and equal employment opportunity (29 CFR 5.5) a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination. (3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph 4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed. (4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed. b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with 286 CC 02-04-2025 286 of 985 8 the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. c. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5. 6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5. 9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a). c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001. 11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3; b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR 5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or 287 CC 02-04-2025 287 of 985 9 mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section. * $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990. 3. Withholding for unpaid wages and liquidated damages a. Withholding process. The FHWA or the contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by: (1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (2) A contracting agency for its reprocurement costs; (3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (4) A contractor's assignee(s); (5) A contractor's successor(s); or (6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901–3907. 4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower- tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. 5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part; b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or d. Informing any other person about their rights under CWHSSA or this part. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; 288 CC 02-04-2025 288 of 985 10 (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102. 2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116). 5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d). VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10. 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." 289 CC 02-04-2025 289 of 985 11 IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 CFR 200.88; EO 11738) This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.327. By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II. The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220. 1. Instructions for Certification – First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR 180.300, 180.320, and 180.325. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325. * * * * * 290 CC 02-04-2025 290 of 985 12 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.335;. (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d). (5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements). b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340. * * * * * 3. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220. a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily 291 CC 02-04-2025 291 of 985 13 excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325. * * * * * 4. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals: (1) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355; (2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act requirements) b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. * * * * * XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000. 49 CFR Part 20, App. A. 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. XII. USE OF UNITED STATES-FLAG VESSELS: This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381. This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract. When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees: 1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7. 2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7. 292 CC 02-04-2025 292 of 985 14 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B) This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. 293 CC 02-04-2025 293 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A ATTACHMENT C – KIMLEY HORN CIP Project #2022-15 POTHOLING REPORT Page 147 Attachment C – Kimley Horn Potholing Report 294 CC 02-04-2025 294 of 985 ~ Delivering Excellence with a Sense of Urgency ~ ™ 12/21/2022 Kimley Horn Potholing Report 1/25/2023 Office (650)777-4324 Cell: (408)221-5090 mle@exarotec.com EXARO Technologies Corporation 1831 Bayshore Highway Burlingame, California Mario Lopez 295 CC 02-04-2025 295 of 985 Date: Prepared For: Project #: Location: PH #Street Cut Size Asph Conc.Soil Utility Utility Size Material Depth Location Reference / Notes 1 SE Corner Stevens Creek Blvd & Wolfe Rd 1' x 1' 3"Dirt, Rocks Cleared 5' 36" E from street light. 11" N from traffic signal christy box. 2 SE Corner Stevens Creek Blvd & Wolfe Rd 1' x 1'3"Dirt, Rocks Electric 2"Plastic 40" 53" E from street light. 40" S from face of curb. 3 SE Corner Stevens Creek Blvd & Wolfe Rd 1' x 1'3" Dirt, Rocks, Concrete Comm Duct Concrete 6" 28" SE from face of curb. 29" SW from street light. 3A SE Corner Stevens Creek Blvd & Wolfe Rd 1' x 1' 3"Dirt, Rocks Cleared 5' 49" SE from face of curb. 21" SW from street light. 4 SE Corner Stevens Creek Blvd & Wolfe Rd 1' x 1'3"Dirt, Rocks Cleared 5' 75" SE from face of curb. 28" SW from street light. 5 NW Corner Stevens Creek Blvd & De Anza Blvd 1' x 1' Dirt,Rocks Cleared 5' 34" N from face of curb. 32" W from traffic signal christy box. 6 NW Corner Stevens Creek Blvd & De Anza Blvd 1' x 1' Dirt, Rocks Cleared 5' 68" N from face of curb. 36" W from traffic signal christy box. Foreman Standby Rep Technician Client Rep Timesheet Date Start/End Hours OT Night Stay Check Monday /Arrow Board Electronic Detector Tuesday /Cold patch GPR Wednesday 12/21/2022 /8 Class II Pk nails & shiners Thursday /Hotmix Aspht Vibra-plate Friday /CDF/slurry Flat bed Saturday /Ready-mix concrete Pick-up truck # Sunday /Cutback Vac rig # 9 ~Delivering Excellence with a Sense of Urgency~™ 12/21/2022 Check Kimley Horn 22-1133 Cupertino Juan Carlos Addt'l Crew/Flagger Addt'l Crew/Flagger Chris D Client Representative Signature: Field Changes or Special Requests from Client Representative: Additional Equipment/Material used: 296 CC 02-04-2025 296 of 985 Client Project # City Date Pothole #1 Street:SE Corner Stevens Creek Blvd & Wolfe Rd Cut Size:1' x 1'Location: Asphalt: Concrete:3" Notes: Depth:Cleared 5' Utility:0 Size:0 Material:0 Soil: Picture 1 Picture 2 Picture 3 ~ Delivering Excellence with a Sense of Urgency ~ ™ Dirt, Rocks 36" E from street light. 11" N from traffic signal christy box. 12/21/2022 Subsurface Utility Report Kimley Horn 22-1133 Cupertino PH2 PH1 PH2 PH3 PH2 PH4 297 CC 02-04-2025 297 of 985 Client Project # City Date Pothole #2 Street:SE Corner Stevens Creek Blvd & Wolfe Rd Cut Size:1' x 1'Location: Asphalt:0 Concrete:3" Notes: Depth:40" Utility:Electric Size:2" Material:Plastic Soil: Picture 1 Picture 2 Picture 3 ~ Delivering Excellence with a Sense of Urgency ~ ™ Dirt, Rocks Subsurface Utility Report Kimley Horn 22-1133 Cupertino 12/21/2022 53" E from street light. 40" S from face of curb. PH2 PH1 PH3 PH4 298 CC 02-04-2025 298 of 985 Client Project # City Date Pothole #3 Street:SE Corner Stevens Creek Blvd & Wolfe Rd Cut Size:1' x 1'Location: Asphalt:0 Concrete:3" Notes: Depth:6" Utility:Comm Size:Duct Material:Concrete Soil: Picture 1 Picture 2 Picture 3 ~ Delivering Excellence with a Sense of Urgency ~ ™ Dirt, Rocks, Concrete Subsurface Utility Report Kimley Horn 22-1133 Cupertino 12/21/2022 28" SE from face of curb. 29" SW from street light. PH3 PH3A PH4 PH4 PH3 PH3A 299 CC 02-04-2025 299 of 985 Client Project # City Date Pothole #3A Street:SE Corner Stevens Creek Blvd & Wolfe Rd Cut Size:1' x 1'Location: Asphalt: Concrete:3" Notes: Depth:Cleared 5' Utility:0 Size: Material: Soil: Picture 1 Picture 2 Picture 3 ~ Delivering Excellence with a Sense of Urgency ~ ™ Dirt, Rocks Subsurface Utility Report Kimley Horn 22-1133 Cupertino 12/21/2022 49" SE from face of curb. 21" SW from street light. PH3 PH3A PH4 PH4 PH3 PH3A 300 CC 02-04-2025 300 of 985 Client Project # City Date Pothole #4 Street:SE Corner Stevens Creek Blvd & Wolfe Rd Cut Size:1' x 1'Location: Asphalt:0 Concrete:3" Notes: Depth:Cleared 5' Utility:0 Size: Material: Soil: Picture 1 Picture 2 Picture 3 ~ Delivering Excellence with a Sense of Urgency ~ ™ Dirt, Rocks Subsurface Utility Report Kimley Horn 22-1133 Cupertino 12/21/2022 75" SE from face of curb. 28" SW from street light. PH3 PH3A PH4 PH4 PH3 PH3A 301 CC 02-04-2025 301 of 985 Client Project # City Date Pothole #5 Street:NW Corner Stevens Creek Blvd & De Anza Blvd Cut Size:1' x 1'Location: Asphalt:0 Concrete: Notes: Depth:Cleared 5' Utility:0 Size: Material: Soil: Picture 2 Picture 3 ~ Delivering Excellence with a Sense of Urgency ~ ™ Dirt,Rocks Subsurface Utility Report Kimley Horn 22-1133 Cupertino 12/21/2022 34" N from face of curb. 32" W from traffic signal christy box. PH5 PH6 302 CC 02-04-2025 302 of 985 Client Project # City Date Pothole #6 Street:NW Corner Stevens Creek Blvd & De Anza Blvd Cut Size:1' x 1'Location: Asphalt:0 Concrete: Notes: Depth:Cleared 5' Utility:0 Size: Material: Soil: Picture 2 Picture 3 ~ Delivering Excellence with a Sense of Urgency ~ ™ Dirt, Rocks Subsurface Utility Report Kimley Horn 22-1133 Cupertino 12/21/2022 68" N from face of curb. 36" W from traffic signal christy box. PH5 PH6 303 CC 02-04-2025 303 of 985 Date: Prepared For: Project #: Location: PH #Street Cut Size Asph Conc.Soil Utility Utility Size Material Depth Location Reference / Notes 6 SE Corner Stevens Creek Blvd & De Anza Blvd 1' x 1' Hard Dirt Cleared 5' 44" W from fire hydrant. 281" E from light post. 7 SE Corner Stevens Creek Blvd & De Anza Blvd 1' x 1'5"Hard Dirt Cleared 5' 56" W from fire hydrant. 281" E from light post. 8 SE Corner Stevens Creek Blvd & De Anza Blvd 1' x 1'5"Hard Dirt Cleared 5' 73"W from fire hydrant. 281" E from light post. 9 SE Corner Stevens Creek Blvd & De Anza Blvd 1' x 1' 5"Hard Dirt Gas 8" Steel 51" 92" W from fire hydrant. 281" E from light post. Foreman Standby Rep PG&E Technician Client Rep Timesheet Date Start/End Hours OT Night Stay Check Monday /Arrow Board Electronic Detector Tuesday /Cold patch GPR Wednesday 1/25/2023 /8 Class II Pk nails & shiners Thursday /Hotmix Aspht Vibra-plate Friday /CDF/slurry Flat bed Saturday /Ready-mix concrete Pick-up truck # Sunday /Cutback Vac rig # 7 ~Delivering Excellence with a Sense of Urgency~™ 1/25/2023 Kimley Horn 22-1133 Cupertino Candido Gomez Addt'l Crew/Flagger Juan Carlos Addt'l Crew/Flagger Check Additional Equipment/Material used: Field Changes or Special Requests from Client Representative: Client Representative Signature: 304 CC 02-04-2025 304 of 985 Client Project # City Date Pothole #6 Street:SE Corner Stevens Creek Blvd & De Anza Blvd Cut Size:1' x 1'Location: Asphalt: Concrete: Notes: Depth:Cleared 5' Utility:0 Size: Material: Soil: Picture 1 Picture 2 Picture 3 ~ Delivering Excellence with a Sense of Urgency ~ ™ Hard Dirt Subsurface Utility Report Kimley Horn 22-1133 Cupertino 1/25/2023 44" W from fire hydrant. 281" E from light post. PH8 PH7 PH6 305 CC 02-04-2025 305 of 985 Client Project # City Date Pothole #7 Street: SE Corner Stevens Creek Blvd & De Anza Blvd Cut Size:1' x 1'Location: Asphalt:0 Concrete:5" Notes: Depth:Cleared 5' Utility:0 Size: Material: Soil: Picture 1 Picture 2 Picture 3 ~ Delivering Excellence with a Sense of Urgency ~ ™ Hard Dirt Subsurface Utility Report Kimley Horn 22-1133 Cupertino 1/25/2023 56" W from fire hydrant. 281" E from light post. PH8 PH7 PH6 306 CC 02-04-2025 306 of 985 Client Project # City Date Pothole #8 Street: SE Corner Stevens Creek Blvd & De Anza Blvd Cut Size:1' x 1'Location: Asphalt:0 Concrete:5" Notes: Depth:Cleared 5' Utility:0 Size:0 Material: Soil: Picture 1 Picture 2 Picture 3 ~ Delivering Excellence with a Sense of Urgency ~ ™ Hard Dirt Subsurface Utility Report Kimley Horn 22-1133 Cupertino 1/25/2023 73"W from fire hydrant. 281" E from light post. PH8 PH7 PH6 307 CC 02-04-2025 307 of 985 Client Project # City Date Pothole #9 Street: SE Corner Stevens Creek Blvd & De Anza Blvd Cut Size:1' x 1'Location: Asphalt: Concrete:5" Notes: Depth:51" Utility:Gas Size:8" Material:Steel Soil: Picture 1 Picture 2 Picture 3 ~ Delivering Excellence with a Sense of Urgency ~ ™ Hard Dirt Subsurface Utility Report Kimley Horn 22-1133 Cupertino 1/25/2023 92" W from fire hydrant. 281" E from light post. PH8 PH7 PH6 308 CC 02-04-2025 308 of 985 ~ Delivering Excellence with a Sense of Urgency ~ ™ Cell: (408)221-5090 mle@exarotec.com EXARO Technologies Corporation 1831 Bayshore Highway Burlingame, California Mario Lopez 4/3/2023 Kimley Horn Potholing Report Office (650)777-4324 309 CC 02-04-2025 309 of 985 Date: Prepared For: Project #: Location: PH #Street Cut Size Asph Conc.Soil Utility Utility Size Material Depth Location Reference / Notes 1 De Anza 1' x 1'5" Hard Road Base Clearing Cleared 5' 71" S from face of curb. 103" E from face of curb. 2 1' x 1'5" Hard Road Base unknown 2"PVC 50" 85" S from face of curb. 103" E from face of curb. 3 1' x 1'5" Hard Road Base Clearing Cleared 5' 100" S from face of curb. 103" E from face of curb. 4 1' x 1' 5" Hard Road Base Clearing Cleared 5' 119" S from face of curb. 103" E from face of curb. Foreman Standby Rep PG&E Technician Client Rep Timesheet Date Start/End Hours OT Night Stay Check Monday 4/3/2023 /8 Arrow Board Electronic Detector Tuesday /Cold patch GPR Wednesday /Class II Pk nails & shiners Thursday /Hotmix Aspht Vibra-plate Friday /CDF/slurry Flat bed Saturday /Ready-mix concrete Pick-up truck # Sunday /Cutback Vac rig # 8 ~Delivering Excellence with a Sense of Urgency~™ Client Representative Signature: Field Changes or Special Requests from Client Representative: Additional Equipment/Material used: 4/3/2023 Check Kimley Horn 22-1133 Cupertino Eddie O Addt'l Crew/Flagger Addt'l Crew/Flagger Yo Singh 310 CC 02-04-2025 310 of 985 Client Project # City Date Pothole #1 Street:De Anza Cut Size:1' x 1'Location: Asphalt:0 Concrete:5" Notes: Depth:Cleared 5' Utility:Clearing Size:0 Material:0 Soil: Picture 1 Picture 2 Picture 3 ~ Delivering Excellence with a Sense of Urgency ~ ™ Hard Road Base 71" S from face of curb. 103" E from face of curb. 4/3/2023 Subsurface Utility Report Kimley Horn 22-1133 Cupertino 311 CC 02-04-2025 311 of 985 Client Project # City Date Pothole #2 Street:0.00 Cut Size:1' x 1'Location: Asphalt:0 Concrete:5" Notes: Depth:50" Utility:unknown Size:2" Material:PVC Soil: Picture 1 Picture 2 Picture 3 ~ Delivering Excellence with a Sense of Urgency ~ ™ Hard Road Base Subsurface Utility Report Kimley Horn 22-1133 Cupertino 4/3/2023 85" S from face of curb. 103" E from face of curb. 312 CC 02-04-2025 312 of 985 Client Project # City Date Pothole #3 Street:0.00 Cut Size:1' x 1'Location: Asphalt:0 Concrete:5" Notes: Depth:Cleared 5' Utility:Clearing Size: Material: Soil: Picture 1 Picture 2 Picture 3 ~ Delivering Excellence with a Sense of Urgency ~ ™ Hard Road Base Subsurface Utility Report Kimley Horn 22-1133 Cupertino 4/3/2023 100" S from face of curb. 103" E from face of curb. 313 CC 02-04-2025 313 of 985 Client Project # City Date Pothole #4 Street:0.00 Cut Size:1' x 1'Location: Asphalt: Concrete:5" Notes: Depth:Cleared 5' Utility:Clearing Size: Material: Soil: Picture 1 Picture 2 Picture 3 ~ Delivering Excellence with a Sense of Urgency ~ ™ Hard Road Base Subsurface Utility Report Kimley Horn 22-1133 Cupertino 4/3/2023 119" S from face of curb. 103" E from face of curb. 314 CC 02-04-2025 314 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A TECHNICAL SPECIFICATIONS CIP Project #2022-15 Page 168 Technical Specifications 315 CC 02-04-2025 315 of 985 TABLE OF CONTENTS TABLE OF CONTENTS TECHNICAL SPECIFICATIONS SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS SECTION 01 55 26 TRAFFIC CONTROL REQUIREMENTS SECTION 01 56 39 TREE AND LANDSCAPE PROTECTION SECTION 01 57 23 TEMPORARY WATER POLLUTION CONTROL SECTION 01 71 13 MOBILIZATION SECTION 01 71 23 FIELD ENGINEERING AND SURVEY WORK SECTION 01 71 33 PROTECTION OF ADJACENT CONSTRUCTION AND UTILITIES SECTION 02 41 19 SELECTIVE DEMOLITION SECTION 03 40 00 PRECAST CONCRETE BLOCKS SECTION 10 14 53 SIGNAGE SECTION 31 10 00 SITE CLEARING SECTION 31 20 00 EARTHWORK SECTION 32 11 23 AGGREGATE BASE SECTION 32 12 16 ASPHALT PAVING SECTION 32 16 00 CONCRETE CURBS, CURB AND GUTTERS, BIKE PATHS, AND SIDEWALKS SECTION 32 16 43 CONCRETE BUS PAD SECTION 32 17 23 PAVEMENT STRIPES AND MARKINGS SECTION 33 05 61 ADJUSTING MANHOLES AND STRUCTURES SECTION 33 41 00 TRENCH DRAIN FRAME AND GRATE SECTION 34 41 13 SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS Page 169 316 CC 02-04-2025 316 of 985 SECTION 01 50 00 – TEMPORARY FACILITIES AND CONTROLS SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.1 WORK INCLUDES Providing temporary facilities or performing or conforming to control procedures and requirements as listed herein and as specified in these specifications. 1.2 REFERENCES A. Code of Federal Regulations (CFR) B. Americans with Disabilities Act (ADA) 1.3 SUBMITTALS (NOT USED) PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION 3.1 Temporary Bus Stop Relocation See Special Conditions, Section 16 regarding Contractor coordination requirements for the temporary relocation of the existing bus stop located at the southeast corner of Stevens Creek Boulevard and South De Anza Boulevard. Temporary bus stop must comply with all ADA requirements and CFR, Section R309.1 “Transit Stops and Transit Shelters”. 3.2 Construction Utilities Water - It shall be the Contractor's responsibility to coordinate with California Water Service or San Jose Water Company to furnish water supply and to provide hoses and/or piping to convey water to the construction site. Electricity and Telephone - The Contractor shall provide these utilities as required for the work. 3.3 Sanitary Facilities – The Contractor shall provide adequate toilet facilities for all workers and representatives of the City employed on the job. Facility shall be immediately adjacent to the work area and subject to the approval of the City as to location and type. The Contractor shall maintain them in sanitary conditions from the beginning of the work until completion and shall then remove the facilities and disinfect the premises. All portions of the work shall be maintained at all times in a sanitary condition. Sanitary facilities shall be noted on the Temporary Water Pollution Control Plan. 3.4 Storage Facilities It is the Contractor’s responsibility to find a storage area for equipment and material during the duration of the project. All materials and equipment shall be stored at the jobsite or at the Contractor's storage area. Storage areas shall be fenced. Fencing materials and boundaries of storage areas shall be subject to approval of the City. All coordination with neighbors of the storage area is the Contractor's responsibility. Storage yard shall have a construction entrance to prevent dirt and mud from leaving the yard. In the event material is tracked onto the street, it shall be swept and cleaned immediately. 3.5 Field Office If the Contractor elects to establish an office for his own use on the project, the size, location and construction shall be subject to the approval of the City. Page 170 317 CC 02-04-2025 317 of 985 SECTION 01 50 00 – TEMPORARY FACILITIES AND CONTROLS 3.6 Housekeeping Keep the project neat, orderly, and in a safe condition at all times. Immediately remove all hazardous rubbish. Do not allow rubbish to accumulate. Provide on-site containers for collection of rubbish or dispose of it at frequent intervals during progress of work. Contractor shall wet down dry materials and rubbish to prevent blowing dust. Keep volatile wastes in covered containers. The Contractor shall properly dispose of all litter, trash, garbage which may accumulate on the project site on a daily basis. 3.7 Environmental Protection Requirements Provide environmental protective measures as required to control pollution that develops during normal construction practice, and as required to correct conditions that develop during the construction of permanent or temporary features associated with the project. Comply with all federal, state, and local regulations pertaining to water, air, and noise pollution. Prior to the commencement of the work, meet with the City to develop a mutual understanding relative to details of environmental protection, including measures for protecting natural resources and measures to be taken should the Contractor fail to provide adequate protection in an adequate and timely manner. 3.8 Protection of Trees and Other Vegetation Except in areas indicated to be cleared, do not remove, cut, deface, injure, or destroy trees, shrubs or other vegetation without special permission from the City. Do not fasten or attach ropes, cables, or guys to any existing nearby trees for anchorages unless specifically authorized. Where such special emergency use is authorized, the Contractor shall be responsible for any resultant damage. Protect existing trees which are to remain and which may be injured, bruised, defaced, or otherwise damaged by construction operations in accordance with City Standard Detail No. 6-4 Tree Protection Standards. Repair or restore to their original condition all trees or other landscape features scarred or damaged by the equipment or operations. Obtain approval of the repair or restoration from the City prior to its initiation. 3.9 Air, Soil, and Water Pollution Control Measures Take all necessary reasonable measures to reduce air, soil, and water pollution by any material or equipment used during construction. No burning will be permitted. Do not dispose of volatile wastes or oils or allow waste materials to be wash into storm or sanitary drains, nor allow such materials to reach watercourses. 3.10 Erosion Protection All earthwork brought to final grade shall be immediately finished as indicated or specified in the project specifications or on the drawings. Immediately protect side slopes and back slopes upon completion of rough grading. Plan and conduct all earthworks in such a manner as to minimize the duration of exposure of unprotected soils per Section 01 57 23 – Temporary Water Pollution Control. 3.11 Dust Control Keep dust down at all times, including non-working hours, weekends, and holidays. Sprinkle or treat, with dust suppressors, the soil at the site, and other areas disturbed by operations. No dry power brooming is permitted. Instead, use vacuuming, wet mopping, wet sweeping, or wet power brooming. Air blowing is permitted only for cleaning non-particulate debris, such as steel reinforcing bars. No sandblasting is permitted unless the dust from there is confined. Only wet cutting of concrete and asphalt is permitted. No unnecessary shaking of bags is permitted where bagged cement, concrete mortar, and plaster is used. 3.12 Sound Control Requirements The noise level from the Contractor's operations, during allowed work hours, shall not exceed 86dbA at a distance of 50 feet from the project site. Page 171 318 CC 02-04-2025 318 of 985 SECTION 01 50 00 – TEMPORARY FACILITIES AND CONTROLS The noise level caused by construction activities outside of allowed working hours shall not exceed 40dbA at a distance of 50 feet from the project site and be accomplished by the installation of a sound proof structure. Contractor shall submit a sound proof structure plan for the City's review prior to the start of the work. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances relating to noise. Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, or transient equipment that may or may not be owned by the Contractor. The use of load sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. Provide sound structure containment for any equipment used overnight during the coating application as described in the project specifications. 3.13 Preservation and Cleaning The Contractor shall keep roads free from mud and other debris. If mud or debris is tracked onto the road, it shall be immediately cleared from the road. The Contractor shall completely clean roadways at the end of each day. 3.14 Cleanup and Removal of Temporary Facilities Obliterate all signs of temporary construction facilities including work areas, structures, stockpiles of excess or waste materials, and all other vestiges of construction. Temporary parking areas and similar temporary use areas shall be graded in conformance with surrounding areas. 3.15 Sweeping Sweep paved surfaces; rake other surfaces or grounds. Remove all tools, equipment, surplus materials, trash, garbage, and rubbish. At the time of final inspection, the project shall be thoroughly clean and ready for use. 3.16 Mechanical/Vacuum Roadway Sweeper During the course of construction, the Contractor will be required to sweep the project site and haul routes and as requested by the City’s Project Inspector with a regenerated air type street sweeper. PART 4 - MEASUREMENT AND PAYMENT 4.1 MEASUREMENT A. The work performed under this section for Temporary Bus Stop Relocation shall not be measured and included in the various bid items in the Bid Forms unless noted otherwise. B. The work performed under this section shall not be measured and included in the various bid items in the Bid Form unless noted otherwise. 4.2 PAYMENT A. Full compensation for Temporary Bus Stop Relocation shall not be measured separately for payment and shall be considered as included in the contract unit price for Mobilization and various bid items listed in the schedule of bid prices in the Bid Form and no additional compensation will be allowed. B. Full compensation for Temporary Facilities and Controls except as otherwise specified shall be considered as included in the contract unit price for Mobilization and various bid items listed in the Bid Form and no additional compensation will be allowed. END OF SECTION 01 50 00 Page 172 319 CC 02-04-2025 319 of 985 SECTION 01 55 26 – TRAFFIC CONTROL REQUIREMENTS SECTION 01 55 26 TRAFFIC CONTROL REQUIREMENTS PART 1 - GENERAL 1.1 WORK INCLUDES A. Measures and requirements for temporary traffic control system. B. Providing and maintaining temporary traffic control devices during construction in accordance with the applicable requirements of the City of Cupertino, the 2023 California Manual of Uniform Traffic Control Devices (MUTCD), latest revision, and the traffic control plans approved by the City. C. Provision of temporary traffic control devices including temporary devices left in place for construction staging D. Provision of construction area signs E. Preparation of traffic control plan F. Traffic control for surveying G. Flaggers H. Coordination with Santa Clara Valley Transportation Authority (VTA) for bus service 1.2 REFERENCES A. 2023 California Manual on Uniform Traffic Control Devices (MUTCD), latest revision. B. State of California, Department of Transportation (Caltrans), 2023 Standard Specifications and Revised Standard Specifications. (“Caltrans Standard Specifications”). 1.3 SUBMITTALS A. Submit traffic control plans prepared by a licensed civil engineer or traffic engineer to the City for approval five (5) working days prior to the pre-construction meeting. The pre-construction meeting will not take place until a traffic control plan has been authorized by the City. Traffic control shall note when lane closures will occur and for how long. 1.4 QUALITY ASSURANCE A. Traffic control work must be performed by a contractor with a California C-31 license. PART 2 - PRODUCTS A. Traffic control devices shall conform to Section 12 of the Caltrans Standard Specifications. They must be in good condition, sufficiently clean, and easily visible to traffic. B. Signs used for traffic control shall conform to the requirements of the MUTCD. PART 3 - EXECUTION 3.1 TRAFFIC CONTROL A. Notify the following agencies in advance of any lane closures: 1. Santa Clara County Fire Department at (408) 378-4010 2. Santa Clara County Sheriff's Office at (408) 299-2311 3. Valley Transportation Authority at (408) 321-2300 B. Furnish, place, and maintain temporary traffic control devices in accordance with the MUTCD and the following conditions: Page 173 320 CC 02-04-2025 320 of 985 SECTION 01 55 26 – TRAFFIC CONTROL REQUIREMENTS 1. Traffic control plans must include a schedule of construction showing each phase of work and the anticipated method of handling traffic for each phase. Traffic control plans must include a scale drawing of the street, lane configuration, parking, sidewalk, work area, and the location of signs and cones, etc., to warn, direct, and guide traffic. For major intersections, the traffic control plan must reflect actual (not typical) intersection layout and show islands, medians, lane lines, bike lanes, nearby driveways, and pavement and lane widths. 2. Except as described in Part 3, traffic control system must maintain all vehicular, pedestrian, and bike movements. Total closure of Stevens Creek Boulevard will not be allowed. City may authorize temporary closure of local residential streets. Maintain local and emergency access. 3. If work will impact transit stops or transit routes, contact VTA or other affected transit companies to address relocation of facilities or rerouting of buses prior to submitting traffic control plan. Traffic control plan must indicate what actions are being taken with regard to transit services. 4. Show haul route on traffic control plans. C. A minimum of two paved traffic lanes, not less than 11 feet wide along Stevens Creek Boulevard in both directions shall be open for use by public traffic at all times. All lane closures must be reviewed and approved by the City in accordance with the Special Conditions. D. The Contractor's employees are subject to all parking regulations in effect in the City of Cupertino. E. Place barricades 50 feet on center at the gutter joints and provide one working flasher for each barricade. Ensure that each flasher remains in working condition. Do not remove the barricades in the street at any given location until the asphalt concrete patching adjacent to the gutter and/or gutter overlay has been done and the hazard to bicyclists and motorists no longer exist. F. Maintain access to driveways except when performing construction within the driveway boundaries, at which time partial access must be maintained unless alternate arrangements can be made with the property owners or tenants in advance. If the driveway to any garage or parking area must be closed for construction work, obtain written approval from the property owners and the City. Post notice 72 hours in advance stating the approximate time the driveway will be closed and reopened. G. Haul routes must comply with City of Cupertino Municipal Code Chapter 11.32, “Truck Traffic Routes.” H. Obtain a Transportation permit from the Public Works Department for vehicles exceeding the weight or dimensions prescribed in the California Vehicle Code. I. Provide a certified professional traffic control crew that is independent from the construction activity. This traffic control crew shall be responsible to the Contractor for implementing the traffic control measures detailed in this Contract. The crew is subject to the approval of the City. J. Place signs in positions where they convey their message most effectively or as shown on the approved traffic control plan. K. Provide Type II and III barricades with working flashers. At least one working flashing light must be installed on each barricade for night work. Flashing lights must be maintained in good working order for the duration of the work. Crosswalk closing barricades shall be Type II with a 6-inch reflective orange border at the base. L. Temporary construction signs that are attached to existing poles shall not damage poles when they are attached or removed. Hardware used for attaching signs to existing poles shall be completely removed from the poles when the signs are removed. If a construction sign is required in an area where it cannot be attached to an existing pole, it shall be attached to a 4” x 4” wood post. The distance from the ground surface to the bottom of the sign shall be seven (7) feet. M. Trench plates in the vehicle or bicycle travel way shall be recessed and flush with the existing ground. When multiple trench plates are used, they shall be tack welded together at the end of each day. N. Place customized “Trench Plates Ahead” on a working lighted barricade (Caltrans Type II) at each direction of traffic. Sand bags shall be used at each barricade to provide stability. The existing wind conditions and weather will determine the number of sand bags to be used. Page 174 321 CC 02-04-2025 321 of 985 SECTION 01 55 26 – TRAFFIC CONTROL REQUIREMENTS O. "Trench Plate Ahead" signs shall have black letters in color, 4-inch high, on orange retroreflective sheeting background with non-running paint or color. Signs shall be maintained through the course of the project and shall be weather resistant. No paper signs are allowed. P. If needed, 72 hours prior to the time which will require the Contractor to remove parked cars, the Contractor shall furnish and erect “No Parking” signs. These shall be attached to portable barricades and shall state the dates and time that parking will be restricted. The exact date and time signs are posted shall also be noted on the signs. Q. Work shall not restrict visibility of any traffic control device. R. If no work is occurring adjacent to traveled way, all lanes must be open and have a minimum width of 11 feet. Use high-visibility traffic control devices to separate traffic lanes from formwork. S. Request City’s authorization if work requires temporary sidewalk closure or temporary reduction of sidewalk width to less than 4 feet. Provide alternate pedestrian facility for the duration of the closure or reduction. At intersections, work will be allowed at only one corner at a time so that pedestrian movements can be maintained through the intersection. T. Signs and other warning devices shall be provided by the Contractor and shall become their property after completion of the Contract. U. The above requirements are a minimum and do not limit the Contractor’s responsibility for doing all that is practical and necessary to ensure the safety of workers, pedestrians, bicyclists, and motorists. V. Place K-rails adjacent to excavations exceeding 6 inches in depth (e.g. Bus pad work). 3.2 PORTABLE CHANGEABLE MESSAGE SIGNS A. Portable changeable message signs shall be furnished, placed, operated, and maintained as directed by the City and shall conform to the provisions of Section 12, “Traffic Control,” of the Standard Specifications and these technical specifications. Two (2) signs shall be placed as far in advance of the start of work as possible as directed, and a minimum of two weeks prior to the start of work. PART 4 - MEASUREMENT AND PAYMENT 4.1 MEASUREMENT A. The work performed under Traffic Control Requirements section will be measured on a lump sum unit cost. 4.2 PAYMENT A. The contract lump sum (LS) price paid for “Traffic Control” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, including preparation and providing of the Traffic Control Plan, traffic control, flaggers, pedestrian and bicycle path of travel, vehicle towing, public notification, providing and posting of all construction signs, maintaining and removing construction signs, lane closure signs, detour signs, arrow boards, flaggers, temporary signs, furnishing, maintaining, and removing changeable message signs, barricades, k-rails, temporary traffic delineation, trench plates, and any other requirements of this section and the specification necessary to provide for the convenience and safety of the public and to facilitate the performance of the contract work as shown on the plans and specified herein, and as directed by the City, and no additional payment will be made therefore. B. Portable changeable message signs will not be measured separately for payment and shall be considered to be included in the contract lump sum (LS) price paid for “Traffic Control.” END OF SECTION 01 55 26 Page 175 322 CC 02-04-2025 322 of 985 SECTION 01 56 39 – TREE AND LANDSCAPE PROTECTION SECTION 01 56 39 TREE AND LANDSCAPE PROTECTION PART 1 - GENERAL 1.1 WORK INCLUDES A. Protection and operational requirements of working around existing vegetation, as shown on the plans, to include, but not be limited to, the following: Existing Tree and landscape Protection (above and below ground portions) Protective Fencing and Signage Tree Root Management 1.2 REFERENCES A. City of Cupertino Protected Trees, City of Cupertino Municipal Code Chapter 14.18. B. City of Cupertino, Tree Protection Standard Detail 6-2, 6-3, and 6-4. C. State of California, Department of Transportation (Caltrans), 2023 Standard Specifications and Revised Standard Specifications. (“Caltrans Standard Specifications”) 1.3 SUBMITTALS A. Make submittals under this section 5 days before pre-construction conference. B. Tree Protection Fencing Plan describing project site methods to be employed and procedures for compliance with the tree protection requirements. Plan must include a list of trees to be protected and how each will be protected. C. Tree Protection Fencing Schedule describing the sequence of installation and subsequent adjustment of protection measures when construction must occur within the limits of the tree protection measures. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION 3.1 GENERAL TREE PROTECTION A. Comply with City of Cupertino Protected Trees, City of Cupertino Municipal Code Chapter 14.18 and City of Cupertino, Tree Protection Standard Detail 6-4. B. Notify the City and Arborist three (3) Working Days in advance of any work requiring digging around or within the drip-line of existing trees. No cutting of any part of any tree, including roots, shall be done without City’s and Arborist’s authorization and supervision. C. City will perform pruning of trees that interfere with construction work. Notify City 48 hours in advance for pruning. D. Tag and identify existing trees which are to remain within or adjacent to the project limits prior to start of Work. Provide regular watering of existing landscaping affected by the project throughout the construction period. E. Protect existing trees from damage by workers or equipment. Place 4-foot high-visibility fence at the dripline of existing trees, or if possible, one and one-half (1.5) times the radius of the dripline out from the trunk of the tree. Wrap trees with straw waddles up to the first branches, then wrap high-visibility fence around the waddles on trees in the construction zone to protect them from bark damage caused by construction equipment. F. If construction continues during winter months (December 1 through March 31), remove straw waddles and Page 176 323 CC 02-04-2025 323 of 985 SECTION 01 56 39 – TREE AND LANDSCAPE PROTECTION high-visibility fence from tree trunks and install four (4) tree stakes around each tree trunk. Wrap straw waddle around the stakes and wrap high-visibility fencing around the waddle. G. Place a minimum of three inches (3”) of bark mulch around existing trees to be preserved (out to their drip- line) in areas that will be impacted during construction. Place mulch prior to construction. H. Grading shall not create drainage problems for trees by channeling water into them or by creating sunken areas. I. Open trenching in the root zone of any public tree is prohibited except where the trenching falls outside the drip-line of the tree involved. Exceptions may be made if in the opinion of the Arborist the impact of trenching upon the tree will be negligible. J. If trenching in the root zone is allowed, cut roots along both sides of the proposed trench, as directed by the Arborist, with a Vermeer root cutter prior to any trenching to avoid tugging or pulling of roots. K. If construction must occur within drip-line of existing trees, place excavated soil and other materials beyond the drip line. Request authorization to place soil within dripline if unavoidable, and if placement is authorized place soil on plywood, tarp or a thick bed of mulch. Prevent cutting into the soil surface when the backhoe or tractor blade refills the trench or removes excess material. L. If trenching within the root zone is authorized, refill open trenches within hours of excavation. If prompt refilling of trenches is not possible and weather is hot, dry, or windy, keep root ends moist by covering them with wet burlap. If temperature is eighty degrees Fahrenheit (80°F) or greater, inspect the burlap every hour and re-wet as necessary to maintain a constant cool moist condition. If temperature is below eighty degrees Fahrenheit (80°F), inspect the burlap every four (4) hours and re-wet as necessary to maintain a constant cool moist condition. M. If roots two inches (2”) or larger must be cut, shovel by hand near the roots and saw the roots. Saw accidentally broken roots about two inches (2”) behind the ragged end. Do not leave crushed or torn roots unsawed. N. Grade within the drip-line of trees with light, authorized equipment under the direct supervision of the Arborist. Do not change original grade at base of existing. If necessary, dry wells are to be used if grade is raised. O. Do not cut any part of private and City trees, including roots, without direct supervision of a Certified Arborist. P. Do not place materials, equipment, temporary buildings, fuels, paints, and other construction items within the drip-line of existing trees. 3.2 RESTORATION OF EXISTING LANDSCAPING A. The contractor shall restore existing landscape to pre-construction condition or better. PART 4 - MEASUREMENT AND PAYMENT 4.1 MEASUREMENT A. The work performed under Tree and Landscape Protection section, will not be measured and shall be considered as included in the various bid items in the Bid Form. 4.2 PAYMENT A. Full compensation for Tree and Landscape Protection shall not be measured separately for payment and shall be considered as included in the contract unit price for Mobilization and various bid items listed in the schedule of bid prices in the Bid Form and no additional compensation will be allowed. END OF SECTION 01 56 39 Page 177 324 CC 02-04-2025 324 of 985 SECTION 01 57 23 – TEMPORARY WATER POLLUTION CONTROL SECTION 01 57 23 TEMPORARY WATER POLLUTION CONTROL PART 1 - GENERAL 1.1 WORK INCLUDES A. Preparation and implementation of Water Pollution Control Program B. Providing erosion control BMPs. 1.2 REFERENCES The following permits, guidelines and practices apply to this project: A. Water pollution control work shall conform to the requirements in the Caltrans "Storm Water Pollution Prevention Plan (SWPPP) and Water Pollution Control Plan (WPCP) Preparation Manual” and the "Construction Site Best Management Practices (BMPs) Manual," and addenda thereto, hereafter referred to respectively as the "Preparation Manual" and the "Construction Site BMP Manual" and collectively as the "Manuals” except as otherwise authorized by RWQCB in the proposed Water Pollution Control Plan for this project. Copies of the Manuals and the Permits may be obtained from the Department of Transportation, Sacramento, California 95814. Copies of the Manuals may also be obtained from Caltrans’ web site at: https://dot.ca.gov/programs/construction/storm-water-and-water- pollution- control/manuals-and-handbooks. B. National Pollutant Discharge Elimination Permit (NPDES) Municipal Stormwater Permit, per the California Regional Water Quality Control Board, San Francisco Bay Region, Municipal Regional Stormwater NPDES Permit, Order R2-2022-0018, NPDES Permit No. CAS612008, May 2022 and any subsequent updates or revisions. C. C.3 Stormwater Handbook, Santa Clara Valley Urban Runoff Pollution Prevention Program, June 2024. Bay Area Air Quality Management District (BAAQMD) guidelines. D. California Stormwater Quality Association (CASQA) Construction BMP Handbook. E. City Construction Best Management Practices. 1.3 SUBMITTALS A. The contractor shall submit a WPCP in accordance with the General Conditions. B. Prepare a Temporary Water Pollution Control Schedule that shows the timing of grading or other work activities that could affect water pollution. Update the Temporary Water Pollution Control Schedule if changes in the Contractor's operations affect the necessary implementation of water pollution control practices. PART 2 - PRODUCTS 2.1 MATERIALS A. General: Materials shall be as specified in the most current CASQA BMP Construction Handbook Fact Sheets, the Water Pollution Control Program, the Manuals, and these specifications. PART 3 - EXECUTION 3.1 DESCRIPTION A. Implement the authorized project WPCP, including installation, maintenance and removal of BMPs. B. Maintain sufficient BMP materials on hand to implement the WPCP for the duration of the project. Replace deficient BMPs. 3.2 WATER POLLUTION CONTROL PLAN MAINTENANCE PROGRAM Page 178 325 CC 02-04-2025 325 of 985 SECTION 01 57 23 – TEMPORARY WATER POLLUTION CONTROL A. Provide sufficient personnel, materials and adequate equipment to perform the WPCP maintenance work. Work shall consist of maintaining temporary water pollution control measures for the duration of the contract. PART 4 - MEASUREMENT AND PAYMENT 4.1 MEASUREMENT A. The work performed under Temporary Water Pollution Control section will be measured on a lump sum unit cost. 4.2 PAYMENT A. The contract Lump Sum price paid for TEMPORARY WATER POLLUTION CONTROL (including WPCP preparation) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in water pollution control, including preparing and submitting a water pollution control plan for City approval and implementing best management practices as required to prevent silt or contamination of the City stormwater collection system, implementing rain event action plans prior to each rain event, furnishing, installing, maintaining, relocating and removing when no longer required erosion and sedimentation control measures such as temporary fiber rolls, storm drain inlet protection, temporary silt fences, temporary cover for exposed soil, temporary concrete washout, stockpile cover, and street sweeping daily, and all other work complete in place as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the Engineer. END OF SECTION 01 57 23 Page 179 326 CC 02-04-2025 326 of 985 SECTION 01 71 13 – MOBILIZATION SECTION01 71 13 MOBILIZATION PART 1 GENERAL 1.1 WORK INCLUDED A. Mobilization and demobilization B. Preparatory work and activities necessary for the movement of personnel, equipment, supplies, and incidentals to the job site C. Establishment of all offices, building, trailers, and other facilities necessary for work on the project D. Submittals, bonding and insurance requirements E. Public notifications F. Contacting and notifying utility companies G. Fabricating and installing project identification signs H. Private property owner agreement for storage facilities I. All other work and activities which must be performed or costs incurred prior to beginning work on the various contract items on the project site J. At least ten (10) days prior to beginning work, the Contractor shall photograph and video tape the project site in sufficient detail to show the existing site conditions, including but not limited to the proposed alignment, staging areas, routes of ingress and egress for hauling and delivering, and all other areas that the Contractor believes will, or could, be impacted by the work. The Contractor shall provide copy of imagery to the Engineer. 1.2 REFERENCES A. Cal/OSHA – California Division of Occupation Safety and Health B. Underground Services Alert (USA) PART 2 - PRODUCTS NONE PART 3 - EXECUTION 3.1 MOBILIZATION A. Mobilization shall consist of preparatory work and activities listed in Part 1.1 above. B. The Contractor shall ensure that adequate existing sanitation facilities are available, or the Contractor shall provide and maintain adequate sanitation facilities. All wastes and refuse from sanitary facilities provided by the Contractor’s operations shall be disposed of away from the site in accordance with all laws and regulations pertaining thereto. C. Mobilization shall also include demobilization upon completion of work and cleanup of the site. D. The contractor shall provide all labor, materials, equipment and incidentals to prepare the site for the timely start and efficient completion of all work. This includes obtaining all necessary licenses and permits, providing required submittals including but not limited to a detailed project schedule. E. Mobilization shall also include notifications to all existing utility companies as shown on the Drawings. Page 180 327 CC 02-04-2025 327 of 985 SECTION 01 71 13 – MOBILIZATION PART 4 - MEASUREMENT AND PAYMENT The City with pay no greater than five percent (5%) of the total contract price as a separate pay item for MOBILIZATION payable incrementally per Section 9-1.16D “Mobilization” of the Caltrans Standard Specifications. In the event the Contractor submits a mobilization pay item greater than five percent (5%) of the total contract price, the County will pay any excess mobilization amount with the final Progress Payment. The contract Lump Sum price paid for MOBILIZATION shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in mobilizing labor, materials and equipment for a timely start and efficient completion of all work, including obtaining any necessary licenses and permits, providing required submittals, meeting with adjacent property residents and businesses, and contacting USA North (1-800 227-2600), complete, in place, as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City Engineer. MOBILIZATION shall be considered as a non- adjustable contract bid item. END OF SECTION 01 71 13 Page 181 328 CC 02-04-2025 328 of 985 SECTION 01 71 23 – FIELD ENGINEERING AND SURVEY WORK SECTION 01 71 23 FIELD ENGINEERING AND SURVEY WORK PART 1 - GENERAL 1.1 WORK INCLUDES A. Surveying for layout and performance of the Work. B. Any undue destruction of stakes by the Contractor or public shall constitute cause to hold the Contractor liable for the cost of re-staking, said cost to be paid for by the Contractor. 1.2 REFERENCES (NOT USED) 1.3 LINES AND GRADE Control monuments, benchmarks, stakes or markers required to establish the lines and grades for the completion of the Work shall be the responsibility of the Contractor. Included are primary horizontal and vertical control, secondary horizontal and vertical control, rough grade, slope stakes, topographic surveys for quantity calculations, and construction surveys for layout of civil improvements. 1.4 SURVEYS FOR LAYOUT AND PERFORMANCE General: The Contractor shall perform surveys for layout and performance of the Work, produce field notes, and make necessary calculations and drawings to carry out such work. Check the relative positions of all monuments and benchmarks to be used. Check such relative positions each time such monument or benchmark is used. Datum: The Contractor shall correctly locate lines and grades required for the construction of the Work from the established reference points and elevations furnished on the Contract Drawings and from published federal, state, or city records which reference the vertical datum. Equipment and Personnel: The Contractor shall ensure instruments and other survey equipment shall be accurate, suitable for the surveys required in accordance with recognized professional standards, and in proper condition and adjustment. Perform surveys under the direct supervision of a Professional Land Surveyor licensed to practice land surveying in California. Surveys and layouts shall be field checked and calculations shall be checked. The Contractor shall ensure field notes, sketches and field books must be presented to the City within 2 weeks of construction staking. Furnish copies of the field notes within 48 hours of performing staking. Use by the City: The City may at any time use line and grade points and markers established by the Contractor. The Contractor's surveys are a part of the Work and may be checked by the City or representatives of the City at any time. The Contractor shall be responsible for any lines, grades, or measurements which do not comply with specified or proper tolerances, or which are otherwise defective, and for any resultant defects in the Work. Conduct re-surveys or check surveys to correct errors indicated by review of the field notebooks. 1.5 SURVEYING ACCURACY AND TOLERANCES IN SETTING SURVEY STAKES Control traverse field surveys and computations, including surveys of main control lines to determine alignment of major structure components, shall be performed to an accuracy of at least 1:25000. The tolerances generally applicable in setting survey stakes shall be as set forth below. Such tolerances shall not supersede stricter tolerances specifically required by the Contract Documents, and shall not otherwise relieve the Contractor of responsibility for measurements in compliance therewith. Tolerances: Tolerances in setting survey stakes shall not exceed the following: Kind of Survey Stake or Markers On Error Tangent Markers on hubs and monuments on centerline and offset centerlines 0.01 ft. Intermediate stakes or markers on centerlines and offset centerlines 0.10 ft. Page 182 329 CC 02-04-2025 329 of 985 SECTION 01 71 23 – FIELD ENGINEERING AND SURVEY WORK for: Rough excavation and embankment for roadways, and work not otherwise provided Trimming of excavation and embankment unless otherwise provided 0.10 ft. Structures and building construction 0.01 ft. Equipment installation As required by manufacturer Trimming or preparation of earth sub-grade for roadways, concrete pipe, and other concrete structures 0.05 ft. Steel pipe, and work not otherwise provided 0.05 ft. Steel reinforcement, concrete pipe, and other formed concrete 0.02 ft. 1.6 SUBMITTALS A. Submit name and address of Surveyor or professional engineer to City 5 days before pre-construction conference. Submit changes as they may occur. B. On request of The City, submit documentation to verify accuracy of field engineering work. C. Submit certificate signed by registered Civil Engineer or Land Surveyor certifying that elevations and locations of improvements are in conformance, or non-conformance, with Contract Documents. D. Record Drawings: 1. At project completion, submit complete and accurate full-size hardcopy red-line mark-ups showing all changes and deviations from the bid set documents. 2. Completed record drawing mark-ups shall be dated, signed and certified as correct by the Licensed Surveyor or Civil Engineer. The record drawings are not deemed complete until accepted in writing by the City. 1.7 QUALITY ASSURANCE A. Qualifications of Surveyor or Engineer: Engage a registered Civil Engineer or licensed Land Surveyor acceptable to both Contractor and City and who is qualified to perform land surveying. Furnish to City prior to start of work the name and license (or registration number) issued by the State of California, Board of Registration for Professional Engineers and Land Surveyors. Provide notice to City if during course of construction the individual responsible for this work changes, and obtain approval of City for their replacement. B. All field engineering services furnished during the course of this project shall be under the direct supervision and control of the named individual Civil Engineer or Land Surveyor. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION 3.1 SURVEY REFERENCE POINTS A. Existing horizontal and vertical control points for the Project are those shown on drawings. B. Locate and protect control points prior to starting site work and preserve permanent reference points during construction. C. Make no changes or relocations without prior authorization. Page 183 330 CC 02-04-2025 330 of 985 SECTION 01 71 23 – FIELD ENGINEERING AND SURVEY WORK D. Report to City if a reference point is lost, destroyed, or requires relocation because of necessary changes in grades or locations. E. Identify and protect survey monuments discovered during construction that are not referenced on the project drawings in accordance with State Business and Professions Code section 8771 (d). Tie out such monuments and notify City prior to allowing them to be disturbed. F. Replace permanent boundary markers disturbed during construction with new permanent monuments and file the required Record of Survey or Corner Record in accordance with the applicable State and County laws, at no additional cost to the City. 3.2 PROJECT SURVEY REQUIREMENTS A. Establish a minimum of two permanent horizontal and vertical control points on the site, remote from the building area referenced to data established by survey control points. B. Record locations, with horizontal and vertical data, on Project Record Documents, including description of monuments in place. C. Establish lines and levels, locations and dimensions, by instrumentation or similar technical appropriate means. D. Provide grade stakes and elevations as required to construct paved areas, curb and gutter, and other areas as required. E. Calculate and layout subgrade elevations and intermediate controls as required to provide smooth transitions between the spot elevations indicated on the plans. F. From time to time, verify the layout of all work by the same methods. G. Provide grade stakes and elevations as required to construct paved areas, and other areas as required. H. Calculate and layout subgrade elevations and intermediate controls as required to provide smooth transitions between the spot elevations indicated on the plans. I. From time to time, verify the layout of all work by the same methods. J. Provide batter boards or other similar control for drainage, utility, and other onsite structures as required. 3.3 RECORDS A. Maintain a complete, accurate surveyor's log of all control and survey work as it progresses. Make this log available for reference. PART 4 - MEASUREMENT AND PAYMENT 4.1 MEASUREMENT A. The work performed under Field Engineering and Survey Work will be measured on a lump sum unit cost. 4.2 PAYMENT A. The contract lump sum (LS) price paid for “Field Engineering and Survey Work” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in land surveying and staking, including control surveying, field surveying/staking, any necessary re-staking due to destruction, topo shots on concrete forms, protecting survey monuments, protecting survey monuments, complete and in place, as shown on the plans, as specified in these specifications, and as directed by the City. END OF SECTION 01 71 23 Page 184 331 CC 02-04-2025 331 of 985 SECTION 01 71 33 – PROTECTION OF ADJACENT CONSTRUCTION AND UTILITIES SECTION 01 71 33 PROTECTION OF ADJACENT CONSTRUCTION AND UTILITIES PART 1 - GENERAL 1.1 WORK INCLUDES A. Protection of existing Utilities 1.2 REFERENCES (NOT USED) 1.3 SUBMITTALS (NOT USED) 1.4 PROTECTION OF EXISTING UTILITIES A. Notify, prior to performing any excavation or other work close to any underground pipeline, conduit, duct, wire or other structure, the Underground Service Alert-Northern California (USA) at 1-800-227-2600 or 811, Crown Castle at 1-888-632-0931, Option 2, and utility companies that do not participate in USA which have underground facilities within the limits of the work. Notify USA at least 2 working days, but not more than 14 calendar days prior to performing excavation or other work close to underground facility. Notify other utility companies in accordance with each utility’s notification requirements. Have USA and other utility companies locate and mark their facilities within the area of excavation or other work. Maintain such markings in accordance with utility requirements, i.e. have markings renewed, as applicable. B. Locations of existing utilities shown are approximate, based on record information. Additional utilities may exist. Locate and identify all underground structures, facilities, and piping prior to commencing any Work which may compromise said utilities. Maintain existing utilities and protect from damage as necessary to satisfy the requirements of jurisdictional utility companies and related codes and regulations. Refer to potholing specified elsewhere in this Section for additional requirements in regard to locating utilities. Refer to General Conditions for Contractor’s responsibilities if utilities not shown are discovered. C. Potholing of Existing Utilities and Other Facilities: Prior to any excavation or other subsurface work, excavate, expose, and verify the location of existing utility mains and laterals and other existing underground facilities which may be affected by the Work. D. Pothole and accurately locate all marked or inferred facilities located with less than five (5) feet clearance to the nearest point of proposed excavation or other subsurface temporary or permanent facility. E. Survey and record the size, location, elevation, and alignment of potholed existing underground utilities and other facilities for inclusion in as-built drawings. F. Provide traffic control and water pollution control required for potholing. G. Do not proceed with excavation or other subsurface work until surrounding utilities and underground facilities have been located by potholing or other positive means. Determine the method and equipment required to perform potholing without damage to existing facilities. At minimum, utilize hand digging in the vicinity of high-risk utilities and where recommended by USA guidelines. H. Backfill potholes and exploratory excavation in accordance with Section 31 20 00 Earthwork, and replace in kind any improvements removed during the potholing operation including pavement, curbs, sidewalks, or other improvements. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED) PART 4 - MEASUREMENT AND PAYMENT Page 185 332 CC 02-04-2025 332 of 985 SECTION 01 71 33 – PROTECTION OF ADJACENT CONSTRUCTION AND UTILITIES 4.1 MEASUREMENT A. The work performed under Protection of Adjacent Construction and Utilities section shall not be measured and is included in the various bid items in the Bid Form unless noted otherwise. 4.2 PAYMENT A. The full compensation for Protection of Adjacent Construction and Utilities shall not be measured separately for payment and shall be considered as included in the contract unit price for Mobilization and various bid items listed in the schedule of bid prices in the Bid Form and no additional compensation will be allowed. END OF SECTION 01 71 33 Page 186 333 CC 02-04-2025 333 of 985 SECTION 02 41 19 – SELECTIVE DEMOLITION SECTION 02 41 19 SELECTIVE DEMOLITION PART 1 - GENERAL 1.1 WORK INCLUDES A. Removal and off- site disposal of: 1. Asphalt concrete pavement 2. Concrete curb and gutter 3. Concrete bus pad 4. Concrete sidewalk 5. Pavement marking/striping 1.2 REFERENCES A. American National Standards Institute (ANSI): 1. ANSI A10.6 Safety Requirements for Demolition Operations B. State of California, Department of Transportation (Caltrans), 2023 Standard Specifications and Revised Standard Specifications. (“Caltrans Standard Specifications”) 1.3 SUBMITTALS A. Baseline schedule required in General Conditions indicating proposed methods and sequence of operations for selective demolition work to City for review prior to commencement of work. Include timing of traffic signal interruptions or utility shut-offs (if necessary). B. Demolition Plan which indicates project site methods to be employed, sequence of equipment, procedures, disposal sites and proposed haul routes. Specify safety measures in accordance with applicable codes including signs, barriers, and temporary pedestrian sidewalks. Provide detailed sequence of demolition and removal work to ensure uninterrupted progress of City's, adjacent property owners and general public’s on and off-site operations. C. Coordinate with City’s Project Inspector with respect to City's, adjacent property owners and general public’s continuing occupation of portions of existing site and make necessary provisions as applicable. D. Permits and notices authorizing demolition. E. Copy of manifests showing delivery of disposed materials in accordance with permit conditions, within 24 hours from time of delivery. 1.4 JOB CONDITIONS A. Visit and examine the project site to determine the extent of demolition and disposal to be performed. Inspect existing conditions that will affect the execution of the Work. B. Facilities that will remain in place, and vehicular / pedestrian traffic on public streets shall be protected and maintained. C. Protection of Utilities 1. Protect active sanitary sewer, water, gas, electric, communication, and other utilities, storm drainage and irrigation lines indicated or, when not indicated, found or otherwise made known to the Contractor before or during demolition work. If utility is damaged, immediately notify the City and the utility owner for corrective action. 2. Arrange with and perform work required by utility companies and municipal departments for discontinuance or interruption of utility services due to demolition work. Page 187 334 CC 02-04-2025 334 of 985 SECTION 02 41 19 – SELECTIVE DEMOLITION D. Condition of Structures: City assumes no responsibility for actual condition of items or structures to be demolished. E. Conditions existing at time of commencement of contract will be maintained by City insofar as practicable. However, variations within site may occur by City's removal and salvage operations prior to start of selective demolition work. F. Storage or sale of removed items on site will not be allowed. G. Protections: Provide temporary fencing and other forms of protection as required to protect City's personnel and general public from injury due to selective demolition work. H. Open depressions and excavations occurring as part of this work shall be barricaded and posted with warning lights when accessible through adjacent property or through public access. Operate warning lights during hours from dusk to dawn each day and as otherwise required. I. Protect from damage existing finish work that is to remain in place and becomes exposed during demolition operations. J. Promptly repair damages caused to adjacent facilities by demolition work at no cost to City. Restore damaged finishes to match adjacent undamaged work. K. Conduct selective demolition operations and debris removal in a manner to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities. L. Use of explosives will not be allowed. M. Environmental Controls: Use water sprinkling, temporary enclosures, and other suitable methods to limit dust and dirt rising and scattering in air to lowest practical level. Comply with governing regulations pertaining to environmental protection. N. Do not use water when it may create hazardous or objectionable conditions such as ice, flooding, and pollution. O. Comply with requirements of Section 7 of General Conditions, and the following: 1. Provide continuous noise and dust abatement as required to prevent disturbance and nuisance to the public and workers and to the occupants of adjacent premises and surrounding areas. Dampen or cover areas affected by demolition operations as necessary to prevent dust nuisance. 2. When demolition noise is objectionable to the occupants of adjacent premises, make arrangements with the jurisdictional authorities to perform the noise- generating work at the least objectionable time of day. PART 2 - PRODUCTS 2.1 MATERIALS A. Provide temporary or permanent materials as required for the proper execution of the Work in this section. 2.2 BACKFILL A. Provide temporary or permanent materials as required for the proper execution of the Work in accordance with Section 31 20 00 Earthwork 2.3 MARKING PAINT A. Marking paint shall be a good quality, oil-based spray marking paint or a good quality, oil- based paint marker. PART 3 - EXECUTION Page 188 335 CC 02-04-2025 335 of 985 SECTION 02 41 19 – SELECTIVE DEMOLITION 3.1 DESCRIPTION A. Prior to starting selective demolition work, photograph existing conditions which could be misconstrued as damage resulting from selective demolition work and file a record copy with the City. 3.2 PREPARATION A. Install construction fencing and gates and tree protection prior to commencement of work under this section. B. Establish and identify acceptable temporary debris stockpile locations and secure appropriate waste containers on-site prior to commencement of work under this section. C. Protect existing stone/concrete bounds and monuments. Disturbed benchmarks, bounds/monuments shall be reset by a Land Surveyor registered in the State of California at the Contractor’s expense. D. Call Underground Service Alert at 1-800-227-2600 or 811 to obtain a Dig Alert ID Number, 2 working days prior to the start of excavation. E. Call Crown Castle at 1-888-632-0931, Option 2 for location of their fiber optic facilities 3.3 DEMOLITION A. Comply with ANSI A10.6 Safety Requirements for Demolition Operations B. Remove HMA, including sawcutting, under section 39 of the Caltrans Standard Specifications. C. Remove concrete bus pad under section 15 of the Caltrans Standard Specifications D. Remove thermoplastic traffic stripe and thermoplastic pavement marking under section 84 of the Caltrans Standard Specifications. E. If thermoplastic removal results in pavement depressions greater than 1/8-inch, City reserves the right to require a corrective chip seal patch from lip of gutter to lip of gutter for the length of the depression. F. All concrete curbs, gutters, sidewalks, medians, bus pads shall be saw-cut at the nearest scoreline or deep joint. G. Remove concrete curb, curb and gutter, sidewalk, ramp, and associated aggregate base under section 73 of the Caltrans Standard Specifications. H. Completely fill below-grade areas and voids resulting from demolition work. Compact subgrade under Section 31 20 00 – Earthwork. I. If unanticipated mechanical, electrical or structural elements which conflict with intended function or design are encountered, investigate and measure both nature and extent of the conflict. Submit report to City in written, accurate detail. Pending receipt of directive from City rearrange selective demolition schedule as necessary to continue overall job progress without delay. J. If water is encountered in excavated areas, dewater in compliance with the approved Water Pollution Control Plan (WPCP). 3.4 DISPOSAL OF DEMOLISHED MATERIALS A. Remove debris, rubbish and other materials resulting from demolition operations from project site. Transport and legally dispose of materials off site daily or as dumpsters become full, whichever comes first. B. Burning of removed materials will not be allowed. 3.5 CLEAN-UP AND REPAIR A. Remove debris, rubbish and other materials resulting from demolition operations from project site. Transport and legally dispose of materials off site on a daily basis and as dumpsters become full. B. Repair demolition performed in excess of that required. Return structures and surfaces to remain to Page 189 336 CC 02-04-2025 336 of 985 SECTION 02 41 19 – SELECTIVE DEMOLITION condition existing prior to start of selective demolition work, or better. Repair adjacent construction or surfaces soiled or damaged by selective demolition work. C. If hazardous materials are encountered during demolition operations, comply with applicable regulations, laws, and ordinances concerning removal, handling and protection against exposure or environmental pollution. Notify City immediately. D. Burning of removed materials is not permitted. PART 4 - MEASUREMENT AND PAYMENT 4.1 MEASUREMENT A. Items of selective demolition work will be measured for payment by the unit indicated in the Bid Schedule. B. Traffic control for work performed under this section shall not be measured and is included in the Traffic Control bid item in the Bid Schedule. C. Removal of aggregate base shall not be measured and shall be considered included in the bid price for the various bid items in the Bid Schedule unless noted otherwise. 4.2 PAYMENT A. The contract prices paid for the various items of selective demolition work indicated in the Bid Schedule shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in these various items of selective site demolition, complete and in place, as shown on the plans, including disposal of such items, removal and disposal of aggregate base to design depth, as specified in these specifications, and as directed by the City. 1. Remove Asphalt Concrete- per square foot up to 10” thickness 2. Remove Concrete (Curb and Gutter) – per linear foot 3. Remove Concrete (Bus Pad) – per square foot 4. Remove Concrete (Sidewalk) – per square foot 5. Remove Existing Pavement Marking/Striping – Lump Sum B. Trench safety and counter-sunk flush (recessed) trench plates will not be measured separately for payment and shall be considered to be included in various contract item of work involved. C. Traffic control measures will not be measured separately for payment and shall be considered as included in the contract lump sum unit price for Traffic Control listed in the Bid Form and no additional compensation will be allowed. END OF SECTION 02 41 19 Page 190 337 CC 02-04-2025 337 of 985 SECTION 03 40 00 – PRECAST CONCRETE BLOCKS SECTION 03 40 00 PRECAST CONCRETE BLOCKS PART 1 - GENERAL 1.1 WORK INCLUDES A. Furnishing and installing precast concrete blocks B. Furnishing and installing precast concrete end blocks C. Furnishing and installing retroreflective markers on concrete blocks and concrete end blocks D. Furnishing and installing object markers on concrete end blocks 1.2 REFERENCES A. State of California, Department of Transportation (Caltrans), 2023 Standard Plans (“Caltrans Standard Plans”). B. State of California, Department of Transportation (Caltrans), 2023 Standard Specifications (“Caltrans Standard Specifications”). C. American Society for Testing and Materials (ASTM): 1. ASTM C78/C78M: Standard Test Method for Flexural Strength of Concrete 2. ASTM A615/A615M: Standard Specification for Deformed and Plain Carbon-Steel Bars for Concrete Reinforcement 3. ASTM D7508: Standard Specification for Polyolefin Chopped Strands for Use in Concrete 4. ASTM C309: Standard Specification for Liquid Membrane-Forming Compounds for Curing Concrete 1.3 SUBMITTALS A. Shop drawing for precast concrete block and precast concrete end blocks with score line details and certification the design mix is in compliance with these Technical Specifications. B. Certificate of compliance for object markers 1.4 QUALITY ASSURANCE A. Finished surfaces including the alignment of the high point of the mountable curb must not vary more than 1/4 inch from the testing edge of a10-foot straightedge. Permissible deficiency in section thickness will be up to1/4 inch. PART 2 - PRODUCTS 2.1 GENERAL A. Products not specified in this section must comply with Caltrans Standard Specifications. 2.2 REINFORCEMENT A. Concrete reinforcement and dowels for precast curb must comply with ASTM A615/A615M, Grade 60. 2.3 CONCRETE MATERIALS A. Concrete for precast blocks shall attain a minimum strength of 5,000 psi in 28 days B. Include 1/2-inch polypropylene fibers (Fibermesh or approved equal) at a rate of 1-1/2 pounds per cubic yard. Fibers must comply with ASTM D7508 C. Color shall be natural gray Page 191 338 CC 02-04-2025 338 of 985 SECTION 03 40 00 – PRECAST CONCRETE BLOCKS D. Concrete manufacturer shall have successfully completed Caltran’s Facility Audit for Structural Precast Concrete E. Concrete blocks shall be Universal Precast, or approved equal. 2.4 OBJECT MARKERS A. Object markers shall conform to the requirements of the section 82 of the Caltrans Standard Specifications PART 3 - EXECUTION 3.1 INSTALLATION A. Epoxy precast concrete block dowel HMA drilled hole. PART 4 - MEASUREMENT & PAYMENT 4.1 MEASUREMENT A. Precast Concrete Block (8’ Long) will be measured for pay by each block furnished and installed B. Precast Concrete End Block (8’ Long) will be measured for pay by each block furnished and installed C. Installation of retroreflective marks on concrete blocks and concrete end blocks are included in the unit price for Precast Concrete Block and Precast Concrete End Block D. Installation of object markers on concrete blocks is included in the unit price for Precast Concrete End Blocks 4.2 PAYMENT A. The contract price paid per each Precast Concrete Block (8’ long) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in installing Precast Concrete Block (8’ long), shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in furnishing and installing Precast Concrete Block (8’ long), complete in place, including coordination with precast supplier, delivery to the project site, painting the block, installing retroreflective markers, layout with the City, Installation and securing to the pavement complete in place, as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City. B. The contract price paid per each Precast Concrete End Block (8’ long) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in installing Precast Concrete End Block (8’ long), shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in furnishing and installing Precast Concrete End Block (8’ long), complete in place, including coordination with precast supplier, delivery to the project site, painting the blocks, installing retroreflective markers, installing object marker and base, layout with the City, Installation and securing to the pavement complete in place, as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City. C. Full compensation for object markers on precast concrete blocks shall be considered as included in the unit price paid for Precast Concrete Block and Precast Concrete End Block and no separate payment will be made therefor. END OF SECTION 03 40 00 Page 192 339 CC 02-04-2025 339 of 985 SECTION 10 14 53 – SIGNAGE SECTION 10 14 53 SIGNAGE PART 1 - GENERAL 1.1 WORK INCLUDES A. Furnishing and installing new sign on new pole B. Furnishing and installing new sign on existing pole C. Furnishing and installing flexible post 1.2 REFERENCES A. State of California, Department of Transportation (Caltrans), 2023 Standard Plans, (Caltrans Standard Plans) B. State of California, Department of Transportation (Caltrans), 2023 Standard Specifications (“Caltrans Standard Specifications”). C. 2023 California Manual on Uniform Traffic Control Devices (MUTCD), latest revision. 1.3 SUBMITTALS A. Certificate of compliance for: 1. Aluminum sheeting 2. Retroreflective sheeting 3. Screened-process colors 4. Non-reflective, opaque, black film PART 2 - PRODUCTS A. Sign panels must be aluminum and must conform to the requirements in Caltrans Standard Specifications, Section 82. B. Roadside sign posts must be 1-3/4” 14-gauge galvanized steel perforated square Unistrut Corp. part no. 16D12 (1-3/4” x 1-3/4”) or approved equal. Galvanized finish must conform to ASTM A525 G90 coating. C. Sign post brackets must be ASTM A653 12-gauge steel sizes as shown. Galvanized finish must conform to ASTM A525 G90 coating. PART 3 - EXECUTION 3.1 SIGNAGE A. Install roadside sign as shown in City Standard Detail 2-20. B. For installation requirements not shown in City detail, comply with section 82 of the Caltrans Standard Specifications. PART 4 - MEASUREMENT AND PAYMENT 4.1 MEASUREMENT A. Furnish and Install Sign on New Pole will be measured for pay per each sign post with attached panels installed. A sign post with multiple panels is counted for pay as one unit. B. Furnish and Install Sign on Existing Pole will be measured for pay per each sign post with attached panels installed. Page 193 340 CC 02-04-2025 340 of 985 SECTION 10 14 53 – SIGNAGE C. Furnish and Install Flexible Post will be measured for pay per each flexible post installed. 4.2 PAYMENT A. The unit price paid per each for Furnish and Install Sign on New Pole shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work associated with installing new roadside signs, including removing posts, mounting hardware, and foundations, complete and in place, as shown on the plans, as specified in these specifications, and as directed by the City. B. The unit price paid per each for Furnish and Install Sign on Existing Pole shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work associated with installing new roadside signs, mounting hardware, complete and in place, as shown on the plans, as specified in these specifications, and as directed by the City. C. The unit price paid per each for Furnish and Install Flexible Post shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work associated with installing new object marker, including furnishing the flexible posts, mounting hardware, and installing onto pavement complete and in place, as shown on the plans, as specified in these specifications, and as directed by the City. END OF SECTION 10 14 53 Page 194 341 CC 02-04-2025 341 of 985 SECTION 31 10 00 – SITE CLEARING SECTION 31 10 00 SITE CLEARING PART 1 - GENERAL 1.1 WORK INCLUDES A. Clearing and grubbing B. Dust control 1.2 SUBMITTALS (NOT USED) 1.3 REFERENCES A. State of California, Department of Transportation (Caltrans), 2023 Standard Specifications (“Caltrans Standard Specifications”). 1.4 JOB CONDITIONS A. Notify City at least two (2) working days before starting site clearing. B. Conduct site clearing operations to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities. Do not close or obstruct streets, walks or other occupied or used facilities without permission from authorities having jurisdiction. C. If existing irrigation system is interrupted, water trees and other vegetation to remain within limits of contract work as required to maintain their health during construction under Section 01 56 39 – Tree Protection. D. Repair or replace trees and vegetation not designated for removal which are damaged by construction operations, in kind or better. Perform tree and shrub repair under Contractor’s Certified Arborist’s supervision if required in the opinion of the City. PART 2 - PRODUCTS 2.1 MATERIALS A. Furnish materials, tools, equipment, facilities, and services required for performing site clearing. PART 3 - EXECUTION 3.1 GENERAL A. Call Local USA Underground not less than two working days before performing Work. 1. Request underground utilities to be located and marked within and surrounding construction areas. B. Comply with Section 01 56 39 – Tree Protection. 3.2 PROTECTION A. Locate, identify and protect utilities indicated to remain from damage under Section 01 71 33 Protection of Adjacent Construction and Utilities B. Protect trees to remain under Section 01 56 39 – Tree Protection. C. Provide temporary protection to trees and vegetation to remain from herbicide application through the use of plywood shield during spraying. D. Provide protections necessary to prevent damage to existing improvements on adjoining properties and on City property. Page 195 342 CC 02-04-2025 342 of 985 SECTION 31 10 00 – SITE CLEARING E. Restore damaged improvements to their original or better condition, as acceptable to parties having jurisdiction. F. Protect benchmarks and existing structures from damage or displacement. 3.3 SITE CLEARING A. Remove trees, shrubs, grass and other vegetation to a depth of 24 inches. Measure removal depth from existing grade or finished grade, whichever is lower. Remove improvements, or obstructions interfering with installation of new construction. Remove and dispose of such items off site. Removal includes digging out stumps and roots. B. Prune roots under Section 01 56 39 – Tree Protection. C. Control dust under section 10 of the Caltrans Standard Specifications. 3.4 CLEAN UP A. Removal from City’s and Adjacent Property Owner’s Property: Remove all waste materials and unsuitable and excess topsoil from City's and adjacent property owner’s property and dispose of off site in legal manner. Site is to be maintained in a clean condition at all times. PART 4 - MEASUREMENT AND PAYMENT 4.1 MEASUREMENT A. The work performed under Site Clearing section shall not be measured and is included in the various bid items in the Bid Form unless noted otherwise. 4.2 PAYMENT A. The full compensation for Site Clearing shall not be measured separately for payment and shall be considered as included in the contract unit price for Mobilization and various bid items listed in the schedule of bid prices in the Bid Form and no additional compensation will be allowed. END OF SECTION 31 10 00 Page 196 343 CC 02-04-2025 343 of 985 SECTION 31 20 00 – EARTHWORK SECTION 31 20 00 EARTHWORK PART 1 - GENERAL 1.1 WORK INCLUDES A. Trench excavation and backfill B. Subgrade preparation C. Aggregate base removal D. Dust control 1.2 REFERENCES A. State of California, Department of Transportation (Caltrans), 2023 Standard Specifications (“Caltrans Standard Specifications”). B. State of California, Department of Environmental Protection Regulations C. American Society for Testing and Materials (ASTM): 1. ASTM C131 Test Method for Resistance to Degradation of Small-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine 2. ASTM C136 Test Method for Sieve Analysis of Fine and Coarse Aggregates 3. ASTM C231 Standard Test Method for Air Content of Freshly Mixed Concrete by the Pressure Method 4. ASTM D422 Standard Test Method for Particle-Size Analysis of Soils 5. ASTM C535 Test Method for Resistance to Degradation of Large-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine 6. ASTM D422 Method for Particle-Size Analysis of Soils 7. ASTM D1556 Standard Test Method for Density and Unit Weight of Soil in Place by the Sand- Cone Method 8. ASTM D1557 Test Methods for Moisture-Density Relations of Soils and Soil-Aggregate Mixtures Using 10-lb (4.54-kg) Rammer and 18-in. (457-mm) Drop 9. ASTM D2216 Test Method for Laboratory Determination of Water (Moisture) Content of Soil, Rock, and Soil-Aggregate Mixtures 10. ASTM D2321 Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity-Flow Applications 11. ASTM D2487 Test Method for Classification of Soils for Engineering Purposes ASTM D2922 Test Methods for Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth) ASTM D3017 Test Method for Moisture Content of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth) ASTM D3740 Standard Practice for Minimum Requirements for Agencies Engaged in the Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction ASTM D4318 Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils Page 197 344 CC 02-04-2025 344 of 985 SECTION 31 20 00 – EARTHWORK D. Regulatory Requirements: 1. Regulatory requirements that govern the work of this Section include, but are not limited to, the following governing codes: California Code of Regulations, Title 8, Chapter 4, Subchapter 4 — Construction Safety Orders, and Subchapter 19 — Trench Construction Safety Orders. 1.3 SUBMITTALS Submit certified test reports and analyses certifying that the materials proposed for use at the project site conform to requirements, and that all tests were conducted in accordance with the specifications. 1.4 QUALITY ASSURANCE A. The City reserves the right to approve materials to be used in construction. Do not use materials which, after approval, have become unfit for use. B. Field testing of compacted soil may be done by City in accordance with ASTM D1556 or ASTM D2922, using the nuclear method, for the City’s sole convenience. City performs testing under General Conditions Article 7.8. Copies of the density test results performed by the Contractor shall be submitted to the City. C. Maximum Dry Density: The maximum dry density of the material shall be as determined by ASTM D1557. Moisture density relations of soil shall be determined by ASTM D1557. D. Moisture Content: The ratio, expressed as a percentage of the weight of water for a given soil mass to the weight of solid particles, shall be determined by ASTM D1557. E. Dry Density: The weight of soil solids per unit of total volume of soil mass shall be determined by ASTM D1557. F. Air Content: The total calculated air content of controlled density fill shall be determined by ASTM C231 immediately after discharge from the mixer. G. Perform work as specified herein and in accordance with Section 19, “Earthwork” of the Caltrans Standard Specifications. H. If soil or groundwater with visual discoloration, noticeable odor, or evidence of asbestos fibers is encountered, notify City and comply with Section 10.2 of the General Conditions. I. If potential historical artifacts, including glass, ceramics, wooden structures or skeletal remains are encountered, notify City and comply with Section 7.18 of the General Conditions. J. Comply with applicable OSHA safety standards and requirements 1.5 EXISTING SITE CONDITIONS A. Locations of existing pipelines, utilities and substructures shown on the Contract Drawings are approximate. It shall be the Contractor's responsibility to contact all owners of lines and structures that may interfere with the work. Contact Underground Service Alert at 811 or 1-800-227-2600 to obtain a Dig Alert ID Number, at least 2 working days prior to the start of excavation. Contract Crown Castle at 1-888-632-0931, Option 2, and utility companies that do not participate in USA which have underground facilities within the limits of the work. B. Cooperate with the City and utility agencies to keep services and facilities in operation. Repair damaged substructure to the satisfaction of the City at no additional cost to City. Do not interrupt existing utilities serving facilities occupied and used by others, except when permitted in writing by the City or private utility owner(s) and then only after acceptable temporary utility services have been provided. C. Above ground utilities adjacent to excavations shall be protected by the Contractor using methods approved by the owner of facility. D. Stockpile imported backfill material temporarily in an orderly and safe manner. Page 198 345 CC 02-04-2025 345 of 985 SECTION 31 20 00 – EARTHWORK E. Protect open trenches and utility structure excavations with fences, covers and railings to maintain safe pedestrian and vehicular traffic passage. F. Promptly notify the City’s Project Inspector of surface or subsurface conditions differing from those shown on the plans. G. If at any time, the Contractor encounters impacted soil or groundwater, as indicated by visual discoloration, noticeable odor, or evidence of asbestos fibers, the Contractor shall immediately notify the City’s Project Inspector. H. If at any time, the Contractor encounters any potential historical artifacts, including glass, ceramics, wooden structures or skeletal remains, the Contractor shall stop work and immediately notify the City’s Project Inspector. I. Provide dust and noise control in conformance with the City’s project requirements. PART 2 - PRODUCTS 2.1 MATERIALS A. Satisfactory Soils. 1. Fill. Fill shall be equivalent to ASTM D 2487 soil classification groups SM, SC, ML, CL, OL, or a combination of these group symbols. Fill can be comprised of Native Soil material generated from onsite excavation or imported fill as long as the soil meets the satisfactory soil specifications herein. Fill must be free of organic material and debris and shall not contain rocks or clods greater than 3 inches in largest dimension. Fill must have a plasticity index of 16 or less. Do not purchase, accept delivery of, or place Fill material without City’s authorization. See submittal requirements B. Unsatisfactory Soils. 1. Fill. ASTM D 2487 soil classification groups GW, GP, GM, GC, SW, SP, MH, CH, OH, and PT, or a combination of these group symbols. Other unacceptable soils would include rip-rap. 2. Unsatisfactory soils also include satisfactory soils not maintained within 4 percent of optimum moisture content at time of compaction. 3. Fill. Suitable soil excavated from the project site and imported materials which meet the satisfactory soil materials specifications. 4. Bedding material for inlets shall be a 6-inch section of Class 2 aggregate base and shall conform with the requirements of the Aggregate Base Section. PART 3 - EXECUTION 3.1 GENERAL REQUIREMENTS A. Utilization of Excavated Materials: Material removed from excavations shall be used in the construction of fills, embankments, subgrades, and similar purposes, unless the material is deemed unsuitable by the City. B. Surplus soil or soil deemed unsuitable for backfill shall be stockpiled separately. No excavated material shall be used on site without authorization from the City. Material authorized to be used on site shall be stockpiled as acceptable to the City. No excavated material shall be disposed of or stockpiled in such a manner as to obstruct the flow of any stream, impact wetlands, endanger a partly finished structure, impair the efficiency or appearance of any structure, or be detrimental to the completed or in- progress work in any way. C. Vertical Tolerance. Vertically layout and finish-grade the earthwork area to within 0.30 feet of the elevation(s) shown on the Drawings, and to smoothly transition vertically with the existing ground lines. D. Horizontal Tolerance. Horizontally layout and construct the earthwork to within 0.5 feet of the true horizontal position indicated on the drawings, and smoothly transition horizontally with the existing ground lines. The principal edges of earthwork shall be constructed straight or smoothly curved as indicated on the drawings Page 199 346 CC 02-04-2025 346 of 985 SECTION 31 20 00 – EARTHWORK without readily noticeable waviness. E. Grading Tolerance. Construct slopes within 5 percent of the designed slope ratio. Slopes shall be even, i.e., not convex nor concave when viewed up-and-down and across the face of the slope. 3.2 DUST CONTROL A. Dust Control shall be in accordance with the General Conditions and the Caltrans Standard Specifications Section 18. Keep the entire site of work, inclusive of pedestrian and vehicular routes through the work areas, continuously free of dust, by watering as follows: 1. Supply water and apply at locations necessary to control dust from excavated areas, from stacked materials, and from other materials in the amount as directed by the City. 2. The Contractor’s dust control activities shall be in accordance with the applicable OSHA, Cal/OSHA, and State of California, Department of Environmental Protection regulations. 3. Use of soil binders shall be subject to conformance with all project requirements and prior acceptance by the City. 3.3 EXCAVATION A. Excavate every type of material encountered within the limits of the work, to the lines, grades, and elevations as specified herein and as indicated on the Contract Drawings. B. Cutting of Pavement Areas: Perform cutting of pavement areas to required dimensions and elevations as identified in the trench sections shown on the plans or specified elsewhere in this Section. C. Excavating 1. General: Excavate to required elevations and dimensions, allowing ample space for form and material placement, inspection, and form removal. 2. Removing Material: Excavate all material encountered, except for existing services and permanent structures. Soil conditions at bottom of excavation shall be subject to City’s approval. Surfaces shall be level, or sloped if required, clean, and clear of mud. Maintain them in good condition until overlying materials are placed. 3. Suitable Bearing: Where unsuitable material is exposed at completion of planned excavation, perform further excavation as directed by City until suitable bearing is reached. Place and compact backfill as specified herein to correct elevations. 4. Over Excavation: If materials are removed below required elevation, through error or careless excavating, corrective measures shall be performed by Contractor at their own expense. 5. Surface Preparation for Fill Placement. Fill surfaces shall be relatively clean and free of roots or other debris which would compromise bonding between placed material and native or existing materials. 6. AC Pavement Removal: Remove to clean straight lines, and seams shall be located at the edge of lanes and not in wheel paths. D. Material Storage and Disposal: Select stripped, cut, and excavated material which can be used later; classify and stockpile each type separately. Dispose of unsuitable and excess material and debris at lawful off-site locations. E. Temporary support systems shall comply with OSHA requirements. F. Excavation and fill shall be performed in a manner and sequence that will provide proper drainage at all times. G. Structure excavation and backfill shall conform to the provisions in Section 19-3, “Structure Excavation and Backfill” of the Caltrans Standard Specifications. Page 200 347 CC 02-04-2025 347 of 985 SECTION 31 20 00 – EARTHWORK 3.4 BACKFILL (GENERAL) A. Replace any unsuitable material with approved backfill material and compact as directed by the City and as specified herein. B. Before the initial layer of bedding is placed, the bottom surface of the trench shall be tamped or compacted by plate or other means to provide a base for the bedding. C. The bedding material shall be placed and compacted in conformance to the provisions in Section 19-3.02E, “Culvert Beddings,” of the Caltrans Standard Specifications and per Modified City Standard Detail 4-24. No jetting shall be permitted. D. Compact backfill to at least 90 percent laboratory maximum density. E. Backfill excavations when installations have been completed, inspected, and approved. Concrete shall have attained sufficient strength to withstand pressure of earth and compacting operation. Before proceeding, excavations shall be free of forms, debris and other foreign materials. F. Backfill sections shall conform to City Standard Detail 4-24. 3.5 HAULING A. No excavated material shall be hauled out of the project area without prior approval by the City. 3.6 EXCESS MATERIAL A. Excavated material in excess of that used for backfilling, embankment and similar purposes, shall be handled in accordance with these specifications. 3.7 GRADING AND COMPACTION A. Grading: 1. Grading shall conform to the Contract Drawings and the tolerances specified herein. Satisfactory excavated materials shall be transported and placed within the limits of the work. Unsatisfactory materials encountered within the limits of the work shall be excavated and replaced with satisfactory materials as directed by the City. Unsatisfactory materials shall be removed and disposed off-site. 2. The surface of all excavations and subgrades shall be finished to a smooth and compact surface in accordance with the lines, grades, and cross sections or elevations shown on the Contract Drawings. The degree of finish for all graded areas to be paved within this contract shall be within 0.05 feet of the grades and elevations indicated. Ditches shall be finished in a manner that will result in effective drainage. 3. Subgrade shall be shaped to line, grade, and cross section, and compacted as specified. This operation shall include plowing, disking, scarifying existing track subgrade and all moistening or aerating required to obtain specified compaction and moisture content. Soft or otherwise unsatisfactory material shall be removed and replaced with excavated material or other approved material as directed. Low areas resulting from removal of unsatisfactory material shall be brought up to required grade with satisfactory materials, and the entire subgrade shall be shaped to line, grade, and cross section, and compacted as specified. After rolling, the surface of the subgrade shall not show deviation greater than 0.10 feet when tested with a 10-foot straightedge applied both parallel and at right angles to the centerline of the area. The elevation of the finished subgrade shall not vary more than 0.10 feet from the established grade and cross section. 4. Subgrades improperly compacted shall be re-opened to the depth directed by the City, then refilled and compacted to the density specified at the Contractor’s expense. 5. Ditches and drains along subgrade shall be maintained as required to drain the subgrade effectively at all times. The finished subgrade shall not be disturbed by traffic or other operations and shall be protected and maintained by the Contractor in a satisfactory condition until subbase, base, or pavement is placed. The storage or stockpiling of materials on the finished subgrade will not be allowed. No subbase, base, or pavement shall be laid until the subgrade has been checked and Page 201 348 CC 02-04-2025 348 of 985 SECTION 31 20 00 – EARTHWORK approved, and in no case shall subbase, base, surfacing, or pavement be placed on a muddy, spongy, or frozen subgrade. B. Compaction: 1. Furnish satisfactory power-operated or power-driven hand operated equipment wherever possible to compact to requirements specified herein. Do not operate mobile equipment closer to foundation than a horizontal distance equal to the height of backfill above bottom of wall. Compaction shall be accomplished by sheep foot rollers, pneumatic-tired rollers, steel-wheeled rollers, vibrator compactors, or other approved equipment well suited to the type of material being compacted. 2. If the degree of compaction is unsatisfactory, make necessary adjustments until specifications are met. Material placed over layers not satisfactorily compacted shall be removed and the unsatisfactory areas re-compacted as directed by the City at the Contractor’s expense. 3. City will perform field density tests in accordance with ASTM Test Designation D1556 (Sand-Cone Method). The exact locations and minimum number of field density tests shall be determined by the City, subject to the following general requirements: 4. One field density test shall be taken for every 300 linear feet for each lift of soil. 5. Unless otherwise noted, relative compaction of fill materials composing each layer of fill shall not be less than 95 percent as determined by ASTM D1556. 6. These compaction requirements do not apply to material placed in stockpiles or waste areas. 3.8 MAINTENANCE OF EXCAVATIONS A. Maintain excavations when they are open and take all precautions to keep them marked, barricaded and safe. B. When backfill is placed, sheeting and bracing shall be removed in stages so that the walls are supported by the shoring or by newly placed backfill. C. Comply with OSHA standards for shoring. 3.9 FINISH GRADING AND CLEANUP A. Spread topsoil and finish-grade disturbed soil areas to smoothly transition with the surrounding ground lines and structures. B. When earthwork has passed Final Acceptance inspection, promptly remove any temporary erosion control materials. PART 4 - MEASUREMENT AND PAYMENT 4.1 MEASUREMENT A. The work performed under Earthwork section shall not be measured and is included in the various bid items in the Bid Form unless noted otherwise. 4.2 PAYMENT A. The full compensation for Earthwork shall not be measured separately for payment and shall be considered as included in the contract unit price the various bid items listed in the schedule of bid prices in the Bid Form and no additional compensation will be allowed. B. The full compensation for sampling and analysis fees from receiving facilities shall not be measured separately for payment and shall be considered as included in the contract unit price the various bid items listed in the schedule of bid prices in the Bid Form and no additional compensation will be allowed. END OF SECTION 31 20 00 Page 202 349 CC 02-04-2025 349 of 985 SECTION 32 11 23 – AGGREGATE BASE SECTION 32 11 23 AGGREGATE BASE PART 1 - GENERAL 1.1 WORK INCLUDES A. Furnishing and installing Class 2 Aggregate Base B. Source quality control 1.2 REFERENCES A. Test results on aggregate bases and sub-bases, including: 1. “R” value, per California Test Method 301 2. Sieve Analysis, per California Test Method 202 3. Sand equivalency, per California Test Method 217 4. For aggregate bases, the durability index, per California Test Method 229 B. Dust Control shall be in accordance with the General Conditions and the Caltrans Standard Specifications Section 18. Keep the entire site of work, inclusive of pedestrian and vehicular routes through the work areas, continuously free of dust, by watering as follows: C. American Society for Testing and Materials (ASTM): 1. ASTM C136: Test Method for Sieve Analysis of Fine and Coarse Aggregates 2. ASTM D421: Practice for Dry Preparation of Soil Samples for Particle-Size Analysis and Determination of Soil Constants 3. ASTM D1241: Specification for Materials for Soil-Aggregate Subbase, Base, and Surface Courses 4. ASTM D1557: Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort 5. ASTM D2419: Test Method for Sand Equivalent Value of Soils and Fine Aggregate 6. ASTM D2844: Test Method for Resistance R-Value and Expansion Pressure of Compacted Soils 7. ASTM D3744: Test Method for Aggregate Durability Index D. State of California, Department of Transportation (Caltrans), 2023 Standard Specifications (“Caltrans Standard Specifications”). 1.3 SUBMITTALS A. General: Submit under the provisions of Document 00700, General Conditions, Section 4 Control of Work, Submittals. B. Product Data: Submit source, gradation, R-value, sand equivalent, and durability for the proposed base material. C. Test Reports: Submit plant and field test reports as specified in Articles 2.02 and 3.05 herein. PART 2 - PRODUCTS 2.1 MATERIALS A. Aggregate for base course shall conform with ASTM D1241 and the following requirements: B. Class 2 Aggregate Base shall be free of vegetable matter, glass, and other deleterious substances. Coarse aggregate, material contained on the No. 4 sieve, shall consist of material of which 25 percent by weight shall be crushed particles. ¾” Class 2 aggregate base shall conform to the following grading, determined Page 203 350 CC 02-04-2025 350 of 985 SECTION 32 11 23 – AGGREGATE BASE in accordance with ASTM C136: PERCENTAGE PASSING SIEVES 1-1/2 inch 3/4-inch Sieve Sizes Maximum Maximum 2-inch 100 ----- 1-1/2 inch 90-100 ----- 1-inch ----- 100 3/4-inch 50-85 90-100 No. 4 25-45 35-55 No. 30 10-25 10-30 No. 200 2-9 3-9 Class 2 aggregate Base shall conform to the following additional requirements: ASTM Test Tests Method Requirements Resistance (R-Value) D2844 78 min. Sand Equivalent D2419 30 min. Durability Index D3744 35 min. Where aggregate base is used as finish surfacing, it shall be virgin material. 2.2 SOURCE QUALITY CONTROL A. Perform sampling and tests of the aggregate base material in accordance with the ASTM Test Methods herein specified and provide copies of such tests to City, to determine compliance with specified requirements. Samples shall be taken from material as delivered to the site, and shall be prepared in accordance with ASTM D421, as applicable. B. Aggregate grading or sand equivalent test shall represent no more than 500 cubic yards of base material or one days production, whichever is the greater amount. PART 3 - EXECUTION 3.1 EXAMINATION A. Request an inspection by the City and obtain written acceptance of the prepared subgrade or subbase before proceeding with the placement of aggregate base course. B. The subgrade or subbase to receive aggregate base course, immediately prior to spreading, shall conform to the compaction and elevation tolerances indicated for the material involved and shall be free of standing water and loose or extraneous material in accordance 31 20 00. 3.2 INSTALLATION STANDARDS A. Aggregate base shall be applied over the prepared subgrade or subbase and compacted in accordance with Section 26 of the Caltrans Standard Specifications. B. Aggregate base shall have minimum uniform thickness after compaction of dimensions indicated. Where not indicated, compacted thickness shall be 6 inches. C. All compaction expressed in percentages in this section refers to the maximum dry density as determined by ASTM D1557. Page 204 351 CC 02-04-2025 351 of 985 SECTION 32 11 23 – AGGREGATE BASE 3.3 SPREADING OF MATERIAL A. Aggregate for base shall be delivered as uniform mixture of fine and coarse aggregate and shall be spread in layers without segregation. B. Aggregate base material shall be free from pockets of large and fine material. Segregated materials shall be remixed until uniform. C. Aggregate base material shall be moisture-conditioned to at least 2% over optimum moisture content. D. Aggregate base 6 inches and less in thickness may be spread and compacted in one layer. For thickness greater than 6 inches, the base course aggregate shall be spread and compacted in two or more layers of uniform thickness not greater than 6 inches each per Caltrans Standard Specification Section 26. 3.4 COMPACTING A. Unless otherwise specified, relative compaction of each layer of compacted aggregate base material shall be not less than 95 percent as determined by ASTM D1557. B. Thickness of finished base course shall not vary more than 3/4 inch from the indicated thickness at any point. Base that does not conform to this requirement shall be reshaped or reworked, watered, and recompacted to achieve compliance with specified requirements. C. The surface of the finished aggregate base course at any point shall not vary more than 3/4 inch above or below the indicated grade. 3.5 FIELD QUALITY CONTROL A. The City may, for City’s sole convenience, perform field tests to determine compliance with specified requirements for density and compaction of aggregate base material, and to the determine moisture- content compliance of the installed base course. B. Testing frequency by City, if performed, is anticipated to be not less than one test for every 2,000 square feet of base course material, per layer or lift. Cooperate with City’s testing activity. PART 4 - MEASUREMENT AND PAYMENT 4.1 MEASUREMENT A. The work performed under Aggregate Base section shall not be measured and is included in the various bid items in the Bid Form unless noted otherwise. 4.2 PAYMENT A. The full compensation for Aggregate Base shall not be measured separately for payment and shall be considered as included in the contract unit price the various bid items listed in the schedule of bid prices in the Bid Form and no additional compensation will be allowed. END OF SECTION 32 11 23 Page 205 352 CC 02-04-2025 352 of 985 SECTION 32 12 16– ASPHALT PAVING SECTION 32 12 16 ASPHALT PAVING PART 1 - GENERAL 1.1 WORK INCLUDES A. Installation of Asphalt Concrete (AC) plug and AC Overlay “T” Cut 1.2 REFERENCES A. State of California, Department of Transportation (Caltrans), 2023 Standard Specifications 1.3 SUBMITTALS A. Submit HMA source and mix design prepared by a certified laboratory B. Design Data: Submit job mix design per section 39 of the 2023 Caltrans Standard Specifications C. Submit materials certificates signed by material producer certifying that each material complies with section 39 of the 2023 Caltrans Standard Specifications D. Submit Contractor Quality Control Plan per section 39 of the 2023 Caltrans Standard Specifications E. Submit certificate of compliance for tack coat per Section 94 of the 2023 Caltrans Standard Specifications F. Submit delivery slips for HMA products. 1.4 QUALITY ASSURANCE A. Submit a QC plan meeting the requirements Section 39-2.01A(3)(c) of the 2023 Caltrans Standard Specifications PART 2 - PRODUCTS 2.1 GENERAL A. Comply with Section 39 of the 2023 Caltrans Standard Specifications. 2.2 ASPHALT PAVING MIX A. Asphalt mix: Hot Mix Asphalt (HMA) Type A, as specified in the 2023 Caltrans Standard Specifications B. Aggregate gradation for must be ½” maximum. C. Binder shall be PG 64-16 D. The asphalt concrete mix design shall contain a minimum binder content of 5.5% E. The asphalt concrete mix design shall contain an air voids content ratio of 4%. PART 3 - EXECUTION 3.1 GENERAL A. Comply with 2023 Caltrans Standard Specifications 3.2 EXAMINATION A. Verify gradients and elevations of base. Verify compacted asphalt, subgrade and subbase is dry and ready to support paving and imposed loads as specified for the material involved. Remove loose and uncompacted material in accordance with Caltrans Standard Specifications Page 206 353 CC 02-04-2025 353 of 985 SECTION 32 12 16– ASPHALT PAVING 3.3 PREPARATION A. Comply with 39-2.01C(3) “Surface Preparation” of the 2023 Caltrans Standard Specifications B. Apply a tack coat to finished surfaces of aggregate and concrete surfaces where HMA will meet. C. Use clean sand to blot excess primer. 3.4 INSTALLATION – ASPHALT PAVEMENT A. Install work as shown on plans and in accordance with 2023 Caltrans Standard Specifications. B. Spread and compact HMA at minimum ambient and surface temperatures per section 39-2.02C “Construction” of the 2023 Caltrans Standard Specifications PART 4 - MEASUREMENT AND PAYMENT 4.1 MEASUREMENT A. Hot Mix Asphalt (Type A) will be measured for payment by the ton. 4.2 PAYMENT A. The contract price paid per ton for Hot Mix Asphalt (Type A) shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved for Hot Mix Asphalt, complete and in place, as shown on the plans, as specified in these specifications, and as directed by the City. B. Payment for tack coat is included in payment for Hot Mix Asphalt (Type A). END OF SECTION 32 12 16 Page 207 354 CC 02-04-2025 354 of 985 SECTION 32 16 00 – CURBS, GUTTERS, SIDEWALKS, AND BUS PADS SECTION 32 16 00 CONCRETE CURBS, CURB AND GUTTERS, BIKE PATHS, AND SIDEWALKS PART 1 - GENERAL 1.1 WORK INCLUDES Section Includes: A. Concrete curb B. Concrete curb and gutter C. Concrete bike path D. Concrete sidewalk E. Truncated domes 1.2 REFERENCES A. State of California, Department of Transportation (Caltrans), 2023 Standard Specifications (“Caltrans Standard Specifications”). B. American Society for Testing and Materials (ASTM): 1. ASTM C78/C78M: Standard Test Method for Flexural Strength of Concrete 2. ASTM A615/A615M: Standard Specification for Deformed and Plain Carbon-Steel Bars for Concrete Reinforcement 3. ASTM D7508: Standard Specification for Polyolefin Chopped Strands for Use in Concrete 4. ASTM C309: Standard Specification for Liquid Membrane-Forming Compounds for Curing Concrete 1.3 SUBMITTALS A. Product Data: Submit data on bus pad joint filler, epoxy, admixtures, mix designs, and curing compounds. B. Certificates of compliance for concrete mixes signed by both Contractor and Supplier containing the following statements: 1. Materials supplied comply with the specification in all respects 2. Proportioning and mixing is in compliance with a design mix which has been field tested in accordance with the herein requirements and produces the required compressive strength under like conditions. 3. Statement of type and amount of admixtures. 4. All certificates shall include the Material and Supplier’s mix design number C. Make concrete materials submittals under section 90 of the Caltrans Standard Specifications. D. Submit product data for detectable warning surface panels. E. Submit data for grade rings, mortar, and other products to be used to adjust utility covers 1.4 QUALITY ASSURANCE A. Perform Work and testing in accordance with section 73 of the Caltrans Standard Specifications and City standards B. Obtain cementitious materials from one source. Page 208 355 CC 02-04-2025 355 of 985 SECTION 32 16 00 – CURBS, GUTTERS, SIDEWALKS, AND BUS PADS C. Slip forming of curbs will not be allowed. PART 2 - PRODUCTS 2.1 GENERAL A. Products not specified in this section must comply with Caltrans Standard Specifications. 2.2 REINFORCEMENT A. Reinforcing steel must comply with Caltrans Standard Specification section 52. B. Welded wire fabric must comply with ASTM A615/A615M, 10/10. 2.3 CONCRETE MATERIALS A. Concrete shall comply with Caltrans Standard Specifications, Section 73, “Concrete Curbs and Sidewalks” B. Concrete shall contain at least 463 pounds of cementitious material per cubic yard and have a compressive strength of 3,000 psi. 2.4 ACCESSORIES A. Curing Compound: ASTM C309, Type 1 or 1D, Class A or B. 2.5 DETECTABLE WARNING SURFACE A. Detectable warning surface for curb ramps must be cast-in-place replaceable type, Federal Yellow in color, and comply with Caltrans Standard Specification Section 73. PART 3 - EXECUTION 3.1 PLACE CONCRETE A. Install concrete curbs, curb and gutter, sidewalks, pedestrian platforms under Caltrans Standard Specification, Section 73. B. Notify City minimum two work days prior to starting concreting operations. Confirm condition, compaction of subgrade before scheduling pour. C. Scoring: Match existing adjacent paving where occurs and where feasible. Score at corners of embedded pull boxes for crack control. D. Connect to existing sidewalk by setting 7” long, #4 dowels in epoxy. Spacing to be per City of Cupertino Standard Detail 1-23. 3.2 DETECTABLE WARNING SURFACE A. Install detectable warning surface as shown on the plans in accordance with manufacturer’s instructions. B. Do not cut detectable warning panels. 3.3 JOINTS A. Sidewalk, driveway, island, and curb and gutter joints must be construction joints, weakened plane or sawed joints only. Filled joints will not be allowed. Match existing transverse joint spacing (construction, control/weakened plane, score marks, expansion, etc.) per City standards 3.4 FINISHING A. Sidewalk Paving: 1. Slopes less than 6 percent: Slip Resistant, medium broom finish. 2. Slopes greater than 6 percent: Slip resistant, heavy broom finish. Page 209 356 CC 02-04-2025 356 of 985 SECTION 32 16 00 – CURBS, GUTTERS, SIDEWALKS, AND BUS PADS 3. Radius to 1/4 inch radius. 4. Trowel joint edges. 5. Wood float. 6. Texture sidewalk transverse to direction of travel. 3.5 CURING A. Cure using curing compound method under section 90 of the Caltrans Standard Specifications. 3.6 PROTECTION A. Immediately after placement, protect pavement from premature drying, excessive hot or cold temperatures, and mechanical injury. PART 4 - MEASUREMENT & PAYMENT 4.1 MEASUREMENT A. The following bid items will be measured per linear foot: 1. Concrete curb The proposed curb to form the concrete channel under the trench drain will be measured under this bid item. B. The following bid items will be measured per square foot: 1. Concrete bike path 2. Concrete sidewalk/pedestrian platform 3. Truncated domes The proposed pedestrian platform will be measured under the concrete sidewalk bid item 4.2 PAYMENT A. The contract price paid for Concrete Curb measured for pay per linear foot shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in constructing concrete curbs measured for pay per linear foot, including removal of existing aggregate base, site walk with City following construction staking but prior to demolition, adjusting limits of curb ramps and corners, excavation, aggregate base subgrade preparation, laying out, installing dowels into the existing sidewalk, setting, and surveying formwork to verify proper sidewalk cross slopes, meeting with City to review string lines, sidewalk and street cross slopes, painting noses white, and ramp limits, resetting of wooden forms if necessary, final walk through with inspector prior to concrete placement, furnishing and placing concrete, reinforcing, and slip dowels including retaining curbs, complete in place, as shown on the plans, as specified in these specifications, and as directed by the City. B. The contract price paid for concrete items measured for pay per square foot shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in constructing concrete items measured for pay per square foot, including removal of existing aggregate base, site walk with City following construction staking but prior to demolition, adjusting limits of curb ramps and corners, excavation, aggregate base subgrade preparation, laying out, setting, and surveying formwork to verify proper sidewalk cross slopes, meeting with City to review string lines, sidewalk and street cross slopes, and ramp limits, resetting of wooden forms if necessary, final walk through with inspector prior to concrete placement, furnishing and placing concrete, reinforcing, and slip dowels including retaining curbs, adjusting utility covers to finished grade, complete in place, as shown on the plans, as specified in these specifications, and as directed by the City. C. The contract price paid for truncated domes measured for pay per square foot shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work Page 210 357 CC 02-04-2025 357 of 985 SECTION 32 16 00 – CURBS, GUTTERS, SIDEWALKS, AND BUS PADS involved in installing truncated domes per the manufacturer’s instructions, complete in place, as shown on the plans, as specified in these specifications, and as directed by the City. D. HMA (Type A) deep lift sections adjacent to curbs and gutters and islands will be measured and paid per ton as HMA (Type A). END OF SECTION 32 16 00 Page 211 358 CC 02-04-2025 358 of 985 SECTION 32 16 43 – CONCRETE BUS PAD SECTION 32 16 43 CONCRETE BUS PAD PART 1 - GENERAL 1.1 WORK INCLUDES Section Includes: A. Concrete bus pad 1.2 REFERENCES A. State of California, Department of Transportation (Caltrans), 2023 Standard Specifications (“Caltrans Standard Specifications”). B. American Society for Testing and Materials (ASTM): 1. ASTM C78/C78M: Standard Test Method for Flexural Strength of Concrete 2. ASTM A615/A615M: Standard Specification for Deformed and Plain Carbon-Steel Bars for Concrete Reinforcement 3. ASTM D7508: Standard Specification for Polyolefin Chopped Strands for Use in Concrete 4. ASTM C309: Standard Specification for Liquid Membrane-Forming Compounds for Curing Concrete C. Santa Clara County Valley Transportation Authority (VTA), Bus Stop and Passenger Facilities Standards, March 2010 1.3 SUBMITTALS A. Product Data: Submit data on bus pad joint filler, epoxy, admixtures, mix designs, and curing compounds. B. Certificates of compliance for concrete mixes signed by both Contractor and Supplier containing the following statements: 1. Materials supplied comply with the specification in all respects 2. Proportioning and mixing is in compliance with a design mix which has been field tested in accordance with the herein requirements and produces the required compressive strength under like conditions. 3. Statement of type and amount of admixtures. 4. All certificates shall include the Material and Supplier’s mix design number 5. Make concrete materials submittals under section 90 of the Caltrans Standard Specifications. 1.4 QUALITY ASSURANCE A. Perform Work and testing in accordance Caltrans Standard Specifications B. Perform work under VTA Bus Stop and Passenger Facilities Standards, “Bus Stop Pavement Details”, Caltrans Standard Specifications C. Obtain cementitious materials from one source. PART 2 - PRODUCTS 2.1 GENERAL A. Products not specified in this section must comply with Caltrans Standard Specifications. Page 212 359 CC 02-04-2025 359 of 985 SECTION 32 16 43 – CONCRETE BUS PAD 2.2 REINFORCEMENT A. Dowels shall comply with Caltrans Standard Specifications, Section 52, “Reinforcement” 2.3 CONCRETE MATERIALS A. Concrete for bus pads shall comply with Caltrans Standard Specifications, Section 40 “Concrete Pavement” and Section 90, “Concrete” except that the concrete shall: 1. Have a flexural strength of 650 psi at 28 days as determined by ASTM C78. 2. Include 1/2-inch polypropylene fibers (Fibermesh or approved .equal) at a rate of 1-1/2 pounds per cubic yard. Fibers must comply with ASTM D7508 3. Include one pound of dispersing black mixed with each cubic yard of concrete at the batch plant. 2.4 ACCESSORIES A. Curing Compound: ASTM C309, Type 1 or 1D, Class A or B. PART 3 - EXECUTION 3.1 PLACE CONCRETE A. Install bus pads under Caltrans Standard Specification, Section 40, “Concrete Pavement” and Section 90 “Concrete”. 3.2 JOINTS A. Contraction and expansion joints and gaps between the bus pad and the existing pavement shall cleaned and sealed prior to permitting traffic on the pad. Joint sealing compound shall be type “A” joint seal and conform to Caltrans Standard Specifications, Section 51-2.202B, “Type A and AL Joint Seals”. B. Bus Pad: place contraction joints at 10’ intervals and expansion joint at 40’ interval. C. Sawcutting of the contraction joints must be performed within 24 hours after concrete has received final surface finish 3.3 FINISHING A. After spreading and compacting, concrete shall be given a preliminary finish, which shall be smooth and true to grade. In advance of curing operations, the pavement shall be given a final rough broom finish with grooves having depth of 1/8” perpendicular to the curb and gutter. 3.4 CURING A. Cure using curing compound method under Caltrans Standard Specifications, Section 90 “Concrete”. 3.5 PROTECTION A. Immediately after placement, protect pavement from premature drying, excessive hot or cold temperatures, and mechanical injury. B. Do not permit pedestrian or vehicular traffic over pavement for 10 calendar days nor before the concrete has developed a modulus of rupture of 550 pounds per square inch. PART 4 - MEASUREMENT & PAYMENT 4.1 MEASUREMENT A. Concrete Bus Pad will be measured for pay per square foot 4.2 PAYMENT A. The contract price paid for Concrete Bus Pad paid per square foot shall include full compensation for Page 213 360 CC 02-04-2025 360 of 985 SECTION 32 16 43 – CONCRETE BUS PAD furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in constructing the bus pad for pay per square foot, including removal of existing aggregate base, site walk with City and VTA following construction staking but prior to demolition, adjusting limits of corners, excavation, aggregate base subgrade preparation, laying out, setting, meeting with City and VTA to review string lines, sidewalk and street cross slopes, and ramp limits, resetting of wooden forms if necessary, final walk through with inspector prior to concrete placement, furnishing and placing concrete, reinforcing, complete in place, as shown on the plans, as specified in these specifications, and as directed by the City and VTA. B. HMA (Type A) deep lift sections adjacent to the bus pad will be measured and paid per ton as HMA (Type A). END OF SECTION 32 16 43 Page 214 361 CC 02-04-2025 361 of 985 SECTION 32 17 23 – PAVEMENT STRIPES AND MARKINGS SECTION 32 17 23 PAVEMENT STRIPES AND MARKINGS PART 1 - GENERAL 1.1 WORK INCLUDES A. Thermoplastic pavement markings B. Thermoplastic traffic stripes C. Reflective paint on curbs and island nose D. Reflective paint on concrete block E. Type G retroreflective marker on concrete block F. Pavement markers G. Green bike lane pavement markings 1.2 REFERENCES A. State of California, Department of Transportation (Caltrans), 2023 Standard Specifications (“Caltrans Standard Specifications”). 1.3 SUBMITTALS A. Submit product data as specified in sections 81 and 84 of the Caltrans Standard Specifications. 1.4 QUALITY CONTROL A. Layout of Work Prior to the application of the pavement markings, mark the location of all the pavement markings, and obtain authorization before proceeding with the application work. 1.5 DEFINITIONS A. For the purpose of this Contract, the following pavement marking definitions apply: 1. Striping: A painted longitudinal line for separating traffic. 2. Pavement Marking: A painted legend, crossing marking, parking stall, limit line, lettering or striping greater than 6 inches in width. PART 2 - PRODUCTS 2.1 MATERIALS A. Pavement marking materials: Thermoplastic pavement stripes shall comply with section 84-2.03C(2)(c) Sprayable Thermoplastic Traffic Stripes and Pavement Markings Thermoplastic pavement markings, and pavement markers shall conform to section 84-2 of the Caltrans Standard Specifications. Color of pavement markings shall be as shown per detail on the Caltrans Standard Plans. Pavement Markers for striping details and for curb enhancement shall be 2- way retroreflective markers with type, color, and placement conforming to Caltrans Standard Specifications, Section 81. Concrete painting material: 1. Paint for concrete must be reflective white or reflective yellow Page 215 362 CC 02-04-2025 362 of 985 SECTION 32 17 23 – PAVEMENT STRIPES AND MARKINGS 2. Reflective paint must have glass beads and be recommended for coating concrete. B. Green pavement markings may be either of the following: 1. Green methyl methacrylate pavement markings: Ennis-Flint MMAX Colored Lane Treatment with Anti-Skid or approved equal. Materials used to create material shall consist of colored lane treatment pre-pigmented resin and hardwearing aggregate and catalyst. Green colored lane treatment resin shall have the following properties: Density 12.52 +/- .35 Tensile >400PSI ASTM D638 Elongation >180% ASTM D638 Flash Point >50˚F/10˚C ASTM D1310 green colored lane treatment aggregate shall be provided by the manufacturer and will have a hardness of 9 on the Mohs scale. Aggregate shall be a neutral, light color that will not affect the color of the finished product and will have a mesh sizing of 24 grit. Green colored lane treatment catalyst shall come in a powder form and be supplied in bulk at the maximum usage rate of 0.51 +/- 0.2 lbs. (.23 +/- .09 kg) per pail of resin. 2. Premark ViziGrip Skid/Slip Resistant (90 mil) or a City approved equivalent. Bike symbols, legends, and arrows within green bike lanes and shall be Premark ViziGrip (90 mil) or a City approved equivalent. Placement shall be performed as required by the manufacturer's specifications. Bike symbols, legends, and arrows in green bike lanes must be factory assembled with the green marking sheet and interconnected so that in the field it is unnecessary to assemble the individual pieces within a material segment. The green bike lanes shall be pre-formed thermoplastic pavement marking sheets utilizing light green color that meets FHWA specifications for color. A sealer specified by the manufacturer must be applied to the substrate asphalt and concrete to ensure proper adhesion. Preformed green marking sheets shall be installed first before the 6" white liquid thermoplastic bicycle lane line. Pre-formed sheets shall be laid out and applied so that edges of adjacent sheets fit snugly together, the pattern of the marking aligns properly from sheet to sheet, and to prevent overlap of adjacent sheets. First time applicators shall contact the pre-formed thermoplastic pavement marking supplier for product support and on-site training. PART 3 - EXECUTION 3.1 APPLICATION A. Application of pre-formed thermoplastic pavement markings shall be done in accordance with the manufacturer’s instructions. B. Application of methyl methacrylate pavement markings shall be done in accordance with the manufacturer’s instructions. C. Application of thermoplastic traffic stripes shall be done in accordance with Caltrans Standard Specification Section 84-2.03C(2)(c) D. Locations of traffic stripes, pavement markings and pavement markers shall be as shown on the Contract Drawings and approved by the City prior to installation E. Application of reflective paint shall conform to the requirements of Caltrans Standard Specifications Section 78. Page 216 363 CC 02-04-2025 363 of 985 SECTION 32 17 23 – PAVEMENT STRIPES AND MARKINGS F. Application of retroreflective markers to curb face for curb enhancement shall conform to the requirements of Caltrans Standard Specifications Section 81. PART 4 - MEASUREMENT AND PAYMENT 4.1 MEASUREMENT Measurement and Payment sections of Section 84 of the Caltrans Standard Specifications are not applicable. A. The following bid items will be measured per linear foot of the detail of the type shown without subtraction for gaps: 1. 4” White Buffer Stripe 2. 12” White Thermoplastic Traffic Stripe 3. 24” White Thermoplastic Traffic Stripe 4. Detail 37B Traffic Stripe 5. Detail 38 Traffic Stripe 6. Detail 39 Traffic Stripe 7. Detail 39A Traffic Stripe Pavement retroreflective markers that are part of the above striping details will not be measured separately for pay. B. The following bid items will be measured per square foot of the area covered with thermoplastic pavement marking, not counting overlap: 1. Pavement Markings 2. Green Pavement Markings C. The following bid items shall not be measured and is included in the bid item for Traffic Control and Precast Concrete Blocks in the Bid Form: 1. Temporary painted traffic stripes, temporary painted traffic markings, temporary traffic markers 2. Retroreflective markers or paint mounted on concrete block or concrete end block 4.2 PAYMENT A. The contract price for thermoplastic stripe/retroreflective marker items measured for pay by linear foot shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in installing thermoplastic stripe/retroreflective marker items, including establishing alignment and layout work, complete in place, as shown on the plans, as specified in these specifications, and as directed by the City. B. The contract price for Thermoplastic Pavement Markings measured for pay by square foot shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in installing Thermoplastic Pavement Markings, including establishing alignment and layout work, complete in place, as shown on the plans, as specified in these specifications, and as directed by the City. C. The contract price for Green Pavement Markings paid per square foot shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in installing Green Pavement Markings, including establishing alignment and layout work, complete in place, as shown on the plans, as specified in these specifications, and as directed by the City. D. Full compensation for temporary painted traffic stripes, temporary painted pavement markings and Page 217 364 CC 02-04-2025 364 of 985 SECTION 32 17 23 – PAVEMENT STRIPES AND MARKINGS temporary pavement markers used for temporary traffic centerline, median striping and lane line striping, shall be considered as included in the contract Lump Sum paid for Traffic Control and no separate payment will be made therefor. E. Full compensation for retroreflective markers or paint used on precast concrete blocks shall be considered as included in the unit price paid for Precast Concrete Block and Precast Concrete End Block and no separate payment will be made therefor. F. There shall be no increase in the unit price for bid item quantities increased or decreased. END OF SECTION 32 17 23 Page 218 365 CC 02-04-2025 365 of 985 SECTION 33 05 61 – MANHOLES AND STRUCTURES SECTION 33 05 61 ADJUSTING MANHOLES AND VALVE COVERS PART 1 - GENERAL 1.1 WORK INCLUDES A. Adjusting a sanitary sewer manhole to proposed grade. B. Adjusting a water valve cover to proposed grade 1.2 REFERENCES A. State of California, Department of Transportation (Caltrans), 2023 Standard Specifications (“Caltrans Standard Specifications”). 1.3 SUBMITTALS A. Submit product data for raising devices as specified in Section 71-5.03B “Frames, Covers, Grates and Manholes” of the Caltrans Standard Specifications. 1.4 QUALITY ASSURANCE A. Perform Storm Drain Work in accordance with City of Cupertino Standards and Section 71-5.03B “Frames, Covers, Grates and Manholes” of the Caltrans Standard Specifications. PART 2 - PRODUCTS 2.1 MATERIALS A. Raising device must comply with Section 71-5.03B “Frames, Covers, Grates and Manholes” of the Caltrans Standard Specifications. PART 3 - EXECUTION 3.1 ADJUSTING FRAME AND COVER A. Adjust manhole frame and cover using a raising device in compliance with section 71-5.03B “Frames, Covers, Grates and Manholes” of the Caltrans Standard Specifications. PART 4 - MEASUREMENT AND PAYMENT 4.1 MEASUREMENT A. The work performed under Manholes and Structures section, will not be measured and shall be considered as included in the various bid items in the Bid Form. 4.2 PAYMENT A. Full compensation for adjusting manhole covers to grade shall not be measured separately for payment and shall be considered as included in the contract unit price for Minor Concrete (Bus Pad) bid item listed in the schedule of bid prices in the Bid Form and no additional compensation will be allowed. END OF SECTION 33 05 61 Page 219 366 CC 02-04-2025 366 of 985 SECTION 33 41 00 – TRENCH DRAIN FRAME AND GRATE SECTION 33 41 00 TRENCH DRAIN FRAME AND GRATE PART 1 - GENERAL 1.1 WORK INCLUDES A. Installation of frame and grate over concrete channel. 1.2 REFERENCES A. State of California, Department of Transportation (Caltrans), 2023 Standard Specifications (“Caltrans Standard Specifications”). B. American Society of Mechanical Engineers (ASME): 1. ASME A112.6.3 Floor and Trench Drains 1.3 SUBMITTALS A. Submit trench drain frame and grate construction, features, configuration, and dimensions. 1.4 QUALITY ASSURANCE A. Perform Work in accordance with City of Cupertino Standards, in accordance with manufacturer’s instructions and with prior approval of the City. 1.5 DELIVERY, STORAGE, AND HANDLING A. Deliver and store products in manufacturer’s packaging bearing the brand name and manufacturer’s identification until ready for installation B. Store products in environmental conditions within the manufacturer’s recommended limits C. Handle materials to avoid damage. PART 2 - PRODUCTS 2.1 MATERIALS A. Frame and grate shall be a singular system, constructed of ductile/cast iron, and be rated “Medium Duty” per the requirements of ASME A112.6.3 B. Grate shall be ADA compliant and be certified to have an anti-slip traction surface by the manufacturer. C. Grate shall be solid D. Grate shall be removable and bolted in place or outfitted with approved locking mechanism, flush or recessed in grate. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine installation site for compliance with manufacturer’s requirements for placement and installation. B. Correct any unsatisfactory conditions prior to installation. 3.2 INSTALLATION A. Frame and grate shall be installed at the same time and be embedded with the concrete trench drain and per manufacturer’s recommendations. B. The frame shall be properly fitted and cover shall be flush with adjacent grade. PART 4 - MEASUREMENT AND PAYMENT Page 220 367 CC 02-04-2025 367 of 985 SECTION 33 41 00 – TRENCH DRAIN FRAME AND GRATE 4.1 MEASUREMENT A. The work performed under Trench Drain Frame and Grate shall be measured on a lump sum unit cost. 4.2 PAYMENT A. The contract lump sum price for Trench Drain Frame and Grate shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved for furnishing and installing trench drain frame and grate per the manufacturer’s recommendations, including installation into the concrete channel, complete and in place, as shown on the plans, as specified in these specifications, and as directed by the City. END OF SECTION 33 41 00 Page 221 368 CC 02-04-2025 368 of 985 Steven Creek Boulevard Class IV Bike Lane Phase 2A TECHNICAL SPECIFICATIONS Project No. 2022-15 SECTION 34 41 13 – SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS SECTION 34 41 13 SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS PART 1 - GENERAL 1.1 WORK INCLUDED A. Furnish and install traffic signal standards, posts, and foundations. B. Traffic signal heads, push button assemblies, luminaries, hardware and appurtenances. C. Traffic signal pull boxes. D. Conduit, circuits, and appurtenances. E. Trenching for conduits and appurtenances and backfill. F. Dust alleviation and control. G. Cleanup and restoration of surface in improved areas, including pavement markings and signage. H. Supplying all labor, materials, equipment and apparatus not specifically mentioned herein or noted on the plans, but which are incidental and necessary to complete the work specified. I. Prior to installing the traffic signal poles, Contractor shall refer to the potholing report prepared by Exaro in Attachment C. J. 2 weeks prior to installing traffic signal poles at Stevens Creek Boulevard/Wolfe Road, and Stevens Creek Boulevard/De Anza Boulevard intersections, Contractor to drill an exploratory hole at the proposed pole foundation location per the Project Plans. K. The cost for the traffic signal pole exploratory hole will not be paid for as a pothole, but the cost for the traffic signal pole exploratory hole will be part of the price paid for traffic signal poles. L. Removing existing traffic signal standards. M. Relocating existing traffic signal equipment and roadway signs. N. Furnishing and installing new traffic signal standards and equipment at the intersections of Stevens Creek Boulevard and Miller Avenue-Wolfe Road and Stevens Creek Boulevard and De Anza Boulevard, per the Project Plans and these Technical Specifications. 1.2 APPLICABLE PUBLICATIONS A. The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the general designation only. 1. The State of California, Department of Transportation Standard Specifications, 2. Standard Plans, and Manual on Uniform Traffic Control Devices (MUTCD). 3. NEC – The National Electric Code. 4. California Division of Industrial Safety Electrical Orders (Title 8). 5. I.E.S. – Illumination Engineering Society of Standards. 6. NEMA – National Electrical Manufacturers Association Standards. 7. IMSA – International Municipal Signal Standards and Specifications. 8. SPUC Electrical Safety Orders (i.e., General Order No. 95) Page 222 369 CC 02-04-2025 369 of 985 Steven Creek Boulevard Class IV Bike Lane Phase 2A TECHNICAL SPECIFICATIONS Project No. 2022-15 SECTION 34 41 13 – SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS 9. American Society for Testing and Materials (ASTM) Publications: A – 123 Zinc Coatings, Rolled, Pressed Forged Mat. A - 307 Carbon Steel Bolts and Studs, 60,000 psi Tensile Strength. B - 3 Specification for Soft or Annealed Copper Wire. B - 8 Cubic Conduit Hard Medium Soft. D – 1785 Pipe, Poly Vinyl Chloride (PVC) Plastic, Schedules 40, 80 &120. 10. City of Cupertino Standard Details 11. Caltrans Standard Plans and Specifications 1.3 SUBMITTALS A. Submittals covered by these requirements include manufacturers’ information, shop drawings, test procedures, test results, samples, requests for substitutions, and miscellaneous work- related submittals. Submittals shall also include, but not be limited to, all mechanical materials, reinforcing steel, and fabricated items. The Contractor shall furnish all drawings, specifications, descriptive data, certificates, samples, tests, methods, schedules, and manufacturer’s installation and other instructions as specifically required in the contract documents to demonstrate fully that the materials and equipment to be furnished and the methods of work comply with the provisions and intent of the Contract Documents. B. The following is the list of submittals anticipated for this project: 1. Certificates of compliance for concrete mixes signed by both Contractor and Supplier containing the following statements: a. Materials supplied comply with the specification in all respects b. Proportioning and mixing is in compliance with a design mix which has been field tested in accordance with the herein requirements and produces the required compressive strength under like conditions. c. Statement of type and amount of admixtures. d. All certificates shall include the Material and Supplier’s mix design number 2. At time of delivery provide certified delivery ticket stating volume of concrete delivered and time of mixing, or time of load-out in case of transit mixers. 3. Shop drawings on all poles, electroliers, signal heads and fixtures, and signal system equipment components, and catalogue cuts of conduits, conductors, pull boxes, and other equipment for approval prior to ordering material and equipment. 4. Proposed LED Luminaires conforming to section 86-1.02K(2) of Standard Specifications and these Special Provisions. 5. At the completion of construction, the Contractor shall submit a record drawing (i.e., marked up copy of the contract drawing) showing the intersection: a. Poles b. Cabinets c. Pull boxes Page 223 370 CC 02-04-2025 370 of 985 Steven Creek Boulevard Class IV Bike Lane Phase 2A TECHNICAL SPECIFICATIONS Project No. 2022-15 SECTION 34 41 13 – SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS d. Conduit routing e. Loops f. Pole schedule g. Conduit schedule h. Phasing as shown on the plans 1.4 QUALITY ASSURANCE A. All work shall be done under the supervision of, and to the satisfaction of the City Engineer. B. Electrical work must be performed by a contractor having a valid California C-10,'Electrical Contractor' license. C. Installation shall be in conformance with the NEC. D. All materials to be supplied shall be approved by the City. E. All material for signals and safety lighting shall require the Underwriters' Laboratories label, except material for which U. L. does not provide label service listing. F. All material shall be new, packed in original containers, installed or turned over to the City free of rust, corrosion, or any other defects. G. To the extent possible, all equipment or materials for any one system shall be furnished by the same manufacturer. Such items as conduit, conduit fittings and appurtenances supplied for any one system shall be the same throughout the project. H. Compaction, Compression, and Tests: 1. The percentage of compaction or the compressive strength specified shall be the minimum allowable. 2. Compressive strength of concrete shall be determined utilizing test cylinders taken during the pour at such times and frequencies as designated by the City Engineer. At minimum, the compressive strength shall be tested once per 100 cubic yard of concrete cast, or every day of casting, whichever is more frequent. Sampling shall be in accordance with the requirements of ASTM C172 and the specimens shall be made and cured in accordance with the requirements of ASTM C31. Compression testing shall conform to the requirements of ASTM C39. I. Certification of Materials: 1. Portland Cement Concrete: When requested, provide City Engineer with two (2) copies of mill test reports of aggregate, cement, and reinforcement supplied, showing compliance with the respective Specifications. 2. Provide City Engineer with copies of certified plant load-out slips showing volume of concrete delivered and time of mixing for each load. 1.5 JOB CONDITIONS A. Contractor shall conduct operations and schedule cleanup in a manner to cause the least possible obstruction and inconvenience to traffic, pedestrians and any adjacent property owners and tenants. B. Contractor shall protect open excavations and trenches with covers, railings and fences as required, together with signs, lights and other warning devices sufficient to protect and maintain safe pedestrian, bicycle, and vehicular traffic through the work area to the satisfaction of the City Engineer. C. Contractor shall conduct operations in such a manner that existing facilities and utilities which are to remain in place will note be damaged. Excavation, trenching, and other work under or adjacent to existing pipelines, Page 224 371 CC 02-04-2025 371 of 985 Steven Creek Boulevard Class IV Bike Lane Phase 2A TECHNICAL SPECIFICATIONS Project No. 2022-15 SECTION 34 41 13 – SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS conduit runs, or structures of any kind, shall be protected in such a manner as not to interfere with the safe operation and use of such facilities. Should any damage be incurred to existing facilities or structures during the operations, the Contractor shall immediately notify the proper owners or authorities and shall arrange for the immediate repair of the facilities at the Contractor’s expense. D. The location of proposed signal and electrolier standards, pull boxes, conduits, cabinets, and other equipment shown on the plans is approximate only and the exact location of such shall be as established in the field by the City Engineer. E. Construction area shall be left in a clean, neat, and workmanlike condition. All construction waste, rubbish, and debris remaining upon completion of the work shall become the property of the Contractor unless otherwise specified herein or noted on the plans and shall be removed from the work-site by the Contractor and disposed of off-site in a lawful manner to the satisfaction of the City Engineer. F. Comply and conform to conditions and requirements indicated herein and specified under all other sections of these Technical Specifications. 1.6 MAINTAINING EXISTING AND TEMPORARY ELECTRICAL SYSTEMS A. Contractor will execute the Work while traffic signals are in operation except for the periods of permitted shutdown. For shutdown periods, Contractor will prepare and submit a detailed plan that includes shutdown schedule, planned sequence of work, milestones and projected times of completions of activities, any anticipated problems, Contractor’s supervisory personnel, actions desired of City and staff, and contingency plans. Contractor will allow sufficient time for review and re-submittal of the shutdown plan until acceptable to City. Contractor will employ sufficient labor, superintendence, and equipment at all times during shutdown and other operational disruptions to complete Work within the specified periods at no additional cost to the City. When required to minimize treatment process interruptions while complying with specified sequencing constraints, Contractor will provide power, lighting, controls, instrumentation, and safety devices. B. Traffic signal and street lighting system shutdowns, when permitted, shall be limited to periods between the hours of 9:00 AM and 3:00 PM. C. Existing street lighting and signal communication systems shall be maintained during construction operations. Maintain existing safety lighting on streets to the minimum required by the Special Conditions, or as required by the City Engineer. Maintenance of existing street light and traffic signal systems shall be considered as included in the contract lump sum prices for the work item involved and no additional compensation will be allowed therefore. D. The contractor shall place "Stop Ahead" and "Stop" signs to direct vehicle and pedestrian traffic through the intersection during traffic signal system shutdown. Temporary "Stop Ahead" and "Stop" signs shall be either covered or removed when the system is turned on. E. "Stop Ahead" and "Stop" signs shall be furnished by the contractor and shall conform to the provisions in the California MUTCD and Section 12-3.11, "Construction Area Signs", of the Standard Specifications, except that the base material for the signs shall not be plywood. F. One "Stop Ahead" sign and two "Stop" signs shall be placed for each direction of traffic. Location of the signs shall be as directed by the City Engineer. G. Full compensation for furnishing, installing, maintaining and removing temporary "Stop Ahead" and "Stop" signs and for covering signs not in use shall be considered as included in the contract lump sum price paid for the work item involved and no additional compensation will be allowed therefore. PART 2 - PRODUCTS 2.1 CONTRACTOR FURNISHED ITEMS A. Contractor shall furnish all poles and equipment necessary to install the traffic signal improvements and to provide a fully functional traffic signal system as per the Project plan and these Technical Specifications. Page 225 372 CC 02-04-2025 372 of 985 Steven Creek Boulevard Class IV Bike Lane Phase 2A TECHNICAL SPECIFICATIONS Project No. 2022-15 SECTION 34 41 13 – SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS 2.2 EQUIPMENT LIST AND DRAWINGS A. Submission of Proposed List of Equipment and Material Drawings: 1. Unless otherwise permitted in writing by the Engineer, the Contractor, within 10 days following approval of the contract or at the time of the pre-construction meeting (whichever comes first), shall submit to the Engineer for approval, a list of equipment and materials to be installed. 2. The list shall be complete as to name of manufacturer, size and identifying number of each item. B. At the completion of construction, the Contractor shall submit a record drawing (i.e., marked up copy of the contract drawing) showing the intersection: 1. Poles 2. Cabinets 3. Pull boxes 4. Conduit routing 5. Loops 6. Pole schedule 7. Conduit schedule 8. Phasing as shown on the plans 2.3 TRAFFIC SIGNAL POLES AND MAST ARMS A. New traffic signal poles shall conform to the 2023 Caltrans Standard Plans and Sections 86 and 87 of the Caltrans Standard Specifications. B. All poles shall be Valmont Galvanized Steel or approved equal. C. All anchor bolts shall be sized to Caltrans Standard Plans and Specifications. D. All anchor bolts shall be galvanized steel, complete with two hex nuts, two flat washers and one lock washer per bolt. E. The bonding wire is to be secured to a grounding lug, which is bolted to the inside of the pole directly opposite the hand hole. F. All poles are to be grounded using a #6 AWG soft drawn bare copper wire. G. Bonding wire must not be able to come in contact with the pole. H. Ground wire shall be attached to ground rod at service pull-box by means of a ground rod clamp. I. All shafts shall be provided with slip fitter caps. 2.4 PULL BOXES A. New pull boxes shall conform to Section 86-1.02C of the Standard Specifications, Caltrans standard plans ES-8A and ES-8B, and these Technical Specifications. B. Pull box types and sizes shall be as per Project plans. C. All pull boxes not in vehicular traffic areas shall be Composolite Quazite pull boxes or approved equal. D. Concrete boxes with traffic-rated lids shall be used in vehicular traffic areas. 2.5 CONDUIT Page 226 373 CC 02-04-2025 373 of 985 Steven Creek Boulevard Class IV Bike Lane Phase 2A TECHNICAL SPECIFICATIONS Project No. 2022-15 SECTION 34 41 13 – SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS A. All buried conduit will be PVC (polyvinyl chloride) schedule 40 with a diameter as shown on the Project Plans. B. Conduit mounted on structures or within concrete foundations shall be rigid metal or IMC type. C. All conduit will be installed in accordance with City of Cupertino standards or by directional boring. D. There shall be no more than 3-90 degree sweeps in any run between pull boxes. E. The minimum radius of bends for 2” conduit shall be 24”. F. The minimum radius of bends for 3” conduit shall be 36”. G. Conduit shall not be mounted on the surface of poles or cabinets except in the case of risers. 2.6 CONDUCTORS A. Conductors shall conform to the provisions in Section 86-1.02F “Conductors and Cables” of the Standard Specifications and these Technical Specifications. B. All field wiring must conform to the City of Cupertino traffic signal color code. C. All conductors shall be labeled in the controller cabinet. D. All conductors from vehicle and pedestrian head terminal blocks to the nearest pull box shall be AWG #14 solid copper THHN/THWN cross-linked polyethylene. 2.7 TRAFFIC SIGNAL VEHICULAR HEADS A. Traffic signal heads shall be Econolite or McCain aluminum and shall be included in Caltrans’ Authorized Material List. B. Traffic signal heads with 100% interchangeable parts may be considered. C. At the City’s discretion, the Contractor may be required to supply a sample of the proposed vehicle signal head, complete with framework and visor, for examination and approval by the City. The Contractor shall be called to pick up the sample within 5 working days when the inspection is complete. D. Housings shall be factory drilled and tapped to accommodate backplates. E. Visors shall be tunnel type. F. Visors shall be 7 inches long for 8-inch signal faces and 9-1/2 inches long for 12-inch signal faces. G. All backplates shall be factory painted flat black in color and conform to Caltrans Standard Plan ES-4C. H. All vehicle signal sections shall be 12-inch. I. All bicycle signal sections shall be 8-inch. J. All framework assemblies shall have vertical ferrous terminal compartments. K. All signal head sections (red, yellow, and green) shall be Light Emitting Diode (LED) type, General Electric or approved equivalent and included on Caltrans’ Authorized Material List. 2.8 PEDESTRIAN SIGNALS A. The pedestrian signals shall be 16” countdown-type (General Electric or approved equivalent), using Light Emitting Diode (LED) for walk, don’t walk and countdown indications. Signal shall use international symbol indications, with full hand and full man, and include Z-crate visor. Housing of pedestrian head shall be painted black. B. Pedestrian heads with 100% interchangeable parts may be considered. C. At the City’s discretion, the Contractor may be required to supply a sample of the proposed pedestrian Page 227 374 CC 02-04-2025 374 of 985 Steven Creek Boulevard Class IV Bike Lane Phase 2A TECHNICAL SPECIFICATIONS Project No. 2022-15 SECTION 34 41 13 – SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS signal head, complete with framework, for examination and approval by the City. The Contractor shall be called to pick up the sample within 5 working days when the inspection is complete. D. Wiring shall be #14 AWG THHN/THWN and conform to the City of Cupertino color code. 2.9 PEDESTRIAN PUSH BUTTONS A. General 1. All pedestrian push button assemblies shall be Accessible Pedestrian System Type per State Standard Plan ES-5C and 2022 Caltrans Standard Specifications Section 86-1.02T “Accessible Pedestrian Signals”. Pedestrian push button signs shall be the touchless button sign (9" x 15") with appropriate push button frame adapter. Pedestrian push buttons shall be 2” ADA pushbuttons and be mounted 36” above the adjacent pavement. 2. Pedestrian push buttons shall have the touchless option, LED indication and audible speaker on pushbutton body to indicate activation of pushbutton. Pushbutton shall be the latest Campbell Company Guardian Wave Accessible Pedestrian Signal (APS), or City-approved equivalent. 3. The push button shall be a vibratory and tactile unit with a raised directional arrow and shall be as follows: B. Specifications for Accessible Pedestrian Signal (APS) 1. The Audible-Tactile Pedestrian Signal System shall consist of all electronic control equipment, mounting hardware, push buttons and signs, which are designed to provide both a push button with a raised vibrating tactile arrow on the button, along with a variety of audible sounds for different pedestrian signal functions. 2. The APS shall consist of an independent Push Button Stations (PBS), as described below, and be capable of communicating with and programming with devices that support iOS client application, Android client application, Windows PC with Bluetooth and Windows client application, for programming the system settings. C. Design Compliance 1. The APS shall meet: • The functionality requirements of MUTCD 2009 – 4E and CAMUTCD 2011 – 4E, latest revision. • NEMA TS 2 Section 2.1 Temperature & Humidity requirements, or TS4 equivalent. • NEMA TS 2 Section 2.1 Transient Voltage Protection requirements, or TS4 equivalent. • NEMA TS 2 Section 2.1 Mechanical Shock and Vibration requirements, or TS4 equivalent. • IEC 61000-4-4, IEC 61000-4-5 Transient Suppression requirements. • FCC Title 47, Part 15, Class A Electronic Noise requirements. 2. The Push Button Station (PBS) Enclosure shall meet NEMA 250 – Type 4X requirements. D. Functional Requirements 1. The APS shall provide: • A “Wait” message that plays once the button is activated, and until the Walk cycle goes into effect. This message must have the field selectable option of OFF, or repeating every 4, 6, 8 or 10 seconds. • At least 7 Ped-clearance sound choices including audible countdown (field selectable). The audible countdown shall represent the time remaining during the pedestrian Clearance interval. Page 228 375 CC 02-04-2025 375 of 985 Steven Creek Boulevard Class IV Bike Lane Phase 2A TECHNICAL SPECIFICATIONS Project No. 2022-15 SECTION 34 41 13 – SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS Timing is automatically adjusted to the CLEARANCE INTERVAL timing, provided by the Traffic Controller. Due to flasher relay timing variables, audible and PED Head numbers may vary by approximately one second. • 2 language capabilities, selectable by user (as a field selectable feature). • Emergency Preemption Message in conjunction with a preemption system (selectable feature). • Synchronization capabilities of all sounds for all PBS’s. 2. The APS shall utilize high quality digital audio technology, with a minimum 16-bit sample at a 48 kHz sample rate. 3. The PBS firmware and voice messages shall be updatable via Bluetooth. There shall be no requirement for IC chips or module hardware to be removed or exchanged to complete a firmware or audio update. 4. The entire System shall be configurable any PBS over Bluetooth. All field access to selectable options using Bluetooth, Wi-Fi or Ethernet devices shall be protected using password security. 5. All PBS shall have “Touchless” actuation capabilities and shall be capable of detecting movement within 1-4 inches to actuate/place ped call via the PBS. The touchless actuation option shall be capable of adjusting the distance or range of detection from 1-20 inches and shall be capable of adjusting minimum wave detection time (amount of time that a wave must be performed before a call is activated). The setting times shall be in milliseconds and be settable to 0ms, 50ms, 250ms, and 500ms. The touchless actuation option performance shall not be impeded or affected by ice buildup on the push button station. Touchless actuation shall be inconspicuous and vandal resistant. E. Pedestrian Push Button Station Design Features 1. The PBS allows the pedestrian to place calls either via touchless feature or by pressing the button to the Traffic Controller and provides vibro-tactile feedback during the Walk cycle. 2. The PBS shall be mounted to a pole per Caltrans Standard Plan ES-7A. 3. The PBS shall be a single fixture that contains a 2” activation area, in which resides an ADA compliant vibro-tactile push button with a raised directional tactile arrow, and a sign mounted above the button. 4. The PBS Speaker shall be 8 Ohms, 6 Watt, and weather-proof. 5. The PBS button shall pulse and vibrate at approximately 20 Hz with displacement factor based on pounds of force used to actuate. 6. The PBS shall have a rear facing speaker projecting sound from front and back, providing 360º omnidirectional sound performance. 7. The PBS shall include internal Conflict Monitoring that monitors WALK, and DON’T WALK input signals for conflict conditions; disables system operation and logs errors if conflict occurs. 8. The PBS firmware and voice messages shall be updatable via Bluetooth. There shall be no requirement for the hardware to be changed out to update. 9. The system shall operate with the vendor’s client application to record and upload cumulative PED count & call data. 10. The PBS shall meet or exceed NEMA 250 type 4X enclosure requirements. 11. The PBS Construction shall be: FRAME and BUTTON COVER: Cast Aluminum, Powder Coated. HOUSING: Reinforced, UL-listed Thermoplastic. Page 229 376 CC 02-04-2025 376 of 985 Steven Creek Boulevard Class IV Bike Lane Phase 2A TECHNICAL SPECIFICATIONS Project No. 2022-15 SECTION 34 41 13 – SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS MESSAGE SIGN: Aluminum, Powder Coated, Ink Markings, or Reflective Vinyl Sheeting PUSH BUTTON: Aluminum, Nickel Plated, Powder Coated. 12. Electronic circuits (printed circuit board assemblies) shall be in a thermoplastic housing/enclosure having a UL94-V0 flammability rating. The housing/enclosure shall provide NEMA 250 4X protection to all covered components. 13. The PBS shall be a modular design with a separate speaker compartment that can be field replaced. 14. Audible messages shall conform to the latest CA-MUTCD Section 4E. 15. Speech walk messages that are used at intersection having pedestrian phasing that is concurrent with vehicular phasing shall be patterned after the model: “Broadway. Walk Sign is on to cross Broadway at 1st.” 16. Speech walk messages shall not contain any additional information, except they shall include designations such as “Street”, “Way”, “Drive” or “Avenue”, etc., where this information is necessary to avoid ambiguity at a particular location. 2.10 VEHICLE DETECTION - 360-DEGREE VIDEO DETECTION SYSTEM A. The contractor shall furnish and install a 360-degree video detection system, by Grid Smart or City approved equal, at the intersection of Stevens Creek Boulevard and De Anza Boulevard, . 2.11 LED BLANK OUT SIGNS A. The Contractor shall furnish and install no-right-turn R3-1 blank out sign by McCain, or approved equal, on the traffic signal poles as indicated on the plans. 2.12 TRAFFIC SIGNAL SAFETY LIGHTING A. Traffic signal safety lighting shall conform to the provisions in section 86-1.02K, “Luminaires,” of the Standard Specifications and these Technical Specifications. B. Contractor is to provide submittals of proposed LED Luminaires conforming to section 86- 1.02K(2) of Standard Specifications and these Special Provisions. C. Luminaires shall be LED, Type III, medium cut-off types. The luminaire wattage shall be equivalent to a 120-watt high pressure sodium luminaire, unless otherwise indicated on plans. Luminaires shall have a color temperature of 4000K. D. The photoelectric cell is to have a 1000-watt rating and voltage range of 105-volts to 285-volts. E. The photo electric cell socket shall be an integral part of the top of the luminaire standard closest to the electrical service cabinet. F. The photo electric cell shall be DTL Model D124-1.5-S or approved equal with 1.5 FTC turn-on level. G. The source wire for luminaires shall be black #8 AWG THHN or approved equal for the hot wire (for 120 volts), and red and black #8 AWG THHN or approved equal (for 240 Volts). The neutral wire shall be white #8 AWG THHN. H. Each individual safety light shall be fused in the base of the pole with BAN-15 AMP Buss fuse utilizing a TRON HEB-AA fuse holder or approved equal. PART 3 - EXECUTION 3.1 REMOVAL OF EQUIPMENT Page 230 377 CC 02-04-2025 377 of 985 Steven Creek Boulevard Class IV Bike Lane Phase 2A TECHNICAL SPECIFICATIONS Project No. 2022-15 SECTION 34 41 13 – SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS A. All removed equipment, including traffic signal poles, shall become the property of the Contractor. The cost of proper disposal of all removed equipment, including traffic signal poles shall be included in the lump sum of the work item involved and no addition compensation will be allowed therefore. B. Removals shall be performed in a careful and workmanlike manner. 3.2 DAMAGE EXISTING FACILITIES A. Sidewalks, curb and gutter, planting medians and other pavement which are damaged by the signal installation work shall be removed by saw cutting at the first scoring line or as determined by the Engineer and replaced in kind. B. The replacement of all damaged facilities shall be done at the Contractor’s expense. 3.3 UNDERGROUND UTILITIES A. Existing underground utilities shown on the plans are approximate only. The Contractor shall verify exact location of all underground utilities prior to any excavation, drilling or underground boring work. B. The City does not warrant the accuracy or completeness of items or their locations. The Contractor shall verify the exact location and depth of existing conduits, pull boxes and other electrical facilities prior to the use of any tools or equipment that may damage such facilities or interface with any electrical system. C. It shall be the responsibility of the Contractor to contact serving utilities and obtain their approval and consent as their interest may appear. D. Contractor is responsible for additional expenses due to conflicts with underground obstructions. E. Underground Service Alert (U. S. A.) Notification F. The Contractor shall notify U. S. A. at least 48 hours prior to any excavation. 811. 3.4 ELECTRICAL SERVICE A. Maintaining Existing and Temporary Electrical System 1. Existing traffic signal facilities are to be kept in operation during construction, until Contractor is ready to make the modified traffic signal system operational. 3.5 TRAFFIC SIGNAL POLE FOUNDATIONS A. New traffic signal pole foundations shall conform to the 2023 Caltrans Standard Plans and Standard Specifications. 3.6 TRAFFIC SIGNAL POLES AND MAST ARMS A. New traffic signal poles shall conform to the 2023 Caltrans Standard Plans and Sections 86 and 87 of the Caltrans Standard Specifications. B. All required drilling of poles shall be done in the field after the pole is mounted. C. All poles shall be leveled and cleaned of all cement. D. Contractor shall make tentative layouts of all standards as shown on the plans, then arrange for confirmation of locations by the Engineer, prior to excavating. E. A 2-foot minimum clearance shall be provided from face of curb to the face of standard, except where noted on the plans. F. When installed, pole base shall be 2 inches above finish grade level. The 2-inch gap between the base and finish grade shall be filled with non-shrink grout. G. Anchor bolts shall be bonded to rigid steel conduit. Page 231 378 CC 02-04-2025 378 of 985 Steven Creek Boulevard Class IV Bike Lane Phase 2A TECHNICAL SPECIFICATIONS Project No. 2022-15 SECTION 34 41 13 – SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS H. Conduit between standard and adjacent pull box shall be a 2” size minimum. I. Conduit shall protrude 2” max above finished surface foundation. J. The bonding wire is to be secured to a grounding lug, which is bolted to the inside of the pole directly opposite the hand hole. 1. All poles are to be grounded using a #6 AWG soft drawn bare copper wire. 2. Bonding wire must not be able to come in contact with the pole. 3. Ground wire shall be attached to ground rod at service pull box by means of a ground rod clamp. 3.7 PAINT TRAFFIC SIGNAL HARDWARE A. Painting traffic signal equipment shall conform to the provisions of Section 78-4.08 “Painting Electrical Material” of the Standard Specifications, and these Technical Specifications. B. Fronts of traffic signal backplates and inside of visors of traffic signal heads shall be painted lusterless black. 3.8 TRAFFIC SIGNAL SAFETY LIGHTING A. All luminaires will be controlled by a central test switch located within the electrical service cabinet and a master photo cell located on top of one of the traffic signal poles. B. All luminaires shall be wired to a single dedicated circuit breaker within the Type III service cabinet. 3.9 TRAFFIC SIGNAL VEHICULAR HEADS A. Vehicle signals shall be mounted in accordance with the 2023 version of the Caltrans Standard Specifications and Standard Plans. B. After installation, signal lenses must be covered until signal turn-on. C. Bicycle signal heads shall be installed as shown on the plans and as directed by the City engineer. 3.10 PEDESTRIAN SIGNALS AND PUSH BUTTONS A. Pedestrian signals and push buttons shall be mounted in accordance with Caltrans and Americans with Disabilities Act standards. B. All wiring of the pedestrians signal heads and push buttons shall be completed per manufacturer’s instructions. 3.11 PULL BOXES A. Top of pull boxes shall be set flush with surrounding finish grade land in curbed areas shall be set flush with top of curb. B. Once pull box installation is complete, the bottom of all pull boxes shall be completed with concrete. A one- inch diameter PVC pipe shall be provided through the concrete for drainage. C. Where the sump of an existing pull box is disturbed by the Contractor’s operations, the sump shall be reconstructed. D. All steel or cast-iron box covers shall be grounded per Caltrans standard plan ES-8B. E. All pull box covers containing traffic signal conductors shall be marked “TRAFFIC SIGNAL”. F. Markings on concrete covers shall be clearly defined and uniform in depth. G. Markings shall be between 1” and 3” high. Page 232 379 CC 02-04-2025 379 of 985 Steven Creek Boulevard Class IV Bike Lane Phase 2A TECHNICAL SPECIFICATIONS Project No. 2022-15 SECTION 34 41 13 – SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS H. Markings on steel and cast-iron pull box covers shall be applied prior to galvanizing. I. Unless otherwise stated on the Project Plans, pull boxes shall not contain more than one extension. 3.12 CONDUIT A. The Contractor shall contact USA 811, City of Cupertino (fiber optic cables), and other affected utilities 48 hours prior to commencing work to verify and “mark” existing underground utilities. No work is to commence until the services have been marked in the field. Potholing of all will be required prior to directional drilling or rockwheeling. B. The trench will be a minimum of 4” wide and the Contractor should maintain a cover of 18” wherever possible. The trench shall be backfilled with concrete slurry mix and 2” asphalt concrete. For details, refer to attached drawings. No trenching shall be left open at the end of C. any working day. All trench edges shall be cut to a neat smooth line with a “Rock Wheel” device approved by the Engineer. Any trench edges that are uneven or broken during construction shall be removed and saw cut neatly prior to backfilling. D. Trench backfill material shall consist of a 2-sack mix, 2,000 psi, 5” slump slurry, containing 3/8” maximum pea gravel. Trenches adjacent to the lip of gutter are to receive sufficient lampblack to match the color of the existing asphalt street. The asphaltic concrete capping material shall conform to Section 39 of the Caltrans Standard Specifications. In addition, a fog seal shall be applied upon completion of the asphaltic paving. E. Contractor may elect to install conduit by directional drilling with Engineer’s approval. Conduit shall be installed minimum 18 inches below finished grade. Any damage to existing utilities shall be repaired promptly at the Contractor’s expense. F. Directional drilling or excavations in the street shall be performed in such a manner as to prevent unnecessary damage to streets, sidewalks, landscaping and other existing improvements or underground utilities. Restoration of landscaping and replacement of existing improvements shall be at the Contractor’s expense. G. Testing as required for AC and concrete slurry shall be performed to ensure compliance with these Technical Specifications. Inspection and testing shall be performed and conducted at no cost to the City. H. All conduit will be installed in accordance with City of Cupertino standards or by directional boring. I. There shall be no more than 3-90 degree sweeps in any run between pull boxes. J. The minimum radius of bends for 2” conduit shall be 24”. K. The minimum radius of bends for 3” conduit shall be 36”. L. Conduit shall not be mounted on the surface of poles or cabinets except in the case of risers. M. After conductors have been installed, the ends of conduits terminating in controller cabinets and pull boxes shall be sealed with an approved type of sealing compound. N. All empty conduits shall be installed with 3/16” diameter nylon pull rope for future use. 3.13 CONDUCTORS A. Conductors shall be pulled through rigid non-metallic conduit by hand only using nylon or polypropylene pull rope with a minimum tensile strength of 500 pounds. Nylon or polypropylene pull rope shall be installed in all conduits which are to receive future conductors. B. All splices of conductors shall use Type "C" shaped compression connectors and shall be insulated by means of Method "B" as set forth in Section 87-1.03H(2) “Splice Insulation Methods” of the Standard Specifications and these Technical Specifications. C. Splices shall be made in pull boxes, or terminal compartments only. All signal conductors may be spliced, Page 233 380 CC 02-04-2025 380 of 985 Steven Creek Boulevard Class IV Bike Lane Phase 2A TECHNICAL SPECIFICATIONS Project No. 2022-15 SECTION 34 41 13 – SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS in pull boxes, where circuits branch except where duplicate parallel conductors are shown in the conductor schedule. D. Provide at least three (3) feet of slack within each pull box. E. Cables shall be permanently identified as to circuit or phase. Identification shall be placed on each cable in each pull box and near the end of terminated cable. F. When three or more conductors are to be enclosed within a single splice using heat shrink material, mastic shall be placed around each conductor prior to being placed inside the heat shrink material. The mastic shall be the type recommended by the manufacturer of the heat shrink material. G. The detector loop lead-in cable shall not contain splices except where it meets the loop cable at the stub out. H. Unless otherwise specified, splices in traffic signal conductors will be permitted only in pull boxes. 3.14 VIDEO DETECTION – 360-DEGREE VIDEO DETECTION SYSTEM A. The new video detection system shall be installed at the location and in the matter recommend by the video detection system manufacturer. The Contractor shall coordinate with the manufacturer for the location of the video detection camera prior to installation. Contractor shall coordinate with the manufacturer and City engineer for programming of the video detection zones. 3.15 BLANK-OUT SIGNS A. The Contractor shall furnish and install no-right-turn R3-1 blank out sign on the traffic signal poles as indicated on the plans. Blank-out signs shall be mounted such that the distance from the bottom of the sign to the pavement is a minimum of 7 feet and the edge of the sign to the face of curb is a minimum of 30 inches. 3.16 CABINET AND CONTROLLER ASSEMBLY A. Existing traffic signal controller cabinet and controller assemblies shall remain in place. B. The Contractor shall make all field wiring connections to the terminal blocks in the cabinet. The Contractor shall provide all auxiliary equipment and wiring, if needed, above and beyond the cabinet and controller assembly provided by the City, for full and complete operation of the new signal. All wires shall be labeled in the controller cabinet. 3.17 TEST PROCEDURES (PRIOR TO PLACING INTERSECTION IN NORMAL OPERATION) A. FIELD TESTING (to be done after field installation) 1. The Contractor shall not turn on the equipment without prior arrangement made for the participation of the City Engineer. 2. During the field-testing period, prior to turn on of the intersection, and/or when the equipment is turned on for testing, inspection, or final inspection, the contractor shall arrange to have the following present: a. Signal technician(s) qualified to work on the controller, cabinet equipment and wiring. b. The City of Cupertino may require a sheriff’s officer to be present during the turn on sequence. c. The contractor will limit access to the traffic signal cabinet to certified traffic signal electronic technicians or equivalent or certified electricians under the direct supervision of a certified traffic signal electronic technician or equivalent at all times. 3. The contractor shall perform the following tests: a. TIMING Page 234 381 CC 02-04-2025 381 of 985 Steven Creek Boulevard Class IV Bike Lane Phase 2A TECHNICAL SPECIFICATIONS Project No. 2022-15 SECTION 34 41 13 – SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS The traffic signal technician shall verify the timing matches the timing sheet located in the cabinet. b. LOOP DETECTION Contractor shall verify that all loop detectors are working as intended. c. FLASH FIELD INDICATIONS Flash each field indication, to insure proper hookup, in the presence of the City of Cupertino traffic signal technician. d. FAILSAFE Initiate a failsafe action utilizing all possible combinations of conflicting greens with the field indications off at the police panel. e. TURN ON Having passed all of the above tests, the intersection can be turned onto normal operation. f. After turn on, each phase shall be watched for a minimum of 2 cycles of normal operation. g. All pedestrian buttons shall be tested to show proper operations by pressing buttons and watching all indications, including the controller indications. h. AUXILIARY PANEL VEHICLE AND PED SWITCH TEST Put all detector power supplies to off. Initiate a call to all vehicle and pedestrian phases, one at a time, using the switches on the auxiliary panel. Each call should indicate correctly on the controller and the signal indications should follow the controller. Return all detectors and power supplies to normal operation. 3.18 TRENCHING, BACKFILL AND SHORING A. Excavation and backfilling for trenches, foundations and other appurtenance shall conform to the provisions in Section 86-1.03E, “Excavating and Backfilling for Electrical Systems” of the Standard Specifications. B. Depth of trenches for conduit or conductors in areas to be covered by street paving shall be such as to provide thirty (30) inches of cover for conduits or conductors. Trench depth under sidewalks shall be such as to provide eighteen (18) inches of cover over the conduit or conductor to the paving subgrade, or as indicated on the plans. 3.19 CONDUIT JACKING A. Placement of conduit beneath existing pavement and sidewalk may be by jacking methods when approved by the City Engineer. B. Where conduit is to be installed by jacking or drilling longitudinally along the curb line, installation shall conform to the provisions in Section 87-1.03B, “Conduit Installation” of the Standard Specifications and Special Conditions. C. Jacking pits shall be kept two (2) feet clear of the edge of any type of pavement. D. Excessive use of water, such that pavement might be undermined or subgrade softened, will not be permitted. 3.20 BONDING AND GROUNDING A. Bonding and grounding shall conform to the provisions in Section 86-1.02F(2)(c)(ii) "Bonding Jumpers and Equipment Grounding Conductors," section 86-1.02O “Grounding Electrodes” and section 87 “Electrical Systems” of the Standard Specifications, the Special Conditions, the latest issue of the National Electric Code, Section 250-91(c), and to Sections 2395.91(b) and (c)l of the State of California Low Voltage Electrical Safety Orders, Title 8. B. Grounding jumper shall be attached by means provided by pole manufacturer, if possible. If not, contractor Page 235 382 CC 02-04-2025 382 of 985 Steven Creek Boulevard Class IV Bike Lane Phase 2A TECHNICAL SPECIFICATIONS Project No. 2022-15 SECTION 34 41 13 – SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS shall provide a 3/16 inch or larger brass bolt in the standard or pedestal and shall be run through conduit to the ground rod or bonding wire in adjacent pull box. C. Grounding jumper shall be visible after cap has been poured on foundation. 3.21 REMOVING ELECTRICAL EQUIPMENT A. All removed electrical materials shall become the property of the Contractor. The cost of proper disposal of all removed electrical materials shall be included in the lump sum of the work item involved and no addition compensation will be allowed therefore. B. Full compensation for hauling and stockpiling electrical materials shall be considered as included in the contract price paid for the item requiring the material to be salvaged and no additional compensation will be allowed therefore. 3.22 EXCAVATION AND BACKFILLING A. Excavation and backfilling for trenches, foundations and other appurtenance shall conform to the provisions in Section 86-1.03E, “Excavating and Backfilling for Electrical Systems” of the Standard Specifications. 3.23 RESTORATION OF EXISTING IMPROVEMENTS A. Existing pavement or other improvements removed or damaged due to the installation of work items shall be replaced in kind to the satisfaction of the City Engineer, at the Contractor’s expense. B. Existing landscaping, irrigations, or plantings removed, damaged or disturbed due to the work items shall be replaced in kind to the satisfaction of the City Engineer, at the Contractor’s expense. C. All construction areas shall be left in a clean, neat and workmanlike condition. All construction waste, rubbish and debris remaining upon completion of the work shall become the property of the contractor unless otherwise specified herein or noted on the plans and shall be removed from the worksite by contractor and disposed of off-site in a lawful manner to the satisfaction of the City Engineer. 3.24 ACCEPTANCE TEST AND TURN ON A. The work item will not be considered acceptable until it has been energized and visually inspected by the City Engineer. Prior to acceptance testing, all equipment as shown on the Plans shall be installed and operable, including but not limited to, pedestrian signals, pedestrian push buttons, vehicle detectors, lighting, signs, and pavement delineation. B. All louvers, visors, and signal faces shall be directed to provide maximum visibility. C. Contractor shall pay all energy costs until the street light system has successfully passed the acceptance test and initial turn on. D. Switchover of signal systems shall be made between 9 a.m. and 2 p.m., unless specified otherwise. E. Contractor shall notify the City Engineer seven (7) days prior to intended date of signal switchover. City will arrange for presence of the Police Department at the time of signal switchover. F. Signal switchover procedures must be approved by the City Engineer. Contractor shall be responsible for all required traffic control measures required for the switchover, to the satisfaction of the City Engineer. PART 4 - MEASUREMENT AND PAYMENT The contract Lump Sum prices paid for TRAFFIC SIGNAL AND LIGHTING SYSTEM (Stevens Creek Boulevard/Wolfe Road) and TRAFFIC SIGNAL AND LIGHTING SYSTEM (Stevens Creek Boulevard/De Anza Boulevard) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in furnishing and installing the components of the traffic signal and lighting system at the intersections of Stevens Creek Boulevard/Wolfe Road and Stevens Creek Boulevard/De Anza Page 236 383 CC 02-04-2025 383 of 985 Steven Creek Boulevard Class IV Bike Lane Phase 2A TECHNICAL SPECIFICATIONS Project No. 2022-15 SECTION 34 41 13 – SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS Boulevard, including potholing proposed pole foundation at all project intersections and referring to previously prepared pothole report by Exaro, furnishing and installing traffic signal poles on new foundations, proper disposal of all existing equipment and poles, furnishing and installing pull boxes, conduits and conductors, furnishing and installing vehicular and bicycle traffic signal heads, furnishing and installing pedestrian signal heads and push buttons, evaluating utility conflicts, furnishing and installing new safety lighting luminaires, furnishing and installing a video detection system, restoring concrete sidewalk or landscaping, and all other work related to street lighting and traffic signal improvements as shown on the traffic signal plans, complete in places, as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City Engineer. END OF SECTION 34 41 13 Page 237 384 CC 02-04-2025 384 of 985 Questions and Answers 2022-15 Stevens Creek Blvd Class IV Bike Lane Phase 2A Project City of Cupertino Page 1 of 1 Questions and Answer Issued: November 13, 2024 2022-15 Stevens Creek Blvd Class IV Bike Lane Phase 2A Project Bid Opening: December 5, 2024, at 2pm The following questions and answers are for further clarification of the bid documents: 1. Question: If possible, do you happen to have a supplier for the Precast Concrete Blocks? Answer: The City does not have a list of suppliers for the Precast Concrete Blocks. 2. Question: I see that we are submitting our bid electronically on bid day. Is there a way to have a bid opening via phone or video call so the contractors can hear the results after electronic submittal? Answer: The bid opening for this project is set to be in-person only at City Hall. Bid opening will occur shortly after 2pm on December 5, 2024. APPROVED BY: Jason Wong Senior Civil Engineer 385 CC 02-04-2025 385 of 985 Addendum No. 1 2022-15 Stevens Creek Blvd Class IV Bike Lane Phase 2A Project City of Cupertino Page 1 of 3 ADDENDUM NO. 1 Issued: November 20, 2024 To All Holders of the Contract Documents for: 2022-15 Stevens Creek Blvd Class IV Bike Lane Phase 2A Project The following revisions and/or clarifications are hereby made to the said Contract Documents: Plans 1. Sheet G-2: General Note #24 revised to require 1-foot-wide plug and conform pavement instead of original 1.5 feet. Revisions shown in red cloud marked revision 1. Replace sheet with Sheet G-2 revised with ADDENDUM #1 Dated 11/18/2024 approved by JW. 2. Sheet D-1: Keynote #1 revised to require 10 feet wide bus pad instead of original 12 feet wide. Survey stationing for layout of the bus pad has been adjusted to reflect 10 feet wide bus pad. Revisions shown in red cloud marked revision 1. Replace sheet with Sheet D-1 revised with ADDENDUM #1 Dated 11/18/2024 approved by JW. 3. Sheet D-2: Demo plan revised to reflect 10 feet wide bus pad. Clarification note added to indicate removal of full depth of asphalt concrete. Revisions shown in red cloud marked revision 1. Replace sheet with Sheet D-2 revised with ADDENDUM #1 Dated 11/18/2024 approved by JW. 4. Sheet D-4: Keynotes #C1, C2, and C3 removed from the plan sheet. Detail A N. De Anza Blvd Signing/Striping Detail removed from the plan sheet and is no longer part of the scope of work. Revisions shown in red marked revision 1. Replace sheet with Sheet D-4 revised with ADDENDUM #1 Dated 11/18/2024 approved by JW. 5. Sheet D-6: Cross Section Details A, B, and C revised to require 1-foot-wide plug and conform pavement, 10 feet wide bus pad, and corrected discrepancy for 8.5 inch thick concrete bus pad. Detail F “Modified Type I Pedestrian Barricade” revised to 6 feet wide to correct discrepancy. Revisions shown in red cloud marked revision 1. Replace sheet with Sheet D-6 revised with ADDENDUM #1 Dated 11/18/2024 approved by JW. Specifications 6. Page 16 and 17: Bid Schedule has been revised to reflect updated quantities for the revised changes to the plan set. All revisions are shown in red. Bid items 9, 10, 13, 19, 20, 23, 24, 25, 26, 27, 28, and 29 have revised quantities. Bid items 18 and 22 have been deleted. Bid item 33 have been added to account for the Pedestrian Barricade shown on the plans. Replace pages with Page 16 [ADDENDUM 1] and Page 17 [ADDENDUM 1]. 386 CC 02-04-2025 386 of 985 Addendum No. 1 2022-15 Stevens Creek Blvd Class IV Bike Lane Phase 2A Project City of Cupertino Page 2 of 3 7. Page 169: Table of Contents for the Technical Specifications updated to include Pedestrian Barricade shown in red. Replace page with Page 169 [ADDENDUM 1]. 8.Page 174: Subsection C has been revised to require a minimum of two paved traffic lanes, not less than 9.75 feet wide. Replace page with Page 174 [ADDENDUM 1]. 9. Page 193 and 194: Technical Specifications added to account for the Pedestrian Barricade shown in red. Replace pages with Page 193 [ADDENDUM 1] and Page 194 [ADDENDUM 1]. Clarification 10.Under Special Condition 16 VTA Coordination, Contractor will need to apply for a construction access permit with VTA and paid any related permit fees. Informational sheets are enclosed for guidance. 11.Sidewalk removal and replacement are shown on sheet C-1 and C-3, all four corners as indicated at Stevens Creek Blvd and De Anza Blvd and southwest and southeast corners at Stevens Creek Blvd and N. Wolfe Road. Please indicate receipt of this addendum on your Bid Proposal. Failure to do so may render bidders bid non-responsive. ADDENDUM 1 ISSUED BY: _________________________ Jason Wong, P.E. Senior Civil Engineer ADDENDUM 1 APPROVED BY: _________________________ Chad Mosley, P.E. Director of Public Works Enclosed: Plans •Sheet G-2 revised with ADDENDUM #1 Dated 11/18/2024 approved by JW •Sheet D-1 revised with ADDENDUM #1 Dated 11/18/2024 approved by JW •Sheet D-2 revised with ADDENDUM #1 Dated 11/18/2024 approved by JW •Sheet D-4 revised with ADDENDUM #1 Dated 11/18/2024 approved by JW •Sheet D-6 revised with ADDENDUM #1 Dated 11/18/2024 approved by JW Specifications •Page 16 [ADDENDUM 1] •Page 17 [ADDENDUM 1] •Page 169 [ADDENDUM 1] 387 CC 02-04-2025 387 of 985 Addendum No. 1 2022-15 Stevens Creek Blvd Class IV Bike Lane Phase 2A Project City of Cupertino Page 3 of 3 • Page 174 [ADDENDUM 1] • Page 193 [ADDENDUM 1] • Page 194 [ADDENDUM 1] Informational • VTA PCC Bus Pad CAP Process • Construction of PCC Bus Pad 388 CC 02-04-2025 388 of 985 GENERAL NOTES, ABBREVIATIONS & LEGEND ABBREVIATIONS CITY OF CUPERTINO GENERAL NOTES ” ” LEGEND Pakpour Consulting Group, Inc. 6601 Owens Drive, Suite 230 Pleasanton, CA 94588 925.224.7717 Fax 925.224.7726 www.pcgengr.com SHEET OF 17REVISIONS AUGUST 2024 IMPROVEMENT PLANS FOR STEVENS CREEK BOULEVARD CLASS IV BIKEWAY PHASE 2A CALIFORNIAFile: Scale: Proj. Engr: Checked: Drawn: Designed: Date:8/13/2024 WL WL WL APPR.CITY DATEAPPR.DATE DESIGN BY DESIGN SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G ON T H I S P R O J E C T , E X C E P T I N G F O R L I A B I L I T Y A R I S I N G F R O M T H E S O L E N E G L I G E N C E O F T H E O W N E R O R T H E E N G I N E E R . SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K CUPERTINO CITY OF CUPERTINO DE ANZA BOULEVARD TO WOLFE ROAD/MILLER AVENUEKAW/JP 2 G-2WL11/18/24 JW 11/18/24ADDENDUM #11 1 1.0' 389 CC 02-04-2025 389 of 985 X N Pakpour Consulting Group, Inc. 6601 Owens Drive, Suite 230 Pleasanton, CA 94588 925.224.7717 Fax 925.224.7726 www.pcgengr.com SHEET OF 17REVISIONS AUGUST 2024 IMPROVEMENT PLANS FOR STEVENS CREEK BOULEVARD CLASS IV BIKEWAY PHASE 2A CALIFORNIAFile: Scale: Proj. Engr: Checked: Drawn: Designed: Date:8/13/2024 WL WL WL APPR.CITY DATEAPPR.DATE DESIGN BY DESIGN SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G ON T H I S P R O J E C T , E X C E P T I N G F O R L I A B I L I T Y A R I S I N G F R O M T H E S O L E N E G L I G E N C E O F T H E O W N E R O R T H E E N G I N E E R . SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K CUPERTINO CITY OF CUPERTINO DE ANZA BOULEVARD TO WOLFE ROAD/MILLER AVENUEKAW/JP 3 D-1 BUS STOP/BIKE PATH DETAIL IN-LINE BUS STOP/BIKE PATH DETAIL 1" = 10' A BUS STOP TOP OF CURB ALIGNMENT LINE AND CURVE TABLE BUS STOP ISLAND LINE AND CURVE TABLE HORIZONTAL CONTROL PLAN SEE SHEET D-2 FOR BUS STOP/BIKE PATH STRIPING DETAILS WL 11/18/24 JW 11/18/24ADDENDUM #11 1 1 1 1 1 1 10' 55.0' 55.0' 55.0' 55.0' 55.0' 390 CC 02-04-2025 390 of 985 N YI E L D TO PE D S Pakpour Consulting Group, Inc. 6601 Owens Drive, Suite 230 Pleasanton, CA 94588 925.224.7717 Fax 925.224.7726 www.pcgengr.com SHEET OF 17REVISIONS AUGUST 2024 IMPROVEMENT PLANS FOR STEVENS CREEK BOULEVARD CLASS IV BIKEWAY PHASE 2A CALIFORNIAFile: Scale: Proj. Engr: Checked: Drawn: Designed: Date:8/13/2024 WL WL WL APPR.CITY DATEAPPR.DATE DESIGN BY DESIGN SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G ON T H I S P R O J E C T , E X C E P T I N G F O R L I A B I L I T Y A R I S I N G F R O M T H E S O L E N E G L I G E N C E O F T H E O W N E R O R T H E E N G I N E E R . SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K CUPERTINO CITY OF CUPERTINO DE ANZA BOULEVARD TO WOLFE ROAD/MILLER AVENUEKAW/JP 4 D-2 BUS STOP/BIKE PATH DEMO AND STRIPING DETAIL IN-LINE BUS STOP/BIKE PATH DEMO PLAN 1" = 10' C IN-LINE BUS STOP/BIKE PATH SIGNING AND STRIPING DETAIL 1" = 10' B YIELD CONTROL AND YIELD LINE MARKINGS 1" = 10' A WL 11/18/24 JW 11/18/24ADDENDUM #11 1 10' 10'1 REMOVE (E) FULL DEPTH AC. IF AC DEPTH IS <8.5", REMOVE AB TO PERMIT CONSTRUCTION OF 8.5" THICK CONC BUS PAD (AC DEPTH UNKNOWN) 1 391 CC 02-04-2025 391 of 985 N N Pakpour Consulting Group, Inc. 6601 Owens Drive, Suite 230 Pleasanton, CA 94588 925.224.7717 Fax 925.224.7726 www.pcgengr.com SHEET OF 17REVISIONS AUGUST 2024 IMPROVEMENT PLANS FOR STEVENS CREEK BOULEVARD CLASS IV BIKEWAY PHASE 2A CALIFORNIAFile: Scale: Proj. Engr: Checked: Drawn: Designed: Date:8/13/2024 WL WL WL APPR.CITY DATEAPPR.DATE DESIGN BY DESIGN SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G ON T H I S P R O J E C T , E X C E P T I N G F O R L I A B I L I T Y A R I S I N G F R O M T H E S O L E N E G L I G E N C E O F T H E O W N E R O R T H E E N G I N E E R . SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K CUPERTINO CITY OF CUPERTINO DE ANZA BOULEVARD TO WOLFE ROAD/MILLER AVENUEKAW/JP 6 D-4 N. DE ANZA BLVD SIGNING/STRIPING DETAIL N. DE ANZA BLVD SIGNING/STRIPING DETAIL 1" = 20' A MILLER AVENUE SIGNING/STRIPING DETAIL 1" = 20' B DETAIL 37B NTS C DETAIL 38 NTS D DETAIL 39 AND 39A NTS E CONTINENTAL CROSSWALK NTS F TWO-STAGE LEFT -TURN BOX NTS G WL 11/18/24 JW 11/18/24ADDENDUM #11 1 REMOVED FROM SCOPE 1 REMOVED FROM SCOPE 392 CC 02-04-2025 392 of 985 6" DIA. 6" DIA. Pakpour Consulting Group, Inc. 6601 Owens Drive, Suite 230 Pleasanton, CA 94588 925.224.7717 Fax 925.224.7726 www.pcgengr.com SHEET OF 17REVISIONS AUGUST 2024 IMPROVEMENT PLANS FOR STEVENS CREEK BOULEVARD CLASS IV BIKEWAY PHASE 2A CALIFORNIAFile: Scale: Proj. Engr: Checked: Drawn: Designed: Date:8/13/2024 WL WL WL APPR.CITY DATEAPPR.DATE DESIGN BY DESIGN SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G ON T H I S P R O J E C T , E X C E P T I N G F O R L I A B I L I T Y A R I S I N G F R O M T H E S O L E N E G L I G E N C E O F T H E O W N E R O R T H E E N G I N E E R . SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K CUPERTINO CITY OF CUPERTINO DE ANZA BOULEVARD TO WOLFE ROAD/MILLER AVENUEKAW/JP 8 D-6 BUS STOP/BIKE PATH CROSS SECTIONS A-A CROSS SECTION STA 13+80 TO 14+60 AND STA 14+90 TO STA 15+81 INLINE BUS STOP/BIKE PATH N.T.S. B-B CROSS SECTION STA 14+70 TO STA 14+80 INLINE BUS STOP/BIKE PATH N.T.S. C-C CROSS SECTION STA 14+60 TO STA 14+70 AND STA 14+80 TO 14+90 INLINE BUS STOP/BIKE PATH N.T.S. A B C BUS PAD CONTRACTION JOINT EBUS PAD EXPANSION JOINT D MODIFIED TYPE I PEDESTRIAN BARRICADE F TRENCH DRAIN FRAME AND GRATE G WL 11/18/24 JW 11/18/24ADDENDUM #11 1 1 1 11 11 1 6'-0" 1.0' 1.0' 1.0' 10.0' 8.5" 10.0' 10.0' 1 8.5" 8.5"1 393 CC 02-04-2025 393 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A BID SCHEDULE CIP Project #2022-15 Page 16 [ADDENDUM 1] Bid Schedule This Bid Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be provided for each Bid Item as indicated. Items marked “(SW)” are Specialty Work that must be performed by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the “Extended Total Amount” column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form. AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs) BID ITEM NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT COST EXTENDED TOTAL AMOUNT 1 Mobilization 1 LS $ $ 2 Traffic Control 1 LS $ $ 3 Temporary Water Pollution Control 1 LS $ $ 4 Field Engineering and Survey Work 1 LS $ $ 5 Remove Asphalt Concrete 1,900 SF $ $ 6 Remove Concrete (Curb and Gutter) 210 LF $ $ 7 Remove Concrete (Bus pad) 2,100 SF $ $ 8 Remove Concrete (Sidewalk) 710 SF $ $ 9 Hot Mix Asphalt (Type A) 30 21 TONS $ $ 10 Concrete Bus Pad 660 550 SF $ $ 11 Concrete Curb 515 LF $ $ 12 Concrete Bike Path 1,680 SF $ $ 13 Concrete Sidewalk/Pedestrian Platform 2,115 1620 SF $ $ 14 Truncated Domes 330 SF $ $ 15 Trench Drain Frame and Grate 1 LS $ $ 16 Precast Concrete Block (8' long) 333 EA $ $ 17 Precast Concrete End Block (8' long) 77 EA $ $ 18 4" White Buffer Stripe 40 0 LF $N/A $N/A 19 12" White Thermoplastic Traffic Stripe 170 120 LF $ $ 20 24" White Thermoplastic Traffic Stripe 700 590 LF $ $ 21 Remove (E) Pavement Marking/Striping 1 LS $ $ 22 Detail 37B 120 0 LF $N/A $N/A 23 Detail 38 300 120 LF $ $ 24 Detail 39 3,200 2800 LF $ $ 394 CC 02-04-2025 394 of 985 Stevens Creek Boulevard Class IV Bikeway Phase 2A BID SCHEDULE CIP Project #2022-15 Page 17 [ADDENDUM 1] BID ITEM NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT COST EXTENDED TOTAL AMOUNT 25 Detail 39A 2,800 2700 LF $ $ 26 Pavement Markings 850 720 SF $ $ 27 Green Pavement Markings 12,320 11,000 SF $ $ 28 Furnish and Install Sign on New Pole 8 6 EA $ $ 29 Furnish and Install Sign on Existing Pole 5 4 EA $ $ 30 Furnish and Install Flexible Post 3 EA $ $ 31 Traffic Signal and Lighting System (Stevens Creek Boulevard/Wolfe Road) 1 LS $ $ 32 Traffic Signal and Lighting System (Stevens Creek Boulevard/De Anza Boulevard) 1 LS $ $ 33 Furnish and Install Type I Pedestrian Barricade 19 EA $ $ TOTAL $ TOTAL BASE BID: Items 1 through 32 33 inclusive: $_____________________________________ Note: The amount entered as the “Total Base Bid” should be identical to the Base Bid amount entered in Section 1 of the Bid Proposal form. BIDDER NAME: ________________________________________________________________ END OF BID SCHEDULE 395 CC 02-04-2025 395 of 985 TABLE OF CONTENTS Page 169 [ADDENDUM 1] TABLE OF CONTENTS TECHNICAL SPECIFICATIONS SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS SECTION 01 55 26 TRAFFIC CONTROL REQUIREMENTS SECTION 01 56 39 TREE AND LANDSCAPE PROTECTION SECTION 01 57 23 TEMPORARY WATER POLLUTION CONTROL SECTION 01 71 13 MOBILIZATION SECTION 01 71 23 FIELD ENGINEERING AND SURVEY WORK SECTION 01 71 33 PROTECTION OF ADJACENT CONSTRUCTION AND UTILITIES SECTION 02 41 19 SELECTIVE DEMOLITION SECTION 03 40 00 PRECAST CONCRETE BLOCKS SECTION 10 14 53 SIGNAGE AND PEDESTRIAN BARRICADES SECTION 31 10 00 SITE CLEARING SECTION 31 20 00 EARTHWORK SECTION 32 11 23 AGGREGATE BASE SECTION 32 12 16 ASPHALT PAVING SECTION 32 16 00 CONCRETE CURBS, CURB AND GUTTERS, BIKE PATHS, AND SIDEWALKS SECTION 32 16 43 CONCRETE BUS PAD SECTION 32 17 23 PAVEMENT STRIPES AND MARKINGS SECTION 33 05 61 ADJUSTING MANHOLES AND STRUCTURES SECTION 33 41 00 TRENCH DRAIN FRAME AND GRATE SECTION 34 41 13 SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS 396 CC 02-04-2025 396 of 985 SECTION 01 55 26 – TRAFFIC CONTROL REQUIREMENTS Page 174 [ADDENDUM 1] 1. Traffic control plans must include a schedule of construction showing each phase of work and the anticipated method of handling traffic for each phase. Traffic control plans must include a scale drawing of the street, lane configuration, parking, sidewalk, work area, and the location of signs and cones, etc., to warn, direct, and guide traffic. For major intersections, the traffic control plan must reflect actual (not typical) intersection layout and show islands, medians, lane lines, bike lanes, nearby driveways, and pavement and lane widths. 2. Except as described in Part 3, traffic control system must maintain all vehicular, pedestrian, and bike movements. Total closure of Stevens Creek Boulevard will not be allowed. City may authorize temporary closure of local residential streets. Maintain local and emergency access. 3. If work will impact transit stops or transit routes, contact VTA or other affected transit companies to address relocation of facilities or rerouting of buses prior to submitting traffic control plan. Traffic control plan must indicate what actions are being taken with regard to transit services. 4. Show haul route on traffic control plans. C. A minimum of two paved traffic lanes, not less than 11 9.75 feet wide along Stevens Creek Boulevard in both directions shall be open for use by public traffic at all times. All lane closures must be reviewed and approved by the City in accordance with the Special Conditions. D. The Contractor's employees are subject to all parking regulations in effect in the City of Cupertino. E. Place barricades 50 feet on center at the gutter joints and provide one working flasher for each barricade. Ensure that each flasher remains in working condition. Do not remove the barricades in the street at any given location until the asphalt concrete patching adjacent to the gutter and/or gutter overlay has been done and the hazard to bicyclists and motorists no longer exist. F. Maintain access to driveways except when performing construction within the driveway boundaries, at which time partial access must be maintained unless alternate arrangements can be made with the property owners or tenants in advance. If the driveway to any garage or parking area must be closed for construction work, obtain written approval from the property owners and the City. Post notice 72 hours in advance stating the approximate time the driveway will be closed and reopened. G. Haul routes must comply with City of Cupertino Municipal Code Chapter 11.32, “Truck Traffic Routes.” H. Obtain a Transportation permit from the Public Works Department for vehicles exceeding the weight or dimensions prescribed in the California Vehicle Code. I. Provide a certified professional traffic control crew that is independent from the construction activity. This traffic control crew shall be responsible to the Contractor for implementing the traffic control measures detailed in this Contract. The crew is subject to the approval of the City. J. Place signs in positions where they convey their message most effectively or as shown on the approved traffic control plan. K. Provide Type II and III barricades with working flashers. At least one working flashing light must be installed on each barricade for night work. Flashing lights must be maintained in good working order for the duration of the work. Crosswalk closing barricades shall be Type II with a 6-inch reflective orange border at the base. L. Temporary construction signs that are attached to existing poles shall not damage poles when they are attached or removed. Hardware used for attaching signs to existing poles shall be completely removed from the poles when the signs are removed. If a construction sign is required in an area where it cannot be attached to an existing pole, it shall be attached to a 4” x 4” wood post. The distance from the ground surface to the bottom of the sign shall be seven (7) feet. M. Trench plates in the vehicle or bicycle travel way shall be recessed and flush with the existing ground. When multiple trench plates are used, they shall be tack welded together at the end of each day. N. Place customized “Trench Plates Ahead” on a working lighted barricade (Caltrans Type II) at each direction of traffic. Sand bags shall be used at each barricade to provide stability. The existing wind conditions and weather will determine the number of sand bags to be used. 397 CC 02-04-2025 397 of 985 SECTION 10 14 53 – SIGNAGE AND PEDESTRIAN BARRICADES Page 193 [ADDENDUM 1] SECTION 10 14 53 SIGNAGE AND PEDESTRIAN BARRICADES PART 1 - GENERAL 1.1 WORK INCLUDES A. Furnishing and installing new sign on new pole B. Furnishing and installing new sign on existing pole C. Furnishing and installing flexible post D. Furnishing and installing modified Type I pedestrian barricades 1.2 REFERENCES A. State of California, Department of Transportation (Caltrans), 2023 Standard Plans, (Caltrans Standard Plans) B. State of California, Department of Transportation (Caltrans), 2023 Standard Specifications (“Caltrans Standard Specifications”). C. 2023 California Manual on Uniform Traffic Control Devices (MUTCD), latest revision. 1.3 SUBMITTALS A. Certificate of compliance for: 1. Aluminum sheeting 2. Retroreflective sheeting 3. Screened-process colors 4. Non-reflective, opaque, black film 5. Galvanized standard pipe PART 2 - PRODUCTS A. Sign panels must be aluminum and must conform to the requirements in Caltrans Standard Specifications, Section 82. B. Roadside sign posts must be 1-3/4” 14-gauge galvanized steel perforated square Unistrut Corp. part no. 16D12 (1-3/4” x 1-3/4”) or approved equal. Galvanized finish must conform to ASTM A525 G90 coating. C. Sign post brackets must be ASTM A653 12-gauge steel sizes as shown. Galvanized finish must conform to ASTM A525 G90 coating. D. Material for pedestrian barricades must comply with ASTM A53/A53M or ASTM A500/A500M and comply with Section 56-3 of the Caltrans Standard Specifications. Steel pipe must be hot dip galvanized after manufacturing. PART 3 - EXECUTION 3.1 SIGNAGE A. Install roadside sign as shown in City Standard Detail 2-20. B. For installation requirements not shown in City detail, comply with section 82 of the Caltrans Standard Specifications. C. Install pedestrian barricades per project plans and with steel sleeve post per ES-7Q of the Caltrans Standard Plans, and section 56-3 of the Caltrans Standard Specifications. 398 CC 02-04-2025 398 of 985 SECTION 10 14 53 – SIGNAGE AND PEDESTRIAN BARRICADES Page 194 [ADDENDUM 1] PART 4 - MEASUREMENT AND PAYMENT 4.1 MEASUREMENT A. Furnish and Install Sign on New Pole will be measured for pay per each sign post with attached panels installed. A sign post with multiple panels is counted for pay as one unit. B. Furnish and Install Sign on Existing Pole will be measured for pay per each sign post with attached panels installed. C. Furnish and Install Flexible Post will be measured for pay per each flexible post installed. D. Furnish and Install Type I Pedestrian Barricade will be measured for pay per each pedestrian barricade installed. 4.2 PAYMENT A. The unit price paid per each for Furnish and Install Sign on New Pole shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work associated with installing new roadside signs, including removing posts, mounting hardware, and foundations, complete and in place, as shown on the plans, as specified in these specifications, and as directed by the City. B. The unit price paid per each for Furnish and Install Sign on Existing Pole shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work associated with installing new roadside signs, mounting hardware, complete and in place, as shown on the plans, as specified in these specifications, and as directed by the City. C. The unit price paid per each for Furnish and Install Flexible Post shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work associated with installing new object marker, including furnishing the flexible posts, mounting hardware, and installing onto pavement complete and in place, as shown on the plans, as specified in these specifications, and as directed by the City. D. The unit price paid per each for Furnish and Install Modified Type I Pedestrian Barricade shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work associated with installing new pedestrian barricades, including furnishing the steel pipes, mounting hardware, and installing into the new pedestrian platform complete and in place, as shown on the plans, as specified in these specifications, and as directed by the City. END OF SECTION 10 14 53 399 CC 02-04-2025 399 of 985 Designer/Contractor submits Design Drawing/Construction Plan Https://santaclaravta.viewpointcloud.com VTA Review & Approve Drawing (7-14 days process) VTA Review & Approve Drawing (7-14 days process) Designer revised plans and resubmit to VTA for review Contractor contact for Bus Stop Relocation Bus.Stop@vta.org Contractor contact VTA to schedule inspection (408) 464-7894 Construct Bus Bad VTA Review & Approve VTA Review & request changes Contractor revised and resubmit to VTA for review Contractor to provide VTA Compaction Reports for Native & A/B, and Concrete Break (10 & 28 days) Constrcution & Punchlist Completion (if any) NOTE: See Construction of PCC Bus Stop Process VTA PCC Bus Pad CAP Process Designer/Contractor contacts VTA Permit Department (408) 321-5856 Permits@vta.org VTA Inspector provide Completion Letter and Notice of Inspection Contractor contacts VTA and submit specific Traffic Control Plan, Concrete Mix Design with fibermesh per VTA specs (report from within a year), and estimate schedule 400 CC 02-04-2025 400 of 985 Demo, Excavation, Grading, and Native Soil Compaction Contractor to contact VTA Operation 14 days in advance for Bus Stop Relocation Bus.Stop@vta.org Contractor to contact VTA 48 hours in advance to schedule inspection (408) 464-7894 Contractor/Lab provide VTA Compaction Reports for Native & A/B, and Concrete Break (10 & 28 days) Punchlist Completion (if any) Construction of PCC Bus Pad Lab perform Compaction Test of Native Soil 95% Lab perform Compaction Test of A/B 95% Contractor install forms, dowels, and expansion material Concrete placement, finishing, and curing (while Lab Cast Beams) Contractor provide A/B Spread & Compact Contractor perform joint saw cut within 24 hours Seal Contraction and Expansion Joints (Bus pad shall be closed for 24 hours after completion) Lab perform Concrete Break (550 PSI requirement and break within 3-10 days) If result is 550PSI or higher If less, break other beam VTA will give Contractor permission to open Bus Stop for traffic Construction Access Permit issued through https://santaclaravta.viewpoincloud.com VTA Inspector provide Completion Letter and Notice of Inspection 401 CC 02-04-2025 401 of 985 Addendum No. 2 2022-15 Stevens Creek Blvd Class IV Bike Lane Phase 2A Project City of Cupertino Page 1 of 1 ADDENDUM NO. 2 Issued: November 26, 2024 To All Holders of the Contract Documents for: 2022-15 Stevens Creek Blvd Class IV Bike Lane Phase 2A Project The following revisions and/or clarifications are hereby made to the said Contract Documents: Contract Documents 1.As noted in the “Notice Inviting Bids,” this project is subject to both State and Federal prevailing wage requirements. In accordance with the Federal 10-day rule, the latest Federal wage determination dated October 18, 2024, enclosed as Exhibit B, will be inserted as part of the contract document. This project is subject to both State and Federal prevailing wage rates and when the two rates differ for similar kinds of labor, the Contractor and all subcontractors shall not pay less than the higher rate. Please indicate receipt of this addendum on your Bid Proposal. Failure to do so may render bidders bid non-responsive. ADDENDUM 2 ISSUED BY: _________________________ Jason Wong, P.E. Senior Civil Engineer ADDENDUM 2 APPROVED BY: _________________________ Chad Mosley, P.E. Director of Public Works Enclosed: Contract Document •Exhibit B – Federal Wage Determination 402 CC 02-04-2025 402 of 985 "General Decision Number: CA20240018 10/18/2024 Superseded General Decision Number: CA20230018 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway Counties: Alameda, Calaveras, Contra Costa, Fresno, Kings, Madera, Mariposa, Merced, Monterey, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Stanislaus and Tuolumne Counties in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). ______________________________________________________________ |If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $17.20 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2024. | |______________________________|_____________________________| |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $12.90 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| Exhibit B - Federal Wage Determination 403 CC 02-04-2025 403 of 985 | | if it is higher) for all | | | hours spent performing on | | | that contract in 2024. | |______________________________|_____________________________| The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2024 1 01/12/2024 2 01/19/2024 3 01/26/2024 4 02/09/2024 5 02/16/2024 6 02/23/2024 7 03/01/2024 8 03/08/2024 9 03/15/2024 10 04/12/2024 11 04/26/2024 12 05/24/2024 13 07/05/2024 14 07/12/2024 15 07/19/2024 16 07/26/2024 17 08/09/2024 18 08/23/2024 19 09/06/2024 20 09/13/2024 21 09/20/2024 22 10/18/2024 * ASBE0016-004 05/01/2024 AREA 1: CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS & TOULMNE COUNTIES AREA 2: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA CLARA COUNTIES 404 CC 02-04-2025 404 of 985 Rates Fringes Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not) Area 1......................$ 34.56 11.40 Area 2......................$ 36.53 9.27 ---------------------------------------------------------------- ASBE0016-008 01/01/2024 AREA 1: ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA, & SANTA CRUZ AREA 2: CALAVERAS, COLUSA, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS, & TUOLUMNE Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, Protective Coverings, Coatings, and Finishes to all types of mechanical systems) Area 1......................$ 84.76 25.07 Area 2......................$ 64.56 25.07 ---------------------------------------------------------------- BOIL0549-001 01/01/2021 AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA CLARA COUNTIES AREA 2: REMAINING COUNTIES Rates Fringes BOILERMAKER Area 1......................$ 49.62 41.27 Area 2......................$ 45.60 38.99 ---------------------------------------------------------------- BRCA0003-001 08/01/2023 Rates Fringes 405 CC 02-04-2025 405 of 985 MARBLE FINISHER..................$ 41.18 18.58 ---------------------------------------------------------------- BRCA0003-003 08/01/2023 Rates Fringes MARBLE MASON.....................$ 60.20 28.82 ---------------------------------------------------------------- BRCA0003-005 05/01/2024 Rates Fringes BRICKLAYER ( 1) Fresno, Kings, Madera, Mariposa, Merced....$ 51.17 25.80 ( 7) San Francisco, San Mateo.......................$ 57.02 28.50 ( 8) Alameda, Contra Costa, San Benito, Santa Clara.......................$ 56.94 26.28 ( 9) Calaveras, San Joaquin, Stanislaus, Toulumne....................$ 52.76 25.01 (16) Monterey, Santa Cruz...$ 54.18 27.82 ---------------------------------------------------------------- BRCA0003-008 07/01/2023 Rates Fringes TERRAZZO FINISHER................$ 43.90 19.51 TERRAZZO WORKER/SETTER...........$ 59.06 28.31 ---------------------------------------------------------------- BRCA0003-011 04/01/2024 AREA 1: Alameda, Contra Costa, Monterey, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz AREA 2: Calaveras, San Joaquin, Stanislaus, Tuolumne AREA 3: Fresno, Kings, Madera, Mariposa, Merced Rates Fringes TILE FINISHER Area 1......................$ 37.75 19.28 Area 2......................$ 34.76 19.22 Area 3......................$ 32.68 18.32 Tile Layer Area 1......................$ 59.92 22.62 Area 2......................$ 55.17 22.52 406 CC 02-04-2025 406 of 985 Area 3......................$ 50.28 22.05 ---------------------------------------------------------------- CARP0022-001 07/01/2023 San Francisco County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 60.39 33.52 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 60.54 33.52 Journeyman Carpenter........$ 60.39 33.52 Millwright..................$ 60.49 35.11 ---------------------------------------------------------------- CARP0034-001 07/01/2021 Rates Fringes Diver Assistant Tender, ROV Tender/Technician...........$ 54.10 34.69 Diver standby...............$ 60.51 34.69 Diver Tender................$ 59.51 34.69 Diver wet...................$ 103.62 34.69 Manifold Operator (mixed gas)........................$ 64.51 34.69 Manifold Operator (Standby).$ 59.51 34.69 DEPTH PAY (Surface Diving): 050 to 100 ft $2.00 per foot 101 to 150 ft $3.00 per foot 151 to 220 ft $4.00 per foot 221 ft.-deeper $5.00 per foot SATURATION DIVING: The standby rate shall apply until saturation starts. The saturation diving rate applies when divers are under pressure continuously until work task and decompression are complete. The diver rate shall be paid for all saturation hours. DIVING IN ENCLOSURES: Where it is necessary for Divers to enter pipes or tunnels, or other enclosures where there is no vertical ascent, the following premium shall be paid: Distance traveled from entrance 26 feet to 300 feet: $1.00 per foot. When it is necessary for a diver to enter any pipe, tunnel or other 407 CC 02-04-2025 407 of 985 enclosure less than 48"" in height, the premium will be $1.00 per foot. WORK IN COMBINATION OF CLASSIFICATIONS: Employees working in any combination of classifications within the diving crew (except dive supervisor) in a shift are paid in the classification with the highest rate for that shift. ---------------------------------------------------------------- CARP0034-003 07/01/2021 Rates Fringes Piledriver.......................$ 54.10 34.69 ---------------------------------------------------------------- CARP0035-007 07/01/2020 AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa Clara counties AREA 2: Monterey, San Benito, Santa Cruz Counties AREA 3: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, San Joaquin, Stanislaus, Tuolumne Counties Rates Fringes Modular Furniture Installer Area 1 Installer..................$ 28.76 22.53 Lead Installer.............$ 32.21 23.03 Master Installer...........$ 36.43 23.03 Area 2 Installer..................$ 26.11 22.53 Lead Installer.............$ 29.08 23.03 Master Installer...........$ 32.71 23.03 Area 3 Installer..................$ 25.16 22.53 Lead Installer.............$ 27.96 23.03 Master Installer...........$ 31.38 23.03 ---------------------------------------------------------------- CARP0035-008 08/01/2020 AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa Clara counties AREA 2: Monterey, San Benito, Santa Cruz Counties AREA 3: San Joaquin 408 CC 02-04-2025 408 of 985 AREA 4: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, Stanislaus, Tuolumne Counties Rates Fringes Drywall Installers/Lathers: Area 1......................$ 52.65 31.26 Area 2......................$ 46.77 31.26 Area 3......................$ 47.27 31.26 Area 4......................$ 45.92 31.26 Drywall Stocker/Scrapper Area 1......................$ 26.33 18.22 Area 2......................$ 23.39 18.22 Area 3......................$ 23.64 18.22 Area 4......................$ 22.97 18.22 ---------------------------------------------------------------- CARP0152-001 07/01/2020 Contra Costa County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 52.65 30.82 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 52.80 30.82 Journeyman Carpenter........$ 52.65 30.82 Millwright..................$ 52.75 32.41 ---------------------------------------------------------------- CARP0152-002 07/01/2020 San Joaquin County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 52.65 30.82 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 46.92 30.82 Journeyman Carpenter........$ 46.77 30.82 Millwright..................$ 49.27 32.41 ---------------------------------------------------------------- CARP0152-004 07/01/2020 409 CC 02-04-2025 409 of 985 Calaveras, Mariposa, Merced, Stanislaus and Tuolumne Counties Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 52.65 30.82 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 45.57 30.82 Journeyman Carpenter........$ 45.42 30.82 Millwright..................$ 47.92 32.41 ---------------------------------------------------------------- CARP0217-001 07/01/2023 San Mateo County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 60.39 33.52 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 60.54 33.52 Journeyman Carpenter........$ 60.39 33.52 Millwright..................$ 60.49 35.11 ---------------------------------------------------------------- CARP0405-001 07/01/2021 Santa Clara County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 54.85 31.49 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 55.00 31.49 Journeyman Carpenter........$ 54.85 31.49 Millwright..................$ 54.95 33.08 ---------------------------------------------------------------- CARP0405-002 07/01/2021 410 CC 02-04-2025 410 of 985 San Benito County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 54.85 31.49 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 49.12 31.49 Journeyman Carpenter........$ 48.97 31.49 Millwright..................$ 51.47 33.08 ---------------------------------------------------------------- CARP0505-001 07/01/2021 Santa Cruz County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 54.85 31.49 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 49.12 31.49 Journeyman Carpenter........$ 48.97 31.49 Millwright..................$ 51.47 33.08 ---------------------------------------------------------------- CARP0605-001 07/01/2021 Monterey County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 54.85 31.49 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 49.12 31.49 Journeyman Carpenter........$ 48.97 31.49 Millwright..................$ 51.47 33.08 ---------------------------------------------------------------- CARP0701-001 07/01/2021 Fresno and Madera Counties 411 CC 02-04-2025 411 of 985 Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 54.85 31.49 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 47.77 31.49 Journeyman Carpenter........$ 47.62 31.49 Millwright..................$ 50.12 33.08 ---------------------------------------------------------------- CARP0713-001 07/01/2021 Alameda County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 54.85 31.49 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 55.00 31.49 Journeyman Carpenter........$ 54.85 31.49 Millwright..................$ 54.95 33.08 ---------------------------------------------------------------- CARP1109-001 07/01/2021 Kings County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 54.85 31.49 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 47.77 31.49 Journeyman Carpenter........$ 47.62 31.49 Millwright..................$ 50.12 33.08 ---------------------------------------------------------------- ELEC0006-004 11/01/2023 SAN FRANCISCO COUNTY 412 CC 02-04-2025 412 of 985 Rates Fringes Sound & Communications Installer...................$ 51.68 3%+24.65 Technician..................$ 59.43 3%+24.65 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC0006-007 06/01/2024 SAN FRANCISCO COUNTY Rates Fringes ELECTRICIAN......................$ 91.25 3%+45.315 ---------------------------------------------------------------- ELEC0100-002 06/01/2024 FRESNO, KINGS, AND MADERA COUNTIES Rates Fringes ELECTRICIAN......................$ 45.00 29.15 ---------------------------------------------------------------- ELEC0100-005 12/01/2023 FRESNO, KINGS, MADERA Rates Fringes Communications System 413 CC 02-04-2025 413 of 985 Installer...................$ 42.48 27.42 Technician..................$ 48.85 27.42 SCOPE OF WORK Includes the installation testing, service and maintenance, of the following systems which utilize the transmission and/or transference of voice, sound, vision and digital for commercial, education, security and entertainment purposes for the following: TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms, and low voltage master clock systems. A. SOUND AND VOICE TRANSMISSION/TRANSFERENCE SYSTEMS Background foreground music, Intercom and telephone interconnect systems, Telephone systems Nurse call systems, Radio page systems, School intercom and sound systems, Burglar alarm systems, Low voltage, master clock systems, Multi-media/multiplex systems, Sound and musical entertainment systems, RF systems, Antennas and Wave Guide, B. FIRE ALARM SYSTEMS Installation, wire pulling and testing C. TELEVISION AND VIDEO SYSTEMS Television monitoring and surveillance systems Video security systems, Video entertainment systems, Video educational systems, Microwave transmission systems, CATV and CCTV D. SECURITY SYSTEMS Perimeter security systems Vibration sensor systems Card access systems Access control systems, Sonar/infrared monitoring equipment E. COMMUNICATIONS SYSTEMS THAT TRANSMIT OR RECEIVE INFORMATION AND/OR CONTROL SYSTEMS THAT ARE INTRINSIC TO THE ABOVE LISTED SYSTEMS SCADA (Supervisory Control and Data Acquisition) PCM (Pulse Code Modulation) Inventory Control Systems, Digital Data Systems Broadband and Baseband and Carriers Point of Sale Systems, VSAT Data Systems Data Communication Systems RF and Remote Control Systems, Fiber Optic Data Systems WORK EXCLUDED Raceway systems are not covered (excluding Ladder-Rack for the purpose of the above listed systems). Chases and/or nipples (not to exceed 10 feet) may be installed on open wiring systems. Energy management systems. SCADA (Supervisory Control and Data Acquisition) when not intrinsic to the above listed systems (in the scope). Fire alarm systems when installed in raceways (including wire and cable pulling) shall be performed at the electrician wage rate, when either of the following two 414 CC 02-04-2025 414 of 985 (2) conditions apply: 1. The project involves new or major remodel building trades construction. 2. The conductors for the fire alarm system are installed in conduit. ---------------------------------------------------------------- ELEC0234-001 12/25/2023 MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES Rates Fringes ELECTRICIAN Zone A......................$ 65.16 29.55 Zone B......................$ 71.68 29.75 Zone A: All of Santa Cruz, Monterey, and San Benito Counties within 25 air miles of Highway 1 and Dolan Road in Moss Landing, and an area extending 5 miles east and west of Highway 101 South to the San Luis Obispo County Line Zone B: Any area outside of Zone A ---------------------------------------------------------------- ELEC0234-003 12/01/2021 MONTEREY, SAN BENITO, AND SANTA CRUZ COUNTIES Rates Fringes Sound & Communications Installer...................$ 47.93 24.09 Technician..................$ 55.12 24.30 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which 415 CC 02-04-2025 415 of 985 involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC0302-001 02/27/2023 CONTRA COSTA COUNTY Rates Fringes CABLE SPLICER....................$ 68.92 32.67 ELECTRICIAN......................$ 61.26 32.44 ---------------------------------------------------------------- ELEC0302-003 12/01/2023 CONTRA COSTA COUNTY Rates Fringes Sound & Communications Installer...................$ 48.44 27.60 Technician..................$ 55.71 27.82 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC0332-001 06/01/2024 SANTA CLARA COUNTY 416 CC 02-04-2025 416 of 985 Rates Fringes CABLE SPLICER....................$ 100.25 46.72 ELECTRICIAN......................$ 87.17 46.33 FOOTNOTES: Work under compressed air or where gas masks are required, orwork on ladders, scaffolds, stacks, ""Bosun's chairs,"" or other structures and where the workers are not protected by permanent guard rails at a distance of 40 to 60 ft. from the ground or supporting structures: to be paid one and one-half times the straight-time rate of pay. Work on structures of 60 ft. or over (as described above): to be paid twice the straight-time rate of pay. ---------------------------------------------------------------- ELEC0332-003 12/01/2023 SANTA CLARA COUNTY Rates Fringes Sound & Communications Installer...................$ 53.18 27.745 Technician..................$ 61.16 27.985 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC0595-001 06/01/2024 ALAMEDA COUNTY 417 CC 02-04-2025 417 of 985 Rates Fringes CABLE SPLICER....................$ 84.18 3%+44.68 ELECTRICIAN......................$ 73.20 3%+44.68 ---------------------------------------------------------------- ELEC0595-002 06/01/2024 CALAVERAS AND SAN JOAQUIN COUNTIES Rates Fringes CABLE SPLICER....................$ 59.34 3%+30.48 ELECTRICIAN (1) Tunnel work.............$ 51.92 3%+30.48 (2) All other work.........$ 49.45 3%+30.48 ---------------------------------------------------------------- ELEC0595-006 11/01/2023 ALAMEDA COUNTY Rates Fringes Sound & Communications Installer...................$ 51.18 3%+24.15 Technician..................$ 58.86 3%+24.15 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC0595-008 11/01/2023 CALAVERAS AND SAN JOAQUIN COUNTIES 418 CC 02-04-2025 418 of 985 Rates Fringes Communications System Installer...................$ 40.88 3%+24.15 Technician..................$ 47.01 3%+24.15 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC0617-001 06/01/2024 SAN MATEO COUNTY Rates Fringes ELECTRICIAN......................$ 82.00 48.05 ---------------------------------------------------------------- ELEC0617-003 12/01/2023 SAN MATEO COUNTY Rates Fringes Sound & Communications Installer...................$ 53.18 27.75 Technician..................$ 61.16 27.98 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of 419 CC 02-04-2025 419 of 985 terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC0684-001 06/01/2024 MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES Rates Fringes ELECTRICIAN......................$ 47.50 29.36 CABLE SPLICER = 110% of Journeyman Electrician ---------------------------------------------------------------- ELEC0684-004 12/01/2023 MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES Rates Fringes Communications System Installer...................$ 42.48 27.42 Technician..................$ 48.85 27.62 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); 420 CC 02-04-2025 420 of 985 excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC1245-001 06/01/2024 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer..$ 70.16 24.46 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment).............$ 53.30 22.01 (3) Groundman...............$ 40.76 21.51 (4) Powderman...............$ 51.87 18.79 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ---------------------------------------------------------------- ELEV0008-001 01/01/2024 Rates Fringes ELEVATOR MECHANIC................$ 80.76 37.885+a+b FOOTNOTE: a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ---------------------------------------------------------------- ENGI0003-001 06/28/2023 ""AREA 1"" WAGE RATES ARE LISTED BELOW ""AREA 2"" RECEIVES AN ADDITIONAL $2.00 PER HOUR ABOVE AREA 1 421 CC 02-04-2025 421 of 985 RATES. SEE AREA DEFINITIONS BELOW Rates Fringes OPERATOR: Power Equipment (AREA 1:) GROUP 1.....................$ 60.72 31.03 GROUP 2.....................$ 59.19 31.03 GROUP 3.....................$ 57.71 31.03 GROUP 4.....................$ 56.33 31.03 GROUP 5.....................$ 55.06 31.03 GROUP 6.....................$ 53.74 31.03 GROUP 7.....................$ 52.60 31.03 GROUP 8.....................$ 51.46 31.03 GROUP 8-A...................$ 49.25 31.03 OPERATOR: Power Equipment (Cranes and Attachments - AREA 1:) GROUP 1 Cranes.....................$ 52.30 31.15 Oiler......................$ 43.79 31.15 Truck crane oiler..........$ 46.08 31.15 GROUP 2 Cranes.....................$ 50.54 31.15 Oiler......................$ 42.83 31.15 Truck crane oiler..........$ 45.07 31.15 GROUP 3 Cranes.....................$ 48.80 31.15 Hydraulic..................$ 44.44 31.15 Oiler......................$ 42.55 31.15 Truck crane oiler..........$ 44.83 31.15 GROUP 4 Cranes.....................$ 45.76 31.15 OPERATOR: Power Equipment (Piledriving - AREA 1:) GROUP 1 Lifting devices............$ 52.64 31.15 Oiler......................$ 43.38 31.15 Truck Crane Oiler..........$ 45.66 31.15 GROUP 2 Lifting devices............$ 50.82 31.15 Oiler......................$ 43.11 31.15 Truck Crane Oiler..........$ 45.41 31.15 GROUP 3 Lifting devices............$ 49.14 31.15 Oiler......................$ 42.89 31.15 Truck Crane Oiler..........$ 45.12 31.15 GROUP 4 Lifting devices............$ 47.37 31.15 422 CC 02-04-2025 422 of 985 GROUP 5 Lifting devices............$ 44.73 31.15 GROUP 6 Lifting devices............$ 42.50 31.15 OPERATOR: Power Equipment (Steel Erection - AREA 1:) GROUP 1 Cranes.....................$ 53.27 31.15 Oiler......................$ 43.72 31.15 Truck Crane Oiler..........$ 45.95 31.15 GROUP 2 Cranes.....................$ 51.50 31.15 Oiler......................$ 43.45 31.15 Truck Crane Oiler..........$ 45.73 31.15 GROUP 3 Cranes.....................$ 50.02 31.15 Hydraulic..................$ 45.07 31.15 Oiler......................$ 43.23 31.15 Truck Crane Oiler..........$ 45.46 31.15 GROUP 4 Cranes.....................$ 48.00 31.15 GROUP 5 Cranes.....................$ 46.70 31.15 OPERATOR: Power Equipment (Tunnel and Underground Work - AREA 1:) SHAFTS, STOPES, RAISES: GROUP 1....................$ 56.82 31.03 GROUP 1-A..................$ 59.29 31.03 GROUP 2....................$ 55.56 31.03 GROUP 3....................$ 54.23 31.03 GROUP 4....................$ 53.09 31.03 GROUP 5....................$ 51.95 31.03 UNDERGROUND: GROUP 1....................$ 56.72 31.03 GROUP 1-A..................$ 59.19 31.03 GROUP 2....................$ 55.46 31.03 GROUP 3....................$ 54.13 31.03 GROUP 4....................$ 52.99 31.03 GROUP 5....................$ 51.85 31.03 FOOTNOTE: Work suspended by ropes or cables, or work on a Yo-Yo Cat: $.60 per hour additional. POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Operator of helicopter (when used in erection work); Hydraulic excavator, 7 cu. yds. and over; Power shovels, over 7 cu. yds. GROUP 2: Highline cableway; Hydraulic excavator, 3-1/2 cu. 423 CC 02-04-2025 423 of 985 yds. up to 7 cu. yds.; Licensed construction work boat operator, on site; Power blade operator (finish); Power shovels, over 1 cu. yd. up to and including 7 cu. yds. m.r.c. GROUP 3: Asphalt milling machine; Cable backhoe; Combination backhoe and loader over 3/4 cu. yds.; Continuous flight tie back machine assistant to engineer or mechanic; Crane mounted continuous flight tie back machine, tonnage to apply; Crane mounted drill attachment, tonnage to apply; Dozer, slope brd; Gradall; Hydraulic excavator, up to 3 1/2 cu. yds.; Loader 4 cu. yds. and over; Long reach excavator; Multiple engine scraper (when used as push pull); Power shovels, up to and including 1 cu. yd.; Pre-stress wire wrapping machine; Side boom cat, 572 or larger; Track loader 4 cu. yds. and over; Wheel excavator (up to and including 750 cu. yds. per hour) GROUP 4: Asphalt plant engineer/box person; Chicago boom; Combination backhoe and loader up to and including 3/4 cu. yd.; Concrete batch plant (wet or dry); Dozer and/or push cat; Pull- type elevating loader; Gradesetter, grade checker (GPS, mechanical or otherwise); Grooving and grinding machine; Heading shield operator; Heavy-duty drilling equipment, Hughes, LDH, Watson 3000 or similar; Heavy-duty repairperson and/or welder; Lime spreader; Loader under 4 cu. yds.; Lubrication and service engineer (mobile and grease rack); Mechanical finishers or spreader machine (asphalt, Barber-Greene and similar); Miller Formless M-9000 slope paver or similar; Portable crushing and screening plants; Power blade support; Roller operator, asphalt; Rubber-tired scraper, self-loading (paddle-wheels, etc.); Rubber- tired earthmoving equipment (scrapers); Slip form paver (concrete); Small tractor with drag; Soil stabilizer (P & H or equal); Spider plow and spider puller; Tubex pile rig; Unlicensed constuction work boat operator, on site; Timber skidder; Track loader up to 4 yds.; Tractor-drawn scraper; Tractor, compressor drill combination; Welder; Woods-Mixer (and other similar Pugmill equipment) GROUP 5: Cast-in-place pipe laying machine; Combination slusher and motor operator; Concrete conveyor or concrete pump, truck or equipment mounted; Concrete conveyor, building site; Concrete pump or pumpcrete gun; Drilling equipment, Watson 2000, Texoma 700 or similar; Drilling and boring machinery, horizontal (not to apply to waterliners, wagon drills or jackhammers); Concrete mixer/all; Person and/or material hoist; Mechanical finishers (concrete) (Clary, Johnson, Bidwell Bridge Deck or similar types); Mechanical burm, curb and/or curb and gutter machine, concrete or asphalt); Mine or shaft hoist; Portable 424 CC 02-04-2025 424 of 985 crusher; Power jumbo operator (setting slip-forms, etc., in tunnels); Screed (automatic or manual); Self-propelled compactor with dozer; Tractor with boom D6 or smaller; Trenching machine, maximum digging capacity over 5 ft. depth; Vermeer T-600B rock cutter or similar GROUP 6: Armor-Coater (or similar); Ballast jack tamper; Boom- type backfilling machine; Assistant plant engineer; Bridge and/or gantry crane; Chemical grouting machine, truck-mounted; Chip spreading machine operator; Concrete saw (self-propelled unit on streets, highways, airports and canals); Deck engineer; Drilling equipment Texoma 600, Hughes 200 Series or similar up to and including 30 ft. m.r.c.; Drill doctor; Helicopter radio operator; Hydro-hammer or similar; Line master; Skidsteer loader, Bobcat larger than 743 series or similar (with attachments); Locomotive; Lull hi-lift or similar; Oiler, truck mounted equipment; Pavement breaker, truck-mounted, with compressor combination; Paving fabric installation and/or laying machine; Pipe bending machine (pipelines only); Pipe wrapping machine (tractor propelled and supported); Screed (except asphaltic concrete paving); Self- propelled pipeline wrapping machine; Tractor; Self-loading chipper; Concrete barrier moving machine GROUP 7: Ballast regulator; Boom truck or dual-purpose A-frame truck, non-rotating - under 15 tons; Cary lift or similar; Combination slurry mixer and/or cleaner; Drilling equipment, 20 ft. and under m.r.c.; Firetender (hot plant); Grouting machine operator; Highline cableway signalperson; Stationary belt loader (Kolman or similar); Lift slab machine (Vagtborg and similar types); Maginnes internal full slab vibrator; Material hoist (1 drum); Mechanical trench shield; Pavement breaker with or without compressor combination); Pipe cleaning machine (tractor propelled and supported); Post driver; Roller (except asphalt); Chip Seal; Self-propelled automatically applied concrete curing mahcine (on streets, highways, airports and canals); Self-propelled compactor (without dozer); Signalperson; Slip-form pumps (lifting device for concrete forms); Tie spacer; Tower mobile; Trenching machine, maximum digging capacity up to and including 5 ft. depth; Truck- type loader GROUP 8: Bit sharpener; Boiler tender; Box operator; Brakeperson; Combination mixer and compressor (shotcrete/gunite); Compressor operator; Deckhand; Fire tender; Forklift (under 20 ft.); Generator; Gunite/shotcrete equipment operator; Hydraulic monitor; Ken seal machine (or similar); Mixermobile; Oiler; Pump operator; Refrigeration plant; Reservoir-debris tug (self- propelled floating); Ross Carrier (construction site); Rotomist operator; Self-propelled tape machine; Shuttlecar; 425 CC 02-04-2025 425 of 985 Self-propelled power sweeper operator (includes vacuum sweeper); Slusher operator; Surface heater; Switchperson; Tar pot firetender; Tugger hoist, single drum; Vacuum cooling plant; Welding machine (powered other than by electricity) GROUP 8-A: Elevator operator; Skidsteer loader-Bobcat 743 series or smaller, and similar (without attachments); Mini excavator under 25 H.P. (backhoe-trencher); Tub grinder wood chipper ---------------------------------------------------------- ALL CRANES AND ATTACHMENTS GROUP 1: Clamshell and dragline over 7 cu. yds.; Crane, over 100 tons; Derrick, over 100 tons; Derrick barge pedestal-mounted, over 100 tons; Self-propelled boom-type lifting device, over 100 tons GROUP 2: Clamshell and dragline over 1 cu. yd. up to and including 7 cu. yds.; Crane, over 45 tons up to and including 100 tons; Derrick barge, 100 tons and under; Self-propelled boom-type lifting device, over 45 tons; Tower crane GROUP 3: Clamshell and dragline up to and including 1 cu. yd.; Cranes 45 tons and under; Self-propelled boom-type lifting device 45 tons and under; GROUP 4: Boom Truck or dual purpose A-frame truck, non-rotating over 15 tons; Truck-mounted rotating telescopic boom type lifting device, Manitex or similar (boom truck) over 15 tons; Truck-mounted rotating telescopic boom type lifting device, Manitex or similar (boom truck) - under 15 tons; ----------------------------------------------------------- PILEDRIVERS GROUP 1: Derrick barge pedestal mounted over 100 tons; Clamshell over 7 cu. yds.; Self-propelled boom-type lifting device over 100 tons; Truck crane or crawler, land or barge mounted over 100 tons GROUP 2: Derrick barge pedestal mounted 45 tons to and including 100 tons; Clamshell up to and including 7 cu. yds.; Self-propelled boom-type lifting device over 45 tons; Truck crane or crawler, land or barge mounted, over 45 tons up to and including 100 tons; Fundex F-12 hydraulic pile rig 426 CC 02-04-2025 426 of 985 GROUP 3: Derrick barge pedestal mounted under 45 tons; Self- propelled boom-type lifting device 45 tons and under; Skid/scow piledriver, any tonnage; Truck crane or crawler, land or barge mounted 45 tons and under GROUP 4: Assistant operator in lieu of assistant to engineer; Forklift, 10 tons and over; Heavy-duty repairperson/welder GROUP 5: Deck engineer GROUP 6: Deckhand; Fire tender ------------------------------------------------------------- STEEL ERECTORS GROUP 1: Crane over 100 tons; Derrick over 100 tons; Self- propelled boom-type lifting device over 100 tons GROUP 2: Crane over 45 tons to 100 tons; Derrick under 100 tons; Self-propelled boom-type lifting device over 45 tons to 100 tons; Tower crane GROUP 3: Crane, 45 tons and under; Self-propelled boom-type lifting device, 45 tons and under GROUP 4: Chicago boom; Forklift, 10 tons and over; Heavy-duty repair person/welder GROUP 5: Boom cat -------------------------------------------------------------- -- TUNNEL AND UNDERGROUND WORK GROUP 1-A: Tunnel bore machine operator, 20' diameter or more GROUP 1: Heading shield operator; Heavy-duty repairperson; Mucking machine (rubber tired, rail or track type); Raised bore operator (tunnels); Tunnel mole bore operator GROUP 2: Combination slusher and motor operator; Concrete pump or pumpcrete gun; Power jumbo operator GROUP 3: Drill doctor; Mine or shaft hoist GROUP 4: Combination slurry mixer cleaner; Grouting Machine operator; Motorman GROUP 5: Bit Sharpener; Brakeman; Combination mixer and 427 CC 02-04-2025 427 of 985 compressor (gunite); Compressor operator; Oiler; Pump operator; Slusher operator ----------------------------------------------------------- AREA DESCRIPTIONS: POWER EQUIPMENT OPERATORS, CRANES AND ATTACHMENTS,TUNNEL AND UNDERGROUND [These areas do not apply to Piledrivers and Steel Erectors] AREA 1: ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, STANISLAUS, TUOLUMNE AREA 2 -NOTED BELOW THE REMAINING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW: CALAVERAS COUNTY: Area 1: Remainder Area 2: Eastern Part FRESNO COUNTY: Area 1: Remainder Area 2: Eastern Part MADERA COUNTY: Area 1: Remainder Area 2: Eastern Part MARIPOSA COUNTY: Area 1: Remainder Area 2: Eastern Part MONTEREY COUNTY: Area 1: Remainder Area 2: Southwestern part TUOLUMNE COUNTY: Area 1: Remainder Area 2: Eastern Part ---------------------------------------------------------------- ENGI0003-008 08/01/2024 Rates Fringes Dredging: (DREDGING: CLAMSHELL & DIPPER DREDGING; HYDRAULIC SUCTION DREDGING:) AREA 1: 428 CC 02-04-2025 428 of 985 (1) Leverman...............$ 60.61 39.55 (2) Dredge Dozer; Heavy duty repairman.............$ 55.65 39.55 (3) Booster Pump Operator; Deck Engineer; Deck mate; Dredge Tender; Winch Operator...................$ 54.53 39.55 (4) Bargeman; Deckhand; Fireman; Leveehand; Oiler..$ 51.23 39.55 AREA 2: (1) Leverman...............$ 62.61 39.55 (2) Dredge Dozer; Heavy duty repairman.............$ 57.65 39.55 (3) Booster Pump Operator; Deck Engineer; Deck mate; Dredge Tender; Winch Operator...................$ 56.53 39.55 (4) Bargeman; Deckhand; Fireman; Leveehand; Oiler..$ 53.23 39.55 AREA DESCRIPTIONS AREA 1: ALAMEDA,BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED, NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS, SUTTER, YOLO, AND YUBA COUNTIES AREA 2: MODOC COUNTY THE REMAINGING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW: ALPINE COUNTY: Area 1: Northernmost part Area 2: Remainder CALAVERAS COUNTY: Area 1: Remainder Area 2: Eastern part COLUSA COUNTY: Area 1: Eastern part Area 2: Remainder ELDORADO COUNTY: Area 1: North Central part Area 2: Remainder FRESNO COUNTY: Area 1: Remainder 429 CC 02-04-2025 429 of 985 Area 2: Eastern part GLENN COUNTY: Area 1: Eastern part Area 2: Remainder LASSEN COUNTY: Area 1: Western part along the Southern portion of border with Shasta County Area 2: Remainder MADERA COUNTY: Area 1: Except Eastern part Area 2: Eastern part MARIPOSA COUNTY Area 1: Except Eastern part Area 2: Eastern part MONTERREY COUNTY Area 1: Except Southwestern part Area 2: Southwestern part NEVADA COUNTY: Area 1: All but the Northern portion along the border of Sierra County Area 2: Remainder PLACER COUNTY: Area 1: Al but the Central portion Area 2: Remainder PLUMAS COUNTY: Area 1: Western portion Area 2: Remainder SHASTA COUNTY: Area 1: All but the Northeastern corner Area 2: Remainder SIERRA COUNTY: Area 1: Western part Area 2: Remainder SISKIYOU COUNTY: Area 1: Central part Area 2: Remainder SONOMA COUNTY: Area 1: All but the Northwestern corner Area 2: Remainder 430 CC 02-04-2025 430 of 985 TEHAMA COUNTY: Area 1: All but the Western border with Mendocino & Trinity Counties Area 2: Remainder TRINITY COUNTY: Area 1: East Central part and the Northeastern border with Shasta County Area 2: Remainder TUOLUMNE COUNTY: Area 1: Except Eastern part Area 2: Eastern part ---------------------------------------------------------------- ENGI0003-019 07/01/2024 SEE AREA DESCRIPTIONS BELOW Rates Fringes OPERATOR: Power Equipment (LANDSCAPE WORK ONLY) GROUP 1 AREA 1.....................$ 52.40 28.52 AREA 2.....................$ 54.40 28.52 GROUP 2 AREA 1.....................$ 48.80 28.52 AREA 2.....................$ 50.80 28.52 GROUP 3 AREA 1.....................$ 44.19 28.52 AREA 2.....................$ 46.19 28.52 GROUP DESCRIPTIONS: GROUP 1: Landscape Finish Grade Operator: All finish grade work regardless of equipment used, and all equipment with a rating more than 65 HP. GROUP 2: Landscape Operator up to 65 HP: All equipment with a manufacturer's rating of 65 HP or less except equipment covered by Group 1 or Group 3. The following equipment shall be included except when used for finish work as long as manufacturer's rating is 65 HP or less: A-Frame and Winch Truck, Backhoe, Forklift, Hydragraphic Seeder Machine, Roller, Rubber-Tired and Track Earthmoving Equipment, Skiploader, Straw Blowers, and Trencher 31 HP up to 65 HP. GROUP 3: Landscae Utility Operator: Small Rubber-Tired Tractor, Trencher Under 31 HP. 431 CC 02-04-2025 431 of 985 AREA DESCRIPTIONS: AREA 1: ALAMEDA, BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED, NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS, SUTTER, YOLO, AND YUBA COUNTIES AREA 2 - MODOC COUNTY THE REMAINING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW: ALPINE COUNTY: Area 1: Northernmost part Area 2: Remainder CALAVERAS COUNTY: Area 1: Except Eastern part Area 2: Eastern part COLUSA COUNTY: Area 1: Eastern part Area 2: Remainder DEL NORTE COUNTY: Area 1: Extreme Southwestern corner Area 2: Remainder ELDORADO COUNTY: Area 1: North Central part Area 2: Remainder FRESNO COUNTY Area 1: Except Eastern part Area 2: Eastern part GLENN COUNTY: Area 1: Eastern part Area 2: Remainder HUMBOLDT COUNTY: Area 1: Except Eastern and Southwestern parts Area 2: Remainder LAKE COUNTY: Area 1: Southern part Area 2: Remainder LASSEN COUNTY: Area 1: Western part along the Southern portion of border with Shasta County Area 2: Remainder 432 CC 02-04-2025 432 of 985 MADERA COUNTY Area 1: Remainder Area 2: Eastern part MARIPOSA COUNTY Area 1: Remainder Area 2: Eastern part MENDOCINO COUNTY: Area 1: Central and Southeastern parts Area 2: Remainder MONTEREY COUNTY Area 1: Remainder Area 2: Southwestern part NEVADA COUNTY: Area 1: All but the Northern portion along the border of Sierra County Area 2: Remainder PLACER COUNTY: Area 1: All but the Central portion Area 2: Remainder PLUMAS COUNTY: Area 1: Western portion Area 2: Remainder SHASTA COUNTY: Area 1: All but the Northeastern corner Area 2: Remainder SIERRA COUNTY: Area 1: Western part Area 2: Remainder SISKIYOU COUNTY: Area 1: Central part Area 2: Remainder SONOMA COUNTY: Area 1: All but the Northwestern corner Area 2: Reaminder TEHAMA COUNTY: Area 1: All but the Western border with mendocino & Trinity Counties Area 2: Remainder TRINITY COUNTY: 433 CC 02-04-2025 433 of 985 Area 1: East Central part and the Northeaster border with Shasta County Area 2: Remainder TULARE COUNTY; Area 1: Remainder Area 2: Eastern part TUOLUMNE COUNTY: Area 1: Remainder Area 2: Eastern Part ---------------------------------------------------------------- IRON0377-001 01/01/2024 ALAMEDA, CONTRA COSTA, SAN MATEO, SANTA CLARA COUNTIES Rates Fringes Ironworkers: Fence Erector...............$ 42.53 26.26 Ornamental, Reinforcing and Structural..............$ 52.08 34.90 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- IRON0377-003 01/01/2024 SAN FRANCISCO CITY and COUNTY Rates Fringes 434 CC 02-04-2025 434 of 985 Ironworkers: Fence Erector...............$ 42.53 26.26 Ornamental, Reinforcing and Structural..............$ 52.58 34.90 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- IRON0433-005 01/01/2024 REMAINING COUNTIES Rates Fringes IRONWORKER Fence Erector...............$ 42.53 26.26 Ornamental, Reinforcing and Structural..............$ 47.45 34.90 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: 435 CC 02-04-2025 435 of 985 Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LABO0067-006 07/01/2024 AREA ""1"" - ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES AREA ""2"" - CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, STANISLAUS, AND TUOLUMNE COUNTIES Rates Fringes LABORER (ASBESTOS/MOLD/LEAD LABORER) Area 1......................$ 37.75 29.69 Area 2......................$ 36.75 29.69 ASBESTOS REMOVAL-SCOPE OF WORK: Site mobilization; initial site clean-up; site preparation; removal of asbestos-containing materials from walls and ceilings; or from pipes, boilers and mechanical systems only if they are being scrapped; encapsulation, enclosure and disposal of asbestos-containing materials by hand or with equipment or machinery; scaffolding; fabrication of temporary wooden barriers; and assembly of decontamination stations. ---------------------------------------------------------------- LABO0073-002 07/01/2023 CALAVERAS AND SAN JOAQUIN COUNTIES Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person..$ 36.26 27.30 Traffic Control Person I....$ 36.56 27.30 Traffic Control Person II...$ 34.06 27.30 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. 436 CC 02-04-2025 436 of 985 TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions. ---------------------------------------------------------------- LABO0073-003 07/01/2023 SAN JOAQUIN COUNTY Rates Fringes LABORER Mason Tender-Brick..........$ 36.29 25.55 ---------------------------------------------------------------- LABO0073-005 06/26/2023 Rates Fringes Tunnel and Shaft Laborers: GROUP 1.....................$ 45.89 27.72 GROUP 2.....................$ 45.66 27.72 GROUP 3.....................$ 45.41 27.72 GROUP 4.....................$ 44.96 27.72 GROUP 5.....................$ 44.42 27.72 Shotcrete Specialist........$ 46.41 27.72 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman 437 CC 02-04-2025 437 of 985 ---------------------------------------------------------------- LABO0073-007 06/26/2023 CALAVERAS AND SAN JOAQUIN COUNTIES Rates Fringes LABORER (CONSTRUCTION CRAFT LABORERS) Construction Specialist Group.......................$ 36.20 27.30 GROUP 1.....................$ 35.50 27.30 GROUP 1-a...................$ 35.72 27.30 GROUP 1-c...................$ 35.55 27.30 GROUP 1-e...................$ 36.05 27.30 GROUP 1-f...................$ 30.37 23.20 GROUP 2.....................$ 35.35 27.30 GROUP 3.....................$ 35.25 27.30 GROUP 4.....................$ 28.94 27.30 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS) (1) New Construction........$ 35.25 27.30 (2) Establishment Warranty Period......................$ 28.94 27.30 LABORER (GUNITE) GROUP 1.....................$ 36.46 27.30 GROUP 2.....................$ 35.96 27.30 GROUP 3.....................$ 35.37 27.30 GROUP 4.....................$ 35.25 27.30 LABORER (WRECKING) GROUP 1.....................$ 35.50 27.30 GROUP 2.....................$ 35.35 27.30 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small 438 CC 02-04-2025 438 of 985 trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, 439 CC 02-04-2025 439 of 985 large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building 440 CC 02-04-2025 440 of 985 including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material cleaner"" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- LABO0073-009 07/01/2023 CALAVERAS AND SAN JOAQUIN COUNTIES Rates Fringes LABORER (Plaster Tender).........$ 39.77 28.54 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO0261-003 07/01/2023 SAN FRANCISCO AND SAN MATEO COUNTIES Rates Fringes 441 CC 02-04-2025 441 of 985 LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person..$ 37.26 27.30 Traffic Control Person I....$ 37.56 27.30 Traffic Control Person II...$ 35.06 27.30 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions. ---------------------------------------------------------------- LABO0261-005 06/26/2023 SAN FRANCISCO AND SAN MATEO COUNTIES Rates Fringes Tunnel and Shaft Laborers: GROUP 1.....................$ 45.89 27.72 GROUP 2.....................$ 45.66 27.72 GROUP 3.....................$ 45.41 27.72 GROUP 4.....................$ 44.96 27.72 GROUP 5.....................$ 44.42 27.72 Shotcrete Specialist........$ 46.41 27.72 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) 442 CC 02-04-2025 442 of 985 GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- LABO0261-009 06/26/2023 SAN FRANCISCO, AND SAN MATEO COUNTIES Rates Fringes LABORER (CONSTRUCTION CRAFT LABORERS - AREA A:) Construction Specialist Group.......................$ 37.20 27.30 GROUP 1.....................$ 36.50 27.30 GROUP 1-a...................$ 36.72 27.30 GROUP 1-c...................$ 36.55 27.30 GROUP 1-e...................$ 37.05 27.30 GROUP 1-f...................$ 31.37 23.20 GROUP 2.....................$ 36.35 27.30 GROUP 3.....................$ 36.25 27.30 GROUP 4.....................$ 29.94 27.30 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS - AREA A:) (1) New Construction........$ 36.25 27.30 (2) Establishment Warranty Period......................$ 29.94 27.30 LABORER (WRECKING - AREA A:) GROUP 1.....................$ 36.50 27.30 GROUP 2.....................$ 36.35 27.30 Laborers: (GUNITE - AREA A:) GROUP 1.....................$ 37.46 27.30 GROUP 2.....................$ 36.96 27.30 GROUP 3.....................$ 36.37 27.30 GROUP 4.....................$ 36.25 27.30 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; 443 CC 02-04-2025 443 of 985 Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who 444 CC 02-04-2025 444 of 985 handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) 445 CC 02-04-2025 445 of 985 GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material cleaner"" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- LABO0261-011 07/01/2023 SAN FRANCISCO AND SAN MATEO COUNTIES: Rates Fringes MASON TENDER, BRICK..............$ 37.05 27.45 FOOTNOTES: Underground work such as sewers, manholes, catch basins, sewer pipes, telephone conduits, tunnels and cut trenches: $5.00 per day additional. Work in live sewage: $2.50 per day additional. 446 CC 02-04-2025 446 of 985 ---------------------------------------------------------------- LABO0261-014 07/01/2023 SAN FRANCISCO AND SAN MATEO COUNTIES: Rates Fringes PLASTER TENDER...................$ 41.93 30.32 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO0270-003 07/01/2023 AREA A: SANTA CLARA AREA B: MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person Area A.....................$ 37.26 27.30 Area B.....................$ 36.26 27.30 Traffic Control Person I Area A.....................$ 37.56 27.30 Area B.....................$ 36.56 27.30 Traffic Control Person II Area A.....................$ 35.06 27.30 Area B.....................$ 34.06 27.30 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions. ---------------------------------------------------------------- LABO0270-004 06/26/2023 MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES Rates Fringes Tunnel and Shaft Laborers: GROUP 1.....................$ 45.89 27.72 GROUP 2.....................$ 45.66 27.72 GROUP 3.....................$ 45.41 27.72 GROUP 4.....................$ 44.96 27.72 GROUP 5.....................$ 44.42 27.72 447 CC 02-04-2025 447 of 985 Shotcrete Specialist........$ 46.41 27.72 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- LABO0270-005 07/01/2023 MONTEREY AND SAN BENITO COUNTIES Rates Fringes LABORER Mason Tender-Brick..........$ 36.29 25.55 ---------------------------------------------------------------- LABO0270-007 06/26/2023 MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES Rates Fringes LABORER (CONSTRUCTION CRAFT LABORERS - AREA B) Construction Specialist Group.......................$ 36.20 27.30 GROUP 1.....................$ 35.50 27.30 GROUP 1-a...................$ 35.72 27.30 GROUP 1-c...................$ 35.55 27.30 GROUP 1-e...................$ 36.05 27.30 448 CC 02-04-2025 448 of 985 GROUP 1-f...................$ 36.08 27.30 GROUP 2.....................$ 35.35 27.30 GROUP 3.....................$ 35.25 27.30 GROUP 4.....................$ 28.94 27.30 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS - AREA B) (1) New Construction........$ 35.25 27.30 (2) Establishment Warranty Period......................$ 28.94 27.30 LABORER (GUNITE - AREA B) GROUP 1.....................$ 36.46 27.30 GROUP 2.....................$ 35.96 27.30 GROUP 3.....................$ 35.37 27.30 GROUP 4.....................$ 35.25 27.30 LABORER (WRECKING - AREA B) GROUP 1.....................$ 35.50 27.30 GROUP 2.....................$ 35.35 27.30 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and 449 CC 02-04-2025 449 of 985 worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. 450 CC 02-04-2025 450 of 985 GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material cleaner"" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"". -------------------------------------------------------- 451 CC 02-04-2025 451 of 985 GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- LABO0270-010 06/26/2023 SANTA CLARA COUNTY Rates Fringes LABORER (CONSTRUCTION CRAFT LABORERS - AREA A:) Construction Specialist Group.......................$ 37.20 27.30 GROUP 1.....................$ 36.50 27.30 GROUP 1-a...................$ 36.72 27.30 GROUP 1-c...................$ 36.55 27.30 GROUP 1-e...................$ 37.05 27.30 GROUP 1-f...................$ 37.08 27.30 GROUP 2.....................$ 36.35 27.30 GROUP 3.....................$ 36.25 27.30 GROUP 4.....................$ 29.94 27.30 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS - AREA A:) (1) New Construction........$ 36.25 27.30 (2) Establishment Warranty Period......................$ 29.94 27.30 LABORER (GUNITE - AREA A:) GROUP 1.....................$ 37.46 27.30 GROUP 2.....................$ 36.96 27.30 GROUP 3.....................$ 36.37 27.30 GROUP 4.....................$ 36.25 27.30 LABORER (WRECKING - AREA A:) 452 CC 02-04-2025 452 of 985 GROUP 1.....................$ 36.50 27.30 GROUP 2.....................$ 36.35 27.30 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and 453 CC 02-04-2025 453 of 985 rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; 454 CC 02-04-2025 454 of 985 High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material cleaner"" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) 455 CC 02-04-2025 455 of 985 GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- LABO0270-011 07/01/2023 MONTEREY, SAN BENITO, SANTA CRUZ, SANTA CLARA COUNTIES Rates Fringes LABORER (Plaster Tender).........$ 40.68 29.68 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO0294-001 07/01/2023 FRESNO, KINGS AND MADERA COUNTIES Rates Fringes LABORER (Brick) Mason Tender-Brick..........$ 36.29 25.55 ---------------------------------------------------------------- LABO0294-002 07/01/2023 FRESNO, KINGS, AND MADERA COUNTIES Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person..$ 36.26 27.30 Traffic Control Person I....$ 36.56 27.30 Traffic Control Person II...$ 34.06 27.30 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions. ---------------------------------------------------------------- LABO0294-005 06/26/2023 FRESNO, KINGS, AND MADERA COUNTIES Rates Fringes Tunnel and Shaft Laborers: GROUP 1.....................$ 45.89 27.72 GROUP 2.....................$ 45.66 27.72 456 CC 02-04-2025 456 of 985 GROUP 3.....................$ 45.41 27.72 GROUP 4.....................$ 44.96 27.72 GROUP 5.....................$ 44.42 27.72 Shotcrete Specialist........$ 46.41 27.72 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- LABO0294-008 06/26/2023 FRESNO, KINGS, AND MADERA COUNTIES Rates Fringes LABORER (CONSTRUCTION CRAFT LABORERS - AREA B:) Construction Specialist Group.......................$ 36.20 27.30 GROUP 1.....................$ 35.50 27.30 GROUP 1-a...................$ 35.72 27.30 GROUP 1-c...................$ 35.55 27.30 GROUP 1-e...................$ 36.05 27.30 GROUP 1-f...................$ 36.08 27.30 GROUP 2.....................$ 35.35 27.30 GROUP 3.....................$ 35.25 27.30 GROUP 4.....................$ 28.94 27.30 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, 457 CC 02-04-2025 457 of 985 HORTICULTURAL & LANDSCAPE LABORERS - AREA B:) (1) New Construction........$ 35.25 27.30 (2) Establishment Warranty Period......................$ 28.94 27.30 LABORER (GUNITE - AREA B:) GROUP 1.....................$ 36.46 27.30 GROUP 2.....................$ 35.96 27.30 GROUP 3.....................$ 35.37 27.30 GROUP 4.....................$ 35.25 27.30 LABORER (WRECKING - AREA B:) GROUP 1.....................$ 35.50 27.30 GROUP 2.....................$ 35.35 27.30 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of 458 CC 02-04-2025 458 of 985 voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and 459 CC 02-04-2025 459 of 985 every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material cleaner"" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman 460 CC 02-04-2025 460 of 985 GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- LABO0294-010 07/01/2023 CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE Rates Fringes Plasterer tender.................$ 39.77 28.54 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO0294-011 07/01/2023 FRESNO, KINGS, AND MADERA COUNTIES Rates Fringes LABORER (Plaster Tender).........$ 39.77 28.54 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO0304-002 07/01/2023 ALAMEDA COUNTY Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person..$ 37.26 27.30 Traffic Control Person I....$ 37.56 27.30 Traffic Control Person II...$ 35.06 27.30 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. 461 CC 02-04-2025 461 of 985 TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions. ---------------------------------------------------------------- LABO0304-003 06/26/2023 ALAMEDA COUNTY Rates Fringes Tunnel and Shaft Laborers: GROUP 1.....................$ 45.89 27.72 GROUP 2.....................$ 45.66 27.72 GROUP 3.....................$ 45.41 27.72 GROUP 4.....................$ 44.96 27.72 GROUP 5.....................$ 44.42 27.72 Shotcrete Specialist........$ 46.41 27.72 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- LABO0304-004 06/26/2023 ALAMEDA COUNTY Rates Fringes 462 CC 02-04-2025 462 of 985 LABORER (CONSTRUCTION CRAFT LABORERS - AREA A:) Construction Specialist Group.......................$ 37.20 27.30 GROUP 1.....................$ 36.50 27.30 GROUP 1-a...................$ 36.72 27.30 GROUP 1-c...................$ 36.55 27.30 GROUP 1-e...................$ 37.05 27.30 GROUP 1-f...................$ 37.08 27.30 GROUP 2.....................$ 36.35 27.30 GROUP 3.....................$ 36.25 27.30 GROUP 4.....................$ 29.94 27.30 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS - AREA A:) (1) New Construction........$ 36.25 27.30 (2) Establishment Warranty Period......................$ 29.94 27.30 LABORER (GUNITE - AREA A:) GROUP 1.....................$ 37.46 27.30 GROUP 2.....................$ 36.96 27.30 GROUP 3.....................$ 36.37 27.30 GROUP 4.....................$ 36.25 27.30 LABORER (WRECKING - AREA A:) GROUP 1.....................$ 36.50 27.30 GROUP 2.....................$ 36.35 27.30 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement; Compactors of all types; Concrete and magnesite mixer, 1/2 463 CC 02-04-2025 463 of 985 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All 464 CC 02-04-2025 464 of 985 employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material cleaner"" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or 465 CC 02-04-2025 465 of 985 temporary jobsite yard. The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- LABO0304-005 07/01/2023 ALAMEDA COUNTY Rates Fringes Brick Tender.....................$ 37.05 27.45 FOOTNOTES: Work on jobs where heat-protective clothing is required: $2.00 per hour additional. Work at grinders: $.25 per hour additional. Manhole work: $2.00 per day additional. ---------------------------------------------------------------- LABO0304-008 07/01/2023 ALAMEDA AND CONTRA COSTA COUNTIES: Rates Fringes Plasterer tender.................$ 41.93 30.32 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- 466 CC 02-04-2025 466 of 985 LABO0324-002 07/01/2023 CONTRA COSTA COUNTY Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person..$ 37.26 27.30 Traffic Control Person I....$ 37.56 27.30 Traffic Control Person II...$ 35.06 27.30 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions. ---------------------------------------------------------------- LABO0324-006 06/26/2023 CONTRA COSTA COUNTY Rates Fringes Tunnel and Shaft Laborers: GROUP 1.....................$ 45.89 27.72 GROUP 2.....................$ 45.66 27.72 GROUP 3.....................$ 45.41 27.72 GROUP 4.....................$ 44.96 27.72 GROUP 5.....................$ 44.42 27.72 Shotcrete Specialist........$ 46.41 27.72 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); 467 CC 02-04-2025 467 of 985 Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- LABO0324-012 06/26/2023 CONTRA COSTA COUNTY Rates Fringes LABORER (CONSTRUCTION CRAFT LABORERS - AREA A:) Construction Specialist Group.......................$ 37.20 27.30 GROUP 1.....................$ 36.50 27.30 GROUP 1-a...................$ 36.72 27.30 GROUP 1-c...................$ 36.55 27.30 GROUP 1-e...................$ 37.05 27.30 GROUP 1-f...................$ 37.08 27.30 GROUP 1-g...................$ 36.70 27.30 GROUP 2.....................$ 36.35 27.30 GROUP 3.....................$ 36.25 27.30 GROUP 4.....................$ 29.94 27.30 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, HORTICULURAL & LANDSCAPE LABORERS - AREA A:) (1) New Construction........$ 36.25 27.30 (2) Establishment Warranty Period......................$ 29.94 27.30 LABORER (GUNITE - AREA A:) GROUP 1.....................$ 37.46 27.30 GROUP 2.....................$ 36.96 27.30 GROUP 3.....................$ 36.37 27.30 GROUP 4.....................$ 36.25 27.30 LABORER (WRECKING - AREA A:) GROUP 1.....................$ 36.50 27.30 GROUP 2.....................$ 36.35 27.30 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- 468 CC 02-04-2025 468 of 985 LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and 469 CC 02-04-2025 469 of 985 explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 1-g, CONTRA COSTA COUNTY: Pipelayer (including grade checking in connection with pipelaying); Caulker; Bander; Pipewrapper; Conduit layer; Plastic pipe layer; Pressure pipe tester; No joint pipe and stripping of same, including repair of voids; Precast manhole setters, cast in place manhole form setters GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush 470 CC 02-04-2025 470 of 985 shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material cleaner"" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) GROUP 1-g, CONTRA COSTA COUNTY: Pipelayer (including grade 471 CC 02-04-2025 471 of 985 checking in connection with pipelaying); Caulker; Bander; Pipewrapper; Conduit layer; Plastic pipe layer; Pressure pipe tester; No joint pipe and stripping of same, including repair of voids; Precast manhole setters, cast in place manhole form setters ---------------------------------------------------------------- LABO0324-014 07/01/2023 CONTRA COSTA COUNTY: Rates Fringes Brick Tender.....................$ 37.05 27.45 FOOTNOTES: Work on jobs where heat-protective clothing is required: $2.00 per hour additional. Work at grinders: $.25 per hour additional. Manhole work: $2.00 per day additional. ---------------------------------------------------------------- LABO0324-018 07/01/2023 ALAMEDA AND CONTRA COSTA COUNTIES: Rates Fringes Plasterer tender.................$ 41.93 30.32 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO1130-002 07/01/2023 MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person..$ 36.26 27.30 Traffic Control Person I....$ 36.56 27.30 Traffic Control Person II...$ 34.06 27.30 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions. ---------------------------------------------------------------- LABO1130-003 06/26/2023 472 CC 02-04-2025 472 of 985 MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES Rates Fringes Tunnel and Shaft Laborers: GROUP 1.....................$ 45.89 27.72 GROUP 2.....................$ 45.66 27.72 GROUP 3.....................$ 45.41 27.72 GROUP 4.....................$ 44.96 27.72 GROUP 5.....................$ 44.42 27.72 Shotcrete Specialist........$ 46.41 27.72 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- LABO1130-005 07/01/2023 MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES Rates Fringes LABORER Mason Tender-Brick..........$ 36.29 25.55 ---------------------------------------------------------------- LABO1130-007 06/26/2023 MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE , COUNTIES 473 CC 02-04-2025 473 of 985 Rates Fringes LABORER (CONSTRUCTION CRAFT LABORERS - AREA B:) Construction Specialist Group.......................$ 36.20 27.30 GROUP 1.....................$ 35.50 27.30 GROUP 1-a...................$ 35.72 27.30 GROUP 1-c...................$ 35.55 27.30 GROUP 1-e...................$ 36.05 27.30 GROUP 1-f...................$ 36.08 27.30 GROUP 2.....................$ 35.35 27.30 GROUP 3.....................$ 35.25 27.30 GROUP 4.....................$ 28.94 27.30 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS - AREA B:) (1) New Construction........$ 35.25 27.30 (2) Establishment Warranty Period......................$ 28.94 27.30 LABORER (GUNITE - AREA B:) GROUP 1.....................$ 36.46 27.30 GROUP 2.....................$ 35.96 27.30 GROUP 3.....................$ 35.37 27.30 GROUP 4.....................$ 35.25 27.30 LABORER (WRECKING - AREA B:) GROUP 1.....................$ 35.50 27.30 GROUP 2.....................$ 35.35 27.30 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, 474 CC 02-04-2025 474 of 985 pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' 475 CC 02-04-2025 475 of 985 work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material cleaner"" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. 476 CC 02-04-2025 476 of 985 B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- LABO1130-008 07/01/2023 CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE Rates Fringes Plasterer tender.................$ 39.77 28.54 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO1130-009 07/01/2023 MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES Rates Fringes LABORER (Plaster Tender).........$ 39.77 28.54 477 CC 02-04-2025 477 of 985 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- PAIN0016-001 01/01/2024 ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN MATEO, SANTA CLARA, AND SANTA CRUZ COUNTIES Rates Fringes Painters:........................$ 50.51 27.66 PREMIUMS: EXOTIC MATERIALS - $1.25 additional per hour. SPRAY WORK: - $0.50 additional per hour. INDUSTRIAL PAINTING - $0.25 additional per hour [Work on industrial buildings used for the manufacture and processing of goods for sale or service; steel construction (bridges), stacks, towers, tanks, and similar structures] HIGH WORK: over 50 feet - $2.00 per hour additional 100 to 180 feet - $4.00 per hour additional Over 180 feet - $6.00 per houir additional ---------------------------------------------------------------- PAIN0016-003 01/01/2024 AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA CLARA COUNTIES AREA 2: CALAVERAS, MARIPOA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS & TUOLUMNE COUNTIES Rates Fringes Drywall Finisher/Taper AREA 1......................$ 60.41 31.34 AREA 2......................$ 56.28 29.94 ---------------------------------------------------------------- PAIN0016-012 01/01/2024 ALAMEDA, CONTRA COSTA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES Rates Fringes SOFT FLOOR LAYER.................$ 59.00 33.03 ---------------------------------------------------------------- 478 CC 02-04-2025 478 of 985 PAIN0016-015 01/01/2024 CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE COUNTIES Rates Fringes PAINTER Brush.......................$ 40.85 22.40 FOOTNOTES: SPRAY/SANDBLAST: $0.50 additional per hour. EXOTIC MATERIALS: $1.25 additional per hour. HIGH TIME: Over 50 ft above ground or water level $2.00 additional per hour. 100 to 180 ft above ground or water level $4.00 additional per hour. Over 180 ft above ground or water level $6.00 additional per hour. ---------------------------------------------------------------- PAIN0016-022 01/01/2024 SAN FRANCISCO COUNTY Rates Fringes PAINTER..........................$ 54.13 27.66 ---------------------------------------------------------------- PAIN0169-001 01/01/2023 FRESNO, KINGS, MADERA, MARIPOSA AND MERCED COUNTIES: Rates Fringes GLAZIER..........................$ 44.33 28.88 ---------------------------------------------------------------- PAIN0169-005 01/01/2024 ALAMEDA CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA & SANTA CRUZ COUNTIES Rates Fringes GLAZIER..........................$ 56.22 34.00 ---------------------------------------------------------------- PAIN0294-004 07/01/2023 FRESNO, KINGS AND MADERA COUNTIES Rates Fringes 479 CC 02-04-2025 479 of 985 PAINTER Brush, Roller...............$ 34.49 21.80 Drywall Finisher/Taper......$ 35.74 21.80 FOOTNOTE: Spray Painters & Paperhangers recive $1.00 additional per hour. Painters doing Drywall Patching receive $1.25 additional per hour. Lead Abaters & Sandblasters receive $1.50 additional per hour. High Time - over 30 feet (does not include work from a lift) $0.75 per hour additional. ---------------------------------------------------------------- PAIN0294-005 01/01/2023 FRESNO, KINGS & MADERA Rates Fringes SOFT FLOOR LAYER.................$ 38.53 23.19 ---------------------------------------------------------------- PAIN0767-001 01/01/2024 CALAVERAS, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: Rates Fringes GLAZIER..........................$ 43.25 35.62 PAID HOLIDAYS: New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day. Employee required to wear a body harness shall receive $1.50 per hour above the basic hourly rate at any elevation. ---------------------------------------------------------------- PAIN1176-001 07/01/2022 HIGHWAY IMPR0VEMENT Rates Fringes Parking Lot Striping/Highway Marking: GROUP 1.....................$ 40.83 17.62 GROUP 2.....................$ 34.71 17.62 GROUP 3.....................$ 35.11 17.62 CLASSIFICATIONS GROUP 1: Striper: Layout and application of painted traffic stripes and marking; hot thermo plastic; tape, traffic 480 CC 02-04-2025 480 of 985 stripes and markings GROUP 2: Gamecourt & Playground Installer GROUP 3: Protective Coating, Pavement Sealing ---------------------------------------------------------------- PAIN1237-003 01/01/2024 CALAVERAS; SAN JOAQUIN COUNTIES; STANISLAUS AND TUOLUMNE COUNTIES: Rates Fringes SOFT FLOOR LAYER.................$ 48.54 26.59 ---------------------------------------------------------------- PLAS0066-002 07/01/2019 ALAMEDA, CONTRA COSTA, SAN MATEO AND SAN FRANCISCO COUNTIES: Rates Fringes PLASTERER........................$ 42.41 30.73 ---------------------------------------------------------------- PLAS0300-001 07/01/2018 Rates Fringes PLASTERER AREA 188: Fresno...........$ 32.70 31.68 AREA 224: San Benito, Santa Clara, Santa Cruz.....$ 32.88 31.68 AREA 295: Calaveras & San Joaquin Couonties...........$ 32.70 31.68 AREA 337: Monterey County..$ 32.88 31.68 AREA 429: Mariposa, Merced, Stanislaus, Tuolumne Counties...........$ 32.70 31.68 ---------------------------------------------------------------- PLAS0300-005 07/01/2016 Rates Fringes CEMENT MASON/CONCRETE FINISHER...$ 32.15 23.27 ---------------------------------------------------------------- PLUM0038-001 07/01/2023 SAN FRANCISCO COUNTY Rates Fringes 481 CC 02-04-2025 481 of 985 PLUMBER (Plumber, Steamfitter, Refrigeration Fitter)..........................$ 85.50 48.98 ---------------------------------------------------------------- PLUM0038-005 07/01/2023 SAN FRANCISCO COUNTY Rates Fringes Landscape/Irrigation Fitter (Underground/Utility Fitter).....$ 72.68 32.91 ---------------------------------------------------------------- PLUM0062-001 07/01/2024 MONTEREY AND SANTA CRUZ COUNTIES Rates Fringes PLUMBER & STEAMFITTER............$ 53.00 41.70 ---------------------------------------------------------------- PLUM0159-001 07/01/2024 CONTRA COSTA COUNTY Rates Fringes Plumber and steamfitter (1) Refrigeration...........$ 65.28 48.04 (2) All other work..........$ 66.17 48.04 ---------------------------------------------------------------- PLUM0246-001 07/01/2024 FRESNO, KINGS & MADERA COUNTIES Rates Fringes PLUMBER & STEAMFITTER............$ 50.00 40.69 ---------------------------------------------------------------- * PLUM0246-004 01/01/2017 FRESNO, MERCED & SAN JOAQUIN COUNIES Rates Fringes PLUMBER (PIPE TRADESMAN).........$ 13.00 ** 10.74 PIPE TRADESMAN SCOPE OF WORK: Installation of corrugated metal piping for drainage, as well as installation of corrugated metal piping for culverts in connection with storm sewers and drains; Grouting, dry packing and diapering of joints, holes or chases including 482 CC 02-04-2025 482 of 985 paving over joints, in piping; Temporary piping for dirt work for building site preparation; Operating jack hammers, pavement breakers, chipping guns, concrete saws and spades to cut holes, chases and channels for piping systems; Digging, grading, backfilling and ground preparation for all types of pipe to all points of the jobsite; Ground preparation including ground leveling, layout and planting of shrubbery, trees and ground cover, including watering, mowing, edging, pruning and fertilizing, the breaking of concrete, digging, backfilling and tamping for the preparation and completion of all work in connection with lawn sprinkler and landscaping; Loading, unloading and distributing materials at jobsite; Putting away materials in storage bins in jobsite secure storage area; Demolition of piping and fixtures for remodeling and additions; Setting up and tearing down work benches, ladders and job shacks; Clean-up and sweeping of jobsite; Pipe wrapping and waterproofing where tar or similar material is applied for protection of buried piping; Flagman ---------------------------------------------------------------- PLUM0342-001 07/01/2023 ALAMEDA & CONTRA COSTA COUNTIES Rates Fringes PIPEFITTER CONTRA COSTA COUNTY.........$ 74.00 47.45 PLUMBER, PIPEFITTER, STEAMFITTER ALAMEDA COUNTY..............$ 74.00 47.45 ---------------------------------------------------------------- PLUM0355-004 07/01/2024 ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, STANISLAUS, AND TUOLUMNE COUNTIES: Rates Fringes Underground Utility Worker /Landscape Fitter...........$ 34.51 18.30 ---------------------------------------------------------------- PLUM0393-001 07/01/2021 SAN BENITO AND SANTA CLARA COUNTIES Rates Fringes PLUMBER/PIPEFITTER...............$ 68.76 46.63 483 CC 02-04-2025 483 of 985 ---------------------------------------------------------------- PLUM0442-001 07/01/2024 CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE COUNTIES Rates Fringes PLUMBER & STEAMFITTER............$ 54.05 36.99 ---------------------------------------------------------------- PLUM0467-001 07/01/2024 SAN MATEO COUNTY Rates Fringes Plumber/Pipefitter/Steamfitter...$ 83.75 40.65 ---------------------------------------------------------------- ROOF0027-002 01/01/2024 FRESNO, KINGS, AND MADERA COUNTIES Rates Fringes ROOFER...........................$ 42.51 16.11 FOOTNOTE: Work with pitch, pitch base of pitch impregnated products or any material containing coal tar pitch, on any building old or new, where both asphalt and pitchers are used in the application of a built-up roof or tear off: $2.00 per hour additional. ---------------------------------------------------------------- ROOF0040-002 08/01/2024 SAN FRANCISCO & SAN MATEO COUNTIES: Rates Fringes ROOFER...........................$ 55.30 22.97 ---------------------------------------------------------------- ROOF0081-001 08/01/2023 ALAMEDA AND CONTRA COSTA COUNTIES: Rates Fringes Roofer...........................$ 52.47 22.31 ---------------------------------------------------------------- ROOF0081-004 08/01/2024 484 CC 02-04-2025 484 of 985 CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: Rates Fringes ROOFER...........................$ 49.65 22.19 ---------------------------------------------------------------- ROOF0095-002 08/01/2023 MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES: Rates Fringes ROOFER Bitumastic, Enameler, Coal Tar, Pitch and Mastic worker......................$ 57.17 21.51 Journeyman..................$ 53.17 21.51 Kettle person (2 kettles)...$ 55.17 21.51 ---------------------------------------------------------------- SFCA0483-001 08/01/2024 ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES: Rates Fringes SPRINKLER FITTER (FIRE)..........$ 79.13 38.51 ---------------------------------------------------------------- SFCA0669-011 01/01/2024 CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS AND TUOLUMNE COUNTIES: Rates Fringes SPRINKLER FITTER.................$ 44.32 27.83 ---------------------------------------------------------------- SHEE0104-001 07/01/2020 AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO, SANTA CLARA AREA 2: MONTEREY & SAN BENITO AREA 3: SANTA CRUZ 485 CC 02-04-2025 485 of 985 Rates Fringes SHEET METAL WORKER AREA 1: Mechanical Contracts under $200,000.............$ 55.92 45.29 All Other Work.............$ 64.06 46.83 AREA 2......................$ 52.90 36.44 AREA 3......................$ 55.16 34.18 ---------------------------------------------------------------- SHEE0104-003 07/01/2021 CALAVERAS AND SAN JOAQUIN COUNTIES: Rates Fringes SHEET METAL WORKER...............$ 44.34 39.22 ---------------------------------------------------------------- SHEE0104-005 07/01/2021 MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES: Rates Fringes SHEET METAL WORKER (Excluding metal deck and siding)...........$ 41.28 45.41 ---------------------------------------------------------------- SHEE0104-007 07/01/2021 FRESNO, KINGS, AND MADERA COUNTIES: Rates Fringes SHEET METAL WORKER...............$ 44.07 40.79 ---------------------------------------------------------------- SHEE0104-015 07/01/2020 ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES: Rates Fringes SHEET METAL WORKER (Metal Decking and Siding only).........$ 44.45 35.55 ---------------------------------------------------------------- SHEE0104-018 07/01/2020 CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: 486 CC 02-04-2025 486 of 985 Rates Fringes Sheet metal worker (Metal decking and siding only).........$ 44.45 35.55 ---------------------------------------------------------------- TEAM0094-001 07/01/2024 Rates Fringes Truck drivers: GROUP 1.....................$ 41.54 33.25 GROUP 2.....................$ 41.84 33.25 GROUP 3.....................$ 42.14 33.25 GROUP 4.....................$ 42.49 33.25 GROUP 5.....................$ 42.84 33.25 FOOTNOTES: Articulated dump truck; Bulk cement spreader (with or without auger); Dumpcrete truck; Skid truck (debris box); Dry pre-batch concrete mix trucks; Dumpster or similar type; Slurry truck: Use dump truck yardage rate. Heater planer; Asphalt burner; Scarifier burner; Industrial lift truck (mechanical tailgate); Utility and clean-up truck: Use appropriate rate for the power unit or the equipment utilized. TRUCK DRIVER CLASSIFICATIONS GROUP 1: Dump trucks, under 6 yds.; Single unit flat rack (2- axle unit); Nipper truck (when flat rack truck is used appropriate flat rack shall apply); Concrete pump truck (when flat rack truck is used appropriate flat rack shall apply); Concrete pump machine; Fork lift and lift jitneys; Fuel and/or grease truck driver or fuel person; Snow buggy; Steam cleaning; Bus or personhaul driver; Escort or pilot car driver; Pickup truck; Teamster oiler/greaser and/or serviceperson; Hook tender (including loading and unloading); Team driver; Tool room attendant (refineries) GROUP 2: Dump trucks, 6 yds. and under 8 yds.; Transit mixers, through 10 yds.; Water trucks, under 7,000 gals.; Jetting trucks, under 7,000 gals.; Single-unit flat rack (3-axle unit); Highbed heavy duty transport; Scissor truck; Rubber-tired muck car (not self-loaded); Rubber-tired truck jumbo; Winch truck and ""A"" frame drivers; Combination winch truck with hoist; Road oil truck or bootperson; Buggymobile; Ross, Hyster and similar straddle carriers; Small rubber-tired tractor GROUP 3: Dump trucks, 8 yds. and including 24 yds.; Transit mixers, over 10 yds.; Water trucks, 7,000 gals. and over; 487 CC 02-04-2025 487 of 985 Jetting trucks, 7,000 gals. and over; Vacuum trucks under 7500 gals. Trucks towing tilt bed or flat bed pull trailers; Lowbed heavy duty transport; Heavy duty transport tiller person; Self- propelled street sweeper with self-contained refuse bin; Boom truck - hydro-lift or Swedish type extension or retracting crane; P.B. or similar type self-loading truck; Tire repairperson; Combination bootperson and road oiler; Dry distribution truck (A bootperson when employed on such equipment, shall receive the rate specified for the classification of road oil trucks or bootperson); Ammonia nitrate distributor, driver and mixer; Snow Go and/or plow GROUP 4: Dump trucks, over 25 yds. and under 65 yds.; Water pulls - DW 10's, 20's, 21's and other similar equipment when pulling Aqua/pak or water tank trailers; Helicopter pilots (when transporting men and materials); Lowbedk Heavy Duty Transport up to including 7 axles; DW10's, 20's, 21's and other similar Cat type, Terra Cobra, LeTourneau Pulls, Tournorocker, Euclid and similar type equipment when pulling fuel and/or grease tank trailers or other miscellaneous trailers; Vacuum Trucks 7500 gals and over and truck repairman GROUP 5: Dump trucks, 65 yds. and over; Holland hauler; Low bed Heavy Duty Transport over 7 axles ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including 488 CC 02-04-2025 488 of 985 preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and 489 CC 02-04-2025 489 of 985 the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. State Adopted Rate Identifiers Classifications listed under the ""SA"" identifier indicate that the prevailing wage rate set by a state (or local) government was adopted under 29 C.F.R �1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 01/03/2024 reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can 490 CC 02-04-2025 490 of 985 be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ 491 CC 02-04-2025 491 of 985 END OF GENERAL DECISION" 492 CC 02-04-2025 492 of 985 CITY COUNCIL STAFF REPORT SUPPLEMENTAL 1 Meeting: January 22, 2025 Agenda Item #8 Subject Award a construction contract to Golden Bay Construction in the amount of $1,569,798, approve a first amendment to the design services contract with Pakpour Consulting Group to increase the contract by $96,620 for a total not-to-exceed contract amount of $310,483 and approve a budget modification in the amount of $1,500,000 for the Stevens Creek Boulevard Class IV Bike Lane Project. Recommended Action 1. Award a construction contract for the Stevens Creek Boulevard Class IV Bike Lane Phase 2A Project (budget unit 420-99-036, project number 2022-15) in the amount of $1,569,798 to Golden Bay Construction, Inc.; 2. Authorize the City Manager to execute the construction contract with Golden Bay Construction, Inc. when all conditions have been met; 3. Authorize the Director of Public Works to execute any necessary construction change orders up to a construction contingency amount of $156,980 (10%) for a total contract amount of $1,726,778; 4. Authorize the City Manager to amend the Design Services Contract with Pakpour Consulting Group to increase the amount by $96,620 for a total not-to- exceed contract amount of $310,483 for the 2022-11 Stevens Creek Boulevard Class IV Bike Lane Phase 2B Design Project; and 5. Adopt Resolution No. 25-XXX approving budget modification #2425-377, approving an increase of grant revenue estimates of $1,500,000 and a transfer out of $693,000. This includes an increase of $807,000 in Federal grant funds and a transfer of $693,000 in SB1 Grant Funds from the Transportation Fund (270-85- 821) into the Capital Improvement Program Capital Project Fund (420-99-036). Staff’s responses to questions received from councilmember are shown in italics. 493 CC 02-04-2025 493 of 985 Q1: URL and Map (Chao) Q1-1: Could the staff please include a link to the City website for this project in future staff reports? https://www.cupertino.gov/Your- City/Departments/Public-Works/Transportation-Mobility/Projects/Stevens- Creek-Boulevard-Class-IV-Bikeway (Chao) Staff response: Yes, future staff reports will include a link to the City’s project website when available. Q1-2: Could the staff please include a map to show the phases of this project? I truly appreciate the detailed timeline for this project in the staff report with the dates of each council meeting when a portion of this project was approved. But in order to find out what is Phase 2A or Phase 2B, it took me a while .... I did not find it out until I read the entire timeline in details. But a map would have saved the reader a lot of time. (Chao) Staff response: Yes, future staff reports will include maps, if necessary, to clarify locations. Q2: What kind of separators: Concrete separators or bollards? (Chao) Staff response: These are concrete separators. Q2-1: Will the Class IV Bike Lane in Phase 2 include concrete separators, as in McClellan Road, or the bollards, as in Phase 1 in Stevens Creek? I did not find the answer in the staff report. A Google search results in: "A Class IV bikeway, also called a "separated bikeway," is a bicycle facility on a street that is physically separated from vehicle traffic by a vertical barrier like a curb, bollards, planters, or other elements, essentially creating a protected bike lane 494 CC 02-04-2025 494 of 985 where only cyclists can use the space." Please provide a picture of the kind of separators that will be used. A picture is worth a thousand words. (Chao) Staff response: Concrete buffers will be constructed, identical to those currently installed on Stevens Creek Blvd. between Wolfe Road and Tantau Ave. A picture is shown below. Q2-2: Since the design for 2A and 2B are complete, I thought perhaps I can answer Q2-3 (what kind of separators) by looking at the design. But I could not find the design from the website nor the agenda packet. Please provide the design of 2A and 2B, which this agenda item refers to. (Chao) Staff response: The design plans for Phase 2A are available on our business opportunities webpage at https://apps.cupertino.org/details/745. The design plans for Phase 2B are 95% complete but will use the same concrete separators. Q3: Impact on vehicle flow Thank you for confirming that "No vehicle lanes are being removed or repurposed as a part of this project." Would there be any other change that affects vehicle flows? Such as making some lanes right turn only or restricting time intervals for right turns or restricting right turns? Since they have happened in other intersections as bike paths are added, the public would 495 CC 02-04-2025 495 of 985 likely wish to know it ahead of time. Perhaps, the answers might be in the design of 2A and 2B? (Chao) Staff response: No lanes will be converted to right-turn only, nor will there be any restriction prohibiting right turns on red. Similar to the current configuration along Stevens Creek Blvd. between Wolfe Rd and Tantau Ave, concrete buffers will prevent right-turning vehicles from using the bike lane for right turns at all intersections. Additionally, similar to the current operation for westbound Stevens Creek Blvd at Wolfe, there will be a dedicated traffic signal phase for bicyclists crossing at De Anza Blvd, and right turns for vehicles from Stevens Creek Blvd. onto De Anza Blvd will be prohibited only when a bicycle is crossing and the bike signal phase is active. Q4: Public input and engagement Thank you for the detailed timeline with dates for Council meetings for budget approval. On what dates the design for Stage 2A and 2B are reviewed/approved by the Bike and Ped Commission? On what dates the design for Stage 2A and 2B are approved by the Council? On what dates the design for Stage 2A and 2B were presented to the public at any community meeting? (Chao) Staff response: Phase 2A and 2B design was reviewed in detail by the Bike and Pedestrian Commission on January 22, 2022 and July 20, 2022. No motions were made at these meetings. Status update on the project was provided to the Bike and Pedestrian Commission at the February 22, 2023 meeting. There was no separate dedicated community meeting for this project. Q5: The Contract (included as Attachment A) does not include the Scope of Work, which makes this contract incomplete since I cannot tell from the contract what exactly is included. The contract stated "Contractor will perform all of the Work required for the Project, as specified in the Contract Documents". But the "Contract Documents" is not included, it seems. For comparison, the Agreement for Item 9 for Community Hall equipment upgrade includes the "contract documents" or the "bid proposal", which includes the Scope of Work, the timeline of phases etc. (Chao) Staff response: The project plans and specifications are included as part of the contract documents that were linked in the staff report. Those documents are available on our business opportunities webpage at https://apps.cupertino.org/details/745. Q6: Thank you for including a link to the bid documents. But it requires a login for some contractor to access the documents. Please provide a link to the city storage or archive without any login. 496 CC 02-04-2025 496 of 985 (I thought perhaps I could find out the answer for what kind of separators from the bid documents... But I cannot access it.) (Chao) Staff response: A login is required. Sign up for the website is free. A contractor’s license is not necessary, and interested parties can toggle the button to remove the contractor’s license requirement. Q7: What would be the difference in costs between the different options for separators? Concrete, bollards, or other options? (Chao) Staff response: Concrete separators are significantly more expensive than plastic bollards but do provide a higher level of protection. Q8: Thank you for the detailed project budget table. Appreciate it! But it took me a while to comprehend it. Here is what I derived from the tables: • The City has budgeted $2.5M in total for the design of 2A and 2B and the construction of Stage 2B. • With this contract from this agenda item of $1.5M (+ 10% contingency) + $185k (construction management, which is about 12% of $1.5M), the total expenses would be $2.22M, which is under the budgeted $2.5M. • The project cost would also be covered by two grants, totaling $1.62M. • Thus, the actual cost to the city is $2.22M - $1.62M = $0.6M. Is my understanding correct? (Chao) Staff response: The City has budgeted $2.5M in total for the design of Phase 2A and 2B and the Construction of Phase 2A. To date, the total expenditures add up to approximately $2.22M. The two grants total $1.5M (with a required local match of 497 CC 02-04-2025 497 of 985 $125,000). The actual cost to the City for design of 2A and 2B, and for construction of 2A, is estimated at approximately $722,261. Q9: About Phase 2B (Chao) Q9-1: The staff report states "Staff will complete Phase 2B design and will pursue proposals for construction of Phase 2B in 2026. Staff will return to City Council for necessary budget requests for Phase 2B after construction bids are received for that phase." I thought the design for both 2A and 2B are complete, according to the staff report? (Chao) Staff response: The design for Phase 2B is 95% complete. Some additional underground investigatory work is needed to verify that there are no conflicts with underground utilities. This upfront investigative work will minimize the potential for costly change orders during construction. Q9-2: The process for Phase 2A was that the budget of $2M was approved for the construction of 2A BEFORE it went out for bid. I am just curious why the budget requests for 2B would be made AFTER construction bids are received? (Chao) Staff response: Staff currently has funds to finalize the design of Phase 2B, which will allow for the project to be bid. Current construction estimates for Phase 2B are $1.6M, but staff believes it is practical to ascertain actual costs prior to requesting funds for construction. This will help to reduce the potential for multiple requests for funding for this phase. Q10: When the contract for amend the design for the Stevens Creek Bike Lane project is awarded, is there an opportunity for your staff to review the actual design of the barriers re: protected bike lanes? The staff report says there will be no change in auto lanes or even existing bike lanes which currently are unprotected. My concern is twofold: One, having wide concrete barriers, similar to McClellan, creates a visual and apparent restriction to auto drivers, and two, it does not promote the aesthetic look of the entire street. Is there a way to have more narrow concrete barriers - which will provide protection to cyclists and at the same time maintain the 'look' of the street? (Mohan) Staff response: Yes, staff reviewed the design of the barriers and verified that the design matched the existing barriers located on Stevens Creek Blvd, between Wolfe Road and Tantau Ave. 498 CC 02-04-2025 498 of 985 There will be no narrowing of any vehicle lanes. However, there will be some modifications at intersections to enhance the safety of bicyclists and pedestrians (similar to the intersection at Wolfe and Stevens Creek). This project consists mainly of placing concrete barriers within the area that is currently buffered. The barriers are 18” wide, and the area between the existing solid lines of the buffers is generally 18” wide. The concrete barriers are identical to the existing barriers on Stevens Creek Boulevard, between Tantau Ave. and Wolfe Rd. The width of the concrete barriers is determined by the need to ensure the barriers remain intact after impacts from vehicles, as well as provide sufficient physical protection for bicyclists. Attachments Provided with Original Staff Report: A. Draft Construction Contract B. Draft Resolution 499 CC 02-04-2025 499 of 985 CITY COUNCIL STAFF REPORT DESK ITEM Meeting: January 22, 2025 Agenda Item #8 Subject Award a construction contract to Golden Bay Construction in the amount of $1,569,798, approve a first amendment to the design services contract with Pakpour Consulting Group to increase the contract by $96,620 for a total not-to-exceed contract amount of $310,483 and approve a budget modification in the amount of $1,500,000 for the Stevens Creek Boulevard Class IV Bike Lane Project. Recommended Action 1. Award a construction contract for the Stevens Creek Boulevard Class IV Bike Lane Phase 2A Project (budget unit 420-99-036, project number 2022-15) in the amount of $1,569,798 to Golden Bay Construction, Inc.; 2. Authorize the City Manager to execute the construction contract with Golden Bay Construction, Inc. when all conditions have been met; 3. Authorize the Director of Public Works to execute any necessary construction change orders up to a construction contingency amount of $156,980 (10%) for a total contract amount of $1,726,778; 4. Authorize the City Manager to amend the Design Services Contract with Pakpour Consulting Group to increase the amount by $96,620 for a total not-to- exceed contract amount of $310,483 for the 2022-11 Stevens Creek Boulevard Class IV Bike Lane Phase 2B Design Project; and 5. Adopt Resolution No. 25-XXX approving budget modification #2425-377, approving an increase of grant revenue estimates of $1,500,000 and a transfer out of $693,000. This includes an increase of $807,000 in Federal grant funds and a transfer of $693,000 in SB1 Grant Funds from the Transportation Fund (270-85- 821) into the Capital Improvement Program Capital Project Fund (420-99-036). Background: Staff’s responses to questions received from councilmember are shown in italics. 500 CC 02-04-2025 500 of 985 Q7-1: The answer to Q7 is incomplete. I'd like to know the difference in costs specifically. And the difference in installation time. Q7: What would be the difference in costs between the different options for separators? Concrete, bollards, or other options? (Chao) Staff response: Concrete separators are significantly more expensive than plastic bollards but do provide a higher level of protection. Staff response: The difference in cost between the concrete barriers and the flexible bollards (purchased and installed) is approximately 6-times. For Phase 2A, the cost of the concrete barriers installed is approximately $336,000 (about 20% of the project cost). Taking the approximate 6X difference in cost, replacing the barriers with flexible bollards would reduce this cost to an estimated $56,000. Q-11: Please provide the contract documents as attachments, since it is unreasonable to require login for documents for a public meeting. Staff response: The contract documents have been attached to this desk item. Please note that it takes approximately 30 minutes of staff time to perform all of the actions necessary to add these contract documents to an agenda, which includes but is not limited to compiling the documents, ensuring the files are formatted correctly, and uploading these documents to Legistar. As the City brings numerous contracts to City Council annually, this additional effort takes a considerable amount of staff time. As staffing resources are limited, links have been provided to where the information is hosted. Q-12: I am interested to know whether we would be able to cover both 2A and 2B with the current funding if we use bollards, rather than concrete separators. This way we can improve safety on Stevens Creek Blvd much faster and be able to implement more bike paths to provide more protection to bicyclists. (Chao) Staff response: No, the City would not be able to cover the cost of construction for both Phase 2A and 2B by changing the buffer materials from concrete barriers to flexible bollards. Attachments Provided with Original Staff Report: A. Draft Construction Contract B. Draft Resolution 501 CC 02-04-2025 501 of 985 Attachments Provided with Supplemental 1: None Additional Attachments Provided with Desk Item: C. Contract Documents 502 CC 02-04-2025 502 of 985 CITY OF CUPERTINO Agenda Item 24-13488 Agenda Date: 2/4/2025 Agenda #: 10. Subject: Award of a design-build contract to Syserco Energy Solutions for $4,339,881 and award a project management and construction management agreement to 4Leaf, Inc. for $225,000 for the Photovoltaic Systems Design and Installation Capital Improvement Programs Project. 1. Award a design-build contract for the Photovoltaic Systems Design and Installation Project (budget unit 420-99-274) in the amount of $3,939,881 with Syserco Energy Solutions, Inc., as the Design-Build Entity. 2. Authorize the City Manager to execute the design-build contract with Syserco Energy Solutions, Inc. with substantially similar terms as those in the draft contract in Attachment A, when all conditions have been met. 3. Authorize the Director of Public Works to execute any necessary change orders up to a contingency amount of $400,000 (approximately 10%) for a total contract amount of $4,339,881. 4. Authorize the City Manager to execute a professional services agreement with 4Leaf, Inc. for project and construction management services, for a total not-to-exceed contract amount of $225,000. CITY OF CUPERTINO Printed on 1/28/2025Page 1 of 1 powered by Legistar™503 CC 02-04-2025 503 of 985 1 CITY COUNCIL STAFF REPORT Meeting: February 4, 2025 Subject Award of a design-build contract to Syserco Energy Solutions for $4,339,881 and award a project management and construction management agreement to 4Leaf, Inc. for $225,000 for the Photovoltaic Systems Design and Installation Capital Improvement Programs Project. Recommended Action 1. Award a design-build contract for the Photovoltaic Systems Design and Installation Project (budget unit 420-99-274) in the amount of $3,939,881 with Syserco Energy Solutions, Inc., as the Design-Build Entity. 2. Authorize the City Manager to execute the design-build contract with Syserco Energy Solutions, Inc. with substantially similar terms as those in the draft contract in Attachment A, when all conditions have been met. 3. Authorize the Director of Public Works to execute any necessary change orders up to a contingency amount of $400,000 (approximately 10%) for a total contract amount of $4,339,881. 4. Authorize the City Manager to execute a professional services agreement with 4Leaf, Inc. for project and construction management services, for a total not-to- exceed contract amount of $225,000. Executive Summary On October 1, 2024, the City Council authorized the procurement of a design-build contract for the Capital Improvement Program (CIP) Photovoltaic (PV) Systems Design and Installation Project (Project). A competitive process was undertaken, including a Request for Qualifications (RFQ) to generate a short list of qualified proposers, with a Request for Proposals (RFP) subsequently issued to the firms on the pre-qualified list. The City Council is being asked to approve the award of a design-build contract to the most qualified Design-Build Entity. A competitive process was also performed to determine the most qualified Construction Management firm. The City Council is being asked to approve the execution of an agreement with that firm to provide construction management services for the project. 504 CC 02-04-2025 504 of 985 2 Reasons for Recommendation The Net Energy Metering (NEM) program is administered by the California Public Utilities Commission (CPUC) which provides credits to a building’s utility bill for generating excess electricity and feeding the excess back into the electrical system. Accounts with NEM ratings are guaranteed these credits over a 20-year period. In 2023, Pacific Gas & Electric (PG&E) announced a rate decrease for electricity generated by PV systems NEM 3 but provided a window to allow for “grandfathering” of the more economically attractive NEM 2.0 rates, if interconnection applications are successfully submitted by the deadline and the corresponding PV systems are installed and operational by April 2026. The NEM 2.0 interconnection applications were successfully submitted to PG&E for five City of Cupertino facilities. This Project aims to design and build PV systems at three of the five locations. The NEM 2.0 projects must be completed by April 15, 2026, to receive the incentive, otherwise the NEM 3.0 program would be applied to these properties. The NEM 2.0 rates provide 75 - 80% greater compensation than NEM 3 rates for electricity that is generated and fed back into the electrical system. The savings in utility costs for the three proposed sites are projected to be approximately $276,000 annually, and $13 million over a 30-year lifespan. The Project was initially approved in June 2024 as part of the Fiscal Year (FY) 2024-25 annual CIP budget (see Attachment C). The City Council authorized the procurement of a design-build contract for the Project on October 1, 2024. The conceptual design was approved by the City Council on December 3, 2024, for the following City locations:  Community Hall  Cupertino Sports Center  Quinlan Community Center Pursuant to California Public Contract Code section 22160 et seq., the approved delivery process for the Project is design-build, instead of conventional design-bid-build project delivery. Design-build delivery involves contracting with a single entity known as the Design-Build Entity (DBE) for both design and construction of the project. The Public Contract Code allows for the selection of the DBE using “best value” procurement, which allows the review panel to consider factors such as quality and experience in addition to price. Design-Build Contract In October 2024, an RFQ for the design-build contract for the Project was publicly posted and publicly noticed. The RFQ documents issued by the City are available at https://apps.cupertino.org/details/727. On October 31, 2024, submittals were received from the following companies:  Endelos Construction, LLC/Endelos Energy, Inc.  Mesa Energy Systems, Inc./Emcor Services 505 CC 02-04-2025 505 of 985 3  Sustainable Living Builders, Inc.  Syserco Energy Solutions, Inc.  Engie Services U.S., Inc. The Public Works Department reviewed the statements of qualifications from these companies and determined that three firms were qualified to meet the requirements of the Project. The RFP was issued to Endelos, Syserco, and Mesa in November 2024 (see Attachment D). On December 27, Syserco and Mesa submitted proposals. A thorough review of the submittals, including an interview with both firms, was conducted. The review panel evaluated criteria identified in the RFP and determined Syserco Energy Solutions, Inc.’s proposal and subsequent interview information represented the best value to the City. Staff recommends awarding the design-build contract to Syserco Energy Solutions, Inc., for the contract amount of $3,939,881 and to include an approximate 10% project contingency in the amount of $400,000, for a total contract amount not to exceed $4,339,881. The project contingency covers costs that may be incurred due to unforeseen circumstances and is a typical contracting best practice for design and construction contracts. Refer to Attachment A to view the draft design-build contract. Project and Construction Management Services Contract On January 15, an RFP was publicly posted on the City’s Business Opportunities webpage (https://apps.cupertino.org/details/767), in search of firms qualified to perform Project and Construction Management services for the Project. The City does not make a practice of distributing the RFP responses prior to completion of the contract negotiation process. The scope of work is to provide project management throughout all phases of the DBE’s scope of work. Proposals were received from five firms on January 27, After reviewing the submittals, staff determined 4LEAF, Inc. to be the highest-rated proposer and negotiation of an agreement is underway. Staff recommends awarding the professional services contract to 4LEAF, Inc., for a total not-to-exceed contract amount of $225,000 (see Attachment B.) Next Steps If approved, the DBE will begin design phase services in February 2025, with the construction completion date in April 2026. If this item is not approved, the City will be unable to meet the NEM 2.0 deadline requirements and thus will not proceed with a PV Project at this time. Neither the DBE contract nor the PM/CM contract would be executed. Sustainability Impact The City's Climate Action Plan has explicit goals for the commercial sector to reduce natural gas usage (BE-3) and support resiliency by encouraging commercial battery 506 CC 02-04-2025 506 of 985 4 storage and solar panel installations (BE-7). This Project would (a) model these goals for our community, (b) save the City money, (c) improve the local air-quality and (d) can serve as the basis of a future microgrid plan providing local power resilience in the case of emergencies. Fiscal Impact The PV Project budget (420-99-274) has a total City-funded approved project budget of $6,300,000. The total expenditures after completion of the project are estimated to be $4,624,491, with remaining funds of $1,675,509. Fiscal Summary Table Current Funding Status (Budget) Amount City Approved Funds - FY 25 $6,300,000 Projected Funding Impact (Expenses) Amount Encumbrances to date (Conceptual Design) ($59,610) Construction Contract ($3,939,881 base contract and $400,000 contingency) – This Action ($4,339,881) Construction Management ($225,000) Subtotal: ($4,624,491) Summary Amount Current Project Budget (420-99-036) $6,300,000 Projected Funding Impact ($4,624,491) Remaining Funds: $1,675,509 The City will apply for the Inflation Reduction Act (IRA) Direct Pay credit at the end of the project. If the application is successful, the rebate will cover 30% of the cost of the PV system installation. The project will also pursue the “Build America Buy America Act” (BABAA) domestic content bonus credit program for energy projects, which could return an additional 10% to the City. The BABAA bonus credit requires that the project use a specified percentage of domestically produced steel, iron, and manufactured products. The revenue from either of these rebate programs is not guaranteed. However, these IRA credits are potentially at risk. At this time, President Trump has paused all funding disbursements for projects funded by the Inflation Reduction Act. Any disbursements are currently required to receive specific approval from the federal government. City Work Program (CWP) Item: No CWP Item Description: N/A Council Goal: N/A 507 CC 02-04-2025 507 of 985 5 California Environmental Quality Act (CEQA) The project is categorically exempt from CEQA, CEQA Guidelines section 15301(existing facilities) and section 15303 (construction of small structures), and/or statutorily exempt under Public Resources Code section 21080.35 (installation of solar energy systems). _____________________________________ Prepared by: Susan Michael, CIP Manager Reviewed by: Chad Mosley, Director of Public Works Reviewed by: Chris Jensen, City Attorney Reviewed by: Tina Kapoor, Deputy City Manager Approved for Submission by: Pamela Wu, City Manager Attachments: A – Draft Design-Build Contract B – Draft Professional Services Agreement C - FY 24-25 CIP Project Narratives Excerpt D – RFP for Design-Build Entity 508 CC 02-04-2025 508 of 985 PUBLIC WORKS DEPARTMENT • 10300 TORRE AVENUE • CUPERTINO, CALIFORNIA 95014 DESIGN-BUILD CONTRACT DOCUMENTS FOR THE CUPERTINO PHOTOVOLTAIC SYSTEMS DESIGN AND INSTALLATION PROJECT CIP PROJECT NUMBER 2025-02 REVIEWED BY: _______________________________________ Susan Michael, RA, LEED AP, Capital Improvement Programs Manager APPROVED BY: _______________________________________ Chad Mosley, PE, Director of Public Works & City Engineer Attachment A 509 CC 02-04-2025 509 of 985 PROJECT DIRECTORY Project Name: Cupertino Photovoltaic Systems Design and Installation project Cupertino project numbers: G.L. NWS CIP 420-99-274 FVAR 004 2025-02 Project Locations: Facility Address APN 1 Quinlan Community Center 10185 N Stelling Rd. Cupertino, CA 95014 326 54 041 2 Cupertino Sports Center 21111 Stevens Creek Blvd. Cupertino, CA 95014 326 29 022 3 Community Hall 10350 Torre Avenue, Cupertino, CA 95014 369 31 033 Project Manager: City of Cupertino Susan Michael, CIP Manager Public Works Department 10300 Torre Avenue Cupertino, CA 95014 PH: 408-777-3354 FAX: 408-777-3333 e-mail: SusanM@cupertino.gov Address for Stop Notices: City of Cupertino Susan Michael, CIP Manager Public Works Department 10300 Torre Avenue Cupertino, CA 95014 PH: 408-777-3354 FAX: 408-777-3333 e-mail: SusanM@cupertino.gov 510 CC 02-04-2025 510 of 985 i CUPERTINO PHOTOVOLTAIC SYSTEMS DESIGN AND INSTALLATION PROJECT TABLE OF CONTENTS TABLE OF CONTENTS .................................................................................................................... i Design-Build Contract ...................................................................................................................... 1 1. Contract Documents. ....................................................................................................... 1 2. Definitions. ....................................................................................................................... 2 3. DBE’s Responsibilities. ................................................................................................... 2 4. Payment. ......................................................................................................................... 2 5. Time for Completion. ....................................................................................................... 2 6. Liquidated Damages. ...................................................................................................... 2 7. Labor Code Compliance.................................................................................................. 2 8. Workers’ Compensation Certification. ............................................................................. 3 9. Conflicts of Interest. ......................................................................................................... 3 10. Independent Contractor................................................................................................... 3 11. Notice. ............................................................................................................................. 4 12. General Provisions. ......................................................................................................... 4 Payment Bond ................................................................................................................................. 7 Performance Bond ........................................................................................................................... 9 General Conditions ........................................................................................................................ 11 Article 1 – Definitions ..................................................................................................................... 11 Article 2 – Roles and Responsibilities ........................................................................................... 15 2.1 Relationship with City .................................................................................................... 15 2.2 Scope of Services ......................................................................................................... 15 2.3 Design Services. ........................................................................................................... 16 2.4 Construction Services ................................................................................................... 19 2.5 Subcontractors. ............................................................................................................. 22 2.6 Coordination of Work. .................................................................................................... 22 2.7 Submittals. ..................................................................................................................... 23 2.8 Shop Drawings .............................................................................................................. 24 2.9 Access to Work. ............................................................................................................ 25 2.10 Personnel. ..................................................................................................................... 25 Article 3 - Contract Documents ...................................................................................................... 25 3.1 Order of Precedence. .................................................................................................... 25 3.2 Bridging Documents. ..................................................................................................... 25 3.3 Caltrans Standard Specifications. (Not used.) .............................................................. 26 3.4 For Reference Only. ...................................................................................................... 26 3.5 Current Versions. .......................................................................................................... 26 3.6 Conformed Copies. ....................................................................................................... 26 Article 4 - Bonds, Indemnity, and Insurance .................................................................................. 26 4.1 Payment and Performance Bonds ................................................................................ 26 4.2 Indemnity and Liability ................................................................................................... 26 4.3 Insurance ....................................................................................................................... 27 Article 5 - Contract Time ................................................................................................................ 30 5.1 Time is of the Essence .................................................................................................. 30 5.2 Schedule Requirements ................................................................................................ 31 5.3 Delay and Extensions of Contract Time ........................................................................ 32 5.4 Liquidated Damages ..................................................................................................... 36 Article 6 - Contract Modification ..................................................................................................... 37 6.1 Contract Modification. .................................................................................................... 37 6.2 DBE Change Order Requests ....................................................................................... 38 6.3 Adjustments to Contract Price ....................................................................................... 39 6.4 Unilateral Change Order ............................................................................................... 39 6.5 Non-Compliance Deemed Waiver ................................................................................. 40 Article 7 - General Construction Provisions ................................................................................... 40 511 CC 02-04-2025 511 of 985 ii 7.1 Permits, Fees, Business License, and Taxes ............................................................... 40 7.2 Temporary Facilities ...................................................................................................... 40 7.3 Noninterference and Site-Management ........................................................................ 40 7.4 Signs .............................................................................................................................. 41 7.5 Project Site and Nearby Property Protections. ............................................................. 41 7.6 Materials and Equipment............................................................................................... 42 7.7 Testing and Inspection .................................................................................................. 44 7.8 Project Site Conditions and Maintenance ..................................................................... 45 7.9 Instructions and Manuals .............................................................................................. 47 7.11 Existing Utilities ............................................................................................................. 47 7.12 Notice of Excavation ...................................................................................................... 48 7.13 Trenching and Excavations of Four Feet or More. ........................................................ 48 7.14 Trenching of Five Feet or More ..................................................................................... 49 7.15 New Utility Connections ................................................................................................ 49 7.16 Lines and Grades. ......................................................................................................... 49 7.17 Historic or Archeological Items ...................................................................................... 49 7.18 Recycling and Waste Disposal. ..................................................................................... 49 7.19 Storm Water Pollution Control. ...................................................................................... 50 7.20 Traffic Control and Public Safety. .................................................................................. 58 7.21 Noise Control. ................................................................................................................ 59 7.22 Fire Protection Plan. ...................................................................................................... 59 7.23 Mined Materials. ............................................................................................................ 59 Article 8 - Payment ........................................................................................................................ 59 8.1 Payment. ....................................................................................................................... 59 8.2 Schedule of Values ....................................................................................................... 59 8.3 Progress Payments ....................................................................................................... 60 8.4 Adjustment of Payment Application .............................................................................. 61 8.5 Early Occupancy. .......................................................................................................... 62 8.6 Retention ....................................................................................................................... 62 8.7 Setoff. ............................................................................................................................ 62 8.8 Payment to Subcontractors and Suppliers .................................................................... 62 8.9 Final Payment ............................................................................................................... 63 8.10 Release of Claims ......................................................................................................... 63 8.11 Warranty of Title ............................................................................................................ 63 Article 9 - Labor Provisions ............................................................................................................ 63 9.1 Discrimination Prohibited............................................................................................... 63 9.2 Labor Code Requirements ............................................................................................ 63 9.3 Prevailing Wages .......................................................................................................... 64 9.4 Payroll Records ............................................................................................................. 64 9.5 Labor Compliance ......................................................................................................... 65 Article 10 - Safety Provisions ......................................................................................................... 65 10.1 Safety Precautions and Programs ................................................................................ 65 10.2 Hazardous Materials ..................................................................................................... 65 10.3 Material Safety .............................................................................................................. 66 10.4 Hazardous Condition ..................................................................................................... 66 Article 11 - Completion and Warranty Provisions .......................................................................... 66 11.1 Final Completion ........................................................................................................... 66 11.2 Warranty ........................................................................................................................ 67 11.3 Use Prior to Final Completion ....................................................................................... 68 11.4 Substantial Completion ................................................................................................. 68 Article 12 - Dispute Resolution ...................................................................................................... 69 12.1 Claims............................................................................................................................ 69 12.2 Claims Submission ........................................................................................................ 69 12.3 City’s Response ............................................................................................................ 71 12.4 Meet and Confer ............................................................................................................ 71 12.5 Mediation and Government Code Claims ..................................................................... 71 512 CC 02-04-2025 512 of 985 iii 12.6 Tort Claims .................................................................................................................... 72 12.7 Arbitration ...................................................................................................................... 72 12.8 Burden of Proof and Limitations .................................................................................... 72 12.9 Legal Proceedings ......................................................................................................... 72 12.10 Other Disputes .............................................................................................................. 72 Article 13 - Suspension and Termination ...................................................................................... 73 13.1 Suspension for Cause ................................................................................................... 73 13.2 Suspension for Convenience ........................................................................................ 73 13.3 Termination for Default .................................................................................................. 73 13.4 Termination for Convenience ........................................................................................ 75 13.5 Actions Upon Termination for Default or Convenience. ................................................ 75 Article 14 - Miscellaneous Provisions ............................................................................................ 76 14.1 Assignment of Unfair Business Practice Claims ........................................................... 76 14.2 Provisions Deemed Inserted ......................................................................................... 76 14.3 Waiver ........................................................................................................................... 76 14.4 Titles, Headings, and Groupings ................................................................................... 76 14.5 Statutory and Regulatory References ........................................................................... 77 Special Conditions ......................................................................................................................... 78 APPENDIX A: DAVIS – BACON ACT WAGE DETERIMINATION APPENDIX B: EXEMPLAR INSURANCE REQUIREMENTS 513 CC 02-04-2025 513 of 985 Photovoltaic Systems Design and Installation Project DESIGN-BUILD CONTRACT Project 2025-02 Page 1 Design-Build Contract This design-build contract (“Contract”) is entered into on this 5th day of February 2025 (“Effective Date”) by and between the City of Cupertino (“City”), a municipal corporation, and Syserco Energy Solutions, Inc. (“DBE”), a California corporation, for design and construction of the Photovoltaic Systems Design and Installation project (“Project”). RECITALS A. The Project involves design and construction of photovoltaic systems and related systems at three [3] sites owned by the City of Cupertino. B. Pursuant to § 22164 of the Public Contract Code, City issued a Request for Qualifications (“RFQ”), dated October 10, 2024, to qualify and short-list potential Design-Build Entities for the Project. C. Pursuant to § 22164 of the Public Contract Code, City issued a Request for Proposals (“RFP”), dated November 14, 2024, to short-listed Design-Build Entities, requesting proposals to provide the design-build services (“Services”) for the Project. D. DBE submitted its proposal (“Proposal”) on December 27, 2024 in response to the RFP. City’s evaluation panel determined that DBE’s Proposal offered the best value to the City. E. On February 4, 2025 the City Council awarded the Contract for the Project to DBE and authorized the City to enter into this Contract with DBE. F. City has awarded the Contract for the Project to DBE in reliance on DBE’s representations and qualifications in response to the RFQ and DBE’s Proposal and based on City’s determination that DBE’s Proposal offers the best value under the criteria set forth in the RFP. TERMS AND CONDITIONS The parties agree as follows: 1. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below, all of which are incorporated herein. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract. 1.1 RFP and three addenda; 1.2 RFP Submittal Proposal and attachments; 1.3 Contract; and any duly authorized and executed amendments thereto; 1.4 Bridging Documents; 1.5 City of Cupertino Standard Details; 1.6 Payment and Performance Bonds; 1.7 List of Subcontractors 1.8 General Conditions; 1.9 Special Conditions; 1.10 City-approved Bridging Documents 1.11 PG&E Interconnection Permit Applications for the three sites: Quinlan Community Center, Cupertino Sports Center, Community Hall. 1.12 Change Orders, duly authorized and executed, if any; 514 CC 02-04-2025 514 of 985 Photovoltaic Systems Design and Installation Project DESIGN-BUILD CONTRACT Project 2025-02 Page 2 1.13 Notice of Potential Award; 1.14 Notice to Proceed with Design Services; and 1.15 Notice to Proceed with Construction Services. 2. Definitions. 2.1 Defined Terms. Capitalized terms that are used in this Contract or elsewhere in the Contract Documents that are not otherwise defined have the same meanings provided for those terms in Article 1 of the General Conditions. 2.2 For Reference Only. The following documents are provided or made available to the DBE “For Reference Only,” as specified in Section 3.5 of the Contract General Conditions: Facility Record drawings, attached to the 11/14/2024 RFP as Appendix E 3. DBE’s Responsibilities. DBE is responsible for providing the Services necessary to design and construct the Project as required by the Contract Documents. DBE must exercise reasonable skill and judgment in the performance of the Services. DBE must provide, furnish, and supply all services and things necessary and incidental for the timely design, performance and completion of the Project, including provision of all necessary labor, materials, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. DBE must use its best efforts to provide the Services in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. 4. Payment. 4.1 Contract Price. As full and complete compensation for DBE’s timely performance and completion of the Project in strict accordance with the terms and conditions of the Contract Documents, City will pay DBE a lump sum price of $3,939,881.00 (“Contract Price”), which consists of the following components: (A) Design Services. For complete and satisfactory performance of the Design Services, City will pay DBE $197,297.00. (B) Construction Services. For complete and satisfactory performance of the Construction Services, City will pay DBE $3,669,145. 4.2 Scope and Limitations. The Contract Price includes all applicable federal, state, and local taxes and is fully inclusive of all direct and indirect costs, overhead, and profit. The Contract Price is not subject to adjustment due to inflation or due to the increased cost of labor, material, or equipment after the Effective Date. 5. Time for Completion. DBE will achieve Final Completion of the Project prior to April 10, 2026 (“Contract Time”). By signing below, DBE expressly waives any claim for delayed early completion. 6. Liquidated Damages. If DBE fails to achieve Final Completion within the Contract Time, City will assess liquidated damages in the amount of $1500 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to DBE under this Contract. Refer to General Conditions Section 5.4 “Liquidated Damages” for additional information. 7. Labor Code Compliance. 7.1 General. The Construction Services, as defined in Article 1 of the General Conditions, are subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working 515 CC 02-04-2025 515 of 985 Photovoltaic Systems Design and Installation Project DESIGN-BUILD CONTRACT Project 2025-02 Page 3 hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions. 7.2 Prevailing Wages. The Construction Services are subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are on file with the City and available online at http://www.dir.ca.gov/DLSR. 7.3 DIR Registration. DBE, members of its Design-Build Team providing Construction Services, and its Subcontractors, and any other business entity or individual providing Construction Services for the Project, must be registered with the California Department of Industrial Relations (“DIR”) to perform public work pursuant to Labor Code § 1725.5. The Construction Services under this Contract are subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code § 1771.4. 7.4 Skilled and Trained Workforce. By executing this Contract, DBE is providing an enforceable commitment pursuant to Public Contract Code § 2602 and § 22614(c), that a “skilled and trained workforce,” as that term is defined in Public Contract Code § 2601, will be used to complete all Services on the Project that fall within an apprenticeable occupation in the building and construction trades, in accordance with Public Contract Code § 2600 et seq. DBE, members of the Design-Build Team providing Construction Services, and Subcontractors of every tier will comply with these requirements. DBE will provide City with a monthly report while the Project is being constructed evidencing that the DBE, its Design-Build Team (as applicable), and Subcontractors are complying with this requirement. 8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, DBE certifies as follows: “I am aware of the provisions of Labor Code § 3700 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 provisions before commencing the performance of the Services on this Contract.” 9. Conflicts of Interest. DBE, members of the Design-Build Team, Subcontractors, and their respective employees and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement or in violation of any California law, including Government Code section 1090 et seq., or the Political Reform Act, as set forth in Government Code section 81000 et seq. and its accompanying regulations. No officer, official, employee, consultant, or other agent of the City (“City Representative”) may have, maintain, or acquire a “financial interest” in the Contract, as that term is defined under the Political Reform Act (Government Code section 81000, et seq., and regulations promulgated thereunder); or under Government Code section 1090, et seq.; or in violation of any City ordinance or requirement while serving as a City Representative or for one year thereafter. Any violation of this Section constitutes a material breach of the Contract. 10. Independent Contractor. DBE is an independent contractor under this Contract and will have control of the Services and the manner in which they are performed. DBE, members of the Design-Build Team, and its Subconsultants and Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City. 516 CC 02-04-2025 516 of 985 Photovoltaic Systems Design and Installation Project DESIGN-BUILD CONTRACT Project 2025-02 Page 4 11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows: City: Name: City of Cupertino, Department of Public Works Address: 10300 Torre Avenue City/State/Zip: Cupertino, CA 95014 Phone: (408) 777-3354 Attn: Susan Michael, CIP Manager Email: SusanM@Cupertino.gov Copy to: PWInvoices@cupertino.gov DBE: Name: Syserco Energy Solutions, Inc. Address: 215 Fourier Avenue Suite 140 City/State/Zip: Fremont, CA 94539 Phone: 510.498.1410 Attn: Gabe Johnson Email: g.johnson@syserco-es.com Copy to: Scott Meinzen, s.meinzen@syserco-es.com 12. General Provisions. 12.1 Assignment and Successors. DBE may not assign its rights or obligations under this Contract, in part or in whole, without City’s prior written consent. This Contract is binding on DBE’s lawful heirs, successors and permitted assigns. 12.2 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Contract. 12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place. DBE waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside Santa Clara County, California. 12.4 Amendment. With the exception of unilateral Change Orders issued by City pursuant to Section 6.4 of the General Conditions, no amendment or modification of this Contract will be binding unless it is in a Change Order duly authorized and signed by the parties to this Contract. 12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and DBE. 12.6 Severability. If any provision of the Contract Documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract Documents will remain in full force and effect. 12.7 Iran Contracting Act. DBE certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. 517 CC 02-04-2025 517 of 985 Photovoltaic Systems Design and Installation Project DESIGN-BUILD CONTRACT Project 2025-02 Page 5 (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. 12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If DBE is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313. [Signatures are on the following page.] 518 CC 02-04-2025 518 of 985 Photovoltaic Systems Design and Installation Project DESIGN-BUILD CONTRACT Project 2025-02 Page 6 The parties agree to this Contract as witnessed by the signatures below: CITY: Approved as to form: s/_______________________________ s/__________________________________ ________________________________ ___________________________________ Name, Title Name, Title Date: ___________________________ Date: ______________________________ Attest: s/_______________________________ _________________________________ Name, Title Date: ___________________________ DESIGN-BUILD ENTITY: ___________________________________________________ Business Name s/_______________________________ Seal: _________________________________ Name, Title Date: ____________________________ Second Signature (See Section 12.8): s/_______________________________ _________________________________ Name, Title Date: ____________________________ ___________________________________________________ Contractor’s California License Number(s) and Expiration Date(s) END OF CONTRACT 519 CC 02-04-2025 519 of 985 Photovoltaic Systems Design and Installation Project PAYMENT BOND Project 2025-02 Page 7 Payment Bond The City of Cupertino (“City”) and ________________________ (“DBE”) have entered into a design-build contract, dated _________________, 20___ (“Contract”) for design-build delivery of the Cupertino Photovoltaic Systems Design and Installation Project (“Project”). The Contract is incorporated by reference into this Payment Bond (“Bond”). 1. General. Under this Bond, DBE as principal and ____________________________, its surety (“Surety”), are bound to City as obligee in an amount not less than $_________________, based on 100% of the Construction Services price as specified in Section 3 of the Contract (and as defined in Article 1 of the Contract General Conditions), under California Civil Code § 9550 et seq., to ensure payment to authorized claimants. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and DBE. 2. Surety’s Obligation. If DBE or any of its contractors or subcontractors fails to pay any person authorized in California Civil Code § 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of DBE and its contractors or subcontractors, under California Unemployment Insurance Code § 13020, with respect to the work and labor, then Surety will pay the obligation. 3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code § 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. DBE must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond. 4. Duration. If DBE promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect. 5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. City waives the requirement of a new bond for any supplemental contract under Civil Code § 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________ 6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Santa Clara County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond. [Signatures are on the following page.] 520 CC 02-04-2025 520 of 985 Photovoltaic Systems Design and Installation Project PAYMENT BOND Project 2025-02 Page 8 7. Effective Date; Execution. This Bond is entered into and is effective on __________, 20__. SURETY: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title APPROVED BY CITY: s/ __________________________________ ______________________________ Date ____________________________________ Name, Title END OF PAYMENT BOND 521 CC 02-04-2025 521 of 985 Photovoltaic Systems Design and Installation Project PERFORMANCE BOND Project 2025-02 Page 9 Performance Bond The City of Cupertino (“City”) and __________________________ (“DBE”) have entered into a design-build contract, dated _________________, 20____ (“Contract”) for design-build delivery of the Cupertino Photovoltaic Systems Design and Installation Project (“Project”). The Contract is incorporated by reference into this Performance Bond (“Bond”). 1. General. Under this Bond, DBE as Principal and ___________________________, its surety (“Surety”), are bound to City as obligee for an amount not less than $__________________, based on 100% the Construction Services price as specified in Section 3 of the Contract (and as defined in Article 1 of the Contract General Conditions), to ensure DBE’s faithful performance of its obligations under the Contract. By executing this Bond, DBE and Surety bind themselves and their respective heirs, executors, administrators, successors, and assigns, jointly and severally, to the provisions of this Bond. 2. Surety’s Obligations. Surety’s obligations are co-extensive with DBE’s obligations under the Contract. If DBE fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety’s obligations under this Bond will become null and void. Otherwise Surety’s obligation will remain in full force and effect. 3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of the Construction Services or extensions of time for performance of the Construction Services under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. 4. Application of Contract Balance. Upon making a demand on this Bond, City will make the Contract Balance available to Surety for completion of the Construction Services under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to DBE as the Construction Services price minus amounts already paid to DBE for the Construction Services, and minus any liquidated damages, credits, or back charges to which City is entitled under the terms of the Contract. 5. DBE Default. Upon written notification from City of DBE’s termination for default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action: 5.1 Arrange for completion of the Construction Services under the Contract by DBE, with City’s consent, but only if DBE is in default solely due to its financial inability to complete the Construction Services; 5.2 Arrange for completion of the Construction Services under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety’s expense; or 5.3 Waive its right to complete the Construction Services under the Contract and reimburse City the amount of City’s costs to have the remaining Construction Services completed. 6. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety’s default, including legal, design professional, or delay costs. 522 CC 02-04-2025 522 of 985 Photovoltaic Systems Design and Installation Project PERFORMANCE BOND Project 2025-02 Page 10 7. Notice. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows: Attn: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________ 8. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Santa Clara County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond. 9. Effective Date; Execution. This Bond is entered into and effective on ____________________, 20___. SURETY: ________________________________________________________ Business Name s/ _______________________________________________________________ ________________________________________________________________ Name/Title (Acknowledgment with Notary Seal for Surety and Surety’s Power of Attorney must be attached.) DBE: ___________________________________________________________ Business Name s/ _______________________________________________________________ ________________________________________________________________ Name/Title Date: _____________________ s/ _______________________________________________________________ ________________________________________________________________ Name/Title Date: _____________________ END OF PERFORMANCE BOND 523 CC 02-04-2025 523 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 11 General Conditions Article 1 – Definitions Definitions. The following definitions apply to all of the Contract Documents unless otherwise indicated, e.g., additional definitions that apply solely to the Specifications or other technical documents. Defined terms and titles of documents are capitalized in the Contract Documents, with the exception of the following (in any tense or form): “day,” “furnish,” “including,” “install,” “work day” or “working day.” Allowance means a specific amount that must be included in DBE's Proposal for a specified purpose (if applicable). Architect of Record means the architect retained by DBE with authority to stamp the final Construction Documents provided by DBE. Article, as used in these General Conditions, means a numbered Article of the General Conditions, unless otherwise indicated by the context. Bridging Documents means the documents containing City’s design and construction criteria for the Project as further detailed in Article 3, and as attached to or incorporated into the RFP, including any City-approved modifications thereto. Change Order means a written document duly approved and executed by City, which changes the scope of Services or Work, the Contract Price, or the Contract Time. City means the City of Cupertino, acting through its City Council, officers, employees, City Engineer, and any other authorized representatives. City Engineer means the City Engineer for City and his or her authorized delegee(s). Claim means a separate demand by DBE for a change in the Contract Time or Contract Price, that has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been rejected by City, in whole or in part; a written demand by DBE disputing a unilateral Change Order or a portion thereof; or a written demand by DBE objecting to the amount of Final Payment. Construction Documents means the final City-approved Design Documents for constructing the Project. Construction Manager means the designated representative(s) of the City, which are retained under separate contract with the City to provide construction management services for the Project, including but not limited to Construction Inspection Services. Construction Phase means the period during which Work is performed to construct the Project, beginning with City's issuance of a Notice to Proceed with Construction Services. Construction Services means all of the Work required to construction the Project based on the City-approved Design Documents, excluding the Design Services, but including all of the services required to be provided or customarily provided by or under the direction of a licensed general contractor. Contract means the signed design-build contract between City and DBE and the Contract Documents incorporated therein. 524 CC 02-04-2025 524 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 12 Contract Documents means, collectively, all of the documents listed in Section 1 of the Contract. Contract Price means the total compensation to be paid to DBE for performance of the Design Services and the Construction Services as set forth in Section 3 of the Contract and as may be amended by Change Order. Contract Time means the time specified for completion of the Project, as set forth in Section 4 of the Contract and as may be amended by Change Order. Day means a calendar day unless otherwise specified. Design-Build Entity (or DBE) means the corporation, limited liability company, partnership, joint- venture, or other legal entity that provides appropriately licensed contracting, architectural, and engineering services pursuant to the Contract and DBE’s Proposal. Design-Build Team (or DB Team) means the DBE itself and the other individuals and entities identified in DBE’s Proposal as members of its DB Team, including the general contractor and required Subcontractors. Design Development Documents means intermediate design documents based on the Bridging Documents. Design Documents means, collectively, the City-approved plans and specifications developed for construction of the Project based on the Bridging Documents, including Design Development Documents, and Construction Documents. Design Phase means the period during which the Design Services are provided, which begins upon the City's issuance of a Notice to Proceed with Design Services and concludes upon City approval of the final Construction Documents. Design Professional means any architect, including the Architect of Record, engineer, landscape architect, or land surveyor licensed and in good standing under the applicable provisions of the California Business and Professions Code, who is retained or employed by DBE to provide Design Services for the Project, based on his or her licensed authority. Design Services means all services necessary to design the Project in conformance with the Bridging Documents, including development of the Design Documents and all services required to be provided by or customarily provided under the direction of a licensed architect or other Design Professional, including services provided by Design Professionals during the Design Phase and Construction Phase and Pre-Construction Services, but excluding the Construction Services. DIR means the California Department of Industrial Relations. Engineer means the City Engineer for the City of Cupertino and his or her authorized delegees. Engineer of Record means the engineer retained by DBE with authority to stamp the final Construction Documents provided by DBE. Excusable Delay is defined in Section 5.3(B), Excusable Delay. Final Completion means DBE has fully completed all of the Work required by the Contract Documents, including all punch list items and commissioning, and has provided all required submittals, including the instructions and manuals, and as-built drawings to City’s satisfaction. 525 CC 02-04-2025 525 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 13 Final Payment means City’s payment to DBE of the unpaid Contract Price, following City acceptance of the Project, including release of undisputed retention, but excluding amounts withheld pursuant to the Contract Documents, including liquidated damages, up to 125% of the amount of any unreleased stop notice, amounts subject to setoff, and up to 150% of any amount in dispute as authorized by Public Contract Code § 7107. Furnish means to purchase and deliver for the Project. Government Code Claim means a claim submitted pursuant to California Government Code § 900 et seq. Hazardous Materials means any substance or material identified now or in the future as hazardous under any Laws, or any other substance or material that may be considered hazardous or otherwise subject to Laws governing handling, disposal, or cleanup. Including, whether or not capitalized, means “including, but not limited to,” unless the context requires otherwise. Inspector means the individual(s) or firm(s) retained by City to inspect the workmanship, materials, and manner of construction of the Project and its components to ensure compliance with the Contract Documents and all Laws. Install means to fix in place for materials, and to fix in place and connect for equipment. Laws means all applicable local, state, and federal laws, regulations, rules, codes, ordinances, permits, orders, and the like enacted or imposed by or under the auspices of any governmental entity with jurisdiction over the Project or any portion of the Project. Non-Excusable Delay is defined in Section 5.3(C), Non-Excusable Delay. Pre-Construction Services mean those Services which are preliminary to commencement of the Construction Services, including, but not limited to, investigation and preparatory work, constructability assessment, cost estimating, value engineering, provision of schedules, and all activities to ensure seamless transition of the Project through design to the start of construction, such as timely execution of any and all communications, notifications, and meetings necessary to convey information and respond to questions during this phase. Project means the Cupertino Photovoltaic Systems Design and Installation Project. Project Manager means the individual designated by City to oversee and manage the Project on City’s behalf and may include his or her authorized delegee(s) when the Project Manager is unavailable. If no Project Manager has been designated for this Project, any reference to Project Manager is deemed to refer to the Engineer. Proposal means the Proposal dated December 23, 2024, submitted by DBE in response to City’s Request for Proposals. Recoverable Costs is defined in Section 5.3(G), Recoverable Costs. Request for Proposals (or RFP) means the request for proposals issued by City on November 15, 2024, soliciting proposals for design-build delivery of this Project, and includes any addenda thereto. Section when used in these General Conditions, means a numbered Section of the General Conditions, unless otherwise indicated by the context. 526 CC 02-04-2025 526 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 14 Services means, collectively, all of the Design Services and all of the Construction Services which must be performed to completely design and construct the Project in accordance with the Contract Documents, including labor, materials, supplies, and equipment. Skilled and Trained Workforce has the same meaning as subdivision (d) of Public Contract Code § 2601. Specifications, whether or not capitalized, means the technical specifications in the City- approved final Construction Documents for the Project, unless otherwise indicated by the context (e.g., development of specifications for approval during the Design Phase). Subcontractor means all licensed contractors, of any tier, retained by DBE or any member of the DB Team to provide the Construction Services. Subconsultant means any professional retained by DBE or a member of the DB Team to provide Services other than Construction Services. Work means all of the Services necessary for or incidental to completing the Project based on the City-approved Construction Documents in conformance with the requirements of the Contract Documents. Work Day or Working Day, whether or not capitalized, means a weekday when the City is open for business, and does not include holidays observed by the City or furlough days when City staff is unavailable. If a holiday falls on a Saturday, the preceding Friday will be the holiday. If a holiday falls on a Sunday, the following Monday will be the holiday. Holidays observed by the City and furlough days are: a. New Year’s Day, January 1; b. Martin Luther King Jr.’s Birthday, third Monday in January; c. Lunar New Year, date varies – January 29, 2025,and February 17, 2026; d. Presidents’ Day, third Monday in February; e. Cesar Chavez Day, March 31 or April 1 observed f. Memorial Day, last Monday in May; g. Juneteenth, June 19 h. Independence Day, July 4; i. Labor Day, first Monday in September; j. Veterans’ Day, November 11; k. Thanksgiving Day, as designated by the President; l. The Day following Thanksgiving Day; m. Christmas Day, December 25; n. City Closure, December 24, 26, 27,28,29,30 and 31: and each day appointed by the Governor of California and formally recognized by the Santa Clara County Board of Supervisors as a day of mourning, or special observance. Worksite means the place or places where the Work is performed, which includes, but may extend beyond the Project site, including separate locations for staging, storage or fabrication. 527 CC 02-04-2025 527 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 15 Article 2 – Roles and Responsibilities 2.1 Relationship with City. DBE accepts the relationship of trust and confidence established between it and City under this Contract. DBE agrees to provide the Services necessary for the complete design and construction of the Project and to use its best efforts to complete the Project in the best and soundest way and in the most efficient and economical manner consistent with the City’s objectives as expressed in the RFP and Bridging Documents, and in compliance with Laws. (A) Acting on Behalf of City Prohibited. Neither DBE, members of the DB Team, nor any of their agents or employees may act on behalf of or in the name of City except as authorized in writing by City. (B) Conflicts of Interest. DBE must perform its obligations with integrity and avoid conflicts of interest in violation of Laws, including conflicts of interest pertaining to any person or entity that provided services to the City relating to the solicitation of design- build services. (See Public Contract Code § 22162.) (C) City Representatives. (1) City Council. The City Council has final authority in all matters affecting the Project, except to the extent it has delegated authority to the Engineer. (2) City Engineer. The City Engineer, acting within the authority conferred by the City Council, is responsible for administration of the Project on behalf of City, including authority to provide directions to the Design Professional and to DBE to ensure proper and timely completion of the Project. The City Engineer’s decisions are final and conclusive within the scope of his or her authority, including interpretation of the Contract Documents. (3) Project Manager. The Project Manager assigned to the Project will be the primary point of contact for the DBE and will serve as City’s representative for daily administration of the Project on behalf of City, assisted by the Construction Manager consultant. The Construction Manager will be the DBE's primary point of contact for communication and submittals. Unless otherwise specified, all communications and submittals (in any form) should be directed to the Construction Manager and copied to the Project Manager. City reserves the right to reassign or replace the Project Manager or Construction Manager at any time or to delegate his or her duties to additional City representatives without prior notice to or consent of the DBE. 2.2 Scope of Services. DBE is responsible for procuring or providing all of the Services necessary for the Project as specified in the Contract Documents, including all labor, materials, equipment and incidentals necessary to timely complete the Project in strict accordance with the Contract Documents and with minimal inconvenience or risk to the public. DBE must exercise reasonable skill and judgment in the procurement and provision of the Services, consistent with the applicable industry practices, Laws, and the terms and conditions of the Contract Documents. Services include, but are not limited to, design, construction, and coordination with all agencies and entities necessary to complete the project as required to comply with the Pacific Gas and Electric (PG&E) Net Energy Metering (NEM) 2.0 interconnection permit applications, and to ensure successful completion of the project by the deadlines established by the NEM 2.0 requirements. Work will also include preparation of the documentation and assistance necessary to ensure the City's successful application for Inflation Reduction Act rebates. 528 CC 02-04-2025 528 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 16 2.3 Design Services. DBE must provide all architectural, engineering, and related professional services necessary for the Project during both the Design Phase and the Construction Phase, including design of the Project based on the Contract Documents, which may include development or preparation of plans, sections, and elevations; criteria and sizing of components; equipment sizes, capacities, and layouts; typical details; materials selections; investigation of or measured drawings of existing conditions or improvements; verification of the accuracy of any City-provided drawings (including the Bridging Documents) or other information on existing conditions; surveys; site evaluations; cost estimates; Pre-Construction Services; and preparation of models, renderings, or mock-ups. (A) Design Professionals. Architectural, landscape architectural, engineering, and land surveying services must be provided by licensed, independent Design Professionals employed by or retained by DBE or members of the DBE Team, or as permitted by Laws. DBE may not engage the services of any Design Professional for this Project, including but not limited to firms or individuals serving as Architect of Record or Engineer of Record, or providing other Design Services, without obtaining City’s prior written approval, which approval will not be unreasonably withheld. City’s approval will not be deemed to create any contractual relationship between City and any such Design Professional, except that City must be considered a third-party beneficiary of the Design Professional’s services for the Project. City’s approval of the Construction Documents will not operate to shift liability for errors and omissions from DBE to City. DBE is solely responsible for any and all costs incurred due to errors and omissions in the Construction Documents. (1) Bridging Documents. All Design Services must be consistent with and guided by the Bridging Documents. (2) Ongoing Design Services. The Design Professional(s) must provide ongoing Design Services as needed during the Construction Phase, including interpretation and clarification of all drawings and specifications prepared by the Design Professional(s), and preparation of documents for proper execution of the Work, including Change Orders. (B) Project Schedule. Within 10 days following the date of the City’s Notice to Proceed with Design Services, DBE must prepare, and submit for City’s review and approval, a preliminary Project Schedule showing the timing and sequencing of all Services required to design and construct the Project. The preliminary Project Schedule should include development and approval of Design Documents; DBE’s procurement of permits and utility services; procurement of Subcontractors; submission and approval of construction cost estimate updates; construction; Final Completion; submission of as- builts; as well as any other milestones applicable to the Project as may be further specified in the Notice to Proceed with Design Services. (1) Schedule Updates. The Project Schedule must be updated for City’s review and approval as further specified in the Contract Documents. (2) Assumptions for City Review Times. The Project Schedule and all updates should reflect the following assumptions for City review: (a) Assume a minimum review period of one week following submittal of 100% Design Development Documents and 100% Construction Documents pursuant to subsection (C), below, plus an additional week to revise and resubmit if requested by City. 529 CC 02-04-2025 529 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 17 (b) Assume a minimum review period of one week following submittal of any permit drawings, plus an additional week to revise and resubmit if requested by City. (c) Assume the following City Building Department plan check review periods for all required permits (including trade permits): 21 calendar days for initial plan check review, and 15 calendar days for each subsequent review. (d) The assumptions set forth above are provided solely for scheduling purposes and do not bind the City to complete its review of any submittal within the assumed time, and the assumed times do not account for delays attributable to DBE's incomplete or non-compliant submittals. (C) Design Documents. DBE must prepare, and submit for City’s review and approval, Design Documents based on and consistent with the Bridging Documents. Any deviation from or inconsistency from the Bridging Documents must be approved in writing in advance by City. The Design Documents must also comply with City’s Standard Details, to the extent applicable to the Project, as determined by the Engineer. The Design Documents must be developed and submitted for City’s review and approval at completion of each design phase as specified below. City’s approval of the Design Documents at any phase, including final approval of the Construction Documents, does not operate as a waiver of any deviations from the Bridging Documents that specifically were not approved by City. City retains the right at all times to condition approval on design modifications to ensure the Project is completed within budget and suited for its intended purposes. (1) Contents. The Construction Documents must set forth in detail the quality levels of and the requirements for construction of the Project and must comply with all applicable Laws in effect at the time of their preparation. (2) Design Documents Development. When submitting the Design Documents to City at each stage of development, DBE must identify in writing all material changes and deviations from the Bridging Documents or previously approved version of the Design Documents. Two printed sets and one reproducible set of Design Documents must be provided to City at each submittal. Each submittal and resubmittal must be accompanied by an updated version of the Project Schedule required pursuant to Section 2.3(B), above, clearly indicating and explaining any modifications from the prior schedule submission. DBE must submit Design Documents to City for City’s review and approval as follows: (a) Design Development Phase (100%). Within 5 weeks after City's after issuance of the Notice to Proceed with Design Services, DBE must submit Design Development Documents, including and incorporating all City modifications, as applicable. The Design Development Documents should include, at a minimum, more detailed site improvement plans, plans, sections, elevations with full dimensions, details, and outline material specifications. Following City review, DBE must incorporate any modifications, additions or deletions required by City prior to the next submission. (b) Construction Document Phase (100%). Within 12 weeks after City's approval or conditional approval of the Design Development Documents, DBE must submit Construction Documents for approval by City. The Construction Documents should include all pertinent details and information for planning review, permitting, and construction of the 530 CC 02-04-2025 530 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 18 Project. Following City review and comment, DBE must incorporate any modifications, additions or deletions required by City before resubmitting the Construction Documents for final approval. DBE may not proceed with any of the Construction Services until City has approved the Construction Documents as final and issued the Notice to Proceed with Construction Services, unless and to the extent that City provides written authorization for DBE to commence specific portions of the Work, e.g., preliminary site work, prior to final approval. (3) Substitutions. Any specification in the Bridging Documents or in the City- approved final Construction Documents designating a material, product, thing or service (collectively, an “item”) by specific brand or trade name, followed by the words “or equal,” is intended only to indicate quality and type of item desired, and DBE may request use of any equal item. A request for substitution of an item specified in the Bridging Documents must be submitted to City for approval with the Design Development Documents. All data substantiating the proposed substitute as an equal item must be submitted with the written request for substitution. DBE has the burden of proving the equality of the proposed substitution. The City has sole discretion to determine whether a proposed substitution is equal, and the determination is final. (D) Ownership of Documents. No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. DBE is deemed to have conveyed the copyright in any Design Documents (at any stage of development), Shop Drawings, as-builts, or other documents (in paper or electronic form) developed by DBE for the Project, and City will retain all rights to such works, including the right to possession. (1) Ownership of Tangible Documents. City must receive ownership of all documents, plans, drawings, specifications, electronic data and information prepared, provided or procured by DBE, as part of the Design Services. · Electronic computer-aided design (CAD) files of all drawings and specifications are required deliverables at 100% design development and 100% construction document phases. If the project CAD files were created in Revit or similar Building Information 3D modeling (BIM) software, the deliverables at each phase shall include the Revit model as well as CAD files exported from that model. If the project CAD files were created in AutoCAD or similar 2D modeling software, the deliverables at each phase shall include the CAD files with all X references bound (sic: binding) to the files. · All CAD and BIM files delivered by the DBE shall adhere to the specified project standards, including accurate geometry, consistent naming conventions, proper layer organization, and appropriate levels of detail (LOD), ensuring compatibility with project workflows and facilitating seamless integration with other disciplines; any discrepancies or quality issues shall be subject to review and correction by the City or designated representative, with non-compliant files requiring revision until meeting the defined quality standards. (2) Use of Documents in Event of Termination. In the event of a termination of this Contract, City will have the right to use, to reproduce, and to make derivative works of the Design Documents (at any stage of development) to complete the Project. (3) City’s Use of Documents After Completion of Project. After completion of the Project, City may reuse, reproduce or make derivative works from the 531 CC 02-04-2025 531 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 19 Construction Documents for the purposes of maintaining, renovating, remodeling or expanding the Project at the Worksite. (4) Right to Use. DBE will obtain from its Subcontractors and Subconsultants rights and rights of use that correspond to the rights given by DBE to City in this Contract and DBE must provide evidence that such rights have been secured. (E) Subconsultants. DBE must provide duly qualified, licensed, and competent Subconsultants, administration, staff, and skilled workforce necessary to perform and timely complete the Design Services in accordance with the Contract Documents. 2.4 Construction Services. DBE must provide all Construction Services and Work necessary for the Project, including hiring and coordination of all Subcontractors, close- out services, and warranty work. (A) General. DBE must provide all labor, materials, supplies, equipment, services, and incidentals necessary to perform and timely complete the Work in strict accordance with the Contract Documents, and in an economical and efficient manner in the best interests of City, and with minimal inconvenience to the public. (B) Responsibility for the Work and Risk of Loss. DBE is responsible for supervising and directing all aspects of the Work to facilitate the efficient and timely completion of the Work. DBE is solely responsible for and required to exercise full control over the Work, including the construction means, methods, techniques, sequences, procedures, safety precautions and programs, and coordination of all portions of the Work with that of all other contractors and Subcontractors, except to the extent that the Contract Documents provide other specific instructions. DBE’s responsibilities extend to any plan, method or sequence suggested but not required by City or specified in the Contract Documents. From the date of commencement of the Work until either the date on which City formally accepts the Project or the effective date of termination of the Contract, whichever is later, DBE bears all risks of injury or damage to the Work and the materials and equipment delivered to any Worksite, by any cause including fire, earthquake, wind, weather, vandalism, or theft, subject to the limitations of Laws, including Public Contract Code § 7105. (C) Construction Administration. DBE must provide sufficient and competent Subcontractors, administration, staff, and Skilled and Trained Workforce necessary to perform and timely complete the Construction Services in accordance with the Contract Documents. Before starting the Work, DBE must designate in writing and provide complete contact information, including telephone numbers and email address, for the officer or employee in DBE’s organization who is to serve as DBE’s primary representative for the Project, and who has authority to act on DBE’s behalf. A Subcontractor may not serve as DBE’s primary representative. (D) On-Site Superintendent. DBE must, at all times during performance of the Construction Services, provide a qualified full-time superintendent acceptable to City, and assistants, as necessary, who must be physically present at the Project site while any aspect of the Work is being performed. The superintendent must have full authority to act and communicate on behalf of DBE, and DBE will be bound by the superintendent’s communications to City. City’s approval of the superintendent is required before the Construction Phase commences. If, at any time, City is not satisfied with the superintendent’s performance, City may request a qualified replacement of the superintendent. Failure to comply may result in temporary suspension of the Work, at DBE’s sole expense and with no extension of Contract Time, until an approved 532 CC 02-04-2025 532 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 20 superintendent is physically present to supervise the Work. DBE must provide written notice to City, as soon as practicable, before replacing the superintendent. (E) Standards. DBE must, at all times, ensure that the Work is performed in a good workmanlike manner and in full compliance with the Contract Documents and all applicable Laws and applicable manufacturer’s recommendations. DBE has a material and ongoing obligation to provide true and complete information, to the best of its knowledge, with respect to all records, documents, or communications pertaining to the Project, including oral or written reports, statements, certifications, Change Order requests, or Claims. (F) Meetings. DBE, its project manager, superintendent, and any primary Subcontractors and suppliers requested by City, must attend a Preconstruction Conference before beginning Work on the Project, and will also be required to attend regular progress meetings, as further specified below and as may be otherwise specified in the Notice to Proceed with Construction Services. City will notify DBE in advance of the date, time, place and required attendees for the Preconstruction Conference and progress meetings and will provide and administer the agenda. DBE is responsible for notifying its major Subcontractors and suppliers, and other required attendees, as applicable, of the date, time and place for the Preconstruction Conference and progress meetings; for providing them with the City’s agenda; and for requiring their attendance at these meetings. If applicable, DBE may also be required to participate in coordination meetings with other parties relating to other work being performed on or near the Project site or in relation to the Project, including work or activities performed by City, other contractors, or other utility owners. (1) Preconstruction Conference. The Preconstruction Conference agenda items may include schedules, personnel and vehicle permit procedures, use of the premises, locations for staging area(s) and jobsite trailers, security, housekeeping, submittal and RFI procedures, Project forms and procedures, inspection and testing procedures, utility shutdown procedures, control and reference point procedures, injury and illness prevention program, DBE’s schedule of values, DBE’s schedule of submittals, and such other matters that the City deems necessary to address before the Work begins. (2) Progress Meetings. During the course of the Construction Phase, progress meetings will be conducted on a weekly basis by the City and at DBE’s on-site office, unless otherwise specified. Progress meeting agenda items may include review of past meeting minutes, review of Work in progress since previous progress meeting, schedule status and updates, status of submittals or change orders, worker safety, and other such matters pertaining to the progress of the Work. (G) Construction Records. DBE will maintain up-to-date, thorough, legible, and dated daily job reports, which document all significant activity on the Project for each day that Work is performed on the Project. The daily report for each day must include the number of workers at the Project site; primary Work activities; major deliveries; problems encountered, including injuries, if any; weather and site conditions; and delays, if any. DBE will take date and time-stamped photographs to document general progress of the Project, including site conditions prior to construction activities, before and after photographs at offset trench laterals, existing improvements and utilities, damage and restoration. DBE will maintain copies of all subcontracts, Project-related correspondence with Subcontractors, and records of meetings with Subcontractors. Upon request by the City, DBE will permit review of and/or provide copies of any of these construction records. 533 CC 02-04-2025 533 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 21 (H) Responsible Party. DBE is solely responsible to City for the acts or omissions of any party or parties performing portions of the Work or providing equipment, materials or services for or on behalf of DBE or its Subcontractors. Upon City’s written request, DBE must promptly and permanently remove from the Project, at no cost to City, any employee or Subcontractor or employee of a Subcontractor who the City Engineer has determined to be incompetent, intemperate or disorderly, or who has failed or refused to perform the Work as required under the Contract Documents. (I) Correction of Defects. DBE must promptly correct, at DBE’s sole expense, any Work that is deficient or defective in any way, including workmanship, materials, parts or equipment. Workmanship, materials or equipment that do not conform to the requirements under the Contract Documents, as determined by City, will be considered defective and subject to rejection. DBE must also promptly correct, at DBE’s sole expense, any Work performed beyond the lines and grades authorized or approved by City, and any Extra Work performed without City’s prior written approval. If DBE fails to correct or to take reasonable steps toward correcting defective Work within five days following notice from City, or within the time specified in City’s notice to correct, City may elect to have the defective Work corrected by its own forces or by a third party, in which case the cost of correction will be deducted from the Contract Price. If City elects to correct defective Work due to DBE’s failure or refusal to do so, City or its agents will have the right to take possession of and use any equipment, supplies, or materials available at the Project site or any Worksite on City property, in order to effectuate the correction, at no extra cost to City. DBE’s warranty obligations under Section 11.2, Warranty, will not be waived nor limited by City’s actions to correct defective Work under these circumstances. Alternatively, City may elect to retain defective Work, and deduct the difference in value, as determined by the Engineer, from payments otherwise due to DBE. This paragraph applies to any defective Work performed by DBE during the one- year warranty period under Section 11.2. (J) DBE’s Records. DBE must maintain all of its records relating to the Project in any form, including paper documents, photos, videos and electronic records. Project records subject to this provision include, but are not limited to, daily reports, Project cost records and records relating to preparation of DBE’s Proposal. (1) DBE’s cost records must include all supporting documentation, including original receipts, invoices, and payroll records, evidencing its direct costs to perform the Work, including, but not limited to, costs for labor, materials and equipment. Each cost record should include, at a minimum, a description of the expenditure with references to the applicable requirements of the Contract Documents, the amount actually paid, the date of payment, and whether the expenditure is part of the original Contract Price, related to an executed Change Order, or otherwise categorized by DBE as extra work. DBE’s failure to comply with this provision as to any claimed cost operates as a waiver of any rights to recover the claimed cost. (2) DBE must continue to maintain its Project records in an organized manner for a period of five years after City’s acceptance of the Project or following termination, whichever occurs first. Subject to prior notice to DBE, City is entitled to inspect or audit any of DBE’s Project records relating to the Project or to investigate DBE’s plant or equipment during DBE’s normal business hours. DBE’s records may also be subject to examination and audit by the California State Auditor, pursuant to Government Code § 8546.7. The record-keeping requirements set forth in this subsection 2.2(J) will survive expiration or termination of the Contract. 534 CC 02-04-2025 534 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 22 (L) Copies of Contract Documents. DBE and its Subcontractors must keep copies, at the Project site, of all Work-related documents, including the Contract, permit(s), Construction Documents, Contract amendments, Change Orders, RFIs and RFI responses, Shop Drawings, as-built drawings, schedules, daily reports, testing and inspection reports or results, and any related written interpretations. These documents must be available to City for reference at all times during construction of the Project. 2.5 Subcontractors. (A) General. All Work which is not performed by DBE with its own forces will be performed by its Subcontractors. Except for Subcontractors listed in the DBE’s Proposal, DBE must award subcontracts with a value exceeding one half of one percent of the Contract Price for Construction Services in compliance with Public Contract Code § 22166(b), including public notice. All Subcontractors bidding on contracts for the Work must be afforded the protections contained in the Subletting and Subcontracting Fair Practices Act (Public Contract Code § 4100 et seq.). DBE must provide each Subcontractor with a complete set of the Construction Documents and any approved modifications thereto. City reserves the right to approve or reject any and all Subcontractors proposed to perform the Work. (B) Contractual Obligations. DBE must require every Subcontractor to be bound to the provisions of the Contract Documents as they apply to the Subcontractor’s portion(s) of the Work, and to likewise bind their subcontractors or suppliers. DBE will provide that the rights that each Subcontractor may have against any manufacturer or supplier for breach of warranty or guarantee relating to items provided by the Subcontractor for the Project, will be assigned to City. Nothing in these Contract Documents creates a contractual relationship between a Subcontractor and City, but City is deemed to be a third-party beneficiary of the contract between DBE and each Subcontractor. (C) Termination. If the Contract is terminated, each Subcontractor’s agreement must be assigned by DBE to City, subject to the prior rights of any surety, but only if and to the extent that City accepts, in writing the assignment by written notification, and assumes all rights and obligations of DBE pursuant to each such subcontract agreement. (D) Substitution of Subcontractor. If DBE requests substitution of a listed Subcontractor under Public Contract Code § 4107, DBE is solely responsible for all costs City incurs in responding to the request, including legal fees and costs to conduct a hearing, and DBE is also solely responsible for any resulting increase in subcontracting costs. 2.6 Coordination of Work. (A) Concurrent Work. City reserves the right to perform or to have performed other work on or adjacent to the Project site while the Work is being performed. DBE is responsible for coordinating its Work with other work being performed on or adjacent to the Project site, and must avoid hindering, delaying, or interfering with the work of other contractors and subcontractors. To the full extent permitted by law, DBE must hold harmless and indemnify City against any and all claims arising from or related to DBE’s avoidable, negligent, or willful hindrance of, delay to, or interference with the work of any utility company or agency or another contractor or subcontractor. (B) Defects. Before proceeding with any portion of the Work affected by the construction or operations of others, DBE must give City prompt written notification of any defects DBE discovers which will prevent the proper execution of the Work. Failure to 535 CC 02-04-2025 535 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 23 give notice of any such known defects will be deemed acknowledgement by DBE that the work of others is not defective and will not prevent the proper execution of the Work. 2.7 Submittals. Unless otherwise specified, DBE must submit to the City Engineer for review and acceptance of all schedules, Shop Drawings, samples, product data and similar submittals required by the Contract Documents, or upon request by the City Engineer. Unless otherwise specified, all submittals, including Requests for Information, are subject to the general provisions of this Section, as well as specific submittal requirements that may be included in the Special Conditions or elsewhere in the Contract Documents. Unless otherwise specified, all submittals should be transmitted electronically using standard commercial software programs, including the Special Conditions or Specifications. The City Engineer may require submission of a submittal schedule at or before a pre-construction conference, as may be specified in the Notice to Proceed. (A) General. DBE is responsible for ensuring that its submittals are complete, legible, accurate and conform to the Contract Documents. Incomplete or illegible submittals will be rejected and returned for resubmission. DBE must use the applicable forms provided or specified for use by the City, including the Project Forms provided with the Contract Documents, and forms provided by City at the Pre-Construction Conference. (B) Time and Manner of Submission. DBE must ensure that its submittals are prepared and delivered in a manner consistent with the current City-accepted schedule for the Work and within the applicable time specified in the Contract Documents, or if no time is specified, in such time and sequence so as not to delay the performance of the Work or completion of the Project. (C) Required Contents. Each submittal must include the Project name and contract number, DBE’s name and address, the name and address of any Subcontractor or supplier involved with the submittal, the date, and references to applicable Specification section(s) and/or drawing and detail number(s). (D) Required Corrections. If corrections are required, DBE must promptly make and submit any required corrections as specified in full conformance with the requirements of this Section, or other requirements that apply to that submittal. If a submittal remains non-compliant after being re-submitted for a second time, City may back-charge DBE for all further review time and additional administrative costs. For City employees the hourly amount charged will be 2.5 times the employee’s direct hourly payroll cost to the City. For consultants, the amount charged will be 1.25 times the amount billed to the City for additional review and administrative time. (E) Effect of Review and Acceptance. Review and acceptance of a submittal by City will not relieve DBE from complying with the requirements of the Contract Documents. DBE is responsible for any errors in any submittal, and review or acceptance of a submittal by City is not an assumption of risk or liability by City. (F) Enforcement. Any Work performed or any material furnished, installed, fabricated or used without City’s prior acceptance of a required submittal is performed or provided at DBE's risk, and DBE may be required to bear the costs incident thereto, including the cost of removing and replacing such Work, repairs to other affected portions of the Work or material, and the cost of additional time or services required of City, including costs for the Project Manager or Inspector. (G) Excessive RFIs. A Request for Information (RFI) will be considered excessive or unnecessary if City determines that the explanation or response to the RFI is clearly and 536 CC 02-04-2025 536 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 24 unambiguously discernable from the Contract Documents. City’s costs to review and respond to excessive or unnecessary RFIs may be deducted from payments otherwise due to DBE, on the same basis as excessive submittal review, under subsection (D) (Required Corrections). (H) Construction Phase Substitutions. This provision governs any DBE request for substitution during the Construction Phase with respect to any Specification in the City- approved Construction Documents designating a material, product, or thing (collectively, “item”) or service by specific brand or trade name, followed by the words “or equal.” Unless otherwise stated in the Specifications, any reference to a specific brand or trade name for an item that is used solely for the purpose of describing the type of item desired, will be deemed to be followed by the words “or equal.” A substitution will only be approved if it is a true “equal” item in every aspect of design, function, and quality, as determined by City, including dimensions, weight, maintenance requirements, durability, fit with other elements, and schedule impacts. (1) A request for substitution of an item or service must be submitted in writing to the Project Manager sufficiently in advance of the time needed to avoid delay of the Work, factoring in adequate time for testing, re-testing, or resubmittal. The request must be submitted on the City’s Substitution Request Form. (2) Any available data substantiating the proposed substitute as an equal item or service must be submitted with the written request for substitution. DBE’s failure to timely provide all necessary substantiation, including any required test results as soon as they are available, is grounds for rejection of the proposed substitution, without further review. (3) DBE has the burden of proving the equality of the proposed substitution at DBE’s sole cost, including testing using methods acceptable to City. City has sole discretion to determine whether a proposed substitution is equal, and City’s determination is final. (4) If the proposed substitution is approved, DBE is solely responsible for any additional costs or time associated with the substituted item or service. If the proposed substitution is rejected, DBE must, without delay, install the item or use the service as specified by City. (5) City’s approval of a proposed substitution will not relieve DBE from any of its obligations under the Contract Documents. In the event DBE makes an unauthorized substitution, DBE will be solely responsible for all resulting cost impacts, including the cost of removal and replacement and the impact to other design elements. 2.8 Shop Drawings. When Shop Drawings are required by the Specifications or requested by the Project Manager, they must be prepared according to best practices at DBE’s expense. The Shop Drawings must be of a size and scale to clearly show all necessary details. Unless otherwise specified by City, Shop Drawings must be provided to the Project Manager for review and acceptance at least 30 days before the Work will be performed. If City requires changes, the corrected Shop Drawings must be resubmitted to the Project Manager for review within the time specified by the Project Manager. For all Project components requiring Shop Drawings, DBE will not furnish materials or perform any Work until the Shop Drawings for those components are accepted by City. DBE is responsible for any errors or omissions in the Shop Drawings, shop fits and field corrections, any deviations from the Contract Documents, and for the results obtained by 537 CC 02-04-2025 537 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 25 the use of Shop Drawings. Acceptance of Shop Drawings by City does not relieve DBE DBE’s responsibility. 2.9 Access to Work. DBE must afford prompt and safe access to any Worksite by City and its employees, agents, or consultants authorized by City; and upon request by City, DBE must promptly arrange for City representatives to visit or inspect manufacturing sites or fabrication facilities for items to be incorporated into the Work. 2.10 Personnel. DBE and its Subcontractors must employ only competent and skillful personnel to perform the Services. DBE and its Subcontractor’s supervisors, security or safety personnel, and employees who have unescorted access to the Project site must possess proficiency in English sufficient to read, understand, receive, and implement oral or written communications or instructions relating to their respective job functions, including safety and security requirements. Upon written notification from the Engineer, DBE and its Subcontractors must immediately discharge any personnel who are incompetent, disorderly, disruptive, threatening, abusive, or profane, or otherwise refuse or fail to comply with the requirements of the Contract Documents or Laws, including Laws pertaining to health and safety. Any such discharged personnel may not be re- employed or permitted on the Project in any capacity without City’s prior written consent. Article 3 - Contract Documents 3.1 Order of Precedence. Information included in one Contract Document but not in another will not be considered a conflict or inconsistency. In case of any conflict or inconsistency among the Contract Documents, the order of precedence will follow the order in which the Contract Documents are listed in Section 3.1.1, below, which are listed from highest to lowest. Any conflict or inconsistency will be resolved to ensure construction of the Project and ensure the City’s intended use of the Project. (A) Change Orders; duly authorized and executed, if any; (B) Addenda; (C) Contract; (D) Notice to Proceed with Design Services; (E) Notice to Proceed with Construction Services; (F) Special Conditions; (G) General Conditions; (H) Payment and Performance Bonds; (I) List of Subcontractors; (J) City-approved Bridging Documents; (K) PG&E Interconnection Permit Applications for the three sites: Quinlan Community Center, Cupertino Sports Center, Community Hall. (L) Notice of Potential Award; (M) Request for Proposals (RFP) and (3) Addenda; (N) DBE’s RFP Proposal and attachments; (O) Request for Qualifications (RFQ); (P) DBE’s RFQ Proposal and attachments; (Q) The City’s standard details and specifications, as applicable; and (R) Any generic documents prepared by and on behalf of a third party, that were not prepared specifically for this Project, such as the Caltrans Standard Specifications or Caltrans Special Provisions. 3.2 Bridging Documents. The Bridging Documents are for general intent of the final Project design and are not considered to be a complete working package. DBE is responsible to hire and coordinate all associated Design Services, including architectural, structural, mechanical, electrical, plumbing, civil engineering, geotechnical, and landscape 538 CC 02-04-2025 538 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 26 architecture for the structures and systems, whether shown or implied in the Bridging Documents or required for a complete Project built to current governing codes. 3.3 Caltrans Standard Specifications. (Not used.) 3.4 For Reference Only. DBE is responsible for the careful review of any document, study, or report provided by City or appended to the Contract Documents solely for informational purposes and identified as “For Reference Only.” Nothing in any document, study, or report so appended and identified is intended to supplement, alter, or void any provision of the Contract Documents. DBE is advised that City or its representatives may be guided by information or recommendations included in such reference documents, particularly when making determinations as to the acceptability of proposed materials, methods, or changes in the Work. DBE must promptly notify City of any perceived or actual conflict between the Contract Documents and any document provided For Reference Only. 3.5 Current Versions. Unless otherwise specified by City, any reference to standard specifications, technical specifications, or any City or state codes or regulations means the latest specification, code or regulation in effect at the time the Contract is signed. 3.6 Conformed Copies. (Not used.) Article 4 - Bonds, Indemnity, and Insurance 4.1 Payment and Performance Bonds. No later than ten days following the City’s final approval of the Construction Documents, DBE must provide a payment bond and a performance bond, each in the penal sum of at least 100% of the estimated price for the Construction Services, using the bond forms included with the Contract Documents. (A) Surety. Each bond must be issued and executed by a surety admitted in California, and the surety must have a financial rating from A.M. Best Company of A-, class 7 or better, or as otherwise acceptable to the City. If an issuing surety cancels the bond or becomes insolvent, within seven days following written notice from City, DBE must substitute a surety acceptable to City. If DBE fails to substitute an acceptable surety within the specified time, City may, at its sole discretion, withhold payment from DBE until the surety is replaced to City’s satisfaction, or terminate the Contract for default. (B) Cost Estimate Updates. If at any time DBE’s updated construction cost estimate exceeds the estimated price for the Construction Services in Section 3 of the Contract by 5%, DBE must replace the initial bonds with bonds based on 100% of the updated estimated price for Construction Services using the bond forms included with the Contract Documents. 4.2 Indemnity and Liability. (A) DBE’s Indemnity Obligation. To the fullest extent permitted by law, DBE must indemnify, defend, and hold harmless City, its Council, officers, officials, employees, agents, volunteers and consultants (individually, an “Indemnitee,” and collectively the “Indemnitees”) from and against any and all liability, loss, damage, claims, causes of action, demands, charges, fines, costs and expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the operations of DBE, its employees, Subcontractors, representatives, or agents, in performing the Work or in failing to comply with any obligation of DBE under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnity requirement applies to any Liability arising 539 CC 02-04-2025 539 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 27 from alleged defects in the content or manner of submission of DBE’s Proposal for the Contract. DBE’s failure or refusal to timely accept a tender of defense pursuant to this Contract will be deemed a material breach of the Contract. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for the DBE or its agents or employees under Workers’ Compensation laws, disability benefits laws, or other employee benefit laws. This indemnification obligation is also not limited by any limitation on the amount or type of damages available under any applicable insurance coverage and will survive the expiration or any early termination of this Contract with respect to Liability arising during the term of the Contract. DBE’s indemnity obligations under this Contract will survive the expiration or any early termination of the Contract. This indemnity obligation does not apply to any Design Professionals who are covered by subsection (B) below. (B) Design Professional Indemnity Obligation. To the fullest extent permitted by law, subject only to the limitations of Civil Code § 2782.8, the Design Professionals who are members of the DBE or retained or employed by DBE to provide the Design Services must indemnify, defend, and hold harmless City, its Council, officers, employees, agents, volunteers and consultants (individually, an “Indemnitee,” and collectively “Indemnitees”) from and against any and all liability, loss, damage, claims, causes of action, demands, charges, fines, costs and expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the negligence, recklessness, or willful misconduct of the Design Professionals, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This Design Professional indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for the Design Professionals or their agents or employees under Workers’ Compensation laws, disability benefits laws, or other employee benefit laws. This Design Professional indemnification is also not limited by any limitation on the amount or type of damages available under any applicable insurance coverage and will survive the expiration or any early termination of this Contract with respect to Liability arising during the term of the Contract. (C) Third Party Claims. City will timely notify DBE upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code § 9201. (D) No Personal Liability. No member of the City Council or any individual officer, employee or authorized agent of City will be personally liable for any liability arising under this Contract. 4.3 Insurance. DBE will procure and maintain for the duration of the Project, and for five years following the completion of the Project, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services hereunder by DBE, its agents, representatives, employees, Subconsultants, or Subcontractors. (A) Minimum Scope and Limit of Insurance. Coverage will be at least as broad as the minimum limits set forth below. If DBE maintains broader coverage and/or higher limits than the minimums shown below, City will be entitled to the broader coverage and/or higher limits maintained by DBE. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City. City reserves the right to modify these insurance requirements based on DBE’s prior experience, insurer, coverage, and considering the nature of the risk involved in the Services and other circumstances. DBE should discuss these requirements with its insurer and the designated Public Works Agency representative. 540 CC 02-04-2025 540 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 28 (1) Commercial General Liability (CGL). Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, written on a comprehensive general liability form, and must include coverage for liability arising from DBE’s or Subcontractor’s acts or omissions, including DBE’s protected coverage, blanket contractual, products and completed operations, with limits of at least $8,000,000 per occurrence. The CGL policy must protect against any and all liability for personal injury, death, property damage or destruction, and personal and advertising injury. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be $11,000,000, which is twice the required occurrence limit. (i) It shall be a requirement under this Contract that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits will be made available to the Additional Insured and will be (1) the minimum coverage/limits specified in this Contract; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. (ii) Additional Insured coverage under DBE's policy shall be “primary and non-contributory,” will not seek contribution from City’s insurance/self- insurance, and will be at least as broad as ISO CG 20 01 04 13. (iii) The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect City as a named insured. (2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if DBE has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. (3) Workers’ Compensation Insurance and Employer’s Liability: The workers’ compensation and employer’s liability insurance policy must comply with the requirements of the California Labor Code, providing coverage of at least $1,000,000 or as otherwise required by the statute. If DBE is self-insured, DBE must provide its Certificate of Permission to Self-Insure, duly authorized by the DIR. (4) Professional Liability. Professional liability with limits no less than $3,000,000 per occurrence or claim, and $2,000,000 aggregate. (5) Builder’s Risk. Course of Construction insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions. (6) Pollution and/or Asbestos Legal Liability. DBEs’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. (B) Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City’s option, either: (1) DBE will cause the insurer to reduce or 541 CC 02-04-2025 541 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 29 eliminate self-insured retentions as respects City, its officers, officials, employees, and volunteers; or (2) DBE will provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language will provide, or be endorsed to provide, that the self- insured retention may be satisfied by either the named insured or the City. (C) Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (1) Additional Insured Status. The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as “Additional Insureds” on the CGL policy with respect to liability arising out of the operations and/or services performed by or on behalf of the named insured, including materials, parts, or equipment furnished, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Contract. Endorsement of CGL coverage must be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used or equivalent form(s) approved by the City. (2) Primary Coverage. For any claims related to this Project, DBE’s insurance coverage must be “primary and non-contributory” and at least as broad as ISO CG 20 01 04 13 with respect to City, its officers, officials, employees and volunteers, and must not seek contribution from City’s insurance. If the limits of insurance are satisfied in part by Umbrella/Excess Insurance, the Umbrella/Excess Insurance must contain or be endorsed to contain a provision that such coverage will also apply on a “primary and non-contributory” basis for the benefit of City. (3) Notice of Cancellation. Each insurance policy required must provide that coverage will not be canceled, except with notice to the City. Each certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced, cancelled or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. (4) Builder’s Risk. DBE may submit Builder’s Risk insurance in the form of Course of Construction coverage, which shall name the City as a loss payee, as its interest may appear. Policy limits must be per occurrence and for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance penalties, and for the benefit of City. If the Project does not involve new or major reconstruction, City may elect in its sole discretion to accept an Installation Floater policy instead of Builder’s Risk. For such projects, the Property Installation Floater shall include improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site. (5) Waiver of Subrogation. Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against City. DBE agrees to waive rights of subrogation which any insurer of DBE may acquire from DBE by virtue of the payment of any loss. DBE agrees to obtain any endorsement that may be necessary to affect this waiver of 542 CC 02-04-2025 542 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 30 subrogation. The Workers’ Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the DBE, its employees, agents and Subcontractors. (6) Acceptability of Insurers. Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California, and each insurer must have an A.M. Best’s financial strength rating of “A-” or better and a financial size rating of “VII” or better. (7) Verification of Coverage. DBE will furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, evidencing the coverage required by this Contract. All certificates and endorsements are to be received by the City no later than five days following City Council approval of the Contract. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. (8) Subcontractors. DBE will require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and DBE will ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors will provide coverage with a form at least as broad as CG 20 38 04 13. (9) Claims Made Policies. If any coverage required is written on a claims-made coverage form: (i) The retroactive date must be shown, and this date must be before the execution date of the Contract or the beginning of the Services. (ii) Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Services. (iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Effective Date of the Contract, or start of Services, the DBE must purchase extended reporting period coverage for a minimum of five years after completion of the Services. (iv) A copy of the claims reporting requirements must be submitted to the City for review. (v) If the Services involve lead-based paint or asbestos identification/remediation, the DBE’s Pollution Liability policy must not contain lead-based paint or asbestos exclusions. If the Services involve mold identification/remediation, the DBE’s Pollution Liability policy must not contain a mold exclusion, and the definition of “pollution” must include microbial matter, including mold. Article 5 - Contract Time 5.1 Time is of the Essence. Time is of the essence in DBE’s performance and completion of the Work, and DBE must diligently prosecute the Work and complete it within the Contract Time. 543 CC 02-04-2025 543 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 31 (A) General. DBE must commence the Services on the date indicated in the Notice to Proceed with Design Services and must fully perform the Services and complete the Project in strict compliance with all requirements of the Contract Documents, and within the Contract Time. (B) Rate of Progress. DBE and its Subcontractors must, at all times, provide workers, materials, and equipment sufficient to maintain the rate of progress necessary to ensure full completion of the Work within the Contract Time. If City determines that DBE is failing to prosecute the Work at a sufficient rate of progress, City may, in its sole discretion, direct DBE to provide additional workers, materials, or equipment, or to work additional hours or days without additional cost to City, in order to achieve a rate of progress satisfactory to City. If DBE fails to comply with City’s directive in this regard, City may, at DBE’s expense, separately contract for additional workers, materials, or equipment or use City’s own forces to achieve the necessary rate of progress. Alternatively, City may terminate the Contract based on DBE’s default. 5.2 Schedule Requirements. All schedules must be prepared using standard, commercial scheduling software acceptable to the Engineer, and must provide schedules in electronic and paper form as requested. (A) Baseline (As-Planned) Schedule. Within ten calendar days following City’s approval of the final Construction Documents, DBE must submit to City for review and acceptance a baseline (as-planned) Project schedule using critical path methodology showing in detail how DBE plans to perform and fully complete the Construction Services within the Contract Time, including labor, equipment, materials, and fabricated items. The baseline schedule for Construction Services must show the order of the major items of Work and the dates of start and completion of each item, including when the materials and equipment will be procured. The schedule must also include the work of all trades, reflecting anticipated labor or crew hours and equipment loading for the construction activities, and must be sufficiently comprehensive and detailed to enable progress to be monitored on a day-by-day basis. For each activity, the baseline schedule must be dated, provided in the format specified in the Contract Documents or as required by City, and must include, at a minimum, a description of the activity, the start and completion dates of the activity, and the duration of the activity. (1) Specialized Materials Ordering. Within five calendar days following issuance of the Notice to Proceed with Construction Services, DBE must order any specialized material or equipment for the Work that is not readily available from material suppliers. DBE must also retain documentation of the purchase orders date(s). (B) City’s Review of Schedules. City will review and may note exceptions to the baseline schedule, and to the progress schedules submitted as required below, to assure completion of the Work within the Contract Time. DBE is solely responsible for resolving any exceptions noted in a schedule and, within seven days, must correct the schedule to address the exceptions. City’s review or acceptance of DBE’s schedules will not operate to waive or limit DBE’s duty to complete the Project within the Contract Time, nor to waive or limit City’s right to assess liquidated damages for DBE’s unexcused failure to do so. (C) Progress Schedules. After City accepts the final baseline schedule with no exceptions, DBE must submit an updated progress schedule and three-week look-ahead schedule, in the format specified by City, for review and acceptance with each application for a progress payment, or when otherwise specified by City, until completion of the Work. The updated progress schedule must: show how the actual progress of the Work as constructed to date compares to the baseline schedule; reflect any proposed changes 544 CC 02-04-2025 544 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 32 in the construction schedule or method of operations, including to achieve Project milestones within the Contract Time; and identify any actual or potential impacts to the critical path. DBE must also submit periodic reports to City of any changes in the projected material or equipment delivery dates for the Project. (1) Float. The progress schedule must show early and late completion dates for each task. The number of days between those dates will be designated as the “float.” Any float belongs to the Project and may be allocated by the Project Manager to best serve timely completion of the Project. (2) Failure to Submit Schedule. Reliable, up-to-date schedules are essential to efficient and cost-effective administration of the Project and timely completion. If DBE fails to submit a schedule within the time periods specified in this Section, or submits a schedule to which City has noted exceptions that are not corrected, City may withhold or deduct up to ten percent from payment(s) otherwise due to DBE until the exceptions are resolved, the schedule is corrected and resubmitted, and City has accepted the schedule. In addition, DBE’s failure to comply with the schedule requirements in this Section 5.2 will be deemed a material default and a waiver of any claims for Excusable Delay or loss of productivity arising during any period when DBE is out of compliance, subject only to the limits of Public Contract Code section 7102. (D) Recovery Schedule. If City determines that the Work is more than one week behind schedule, within seven days following written notice of such determination, DBE must submit a recovery schedule, showing how DBE intends to perform and complete the Work within the Contract Time, based on actual progress to date. (E) Effect of Acceptance. DBE and its Subcontractors must perform the Work in accordance with the most current City-accepted schedule unless otherwise directed by City. City’s acceptance of a schedule does not operate to extend the time for completion of the Work or any component of the Work, and will not affect City’s right to assess liquidated damages for DBE’s unexcused delay in completing the Work within the Contract Time. (F) Posting. DBE must at all times prominently post a copy of the most current City- accepted progress or recovery schedule in its on-site office. (G) Reservation of Rights. City reserves the right to direct the sequence in which the Work must be performed or to make changes in the sequence of the Work in order to facilitate the performance of work by City or others, or to facilitate City’s use of its property. The Contract Time or Contract Price may be adjusted to the extent such changes in sequence actually increase or decrease DBE’s time or cost to perform the Work. (H) Authorized Working Days and Times. With respect to the Construction Services performed at the Project site, DBE is limited to working Monday through Friday, excluding holidays, during City’s normal business hours, except as provided in the Special Conditions or as authorized in writing by City. City reserves the right to charge DBE for additional costs incurred by City due to Work performed on days or during hours not expressly authorized in the Contract Documents, including reimbursement of costs incurred for inspection, testing, and construction management services. 5.3 Delay and Extensions of Contract Time. (A) Notice of Delay. If DBE becomes aware of any actual or potential delay affecting the critical path, DBE must promptly notify the City Engineer in writing, regardless of the 545 CC 02-04-2025 545 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 33 nature or cause of the delay, so that City has a reasonable opportunity to mitigate or avoid the delay. (B) Excusable Delay. The Contract Time may be extended if DBE encounters “Excusable Delay,” which is an unavoidable delay in completing the Work within the Contract Time due to causes completely beyond DBE’s control, and which DBE could not have avoided or mitigated through reasonable care, planning, foresight, and/or diligence, provided that DBE is otherwise fully performing its obligations under the Contract Documents. Grounds for Excusable Delay may include fire, natural disasters including earthquake or unusually severe weather, acts of terror or vandalism, epidemic, unforeseeable adverse government actions, unforeseeable actions of third parties, encountering unforeseeable hazardous materials, unforeseeable site conditions, or suspension for convenience under Article 13. The Contract Time will not be extended based on circumstances which will not unavoidably delay completing the Work within the Contract Time based on critical path analysis. (C) Non-Excusable Delay. Delay which DBE could have avoided or mitigated through reasonable care, planning, foresight and/or diligence is “Non-Excusable Delay.” DBE is not entitled to an extension of Contract Time or any compensation for Non- Excusable Delay, or for Excusable Delay that is concurrent with Non-Excusable Delay. Non-Excusable Delay includes delay caused by: (1) weather conditions which are normal for the location of the Project, as determined by reliable records, including monthly rainfall averages, for the preceding ten years; (2) DBE’s failure to order equipment and materials sufficiently in advance of the time needed for completion of the Work within the Contract Time; (3) DBE’s failure to provide adequate notification to utility companies or agencies for connections or services necessary for completion of the Work within the Contract Time; (4) Foreseeable conditions which DBE could have ascertained from reasonably diligent inspection of the Project site or review of the Contract Documents or other information provided or available to DBE; (5) DBE’s failure. refusal, or financial inability to perform the Work within the Contract Time, including insufficient funds to pay its Subcontractors or suppliers; (6) performance or non-performance by DBE’s Subcontractors or suppliers; (7) the time required to respond to excessive RFIs (see Section 2.7(G)); (8) delayed submission of required submittals, or the time required for correction and resubmission of defective submittals; (9) time required for repair of, re-testing, or re-inspection of defective Work; (10) enforcement of Laws by City, or outside agencies with jurisdiction over the Work; or (11) City’s exercise or enforcement of any of its rights or DBE’s duties pursuant to the Contract Documents, including correction of defective Work, extra inspections or testing due to non-compliance with Contract requirements, safety 546 CC 02-04-2025 546 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 34 compliance, environmental compliance, or rejection and return of defective or deficient submittals. (D) Compensable Delay. Pursuant to Public Contract Code § 7102, in addition to entitlement to an extension of Contract Time, DBE is entitled to compensation for costs incurred due to delay caused solely by City, when that delay is unreasonable under the circumstances involved and not within the contemplation of the parties (“Compensable Delay”). DBE is not entitled to an extension of Contract Time or recovery of costs for Compensable Delay that is concurrent with Non-Excusable Delay. Delay due to Weather Delay Days in excess of normal for a given month, as set forth in Section 5.3(C), is not Compensable Delay, and will only entitle DBE to an extension of time commensurate with the time lost due to such delay. (E) Concurrent Delay. DBE is not entitled to an extension of Contract Time or recovery of costs for any Compensable Delay that is concurrent with Non-Excusable Delay. (F) Weather Delay. A “Weather Delay Day” is a Working Day during which DBE and its forces, including Subcontractors, are unable to perform more than 40% of the critical path Work scheduled for that day due to adverse weather conditions which impair the ability to safely or effectively perform the scheduled critical path Work that day. Adverse weather conditions may include rain, saturated soil, and Project site cleanup required due to adverse weather. Determination of what constitutes critical path Work scheduled for that day will be based on the most current, City-approved schedule. (1) Based on historic records for the Project location from the Western Regional Climate Center, DBE’s schedule should assume the following number of normal Weather Delay Days and precipitation for each month: Month # Normal Weather Precipitation Delay Days January 6 2.86 February 6 2.66 March 6 2.29 April 3 1.20 May 1 0.44 June 0 0.10 July 0 0.02 August 0 0.07 September 1 0.19 October 2 0.76 November 4 1.51 December 5 2.43 Total 34 14.53 (2) DBE will be entitled to a non-compensable extension of the Contract Time for each Weather Delay Day in excess of the normal Weather Delay Days within a given month, as set forth in Section 5.3(F)(1) above, subject to the following limitations: a. DBE must fully comply with the applicable procedures in Article 5 and 6 of these General Conditions regarding requests to modify the Contract Time. b. Normal Weather Delay Days which do not occur during a given month do not carry over to another month. 547 CC 02-04-2025 547 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 35 c. DBE will not be entitled to an extension of time for a Weather Delay Day to the extent DBE is responsible for concurrent delay on that day. d. DBE must take reasonable steps to mitigate the consequences of Weather Delay Days, including prudent workforce management and protecting the Work, Project Site, materials, and equipment. (G) Recoverable Costs. DBE is not entitled to compensation for Excusable Delay unless it is Compensable Delay, as defined above. DBE is entitled to recover only the actual, direct, reasonable, and substantiated costs (“Recoverable Costs”) for each working day that the Compensable Delay prevents DBE from proceeding with more than 50% of the critical path Work scheduled for that day, based on the most recent progress schedule accepted by City. Recoverable Costs will not include home office overhead or lost profit. (H) Request for Extension of Contract Time or Recoverable Costs. A request for an extension of Contract Time or any associated Recoverable Costs must be submitted in writing to City within 14 calendar days of the date the delay is first encountered, even if the duration of the delay is not yet known at that time, or any entitlement to the Contract Time extension or to the Recoverable Costs will be deemed waived. In addition to complying with the requirements of this Article 5, the request must be submitted in compliance with the Change Order request procedures in Article 6 below. Strict compliance with these requirements is necessary to ensure that any delay or consequences of delay may be mitigated as soon as possible, and to facilitate cost- efficient administration of the Project and timely performance of the Work. Any request for an extension of Contract Time or Recoverable Costs that does not strictly comply with all of the requirements of Article 5 and Article 6 will be deemed waived. (1) Required Contents. The request must include a detailed description of the cause(s) of the delay, and must also describe the measures that DBE has taken to mitigate the delay and/or its effects, including efforts to mitigate the cost impact of the delay, such as by workforce management or by a change in sequencing. If the delay is still ongoing at the time the request is submitted, the request should also include DBE’s plan for continued mitigation of the delay or its effects. (2) Delay Days and Costs. The request must specify the number of days of Excusable Delay claimed, or provide a realistic estimate if the duration of the delay is not yet known. If DBE believes it is entitled to Recoverable Costs for Compensable Delay, the request must specify the amount and basis for the Recoverable Costs that are claimed, or provide a realistic estimate if the amount is not yet known. Any estimate of delay duration or cost must be updated in writing and submitted with all required supporting documentation as soon as the actual time and cost is known. The maximum extension of Contract Time will be the number of calendar days, if any, by which an Excusable Delay or a Compensable Delay exceeds a concurrent Non-Excusable Delay. DBE is entitled to an extension of Contract Time, or compensation for Recoverable Costs, only if, and only to the extent that, such delay will unavoidably delay Final Completion. (3) Supporting Documentation. The request must also include any and all supporting documentation necessary to evidence the delay and its actual impacts, including scheduling and cost impacts with a time impact analysis using critical path methodology and demonstrating the unavoidable delay to Final 548 CC 02-04-2025 548 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 36 Completion. The time impact analysis must be submitted in a form or format acceptable to City. (4) Burden of Proof. DBE has the burden of proving that: (a) the delay was an Excusable or Compensable Delay, as defined above; (b) DBE has made reasonable efforts to mitigate the delay and its schedule and cost impacts; (c) the delay will unavoidably result in delaying Final Completion; and (d) any Recoverable Costs claimed by DBE were actually incurred and were reasonable under the circumstances. (5) Legal Compliance. Nothing in this provision is intended to require the waiver, alteration, or limitation of the applicability of Public Contract Code § 7102. (6) No Waiver. Any grant of an extension of Contract Time, or compensation for Recoverable Costs due to Compensable Delay, will not operate as a waiver of City’s right to assess liquidated damages for Non-Excusable Delay. (7) Dispute Resolution. In the event of a dispute over entitlement to an extension of Contract Time or compensation for Recoverable Costs, DBE may not stop working pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work. DBE’s sole recourse for an unresolved dispute based on City’s rejection of a Change Order request for an extension of Contract Time or compensation for Recoverable Costs is to comply with the dispute resolution provisions set forth in Article 12 below. 5.4 Liquidated Damages. It is expressly understood that if Final Completion is not achieved within the Contract Time, City will suffer damages from the delay that are difficult to determine and accurately specify. Pursuant to Public Contract Code § 7203, if DBE fails to achieve Final Completion within the Contract Time, City will charge DBE in the amounts specified in the Contract for each day Final Completion is delayed beyond the Contract Time, as liquidated damages and not as a penalty. (A) Liquidated Damages. Liquidated damages will not be assessed for any Excusable Delay, as set forth above. (B) Milestones/Deadlines. Liquidated damages will also be separately assessed for failure to meet milestones or deadlines specified elsewhere in the Contract Documents. (C) Setoff. City is entitled to deduct the amount of liquidated damages assessed against any payments otherwise due to DBE, including progress payments, Final Payment, or unreleased retention. If there are insufficient Contract funds remaining to cover the full amount of liquidated damages assessed, City is entitled to recover the balance from DBE or its performance bond surety. (D) Occupancy or Use. Occupancy or use of the Project in whole or in part prior to Final Completion does not constitute City’s acceptance of Project and will not operate as a waiver of City’s right to assess liquidated damages for DBE’s Non-Excusable Delay in achieving Final Completion. (E) No Limitation on Other Remedies. City’s right to liquidated damages under this Section applies only to damages arising from DBE’s Non-Excusable Delay or failure to complete the Work within the Contract Time. City retains its right to pursue all other remedies under the Contract for other types of damage, including damage to property or persons, costs or diminution in value from defective materials or workmanship, costs to repair or complete the Work, or other liability caused by DBE. 549 CC 02-04-2025 549 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 37 Article 6 - Contract Modification 6.1 Contract Modification. Subject to the limited exception set forth in subsection (D) below, any change in the Work or the Contract Documents, including the Contract Price or Contract Time, will not be a valid and binding change to the Contract unless it is formalized in a Change Order, including a “no-cost” Change Order or a unilateral Change Order. Change in the Work pursuant to this Article 6 will not operate to release, limit, or abridge DBE’s warranty obligations pursuant to Article 11 or any obligations of DBE’s bond sureties. (A) City-Directed Changes. City may direct changes in the scope or sequence of Work or the requirements of the Contract Documents, without invalidating the Contract. Such changes may include Extra Work as set forth in subsection (C) below, deletion or modification of portions of the Work, or other modifications determined by City, acting in its sole discretion, to be in City’s best interest. Pursuant to section 3.23.170 of the Cupertino Municipal Code, City reserves the right to delete up to 25% of the Work. Any change in the Work, whether directed by City or pursuant to DBE’s request for a Change Order under Section 6.2 below, will not be a valid and binding change to the Contract unless it is formalized in a Change Order, which may include commensurate changes in the Contract Price or Contract Time as applicable. DBE must promptly comply with City- directed changes in the Work in accordance with the original Contract Documents, even if DBE and City have not yet reached agreement as to adjustments to the Contract Price or Contract Time for the change in the Work or for the Extra Work. DBE is not entitled to extra compensation for cost savings resulting from “value engineering” pursuant to Public Contract Code section 7101 except to the extent authorized in advance by City in writing, and subject to any applicable procedural requirements for submitting a proposal for value engineering cost savings. (B) Disputes. In the event of a dispute over entitlement to or the amount of a change in Contract Time or a change in Contract Price related to a City-directed change in the Work, DBE must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute. Likewise, in the event that City and DBE dispute whether a portion or portions of the Work are already required by the Contract Documents or constitute Extra Work, or otherwise dispute the interpretation of any portion(s) of the Contract Documents, DBE must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute, as directed by City. If DBE refuses to perform the Work in dispute, City may, acting in its sole discretion, elect to delete the Work from the Contract and reduce the Contract Price accordingly, and self-perform the Work or direct that the Work be performed by others. Alternatively, City may elect to terminate the Contract for convenience or for cause. DBE’s sole recourse for an unresolved dispute related to changes in the Work or performance of any Extra Work is to comply with the dispute resolution provisions set forth in Article 12, below. (C) Extra Work. City may direct DBE to perform Extra Work related to the Project. DBE must promptly perform any Extra Work as directed or authorized by City in accordance with the original Contract Documents, even if DBE and City have not yet reached agreement on adjustments to the Contract Price or Contract Time for such Extra Work. DBE must maintain detailed daily records that itemize the cost of each element of Extra Work, and sufficiently distinguish the direct cost of the Extra Work from the cost of other Work performed. For each day that DBE performs Extra Work, or Work that DBE 550 CC 02-04-2025 550 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 38 contends is Extra Work, DBE must submit no later than the following Working Day, a daily report of the Extra Work performed that day and the related costs, together with copies of certified payroll, invoices, and other documentation substantiating the costs (“Extra Work Report”). The City Engineer will make any adjustments to DBE’s Extra Work Report(s) based on the City Engineer’s records of the Work. When an Extra Work Report(s) is agreed on and signed by both City and DBE, the Extra Work Report(s) will become the basis for payment under a duly authorized and signed Change Order. Failure to submit the required documentation by close of business on the next Working Day is deemed a full and complete waiver for any change in the Contract Price or Contract Time for any Extra Work performed that day. (D) Minor Changes and RFIs. Minor field changes, including RFI replies from City, that do not affect the Contract Price or Contract Time and that are approved by the City Engineer acting within his or her scope of authority, do not require a Change Order. By executing an RFI reply from City, DBE agrees that it will perform the Work as clarified therein, with no change to the Contract Price or Contract Time. (E) Remedy for Non-Compliance. DBE’s failure to promptly comply with a City- directed change is deemed a material breach of the Contract, and in addition to all other remedies available to it, City may, at its sole discretion, hire another contractor or use its own forces to complete the disputed Work at DBE’s sole expense, and may deduct the cost from the Contract Price. 6.2 DBE Change Order Requests. DBE must submit a request or proposal for a change in the approved Construction Documents or a change in the Contract Price or Contract Time, based on unforeseen circumstances or change in scope, as a written Change Order request or proposal. (A) Time for Submission. Any request for a change in the Contract Price or the Contract Time must be submitted in writing to the Project Manager within ten calendar days of the date that DBE first encounters the circumstances, information or conditions giving rise to the Change Order request, even if the total amount of the requested change in the Contract Price or impact on the Contract Time is not yet known at that time. If City requests that DBE propose the terms of a Change Order, unless otherwise specified in City’s request, DBE must provide the Project Manager with a written proposal for the change in the Contract Price or Contract Time within five working days of receiving City’s request, in a form satisfactory to the City Engineer. (B) Required Contents. Any Change Order request or proposal submitted by DBE must include a complete breakdown of actual or estimated costs and credits, and must itemize labor, materials, equipment, taxes, insurance, subcontract amounts, and, if applicable, Extra Work Reports. Any estimated cost must be updated in writing as soon as the actual amount is known. (C) Required Documentation. All claimed costs must be fully documented, and any related request for an extension of time or delay-related costs must be included at that time and in compliance with the requirements of Article 5 of the General Conditions. (D) Required Form. DBE must use City’s form(s) for submitting all Change Order requests or proposals, unless otherwise specified by City. (E) Certification. All Change Order requests must be signed by DBE and must include the following certification: “The undersigned DBE certifies under penalty of perjury that its statements and representations in this Change Order request are true and correct. DBE 551 CC 02-04-2025 551 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 39 warrants that this Change Order request is comprehensive and complete, and agrees that any costs, expenses, or time extension request not included herein will be deemed waived. DBE understands that submission of claims which have no basis in fact or which DBE knows to be false may violate the False Claims Act, as set forth in Government Code § 12650 et seq.” 6.3 Adjustments to Contract Price. The amount of any increase or decrease in the Contract Price will be determined based on one of the following methods listed below, in the order listed with unit pricing taking precedence over the other methods. Markup applies only to City-authorized time and material Work and does not apply to any other payments to DBE. For Work items or components that are deleted in their entirety, DBE will only be entitled to compensation for those direct, actual, and documented costs (including restocking fees), reasonably incurred before DBE was notified of the City’s intent to delete the Work, with no markup for overhead, profit, or other indirect costs. (A) Unit Pricing. Amounts previously provided by DBE in the form of unit prices, either in the Proposal or in a schedule of values, will apply if such unit pricing has previously been provided for the affected Work and accepted by City. No additional markup for overhead or profit will be added to the calculation. (B) Lump Sum. A mutually agreed upon lump sum for the affected Work with no additional markup for overhead, profit, or other indirect costs. (C) Time and Materials. On a time and materials basis, if and only to the extent compensation on a time and materials basis is expressly authorized by City in advance of DBE’s performance of the Work and subject to a not-to-exceed limit. Time and materials compensation for increased costs or Extra Work (but not decreased costs or deleted Work), will include allowed markup for overhead, profit, and other indirect costs, and which may include a not-to-exceed limit, calculated as the total of the following sums the cumulative total of which may not exceed the maximum markup rate of 15%: (1) All direct labor costs provided by DBE or its general contractor, excluding superintendence, plus 15% for overhead and profit; (2) All direct material costs provided by DBE or its general contractor, including sales tax, plus 15% for overhead and profit; (3) All direct plant and equipment rental costs provided by DBE or its general contractor, plus 15% for overhead and profit; (4) All direct subcontract costs plus 10% markup for overhead and profit for Work performed by Subcontractors; and (5) Increased bond or insurance premium costs computed at 1.5% of total of the previous four sums. 6.4 Unilateral Change Order. If the parties dispute the terms of a proposed Change Order, including disputes over the amount of compensation or extension of time that DBE has requested, the value of deleted or changed Work, or quantities used, City may elect to issue a unilateral Change Order, directing performance of the Work, and authorizing a change in the Contract Price or Contract Time for the amount of compensation or added time that the City believes is merited. DBE’s sole recourse to dispute the terms of a unilateral Change Order is to submit a timely Claim pursuant to Article 12, below. 552 CC 02-04-2025 552 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 40 6.5 Non-Compliance Deemed Waiver. DBE waives its entitlement to any increase in the Contract Price or Contract Time if DBE fails to fully comply with the provisions of this Article. DBE will not be paid for unauthorized extra work. Article 7 - General Construction Provisions 7.1 Permits, Fees, Business License, and Taxes. (A) Permits, Fees, and City Business License. DBE must obtain and pay for all permits, fees, or licenses required to perform the Work, unless otherwise indicated in the Contract Documents. DBE must cooperate with and provide notifications to government agencies with jurisdiction over the Project, as may be required. DBE must provide City with copies of all records of permits and permit applications, payments of required fees, and any licenses, required for the Work. DBE, members of the DB Team, and Subcontractor(s) must obtain a City Business License before beginning Work on the Project, unless its sole business contract within the City is the sale of goods or services to the City itself. (B) Taxes. DBE must pay for all taxes on labor, material and equipment, except Federal Excise Tax to the extent that City is exempt from Federal Excise Tax. 7.2 Temporary Facilities. DBE must provide, at DBE’s sole expense, any and all temporary facilities, including onsite office, sanitary facilities, storage, scaffolds, barricades, walkways, and any other temporary structure required to safely perform the Work along with any utility services incidental thereto. The location of all temporary facilities must be approved by the City prior to installation. Temporary facilities must be safe and adequate for the intended use and installed and maintained in accordance with Laws and the Contract Documents. DBE must fence and screen the Project site and, if applicable, any separate Worksites, including the staging area, and its operation must minimize inconvenience to neighboring properties. Additional provisions pertaining to temporary facilities may be included in the Specifications or Special Conditions. (A) Utilities. DBE must install and maintain the power, water, sewer and all other utilities required for the Project site, including the piping, wiring, internet and wifi connection, and any related equipment necessary to maintain the temporary facilities. (B) Removal and Repair. DBE must promptly remove all such temporary facilities when they are no longer needed or upon completion of the Work, whichever comes first. DBE must promptly repair any damage to City’s property or to other property caused by the installation, use, or removal of the temporary facilities, and must promptly restore the property to its original or intended condition. (C) Additional Requirements. Additional provisions pertaining to temporary facilities may be included in the Bridging Documents or Special Conditions 7.3 Noninterference and Site-Management. DBE must avoid interfering with City’s use of its property at or adjacent to the Project site, including use of roadways, entrances, parking areas, walkways, and structures. DBE must also minimize disruption of access to private property in the Project vicinity. DBE must coordinate with affected property owners, tenants, and businesses, and maintain some vehicle and pedestrian access to their residences or properties at all times. Temporary access ramps, fencing or other measures must be provided as needed. Before blocking access to a private driveway or parking lot, DBE must provide effective notice to the affected parties at least 2 working days in advance of the pending closure and allow them to remove vehicles. Private 553 CC 02-04-2025 553 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 41 driveways, residences and parking lots must have access to a roadway during non-Work hours. (A) Offsite Acquisition. Unless otherwise provided by City, DBE must acquire, use and dispose of, at its sole expense, any additional Worksites, licenses, easements, and temporary facilities necessary to access and perform the Work. (B) Offsite Staging Area and Field Office. If additional space beyond the Project site is needed, such as for the staging area or the field office, DBE may need to make arrangements with the nearby property owner(s) to secure the space. Before using or occupying any property owned by a third party, DBE must provide City with a copy of the necessary license agreement, easement, or other written authorization from the property owner, together with a written release from the property owner holding City harmless from any related liability, in a form acceptable to the City Attorney. (C) Traffic Management. DBE must provide traffic management and traffic controls as specified in the Contract Documents, as required by Laws, and as otherwise required to ensure the public and worker safety, and to avoid interference with public or private operations or the normal flow of vehicular, bicycle, or pedestrian traffic. Any traffic management plans required to be submitted, must be prepared by a California License Professional including Registration Stamp and reviewed and accepted by the City prior to installation of any traffic management controls. 7.4 Signs. No signs may be displayed on or about City’s property, except signage which is required by Laws or by the Contract Documents, without City’s prior written approval as to size, design, and location. DBE must furnish and install all signs at DBE’s sole expense, including signs required by Laws or the Contract Documents. 7.5 Project Site and Nearby Property Protections. (A) General. DBE is responsible at all times, on a 24-hour basis and at its sole cost, for protecting the Work, the Project site, and the materials and equipment to be incorporated into the Work, until the notice of completion has been recorded. Except as specifically authorized by City, DBE must confine its operations to the area of the Project site indicated in the Bridging Documents. DBE is liable for any damage caused by DBE or its Subcontractors to the Work, City’s property, the property of adjacent or nearby property owners, and the work or personal property of other contractors working for City. In addition, DBE is responsible for damage caused by its failure to adequately secure the Work or any Worksite. (1) Subject to City’s approval, DBE will provide and install safeguards to protect the Work, any Worksite, including the Project site. City’s real or personal property, and the real or personal property of adjacent or nearby property owners, including plant and tree protections. (2) Cupertino Sanitary District and the City of Sunnyvale own and operate wastewater systems within City and they may not be interrupted. If the Work disrupts existing sewer facilities, DBE must immediately notify City to determine who owns the system and establish a plan, subject to the systems owner’s approval, to convey the sewage in closed conduits back into the sanitary sewer system. Sewage must not be permitted to flow in trenches or be covered by backfill. (3) DBE must remove with due care, and store at City’s request, any objects or material from the Project site that City will salvage or reuse at another location. 554 CC 02-04-2025 554 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 42 (4) If directed by City Engineer, DBE must promptly repair or replace any property damage, as specified by the City Engineer. However, acting in its sole discretion, City may elect to have the property damage remedied otherwise, and may deduct the cost to repair or replace the damaged property from payment otherwise due to DBE. (5) DBE will not permit any structure or infrastructure to be loaded in a manner that will damage or endanger the integrity of the structure or infrastructure. (B) Securing Project Site. After completion of Work each day, DBE must secure the Project site and, to the extent feasible, make the area reasonably accessible to the public unless City approves otherwise. All excess materials and equipment not protected by approved traffic control devices must be relocated to the staging area or demobilized. Trench spoils must be hauled off the Project site daily and open excavations must be protected with steel plates. DBE and Subcontractor personnel may not occupy or use the Project site for any purpose during non-Work hours, except as may be provided in the Contract Documents or pursuant to prior written authorization from City. (C) Unforeseen Conditions. If DBE encounters facilities, utilities, or other unknown conditions not shown on or reasonably inferable from the Bridging Documents, record drawings, or other documents or information made available to DBE, or which are not apparent from inspection of the Project site, DBE must immediately notify the City and promptly submit a Request for Information to obtain further direction from the City Engineer. DBE must avoid taking any action which could cause damage to the facilities or utilities pending further direction from the City Engineer. The City Engineer’s written response will be final and binding on DBE. If the City Engineer’s subsequent direction to DBE affects DBE’s cost or time to perform the Work, DBE may submit a Change Order request as set forth in Article 6 above. (D) Support; Adjacent Properties. DBE must provide, install, and maintain all shoring, bracing, and underpinning necessary to provide support to City’s property and adjacent properties and improvements thereon. DBE must provide notifications to adjacent property owners as may be required by Laws. See also, Section 7.14, Trenching of Five Feet or More. (E) Notification of Property Damage. DBE must immediately notify the City of damage to any real or personal property resulting from Work on the Project. DBE must immediately provide a written report to City of any such property damage within 24 hours of the occurrence. The written report must include: (1) the location and nature of the damage, and the owner of the property, if known; (2) the name and address of each employee of DBE or any Subcontractor involved in the damage; (3) a detailed description of the incident, including precise location, time, and names and contact information for known witnesses; and (4) a police or first responder report, if applicable. If DBE is required to file an accident report with another government agency, DBE will provide a copy of the report to City. 7.6 Materials and Equipment. (A) General. Unless otherwise specified, all materials and equipment required for the Work must be new, free from defects, and of the best grade for the intended purpose, and furnished in sufficient quantities to ensure the proper and expeditious performance of the Work. DBE must employ measures to preserve the specified quality and fitness of the materials and equipment. Unless otherwise specified, all materials and equipment required for the Work are deemed to include all components required for complete installation and intended operation and must be installed in accordance with the manufacturer’s recommendations or instructions. DBE is responsible for all shipping, 555 CC 02-04-2025 555 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 43 handling, and storage costs associated with the materials and equipment required for the Work and is responsible for providing security and protecting the Work and all of the required materials, supplies, tools and equipment at DBE’s sole cost until City has formally accepted the Project as set forth in Section 11.1, Final Completion. DBE will not assign, sell, mortgage, or hypothecate any materials or equipment for the Project, or remove any materials or equipment that have been installed or delivered. (B) City-Provided. If the Work includes installation of materials or equipment to be provided by City, DBE is solely responsible for the proper examination, handling, storage, and installation of such items in accordance with the Contract Documents. DBE must promptly notify City of any defects discovered in City-provided materials or equipment, sufficiently in advance of scheduled use or installation to afford adequate time to procure replacement materials or equipment as needed. DBE is solely responsible for any loss of or damage to such items which occurs while the items are in DBE’s custody and control, the cost of which may be offset from the Contract Price and deducted from any payment(s) due to DBE. (C) Existing City Equipment. DBE will carefully remove all existing equipment from the Worksite. If the City specifies or indicates that equipment is to be salvaged and reused or to remain the property of City then the DBE will reuse or return the equipment to the City. DBE will store and protect salvaged equipment specified to be reused in the Work. DBE will deliver to the City in good condition the equipment that is to remain City property but not be reused in the Work. (1) If an item specified to be salvaged is damaged during its removal, storage, or handling through carelessness or improper procedures, then DBE will replace that equipment in kind or with a new item. For those items specified to be salvaged DBE may choose to instead furnish and install new equipment, in which case the original, removed items will become DBE’s property. Existing materials and equipment removed by DBE will only be reused in the Work if so specified or indicated by the City. (D) Intellectual Property Rights. DBE must, at its sole expense, obtain any authorization required for use of patented or copyright-protected materials, equipment, devices or processes that are incorporated into the Work. DBE’s indemnity obligation in Article 4 applies to any claimed violation of intellectual property rights. (E) Certificate of Compliance. When a Certificate of Compliance is specified, or for any material or item (“material”) produced or assembled outside of the United States, DBE must submit a Certificate of Compliance before incorporating that material into the Project. A Certificate of Compliance must be submitted for each lot of material delivered to the Project site, and in a form acceptable to the City Engineer, identifying the material, its source, and the lot. Each Certificate of Compliance must be signed by the material producer stating that the material fully complies with the applicable requirements of the Specifications. Submission of a Certificate of Compliance will not limit DBE’s continuing obligation to use only materials that conform with the requirements of the Contract Documents. Any materials furnished pursuant to a Certificate of Compliance may be inspected or tested at any time by City, subject to the inspection and testing provisions of Article 7, and defective or non-conforming material may be rejected at any time, even if already installed. (F) Site Materials. Except as otherwise specified, City retains full ownership of and all rights to use any water, soil, stone, gravel, sand, minerals or other materials (“Site Materials”) on City property, including the Project site, and including any site materials that have been extracted, excavated, or otherwise affected or made accessible by performance of the Work. However, City, acting in its sole discretion, may provide written 556 CC 02-04-2025 556 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 44 authorization in the Special Conditions or in the Specifications or in a Change Order for DBE to make use of or incorporate specified Site Materials in the Work. 7.7 Testing and Inspection. (A) General. All materials, equipment, and workmanship used in the Work are subject to inspection and testing by City at all times and locations during construction and/or fabrication and at any Worksite, including at shops and yards as well as at the Project site, or at the plant of a manufacturer of materials or items to be incorporated into the Work. All manufacturers’ application or installation instructions must be provided to the Inspector at least ten days prior to the first such application or installation. DBE must, at all times, make the Work available for testing or inspection. Neither City’s inspection or testing of Work, nor its failure to do so, operate to waive or limit DBE’s duty to complete the Work in accordance with the Contract Documents. (B) Scheduling and Notification. DBE must cooperate with City in coordinating the inspections and testing. DBE must submit samples of materials, at DBE’s expense, and schedule all tests required by the Contract Documents in time to avoid any delay to the progress of the Work. DBE must notify the City Engineer in writing no later than two Working Days before any inspection or testing is being requested and must provide timely notice to all necessary parties as specified in the Contract Documents. If DBE schedules an inspection or test beyond regular Work hours, or on a Saturday, Sunday, or recognized City holiday, DBE must seek, in writing, City Engineer’s approval at least two Working Days in advance. If approved, DBE must reimburse City for the cost of the overtime inspection or testing. Such costs, including the City’s hourly costs for required personnel and Inspector, may be deducted from payments otherwise due to DBE. (C) Responsibility for Costs. City will bear the initial cost of inspection and testing to be performed by independent inspections and/or testing consultants retained by City, subject to the following exceptions: (1) DBE will be responsible for the costs of any subsequent inspections and/or tests which are required to substantiate compliance with the Contract Documents, and any associated remediation costs. (2) DBE will be responsible for inspection and testing costs, at the rate charged by the consultant retained by the City to provide inspection and testing services, and for inspection and testing time lost because the Work is not ready or DBE fails to appear for a scheduled inspection. (3) If any portion of the Work that is subject to inspection or testing is covered or concealed by DBE prior to the inspection or testing, DBE will bear the cost of making that portion of the Work available for the inspection or testing required by the Contract Documents, and any associated repair or remediation costs. (4) DBE is responsible for properly shoring all compaction test sites deeper than five feet below grade, as required under Section 7.14 below. (5) Any Work or material that is defective or fails to comply with the requirements of the Contract Documents must be promptly repaired, removed, replaced, or corrected by DBE, at DBE’s sole expense, even if that Work or material was previously inspected or included in a progress payment. (D) DBE’s Obligations. All Work and materials must conform to the lines, grades, typical cross sections, dimensions, material requirements, and tolerances shown or 557 CC 02-04-2025 557 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 45 described by the Construction Documents. City, acting in its sole discretion, will determine whether Work or materials conform to the Construction Documents, including allowable deviations. City’s determination as to conformity or allowable deviations is final. DBE is solely responsible for any delay occasioned by remediation of defective or noncompliant Work or material. Inspection of the Work does not in any way relieve DBE of its obligations to perform the Work as specified in the Construction Documents. Any Work done without the required inspection(s) will also be subject to rejection by City. Any Work that fails to comply with the requirements of the Contract Documents must be promptly repaired, replaced, or corrected by DBE, at DBE’s sole expense, even if that Work was previously inspected or included in a progress payment. DBE is solely responsible for any delay occasioned by remediation of noncompliant Work. Inspection of the Work does not in any way relieve DBE of its obligations to perform the Work as specified. (E) Distant Locations. If required off-site testing or inspection must be conducted at a location more than 100 miles from the Project site, DBE is solely responsible for the additional travel costs required for testing and/or inspection at such locations. (F) Plant Inspection. If specified in the Contract Documents, or upon written request by City, DBE must use its best efforts to facilitate and arrange for City’s inspection, sampling or testing of materials or items required for the Work at the plant or facility from which the materials or items are to be obtained. DBE’s best efforts must include contacting the producer or manufacturer on a timely basis to schedule inspection by City’s selected representative, including appropriate access and any safety equipment, all at no cost to City. The inspection must be scheduled sufficiently in advance of the planned shipping or production date to allow for alternative arrangements if the City determined that the materials or items do not meet the requirements of the Specifications. Nothing in this provision obligates City to inspect materials or items at the source plant or facility. (G) Final Inspection. The provisions of this Section 7.7 also apply to final inspection under Article 11, Completion and Warranty Provisions. 7.8 Project Site Conditions and Maintenance. DBE must at all times, on a 24-hour basis and at its sole cost, maintain the Project site and staging and storage areas in clean, neat and sanitary condition and in compliance with all Laws pertaining to safety, air quality and dust control. Adequate toilets must be provided and properly maintained and serviced for all workers on the Project site, located in a suitably secluded area, subject to City’s prior approval. DBE must also, on a daily basis and at its sole cost, remove and properly dispose of the debris and waste materials from the Project site. (A) Protection of Existing Property, Structures, and Utilities. If the Specifications indicate existing above-grade and below-grade structures, drainage lines, storm drains, sewers, water, gas, electrical, phone and data cable, and other similar items or utilities known to the City, then DBE will locate these known existing installations before proceeding with trenching or other operations which may cause damage, will maintain them in service where appropriate, and will repair any damage caused to them by the Work, at no increase in the Contract Price. (1) DBE may temporarily mark or paint the ground, pavement, sidewalk, or any other improvements, but must not do so in a public right-of-way or on the Project site more than 30 days prior to the commencement of excavation work performed in connection with an installation. Any mark or paint must be removed from all surfaces, including any decorative work, within 30 days of the completion of the excavation work. DBE is responsible for any expense associated with damages caused by the DBE’s mark or paint, including the removal thereof. 558 CC 02-04-2025 558 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 46 (2) DBE will record the location and existence of pavement markers and striping prior to construction, and will provide such records to the City Engineer. DBE will replace in kind any permanent paving marker or striping that it removes or damages, or as marked in the Specifications, at its expense. (B) Air Emissions Control. DBE must not discharge smoke or other air contaminants into the atmosphere in violation of any Laws. (C) Dust and Debris. DBE must minimize and confine dust and debris resulting from the Work. DBE must abate dust nuisance by cleaning, sweeping, and immediately sprinkling with water excavated areas of dirt or other materials prone to cause dust, and within one hour after the City Engineer notifies DBE that an airborne nuisance exists. The City Engineer may direct that DBE provide an approved water-spraying truck for this purpose. If water is used for dust control, DBE will only use the minimum necessary. DBE must take all necessary steps to keep waste water out of streets, gutters, or storm drains. See Section 7.19, Storm Water Pollution Control. If City determines that the dust control is not adequate, City may have the work done by others and deduct the cost from the Contract Price. DBE will immediately remove any excess excavated material from the Project site and any dirt deposited on public streets. (D) Clean up. Before discontinuing Work in an area, DBE must clean the area and remove all debris and waste along with the construction equipment, tools, machinery, waste and surplus materials. (1) Except as otherwise specified, all excess Project materials, and the materials removed from existing improvements on the Project site with no salvage value or intended reuse by City, will be DBE’s property. (2) Hauling trucks and other vehicles leaving the Project site must be cleaned of exterior mud or dirt before traveling on City streets. Materials and loose debris must be delivered and loaded to prevent dropping materials or debris. DBE must immediately remove spillage from hauling on any publicly traveled way. Streets affected by Work on the Project must be kept clean by street sweeping. (E) Disposal. DBE must dispose of all Project debris and waste materials in a safe and legal manner. DBE may not burn or bury waste materials on the Project site. DBE will not allow any dirt, refuse, excavated material, surplus concrete or mortar, or any associated washings, to be disposed of onto streets, into manholes or into the storm drain system. (F) Completion. At the completion of the Work, DBE must remove from the Project site all of its equipment, tools, surplus materials, waste materials and debris, presenting a clean and neat appearance. Before demobilizing from the Project site, DBE must ensure that all surfaces are cleaned, sealed, waxed, or finished as applicable, and that all marks, stains, paint splatters, and the like have been properly removed from the completed Work and the surrounding areas. DBE must ensure that all parts of the construction are properly joined with the previously existing and adjacent improvements and conditions. DBE must provide all cutting, fitting and patching needed to accomplish that requirement. DBE must also repair or replace all existing improvements that are damaged or removed during the Work, both on and off the Project site, including curbs, sidewalks, driveways, fences, signs, utilities, street surfaces and structures. Repairs and replacements must be at least equal to the previously existing improvements, and the condition, finish and dimensions must match the previously existing improvements. DBE must restore to original condition all property or items that are not designated for alteration under the 559 CC 02-04-2025 559 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 47 Contract Documents and leave each Worksite clean and ready for occupancy or use by City. (G) Non-Compliance. If DBE fails to comply with its maintenance and cleanup obligations or any City clean up order, City may, acting in its sole discretion, elect to suspend the Work until the condition(s) is corrected with no increase in the Contract Time or Contract Price, or undertake appropriate cleanup measures without further notice and the cost will be deducted from any amounts due or to become due to DBE. 7.9 Instructions and Manuals. DBE must provide to City one bound [hard] copy and an electronic PDF copy of all instructions and manuals required by the Contract Documents, unless otherwise specified. These must be complete as to drawings, details, parts lists, performance data, and other information that may be required for City to easily maintain and service the materials and equipment installed for this Project. (A) Submittal Requirements. The instructions and manuals, along with any required guarantees, must be delivered to City for review prior to requesting final inspection pursuant to Section 11.1(A), unless otherwise specified. (B) Training. DBE or its Subcontractors must train City’s personnel in the operation and maintenance of any complex equipment or systems as a condition precedent to Final Completion, if required in the Contract Documents. 7.10 As-built Drawings. DBE and its Subcontractors must maintain on the Worksite a separate complete set of the final City-approved Construction Documents, including drawings to be used solely for the purpose of recording changes made in any portion of the Work in order to create accurate record drawings at the end of the Project. (A) Duty to Update. The as-built drawings must be updated as changes occur, on a daily basis if necessary. Progress payments may be reduced, in whole or in part, until the as-built drawings are brought up to date to the satisfaction of City, and the City may choose to withhold the estimated cost for City to have the as-built drawings prepared from payments otherwise due to DBE. Actual locations to scale must be identified on the as-built drawings for all runs of mechanical and electrical work, including all site utilities installed underground, in walls, floors, or otherwise concealed. Deviations from the original drawings must be shown in detail. The exact location of all main runs, whether piping, conduit, ductwork or drain lines, must be shown by dimension and elevation. The location of all buried pipelines, appurtenances, or other improvements must be represented by coordinates and by the horizontal distance from visible above-ground improvements. (B) Final Completion. DBE must verify that all changes in the Work are depicted in the as-built drawings and must deliver the complete set of as-built drawings to the City Engineer for review and acceptance as a condition precedent to Final Completion and Final Payment. 7.11 Existing Utilities. (A) General. The Work may be performed in developed, urban areas with existing utilities, both above and below ground, including utilities identified in the Contract Documents or in other informational documents or records. DBE must take due care to locate identified or reasonably identifiable utilities before proceeding with trenching, excavation, or any other activity that could damage or disrupt existing utilities. This may include excavation with small equipment, potholing, or hand excavation, and, if practical, using white paint or other suitable markings to delineate the area to be excavated. Except as otherwise provided herein, DBE will be responsible for costs resulting from damage to 560 CC 02-04-2025 560 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 48 identified or reasonably identifiable utilities due to DBE’s negligence or failure to comply with the Contract Documents, including the requirements in this Article 7. (B) Unidentified Utilities. Pursuant to Government Code § 4215, if, during the performance of the Work, DBE discovers utility facilities not identified by City in the Contract Documents, DBE must immediately provide written notice to City and the utility. City assumes responsibility for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Project site if those utilities are not identified in the Contract Documents. DBE will be compensated in accordance with the provisions of the Contract Documents for the costs of locating, repairing damage not due to DBE’s failure to exercise reasonable care, and removing or relocating such utility facilities not indicated in the Contract Documents with reasonable accuracy, and for equipment on the Project necessarily idled during such work. DBE will not be assessed liquidated damages for delay in completion of the Work, to the extent such delay was caused by City’s failure to provide for removal or relocation of the utility facilities. 7.12 Notice of Excavation. DBE must comply with all applicable requirements in Government Code § 4216.2 through 4216.5, which are incorporated by reference herein. Government Code § 4216.2 requires that, except in an emergency, DBE must contact the appropriate regional notification center, or Underground Services Alert, at least two working days but not more than 14 calendar days before starting any excavation if the excavation will be conducted in an area that is known, or reasonably should be known, to contain subsurface installations. DBE may not begin excavation until it has obtained and submitted to City Engineer an inquiry identification number from Underground Services Alert. 7.13 Trenching and Excavations of Four Feet or More. As required by Public Contract Code § 7104, if the Work includes digging trenches or other excavations that extend deeper than four feet below the surface, the following provisions in this Section apply to the Work and the Project. (A) Duty to Notify. DBE must promptly, and before the following conditions are disturbed, provide written notice to City if DBE finds any of the following conditions: (1) Material that DBE believes may be a hazardous waste, as defined in § 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing Laws; (2) Subsurface or latent physical conditions at the Project site differing from those indicated by information about the Project site made available to DBE prior to the deadline for submitting Proposals; or (3) Unknown physical conditions at the Project site of any unusual nature, materially different from those ordinarily encountered and generally recognized as inherent in work of the character required by the Contract Documents. (B) City Investigation. City will promptly investigate the conditions and if City finds that the conditions do materially differ or do involve hazardous waste, and cause a decrease or increase in DBE’s cost of, or the time required for, performance of any part of the Work, City will issue a Change Order. (C) Disputes. In the event that a dispute arises between City and DBE regarding any of the conditions specified in subsection (A) above, DBE will not be excused from any scheduled completion date provided for in the Contract Documents, but must proceed with all Work to be performed under the Contract. DBE will retain any and all rights 561 CC 02-04-2025 561 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 49 provided either by the Contract or by Laws which pertain to the resolution of disputes between DBE and City. 7.14 Trenching of Five Feet or More. As required by Labor Code § 6705, if the Contract Price exceeds $25,000 and the Work includes the excavation of any trench or trenches of five feet or more in depth, a detailed plan must be submitted to City for acceptance in advance of the excavation. The detailed plan must show the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation. If the plan varies from the shoring system standards, it must be prepared by a California registered civil or structural engineer. Use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders is prohibited. 7.15 New Utility Connections. City will pay connection charges and meter costs for new permanent utilities required by the Contract Documents, if any. DBE must notify City sufficiently in advance of the time needed to request service from each utility provider so that connections and services are initiated in accordance with the Project schedule. 7.16 Lines and Grades. DBE is required to use any benchmark provided by the City Engineer. Unless otherwise specified in the Contract Documents, DBE must provide all lines and grades required to execute the Work. DBE must also provide, preserve, and replace if necessary, all construction stakes required for the Project. All stakes or marks must be set by a California licensed surveyor or a California registered civil engineer. DBE must notify the City Engineer of any discrepancies found between DBE’s staking and grading and information provided by the Contract Documents. Upon completion, all Work must conform to the lines, elevations, and grades shown in the Plans, included any changes directed by a Change Order. 7.17 Historic or Archeological Items. (A) DBE’s Obligations. DBE must ensure that all persons performing Work at the Project site are required to immediately notify the Inspector or Project Manager, upon discovery of any potential historic or archeological items, including historic or prehistoric ruins, burial grounds, archaeological or vertebrate paleontological site, including fossilized footprints or other archeological, paleontological or historical feature on the Project site (collectively, “Historic or Archeological Items”). (B) Discovery; Cessation of Work. Upon discovery of any potential Historic or Archeological Items, Work must be stopped within an 85-foot radius of the find and may not resume until authorized in writing by City. If required by City, DBE must assist in protecting or recovering the Historic or Archeological Items, with any such assistance to be compensated as extra work on a time and materials basis under Article 6, Contract Modification. At City's discretion, suspension of Work required due to discovery of Historic or Archeological Items will be treated as Excusable Delay pursuant to Article 5, or as a suspension for convenience under Article 13. 7.18 Recycling and Waste Disposal. (A) Approved Recycling Facility. DBE must dispose of all recyclable materials at a recycling facility approved by the City Engineer. (B) Inert Solids and Plant Materials. DBE must remove all asphalt concrete, Portland cement concrete, aggregate base material, inert solids and any plant material from the Project site and deposit at an approved recycling facility. DBE must conform the above material to an acceptable size and composition for recycling. (C) Recyclable Materials. DBE must recycle at least 65% of all materials at an approved recycling facility. 562 CC 02-04-2025 562 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 50 (D) Waste Management Plan and Disposal Report. If the California Green Building Standards Code applies to the Project, DBE must submit to the City a waste management plan prior to starting work. A disposal report is required upon completion of the Project, for materials that are hauled by DBE or by the City’s franchised hauler. If a waste management plan is required, it must be available throughout the duration of the Project for examination by the City. Electronic submittals are acceptable. The waste management plan must include the following: (1) Project title and number; (2) identify the construction methods that will be employed to reduce waste; (3) Type of material(s) to be recycled, salvaged or landfilled; (4) Specify if the waste will be sorted onsite or bulk-mixed; and (5) Name and address of recycling facility(ies) and landfill(s) to be used; The disposal report must include the following: (1) Project title; (2) Date and time of disposal; (3) Truck number; (4) Type of material recycled, salvaged, or landfilled; (5) Weight of material recycled, salvaged, or landfilled; (6) Name and address of recycling facility or landfill; (7) Certification or weight tags from facility; (8) Weight tags for all material landfilled; and (9) If the recycling goal is not met, provide an explanation, to be approved by City, for why it was not met. (E) Collection of Waste and Debris. Collection of garbage, mixed non-organic recyclables, organic waste, and any construction or demolition materials in debris boxes, compactors, or bin-by-the-day services that are not City franchisees or otherwise agents of the City is prohibited. Notwithstanding the above, DBE must dispose of debris from the Project in one of the following: (1) Franchised hauler bin; (2) A bin owned by DBE or a demolition Subcontractor provided that it is hauled by an employee of the DBE or the demolition Subcontractor and by a vehicle owned and registered to the DBE or the demolition Subcontractor; or (3) Private truck with a bed. (F) Recycling Containers. The disposal of garbage in containers designated for compostable waste recycling is prohibited. 7.19 Storm Water Pollution Control. DBE must not pollute the storm drainage system or any waterways or tributaries with waste materials, pollutants, or other harmful materials. DBE and its Subcontractors must at all times in the performance of the Work comply with all applicable Laws concerning pollution of waterways. (A) Best Management Practices. DBE must remove any waste found or generated at the Project site using the appropriate Best Management Practices (“BMPs”) and must properly dispose of the waste or pollutants off-site. If solid or liquid waste materials or pollutants from the Project enter the storm drain system, DBE must immediately notify the City’s Environmental Services Division, and thoroughly clean up the affected catch basins, storm sewer, and storm manholes to the satisfaction of the 563 CC 02-04-2025 563 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 51 City Engineer. If DBE fails to meet the requirements of this Section, the City may issue a stop-work notice and take necessary action to require DBE to set up preventive measures or clean up the storm drainage system. DBE will bear all costs related to the stop-work action and corrective work and will not be entitled to an extension of the Contract Time for any resulting delay. (B) Stormwater Permit. DBE must comply with all applicable conditions of the State Water Resources Control Board National Pollutant Discharge Elimination System (“NPDES”) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (“Stormwater Permit”). (1) Record Copy of Stormwater Permit. If required for the Work, a copy of the Stormwater Permit is on file in City’s principal administrative offices, and DBE must comply with the same without adjustment of the Contract Price or the Contract Time. DBE must timely and completely submit required reports and monitoring information required by the conditions of the Stormwater Permit. DBE also must comply with all other applicable Laws governing discharge of stormwater, including applicable municipal stormwater management programs. (2) Failure to Comply with Stormwater Permit. DBE must pay all costs and liabilities imposed by Laws as a result of DBE's failure to comply with the provisions set forth in the Contract Documents. Such costs and liabilities include, but are not limited to, fines, penalties, and damages, whether assessed against the City or DBE, including those levied under the Federal Clean Water Act and the State Porter Cologne Water Quality Act. (C) Storm Water Pollution Prevention Plan Preparation. DBE must incorporate the following BMPs, as applicable, into a site-specific Storm Water Pollution Prevention Plan (“SWPPP”), if required for the Project. The SWPPP must be approved by the City Engineer prior to construction. (1) Non-Hazardous Material/Waste Management. a. DBE must designate areas of the Project site suitable for material delivery, storage, and waste collection that, to the maximum extent practicable, are near construction entrances and away from catch basins, gutters, drainage courses, and creeks. b. DBE must store granular material at least 10 feet away from catch basin and curb returns. c. DBE must prevent granular material to enter the storm drains or creeks. d. During wet weather and when rain is forecast in the next 24 hours, DBE must cover granular material with a tarpaulin and surround the material with sandbags or other weights to ensure that tarpaulin does not expose the material during wind and rain. e. DBE will use minimal amounts of water to control dust on a daily basis or as directed by the City Engineer. f. At the end of each working day or as directed by the City, DBE must clean and sweep roadways and on-site paved areas of all materials on or adjacent to the Worksite. 564 CC 02-04-2025 564 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 52 g. Throughout the working day and at the end of each working day, or as directed by the City, DBE must pick up litter, trash, scrap, waste material, and debris from the Project site and any adjacent sidewalk, curb, and gutter area. DBE must keep the site and perimeter free from cigarette butts and other litter. h. DBE must ensure that lids for trash receptacles are kept closed and that trash receptacles are maintained in a manner that prevents overflows. i. DBE must maintain a clean and litter-free area around all trash receptacles on the site. j. DBE will not use water to flush down streets in place of street sweeping or other dry methods of spill cleanup such as applying absorbent, sweeping up material and disposing it in a waste bin. k. In addition to DBE’s obligation to recycle materials pursuant to Section 7.18 of the General Conditions, DBE must, to the maximum extent practicable, reuse or recycle any useful construction materials generated during the Project. l. DBE must inspect any waste and recycling receptacles for leaks, and must contact the City’s trash hauling franchisee to immediately replace or repair any leaking receptacles. m. DBE will not discharge water on-site as a result of cleaning recycling or trash receptacles. n. DBE must arrange for regular waste collection before receptacles overflow, and must adjust the frequency of service or the receptacle size as needed to ensure that overflows do not occur. (2) Hazardous Material/Waste Management. a. DBE must label and store all hazardous materials including but not limited to pesticides, paints, thinners, solvents, and fuels; and all hazardous wastes, including but not limited to waste oil and antifreeze; in accordance with the City’s Hazardous Materials Storage Ordinance and all applicable Laws. b. DBE must keep an accurate, up-to-date inventory, including Materials Safety Data Sheets (“MSDSs”), of hazardous materials and hazardous wastes stored on-site. c. When rain is forecast within 24 hours or during wet weather, the DBE must not apply chemicals such as pesticides and cleaners, or any materials that may potentially enter the storm drain system, in outside areas. d. DBE must not over-apply pesticides or fertilizers and must follow materials manufacturer’s instructions regarding uses, protective equipment, ventilation, flammability, and mixing of chemicals. Over- application of a pesticide constitutes a “label violation” subject to an enforcement action by the Santa Clara County Agriculture Department. e. DBE must arrange for regular hazardous waste collection to comply with all applicable time limits on storage of hazardous wastes. f. DBE must dispose of hazardous waste only at authorized and permitted treatment, storage and disposal facilities, and must use only licensed hazardous waste haulers to remove the waste off-site, unless quantities 565 CC 02-04-2025 565 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 53 to be transported are below applicable threshold limits for transportation specified in state and federal regulations. g. If DBE’s business office is located in Santa Clara County, DBE may dispose of this waste through the Countywide Hazardous Waste Program. Businesses generating less than 27 gallons or 220 pounds of hazardous waste per month are legally classified as conditionally exempt small quantity generators (“CESQGs”). Information on the CESQG program may be requested by calling the County at (408) 299-7300. (3) Spill Prevention and Control. a. DBE must keep a stockpile of spill cleanup materials, such as rags or absorbents, readily accessible on-site. b. DBE must immediately contain and prevent leaks and spills from entering storm drains, and properly clean up and dispose of the waste and cleanup materials, using dry methods to the extent feasible. If the waste is hazardous, DBE must handle the waste as described in subsection (2) above. c. DBE will not wash any spilled material into streets, gutters, storm drains, or creeks and will not bury spilled hazardous materials. d. DBE must report any hazardous materials spill by calling 911 and must notify the City’s Public Works Environmental Division at 408-777-3354. (4) Vehicle/Equipment Cleaning. a. DBE will not perform vehicle or equipment cleaning on-site or in the street using soaps, solvents, degreasers, steam cleaning equipment, or equivalent methods. b. DBE must perform vehicle or equipment cleaning, with water only, in a designated, bermed, pervious area that will not allow rinse water to run offsite or into streets, gutters, storm drains, or creeks. (5) Vehicle/Equipment Maintenance and Fueling. a. DBE will not perform maintenance and fueling of vehicles onsite. b. DBE must perform maintenance and fueling of equipment only when necessary, and in a designated, bermed area or over a drip pan that will not allow run-on of storm water or runoff of spills. c. DBE must use secondary containment, such as a drip pan, to catch leaks or spills any time that equipment fluids are dispensed, changed, or poured. d. DBE must keep a stockpile of spill cleanup materials, such as rags or absorbents, readily accessible on-site to clean up drips and spills. e. DBE must clean up leaks and spills of vehicle or equipment fluids immediately and dispose of the waste and cleanup materials as hazardous waste, as described above. f. DBE will not wash any spilled material into streets, gutters, storm drains, or creeks and shall not bury spilled hazardous materials. g. DBE must report any hazardous materials spill by calling 911. After the emergency has been reported, DBE must notify the City’s Public Works Environmental Division. 566 CC 02-04-2025 566 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 54 h. DBE must inspect vehicles and equipment arriving on-site for leaking fluids and shall promptly repair leaking vehicles and equipment. Drip pans must be used to catch leaks until repairs are made. Shut-off valves on equipment must be working properly. i. DBE must comply with all applicable Laws for above-ground storage tanks. (6) DBE Training and Awareness. a. DBE must train all employees and Subcontractors on the SWPPP requirements contained in these General Conditions. b. DBE must include appropriate provisions in its subcontracts to ensure that these SWPPP requirements are met. c. DBE must post warning signs in areas treated with chemicals. d. DBE must paint City-approved stencil or, preferably, apply steel medallions to, any new catch basins with the “No Dumping, Flows to Creek” stencil or medallion markers available from the City’s Public Works Environmental Division. (7) Activity-Specific Requirements. The following requirements apply if the Project includes the listed activities. a. Dewatering or Pumping Operations. i. DBE must not discharge water to the storm drain system. Water discharges must be directed to a pervious, landscaped, or bioretention area where water will be infiltrated without causing runoff, or routed to the sanitary sewer system after obtaining a permit from Cupertino Sanitary District or Sunnyvale Sanitary, depending on which has jurisdictional authority, or contained using a Baker tank or other means to collect the water for re-use or safe and legal disposal. DBE may contact the City’s Environmental Division for more information on these control measures. ii. DBE must obtain approval of the City Engineer for any control measure in advance. iii. DBE must reuse water for other needs, including but not limited to dust control or irrigation, to the maximum extent practicable. b. Paving Operations. i. When rain is forecast within 24 hours or during wet weather, the City Engineer may require that paving be delayed for more suitable conditions. ii. The City Engineer may direct DBE to protect drainage courses by using control measures, including but not limited to, earth dike, straw bale, and sandbag, to divert runoff or trap and filter sediment. DBE must refer to California Storm Water Best Management Practice Handbook for these control measures. iii. DBE must place drip pans or absorbent material under paving equipment when not in use. iv. DBE must securely cover catch basins and manholes when paving or applying seal coat, tack coat, slurry seal, or fog seal. 567 CC 02-04-2025 567 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 55 v. DBE must remove, clean and reapply or replace catch basin covers as often as needed to ensure protection of the storm drain system from any material other than rain. vi. Before Final Completion, DBE must remove and dispose of all catch basin covers and material trapped by the covers. If DBE fails to remove and dispose of the covers and materials trapped, City reserves the right to delay final inspection and/or deduct monies from payments due DBE to compensate the City for its additional costs for removal and disposal of catch basin protection. vii. If the paving operation includes an on-site mixing plant, DBE must comply with Santa Clara County General Industrial Activities Storm Water Permit requirements. viii. DBE must preheat, transfer or load hot bituminous material away from drainage systems or watercourses. ix. DBE will not sweep or wash down excess sand (placed as part of a sand seal or to absorb excess oil) into streets, gutters, storm drains, or creeks. DBE must either collect the sand and return it to the stockpile, or dispose of it in a trash container. DBE will not use water to wash down fresh asphalt concrete pavement. c. Saw Cutting. i. DBE must use as little water as possible during saw cutting and grinding operations. ii. DBE must cover or barricade catch basins using control measures, including but not limited to as filter fabric, straw bales, sandbags, and fine gravel dams, to keep slurry out of the storm drain system. When protecting a catch basin, DBE must ensure that the entire opening is covered. DBE must refer to California Storm Water Best Management Practice Handbook for these control measures. iii. DBE must remove, clean and reapply or replace catch basin covers. iv. Before Final Completion, DBE must remove and dispose of all catch basin covers. v. DBE must shovel, absorb or vacuum saw cut slurry and pick up the waste prior to moving to the next location or at the end of each working day, whichever is sooner. vi. If saw cut slurry enters catch basins, DBE must remove the slurry from the storm drain system immediately. d. Traffic Detector Loop Installation and Repair. i. DBE must protect nearby storm drain inlets prior to cutting or flushing slot for traffic detector loops. DBE must block or berm around nearby storm drain inlets using sandbags or an equivalent barrier or use absorbent materials such as pads, pillows and socks to contain slurry. ii. Before Final Completion, DBE must remove all sandbags and equivalent barriers and absorbent materials from the site and sweep the area clean and away from the storm drain inlet. 568 CC 02-04-2025 568 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 56 iii. DBE must clean up residues by sweeping up as much material as possible and must dispose of material properly. e. Concrete, Grout and Mortar Waste Management. i. DBE must avoid mixing excess amounts of fresh concrete or cement mortar on-site. ii. DBE must store concrete, grout and mortar away from drainage areas and ensure that these materials do not enter the storm drain system. iii. DBE will not wash out concrete trucks or equipment into streets, gutters, storm drains, or creeks. iv. DBE must perform washout of concrete trucks or equipment off-site or in a designated area on-site where the water will flow onto dirt or into a temporary pit in a dirt area. DBE must let the water percolate into the soil and dispose of the hardened concrete in a trash container. If a suitable dirt area is not available, DBE must collect the wash water and remove it off-site. v. DBE will prevent creating runoff by draining water from washing of exposed aggregate concrete to a dirt area. If a suitable dirt area is not available, DBE must collect the wash water and remove it off- site. vi. Before Final Completion, DBE must remove all protective measures and treatment materials and sweep the site clean. vii. DBE must collect and return sweepings from exposed aggregate concrete to a stockpile or dispose of the waste in a trash container. f. Painting. i. DBE must conduct cleaning of painting equipment and tools in a designated area that will not allow run-on of storm water or runoff of spills. ii. DBE will not allow wash water from cleaning of painting equipment and tools into streets, gutters, storm drains or creeks. iii. DBE will remove as much excess paint as possible from brushes, rollers and equipment before starting cleanup. iv. To the maximum extent practicable and with permission from Cupertino Sanitary District, DBE will dispose of wash water from aqueous cleaning of equipment and tools to the sanitary sewer. v. If DBE cannot dispose of wash water to the sanitary sewer, DBE must direct wash water onto dirt area and spade in. vi. To the maximum extent practicable, DBE will filter paint thinner and solvents for reuse. vii. DBE must dispose of thinners, solvents, oil and water-based paint, and sludge from cleaning of equipment and tools as hazardous waste, as described in these General Conditions. viii. DBE must store paint, solvents, chemicals, and waste materials in compliance with the City of Cupertino Hazardous Materials Storage Ordinance and all applicable state and federal regulations. DBE must 569 CC 02-04-2025 569 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 57 store these materials in a designated area that will not allow run-on of storm water or runoff of spills. ix. DBE must dispose of dry or empty paint cans and buckets, old brushes, rollers, rags, and drop cloths in the trash. g. Earthwork. i. DBE must use the BMPs for erosion and sedimentation in either the California Storm Water Best Management Practice Handbook - Construction Activity or the ABAG Manual of Standards for Erosion and Sediment Control Measures. h. Thermoplastic. i. DBE must transfer and load hot thermoplastic away from drainage systems or watercourses. ii. DBE must sweep thermoplastic grindings into plastic bags. Yellow thermoplastic grindings may require special handling as they may contain paint. i. Pesticide Usage and Pest Management. i. DBE must follow all federal, state, and local policies (including the City’s Integrated Pest Management Policy), laws, and regulations governing the use, storage, and disposal of pesticides and training of pest control advisors and applicators. ii. DBE must submit pest management control methods to City Engineer for approval. Such control methods may include, but are not limited to: no controls; physical or mechanical methods; environmental controls (mulching, pest-resistant vegetation); biological controls (predators, parasites, etc.); less toxic controls (soaps, oils, etc.); and hot water. iii. DBE must notify and receive permission from the City Engineer and the Public Works Environmental Division before applying any pesticides. iv. If permitted to use pesticides, DBE must use the least toxic pesticides available and the use and type of such pesticides must be approved by the City. The City will consider the LD50, overall risk to the applicator, and impact to the environment when approving the use of pesticides. v. DBE must apply pesticides at the appropriate time to maximize their effectiveness and minimize the likelihood of discharging non- degraded pesticides in stormwater runoff. DBE will not apply pesticides if rain is expected. vi. DBE must mix and apply only as much material as is necessary for treatment. DBE must calibrate application equipment prior to and during use to ensure desired application rate. vii. DBE will not mix or load pesticides in application equipment adjacent to a storm drain inlet culvert or watercourse. viii. DBE will not use Clopyralid, Diazinon, Chlorpyrifos, Chloradane, DDT, Dieldrin or other organophosphates. Fipronil and pyrethroids including, but not limited to Deltamethrin and Bifenthrin, will not be applied on City property. 570 CC 02-04-2025 570 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 58 ix. DBE must submit monthly summaries of pesticide use to the Public Works Environmental Division on appropriate City form. Information provided must include, at a minimum, the product used, the method of application, date applied, the area to which it is applied, and the amount applied. 7.20 Traffic Control and Public Safety. (A) Fences and Barriers. DBE must furnish, erect, and maintain fences, barriers, lights, and signs, and must provide flagging and guards as necessary to give adequate warning to the public of the construction and of any dangerous condition at DBE’s sole cost and expense. City must approve all signs as to size, wording, and location. City, in its sole discretion, may direct DBE to implement additional measures. DBE may be required to cover certain signs which regulate or direct public traffic to roadways that are not open to traffic. The City Engineer will determine which signs must be covered. (B) Manual on Uniform Traffic Control Devices (MUTCD). Notwithstanding the requirements of this Section 7.20, all fences, barriers, signs, lights, flags, and other warning and safety devices and their use must conform to the requirements of Part 6 of the United States Department of Transportation MUTCD and the MUTCD California Supplement. (C) Sign Conflicts. Signs and other protective devices furnished and erected by DBE will not obscure the visibility of, nor conflict in intent, meaning, and function of, existing signs, lights, and traffic control devices or any construction area signs and traffic control devices (D) Public Access. DBE must conduct operations in the manner that offers the least possible obstruction and inconvenience to the public. DBE must complete the Work in a manner that allows for access to public rights-of-way. Unless otherwise provided in the Contract Documents, all public traffic must be permitted to pass through the Work with as little inconvenience and delay as possible. Where possible, public traffic must be routed on new or existing paved surfaces. (E) Public Spills. Spillage resulting from hauling operations along or across any public right-of-way must be removed immediately by DBE at DBE's sole cost and expense. (F) Existing Traffic Signals. Existing traffic signals and highway lighting must be kept in operation and available for routine maintenance during construction. (G) Abutting Properties. Construction operations must be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners. DBE must maintain convenient access to driveways, houses, and buildings, and temporary approaches to crossings or intersecting highways must be provided and kept in good condition. When an abutting property owner's access across the right-of-way line is to be eliminated or replaced by other access facilities, the existing access will not be closed until the replacement access facilities are usable. 571 CC 02-04-2025 571 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 59 (H) Lane Closures. Lane closures are not permitted before 7:00 A.M. or after 5:00 P.M. from Monday through Friday or as otherwise specified in the Special Conditions or Specifications. City may, at its sole discretion, approve lane closures during this time upon written request from DBE. DBE must maintain a minimum of two travel lanes for traffic use (one in each direction) at all times. (I) Costs. DBE is solely responsible for all costs for all required traffic control and public safety measures. 7.21 Noise Control. DBE must comply with all applicable noise control laws, ordinances, regulations and rules. Noise control requirements apply to all equipment used for the Work or related to the Work, including trucks, transit mixers or transient equipment that may or may not be owned by DBE . 7.22 Fire Protection Plan. If a fire protection plan is required for this Project, within 21 days after the date of issuance of the Notice to Proceed with Construction Services, DBE must submit to the City Engineer a fire protection plan that has been reviewed and approved by the Santa Clara County Fire Department. In addition to any specified requirements for the fire protection plan, the plan should address all of the following: (A) Equipment spark arresters; (B) Fire-extinguishing equipment at the Worksite(s); (C) Fire response procedures; (D) Notification to authorities of any fire; (E) Fire equipment access during performance of the Work and after hours; (F) Educating and training workers to comply with the fire protection plan (G) Safe storage and transport of flammable materials; and (H) Equipment for ventilation and illumination. 7.23 Mined Materials. Pursuant to Public Contract Code § 20676, DBE will not purchase any sand, gravel, or other minerals for the Work from an operation subject to the Surface Mining and Reclamation Act of 1975 (Public Resources Code § 2710 et seq.) unless the DBE certifies, under penalty of perjury, that the minerals are from a mining operation included on the AB 3098 List, which may be accessed online at: https://www.conservation.ca.gov/smgb/Pages/AB-3098-List.aspx. Article 8 - Payment 8.1 Payment. For all Services performed in compliance with the Contract Documents, City will compensate DBE in an amount not to exceed the Contract Price, as adjusted by approved Change Orders, if any, as further specified below. 8.2 Schedule of Values. Prior to commencing the Construction Phase, DBE must prepare and submit to the Project Manager a schedule of values apportioned to the various 572 CC 02-04-2025 572 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 60 divisions and phases of the Work, including cost allocations for both the Design Services and the Construction Services to be provided during the Construction Phase. Each line item contained in the schedule of values must be assigned a value such that the total of all items required for the Construction Services does not exceed the Contract Price for Construction Services under Section 3.1(B) of the Contract. The items must be sufficiently detailed to enable accurate evaluation of the percentage of completion claimed in each application for payment, and the assigned value consistent with any itemized or unit pricing submitted with DBE’s Proposal. (A) Measurements for Unit Price Work. Materials and items of Work to be paid for on the basis of unit pricing (if any) will be measured according to the methods specified in the Contract Documents. (B) Deleted or Reduced Work. DBE will not be compensated for Work that City has deleted or reduced in scope, except for any labor, material or equipment costs for such Work that DBE reasonably incurred before DBE learned that the Work could be deleted or reduced. DBE will only be compensated for those actual, direct and documented costs incurred, and will not be entitled to any mark up for overhead or lost profits for deleted or reduced scope. 8.3 Progress Payments. Following the last day of each month, or as otherwise required by the Special Conditions or Specifications, DBE will submit to the Project Manager for approval, a monthly application for payment for Work performed during the preceding month based on the estimated value of the Design Services or Construction Services performed during that preceding month. (A) Application for Payment. (1) Each application for payment for Design Services must summarize the Design Services provided during the preceding month and identify each Design Professional that provided those services. (2) Each application for payment for Construction Services must be itemized to include labor, materials, and equipment incorporated into the Work, and materials and equipment delivered to the Project site, as well as authorized and approved Change Orders. Each application for payment for Construction Services must be supported by DBE’s schedule of values and any other substantiating data required by the Contract Documents. If requested by the Project Manager, each application for payment for Construction Services must also be accompanied by an executed Conditional Waiver and Release Upon Progress Payment, using the form specified in Civil Code § 8132 for each Subcontractor that performed Work during the period covered by that application. The application for payment for Construction Services must also include the monthly report documenting compliance with the Skilled and Trained Workforce requirements pursuant to Public Contract Code § 2602, and as specified in Section 9.6, below. (B) Payment of Undisputed Amounts. (1) City will pay the undisputed amount due, as certified by the Project Manager, within 30 days after DBE has submitted a complete and accurate payment application, subject to Public Contract Code § 20104.50. City will deduct a percentage from each progress payment as retention, as set forth in Section 8.6, below, and may withhold additional amounts as set forth in Section 8.4, below. 573 CC 02-04-2025 573 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 61 (2) If required by the Project Manager, within 45 days after receipt of each payment from City for Construction Services, DBE must submit an executed Unconditional Waiver and Release Upon Progress Payment, using the form specified in Civil Code § 8134, from each Subcontractor that has received a progress payment from DBE following DBE’s receipt of payment from City. 8.4 Adjustment of Payment Application. City may adjust or reject the amount requested, in a payment application, including application for Final Payment, in whole or in part, if the amount requested is disputed or unsubstantiated. DBE will be notified in writing of the basis for the modifications to the amount requested. City may also deduct or withhold from payment otherwise due based upon any of the circumstances listed below. Sums withheld from payment otherwise due will be released when the basis for that withholding has been remedied and no longer exists. (A) DBE’s unexcused failure to perform the Work as required by the Contract Documents, including correction or completion of punch list items City may withhold or deduct an amount based on the City’s estimated cost to correct or complete the Work; (B) Loss or damage caused by DBE or its Subcontractors arising out of or relating to performance of the Work or any failure to protect the Project Site, City may deduct an amount based on the estimated cost to repair or replace; (C) DBE’s failure to pay its Subcontractors and suppliers when payment is due, City may withhold an amount equal to the total of past due payments and may opt to pay that amount separately via joint check pursuant to Section 8.6(B), Joint Checks. (D) DBE’s failure to timely correct rejected, nonconforming, or defective Work, City may withhold or deduct an amount based on the City’s estimated cost to correct or complete the Work; (E) For any unreleased stop notice, City may withhold 125% of the amount claimed; (F) DBE’s failure to submit any required schedule, schedule update or daily reports in the manner and within the time specified in the Contract Documents, City may withhold or deduct an amount an amount equal to ten percent of the total amount requested until DBE complies with its schedule submittal obligations; (G) DBE’s failure to maintain or submit as-built documents in the manner and within the time specified in the Contract Documents City may withhold or deduct an amount based on the City’s cost to prepare the as-builts; (H) For Work performed without Shop Drawings that have been accepted by City, when accepted Shop Drawings are required before proceeding with the Work, City may deduct an amount based on the estimated costs to correct unsatisfactory work or diminution in value; (I) For fines, payments, or penalties assessed under the Labor Code, City may deduct from payments due to DBE as required by Laws and as directed by the Division of Labor Standards Enforcement; (J) For any other costs or charges that may be withheld or deducted from payments to DBE, as provided in the Contract Documents, including liquidated damages, City may withhold or deduct such amounts from payment otherwise due to DBE; and (K) For failure to release claims as to undisputed amounts pursuant to Section 8.10, below 574 CC 02-04-2025 574 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 62 8.5 Early Occupancy. Neither City’s payment of progress payments nor its partial or full use or occupancy of the Project constitutes acceptance of any part of the Work. 8.6 Retention. City will retain five percent of the amount due on each progress payment (i.e., the amount due before any withholding or deductions pursuant to Section 8.4, Adjustment to Payment Application), or the percentage stated in the RFP, whichever is greater, as retention to ensure full and satisfactory performance of the Services. DBE is not entitled to any reduction in the rate of withholding at any time, nor to release of any retention before 35 days following City’s recordation of the Notice of Completion, subject to the terms of Public Contract Code § 7107. (A) Substitution of Securities. As provided by Public Contract Code § 22300, DBE may request in writing that it be allowed, at its sole expense, to substitute securities for the retention withheld by City. Any escrow agreement entered into pursuant to this provision will fully comply with Public Contract Code § 22300 and will be subject to approval as to form by City’s legal counsel. If City exercises its right to draw upon such securities in the event of default pursuant to section (7) of the statutory Escrow Agreement for Security Deposits in Lieu of Retention, pursuant to subdivision (f) of Public Contract Code § 22300 (“Escrow Agreement”), and if DBE disputes that it is in default, its sole remedy is to comply with the dispute resolution procedures in Article 12 and the provisions therein. It is agreed that if any individual authorized to give or receive written notice on behalf of a party pursuant to section (10) of the Escrow Agreement are unavailable to give or receive notice on behalf of that party due to separation from employment, retirement, death, or other circumstances, the successor or delegee of the named individual is deemed to be the individual authorized to give or receive notice pursuant to section (10) of the Escrow Agreement. (B) Release of Undisputed Retention. All undisputed retention, less any amounts that may be assessed as liquidated damages, retained for stop notices, or otherwise withheld pursuant to Section 8.4 or 8.7, will be released as Final Payment to DBE no sooner than 35 days following recordation of the notice of completion, and no later than 60 days following acceptance of the Project by City’s governing body or authorized designee pursuant to Section 11.1(C) Acceptance, or, if the Project has not been accepted, no later than 60 days after the Project is otherwise considered complete pursuant to Public Contract Code § 7107(c), as determined by City based on its records. 8.7 Setoff. City is entitled to set off any amounts due from DBE against any payments due to DBE. City’s entitlement to setoff includes progress payments as well as Final Payment and release of retention. 8.8 Payment to Subcontractors and Suppliers. Each month, DBE must promptly pay each Subcontractor and supplier the value of the portion of labor, materials, and equipment incorporated into the Work or delivered to the Project site by the Subcontractor or supplier during the preceding month. Such payments must be made in accordance with the requirements of Laws pertaining to such payments, and those of the Contract Documents and applicable subcontract or supplier contract. (A) Withholding for Stop Notice. City will withhold 125% of the amount claimed by an unreleased stop notice, a portion of which may be retained by City for the costs incurred in handling the stop notice claim, including attorneys’ fees and costs, as authorized by law. (B) Joint Checks. City reserves the right, acting in its sole discretion, to issue joint checks made payable to DBE and its Subconsultants, Subcontractors or suppliers, if City determines this is necessary to ensure fair and timely payment for a Subcontractor or 575 CC 02-04-2025 575 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 63 supplier who has provided services or goods for the Project. As a condition to release of payment by a joint check, the joint check payees may be required to execute a joint check agreement in a form provided or approved by the City Attorney’s Office. The joint check payees will be jointly and severally responsible for the allocation and disbursement of funds paid by joint check. Payment by joint check will not be construed to create a contractual relationship between City and a Subcontractor or supplier of any tier beyond the scope of the joint check agreement. 8.9 Final Payment. DBE’s application for Final Payment must comply with the requirements for submitting an application for a progress payment as stated in Section 8.3, above. Corrections to previous progress payments, including adjustments to estimated quantities for unit priced items, may be included in the Final Payment. If DBE fails to submit a timely application for Final Payment, City reserves the right to unilaterally process and issue Final Payment without an application from DBE in order to close out the Project. For the purposes of determining the deadline for Claim submission pursuant to Article 12, the date of Final Payment is deemed to be the date that City acts to release undisputed retention as final payment to DBE, or otherwise provides written notice to DBE of Final Payment or that no undisputed funds remain available for Final Payment due to offsetting withholdings or deductions pursuant to Section 8.4, Adjustment of Payment Application. If the amount due from DBE to City exceeds the amount of Final Payment, City retains the right to recover the balance from DBE or its sureties. 8.10 Release of Claims. City may, at any time, require that payment of the undisputed portion of any progress payment or Final Payment (excepting undisputed retention subject to release under Public Contract Code § 7107) be contingent upon DBE furnishing City with a written waiver and release of all claims against City arising from or related to the portion of Work covered by those undisputed amounts subject to the limits of Public Contract Code § 7100. The waiver and release of claims must be submitted using the City’s Release of Claims form. Any disputed amounts may be specifically excluded from the release. 8.11 Warranty of Title. DBE warrants that title to all work, materials, or equipment incorporated into the Work or delivered to a Project site, and included in a request for payment will pass over to City free of any claims, liens, or encumbrances upon any payment to DBE. Article 9 - Labor Provisions 9.1 Discrimination Prohibited. Discrimination against any prospective or present employee engaged in the Work on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status is strictly prohibited. DBE and its Subcontractors are required to comply with all applicable Laws prohibiting discrimination, including the California Fair Employment and Housing Act (Government Code § 12900 et seq.), Government Code § 11135, and Labor Code §§ 1735, 1777.5, 1777.6, and 3077.5. 9.2 Labor Code Requirements. The following requirements apply to any work classified as "public works" pursuant to Labor Code § 1720 et seq. (and any corresponding regulations): (A) Eight Hour Day. Pursuant to Labor Code § 1810, eight hours of labor constitute a legal day’s work under this Contract. (B) Penalty. Pursuant to Labor Code § 1813, DBE will forfeit to City as a penalty, the sum of $25.00 for each day during which a worker employed by DBE or any Subcontractor is required or permitted to work more than eight hours in any one calendar 576 CC 02-04-2025 576 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 64 day or more than 40 hours per calendar week, except if such workers are paid overtime under Labor Code § 1815. (C) Apprentices. DBE is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code § 1777.5, which is fully incorporated by reference. (D) Notices. Pursuant to Labor Code § 1771.4, DBE is required to post all job site notices prescribed by Laws. 9.3 Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code § 1720 or 1720.9, including cleanup at the Project site, must be paid at a rate not less than the prevailing wage as defined in § 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City and available online at http://www.dir.ca.gov/dlsr. DBE must post a copy of the applicable prevailing rates at the Project site. (A) Penalties. Pursuant to Labor Code § 1775, DBE and any Subcontractor will forfeit to City as a penalty up to $200.00 for each calendar day, or portion a day, for each worker paid less than the applicable prevailing wage rate. DBE must also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker. (B) Federal Requirements. If the Project is subject to federal prevailing wage requirements in addition to California prevailing wage requirements, DBE and its Subcontractors are required to pay the higher of the currently applicable prevailing wage rates. 9.4 Payroll Records. At all times during performance of Construction Services, DBE must comply with the provisions of Labor Code §§ 1776 and 1812 and all implementing regulations, which are fully incorporated by this reference, including requirements for electronic submission of payroll records. (A) DBE and Subcontractor Obligations. DBE and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct. (2) DBE or Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project. (B) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, or to the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code. (C) Enforcement. Upon notice of noncompliance with Labor Code § 1776, DBE or Subcontractor has ten days in which to comply with the requirements of this section. If DBE or Subcontractor fails to do so within the ten day period, DBE or Subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division 577 CC 02-04-2025 577 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 65 of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from progress payments then due to the DBE. 9.5 Labor Compliance. Pursuant to Labor Code § 1771.4, Services subject to this Article are subject to compliance monitoring and enforcement by the DIR. 9.6 Skilled and Trained Workforce. DBE and its Subcontractors of every tier must use a Skilled and Trained Workforce, to perform all Work on the Project that falls within an apprenticeable occupation in the building and construction trades. DBE will submit a report each month to the City demonstrating compliance with this requirement during the previous calendar month. The monthly report on compliance with Skilled and Trained Workforce compliance during the previous calendar month, must be submitted with DBE’s monthly application for progress payments. Article 10 - Safety Provisions 10.1 Safety Precautions and Programs. DBE and its Subcontractors are fully responsible for safety precautions and programs, and for the safety of persons and property in the performance of the Work. DBE and its Subcontractors must at all times comply with all applicable safety Laws and seek to avoid injury, loss, or damage to persons or property by taking reasonable steps to protect its employees and other persons at the Worksite, materials and equipment stored on or off site, and property at or adjacent to the Worksite. (A) Reporting Requirements. DBE must immediately notify the City of any death, serious injury or illness resulting from Work on the Project. DBE must immediately provide a written report to City of each recordable accident or injury occurring at any Worksite within 24 hours of the occurrence. The written report must include: (1) the name and address of the injured or deceased person; (2) the name and address of each employee of DBE or of any Subcontractor involved in the incident; (3) a detailed description of the incident, including precise location, time, and names and contact information for known witnesses; and (4) a police or first responder report, if applicable. If DBE is required to file an accident report with a government agency, DBE will provide a copy of the report to City. (B) Legal Compliance. DBE’s safety program must comply with the applicable legal and regulatory requirements. DBE must provide City with copies of all notices required by Laws. (C) DBE’s Obligations. Any damage or loss caused by DBE arising from the Work which is not insured under property insurance must be promptly remedied by DBE. (D) Remedies. If City determines, in its sole discretion, that any part of the Work or Project site is unsafe, City may, without assuming responsibility for DBE’s safety program, require DBE or its Subcontractor to cease performance of the Work or to take corrective measures to City’s satisfaction. If DBE fails to promptly take the required corrective measures, City may perform them and deduct the cost from the Contract Price. DBE agrees it is not entitled to submit a Claim for damages, for an increase in Contract Price, or for a change in Contract Time based on DBE’s compliance with City’s request for corrective measures pursuant to this provision. 10.2 Hazardous Materials. Unless otherwise specified, this Contract does not include the removal, handling, or disturbance of any asbestos or other Hazardous Materials. If DBE encounters materials on the Project site that DBE reasonably believes to be asbestos or other Hazardous Materials, and the asbestos or other Hazardous Materials have not been rendered harmless, DBE may continue Work in unaffected areas reasonably 578 CC 02-04-2025 578 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 66 believed to be safe, but must immediately cease work on the area affected and report the condition to City. No asbestos, asbestos-containing products or other Hazardous Materials may be used in performance of the Work. 10.3 Material Safety. DBE is solely responsible for complying with § 5194 of Title 8 of the California Code of Regulations, including by providing information to DBE’s employees about any hazardous chemicals to which they may be exposed in the course of the Work. A hazard communication program and other forms of warning and training about such exposure must be used. DBE must also maintain Safety Data Sheets (“SDS”) at the Project site, as required by Laws, for materials or substances used or consumed in the performance of the Work. The SDS will be accessible and available to DBE’s employees, Subcontractors, and City. (A) DBE Obligations. DBE is solely responsible for the proper delivery, handling, use, storage, removal, and disposal of all materials brought to the Project site and/or used in the performance of the Work. DBE must notify the City Engineer if a specified product or material cannot be used safely. (B) Labeling. DBE must ensure proper labeling on any material brought onto the Project site so that any persons working with or in the vicinity of the material may be informed as to the identity of the material, any potential hazards, and requirements for proper handling, protections, and disposal. 10.4 Hazardous Condition. DBE is solely responsible for determining whether a hazardous condition exists or is created during the course of the Work, involving a risk of bodily harm to any person or risk of damage to any property. If a hazardous condition exists or is created, DBE must take all precautions necessary to address the condition and ensure that the Work progresses safely under the circumstances. Hazardous conditions may result from, but are not limited to, use of specified materials or equipment, the Work location, the Project site condition, the method of construction, or the way any Work must be performed. 10.5 Emergencies. In an emergency affecting the safety or protection of persons, Work, or property at or adjacent to any Worksite, DBE must take reasonable and prompt actions to prevent damage, injury, or loss, without prior authorization from the City if, under the circumstances, there is inadequate time to seek prior authorization from the City. Article 11 - Completion and Warranty Provisions 11.1 Final Completion. (A) Final Inspection and Punch List. When the Work required by this Contract is fully performed, DBE must provide written notification to City requesting final inspection. The Project Manager will schedule the date and time for final inspection, which must include DBE’s primary representative for this Project and its superintendent for the Construction Services. Based on that inspection, City will prepare a punch list of any items that are incomplete, incorrectly installed, or otherwise not operating as required by the Contract Documents. City will deliver the punch list to DBE and will specify the time by which all of the punch list items must be completed or corrected. The punch list may include City’s estimated cost to complete each punch list item if DBE fails to do so within the specified time. The omission of any non-compliant item from a punch list will not relieve DBE from fulfilling all requirements of the Contract Documents. DBE’s failure to complete any punch list item within the time specified in the punch list will not waive or abridge its warranty obligations for any such items that must be completed by the City or by a third party retained by the City due to DBE’s failure to timely complete any such 579 CC 02-04-2025 579 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 67 outstanding item. If DBE requests final inspection and City determines that Work exceeding five percent of the total value of the Contract, as adjusted, remains unfinished, DBE will be responsible for City’s costs, including staff time, for performance of the final inspection on a premature basis. (B) Requirements for Final Completion. Final Completion will be achieved upon completion or correction of all punch list items, as verified by City’s further inspection, and upon satisfaction of all other Contract requirements, including any commissioning required under the Contract Documents and submission of all final submittals, instructions and manuals as required under Section 7.9, and as-built drawings as required under Section 7.10, all to City’s satisfaction. (C) Acceptance. The Project will be considered accepted upon City Council action during a public meeting to accept the Project, unless the City Engineer is authorized to accept the Project, in which case the Project will be considered accepted upon the date of the City Engineer’s issuance of a written notice of acceptance. In order to avoid delay of Project close out, the City may elect, acting in its sole discretion, to accept the Project as complete subject to exceptions for punch list items that are not completed within the time specified in the punch list. (D) Final Payment and Release of Retention. Final Payment and release of retention, less any sums withheld pursuant to the provisions of the Contract Documents, will not be made sooner than 35 days after recordation of the notice of completion. If DBE fails to complete all of the punch list items within the specified time, City may withhold up to 150% of City’s estimated cost to complete each of the remaining items from Final Payment and may use the withheld retention to pay for the costs to self-perform the outstanding items or to retain a third party to complete any such outstanding punch list item. 11.2 Warranty. (A) General. DBE warrants that all materials and equipment will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. DBE further warrants that the Work will be free from material defects not intrinsic in the design or materials required in the Contract Documents. DBE warrants that materials or items incorporated into the Work comply with the requirements and standards in the Contract Documents, including compliance with Laws, and that any Hazardous Materials encountered or used were handled as required by Laws. At City’s request, DBE must furnish satisfactory evidence of the quality and type of materials and equipment furnished. DBE’s warranty does not extend to damage caused by normal wear and tear, or improper use or maintenance. (B) Warranty Period. DBE’s warranty must guarantee its Work for a period of one year from the date of recordation of the notice of completion (the “Warranty Period”), except when a longer guarantee is provided by a supplier or manufacturer or is required by the Specifications or Special Conditions. DBE must obtain from its Subcontractors, suppliers and manufacturers any special or extended warranties required by the Contract Documents. (C) Warranty Documents. As a condition precedent to Final Completion, DBE must supply City with all warranty and guarantee documents relevant to equipment and materials incorporated into the Work and guaranteed by their suppliers or manufacturers. (D) Subcontractors. The warranty obligations in the Contract Documents apply to Work performed by DBE and its Subcontractors, and DBE agrees to be co-guarantor of such Work. 580 CC 02-04-2025 580 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 68 (E) DBE’s Obligations. Upon written notice from City to DBE of any defect in the Work discovered during the Warranty Period, DBE or its responsible Subcontractor must promptly correct the defective Work at its own cost. DBE’s obligation to correct defects discovered during the Warranty Period will continue past the expiration of the Warranty Period as to any defects in Work for which DBE was notified prior to expiration of the Warranty Period. Work performed during the Warranty Period (“Warranty Work”) will be subject to the warranty provisions in this Section 11.2 for a one-year period that begins upon completion of such Warranty Work to City’s satisfaction. (F) City’s Remedies. If DBE and/or its responsible Subcontractor fails to correct defective Work within ten days following notice by City, or sooner if required by the circumstances, DBE expressly agrees that City may correct the defects to conform with the Contract Documents at DBE’s sole expense, and DBE agrees to reimburse City for its costs in accordance with subsection (H), below. (G) Emergency Repairs. In cases of emergency where any delay in correcting defective Work could cause harm, loss or damage, City may immediately correct the defects to conform with the Contract Documents at DBE’s sole expense. DBE or its surety must reimburse City for its costs in accordance with subsection (H), below. (H) Reimbursement. DBE must reimburse City for its costs to repair under subsections (F) or (G), above, within 30 days following City’s submission of a demand for payment pursuant to this provision. If City is required to initiate legal action to compel DBE’s compliance with this provision, and City is the prevailing party in such action, DBE and its surety are solely responsible for all of City’s attorney’s fees and legal costs expended to enforce DBE’s warranty obligations herein, in addition to any and all costs City incurs to correct the defective Work. 11.3 Use Prior to Final Completion. City reserves the right to occupy or make use of the Project, or any portions of the Project, prior to Final Completion if City has determined that the Project or portion of it is in a condition suitable for the proposed occupation or use, and that it is in its best interest to occupy or make use of the Project, or any portions of it, prior to Final Completion. City will notify DBE in writing of its intent to occupy or make use of the Project or any portions of the Project, pursuant to this provision. (A) Non-Waiver. Occupation or use of the Project, in whole or in part prior to Final Completion will not operate as acceptance of the Work or any portion of it, nor will it operate as a waiver of any of City’s rights or DBE’s duties pursuant to these Contract Documents, and will not affect nor bear on the determination of the time of substantial completion with respect to any statute of repose pertaining to the time for filing an action for construction defect. (B) City’s Responsibility. City will be responsible for the cost of maintenance and repairs due to normal wear and tear with respect to those portions of the Project that are being occupied or used before Final Completion. The Contract Price or the Contract Time may be adjusted pursuant to the applicable provisions of these Contract Documents if, and only to the extent that, any occupation or use under this Section actually adds to DBE’s cost or time to complete the Work within the Contract Time. 11.4 Substantial Completion. For purposes of determining “substantial completion” with respect to any statute of repose pertaining to the time for filing an action for construction defect, “substantial completion” is deemed to mean the last date that DBE or any Subcontractor performs Work on the Project prior to recordation of the notice of completion, except for warranty work performed under this Article. 581 CC 02-04-2025 581 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 69 Article 12 - Dispute Resolution 12.1 Claims. This Article applies to and provides the exclusive procedures for any Claim arising from or related to the Contract or performance of the Work. (A) Limitations. A Claim may only include the portion of a previously rejected demand that remains in dispute between DBE and City. With the exception of any dispute regarding the amount of money actually paid to DBE as Final Payment, DBE is not entitled to submit a Claim demanding a change in the Contract Time or the Contract Price, which has not previously been submitted to City in full compliance with Article 5 and Article 6, and subsequently rejected in whole or in part by City. (B) Scope of Article. This Article is intended to provide the exclusive procedures for submission and resolution of Claims of any amount, and applies in addition to the provisions of Public Contract Code § 9204 and § 20104 et seq., which are incorporated by reference herein. (C) No Work Delay. Notwithstanding the submission of a Claim or any other dispute between the parties related to the Project or the Contract Documents, DBE must perform the Work and may not delay or cease Work pending resolution of a Claim or other dispute, but must continue to diligently prosecute the performance and timely completion of the Work, including the Work pertaining to the Claim or other dispute. (D) Informal Resolution. DBE will make a good faith effort to informally resolve a dispute before initiating a Claim, preferably by face-to-face meeting between authorized representatives of DBE and City. 12.2 Claims Submission. The following requirements apply to any Claim subject to this Article: (A) Substantiation. The Claim must be submitted to City in writing by registered or certified mail with return receipt requested and clearly identified as a “Claim” submitted pursuant to this Article 12, and must include all of the documents necessary to substantiate the Claim including the Change Order request that was rejected in whole or in part, and a copy of City’s written rejection that is in dispute. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Contract Documents, and a chronology of relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all known or estimated labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each component of claimed cost. Any Claim for an extension of time or delay costs must be substantiated with a schedule analysis and narrative depicting and explaining claimed time impacts. (B) Claim Format and Content. A Claim must be submitted in the following format: (1) Provide a cover letter, specifically identifying the submission as a “Claim” submitted under this Article 12, and specifying the requested remedy (e.g., amount of proposed change to Contract Price and/or change to Contract Time). (2) Provide a summary of each Claim, including underlying facts and the basis for entitlement, and identify each specific demand at issue, including the specific Change Order request (by number and submittal date), and the date of City's rejection of that demand, in whole or in part. 582 CC 02-04-2025 582 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 70 (3) Provide a detailed explanation of each issue in dispute. For multiple issues included within a single Claim or for multiple Claims submitted concurrently, separately number and identify each individual issue or Claim, and include the following for each separate issue or Claim: a. A succinct statement of the matter in dispute, including DBE’s position and the basis for that position; b. Identify and attach all documents that substantiate the Claim, including relevant provisions of the Contract Documents, calculations, and schedule analysis (see subsection (A), Substantiation, above); c. A chronology of relevant events; and d. Analysis and basis for claimed changes to Contract Price, Contract Time, or any other remedy requested. (4) Provide a summary of issues and corresponding claimed damages. If, by the time of the Claim submission deadline (below), the precise amount of the requested change in the Contract Price or Contract Time is not yet known, DBE must provide a good faith estimate, including the basis for that estimate, and must identify the date by which it is anticipated that the Claim will be updated to provide final amounts. (5) Include the following certification, executed by DBE’s authorized representative: “The undersigned DBE certifies under penalty of perjury that its statements and representations in this Claim submittal are true and correct. DBE warrants that this Claim submittal is comprehensive and complete as to the matters in dispute, and agrees that any costs, expenses, or delay claim not included herein are deemed waived. DBE understands that submission of a Claim which has no basis in fact or which DBE knows to be false may violate the False Claims Act (Government Code § 12650 et seq.).” (C) Submission Deadlines. (1) A Claim must be submitted within 21 days following the date that City notified DBE in writing that a request for a change in the Contract Time or Contract Price, duly submitted in compliance with Article 5 and Article 6, has been rejected in whole or in part. A Claim disputing the terms of a unilateral Change Order must be submitted within 21 days following the date of issuance of the unilateral Change Order. These Claim deadlines apply even if DBE cannot yet quantify the total amount of any requested change in the Contract Time or Contract Price. If the DBE cannot quantify those amounts, it must submit an estimate of the amounts claimed pending final determination of the requested remedy by DBE. (2) With the exception of any dispute regarding the amount of Final Payment, any Claim must be filed on or before the date of Final Payment, or will be deemed waived. (3) A Claim disputing the amount of Final Payment must be submitted within 21 days of the effective date of Final Payment, under Section 8.9, Final Payment. (4) Strict compliance with these Claim submission deadlines is necessary to ensure that any dispute may be mitigated as soon as possible, and to facilitate 583 CC 02-04-2025 583 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 71 cost-efficient administration of the Project. Any Claim that is not submitted within the specified deadlines will be deemed waived by DBE. 12.3 City’s Response. City will respond within 45 days of receipt of the Claim with a written statement identifying which portion(s) of the Claim are disputed, unless the 45-day period is extended by mutual agreement of City and DBE or as otherwise allowed under Public Contract Code § 9204. However, if City determines that the Claim is not adequately substantiated pursuant to Section 12.2(A), Substantiation, City may first request in writing, within 30 days of receipt of the Claim, any additional documentation supporting the Claim or relating to defenses to the Claim that City may have against the Claim. (A) Additional Information. If additional information is thereafter required, it may be requested and provided upon mutual agreement of City and DBE. If DBE’s Claim is based on estimated amounts, DBE has a continuing duty to update its Claim as soon as possible with information on actual amounts in order to facilitate prompt and fair resolution of the Claim. (B) Non-Waiver. Any failure by City to respond within the times specified above will not be construed as acceptance of the Claim in whole or in part, or as a waiver of any provision of these Contract Documents. 12.4 Meet and Confer. If DBE disputes City’s written response, or City fails to respond within the specified time, within 15 days of receipt of City’s response, or within 15 days of City’s failure to respond within the applicable 45-day time period under Section 12.3, respectively, DBE may notify City of the dispute in writing sent by registered or certified mail, return receipt requested, and demand an informal conference to meet and confer for settlement of the issues in dispute. If DBE fails to dispute City’s response in writing within the specified time, DBE’s Claim will be deemed waived. (A) Schedule Meet and Confer. Upon receipt of the demand to meet and confer, City will schedule the meet and confer conference to be held within 30 days, or later if needed to ensure the mutual availability of each of the individuals that each party requires to represent its interests at the meet and confer conference. (B) Location for Meet and Confer. The meet and confer conference will be scheduled at a location at or near City’s principal office. (C) Written Statement After Meet and Confer. Within ten working days after the meet and confer has concluded, City will issue a written statement identifying which portion(s) of the Claim remain in dispute, if any. (D) Submission to Mediation. If the Claim or any portion remains in dispute following the meet and confer conference, within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute, the DBE may identify in writing disputed portion(s) of the Claim, which will be submitted for mediation, as set forth below. 12.5 Mediation and Government Code Claims. (A) Mediation. Within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute following the meet and confer, City and DBE will mutually agree to a mediator, as provided under Public Contract Code § 9204. Mediation will be scheduled to ensure the mutual availability of the selected mediator and all of the individuals that each party requires to represent its interests. If there are multiple Claims in dispute, the parties may agree to schedule the mediation to address all outstanding Claims at the same time. The parties will share the costs of the 584 CC 02-04-2025 584 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 72 mediator and mediation fees equally, but each party is otherwise solely and separately responsible for its own cost to prepare for and participate in the mediation, including costs for its legal counsel or any other consultants. (B) Government Code Claims. (1) Timely presentation of a Government Code Claim is a condition precedent to filing any legal action based on or arising from the Contract. Compliance with the Claim submission requirements in this Article 12 is a condition precedent to filing a Government Code Claim. (2) The time for filing a Government Code Claim will be tolled from the time DBE submits its written Claim pursuant to Section 12.2, above, until the time that Claim is denied in whole or in part at the conclusion of the meet and confer process, including any period of time used by the meet and confer process. However, if the Claim is submitted to mediation, the time for filing a Government Code Claim will be tolled until conclusion of the mediation, including any continuations, if the Claim is not fully resolved by mutual agreement of the parties during the mediation or any continuation of the mediation. 12.6 Tort Claims. This Article does not apply to tort claims and nothing in this Article is intended nor will be construed to change the time periods for filing tort-based Government Code Claims. 12.7 Arbitration. It is expressly agreed, under Code of Civil Procedure § 1296, that in any arbitration to resolve a dispute relating to this Contract, the arbitrator’s award must be supported by law and substantial evidence. 12.8 Burden of Proof and Limitations. DBE bears the burden of proving entitlement to and the amount of any claimed damages. DBE is not entitled to damages calculated on a total cost basis, but must prove actual damages. DBE is not entitled to speculative, special, or consequential damages, including home office overhead or any form of overhead not directly incurred at the Project site or any other Worksite; lost profits; loss of productivity; lost opportunity to work on other projects; diminished bonding capacity; increased cost of financing for the Project; extended capital costs; non-availability of labor, material or equipment due to delays; or any other indirect loss arising from the Contract. The Eichleay Formula or similar formula will not be used for any recovery under the Contract. The City will not be directly liable to any Subcontractor or supplier. 12.9 Legal Proceedings. In any legal proceeding that involves enforcement of any requirements of the Contract Documents, the finder of fact will receive detailed instructions on the meaning and operation of the Contract Documents, including conditions, limitations of liability, remedies, claim procedures, and other provisions bearing on the defenses and theories of liability. Detailed findings of fact will be requested to verify enforcement of the Contract Documents. All of the City's remedies under the Contract Documents will be construed as cumulative, and not exclusive, and the City reserves all rights to all remedies available under law or equity as to any dispute arising from or relating to the Contract Documents or performance of the Work. 12.10 Other Disputes. The procedures in this Article 12 will apply to any and all disputes or legal actions, in addition to Claims, arising from or related to this Contract, including disputes regarding suspension or early termination of the Contract, unless and only to the extent that compliance with a procedural requirement is expressly and specifically waived by City. Nothing in this Article is intended to delay suspension or termination under Article 13. 585 CC 02-04-2025 585 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 73 Article 13 - Suspension and Termination 13.1 Suspension for Cause. In addition to all other remedies available to City, if DBE fails to perform or correct Work in accordance with the Contract Documents, including non- compliance with applicable environmental or health and safety Laws, City may immediately order the Work, or any portion of it, suspended until the circumstances giving rise to the suspension have been eliminated to City’s satisfaction. (A) Notice of Suspension. Upon receipt of City’s written notice to suspend the Work, in whole or in part, except as otherwise specified in the notice of suspension, DBE and its Subcontractors must promptly stop Work as specified in the notice of suspension; comply with directions for cleaning and securing the Worksite; and protect the completed and in-progress Work and materials. DBE is solely responsible for any damages or loss resulting from its failure to adequately secure and protect the Project. (B) Resumption of Work. Upon receipt of the City’s written notice to resume the suspended Work, in whole or in part, except as otherwise specified in the notice to resume, DBE and its Subcontractors must promptly re-mobilize and resume the Work as specified; and within ten days from the date of the notice to resume, DBE must submit a recovery schedule, prepared in accordance with the Contract Documents, showing how DBE will complete the Work within the Contract Time. (C) Failure to Comply. DBE will not be entitled to an increase in the Contract Time or Contract Price for a suspension occasioned by DBE’s failure to comply with the Contract Documents. (D) No Duty to Suspend. City’s right to suspend the Work will not give rise to a duty to suspend the Work, and City’s failure to suspend the Work will not constitute a defense to DBE’s failure to comply with the requirements of the Contract Documents. 13.2 Suspension for Convenience. City reserves the right to suspend, delay, or interrupt the performance of the Work in whole or in part, for a period of time determined to be appropriate for City’s convenience. Upon notice by City pursuant to this provision, DBE must immediately suspend, delay, or interrupt the Work and secure the Project site as directed by City except for taking measures to protect completed or in-progress Work as directed in the suspension notice, and subject to the provisions of Section 13.1(A) and (B), above. If DBE submits a timely request for a Change Order in compliance with Articles 5 and 6, the Contract Price and the Contract Time will be equitably adjusted by Change Order pursuant to the terms of Articles 5 and 6 to reflect the cost and delay impact occasioned by such suspension for convenience, except to the extent that any such impacts were caused by DBE’s failure to comply with the Contract Documents or the terms of the suspension notice or notice to resume. However, the Contract Time will only be extended if the suspension causes or will cause unavoidable delay in Final Completion. If DBE disputes the terms of a Change Order issued for such equitable adjustment due to suspension for convenience, its sole recourse is to comply with the Claim procedures in Article 12. 13.3 Termination for Default. City may declare that DBE is in default of the Contract for a material breach of or inability to fully, promptly, or satisfactorily perform its obligations under the Contract. (A) Default. Events giving rise to a declaration of default include DBE’s refusal or failure to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; DBE’s refusal or failure to make prompt payment to its employees, Subcontractors, or suppliers or to correct defective Work or damage; DBE’s 586 CC 02-04-2025 586 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 74 failure to comply with Laws, or orders of any public agency with jurisdiction over the Project; evidence of DBE’s bankruptcy, insolvency, or lack of financial capacity to complete the Work as required within the Contract Time; suspension, revocation, or expiration and nonrenewal of contractor’s license or DIR registration; dissolution, liquidation, reorganization, or other major change in DBE’s organization, ownership, structure, or existence as a business entity; unauthorized assignment of DBE’s rights or duties under the Contract; or any material breach of the Contract requirements. (B) Notice of Default and Opportunity to Cure. Upon City’s declaration that DBE is in default due to a material breach of the Contract Documents, if City determines that the default is curable, City will afford DBE the opportunity to cure the default within ten days of City’s notice of default, or within a period of time reasonably necessary for such cure, including a shorter period of time if applicable. (C) Termination. If DBE fails to cure the default or fails to expediently take steps reasonably calculated to cure the default within the time period specified in the notice of default, City may issue written notice to DBE and its surety of City’s termination of the Contract for default. (D) Waiver. Time being of the essence in the performance of the Work, if DBE’s surety fails to arrange for completion of the Work in accordance with the Performance Bond within seven calendar days from the date of the notice of termination, DBE’s surety will be deemed to have waived its right to complete the Work under the Contract, and City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other means that City determines advisable under the circumstances. DBE and its surety will be jointly and severally liable for any additional cost incurred by City to complete the Work following termination, where “additional cost” means all cost in excess of the cost City would have incurred if DBE had timely completed Work without the default and termination. In addition, City will have the right to immediate possession and use of any materials, supplies, and equipment procured for the Project and located at the Project site or any Worksite on City property for the purposes of completing the remaining Work. (E) Compensation. Within 30 days of receipt of updated as-builts, all warranties, manuals, instructions, or other required documents for Work installed to date, and delivery to City of all equipment and materials for the Project for which DBE has already been compensated, DBE will be compensated for the Work satisfactorily performed in compliance with the Contract Documents up to the effective date of the termination pursuant to the terms of Article 8, Payment, subject to City’s rights to withhold or deduct sums from payment otherwise due pursuant to Section 8.4, and excluding any costs DBE incurs as a result of the termination, including any cancellation or restocking charges or fees due to third parties. If DBE disputes the amount of compensation determined by City, its sole recourse is to comply with the Claim Procedures in Article 12, by submitting a Claim no later than 30 days following notice from City of the total compensation to be paid by City. (F) Wrongful Termination. If DBE disputes the termination, its sole recourse is to comply with the Claim procedures in Article 12. If a court of competent jurisdiction or an arbitrator later determines that the termination for default was wrongful, the termination will be deemed to be a termination for convenience, and DBE’s damages will be strictly limited to the compensation provided for termination for convenience under Section 13.4, below. DBE waives any claim for any other damages for wrongful termination including special or consequential damages, lost opportunity costs, or lost profits, and any award of damages is subject to Section 12.8, Burden of Proof and Limitations. 587 CC 02-04-2025 587 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 75 13.4 Termination for Convenience. City reserves the right to terminate all or part of the Contract for convenience upon written notice to DBE. (A) Compensation to DBE. In the event of City’s termination for convenience, DBE waives any claim for damages, including for loss of anticipated profits from the Project. The following will constitute full and fair compensation to DBE, and DBE will not be entitled to any additional claim or compensation: (1) Completed Work. The value of its Work satisfactorily performed as of the date notice of termination is received, based on DBE’s schedule of values and unpaid costs for items delivered to the Project site that were fabricated for incorporation in the Work; (2) Demobilization. Demobilization costs specified in the schedule of values, or if demobilizations cost were not provided in a schedule of values, then based on actual, reasonable, and fully documented demobilization costs; and (3) Termination Markup. Five percent of the total value of the Work performed as of the date of notice of termination, including reasonable, actual, and documented costs to comply with the direction in the notice of termination for convenience, and demobilization costs, which is deemed to cover all overhead and profit to date. (B) Disputes. If DBE disputes the amount of compensation determined by City pursuant to paragraph (A), above, its sole recourse is to comply with the Claim procedures in Article 12, by submitting a Claim no later than 30 days following notice from City of total compensation to be paid by City. 13.5 Actions Upon Termination for Default or Convenience. The following provisions apply to any termination under this Article, whether for default or convenience, and whether in whole or in part. (A) General. Upon termination City may immediately enter upon and take possession of the Project and the Work and all tools, equipment, appliances, materials, and supplies procured or fabricated for the Project. DBE will transfer title to and deliver all completed Work and all Work in progress to City. (B) Submittals. Unless otherwise specified in the notice of termination, DBE must immediately submit to City all designs, drawings, as-built drawings, Project records, contracts with vendors and Subcontractors, manufacturer warranties, manuals, and other such submittals or Work-related documents required under the terms of the Contract Documents, including incomplete documents or drafts. (C) Close Out Requirements. Except as otherwise specified in the notice of termination, DBE must comply with all of the following: (1) Immediately stop the Work, except for any Work that must be completed pursuant to the notice of termination and comply with City’s instructions for cessation of labor and securing the Project and any other Worksite(s). (2) Comply with City’s instructions to protect the completed Work and materials, using best efforts to minimize further costs. (3) DBE must not place further orders or enter into new subcontracts for materials, equipment, services or facilities, except as may be necessary to complete any portion of the Work that is not terminated. 588 CC 02-04-2025 588 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 76 (4) As directed in the notice, DBE must assign to City or cancel existing subcontracts that relate to performance of the terminated Work, subject to any prior rights, if any, of the surety for DBE’s performance bond, and settle all outstanding liabilities and claims, subject to City’s approval. (5) As directed in the notice, DBE must use its best efforts to sell any materials, supplies, or equipment intended solely for the terminated Work in a manner and at market rate prices acceptable to City. (D) Payment Upon Termination. Upon completion of all termination obligations, as specified herein and in the notice of termination, DBE will submit its request for Final Payment, including any amounts due following termination pursuant to this Article 13. Payment will be made in accordance to the provisions of Article 8, based on the portion of the Work satisfactorily completed, including the close out requirements, and consistent with the previously submitted schedule of values and unit pricing (as applicable), including demobilization costs. Adjustments to Final Payment may include deductions for the cost of materials, supplies, or equipment retained by DBE; payments received for sale of any such materials, supplies, or equipment, less re-stocking fees charged; and as otherwise specified in Section 8.4, Adjustment of Payment Application. (E) Continuing Obligations. Regardless of any Contract termination, DBE’s obligations for portions of the Work already performed will continue and the provisions of the Contract Documents will remain in effect as to any claim, indemnity obligation, warranties, guarantees, submittals of as-built drawings, instructions, or manuals, record maintenance, or other such rights and obligations arising prior to the termination date. Article 14 - Miscellaneous Provisions 14.1 Assignment of Unfair Business Practice Claims. Under Public Contract Code § 7103.5, DBE and its Subcontractors agree to assign to City all rights, title, and interest in and to all causes of action it may have under § 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or any subcontract. This assignment will be effective at the time City tenders Final Payment to DBE, without further acknowledgement by the parties. 14.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the Contract Documents is deemed to be inserted, and the Contract Documents will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract Documents will be deemed amended accordingly. 14.3 Waiver. City’s waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of the Contract Documents will not be effective unless it is in writing and signed by City. City’s waiver of any breach, failure, right, or remedy will not be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless specified in writing by City. 14.4 Titles, Headings, and Groupings. The titles and headings used and the groupings of provisions in the Contract Documents are for convenience only and may not be used in the construction or interpretation of the Contract Documents or relied upon for any other purpose. 589 CC 02-04-2025 589 of 985 Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 77 14.5 Statutory and Regulatory References. With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that that bids were due. 14.6 Survival. The provisions that survive termination or expiration of this Contract include Contract Section 11, Notice, and subsections 12.1, 12.2, 12.3, 12.4, 12.5, and 12.6, of Section 12, General Provisions; and the following provisions in these General Conditions: Section 2.3(D), Ownership of Documents, Section 2.4(J), DBE’s Records, Section 2.5(C), Termination, Section 4.2, Indemnity and Liability, Section 11.2, Warranty, and Article 12, Dispute Resolution. END OF GENERAL CONDITIONS 590 CC 02-04-2025 590 of 985 Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 78 Special Conditions 1. Work Days and Hours. Work hours and noise pose a special concern for projects in residential neighborhoods. The City is very concerned for its residents and will diligently enforce the restrictions below. 1.1 Work Hours. Except as expressly authorized in writing by City, DBE is limited to performing Work on the Project between 7:00 a.m. to 4:00 p.m., Monday through Friday (excluding City observed holidays). Any request for work outside of these hours must be submitted in writing and approved in advance by the City’s Team two working days in advance. Equipment and material may arrive no earlier than 6:00 a.m. to the site. 1.2 Equipment and Material Delivery and Off-Haul Hours. No equipment or material may be delivered or off-hauled except between 6:00 a.m. to 4:00 p.m., Monday through Friday (excluding City observed holidays). No equipment that has a safety back up beeper may be operated before 6:00 a.m. on any day. 1.3 Work Days Only. Work will only be performed on Work Days, as defined in the General Conditions, unless DBE requests otherwise from City in writing at least 2 working days in advance, and City approves the request in its sole discretion. 1.4 Connections to Existing Facilities. Unless otherwise specified or indicated, DBE will make all necessary connections to existing facilities, including structures, drain lines, and utilities such as water, sewer, gas, telephone, and electric. In each case, DBE will receive permission from City or the owning utility prior to undertaking connections and coordinate as needed to accommodate the facilities operations. DBE will protect facilities against deleterious substances and damage. 1.5 Road Shutdown. DBE will execute the Work while roads are in operation except for the periods of permitted shutdown. For shutdown periods, DBE will prepare and submit a detailed plan that includes shutdown schedule, planned sequence of work, milestones and projected times of completions of activities, any anticipated problems, DBE’s supervisory personnel, actions desired of City and staff, and contingency plans. DBE will allow sufficient time for review and re-submittal of the shutdown plan until acceptable to City. DBE will employ sufficient labor, superintendence, and equipment on a 24-hour, 7 days a week basis during shutdown and other operational disruptions to complete Work within the specified periods at no additional cost to the City. Once initiated, Work may proceed on extra shift or around-the-clock basis as necessary. When required to minimize treatment process interruptions while complying with specified sequencing constraints, DBE will provide power, lighting, controls, instrumentation, and safety devices. 1.6 Noise Limitation. No non-construction noise will be allowed, this includes amplified music, radio or other noise not due to construction activities. 591 CC 02-04-2025 591 of 985 Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 79 2. Lines and Grades Verification. All Work must be done to the lines, grades, and elevations indicated on the Plans and Specifications, and in accordance with all applicable Laws. DBE is required to verify forms and other work comply with lines, grades and elevations. Prior to pouring or placing any concrete or asphalt, DBE must have a California licensed land surveyor or civil engineer field verify lines, grades and elevations prior to proceeding with the placement of concrete or asphalt. The land surveyor or civil engineer must have at least five years of relevant experience, and must be acceptable to the City. DBE must provide City verification of the licensing and experience for each proposed land surveyor or civil engineer. DBE must provide City with inspection results for form and grade work. DBE must remedy any non-compliant Work at no additional cost to City. 3. Parking Restrictions. DBE and Subcontractors will direct their respective workers to park in the locations identified for DBE parking in the Bridging Documents or other appropriate off-site locations, including public parking facilities or public streets adjacent to or near the Project site, in compliance with applicable parking restrictions and requirements, and without blocking driveways and access. 4. Pre-Construction Conference. City will designate a date and time for a pre-construction conference with DBE following City’s approval of the final Construction Documents. Project administration procedures and coordination between City and DBE will be discussed, and DBE must present City with the following information or documents at the meeting for City’s review and acceptance before the Work commences: 4.1 Name, 24-hour contact information, and qualifications of the proposed on-site superintendent; 4.2 List of all key Project personnel and their complete contact information, including email addresses and telephone numbers during regular hours and after hours; 4.3 Staging plans that identify the sequence of the Work, including any phases and alternative sequences or phases, with the goal of minimizing the impacts on residents, businesses and other operations in the Project vicinity; 4.4 If required, traffic control plans associated with the staging plans that are signed and stamped by a licensed traffic engineer; 4.5 Draft baseline schedule for the Work as required under Section 5.2 of the General Conditions, to be finalized within 10 days after City’s approval of the final Construction Documents; 4.6 Breakdown of lump sum bid items, to be used for determining the value of Work completed for future progress payments to DBE; 4.7 Schedule with list of Project submittals that require City review, and list of the proposed material suppliers; 4.8 Plan for coordination with affected utility owner(s) and compliance with any related permit requirements; 4.9 Videotape and photographs recording the conditions throughout the pre- construction Project site, showing the existing improvements and current condition of the curbs, gutters, sidewalks, signs, landscaping, streetlights, structures near the Project such as building faces, canopies, shades and fences, and any other features within the Project area limits; 592 CC 02-04-2025 592 of 985 Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 80 4.10 If requested by City, DBE’s cash flow projections; and 4.11 Any other documents specified in the Special Conditions or Notice of Award. 5. Construction Manager Role and Authority. The Construction Manager will assist City in the management of the construction of the Project. The Construction Manager may perform services in the areas of supervision and coordination of the work of DBE and/or other contractors, scheduling the Work, monitoring the progress of the Work, providing City with evaluations and recommendations concerning the quality of the Work, recommending the approval of progress payments to DBE, or other services for the Project in accordance with the Construction Manager’s contract with City. 5.1 Communications. DBE must submit all notices and communications relating to the Work directly to the Construction Manager in writing. The Construction Management firm is not yet contracted, contact information will be provided upon execution. Copy to the City’s Project Manager: Susan Michael, CIP Manager Public Works SusanM@Cupertino.gov 5.2 On-Site Management and Communication Procedures. The Construction Manager will provide and maintain a management team on the Project site to provide contract administration as an agent of City and will establish and implement coordination and communication procedures among City, the Design Professional, DBE, and others. 5.3 Contract Administration Procedures. The Construction Manager will establish and implement procedures for reviewing and processing requests for clarifications and interpretations of the Contract Documents, Shop Drawings, samples, other submittals, schedule adjustments, Change Order proposals, written proposals for substitutions, payment applications, and maintenance of logs. 5.4 Pre-Construction Conference. DBE will attend the pre-construction conference, during which the Construction Manager will review the Contract administration procedures and Project requirements. 5.5 DBE’s Construction Schedule. The Construction Manager will review DBE’s construction schedules and will verify that each schedule is prepared in accordance with the requirements of the Contract Documents. 6. Notification of Residents, Schools and Businesses. DBE will notify, in writing, residents, businesses and schools within a 300 foot radius of Project limits at a minimum of two times prior to start of construction. The first notice shall be given to all residents, businesses and schools within the Project area five working days prior to any construction operation. The second notice shall be given to residents, businesses and schools two working days prior to any construction operation. Both notices shall be in writing and submitted to the City Engineer for review and approval. Sample notice is below. Notices shall include the Project name, describe the nature and duration of the DBE’s operations, and provide a telephone number at which a DBE representative may be contacted 24 hour per day for problems or emergencies encountered by residents 593 CC 02-04-2025 593 of 985 Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 81 and/or businesses. Answering machines and voice mail shall not be permitted. The notice will also contain the City’s Construction Management contact information. A separate notice shall be given at least two working days prior to any anticipated service/utility disruption or temporary closure of access to any driveway. The notice shall indicate the duration of the disruption. DBE shall submit a written request to the City Engineer regarding the temporary closure of access to any driveway. No driveway access shall be closed by the DBE at any time without prior written authorization from the City Engineer. If construction operations are delayed for any reason beyond the duration stipulated in the notices, DBE shall re-issue written notices that explain the delay and provide a revised schedule. All written notices to residents, schools, businesses, agencies, etc. shall be submitted to the City for review and approval. Provide the City with a schedule of the notification deliveries so that the City can confirm that the notification was completed. Payment for compliance with this section shall be deemed included in the various other items of work, and no additional compensation will be allowed therefore. SAMPLE NOTICE: NOTICE TO RESIDENTS / BUSINESS OWNERS Date: [MONTH] [DAY], [YEAR] Subject: [NAME OF PROJECT] – [One Week OR Two Day] Notice This notice is to inform you that the City of Cupertino, Department of Public Works, has contracted with [DBE NAME] to [SCOPE OF WORK] along [STREET NAME] from [ADJACENT CROSS STREET] to [ADJACENT CROSS STREET]. This [SCOPE OF WORK] will mainly occur on [WEEKDAYS, SEE “SCHEDULE OFWORKING DAYS/HOURS”] from [START TIME] to [END TIME] and is scheduled to start in your area APPROXIMATELY seven days from the date of this notice and will continue from [START DATE] until [END DATE]. Please be aware that there may be construction activities that cause traffic delays. [DBE NAME] will make every effort to maintain normal traffic access and minimize disruption in your neighborhood. No Parking / Tow‐Away signs will be posted in affected areas two working days in advance of enforcement. Access to driveways will be maintained at ALL times during the construction. Prior to activities in your immediate area, you will be sent a notification TWO WORKING DAYS before work begins. [DBE NAME] and the City of Cupertino, Department of Public Works, apologize for any inconvenience due to these activities. If you have any questions or need assistance as these activities progress, please call the number(s) listed below: [DBE NAME] [NAME OF PROJECT MANAGER, DBE) Project Manager (XXX) XXX‐XXXX (24-hour number) 594 CC 02-04-2025 594 of 985 Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 82 City of Cupertino (NAME OF CONSTRUCTION MANAGEMENT FIRM IF ONE) (PERSON’S NAME FROM CONSTRUCTION MANAGEMENT FIRM) (XXX) XXX‐XXXX (24-hour number) City Office: (408)777-3354 Department of Public Works Thank you for your patience and cooperation, [NAME OF PROJECT MANAGER, DBE], Project Manager [NAME OF CONSTRUCTION FIRM] 7. Pandemic Health Laws. DBE’s duty to comply with Laws includes compliance by the DBE team, including all Subconsultants and Subcontractors, with all local, state, or federal Laws that have been or may be enacted in response to the Covid-19 pandemic (collectively, “Health Laws”) or similar, which include the County of Santa Clara Health Orders for Construction activities, including any subsequent amendments thereto. Failure to fully comply with the Health Laws constitutes a material default, subject to all available remedies including suspension or termination. 8. Construction and Demolition Debris Management Plan A completed construction and demolition (C&D) Debris Management Plan must be submitted using the City’s Green Halo on-line application. All debris disposal and recycling from the construction project must be tracked throughout the duration of the project. The DBE must use Green Halo Cupertino.wastetracking.com to create their Plan and to submit all construction waste generation tonnage information. No additional compensation will be paid for implementation of the Debris Management Plan and failure to meet all plan requirements may result in work stoppage, fines, and/or back-charges. For additional information, visit www.cupertino.org/greendev 9. Federally Funded Projects. This Project is funded in whole or in part by federal funds and subject to the following federal requirements under the terms of the funding agreement(s) between City and the federal agency or agencies providing federal funds, which are fully incorporated by this reference and made part of the Contract Documents. Copies of any funding agreement between City and a funding agency will be made available upon request. 9.A. Equal Opportunity. During the performance of this Contract, the DBE agrees as follows: 9.A.1. The DBE will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The DBE will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action will include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The DBE agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 595 CC 02-04-2025 595 of 985 Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 83 9.A.2. The DBE will, in all solicitations or advertisements for employees placed by or on behalf of the DBE, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 9.A.3. The DBE will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision will not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the DBE’s legal duty to furnish information. 9.A.4. The DBE will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers’ representatives of the DBE’s commitments under this section, and will post copies of the notice in conspicuous places available to employees and applicants for employment. 9.A.5. The DBE will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the United States Secretary of Labor. 9.A.6. The DBE will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the United States Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the United States Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 9.A.7. In the event of the DBE noncompliance with the nondiscrimination clauses of this contract or with any of the rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the DBE may be declared ineligible for further federal government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the United States Secretary of Labor, or as otherwise provided by law. 9.A.8. The DBE will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (H) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the United States Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or vendor. The DBE will take such action with respect to any subcontract or purchase order as the City or funding agency may direct as a means of enforcing such provisions, including sanctions for 596 CC 02-04-2025 596 of 985 Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 84 noncompliance: Provided, however, that in the event a DBE becomes involved in, or is threatened with, litigation with a Subcontractor or vendor as a result of such direction by the City or funding agency, the DBE may request the United States to enter into such litigation to protect the interests of the United States. 9.B. Davis-Bacon Act. DBE will pay wages to laborers and mechanics, not less than once a week, and at a rate not less than the current federal prevailing wages specified in the Davis-Bacon Act Wage Determination attached hereto and incorporated herein. By entering into this Contract, DBE accepts the attached Wage Determination. The current Davis-Bacon Act Wage Determination, which may be accessed at https://sam.gov/wage-determination/CA20250018/1, is attached to this document as Appendix 1. 9.C. Copeland “Anti-Kickback” Act. DBE will comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 CFR Part 3 as may be applicable, which are incorporated by reference into this Contract. DBE and Subcontractors must insert this requirement into subcontracts of any tier. DBE is responsible for compliance with these requirements by each Subcontractor of any tier. 9.D. Contract Work Hours and Safety Standards Act. In addition to the California state law requirements in Article 9 of the General Conditions, DBE and each Subcontractor must comply with the requirements of the federal Contract Work Hours and Safety Standards Act, as set forth in 40 U.S.C. 3701-3708, as supplemented by the regulations set forth in 29 CFR Part 5, as may be amended from time to time, which are fully incorporated herein, including: 9.D.1. DBE or Subcontractor will not require or permit any laborer or mechanic performing Work for the Project to work in excess of 40 hours in a work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours during that work week. 9.D.2. If DBE or a Subcontractor violates this requirement, the DBE and any responsible Subcontractor will be liable for the unpaid wages. In addition, the DBE and Subcontractor will be liable to the United States for liquidated damages. The liquidated damages will be computed with respect to each individual worker as specified under federal law. 9.D.3. DBE and Subcontractors must insert this requirement into subcontracts of any tier. DBE is responsible for compliance with these requirements by each Subcontractor of any tier. 9.E. Rights to Inventions. If the federal funding for this Contract meets the definition of “funding agreement” under 37 CFR § 401.2(a) and constitutes an agreement between the City and a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency, will apply to this Contract and are fully incorporated into the Contract Documents by this reference. 9.F. Clean Air Act. If the Contract is for an amount in excess of $150,000, DBE and each Subcontractor must comply with the requirements of the Clean Air Act, as 597 CC 02-04-2025 597 of 985 Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 85 amended, (42 U.S.C. §§ 7401-7671q), which are fully incorporated into the Contract Documents by this reference, including requirements for reporting violations to the awarding agency and the applicable Regional Office for the Environmental Protection Agency. DBE and Subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000. 9.G. Federal Water Pollution Control Act. If the Contract is for an amount in excess of $150,000, the requirements of the Federal Water Pollution Control Act (33 U.S.C. §§ 1251-1387) apply to this Contract and are fully incorporated into the Contract Documents by this reference, including requirements for reporting violations to the awarding agency and the applicable Regional Office for the Environmental Protection Agency. DBE and Subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000. 9.H. Suspension and Debarment. DBE is required to verify that neither it, nor its principals, as defined at 2 CFR § 180.995, or its affiliates, as defined at 2 CFR § 180.905, are excluded or disqualified, as defined at 2 CFR §§ 180.935 and 180.940. DBE must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, and must include a provision requiring compliance with these regulations in any subcontract of any tier. If it is later determined that the DBE did not comply with the applicable subparts, the Federal Government may pursue available remedies, including, but not limited to, suspension and/or debarment. By submitting a bid and entering into this Contract, DBE agrees to comply with these requirements. 9.I. Byrd Anti-Lobbying Amendment. If the Contract is for an amount in excess of $100,000, DBE must comply with the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and file the certification provided at 44 CFR Part 18, Appendix A, and any disclosures, with the applicable federal agency. Each tier certifies to the tier above that it will not and has not used federal-appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier will also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures will be forwarded from tier to tier up to the recipient. 9.J. Procurement of Recovered Materials. The requirements of § 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962, apply to this Contract and are fully incorporated into the Contract Documents by this reference. For individual purchases of $10,000 or more, DBE will make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired (A) competitively within the Contract schedule, (B) in conformance with Contract performance requirements, or (C) at a reasonable price. Information on this requirement, including a list of EPA- designated items, is available at the EPA’s Comprehensive Procurement Guidelines website: https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. 9.K. Prohibition on Covered Telecommunications. Federal loan or grant funds must not be obligated or expended to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, as further specified in 2 CFR § 200.216, which is fully incorporated into the Contract Documents by this 598 CC 02-04-2025 598 of 985 Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 86 reference. Covered telecommunications equipment or services includes equipment produced by, services provided by, or services using equipment produced by: Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); or an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 9.L. Domestic Preferences for Procurements. As appropriate, practicable, and to the extent consistent with Laws, the DBE shall procure, purchase, acquire, and/or use goods, products, or materials produced in the United States, as further specified in 2 CFR § 200.322, which is fully incorporated into the Contract Documents by this reference, including, but not limited to, iron, aluminum, steel, cement, and other manufactured products used in construction, as specified therein. The requirements of 2 CFR § 200.322 must be included in all subcontracts and purchase orders for work or products under the federal award. Furthermore, it is the stated goal of the project to have the project qualify for the “Build America, Buy America Act,” which establishes a domestic content procurement preference for all Federal financial assistance obligated for infrastructure projects. 10. Close Out Requirements. DBE’s close out requirements include the following, if applicable: 10.A. DBE must replace, with thermoplastic, any existing striping within and adjacent to the Project site that is damaged during the Work. Partially damaged striping must be replaced in its entirety. 10.B. DBE must replace any survey monuments that are damaged or removed during the Work, with a Record of Survey filed by a licensed land surveyor as required by California law. 10.C. Before removing any traffic control or street signs on the Project site, DBE must take photographs showing their original locations. Upon completion of each phase of construction, DBE must temporarily reset the signs at those locations. DBE must then replace the signs permanently upon completion of the Work and the cost of their removal and replacement must be included in the Bid Proposal. 10.D. DBE must maintain any rural mailboxes on the Project site and relocate them to their permanent locations as soon as possible in the course of the Work, to the satisfaction of the affected property owners and the postal service END OF SPECIAL CONDITIONS 599 CC 02-04-2025 599 of 985 Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 1 APPENDIX A DAVIS – BACON ACT WAGE DETERIMINATION (1/10/2025) "General Decision Number: CA20250018 01/10/2025 Superseded General Decision Number: CA20240018 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway Counties: Alameda, Calaveras, Contra Costa, Fresno, Kings, Madera, Mariposa, Merced, Monterey, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Stanislaus and Tuolumne Counties in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). If the contract is entered into on or after January 30, 2022, or the contract is renewed or extended (e.g. an option is exercised) on or after January 30, 2022: Executive Order 14026 generally applies to the contract. The contractor must pay all covered workers at least $17.75 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2025. If the contract was awarded on or between January 1, 2015 and January 29, 2022 and the contract is not renewed or extended on or after January 30, 2022: Executive Order 13658 generally applies to the contract. The contractor must pay all covered workers at least $13.30 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2025. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. 600 CC 02-04-2025 600 of 985 Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 2 Modification Number Publication Date 0 01/03/2025 1 01/10/2025 ---------------------------------------------------------------- ASBE0016-004 05/01/2024 AREA 1: CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS & TOULMNE COUNTIES AREA 2: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA CLARA COUNTIES Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not): Rates Fringes Area 1......................$ 34.56 11.40 Area 2......................$ 36.53 9.27 ---------------------------------------------------------------- ASBE0016-008 01/01/2024 AREA 1: ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA, & SANTA CRUZ AREA 2: CALAVERAS, COLUSA, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS, & TUOLUMNE Asbestos Workers/Insulator (Includes the application of all insulating materials, Protective Coverings, Coatings, and Finishes to all types of mechanical systems): Rates Fringes Area 1......................$ 84.76 25.07 Area 2......................$ 64.56 25.07 ---------------------------------------------------------------- BOIL0549-001 01/01/2021 AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA CLARA COUNTIES AREA 2: REMAINING COUNTIES BOILERMAKER Rates Fringes Area 1…...................$ 49.62 41.27 Area 2…...................$ 45.60 38.99 BRCA0003-001 08/01/2023 Rates Fringes MARBLE FINISHER..................$ 41.18 18.58 ---------------------------------------------------------------- BRCA0003-003 08/01/2023 Rates Fringes MARBLE MASON.....................$ 60.20 28.82 ---------------------------------------------------------------- 601 CC 02-04-2025 601 of 985 Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 3 BRCA0003-005 05/01/2024 BRICKLAYER Rates Fringes ( 1) Fresno, Kings, Madera, Mariposa, Merced $ 51.17 25.80 ( 7) San Francisco, San Mateo $ 57.02 28.50 ( 8) Alameda, Contra Costa, San Benito, Santa Clara $ 56.94 26.28 ( 9) Calaveras, San Joaquin, Stanislaus, Toulumne $ 52.76 25.01 (16) Monterey, Santa Cruz $ 54.18 27.82 ---------------------------------------------------------------- BRCA0003-008 07/01/2023 Rates Fringes TERRAZZO FINISHER................ $ 43.90 19.51 TERRAZZO WORKER/SETTER........... $ 59.06 28.31 ---------------------------------------------------------------- BRCA0003-011 04/01/2024 AREA 1: Alameda, Contra Costa, Monterey, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz AREA 2: Calaveras, San Joaquin, Stanislaus, Tuolumne AREA 3: Fresno, Kings, Madera, Mariposa, Merced Rates Fringes TILE FINISHER Area 1......................$ 37.75 19.28 Area 2......................$ 34.76 19.22 Area 3......................$ 32.68 18.32 Tile Layer Area 1......................$ 59.92 22.62 Area 2......................$ 55.17 22.52 Area 3......................$ 50.28 22.05 ---------------------------------------------------------------- CARP0034-001 07/01/2021 Rates Fringes Diver Assistant Tender, ROV Tender/Technician.......... $ 54.10 34.69 Diver standby............... $ 60.51 34.69 Diver Tender................ $ 59.51 34.69 Diver wet.................. $ 103.62 34.69 Manifold Operator (mixed gas)........................ $ 64.51 34.69 Manifold Operator (Standby) $ 59.51 34.69 DEPTH PAY (Surface Diving): 050 to 100 ft $2.00 per foot 101 to 150 ft $3.00 per foot 151 to 220 ft $4.00 per foot 221 ft.-deeper $5.00 per foot SATURATION DIVING: 602 CC 02-04-2025 602 of 985 Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 4 The standby rate shall apply until saturation starts. The saturation diving rate applies when divers are under pressure continuously until work task and decompression are complete. The diver rate shall be paid for all saturation hours. DIVING IN ENCLOSURES: Where it is necessary for Divers to enter pipes or tunnels, or other enclosures where there is no vertical ascent, the following premium shall be paid: Distance traveled from entrance 26 feet to 300 feet: $1.00 per foot. When it is necessary for a diver to enter any pipe, tunnel or other enclosure less than 48"" in height, the premium will be $1.00 per foot. WORK IN COMBINATION OF CLASSIFICATIONS: Employees working in any combination of classifications within the diving crew (except dive supervisor) in a shift are paid in the classification with the highest rate for that shift. ---------------------------------------------------------------- CARP0034-003 07/01/2021 Rates Fringes Piledriver.......................$ 54.10 34.69 ---------------------------------------------------------------- CARP0035-007 07/01/2020 AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa Clara counties AREA 2: Monterey, San Benito, Santa Cruz Counties AREA 3: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, San Joaquin, Stanislaus, Tuolumne Counties Rates Fringes Modular Furniture Installer Area 1 Installer.................. $ 28.76 22.53 Lead Installer............. $ 32.21 23.03 Master Installer........... $ 36.43 23.03 Area 2 Installer.................. $ 26.11 22.53 Lead Installer............. $ 29.08 23.03 Master Installer........... $ 32.71 23.03 Area 3 Installer.................. $ 25.16 22.53 Lead Installer............. $ 27.96 23.03 Master Installer........... $ 31.38 23.03 ---------------------------------------------------------------- CARP0035-008 08/01/2020 AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa Clara counties AREA 2: Monterey, San Benito, Santa Cruz Counties AREA 3: San Joaquin AREA 4: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, Stanislaus, Tuolumne Counties Rates Fringes Drywall Installers/Lathers: Area 1......................$ 52.65 31.26 Area 2......................$ 46.77 31.26 Area 3......................$ 47.27 31.26 Area 4......................$ 45.92 31.26 Drywall Stocker/Scrapper 603 CC 02-04-2025 603 of 985 Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 5 Area 1......................$ 26.33 18.22 Area 2......................$ 23.39 18.22 Area 3......................$ 23.64 18.22 Area 4......................$ 22.97 18.22 ---------------------------------------------------------------- CARP0405-001 07/01/2021 Santa Clara County Rates Fringes Carpenters Bridge Builder/Highway Carpenter $ 54.85 31.49 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer....................... $ 55.00 31.49 Journeyman Carpenter........ $ 54.85 31.49 Millwright.................. $ 54.95 33.08 ---------------------------------------------------------------- ELEC0332-001 06/01/2024 SANTA CLARA COUNTY Rates Fringes CABLE SPLICER........ $ 100.25 46.72 ELECTRICIAN......... $ 87.17 46.33 FOOTNOTES: Work under compressed air or where gas masks are required, or work on ladders, scaffolds, stacks, ""Bosun's chairs,"" or other structures and where the workers are not protected by permanent guard rails at a distance of 40 to 60 ft. from the ground or supporting structures: to be paid one and one-half times the straight-time rate of pay. Work on structures of 60 ft. or over (as described above) to be paid twice the straight-time rate of pay. ---------------------------------------------------------------- * ELEC0332-003 12/01/2024 SANTA CLARA COUNTY Rates Fringes Sound & Communications Installer................... $ 56.68 28.35 Technician.................. $ 65.18 28.61 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. 604 CC 02-04-2025 604 of 985 Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 6 ---------------------------------------------------------------- ELEC1245-001 06/01/2024 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer.. $ 70.16 24.46 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment)............. $ 53.30 22.01 (3) Groundman............... $ 40.76 21.51 (4) Powderman............... $ 51.87 18.79 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ---------------------------------------------------------------- ELEV0008-001 01/01/2024 Rates Fringes ELEVATOR MECHANIC................ $ 80.76 37.885+a+b FOOTNOTE: a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ---------------------------------------------------------------- ENGI0003-001 06/28/2023 ""AREA 1"" WAGE RATES ARE LISTED BELOW ""AREA 2"" RECEIVES AN ADDITIONAL $2.00 PER HOUR ABOVE AREA 1 RATES. AREA DESCRIPTIONS: POWER EQUIPMENT OPERATORS, CRANES AND ATTACHMENTS,TUNNEL AND UNDERGROUND [These areas do not apply to Piledrivers and Steel Erectors] AREA 1: ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, STANISLAUS, TUOLUMNE Rates Fringes OPERATOR: Power Equipment (AREA 1:) GROUP 1..................... $ 60.72 31.03 GROUP 2..................... $ 59.19 31.03 GROUP 3..................... $ 57.71 31.03 GROUP 4..................... $ 56.33 31.03 GROUP 5.................... .$ 55.06 31.03 GROUP 6.................... .$ 53.74 31.03 GROUP 7..................... $ 52.60 31.03 GROUP 8..................... $ 51.46 31.03 GROUP 8-A................... $ 49.25 31.03 605 CC 02-04-2025 605 of 985 Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 7 OPERATOR: Power Equipment (Cranes and Attachments – (AREA 1:) GROUP 1 Cranes............... $ 52.30 31.15 Oiler............... $ 43.79 31.15 Truck crane oiler.......... $ 46.08 31.15 GROUP 2 Cranes..................... $ 50.54 31.15 Oiler...................... $ 42.83 31.15 Truck crane oiler.......... $ 45.07 31.15 GROUP 3 Cranes..................... $ 48.80 31.15 Hydraulic.................. $ 44.44 31.15 Oiler...................... $ 42.55 31.15 Truck crane oiler.......... $ 44.83 31.15 GROUP 4 Cranes..................... $ 45.76 31.15 OPERATOR: Power Equipment (Piledriving - AREA 1:) GROUP 1 Lifting devices............ $ 52.64 31.15 Oiler...................... $ 43.38 31.15 Truck Crane Oiler.......... $ 45.66 31.15 GROUP 2 Lifting devices............ $ 50.82 31.15 Oiler...................... $ 43.11 31.15 Truck Crane Oiler.......... $ 45.41 31.15 GROUP 3 Lifting devices............ $ 49.14 31.15 Oiler...................... $ 42.89 31.15 Truck Crane Oiler.......... $ 45.12 31.15 GROUP 4 Lifting devices............ $ 47.37 31.15 GROUP 5 Lifting devices............ $ 44.73 31.15 GROUP 6 Lifting devices............ $ 42.50 31.15 OPERATOR: Power Equipment (Steel Erection - AREA 1:) GROUP 1 Cranes..................... $ 53.27 31.15 Oiler..................... $ 43.72 31.15 Truck Crane Oiler.......... $ 45.95 31.15 GROUP 2 Cranes..................... $ 51.50 31.15 Oiler...................... $ 43.45 31.15 Truck Crane Oiler.......... $ 45.73 31.15 GROUP 3 Cranes..................... $ 50.02 31.15 Hydraulic.................. $ 45.07 31.15 Oiler...................... $ 43.23 31.15 Truck Crane Oiler.......... $ 45.46 31.15 GROUP 4 Cranes..................... $ 48.00 31.15 GROUP 5 606 CC 02-04-2025 606 of 985 Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 8 Cranes..................... $ 46.70 31.15 OPERATOR: Power Equipment (Tunnel and Underground Work - AREA 1:) SHAFTS, STOPES, RAISES: GROUP 1.................... $ 56.82 31.03 GROUP 1-A.................. $ 59.29 31.03 GROUP 2.................... $ 55.56 31.03 GROUP 3.................... $ 54.23 31.03 GROUP 4.................... $ 53.09 31.03 GROUP 5.................... $ 51.95 31.03 UNDERGROUND: GROUP 1.................... $ 56.72 31.03 GROUP 1-A.................. $ 59.19 31.03 GROUP 2.................... $ 55.46 31.03 GROUP 3.................... $ 54.13 31.03 GROUP 4.................... $ 52.99 31.03 GROUP 5.................... $ 51.85 31.03 FOOTNOTE: Work suspended by ropes or cables, or work on a Yo-Yo Cat: $.60 per hour additional. POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Operator of helicopter (when used in erection work); Hydraulic excavator, 7 cu. yds. and over; Power shovels, over 7 cu. yds. GROUP 2: Highline cableway; Hydraulic excavator, 3-1/2 cu. yds. up to 7 cu. yds.; Licensed construction work boat operator, on site; Power blade operator (finish); Power shovels, over 1 cu. yd. up to and including 7 cu. yds. m.r.c. GROUP 3: Asphalt milling machine; Cable backhoe; Combination backhoe and loader over 3/4 cu. yds.; Continuous flight tie back machine assistant to engineer or mechanic; Crane mounted continuous flight tie back machine, tonnage to apply; Crane mounted drill attachment, tonnage to apply; Dozer, slope brd; Gradall; Hydraulic excavator, up to 3 1/2 cu. yds.; Loader 4 cu. yds. and over; Long reach excavator; Multiple engine scraper (when used as push pull); Power shovels, up to and including 1 cu. yd.; Pre- stress wire wrapping machine; Side boom cat, 572 or larger; Track loader 4 cu. yds. and over; Wheel excavator (up to and including 750 cu. yds. per hour) GROUP 4: Asphalt plant engineer/box person; Chicago boom; Combination backhoe and loader up to and including 3/4 cu. yd.; Concrete batch plant (wet or dry); Dozer and/or push cat; Pull- type elevating loader; Gradesetter, grade checker (GPS, mechanical or otherwise); Grooving and grinding machine; Heading shield operator; Heavy-duty drilling equipment, Hughes, LDH, Watson 3000 or similar; Heavy- duty repairperson and/or welder; Lime spreader; Loader under 4 cu. yds.; Lubrication and service engineer (mobile and grease rack); Mechanical finishers or spreader machine (asphalt, Barber-Greene and similar); Miller Formless M-9000 slope paver or similar; Portable crushing and screening plants; Power blade support; Roller operator, asphalt; Rubber-tired scraper, self-loading (paddle-wheels, etc.); Rubber- tired earthmoving equipment (scrapers); Slip form paver (concrete); Small tractor with drag; Soil stabilizer (P & H or equal); Spider plow and spider puller; Tubex pile rig; Unlicensed construction work boat operator, on site; Timber skidder; Track loader up to 4 yds.; Tractor-drawn scraper; Tractor, compressor drill combination; Welder; Woods-Mixer (and other similar Pugmill equipment) GROUP 5: Cast-in-place pipe laying machine; Combination slusher and motor operator; Concrete conveyor or concrete pump, truck or equipment mounted; Concrete conveyor, building site; Concrete pump or pumpcrete gun; Drilling equipment, Watson 2000, Texoma 700 or similar; Drilling and boring machinery, horizontal (not to apply to waterliners, wagon drills or jackhammers); Concrete mixer/all; 607 CC 02-04-2025 607 of 985 Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 9 Person and/or material hoist; Mechanical finishers (concrete) (Clary, Johnson, Bidwell Bridge Deck or similar types); Mechanical burm, curb and/or curb and gutter machine, concrete or asphalt); Mine or shaft hoist; Portable crusher; Power jumbo operator (setting slip-forms, etc., in tunnels); Screed (automatic or manual); Self-propelled compactor with dozer; Tractor with boom D6 or smaller; Trenching machine, maximum digging capacity over 5 ft. depth; Vermeer T-600B rock cutter or similar GROUP 6: Armor-Coater (or similar); Ballast jack tamper; Boom- type backfilling machine; Assistant plant engineer; Bridge and/or gantry crane; Chemical grouting machine, truck-mounted; Chip spreading machine operator; Concrete saw (self-propelled unit on streets, highways, airports and canals); Deck engineer; Drilling equipment Texoma 600, Hughes 200 Series or similar up to and including 30 ft. m.r.c.; Drill doctor; Helicopter radio operator; Hydro-hammer or similar; Line master; Skidsteer loader, Bobcat larger than 743 series or similar (with attachments); Locomotive; Lull hi-lift or similar; Oiler, truck mounted equipment; Pavement breaker, truck-mounted, with compressor combination; Paving fabric installation and/or laying machine; Pipe bending machine (pipelines only); Pipe wrapping machine (tractor propelled and supported); Screed (except asphaltic concrete paving); Self- propelled pipeline wrapping machine; Tractor; Self-loading chipper; Concrete barrier moving machine GROUP 7: Ballast regulator; Boom truck or dual-purpose A-frame truck, non-rotating - under 15 tons; Cary lift or similar; Combination slurry mixer and/or cleaner; Drilling equipment, 20 ft. and under m.r.c.; Firetender (hot plant); Grouting machine operator; Highline cableway signalperson; Stationary belt loader (Kolman or similar); Lift slab machine (Vagtborg and similar types); Maginnes internal full slab vibrator; Material hoist (1 drum); Mechanical trench shield; Pavement breaker with or without compressor combination); Pipe cleaning machine (tractor propelled and supported); Post driver; Roller (except asphalt); Chip Seal; Self-propelled automatically applied concrete curing mahcine (on streets, highways, airports and canals); Self-propelled compactor (without dozer); Signalperson; Slip-form pumps (lifting device for concrete forms); Tie spacer; Tower mobile; Trenching machine, maximum digging capacity up to and including 5 ft. depth; Truck- type loader GROUP 8: Bit sharpener; Boiler tender; Box operator; Brakeperson; Combination mixer and compressor (shotcrete/gunite); Compressor operator; Deckhand; Fire tender; Forklift (under 20 ft.); Generator; Gunite/shotcrete equipment operator; Hydraulic monitor; Ken seal machine (or similar); Mixermobile; Oiler; Pump operator; Refrigeration plant; Reservoir-debris tug (self- propelled floating); Ross Carrier (construction site); Rotomist operator; Self-propelled tape machine; Shuttlecar; Self-propelled power sweeper operator (includes vacuum sweeper); Slusher operator; Surface heater; Switchperson; Tar pot firetender; Tugger hoist, single drum; Vacuum cooling plant; Welding machine (powered other than by electricity) GROUP 8-A: Elevator operator; Skidsteer loader-Bobcat 743 series or smaller, and similar (without attachments); Mini excavator under 25 H.P. (backhoe-trencher); Tub grinder wood chipper ---------------------------------------------------------- ALL CRANES AND ATTACHMENTS GROUP 1: Clamshell and dragline over 7 cu. yds.; Crane, over 100 tons; Derrick, over 100 tons; Derrick barge pedestal-mounted, over 100 tons; Self-propelled boom-type lifting device, over 100 tons GROUP 2: Clamshell and dragline over 1 cu. yd. up to and including 7 cu. yds.; Crane, over 45 tons up to and including 100 tons; Derrick barge, 100 tons and under; Self-propelled boom-type lifting device, over 45 tons; Tower crane GROUP 3: Clamshell and dragline up to and including 1 cu. yd.; Cranes 45 tons and under; Self- propelled boom-type lifting device 45 tons and under; 608 CC 02-04-2025 608 of 985 Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 10 GROUP 4: Boom Truck or dual purpose A-frame truck, non-rotating over 15 tons; Truck-mounted rotating telescopic boom type lifting device, Manitex or similar (boom truck) over 15 tons; Truck-mounted rotating telescopic boom type lifting device, Manitex or similar (boom truck) - under 15 tons; ----------------------------------------------------------- PILEDRIVERS GROUP 1: Derrick barge pedestal mounted over 100 tons; Clamshell over 7 cu. yds.; Self-propelled boom-type lifting device over 100 tons; Truck crane or crawler, land or barge mounted over 100 tons GROUP 2: Derrick barge pedestal mounted 45 tons to and including 100 tons; Clamshell up to and including 7 cu. yds.; Self-propelled boom-type lifting device over 45 tons; Truck crane or crawler, land or barge mounted, over 45 tons up to and including 100 tons; Fundex F-12 hydraulic pile rig GROUP 3: Derrick barge pedestal mounted under 45 tons; Self- propelled boom-type lifting device 45 tons and under; Skid/scow piledriver, any tonnage; Truck crane or crawler, land or barge mounted 45 tons and under GROUP 4: Assistant operator in lieu of assistant to engineer; Forklift, 10 tons and over; Heavy-duty repairperson/welder GROUP 5: Deck engineer GROUP 6: Deckhand; Fire tender ------------------------------------------------------------- STEEL ERECTORS GROUP 1: Crane over 100 tons; Derrick over 100 tons; Self- propelled boom-type lifting device over 100 tons GROUP 2: Crane over 45 tons to 100 tons; Derrick under 100 tons; Self-propelled boom-type lifting device over 45 tons to 100 tons; Tower crane GROUP 3: Crane, 45 tons and under; Self-propelled boom-type lifting device, 45 tons and under GROUP 4: Chicago boom; Forklift, 10 tons and over; Heavy-duty repair person/welder GROUP 5: Boom cat -------------------------------------------------------------- -- TUNNEL AND UNDERGROUND WORK GROUP 1-A: Tunnel bore machine operator, 20' diameter or more GROUP 1: Heading shield operator; Heavy-duty repairperson; Mucking machine (rubber tired, rail or track type); Raised bore operator (tunnels); Tunnel mole bore operator GROUP 2: Combination slusher and motor operator; Concrete pump or pumpcrete gun; Power jumbo operator GROUP 3: Drill doctor; Mine or shaft hoist GROUP 4: Combination slurry mixer cleaner; Grouting Machine operator; Motorman 609 CC 02-04-2025 609 of 985 Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 11 GROUP 5: Bit Sharpener; Brakeman; Combination mixer and compressor (gunite); Compressor operator; Oiler; Pump operator; Slusher operator ----------------------------------------------------------- ENGI0003-008 08/01/2024 Dredging: (DREDGING: CLAMSHELL & DIPPER DREDGING; HYDRAULIC SUCTION DREDGING:) AREA 1: ALAMEDA,BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED, NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS, SUTTER, YOLO, AND YUBA COUNTIES Rates Fringes AREA 1: (1) Leverman............... $ 60.61 39.55 (2) Dredge Dozer; Heavy duty repairman............. $ 55.65 39.55 (3) Booster Pump Operator; Deck Engineer; Deck mate; Dredge Tender; Winch Operator................... $ 54.53 39.55 (4) Bargeman; Deckhand; Fireman; Leveehand; Oiler.. $ 51.23 39.55 AREA 2: (1) Leverman............... $ 62.61 39.55 (2) Dredge Dozer; Heavy duty repairman............. $ 57.65 39.55 (3) Booster Pump Operator; Deck Engineer; Deck mate; Dredge Tender; Winch Operator................... $ 56.53 39.55 (4) Bargeman; Deckhand; Fireman; Leveehand; Oiler.. $ 53.23 39.55 ---------------------------------------------------------------- ENGI0003-019 07/01/2024 AREA 1: ALAMEDA, BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED, NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS, SUTTER, YOLO, AND YUBA COUNTIES Rates Fringes OPERATOR: Power Equipment (LANDSCAPE WORK ONLY) GROUP 1 AREA 1.....................$ 52.40 28.52 AREA 2.....................$ 54.40 28.52 GROUP 2 AREA 1.....................$ 48.80 28.52 AREA 2.....................$ 50.80 28.52 GROUP 3 AREA 1.....................$ 44.19 28.52 AREA 2.....................$ 46.19 28.52 610 CC 02-04-2025 610 of 985 Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 12 GROUP DESCRIPTIONS: GROUP 1: Landscape Finish Grade Operator: All finish grade work regardless of equipment used, and all equipment with a rating more than 65 HP. GROUP 2: Landscape Operator up to 65 HP: All equipment with a manufacturer's rating of 65 HP or less except equipment covered by Group 1 or Group 3. The following equipment shall be included except when used for finish work as long as manufacturer's rating is 65 HP or less: A-Frame and Winch Truck, Backhoe, Forklift, Hydragraphic Seeder Machine, Roller, Rubber-Tired and Track Earthmoving Equipment, Skiploader, Straw Blowers, and Trencher 31 HP up to 65 HP. GROUP 3: Landscae Utility Operator: Small Rubber-Tired Tractor, Trencher Under 31 HP. ---------------------------------------------------------------- IRON0377-001 01/01/2024 ALAMEDA, CONTRA COSTA, SAN MATEO, SANTA CLARA COUNTIES Rates Fringes Ironworkers: Fence Erector............... $ 42.53 26.26 Ornamental, Reinforcing and Structural............. .$ 52.08 34.90 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center- Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LABO0067-006 07/01/2024 AREA ""1"" - ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES AREA ""2"" - CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, STANISLAUS, AND TUOLUMNE COUNTIES Rates Fringes LABORER (ASBESTOS/MOLD/LEAD LABORER) Area 1...................... $ 37.75 29.69 Area 2...................... $ 36.75 29.69 ASBESTOS REMOVAL-SCOPE OF WORK: Site mobilization; initial site clean-up; site preparation; removal of asbestos-containing materials from walls and ceilings; or from pipes, boilers and mechanical systems only if they are being scrapped; encapsulation, enclosure and disposal of asbestos-containing 611 CC 02-04-2025 611 of 985 Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 13 materials by hand or with equipment or machinery; scaffolding; fabrication of temporary wooden barriers; and assembly of decontamination stations. ---------------------------------------------------------------- LABO0073-005 06/26/2023 Rates Fringes Tunnel and Shaft Laborers: GROUP 1..................... $ 45.89 27.72 GROUP 2..................... $ 45.66 27.72 GROUP 3..................... $ 45.41 27.72 GROUP 4..................... $ 44.96 27.72 GROUP 5..................... $ 44.42 27.72 Shotcrete Specialist........ $ 46.41 27.72 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); 612 CC 02-04-2025 612 of 985 Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 14 Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shotcrete GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material cleaner"" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. 613 CC 02-04-2025 613 of 985 Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 15 B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- LABO0270-003 07/01/2023 AREA A: SANTA CLARA AREA B: MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person Area A..................... $ 37.26 27.30 Area B..................... $ 36.26 27.30 Traffic Control Person I Area A..................... $ 37.56 27.30 Area B..................... $ 36.56 27.30 Traffic Control Person II Area A..................... $ 35.06 27.30 Area B..................... $ 34.06 27.30 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions. 614 CC 02-04-2025 614 of 985 Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 16 ---------------------------------------------------------------- LABO0270-004 06/26/2023 MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES Rates Fringes Tunnel and Shaft Laborers: GROUP 1.................... .$ 45.89 27.72 GROUP 2..................... $ 45.66 27.72 GROUP 3.................... .$ 45.41 27.72 GROUP 4..................... $ 44.96 27.72 GROUP 5..................... $ 44.42 27.72 Shotcrete Specialist........ $ 46.41 27.72 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- LABO0270-011 07/01/2023 MONTEREY, SAN BENITO, SANTA CRUZ, SANTA CLARA COUNTIES Rates Fringes LABORER (Plaster Tender)......... $ 40.68 29.68 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- PAIN0016-001 01/01/2024 ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN MATEO, SANTA CLARA, AND SANTA CRUZ COUNTIES Rates Fringes Painters:........................ $ 50.51 27.66 PREMIUMS: EXOTIC MATERIALS - $1.25 additional per hour. SPRAY WORK: - $0.50 additional per hour. 615 CC 02-04-2025 615 of 985 Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 17 INDUSTRIAL PAINTING - $0.25 additional per hour [Work on industrial buildings used for the manufacture and processing of goods for sale or service; steel construction (bridges), stacks, towers, tanks, and similar structures] HIGH WORK: over 50 feet - $2.00 per hour additional 100 to 180 feet - $4.00 per hour additional Over 180 feet - $6.00 per houir additional ---------------------------------------------------------------- PAIN0016-003 01/01/2024 AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA CLARA COUNTIES AREA 2: CALAVERAS, MARIPOA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS & TUOLUMNE COUNTIES Rates Fringes Drywall Finisher/Taper AREA 1...................... $ 60.41 31.34 AREA 2...................... $ 56.28 29.94 ---------------------------------------------------------------- PAIN0016-012 01/01/2024 ALAMEDA, CONTRA COSTA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES Rates Fringes SOFT FLOOR LAYER............. $ 59.00 33.03 ---------------------------------------------------------------- PAIN0169-005 01/01/2024 ALAMEDA CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA & SANTA CRUZ COUNTIES Rates Fringes GLAZIER.......................... $ 56.22 34.00 ---------------------------------------------------------------- PAIN1176-001 07/01/2022 HIGHWAY IMPR0VEMENT Rates Fringes Parking Lot Striping/Highway Marking: GROUP 1..................... $ 40.83 17.62 GROUP 2..................... $ 34.71 17.62 GROUP 3..................... $ 35.11 17.62 CLASSIFICATIONS GROUP 1: Striper: Layout and application of painted traffic stripes and marking; hot thermo plastic; tape, traffic stripes and markings GROUP 2: Gamecourt & Playground Installer GROUP 3: Protective Coating, Pavement Sealing 616 CC 02-04-2025 616 of 985 Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 18 ---------------------------------------------------------------- PLAS0300-001 07/01/2018 Rates Fringes PLASTERER AREA 188: Fresno........... $ 32.70 31.68 AREA 224: San Benito, Santa Clara, Santa Cruz.... $ 32.88 31.68 AREA 295: Calaveras & San Joaquin Counties... $ 32.70 31.68 AREA 337: Monterey County.. $ 32.88 31.68 AREA 429: Mariposa, Merced, Stanislaus, Tuolumne Counties........... $ 32.70 31.68 ---------------------------------------------------------------- PLAS0300-005 07/01/2016 Rates Fringes CEMENT MASON/CONCRETE FINISHER... $ 32.15 23.27 ---------------------------------------------------------------- PLUM0355-004 07/01/2024 ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, STANISLAUS, AND TUOLUMNE COUNTIES: Rates Fringes Underground Utility Worker /Landscape Fitter...........$ 34.51 18.30 ---------------------------------------------------------------- PLUM0393-001 07/01/2021 SAN BENITO AND SANTA CLARA COUNTIES Rates Fringes PLUMBER/PIPEFITTER...............$ 68.76 46.63 ---------------------------------------------------------------- ROOF0095-002 08/01/2023 MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES: Rates Fringes ROOFER Bitumastic, Enameler, Coal Tar, Pitch and Mastic worker......................$ 57.17 21.51 Journeyman..................$ 53.17 21.51 Kettle person (2 kettles)...$ 55.17 21.51 ---------------------------------------------------------------- SFCA0483-001 08/01/2024 ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES: Rates Fringes SPRINKLER FITTER (FIRE)..........$ 79.13 38.51 ---------------------------------------------------------------- 617 CC 02-04-2025 617 of 985 Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 19 SHEE0104-001 07/01/2020 AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO, SANTA CLARA AREA 2: MONTEREY & SAN BENITO AREA 3: SANTA CRUZ SHEET METAL WORKER Rates Fringes AREA 1: Mechanical Contracts under $200,000............. $ 55.92 45.29 All Other Work............. $ 64.06 46.83 AREA 2...................... $ 52.90 36.44 AREA 3..................... . $ 55.16 34.18 ---------------------------------------------------------------- SHEE0104-015 07/01/2020 ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES: Rates Fringes SHEET METAL WORKER (Metal Decking and Siding only) $ 44.45 35.55 ---------------------------------------------------------------- TEAM0094-001 07/01/2024 Truck drivers: Rates Fringes GROUP 1..................... $ 41.54 33.25 GROUP 2..................... $ 41.84 33.25 GROUP 3..................... $ 42.14 33.25 GROUP 4..................... $ 42.49 33.25 GROUP 5..................... $ 42.84 33.25 FOOTNOTES: Articulated dump truck; Bulk cement spreader (with or without auger); Dumpcrete truck; Skid truck (debris box); Dry pre-batch concrete mix trucks; Dumpster or similar type; Slurry truck: Use dump truck yardage rate. Heater planer; Asphalt burner; Scarifier burner; Industrial lift truck (mechanical tailgate); Utility and clean-up truck: Use appropriate rate for the power unit or the equipment utilized. TRUCK DRIVER CLASSIFICATIONS GROUP 1: Dump trucks, under 6 yds.; Single unit flat rack (2- axle unit); Nipper truck (when flat rack truck is used appropriate flat rack shall apply); Concrete pump truck (when flat rack truck is used appropriate flat rack shall apply); Concrete pump machine; Fork lift and lift jitneys; Fuel and/or grease truck driver or fuel person; Snow buggy; Steam cleaning; Bus or personhaul driver; Escort or pilot car driver; Pickup truck; Teamster oiler/greaser and/or serviceperson; Hook tender (including loading and unloading); Team driver; Tool room attendant (refineries) GROUP 2: Dump trucks, 6 yds. and under 8 yds.; Transit mixers, through 10 yds.; Water trucks, under 7,000 gals.; Jetting trucks, under 7,000 gals.; Single-unit flat rack (3-axle unit); Highbed heavy duty transport; Scissor truck; Rubber-tired muck car (not self-loaded); Rubber-tired truck jumbo; Winch truck and ""A"" frame drivers; Combination winch truck with hoist; Road oil truck or bootperson; Buggymobile; Ross, Hyster and similar straddle carriers; Small rubber-tired tractor 618 CC 02-04-2025 618 of 985 Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 20 GROUP 3: Dump trucks, 8 yds. and including 24 yds.; Transit mixers, over 10 yds.; Water trucks, 7,000 gals. and over; Jetting trucks, 7,000 gals. and over; Vacuum trucks under 7500 gals. Trucks towing tilt bed or flat bed pull trailers; Lowbed heavy duty transport; Heavy duty transport tiller person; Self- propelled street sweeper with self-contained refuse bin; Boom truck - hydro-lift or Swedish type extension or retracting crane; P.B. or similar type self-loading truck; Tire repairperson; Combination bootperson and road oiler; Dry distribution truck (A bootperson when employed on such equipment, shall receive the rate specified for the classification of road oil trucks or bootperson); Ammonia nitrate distributor, driver and mixer; Snow Go and/or plow GROUP 4: Dump trucks, over 25 yds. and under 65 yds.; Water pulls - DW 10's, 20's, 21's and other similar equipment when pulling Aqua/pak or water tank trailers; Helicopter pilots (when transporting men and materials); Lowbedk Heavy Duty Transport up to including 7 axles; DW10's, 20's, 21's and other similar Cat type, Terra Cobra, LeTourneau Pulls, Tournorocker, Euclid and similar type equipment when pulling fuel and/or grease tank trailers or other miscellaneous trailers; Vacuum Trucks 7500 gals and over and truck repairman GROUP 5: Dump trucks, 65 yds. and over; Holland hauler; Low bed Heavy Duty Transport over 7 axles ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.75) or 13658 ($13.30). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). ---------------------------------------------------------------- The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate. Union Rate Identifiers 619 CC 02-04-2025 619 of 985 Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 21 A four-letter identifier beginning with characters other than ""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate. Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification. Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE: UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio.The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate. A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based. Survey Rate Identifiers The ""SU"" identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier. ?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1). State Adopted Rate Identifiers The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. ----------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1) Has there been an initial decision in the matter? This can be: a) a survey underlying a wage determination b) an existing published wage determination 620 CC 02-04-2025 620 of 985 Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 22 c) an initial WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to: Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations. Requests can be submitted via email to BCWD-Office@dol.gov or by mail to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210. ================================================================ END OF APPENDIX A 621 CC 02-04-2025 621 of 985 Attachment B PM, CM and Inspection Services for City of Cupertino Photovoltaics Project Page 1 of 14 PROFESSIONAL SERVICES AGREEMENT 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and 4Leaf, Inc. (“Contractor”), a Corporation for Project Management, Construction Management and Inspection services for the Capital Improvement Programs (CIP) Photovoltaic (PV) Systems Design and Installation Project (Project), and is effective on the last date signed below (“Effective Date”). 2. SERVICES 2.1 Basic Services. Contractor agrees to provide the Basic Services for the Project, which are set forth in detail in the Scope of Services, attached here and incorporated as Exhibit A, and as further specified in Contractor’s written Proposal as approved by City, except for any provision in the Proposal which conflicts or is inconsistent with this Agreement and the Exhibits hereto, or as otherwise expressly rejected by City. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 2.2 Additional Services. City may request at any time during the Contract Time that Contractor provide additional services for the Project, which are not already encompassed, expressly or implicitly, in the Agreement, the Scope of Services, or the Proposal (“Additional Services”). Additional Services must be authorized in writing by City and Contractor will not be paid for unauthorized Additional Services rendered. Additional Services are subject to all the provisions applicable to Basic Services, except and only to the extent otherwise specified by City in writing. All references to “Services” in the Agreement include Basic Services and Additional Services, unless otherwise stated in writing. The Services may be divided into separate sequential tasks, as further specified in this Agreement, the Scope of Services, and Contractor’s Proposal. 2.3 Contractor’s duties and services under this agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement. 3. TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on December 31, 2026 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the Effective Date and shall be completed by December 31, 2026. The City’s appropriate department 13 622 CC 02-04-2025 622 of 985 Attachment B PM, CM and Inspection Services for City of Cupertino Photovoltaics Project Page 2 of 14 head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Basic Services and Additional Services, if approved, a cumulative total amount that will be capped so as not to exceed $225,000.00 (“Contract Price”), as specified in Exhibit C, Compensation, attached and incorporated here. The Contract Price includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted in excess of the Contract Price. 4.2 Basic Services. City will pay Contractor $180,043.00 (“Lump Sum Price”) for the complete and satisfactory performance of the Basic Services in accordance with Exhibit A and Exhibit C. The Lump Sum Price is inclusive of all time and expenses, including, but not limited to, subcontractor’s costs, materials, supplies, equipment, travel, taxes, overhead, and profit. If the Basic Services are not fully completed, Contractor will be compensated a percentage of the Lump Sum Price proportionate to the percentage of Basic Services that were completed to City’s reasonable satisfaction 4.3 Additional Services. City has the discretion, but not the obligation, to authorize Additional Services up to an amount not to exceed $44,957.00. Additional Services provided to City’s reasonable satisfaction will be compensated on a lump sum basis or based on time and expenses, in accordance will the Hourly Rates and Reimbursable Expenses Schedules included in Exhibit C. If paid on an hourly basis, Contractor will be compensated for actual costs only of normal business expenses and overhead, with no markup or surcharge (“Reimbursable Expenses”). Contractor will not be entitled to reimbursement for copying, printing, faxes, telephone charges, employee overtime, or travel to City offices or to the Project site 4.4 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City. 5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional 13 623 CC 02-04-2025 623 of 985 Attachment B PM, CM and Inspection Services for City of Cupertino Photovoltaics Project Page 3 of 14 manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and actual attorney’s fees incurred by City in connection with the above. 6. PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising 13 624 CC 02-04-2025 624 of 985 Attachment B PM, CM and Inspection Services for City of Cupertino Photovoltaics Project Page 4 of 14 out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City’s written approval. 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a) The original Services for which Contractor was hired; (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other City projects. 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. 8. RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment. Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided. 9. ASSIGNMENT Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and 13 625 CC 02-04-2025 625 of 985 Attachment B PM, CM and Inspection Services for City of Cupertino Photovoltaics Project Page 5 of 14 newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City’s confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement. 11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothingin the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4. Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order, or other transaction. 11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6. This Section 11 shall survive termination of the Agreement. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision 13 626 CC 02-04-2025 626 of 985 Attachment B PM, CM and Inspection Services for City of Cupertino Photovoltaics Project Page 6 of 14 may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns Susan Michael as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns as its single Representative for all purposes under this 13 627 CC 02-04-2025 627 of 985 Attachment B PM, CM and Inspection Services for City of Cupertino Photovoltaics Project Page 7 of 14 Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. 13 628 CC 02-04-2025 628 of 985 Attachment B PM, CM and Inspection Services for City of Cupertino Photovoltaics Project Page 8 of 14 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. 23. HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement. 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. 25. SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino Department of Public Works 10300 Torre Avenue Cupertino, CA 95014 Attention: Susan Michael Email: susanm@cupertino.gov To Contractor: Attention: Email: 27. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. 13 629 CC 02-04-2025 629 of 985 Attachment B PM, CM and Inspection Services for City of Cupertino Photovoltaics Project Page 9 of 14 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO CONTRACTOR A Municipal Corporation By By Name Name Title Title Date Date APPROVED AS TO FORM: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk DATE: 13 630 CC 02-04-2025 630 of 985 Attachment B PM, CM and Inspection Services for City of Cupertino Photovoltaics Project Page 10 of 14 SCOPE OF WORK The City will contract with a Consultant that to provide project management, construction management, inspection, and material testing services during design and construction of the Project. The City is seeking Consultants with engineering, project management, construction management, inspection, and material testing experience with projects of similar scopes. A. Project Description:  Project Name: Photovoltaic Systems Design and Installation Project  City Project No.: 2025-02  Estimated Construction Contract Cost: $ 4,800,000  Estimated Working Days: 400  Anticipated Start of Work: February 2025 Background Information: The Net Energy Metering (“NEM”) program is administered by the California Public Utilities Commission and provides credits to a building’s utility bill for producing excess on-site clean energy over a 20-year period. In 2023 PG&E announced a new NEM3 rate that signified a decrease for electricity generated by photovoltaic (“PV”) systems but provided a window to allow grandfathering the more economically attractive NEM 2.0 rates if interconnection applications were successfully submitted and corresponding systems operational by 2026. NEM 2.0 Interconnection Applications were successfully submitted to PG&E for five Cupertino facilities. This Project aims to design and build PV systems at three of these five locations: Community Hall, Quinlan Community Center, and Cupertino Sports Center. NEM 2.0 projects must be completed by April 15, 2026 to receive the incentive. Otherwise, the NEM 3.0 program, that offers reduced incentives/savings, would need to be pursued. NEM 2.0 provides 75 - 80% greater compensation than NEM 3 rates for electricity that is fed back into the electrical system. The savings in utility costs are projected to be approximately $500,000 annually, and $26.5 million over a 30yr lifespan. This Capital Improvement Programs (CIP) project was approved by the Cupertino City Council (Council) as part of the Fiscal Year (FY) 24-25 annual budget at an overall budget of $ 6.3 million. This includes all project costs from initiation to completion. The City is in the process of evaluation statements of qualification (SOQs) from Design Build Entities (DBEs). Proposers can review the documentation provided as part of that RFP process to gain a better understanding of the project scope and existing conditions. The RFP and Addendums are Attachment E. The Bridging Documents are a part of Attachment E. The project qualifies for the direct pay program of the Inflation Reduction Act (IRA). This requires application Exhibit A 13 631 CC 02-04-2025 631 of 985 Attachment B PM, CM and Inspection Services for City of Cupertino Photovoltaics Project Page 11 of 14 and submittal of documentation at the project’s completion. The DBE will be an active participant in the application process. A similar goal for the project is to qualify for the “Build America Buy America Act” discount for domestic content procurement at the end of the project [which will have specific accounting requirements]. The Consultant shall have a suitable file sharing method for the City to obtain documentation real time. B. Project Team The Consultant is responsible for providing a team of qualified personnel to deliver the Project on schedule, per specifications, and within budget. The Consultant shall provide all necessary key personnel for the project, including a Project Manager[s], and Construction Inspector[s], (the Team) along with all other supporting staff necessary to provide for the administration of this project. The Consultant key personnel identified in the proposal may not be substituted during the course of the project without written approval of the City. The City requires that the Consultant’s proposal includes quality assurance Material Testing services to ensure the projects complies with the City’s Quality Assurance Program as shown in Attachment D. Specifically, all sampling and testing personnel shall have proper certifications, all laboratories shall have proper qualifications, and all equipment is verified to be calibrated. Firm Experience: The ideal firm would provide a Team that has the experience to fulfill the City’s needs and administer the project per project plans, specifications, and budget as well as complying with project delivery requirements appropriate for federally-funded projects. 1. Project Manager The Project Manager must at a minimum meet the desired qualifications and experience as described below: · Is a California registered professional civil engineer or directly reports to a professional civil engineer · Has over 6 years of experience with project management/construction management of projects that includes oversight of similar design and construction projects · Communicates on a regular basis with [client] on project status · Supervises assigned personnel · Makes recommendations to City staff for change orders and time extensions · Manages project budget · Provides expert assistance on construction matters for design and construction · Conducts weekly construction meetings · Proficient in writing reports, memos, letters, and contract documentation · The ability to foresee, anticipate, plan, coordinate and execute the scheduling of critical path project activities well in advance of actual construction · Familiarity with the requirements of federally-funded project processes and documentation. 13 632 CC 02-04-2025 632 of 985 Attachment B PM, CM and Inspection Services for City of Cupertino Photovoltaics Project Page 12 of 14 2. Construction Inspector The Construction Inspector(s) (CI) must at the minimum meet the desired qualifications and experience as described below: · Has over 4 years of experience with construction inspection of projects that include oversight of similar construction projects · Proficient in writing reports, memos, letters, and contract documentation · The ability to accept direction from City staff in a positive and open manner · Can provide firm and clear directions to contractors · Can communicate well with members of the public when required. C. Services to be Provided: Listed below are tasks that proposers are expected to incorporate into the proposed scope of services. Each consultant or consultant team should, based on their expertise, develop a comprehensive and detailed scope of services necessary to complete the project. The proposer may propose modifications to the individual tasks or the entire scope of services if the proposer can demonstrate innovative, advanced, and well-considered methodologies that the City may not have specifically identified in the scope of services. Any proposed modifications shall be identified as optional items and prices out separately. Task 1 – Design Phase Project Management 1A. Project Management: · Design Phase weekly meeting attendance · Constructability review of schematic design proposals (50% progress) and design development proposals (85%), including cost analysis · 100% construction documentation constructability review, including cost analysis. · Permit application support · Budget and Schedule reviews · Progress Payments to DBE 1B. Procurement Review and Analysis Tast 2 – Construction Phase Project Management 2A. Pre-Construction: pre-construction meeting, pre-construction jobsite documentation, and project setup 2B. Project Management: · Submittals, Impacts and Schedule Analysis · Change Order Management · Progress Payments · Contract Claims Review and Support · Project Closeout and Record Drawings 2C. Construction Inspection: · Storm Water Pollution Prevention 13 633 CC 02-04-2025 633 of 985 Attachment B PM, CM and Inspection Services for City of Cupertino Photovoltaics Project Page 13 of 14 · Daily Field Inspection and Documentation · Special Inspections · Material Testing 13 634 CC 02-04-2025 634 of 985 PROPOSAL TO PROVIDE PM AND CM SERVICES FOR CIP PHOTOVOLTAICS PROJECTS JANUARY 27, 2025 SECTIONS D: PROJECT WORK PLAN AND APPROACH PAGE 1 OF 7 SECTION D: PROJECT WORK PLAN AND APPROACH 4LEAF is proposing to provide PM and CM Services for the CIP Photovoltaic Systems Design and Installation Project. Our approach to providing PM and CM Services will be to develop and maintain a collaborative approach with the City; the DBE; various utility providers, project stakeholders, and the Public. DESIGN PHASE The general, anticipated tasks that will be performed in support of these services will include the following. • Meet with City staff to discuss each of the three photovoltaic projects scopes, funding source(s), schedules, budgets, various project stakeholders including various City departments, the Design-Build Entity, 3rd-party utility providers, and nearby businesses and/or residents. • Prepare information for City Staff Reports and attend City Council or Planning Commission meetings as requested by the City’s CIP Manager. • Manage the design phase activities including:  Hold regularly scheduled meetings with the City and the DBE to ensure the projects remain on schedule and budget.  Identify any long-lead-time items (e.g. environmental permits or biological/cultural resource surveys, encroachment permits, utility conflicts, material procurement, etc.).  Assist the DBE with permit applications as needed.  Manage the DBE for performing any pre-design activities (e.g. geotechnical investigations, potholing, identifying potential utility conflicts, and evaluating potential impacts and resolutions for impacts to reduced parking spaces during construction).  Manage and maintain communication between the various project stakeholders and manage the DBE through the development of various iterations of the plans, project manual, and cost estimate packages.  Review and process the DBE’s progress payments and recommend for payment to the City during the design phase. Routinely review the project budget and schedule with the DBE to ensure milestones are met. • Manage the process for preparing and submitting Federal funding applications for elective pay under the Inflation Reduction Act and Build America Buy America Act provisions. PRE-CONSTRUCTION PHASE The pre-construction phase of the project will include the following key tasks. Perform Pre-Construction Project Site Condition Inspection Using digital and/or video cameras, 4LEAF’s staff will record the existing conditions of the three project sites and area(s) of new construction before the contractor starts work, during construction, and then again at the completion of construction activities. This documentation will be a useful tool in identifying and/or assigning ownership of any damage to existing City or privately owned facilities once work begins. If it isn’t already a contract requirement, we recommend that the Design-Build Entity performs the same documentation to adequately protect the City and themselves from outside influences on the areas where they will be performing their work. Exhibit A, B & C 635 CC 02-04-2025 635 of 985 PROPOSAL TO PROVIDE PM AND CM SERVICES FOR CIP PHOTOVOLTAICS PROJECTS JANUARY 27, 2025 SECTIONS D: PROJECT WORK PLAN AND APPROACH PAGE 2 OF 7 Project Files 4LEAF will utilize the City’s cloud-based CIP PM application and Share Point for recording, logging, storing, and retrieving information pertaining to all technical, financial, and administrative aspects of the Project. 4LEAF has utilized the City’s CIP PM application on numerous City projects. Pre-Construction Meeting The 4LEAF team will conduct a pre-construction conference with the project team including City staff, the DBE and subcontractors, and other interested parties. Some of the topics to be discussed at the pre-construction conference will include: • Performing introductions and identifying roles/responsibilities. • Discussing lines of communication and authority for City, DBE, and various project stakeholders. • Identifying the status of notifications made to underground utilities and protocols for submitting notices to Underground Service Alert (USA). • Coordinating with any other nearby projects under construction to the three project areas. • Establish a collaborative role for every on-site worker to maintain the public’s safety. • Identifying construction phasing, scheduling, and staging information including where the Design-Build Entity may stage equipment and materials during the three projects. • Discussing material inspection requirements and coordination. • Discussing cooperation with the public, minimizing impacts to available parking spaces in areas impacted by the construction activities, allowable work hours and procedures for public work notices, and any signage that will need to be installed in the construction areas. • Discussing the DBE’s Baseline Schedule. • Discussing required DBE submittals. • Discussing procedures for submitting and approving the DBE’s pay requests and anticipated dates pay requests. • Discussing the process for submitting RFIs, change orders, submittals, etc. • Discuss mobilization and any additional issues that need to be resolved before work commences. CONSTRUCTION PHASE 4LEAF’s proposed PM/CM/Inspector will perform on-site inspections to check the quality and quantity of the work performed by the DBE and guard the City against defects and deficiencies in the work by the DBE. As necessary, we will inspect construction means, methods, techniques, and sequences to evaluate the DBE’s compliance with the intent of the construction documents and recommend necessary remedial action as required. Progress Meetings 4LEAF will schedule, prepare agendas for, chair, and provide minutes for all meetings including the weekly progress meetings, periodic meetings with the City, as well as any additional stakeholder meetings that may be necessary to successfully complete the project. The weekly progress meeting will be used to review the DBE’s 3-week look ahead schedules (highlighting critical project activities, operations, and necessary coordination), open issues, status of submittals and open RFIs, deficient work, stormwater and erosion control concerns, and safety concerns. Review DBE Submittals The contractor will be required to prepare detailed submittal items (such as emergency contacts, phased traffic control plans for parking areas that will not be available during construction, baseline schedule, Erosion Control Plan (ECP), etc.). As a design-build project, the DBE will prepare all technical submittals identified in the bridging documents prior to submitting to our Construction Manager. 4LEAF’s Construction Manager will review the 636 CC 02-04-2025 636 of 985 PROPOSAL TO PROVIDE PM AND CM SERVICES FOR CIP PHOTOVOLTAICS PROJECTS JANUARY 27, 2025 SECTIONS D: PROJECT WORK PLAN AND APPROACH PAGE 3 OF 7 submittals for completeness and ensure that each component meets the design intent of the bridging documents. Our Construction Manager will also review the technical submittals to ensure they meet the City’s standards (e.g. concrete mix designs). For non-technical submittals (such as traffic control plans, construction phase plans, etc.) our Construction Manager will review the submittals and either respond directly to the DBE or provide our insight to the City’s CIP Project Manager for their concurrence with our assessment. The RFI process will be dealt with in the same manner. PM, CM, Field Inspection, and Quality Assurance 4LEAF’s on-site staff will observe and monitor the progress of the work in accordance with the plans, specifications, and contract documents and in alignment with the construction schedule; including work that affects on-site traffic control and the ECP. Progress photos will be taken, and daily inspection reports will be prepared using the report format required or requested by the City. The information on the daily reports will include but will not be limited to weather, shift hours, traffic controls that are in place (both vehicles and pedestrian), ECP control measure conditions, work activities, labor, and equipment hours, work complete, quantities, and other related information and discussions. 4LEAF’s staff will complete Weekly Statement of Working Days (WSWD) reports providing a snapshot of the project progress including contract time elapsed, weather conditions, working and non-working days counted for the week, time extensions, computation of current Estimated Completion Date, and controlling operations progress made for the week. As controlling operations are performed, 4LEAF’s staff will collect certificates of compliance, engineered fill material tags, AC and concrete batch tags, and bills of lading for materials delivered to the site. Our staff will then compare these documents to the approved submittals to ensure proper materials are being used on site. Our staff will first communicate verbally with the DBE for any items installed that do not meet the project requirements. A more formal written notice [e.g. a Non-Conformance Report (NCR)} will be submitted to the DBE if the non-compliant items are not corrected in a timely manner. Although 4LEAF’s staff will not be contracted to be the project safety officers, we would make the contractor aware of unsafe conditions we notice on the job site throughout the life of the project. 4LEAF will do a thorough review of the DBE’s monthly progress payment requests to ensure the City is only making payments for work completed each month or those items that are allowed in the DBE’s contract. The monthly measurements and calculations will come from the quantities measured and reported on the inspector's daily reports. Before the start of construction, 4LEAF and the DBE will develop a procedure that is acceptable to the City for submitting and reviewing monthly progress payments and the final payment. We will review the DBE’s schedule of values for bid items and segregate them into a form that is acceptable to the City for reimbursement. 4LEAF staff will review the DBE’s payment requests and will compare them to the quantities calculated and measured on the Quantity Data Sheets. If payment for materials on hand is allowed in this contract, we will verify the materials on the job site, or coordinate with the DBE for source verification at the time of the payment request. After 4LEAF and the DBE agree on the monthly progress payment amount, 4LEAF’s Construction Manager will prepare the final progress payment request using the form and procedure previously approved by the City (showing work completed each month, work completed to date, percentage completed for each item, and any applicable deductions to the net payment) for approval and execution by the City. Additionally, 4LEAF will provide a project progress summary in the monthly status report. This summary will include the percentage of the budget spent and the percentage of working days used. 637 CC 02-04-2025 637 of 985 PROPOSAL TO PROVIDE PM AND CM SERVICES FOR CIP PHOTOVOLTAICS PROJECTS JANUARY 27, 2025 SECTIONS D: PROJECT WORK PLAN AND APPROACH PAGE 4 OF 7 Public Outreach Although public works improvement projects will encounter standard construction issues, our experience and knowledge of how to address these types of issues place those in the manageable category and are inherent to the job. Completing the construction process alone is not enough to deliver a successful project. During construction, the project must minimize the impact to the community to gain their trust in meeting the City’s commitment to them. Construction activities will likely result in the temporary loss of highly utilized parking spaces and Public streets may experience increased contractor vehicular for deliveries of construction materials. With our experience managing the construction of these types of projects, we understand the need to communicate effectively with the public, keep them informed of planned activities and when schedules change, and address their concerns in a timely manner. Public forums and other advanced notices are a great start for the community at large; however, once construction begins it becomes more of an individual effort as the residents will be more concerned with the direct impact to them as opposed to the community in general. 4LEAF’s staff can assist the City with public outreach activities by making an initial site visit to City offices, residences, and businesses in the vicinities of the three project locations and provide them with our contact information. Although the main impacts will be to the Public using these sites, we will ensure that all nearby businesses and residences have adequate warning prior to construction. Follow-up visits will be performed once the DBE’s 3-week look-ahead schedule is provided, and we know the exact dates of when work will directly impact their locations. Individual businesses and residences need to know when they will be directly impacted and that we will listen to their concerns including that access to their residence will be maintained, traffic controls will be monitored and maintained throughout the project, construction noise will be minimized to the extent possible and only allowed during approved hours, notices and barriers outlining the areas of parking that are closed during construction will be maintained per the project’s requirements, etc. They need to know we care about their concerns and will do whatever possible to minimize the impact. Traffic Control 4LEAF’s staff will continuously monitor the contractor’s traffic and construction zone boundary control measures and ensure they are in place before the start of each workday, maintained throughout the workday, and in place at the end of each workday. This will include ensuring the contractor provides all the required notification signage for parking areas that are temporarily unavailable and the appropriate number of flagmen. Schedule Management 4LEAF’s staff will perform a detailed review of the Design-Build Entity’s baseline schedule to ensure all the controlling operation durations, critical path, and order of work follow a logical sequence to the project completion. We will then monitor the contractor’s progress throughout the project and compare it to their baseline schedule, so we can identify any deviations of the contract completion date as soon as possible; therefore, giving the contractor ample time to develop and present their plan for getting the project back on schedule. With such a critical completion date, it is vitally important that our Construction Manager works with the DBE to ensure that the final completion deadline is met. To accomplish tasks in the time frame allotted and to further ensure the success of the project, we will do the following to provide good schedule management throughout the project: 638 CC 02-04-2025 638 of 985 PROPOSAL TO PROVIDE PM AND CM SERVICES FOR CIP PHOTOVOLTAICS PROJECTS JANUARY 27, 2025 SECTIONS D: PROJECT WORK PLAN AND APPROACH PAGE 5 OF 7 • We will consistently review and monitor the project schedule to ensure the DBE is routinely updating the schedule and providing 3-week look-ahead schedules. We will request monthly critical path method (CPM) schedule updates are provided with pay applications, and track delays or accelerations based on actual construction activities. • We will continually assess critical project items to assist in determining the best use of schedule float in the DBE’s CPM schedules to avoid downtime. • We will coordinate regularly with the City regarding all construction activities and impacts to the baseline and 3-week look-ahead schedules. • We will recommend introducing various phasing options to deal with potential worst-case scenarios in scheduling for the project such as concurrent project delays, inclement weather delays, etc. • We will include “what if” meetings as the project progresses; for example, what if we accelerate a portion of construction- how would that affect the overall CPM. If schedule slippage occurs, we will immediately meet with the DBE to discuss ways to accelerate other portions of work. Another way to accommodate slippage in the schedule is to re-sequence work to make up for lost time. Labor Compliance Monitoring Our cost proposal does not include budget for detailed or in-depth labor compliance monitoring services. 4LEAF staff will provide intermittent and cursory reviews of the DBE and their subcontractor’s certified payroll information that is provided with their pay applications. As outlined in the RFP Addendum No. 4, the DBE will be responsible for their own labor compliance, but we will request the DBE provide records of certified payrolls that are submitted to the California’s Department of Industrial Relations (DIR) project portal on a monthly basis. Our labor compliance does not include an in-depth review of contractor and subcontractor certified payrolls. If more in-depth labor compliance services are requested, we can request a written cost proposal for these services from our subconsultant, Contractor Compliance & Monitoring (CCMI), and submit a revised Cost Proposal to include these services. Cost Management Progress payments received from the DBE will be reviewed, verified, and processed with recommendations for action. Payment requests, which must be returned to the DBE, will be returned with a written explanation of any deficiencies in the payment request. Other financial controls 4LEAF will provide include the following: • We will review the project budget continually, performing “what if” scenarios to better manage costs and cash flow as the project moves forward. • We will establish, implement, and maintain cost monitoring and control procedures. • We will carefully document all information related to manpower, equipment, and time for extra or force account work. • We will work with the DBE to ensure that proper documentation is maintained in order to apply for federal elective pay provisions of the Inflation Reduction Act and material credits in the Build America Buy America Act. QA Materials Testing 4LEAF will coordinate and schedule special inspections and materials testing with our team firm, CTS, for as- needed materials testing and special inspections, both on site and at off-site fabrication sites as necessary. These inspections will be conducted in accordance with the project or relevant City Standard Specifications and additional project specific QA requirements. 4LEAF will receive documentation for all tests, including retests, and observe and document the testing. We will notify the DBE immediately of any non-compliant test results and 639 CC 02-04-2025 639 of 985 PROPOSAL TO PROVIDE PM AND CM SERVICES FOR CIP PHOTOVOLTAICS PROJECTS JANUARY 27, 2025 SECTIONS D: PROJECT WORK PLAN AND APPROACH PAGE 6 OF 7 maintain test reports and logs of any verification tests performed. Contract Modifications, Extra Work, Change Orders and Claims 4LEAF will meet with the City to discuss utilizing any existing City change order tracking systems that are currently in place as well as suggest protocols for use on the project. Using the project’s contract documents or Caltrans standards, 4LEAF will provide the City with assurance that the DBE is not presenting requests for change orders that are already included in the original scope of the contract. Our Project/Construction Manager and/or Inspector will meet face-to-face with the DBE’s representative to gather more information on the nature of the potential change order. We will ensure all potential changes and extra work requests to the contract have been reviewed and evaluated for cost and time impacts and properly justify a response to the contractor. As this is a design-built project, we will apply an increased level of scrutiny to claims, specifically any design changes that could have been reasonably anticipated. 4LEAF’s Project/Construction Manager will review requests for change orders and extra work requests from the DBE for contractual and technical merit and prepare independent cost estimates and schedule analysis for the proposed work. If directed by the City, 4LEAF can negotiate change orders on behalf of the City and prepare all required documents for execution by the City and the DBE. 4LEAF’s Project/Construction Manager will keep the City informed of the cumulative cost and time impacts to the contract through a CCO log that will be updated upon execution of each change order. 4LEAF will take no action without the review and approval of the City. We pride ourselves on maintaining positive working relationships with the contractors that we work with, resulting in addressing most issues early enough to avoid potential claims. There will be times, however, when mutual agreements on issue resolution cannot be achieved. At that point, the DBE may issue a Notice of Potential Claim. If we become aware of a potential claim, 4LEAF will require the DBE to submit documentation supporting the claimed delay (including a time-impact analysis). 4LEAF’s staff will compare the DBE’s initial baseline schedule, revised schedules, actual time of work activity, the DBE’s operational efficiencies, and our daily inspection reports to determine the source and contractual responsibility for all delay claims. If the analysis results in a City-approved resolution that favors the DBE’s stance on the issue, a CCO will be recommended. If this action does not adequately resolve the potential claim, 4LEAF’s Construction Manager will generate and compile all backup data, copies of reports, and correspondence that pertain to the Notice of Potential Claim on the issue. We will include this backup data in a claim settlement report package in case the contractor goes through a claim on the unresolved issue. All such packages will be forwarded to the City with a cover letter with the facts as 4LEAF sees them and recommends actions, if any. A log of Notices of Potential Claims will be prepared and updated for discussion at regular City meetings and/or weekly progress meetings. We will work with the contractor on every unresolved issue throughout the life of the project with the goal of coming to a mutually agreeable resolution with the contractor prior to it escalating to higher levels of management. POST-CONSTRUCTION PHASE The post-construction and contract closeout phases consist of three distinct closeout elements: physical closeout, document closeout, and fiscal closeout. Physical closeout consists of a series of inspections performed to document that the work is complete to one of two levels: (1) Substantial Completion – when work, or a designated portion of the work, is sufficiently complete 640 CC 02-04-2025 640 of 985 PROPOSAL TO PROVIDE PM AND CM SERVICES FOR CIP PHOTOVOLTAICS PROJECTS JANUARY 27, 2025 SECTIONS D: PROJECT WORK PLAN AND APPROACH PAGE 7 OF 7 that the client or the public may utilize it; or (2) Final Completion – acceptance by the client that the project is completed in full. Applicable certificates will be issued at each stage of completion, and punch lists will be updated during each inspection. Document closeout is the process of assembling and transferring the required contract files from 4LEAF to the City when the contract is complete. Documents typically include project correspondence, change orders, change notices, RFIs, submittals, warranties, and claims. 4LEAF will prepare a completion report that includes all the necessary documents and provide a hard copy and electronic copy of the report to the City. 4LEAF’s staff will compare the contractor’s “as-builts” to his as-builts and will submit drawings to the designer. Fiscal closeout includes the review of contract administration (submittal log, RFI log, punch lists, etc.), accounting, and financial functions to confirm they are coordinated with physical closeout functions to ensure that no outstanding financial liability is present after the final payments/retentions are made to the contractor. 641 CC 02-04-2025 641 of 985 Cost Estimate to Perform Project Management, Construction Management, and Inspection Services for the City of Cupertino Photovoiltaic Systems Design and Installation Project January 27, 2025 Task Sub Task Task Description PI C ( 4 L E A F ) Pr o j e c t M a n a g e r / Co n s t r u c t i o n M a n a g e r (4 L E A F ) Co n s t r u c t i o n I n s p e c t o r (4 L E A F ) Pu b l i c W o r k s I n s p e c t o r Ap p r e n t i c e To t a l H o u r s P e r T a s k Co s t P e r T a s k Notes Hourly Rate $207 $175 $175 $98 See Notes (a), (b), & (c). 1 Design Phase Support Hours Hours Hours Hours 1a Prepare for and Hold Introductory Meeting w/ the City and the City-contracted DBE.2 4 0 6 $1,114 See Note (d). 1b Perform Design Project Management Tasks.2 170 0 172 $30,164 See Note (e). 1c Manage Process for Federal Funding Applications.0 80 0 80 $14,000 Task 1 Subtotal: 4254 0 258 $45,278 2 Pre-Construction Phase Hours Hours Hours Hours 2a Setup Project in City's CIP PM System.2 16 0 18 $3,214 2b Prepare for and Chair Virtual Pre-Construction Conference. 1 8 0 9 $1,607 2c Receive and Process Contractor's early Submittals, RFIs, and Misc. Correspondence.0 24 0 24 $4,200 2d Miscellaneous Tasks.0 24 0 24 $4,200 Task 2 Subtotal: 3720 75 $13,221 3 Construction Phase Hours Hours Hours Hours 3a Perform PM and CM Tasks.0 390 0 390 $68,250 See Note (f). 3b Perform As-Needed Inspections.0 0 130 130 $22,750 See Note (g). 3c Materials Testing and Special Inspections (CTS).$15,000 See Note (h). 3d Administrative Processing Fee On Subconsultants (5%).$750 Task 3 Subtotal: 0 390 130 520 $106,750 4 Project Closeout Phase Hours Hours Hours Hours 4a Update Punch List, Perform Final Inspections, Coordinate Final Inspections with City Inspectors, and Provide Conformed Set of Red-Lined Set of Drawings to DBE for Preparing As-Built Drawings. 0 30 0 30 $5,250 4b Project Closeout Tasks.0 40 0 40 $7,000 Task 4 Subtotal: 0 70 0 70 $12,250 5 Public Works Inspection Apprenticeship (if Required)Hours Hours Hours Hours Hours 5a Provide Public Works Inspection Apprentice 0 0 0 26 26 $2,544 See Notes (a) and (b). Task 5 Subtotal (Apprentice Only) 0 0 0 26 26 $2,544 TOTALS (4LEAF + Apprentice if required): 7 786 130 26 949 $180,043 Notes: (a) Assumes project will require compliance with California Prevailing Wage rate requirements under SB 854, and the Client will be required to file a PWC-100 Form to the California Department of Industrial Relations for the project. (b) Per the requirements being enforced under SB 854 and because it is assumed that a PWC-100 Form will be filed by the City to the CA DIR, 4LEAF is required to notify an authorized Apprenticeship Committee through submittal of a DAS-140 form. We are then required to make an official request to an authorized Apprenticeship Committee for an apprentice by submitting a DAS-142 form. We are not assured the apprenticeship committee will be able to provide a suitable / qualified apprentice for the project. Per the apprenticeship requirements, the hours worked by the apprentice must be in a ratio of 1:5 for apprentice to journeyman hours. Hours are included as a placeholder in the event that an apprenticeship for a public works inspector is required and dispatched by the apprenticeship committee. We have assumed the public works apprentice assigned to the project will be classified as a Period 1 Apprentice as defined by the DIR's Wage Determination dated 8/22. In the event that a higher classification apprentice is assigned to the project, we will contact the City to request a change order for this line item. (c) 4LEAF staff will be supplied with typical tools of the trade to perform their daily tasks (e.g. cell phone, laptop computer, and PPE). (h) Budgetary placeholder only. We will request a detailed cost estimate from our subconsultant, CTS, at the completion of the Design phase and the 100% plans/specs are available. (f) Budgetary Estimate only. At the time of preparation of this cost proposal, the City provided a copy of the DBE's Preliminary Construction Schedule. We have assumed a construction duration of 6 months (26 Weeks) and 15 hours/week for performing CM/PM tasks during the Construction Phase of the Project. (d) Meet to discuss each of the three photovoltaic projects scopes, funding source(s), schedules, budgets, various project stakeholders including various City departments, the Design-Build Entity, 3rd-party utility providers, and nearby businesses and/or residents.. (g) Assumes 5 hours per week at 26 weeks for Construction Inspector during the Construction Phase. (e) Assumes a Design Phase duration of 17 weeks at 10 hours per week for 4LEAF's Project Manager. 1 of 1 642 CC 02-04-2025 642 of 985 Photovoltaic Systems Design & Installation Proposed Funding $ 6,300,000 City Funding $ 6,300,000 External Funding $ 0 Funding Source, Approved Plan CR, CAP Project Category Facilities Project Type Design and Construction Location Various Dept. Priority High Origin of Request Public Works Project Description Project Justification Prioritization Projected Schedule Funding Information Operating Budget Impacts In 2023 PG&E announced a rate decrease for electricity generated by photovoltaic (PV) systems (NEM 3), but provided a window to allow grandfathering the more economically-attractive NEM 2.0 rates if interconnection applications were successfully submitted and corresponding systems operational by 2026. NEM 2.0 Interconnection Applications were successfully submitted to PG&E for five Cupertino facilities: Blackberry Farm, Civic Center, Library, Quinlan Community Center & Senior Center, and Sports Center. This project aims to design and build PV systems at all five locations. This project proposes design/build of these systems, pending design development reviews for each facility. The City must connect the proposed photovoltaic systems to the grid by 4/15/2026 in order to take advantage of the NEM 2.0 applications, which provides 75 – 80% greater compensation than NEM 3 rates for electricity that is fed back into the electrical system. The savings in utility costs are projected to be $500,000 annually, and $17.8M over a 30yr lifespan. Conceptual Design development and cost analysis: Summer 2024 Design-Build: Winter 2024 to April 2026 Installation of the PV systems is projected to save $500,000 annually in utility costs. Additional staffing will not be required for ongoing operations and maintenance. Installation of the PV systems is projected to save $500,000 annually. The use of cleaner energy sources is a CAP goal. CA Government code allows for streamlined sourcing of Energy Service Companies (ESCO) for design/build implementation to facilitate these types of projects. It is projected that this project will qualify for $1.9M in Inflation Reduction Act credits. The proposed budget will enable design and construction of the systems. Inflation Reduction Act credits projected for this project are approximately $1.9M. Staff will also pursue other grant funding opportunities. CIP FY24-25 • 5-YEAR PLAN ATTACHMENT A ATTACHMENT C 643 CC 02-04-2025 643 of 985 PUBLIC WORKS DEPARTMENT • 10300 TORRE AVENUE • CUPERTINO, CALIFORNIA 95014 REQUEST FOR PROPOSALS FROM SHORT-LISTED DESIGN-BUILD ENTITIES FOR THE CUPERTINO PHOTOVOLTAIC SYSTEMS DESIGN AND INSTALLATION PROJECT RFP Package posted: Thursday, November 14 Submittals due: Thursday, December 19, 2pm PST ELECTRONIC SUBMITTAL ONLY APPROVED BY: _______________________________________ Chad Mosley, PE, Director of Public Works & City Engineer Attachment D 644 CC 02-04-2025 644 of 985 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities Page 2 PROJECT INFORMATION LOCATION MAP City of Cupertino – Photovoltaic Systems Design and Installation project sites: 1. Blackberry Farm Recreation and Pool: 21979 San Fernando Ave, Cupertino, CA 95014 2. Quinlan Community Center: 10185 N Stelling Rd, Cupertino, CA 95014 3. Cupertino Sports Center: 21111 Stevens Creek Blvd, Cupertino, CA 95014 4. Community Hall: 10350 Torre Avenue, Cupertino, CA 95014 5. Cupertino Library: 10800 Torre Avenue, Cupertino, CA 95014 Project Numbers: Budget Unit: 420-99-274 NWS: PVAR 004 CIP project: 2025-02 Project Overview: The Project, which will be based on conceptual design and performance requirements (the “Bridging Documents”), involves the design and installation of photovoltaic systems at up to five City facilities, listed above. 645 CC 02-04-2025 645 of 985 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities Page 3 TABLE OF CONTENTS SECTION TITLE PAGE 1 BACKGROUND INFORMATION 5 2 THE PROJECT A. Scope B. Phasing and Schedule C. The Design Build Documents D. Definitions and Additional Information E. Expected Cost Range F. Labor Requirements 6 3 OVERVIEW OF REQUEST FOR PROPOSALS A. Design Build Procurement B. Best Value C. Limitations and Reservation of Rights D. Informational Meeting E. Questions or Objections F. Investigation G. Proposals 9 4 SCHEDULE 11 5 BONDS AND INSURANCE 12 6 PROPOSAL CONTENTS A. Cover Letter B. Price Proposal Form C. Schedule D. Technical Design Expertise E. Construction and Procurement Expertise F. Design Approach G. Procurement Approach H. Construction Approach I. Life Cycle Costs J. DBE Questionnaire K. Non-Collusion Declaration L. Exceptions 12 7 PROPOSAL SUBMISSION A. Submittal Instructions B. Public Records Exceptions and Responsibility C. Iran Contracting Act D. Proposer Certifications 15 8 EVALUATION OF PROPOSALS 18 646 CC 02-04-2025 646 of 985 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities Page 4 A. Evaluation Panel B. Review and Evaluation C. Evaluation Factors D. Private Meetings with Responsive Proposers E. Disclosure of Proposals 9 AWARD 21 10 PROTEST PROCEDURES 21 11 DISCLAIMERS AND RESERVATION OF RIGHTS A. Disclaimers B. Reservation of Rights 21 12 APPENDICES TO RFP A – Bridging Documents B – Authority of Bridging Documents C – Design-Build Contract Documents D – Preliminary Cost Estimates E – Reference Materials F – Price Proposal Form G – Non-Collusion Declaration H – DBE Questionnaire I – RFP Rating Sheet 22 647 CC 02-04-2025 647 of 985 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities Page 5 CITY OF CUPERTINO REQUEST FOR PROPOSALS FROM SHORT-LISTED DESIGN-BUILD ENTITIES FOR THE CUPERTINO PHOTOVOLTAIC SYSTEMS DESIGN AND INSTALLATION PROJECT The City of Cupertino (“City”) invites each of the short-listed Design-Build Entities (“DBEs”) determined from the Request for Qualifications (“RFQ”), to submit a proposal (Proposal) in response to this Request for Proposals (“RFP”) for design-build delivery of the Cupertino Photovoltaic Systems Design and Installation Project (“Project”). The short-listed DBE’s are: · Endelos Construction, LLC and Endelos Energy, Inc. with Sunlight General Capital LLC, MMPV Design Inc., and Intertie Inc. · Mesa Energy Systems, Inc. dba EMCOR Services Mesa Energy · Syserco Energy Solutions, Inc. with MMPV Design 1. BACKGROUND INFORMATION The Net Energy Metering (“NEM”) program is administered by the California Public Utilities Commission and provides credits to a building’s utility bill for producing excess on-site clean energy over a 20-year period. In 2023 PG&E announced a new NEM3 rate that signified a decrease for electricity generated by photovoltaic (“PV”) systems but provided a window to allow grandfathering the more economically attractive NEM 2.0 rates if interconnection applications were successfully submitted and corresponding systems operational by 2026. 648 CC 02-04-2025 648 of 985 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities Page 6 NEM 2.0 Interconnection Applications were successfully submitted to PG&E for five Cupertino facilities: Blackberry Farm Recreation and Pool facility, Community Hall, Cupertino Library, Quinlan Community Center, and Cupertino Sports Center. This Project aims to design and build PV systems at these five locations. NEM 2.0 projects must be completed by April 15, 2026 to receive the incentive. Otherwise, the NEM 3.0 program, that offers reduced incentives/savings, would need to be pursued. NEM 2.0 provides 75 - 80% greater compensation than NEM 3 rates for electricity that is fed back into the electrical system. The savings in utility costs are projected to be approximately $500,000 annually, and $26.5 million over a 30yr lifespan. This Capital Improvement Programs (CIP) project was approved by the Cupertino City Council (Council) as part of the Fiscal Year (FY) 24-25 annual budget to include five sites at an overall budget of $6.3 million. City staff are required to return to Council to review and obtain approval to proceed with the design and construction of each site. The project is tentatively scheduled for this review at the December 3, 2024 Council meeting. Following that meeting, an addendum will be issued for this RFP that further clarifies the sites to be included in the project, as well as the project budget. 2. THE PROJECT A. Scope. The Project, which will be based on conceptual design and performance requirements (the “Bridging Documents”), for the design and installation of photovoltaic systems at up to five City facilities: · Cupertino Library: 10800 Torre Avenue, Cupertino, CA 95014 · Community Hall: 10350 Torre Avenue, Cupertino, CA 95014 · Cupertino Sports Center: 21111 Stevens Creek Blvd, Cupertino, CA 95014 · Blackberry Farm Recreation and Pool: 21979 San Fernando Ave, Cupertino, CA 95014 · Quinlan Community Center: 10185 N Stelling Rd, Cupertino, CA 95014 Additional Scope Considerations The Project presents many challenges for the selected DBE to address, including, but not limited to, the following: · Constrained sites, impacted parking, and limited staging areas. · Congested parking lot adjacent to a number of the sites. · Continued operation of the facilities during construction, as feasible. · Protection of all existing bioretention measures and provisions to retain 649 CC 02-04-2025 649 of 985 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities Page 7 significant and/or historic existing trees. · Seasonal restrictions at various sites regarding Habitat and Stormwater protections. · Structural reinforcement of existing structures after demolition and during construction as required. · Provisions for future expansion of photovoltaic systems to incorporate battery back-up systems. · Provisions to address accessibility improvements that may be required by the California Building Code (CBC) and Cupertino Municipal Code (CMC). · Provisions to meet recently expanded CBCs and CMCs regarding electrical vehicle (EV) charging requirements and infrastructure; and · Electrical [PG&E] interconnection permit and other utility coordination. Additional Project objectives include: · Design and construction of the Project within the City’s cost estimate for the Project, as set forth in this RFP; · Design and construction of the Project within the City’s planned schedule for the Project, as set forth in this RFP – specifically having full connectivity and be fully operational prior to April 15, 2026; · Relatively low life-cycle costs for a period of 30 or more years; · Highly energy efficient and sustainable; and · Highly durable finishes. · Qualifying for (a) Inflation Reduction Act (IRA) direct payback funding and (b) “Build America Buy America Act” discount for domestic content procurement at the end of the project [which will have specific accounting requirements]. The successful DBE will be responsible for: · All permits and fees required for the design and construction, including but not limited to: Building Department permits (which include fire marshal, sanitary sewer, right-of-way and any planning reviews required), environmental permits, and utility services. · Land Surveying · Geotechnical Surveys and Reports · Utility Service connections and coordination with existing services · Specific [additional] accounting and documentation requirements typical of Federally funded projects · Other requirements further detailed in the General Conditions of the Agreement, Appendix B. 650 CC 02-04-2025 650 of 985 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities Page 8 B. Phasing and Schedule. The Project will proceed in two phases at each site, a Design Phase and a Construction Phase, each of which will be initiated with a separate Notice to Proceed. The Notice to Proceed with Construction Services will not be issued until the City has approved the construction design documents developed during the Design Phase. Completion of the Project prior to April 15, 2026 with full connectivity to electrical utility service, is a critical driving factor of this Project. Proposals shall include high-level schedules for each site to demonstrate organizational and design/construction expertise required to successful meet the deadline. C. The Design-Build Documents. The Bridging Documents and Design-Build Contract Documents are referenced collectively herein as the “Design-Build Documents.” The City will not consider requests to modify the form of the Design-Build Contract, General Conditions, or bond forms. The Project must be designed and constructed in conformance with the Design-Build Documents, and in compliance with all applicable local, state, and federal laws, regulations, rules, codes, ordinances, permits, orders, and the like enacted or imposed by or under the auspices of any governmental entity with jurisdiction over the Project or any portion of the Project (“Laws”). · The Project must be designed and built consistent with the conceptual design and program requirements included in the Bridging Documents, which are included as Appendix A hereto and incorporated herein. · Additional information regarding the scope and authority of the Bridging Documents is set forth in the document entitled, Authority of the Bridging Documents, included as Appendix B hereto and incorporated herein. · A copy of the form for the design-build contract, including the Design- Build Contract, General Conditions, Special Conditions, and required bond forms (collectively, the “Design-Build Contract Documents”), are included as Appendix C hereto and incorporated herein. D. Definitions and Additional Information. All capitalized terms that are used in this RFP that are not otherwise defined herein have the same meanings provided for those terms in Article 1 of the General Conditions. 1. Record Drawings. A copy of the record drawings for the current Library building, dated November 29, 2004, are included as Appendix 4 hereto, and provided for additional reference and background information. 2. Geotechnical Report. A copy of the geotechnical report prepared by Treadwell & Rollo dated May 29, 2002 and revised on November 4, 2002 (“Geotechnical Report”), 651 CC 02-04-2025 651 of 985 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities Page 9 is included as Appendix 5 hereto, and provided for additional reference and background information. 3. City Website. Additional information about the Project, may be found on the City’s website at: https://www.cupertino.org/our-city/departments/public-works/capital- improvement-program-projects/photovoltaic-systems-design-and- installation-project E. Expected Cost Range. The expected cost range for design and construction of the Project based on the Bridging Documents and specified scope and needs is $5,000,000-10,000,000, depending on the number of sites to be included in the final project. Preliminary cost estimates per site are included in Appendix D. F. Labor Requirements. 1. Prevailing Wage Requirements. The work on this Project will be subject to prevailing wage requirements. All contractors and subcontractors must be registered with the Department of Industrial Relations (“DIR”) to perform public construction. 2. Skilled and Trained Workforce. Pursuant to Public Contract Code section 22164(c)(1), responding DBEs will be required to provide an enforceable commitment to the City that it and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the Project that falls within an apprenticeable occupation in the building and construction trades, in accordance with Public Contract Code section 2600 et seq. 3. OVERVIEW OF REQUEST FOR PROPOSALS A. Design-Build Procurement. The City intends to use design-build procurement for the Project, pursuant to California Public Contract Code sections 22160 et seq. The City previously issued an RFQ in October 2024. This RFP invites each of the DBEs that have been short-listed by the City following the RFQ process, pursuant to Public Contract Code section 22164(b) (individually a “Proposer,” and collectively, “Proposers”), to submit a Proposal for design and construction of the Project in accordance with the requirements of this RFP and the Design-Build Documents. The City will only accept Proposals from the short-listed Proposers, as listed in the first section of this RFP, each of whom will be provided with electronic access to this RFP and the appendices hereto. 652 CC 02-04-2025 652 of 985 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities Page 10 B. “Best Value.” The Design-Build Contract for the Project will be awarded, if at all, on a “best value” basis, as determined by the City, acting in its sole discretion, and as further specified in this RFP, including the Evaluation Factors set forth in Section 8, below. By submitting a Proposal, a Proposer agrees that if it is selected as providing the “best value,” it will enter into the contract with the City based on the Design- Build Contract Documents. C. Limitations and Reservation of Rights. This RFP is not a formal request for bids nor an offer by the City to contract with a Proposer. The City reserves the right to amend this RFP by addenda, which may include, but is not limited to, changes to the Design-Build Documents or changes to the planned schedule or budget. The City reserves the right, at all times, acting in its sole discretion, to cancel, postpone or modify the Project or RFP procurement in the City’s best interest. The City reserves the right, at any time, to reject any or all Proposals in whole or in part. Each Proposer is solely responsible for the expenses it incurs to respond to this RFP, including, but not limited to, site investigation. Additional disclaimers and reservations of rights are set forth in Section 11, below. D. Informational Meeting. The short-listed Proposers are invited to participate in an informational meeting via videoconference (Zoom) with representatives of the City on December 5, 2024, at 11:00 AM for review of the Project and Proposal requirements. Proposers are encouraged to attend. The City may elect to issue an addendum to this RFP following the informational meeting. Login information for the videoconference will be provided to each of the short-listed DBEs. E. Questions or Objections. Questions regarding this RFP, the Design-Build Documents or the RFP process may only be submitted in writing via email addressed to the RFP Administrator. All questions or objections must be received by 2:00 PM on December 16, 2024, subject to amendment by addendum. Questions or objections must be specific and must reference the applicable provisions(s) in the RFP by section number. Any questions or objections that are not submitted within the time and manner specified will be deemed waived. Written responses will be provided in addenda to this RFP distributed by email to all short-listed DBEs. The City will not be bound by the oral representations of any City employees, officials, or representatives. Each Proposer is solely responsible for ensuring that it has received and reviewed each addendum before submitting its Proposal. · RFP Administrator: Susan Michael, CIP Manager, via email at: SusanM@cupertino.gov F. Investigation. Proposers are solely responsible for conducting all appropriate site 653 CC 02-04-2025 653 of 985 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities Page 11 investigation at their sole cost prior to submitting Proposals. Proposers that wish to undertake any invasive testing or wish to access the existing facilities at each must contact the City in advance to make the necessary arrangements, which may include indemnifying the City against any liability arising from such access. Each Proposer should thoroughly review the Design-Build Documents, the Project site, and any reference documents made available by the City. G. Proposals. The Proposals and attachments thereto, including design or construction ideas and concepts, will become the property of the City upon submission and City reserves the right to incorporate any such ideas and concepts in the final construction documents for the Project. 4. SCHEDULE The following procurement and Project schedule is provided for general planning, including tentative dates based on currently available information. All dates and durations are subject to revision as the procurement process and Project proceed. ACTIVITY DATE and TIME RFP distributed to shortlisted DBEs Thursday, November 14 2024 Informational Meeting Thursday, December 5, 2024, 11AM PST Deadline for RFP questions/objections Monday, December 16, 2024, 2PM PST Proposal Submittal Deadline Thursday, December 19, 2024, 2PM PST Preliminary Review of Proposals by Evaluation Panel December 20 – 30, 2024 Private Presentation of Responsive Proposals January 3, 2025 Private Discussions and/or Negotiations (City option) January 4-10, 2025 Notice of Intent to Award issued January 10, 2025 Selected Proposer executes Contract City Council award of Design-Build Contract January 21, 2025 Notice to Proceed with Design Services (anticipated) January 27, 2025 The following project phases will be scheduled/anticipated by the DBE and should be included in the proposal. 654 CC 02-04-2025 654 of 985 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities Page 12 Design Development (DD) and Construction Documents (CD) Phases for each site: · DD drawings and specifications · CD drawings and specifications · Permit Applications, Reviews and Issuance [DBE] Notice to Proceed with Construction Services for each site [DBE] Construction Mobilization including submittals for each site [DBE] Construction (durations and milestones for each site) [DBE] Final Completion April 1, 2026 5. BONDS AND INSURANCE Pursuant to Public Contract Code section 22165, the DBE will be required to provide a payment bond and a performance bond, each in the amount of 100% of the Construction Services cost. Bond requirements are further specified in Article 4 of the General Conditions, and Appendix B of that document. The DBE must use the bond forms provided with the Design-Build Contract Documents. The DBE or its Design Professional(s) will also be required to provide professional liability (errors and omissions) insurance for the Design Services for the Project as further specified in the Design-Build Contract Documents 6. PROPOSAL CONTENTS Each Proposal must be submitted in compliance with the requirements of this RFP. The City may, acting in its sole discretion, elect to reject any Proposal that it determines to be non-responsive. The City also reserves the right, but not the obligation, to waive any immaterial irregularities. Each Proposal is limited to forty (40) pages. Clarity and brevity are preferable to volume. Each Proposal must contain the following, organized as Parts A through L, with no additional material (e.g., generic marketing brochures) requested. A. Cover Letter. Part A of the Proposal must be a cover letter containing a summary of the Proposal, and binding confirmation that the Proposer certifies and agrees to the terms and conditions set forth in this RFP, including, but not limited to, the certifications set forth in subsection 7.D. below. The cover letter, as well as each of the separate forms that must be executed and included with the Proposal, as further 655 CC 02-04-2025 655 of 985 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities Page 13 specified below, must be executed by an individual or individuals from the DBE who are authorized to bind the DBE to the terms of the Proposal, and the individual(s) signing on behalf of the DBE must be clearly identified by name and title. If the Proposer, or DBE, is a corporation, signatures from two officers of the corporation are required as further specified in California Corporation Code section 313. B. Price Proposal Form. Part B must include the completed and executed Price Proposal Form, which is included as Appendix F hereto. Complete and execute the Price Proposal Form as indicated. C. Schedule. Part C must include a realistic and achievable proposed schedule for design (including design review by the City and Fire Marshal), permitting, and construction of the Project, including the proposed schedule for issuance of occupancy permits. The schedule should be accompanied by a summary narrative that explains the Proposer's approach to timely delivery of the Project. The schedule must take into consideration anticipated weather days; time for City review of submittals (including time for resubmission) during the Design Phase and the Construction Phase; lead times for ordering materials and equipment; and the planned date for Final Completion (as defined in Article 1 of the General Conditions in the Design-Build Contract Documents) by the date specified in Section 4, above. Identify any recommendations to ensure timely or early completion of the Project, if any, including any changes to sequencing or durations reflected in the planned schedule provided in Section 4, above. Identify any variations from the City’s planned schedule provided in Section 4, above. D. Technical Design Expertise. Part D must provide information regarding the technical design expertise of the Proposer and members of the Proposer’s Design-Build Team as it relates to this Project, including, but not limited to, the Design Professional(s) and their subconsultants. Describe the expertise of each member of the DBE Team providing Design Services and their role on this Project. Include an organizational chart identifying each member’s relationship within the project. If there are any proposed changes to the DBE Team members and/or key personnel identified in the SOQ submittal, those shall be highlighted. Note: The City reserves the right to reject any proposed substitutions of team members, subcontractors, or key personnel which were listed in the SOQ, including the right to disqualify any short-listed Proposer for material changes to its SOQ in this regard which are unacceptable to the City. E. Construction and Procurement Expertise. Part E must provide information 656 CC 02-04-2025 656 of 985 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities Page 14 regarding the construction expertise of the Proposer and members of the Proposer’s Design-Build Team as it relates to this Project, including, but not limited to, the general contractor; the electrical, mechanical, and photovoltaic subcontractors; and any other subcontractors that the Proposer intends to use for the Project. Describe the expertise of each member of the DBE Team providing Construction Services and their role on this Project. Include an organizational chart identifying each member’s relationship within the project. If there are any proposed changes to the DBE Team members and/or key personnel identified in the SOQ submittal, those shall be highlighted. Note: The City reserves the right to reject any proposed substitutions of team members, subcontractors, or key personnel which were listed in the SOQ, including the right to disqualify any short-listed Proposer for material changes to its SOQ in this regard which are unacceptable to the City. F. Design Approach. Part F must describe the Proposer’s planned approach to design of the Project, consistent with the Bridging Documents. 1. Summarize the proposed design approach, attaching preliminary design documents depicting the overall design concept in a form the best conveys Proposer’s design ideas (e.g. diagrams, site plans, elevations or sections, details, site improvements, landscaping, mechanical, electrical, and/or concept material). 2. Describe how the design approach will implement the program requirements and performance criteria set forth in the Bridging Documents. 3. Describe how the design approach will exceed the program requirements and performance criteria set forth in the Bridging Documents, including, but not limited to, approaches to reducing annual operating costs and any value-added enhancements, including, but not limited to, green building strategies. 4. Describe any proposed value engineering modifications to the Bridging Documents that are recommended for construction cost savings, operation costs and efficiency, energy savings, or improving life-cycle costs. G. Procurement Approach. Part G must describe the Proposer’s approach to procure materials, assemblies, specialty equipment and supplies, etc. in compliance with the Design-Build Documents, the planned schedule, and applicable Laws. Include a work plan that generally provides a viable strategy for cost efficient, compliant and timely delivery of the goods. H. Construction Approach. Part H must describe the Proposer’s approach to ensuring safe, on-time and efficient construction in compliance with the Design-Build 657 CC 02-04-2025 657 of 985 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities Page 15 Documents, the planned schedule, and applicable Laws. Include a work plan that generally addresses, at a minimum, the following elements: the overall management plan; integration and coordination of design and construction; packaging and phasing, if any; preliminary construction logistics plan, shown in progressive phases; and measures to mitigate unforeseen conditions. Note: A fully detailed construction approach beyond this general response will be required for the selected DBE for inclusion in the DB contract. I. Life-Cycle Costs. Part I must describe the anticipated life-cycle costs of the proposed design over 30 years or more, with a life-cycle cost analysis ("LCCA") to address anticipated maintenance, service, utilities, and system/component replacement costs for the following: energy systems, mechanical systems, electrical systems, structural systems, building envelope, and site improvements. J. DBE Questionnaire. Part J must include the completed and signed DBE Questionnaire, which is included in Appendix H hereto. K. Non-Collusion Declaration. Part K must include the completed and executed Non- Collusion Declaration, which is included in Appendix G hereto. Complete and execute the Non-Collusion Declaration as indicated. L. Exceptions. Part L must specifically identify and explain any exceptions, if any, to the Bridging Documents. State if no exceptions are taken. Note: The City reserves the right to reject any exceptions that the City determines are not in the City’s best interest or to reject a Proposal as non-responsive based on exceptions that are unacceptable to the City as inconsistent with the Project objectives as set forth in the Bridging Documents and expressed herein. 7. PROPOSAL SUBMISSION A. Submittal Instructions. Proposals must be received by the City no later than 2:00 PM on Thursday, December 19, 2024 (“Proposal Submittal Deadline”). Each responding DBE must send an electronic copy (PDF copy) of its proposal via email to the RFP Administrator. Please allow sufficient time for receipt of your emailed proposal by the stated deadline. Paper copies will not be accepted. Late submittals will be disregarded. B. Public Records Exceptions and Responsibility. Pursuant to Public Contract Code section 22164(b)(4)(B), all information required for inclusion in the proposal 658 CC 02-04-2025 658 of 985 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities Page 16 pursuant to subdivision (b) of Public Contract Code section 22164 that is not otherwise a public record under the California Public Records Act (Govt. Code section 6250) (the “CPRA”), will not be open to public inspection. If a Proposer believes that any portion(s) of its proposal are exempt from disclosure under the CPRA, it is the Proposer’s responsibility to (1) identify the portion(s) that it believes to be exempt from disclosure, clearly and with specificity; (2) for each such portion, identify the applicable exemption in the CPRA; and (3) clearly state the factual basis for applying the exemption as specified. By submitting a proposal, Proposer agrees that it is Proposer’s sole responsibility to respond to any legal challenge for disclosure of its proposal in whole or in part, and Proposer agrees that it will indemnify, defend, and hold City harmless against any such CPRA challenge with respect to the contents of its proposal. C. Iran Contracting Act. By submitting a proposal, DBE certifies it is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203, under the Iran Contracting Act of 2010. D. Proposer Certifications. By submitting a Proposal, each Proposer further certifies and agrees to each of the following: 1. Statements and Representations. DBE certifies that all statements and representations made in its Proposal, or incorporated by reference, are true, correct, and materially complete. 2. Proposal. DBE agrees that its Proposal will remain valid for at least 90 days following the Proposal Submittal Deadline. 3. Design Standards. Except as expressly and clearly specified in its Proposal, DBE certifies that its proposed design will meet or exceed the minimum standards and performance criteria set forth in the Bridging Documents. 4. Planned Project Schedule. DBE certifies its ability and intent to meet the Project schedule submitted with its Proposal, consistent with the scheduling requirements and milestones set forth in the Design-Build Documents. 5. Qualifications. DBE certifies that all information that it submitted to the City in its SOQ remains true, complete, and correct unless otherwise expressly and 659 CC 02-04-2025 659 of 985 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities Page 17 clearly stated in its Proposal. 6. Financial Ability. DBE certifies that it is not aware of any facts that would materially impair its financial ability to perform the Services for the Project and that it has sufficient liquid assets to pay its debts as and when they fall due. 7. Design-Build Documents. DBE certifies that it fully understands and has no questions regarding any of the Bridging Documents, and if selected by the City for the Project, agrees to execute the Design-Build Contract based on the form provided with the Design-Build Contract Documents, without exceptions. 8. Licenses. DBE certifies that for the duration of the procurement process, it will possess and maintain in good standing all licenses that it is required to hold under applicable Laws in order to perform Services for the Project. 9. Conflict of Interest. DBE, including any employees of DBE, any member of the design-build team, or any other person relative to the services to be provided for the Project, certifies that it does not have a prohibited conflict of interest, as further set forth in Section 7 of the RFQ, and agrees to disclose to the City any actual, apparent, direct or indirect, or potential conflicts of interest that may exist with respect to DBE, any employees of DBE, any member of the design-build team, or any other person relative to the services to be provided for the Project, as required by Section 7 of the RFQ. 10. Non-Discrimination. DBE certifies that it will not discriminate in its hiring or employment practices because of age, sex, race, color, ancestry, national origin, religious creed, physical handicap, medical condition, marital status, or sexual orientation, in accordance with section 12940 of the California Government Code, and that it will comply with all anti-discrimination Laws, including, but not limited to, the California Fair Employment and Housing Act (Gov. Code § 12900 et seq.). 11. Immigration Reform and Control Act. DBE certifies that it is in full compliance with the provisions of the Immigration Reform and Control Act of 1986, as well as any similar provision of applicable Laws setting forth proscriptions or 660 CC 02-04-2025 660 of 985 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities Page 18 penalties relating to the employment or hiring of undocumented aliens. 8. EVALUATION OF PROPOSALS A. Evaluation Panel. The Proposals will be reviewed and evaluated by a panel including, but not limited to, City staff (“Evaluation Panel”). B. Review and Evaluation. Proposals will be reviewed based on factors set forth in subsection 8.C, below. Pursuant to Public Contract Code Section 22164(d), the City reserves the right to request Proposal revisions and to hold discussions and negotiations with responsive Proposers. The City reserves the right, but assumes no obligation, to request clarifying information from any Proposer following submission of a Proposal if it determines that further clarification is necessary to evaluate the Proposal. When the evaluation process is completed, including the private meetings referenced in subsection 8.D, below, the Proposals will be ranked based on total scores to identify the Proposal that provides the best value to the City. The Proposal with the highest score at the conclusion of the review and evaluation process will be recommended for award of the Design-Build Contract. C. Evaluation Factors. The significant factors that the City will consider in evaluating Proposals, and the approach to scoring each factor, are as follows (collectively, the “Evaluation Factors”): 1. Price (0-50 points): The price for each location and total overall price for all identified locations will be evaluated and scored. Points may be adjusted for a project that will not meet the design build delivery schedule (Section 4), is outside of the City’s cost estimate (Appendix D) and does not meet the minimum requirements, including performance criteria, set forth in this RFP and the Bridging Documents. However, the City may be willing to consider some reductions in those minimum requirements in order to achieve cost savings or similar benefits for the public. 2. Schedule (0-30 points): The Evaluation Panel will evaluate Part E of each Proposal in relation to the Project objectives. 3. Technical Design Expertise (0-15 points): The Evaluation Panel will evaluate technical design expertise set forth in Part C of the Proposal in relation to the 661 CC 02-04-2025 661 of 985 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities Page 19 Project objectives. 4. Construction and Procurement Expertise (0-25 points): The Evaluation Panel will evaluate construction expertise set forth in Part D of the Proposal in relation to the Project objectives. 5. Proposed Design Approach (0-20 points): The Evaluation Panel will evaluate Proposer’s proposed design approach for the Project as set forth in Part F of the Proposal in relation to the Project objectives, including consideration of the quality, utility, clarity, and aesthetics of the proposed design concept in relation to the Bridging Documents; the manner in which the design approach will exceed the program requirements and performance criteria set forth in the Bridging Documents; and any recommended value engineering. 6. Proposed Procurement Approach (0-10 points): The Evaluation Panel will evaluate Proposer’s approach for procurement as set forth in Part G of the Proposal in relation to the Project objectives, including “Build America Buy America” funding objectives, consideration of the scheduling of procurement for the various sites in relation to design and construction progress, strategic expertise related to potential sourcing complications, planning for appropriate review periods, and communications surrounding critical path items. 7. Proposed Construction Approach (0-15 points): The Evaluation Panel will assess the Proposer’s construction approach for the Project as outlined in Part H of the Proposal. This will include an evaluation of how the Proposer plans to ensure safe, on-time, and cost-effective construction, in compliance with the Design-Build Documents, the proposed schedule, and relevant laws. Successful coordination across multiple active construction sites will be crucial to the project’s success, requiring a wide range of experience to maintain streamlined efficiency. 8. Life-Cycle Costs Over 15 or More Years (0-5 points): The Evaluation Panel will evaluate Proposer’s LCCA submitted as Part I of the Proposal. 9. Presentation (0-25 points): The private presentation to the Evaluation Panel by each responsive Proposer, as set forth in subsection 8.D, below, will be comparatively evaluated based on each Proposer’s demonstrated understanding of the City’s objectives for the Project, the Proposer’s proposed solutions and approaches to the Project, and the Proposer’s ability to 662 CC 02-04-2025 662 of 985 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities Page 20 communicate effectively. 10. Responsiveness (0-5 points): The Evaluation Panel will evaluate each Proposal for responsiveness to this RFP, including compliance with the requirements set forth in Sections 7 and 8 of this RFP and consideration of any exceptions (or lack thereof) set forth in Part L of the Proposal. D. Private Meetings with Responsive Proposers. Following initial review of the Proposals, the highest rated Proposer(s) will be invited to participate in one or more private and confidential videoconference meetings (via Zoom) with the Evaluation Panel in accordance with the Schedule in Section 4. The purpose of these meetings will be to afford the invited Proposer(s) the opportunity to present its Proposal and to respond to any questions that members of the Evaluation Panel may have regarding the Proposal. The City anticipates that the Evaluation Panel will schedule one or more follow-up private meetings with one or more of the highest-rated Proposers for purposes of further discussion or negotiations as authorized by Public Contract Code section 22164(d)(4). Each invited Proposer is encouraged to have all key members of its Design-Build Team participate in the private meetings, including, at a minimum, the lead architect and the project manager for the general contractor. 1. Notification. The highly-rated Proposer(s) will be notified in writing when it is invited to present its Proposal to the Evaluation Panel. The written notice may specify required attendees and time limits for the presentation. 2. Confidentiality. In order to ensure that any discussions or negotiations are conducted in good faith, the presentations will be conducted privately to ensure fair competition among the invited Proposers and protection of Proposers’ work product. E. Disclosure of Proposals. Proposals will be reviewed privately to assure confidentiality and avoid disclosure of the contents to competing Proposers prior to and during the City’s review, evaluation and negotiation processes. All Proposals and materials submitted to the City in response to this RFP will remain the property of the City, with the exception of information that is not otherwise a public record under the CPRA, and will be subject to public disclosure under the CPRA when the City has concluded negotiations with the selected Proposer. 663 CC 02-04-2025 663 of 985 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities Page 21 9. AWARD The City will award the Design-Build Contract (Appendix C), if at all, to the DBE that is determined by the City Council, acting in its sole discretion, to offer the best value to the public. The City will issue a Notice of Intent to Award to the DBE whose Proposal is determined by the Evaluation Panel to offer the best value (the “Selected DBE”), before the City Council takes action to authorize award of the Design-Build Contract. City staff will provide the Selected DBE with a completed copy of the Design-Build Contract based on the Selected DBE’s Proposal and any subsequently negotiated terms or additional information requested. Within ten calendar days following issuance of the Notice of Intent to Award, the Selected DBE must submit the executed Design-Build Contract and submit all required insurance certifications and endorsements to the City. 10. PROTEST PROCEDURES A protest can only be submitted by a short-listed DBE. Any protest challenging the City’s Notice of Intent to Award to the selected DBE must be submitted no later than 5:00 PM, on the third business day following issuance of the Notice of Intent to Award. The protest must be submitted in writing via email addressed to the City’s CIP Program Manager, Susan Michael, at susanm@cupertino.gov, and must clearly specify the basis for the protest. The protest will be reviewed by the Director of Public Works in consultation with the City Attorney’s Office, and their determination on the protest is final. No public hearing will be held on the protest. Time being of the essence, the City reserves the right to proceed with the design-build procurement process notwithstanding any pending protest or legal challenge. 11. DISCLAIMERS AND RESERVATION OF RIGHTS A. Disclaimers. This RFP is not a formal request for bids nor an offer by the City to contract with a DBE responding to this RFP. Upon receipt, each Proposal becomes the sole property of the City and will not be returned to the DBE. B. Reservation of Rights. The City reserves, in its sole discretion, the right to reject any and all Proposals, and the right (but not the obligation) to waive any immaterial irregularities in a Proposal or the submission of a Proposal. The City reserves the right to amend this RFP by addenda, including, but not limited to, the Proposal Submittal Deadline. City may modify or waive any of the criteria or procedures specified in this RFP, subject to the limitations of law. The City 664 CC 02-04-2025 664 of 985 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities Page 22 reserves the right to decline to award the Design-Build Contract to any Proposer; the right to initiate a new RFQ or RFP process; the right to delay, modify, suspend or cancel the Project or the design-build procurement process at any time, including the right to switch to conventional design-bid-build delivery, all based on the City’s best interests and at the City’s sole discretion. The City reserves the right, at any time, to reject any Proposal that is determined to contain false, misleading, or materially incomplete information. The City reserves the right to eliminate a Proposer from the list of short-listed DBEs if it is determined that the qualifications of the DBE were misrepresented during the RFQ stage of the procurement process. 12. APPENDICES TO RFP The following appendices are included with this RFP: A – Bridging Documents B – Authority of Bridging Documents C – Design-Build Contract Documents D – Preliminary Cost Estimates E – Reference Materials F – Price Proposal Form G – Non-Collusion Declaration H – DBE Questionnaire I – RFP Rating Sheet 665 CC 02-04-2025 665 of 985 APPENDIX A CUPERTINO PHOTOVOLTAIC SYSTEMS DESIGN AND INSTALLATION PROJECT THE BRIDGING DOCUMENTS 666 CC 02-04-2025 666 of 985 Programming, Cost, and Funding Report Prepared for the City of Cupertino Presented by: Syserco Energy Solutions, Inc. Date Submitted: January 24, 2025 667 CC 02-04-2025 667 of 985 Table of Contents 2 Table of Contents Table of Contents.............................................................................................................................................................. 2 Executive Summary .......................................................................................................................................................... 3 Section 1 – Project Financials ........................................................................................................................................ 4 1.1 System Sizing ....................................................................................................................................................... 4 1.2 Annual Energy Savings...................................................................................................................................... 4 1.3 Budget Impact / Financing Options .............................................................................................................. 5 1.4 Portfolio Cash Flow Models............................................................................................................................. 7 Section 2 – Construction Methodology, Equipment, and Conceptual Designs .......................................... 13 2.1 Construction Methodology and Schedule ............................................................................................... 13 2.2 Project Portfolio Conceptual Designs........................................................................................................ 16 2.3 Project Equipment Lists ................................................................................................................................. 29 Section 3 – Project Specifications and Technology Evaluation ........................................................................ 31 3.1 Technical Specifications ................................................................................................................................. 31 3.2 New Technology Evaluation ......................................................................................................................... 35 3.3 Energy Storage Evaluation ............................................................................................................................ 36 668 CC 02-04-2025 668 of 985 City of Cupertino Programming, Cost, and Funding Report Executive Summary 3 Executive Summary The City of Cupertino has been working to evaluate the benefits of adding solar photovoltaic energy systems to a number of locations. The goal of this potential project is to assist in offsetting ongoing electrical utility costs at these locations to provide long term value to the city and its residents. To develop the recommended project, our experienced energy engineers, project managers, and project developers performed a detailed energy and operational audit of the City’s facilities to determine the full potential for savings. This proposal is a culmination of our audit findings, recommended systems, infrastructure enhancements, and overall cost reductions. We would like to thank the members of the City’s staff and facilities team who worked closely with the Syserco Energy Solutions team throughout this process. Without their assistance, this report would not have been possible. The project development process involved numerous site visits, interaction with City administration and facilities staff, and a detailed analysis of existing equipment and systems and current utility consumption . Studies of energy usage, operating conditions, and interviews with the City’s facility team have been valuable sources of information, contributing greatly to this effort. We have taken into consideration the input provided by staff when compiling the proposed project. The recommended project will design, furnish, and install new solar PV roof mount and carport / shade structure systems at various City sites. These new systems will offset significant electrical energy usage relative to grid-purchased electrical energy. The recommended system sizes are summarized in the table below: Recommended Project S ummary Site Name Nominal Array Size (kW DC) Nominal System Size (kW AC) Mounting Type Community Hall 49.30 50 Rooftop Quinlan Community Center / Senior Center 312.62 260 Carport / Rooftop Sports Center 214.02 172 Carport Total 575.94 482 669 CC 02-04-2025 669 of 985 City of Cupertino Programming, Cost, and Funding Report Section 1 – Project Financials 4 Section 1 – Project Financials 1.1 System Sizing The systems in the project were sized based on multiple factors to align with the city’s goals for the project. The first factor considered was available space – in concert with city staff, ideal areas on each site were identified that would not impact the usage of each site or require the removal of undue quantities of trees. With the usable locations identified on each site, energy consumption was evaluated to determine the maximum amount of energy generation that would be economically beneficial for the site. The systems were then sized within these two constraints to offset as much energy usage as possible at each location within the physical areas identified for use . Options for each site were presented to city staff for evaluation and comment, with preferred layouts selected by the city for each location. 1.2 Annual Energy Savings Annual Energy Savings for the project were modeled utilizing the industry-standard software application Energy Toolbase based on data from site-specific models that were developed in Helioscope, another industry-standard software application . This model projects the energy savings provided by the array based on the estimated energy production within each time interval, to ensure that the impacts of time - of-use (TOU) rate schedules and non -bypassable charges are accurately accounted for. The first-year energy savings depicted in the table below assume a roughly 18-month duration between the issuance of this report and system completion and incorporate an estimated annual utility escalation rate of 5% during this time period. While first -year savings are presented in the table below, it is important to note that annual energy savings are estimated to change over time. Utility rates are anticipated to continue to rise over time, and throughout the project’s life cycle the modules are expected to degrade annually . For the purposes of the estimated payback period listed below, the annual utility escalation is estimated to be 5%, and the annual PV module degradation rate is assumed to be 0.5%. Additionally, the city has submitted interconnection applications under the NEM2 tariff, which is far more lucrative than the current NEM3 tariff – this allows the systems to be locked into this NEM2 tariff for 20 years from project permission to operate, after which time they will be transitioned to the NEM3 rate tariff. Syserco Energy Solutions assisted the city in accomplishing this by applying for utility interconnection of these systems prior to the April 15th, 2023 NEM2 application deadline. It is important to note that to capture this 20 -year NEM2 eligibility, these projects must be completed by April 15 th, 2026. 670 CC 02-04-2025 670 of 985 City of Cupertino Programming, Cost, and Funding Report Section 1 – Project Financials 5 1.3 Budget Impact / Financing Options Site Name Nominal Array Size (kW DC) System Price 1 Estimated Direct Pay ITC 1 Net Price 1 First Year Energy Savings 1,2 Estimated Payback Period (Years) Community Hall 49.30 $474,178 $188,726 $285,452 $31,196 8.11 Quinlan Community Center / Senior Center 312.62 $1,888,660 $676,746 $1,211,914 $163,067 6.72 Sports Center 214.02 $1,577,043 $550,070 $1,026,973 $96,612 9.11 Total 575.94 $3,939,881 $1,415,542 $2,524,339 $290,875 7.69 1Note: All costs and savings figures presented are estimates. 2Projected first year energy savings shown in table are indicative of the avoided electric utility costs the site will experie nce, which will manifest in the form of lowered utility bills on each site. Financing Options Solar PV systems can be financed in multiple ways to alleviate construction cash flow challenges. The main financial vehicles available for the project are a cash purchase, tax -exempt lease purchase (TELP), or a power purchase agreement (PPA). A cash purch ase model is the simplest funding strategy for the project. This methodology would utilize direct funding from the city to procure the project, which would have several benefits for the city. The city would be able to monetize the direct pay credit from th e federal government (available via the Inflation Reduction Act), essentially providing a significant rebate for the project. When meeting prevailing wage and apprenticeship requirements, this direct pay credit amounts to 30% of the total PV project cost. For public entities receiving direct pay credits, there is a penalty for not meeting domestic content thresholds on the projec t, which can reduce this 30% credit by 15% for projects beginning in 2025 (i.e. reducing the 30% credit to 25.5%.) In addition to avoiding this credit reduction, utilizing domestic content on the project provides a 10 -percentage point increase on the baseline direct pay credit, which would increase the realized benefit to the city from 25.5% of PV project costs to 40% of PV project c osts when meeting domestic content requirements. To meet the domestic content requirements, all iron and steel used in the project must have all manufacturing processes taking place in the United States , and (for projects beginning in 2025,) 45% of the total costs of all manufactured products (including components) in the facility must be mined, produced, or manufactured in the United States. As a result of this, the project has been conceptually designed to utilize equipment which meets the domestic content requirement. Additionally, the city would directly receive all of the benefits provided by the system, including Renewable Energy Credits (RECs), which are the “green attributes” of the energy generated by the array which can be separately sold. Additionally, there would be no financing fees or interest costs associated with this method, which would maximize the total return on investment o f the city’s procurement of the PV system. The downsides of this procurement method are minimal. Under this method, the city would need to operate and maintain the system, or alternatively hire a company to perform these services on behalf of the city which would require an ongoing (though small) cost to the city. The city would also need to have enough available capital to directly fund the project. 671 CC 02-04-2025 671 of 985 City of Cupertino Programming, Cost, and Funding Report Section 1 – Project Financials 6 A TELP funding model utilizes a tax -exempt lease for acquiring the capital necessary for construction and paying this lease back over time. Typically, these agreements run for 15-to-20-year terms. This financing format provides the city multiple benefits – direct capital funding from the city is not required for this financing method, and the model can be structured to ensure that the lease payments are funded by the cost savings from the PV arrays. Additionally, the city can negotiate a fixed interest rate on the borrowed funds and have a predictable payment schedule over time to repay the lease. Under this financing structure, the city is also able to monetize the direct pay credit from the federal government. There are multiple drawbacks to this financing mechanism, however. When utilizing a tax-exempt financing method under the Inflation Reduction Act , the direct pay credits are reduced by 15% relative to a cash purchase option (i.e. the 40% credit described above is reduced to 34%.) In addition, the city would own the arrays and would therefore receive all of the benefits of the system (including RECs) directly , but would need to operate and maintain the systems or hire a company to perform these services to keep the arrays functioning optimally over time which would require an ongoing cost to the city . Additionally, the interest associated with this financed procurement method would reduce the total return on investment of the project relative to a cash -purchase option. A power purchase agreement (PPA) is an alternative financing option which utilizes a third party to provide the capital necessary for construction of the project. The third party retains ownership of the arrays and the city then pays the third party a negotiated value for the energy produced by the array s as measured by an electrical meter on site. Term length for this financing option can range significantly, though this is typically on the order of 20 to 30 years. PPA agreements typically encompass two independent variables which determine the base energy price in the agreement, which are term length and escalation rate (the year -over-year increase in the base energy price.) These variables can be adjusted to meet the needs of the city – increasing the term length and esca lation rates typically results in a lower base (first-year) PPA rate, increasing savings realized in the early years of the project life cycle. There are several benefits to this financing format – the city would not require any capital to construct the ar rays, would not accrue interest during the construction period, and would not incur any direct debt. The city would not own the arrays during the PPA term (though PPAs would typically include an option for the city to procure the array at the end of the te rm of the agreement ), and therefore would not need to orchestrate operations and maintenance activities for the PV systems. Because payments under a power purchase agreement are based around a value per kilowatt -hour of energy delivered to the project site , typical issues impacting energy production would reduce the amount owed by the city to the PPA provider, insulating the city from risk of the systems encountering operational issues; this also keeps the PPA provider’s interests aligned with the city’s, a s the PPA provider is incentivized to maintain the arrays in peak condition to ensure the maximum amount of energy is delivered to the site. This financing method also has downsides; the array being owned by a third party means that the city would not be a ble to monetize the direct pay credit from the federal government for the project. Additionally, payments from the city to the PPA provider can fluctuate due to weather conditions, etc., and are likely less predictable than payments under a TELP financing model. These financial vehicles can also be combined to provide additional options for the city. For instance, available capital can be utilized to fund a project, with any shortfall being covered by a TELP or PPA. Combining available capital with a financing opt ion has the benefit of expanding the ability of the city to procure the systems, while significantly reducing the interest paid on a potential lease, or the base price for energy, the annual escalator, or the term negotiated under a PPA. 672 CC 02-04-2025 672 of 985 City of Cupertino Programming, Cost, and Funding Report Section 1 – Project Financials 7 1.4 Portfolio Cash Flow Models Each of the project locations was modeled to depict the estimated cash flow provided by each of the various financing strategies described in the previous section of this report . In addition, the portfolio as a whole was modeled similarly to show the revenue potential of the entire project throughout its life cycle. All project financing models anticipate 20-year financing terms to align with the NEM2 project lock-in duration. The impact of changing to the NEM3 tariff after 20 years is included in the follo wing cash flow models and summary tables. Site Name Nominal Array Size (kW DC) Estimated Year 1 Net Savings 1 (Cash) Estimated Year 1 Net Savings 1 (TELP) Estimated Year 1 Net Savings 1 (PPA) Estimated Lifecycle Net Savings (Cash) Estimated Lifecycle Net Savings (TELP) Estimated Lifecycle Net Savings (PPA) Community Hall 49.30 $30,457 $17,222 $9,471 $1,079,495 $800,616 $860,318 Quinlan Community Center / Senior Center 312.62 $158,421 $123,893 $68,139 $6,082,649 $4,855,850 $5,127,144 Sports Center 214.02 $93,402 $47,048 $16,775 $3,348,011 $2,389,518 $2,531,679 Total 575.94 $282,279 $188,163 $94,300 $10,510,155 $8,045,985 $8,517,106 1Net savings depicted in the above table take into account all estimated elements of the project, incorporating utility bill savings, operations and maintenance costs, interest costs, and PPA payments (as applicable to each of the individual financing mechanisms.) Utilizing a cash purchase model to procure the system provides the highest return on investment for solar PV projects, as there are no PPA payments, financing costs, or accrued interest that need to be paid over time for the system . While this method does require significant capital to be available to procure the system outright, it maximizes the value derived from the system by the purchaser. When capital is not available or opportunity costs are too significant to justify the short -term expenditure, financing projects via a TELP or PPA (in most cases) provides an excellent opportunity to be able to procure the system while realizing immediate positive cash flow on the project. The downside of these options is that the various financing related payments reduce the life cycle savings of the project significantly, as they are covered by the savings the systems generate. 673 CC 02-04-2025 673 of 985 City of Cupertino Programming, Cost, and Funding Report Section 1 – Project Financials 8 Full Portfolio Cash Flow Model Portfolio Financial Summary Financing Mechanism Up Front Costs Payback Period / Break Even Point Estimated Lifecycle Net Savings Cash Purchase $3,939,881 7.69 Years $10,510,155 TELP $0 N/A $8,045,985 PPA $0 N/A $8,517,106 The project portfolio provides an excellent opportunity to bundle all of the locations together to leverage any of the available financing methods and take advantage of the benefits that are most attractive to the city. In a cash purchase setting, the system s are anticipated to pay for themselves in 7.69 years and provide a net lifecycle savings to the city roughly $2 million greater than a financed option. However, both financed options are estimated to be able to provide the city a positive cash flow from the first year of operation, with out requiring available capital to purchase the arrays. The modeled cash flow for all three options is shown in the graph below: 674 CC 02-04-2025 674 of 985 City of Cupertino Programming, Cost, and Funding Report Section 1 – Project Financials 9 Community Hall Cash Flow Model Community Hall Financial Summary Financing Mechanism Up Front Costs Payback Period / Break Even Point Estimated Lifecycle Net Savings Cash Purchase $474,178 8.11 Years $1,079,495 TELP $0 N/A $800,616 PPA $0 N/A $860,318 The Community Hall project location provides an excellent opportunity to leverage any of the available financing methods to take advantage of the benefits that are most attractive to the city. In a cash purchase setting, the system is anticipated to pay fo r itself in 8.11 years and provide a net lifecycle savings to the city roughly $200,000 greater than a financed option. However, both financed options are estimated to be able to provide the city a positive cash flow from the first year of operatio n withou t requiring available capital to purchase the arrays. The modeled cash flow for all three options is shown in the graph below: 675 CC 02-04-2025 675 of 985 City of Cupertino Programming, Cost, and Funding Report Section 1 – Project Financials 10 Quinlan Community Center / Senior Center Cash Flow Model Quinlan Community Center / Senior Center Financial Summary Financing Mechanism Up Front Costs Payback Period / Break Even Point Estimated Lifecycle Net Savings Cash Purchase $1,888,660 6.72 Years $6,082,649 TELP $0 N/A $4,855,850 PPA $0 N/A $5,127,144 The Quinlan Community Center project location provides an excellent opportunity to leverage any of the available financing methods to take advantage of the benefits that are most attractive to the city. In a cash purchase setting, the system is anticipated to pay for itself in 6.72 years and provide a net lifecycle savings to the city roughly $900,000 greater than a financed option. However, both financed options are estimated to be able to provide the city a positive cash flow from the first year of operation, without requiring available capital to purchase the arrays. The modeled cash flow for all three opti ons is shown in the graph below: 676 CC 02-04-2025 676 of 985 City of Cupertino Programming, Cost, and Funding Report Section 1 – Project Financials 11 Sports Center Cash Flow Model Sports Center Financial Summary Financing Mechanism Up Front Costs Payback Period / Break Even Point Estimated Lifecycle Net Savings Cash Purchase $1,577,043 9.11 Years $3,348,011 TELP $0 N/A $2,389,518 PPA $0 N/A $2,531,679 The Sports Center project location provides an excellent opportunity to leverage any of the available financing methods to take advantage of the benefits that are most attractive to the city. In a cash purchase setting, the system is anticipated to pay for itself in 9.11 years and provide a net lifecycle savings to the city roughly $800,000 greater than a financed o ption. However, both financed options are estimated to be able to provide the city a positive cash flow from the first year of operation, without requiring available capital to purchase the arrays. The modeled cash flow for all three options is shown in the graph below: 677 CC 02-04-2025 677 of 985 City of Cupertino Programming, Cost, and Funding Report Section 1 – Project Financials 12 NEM 2 and NEM 3 Comparison As a part of this project, interconnection applications were submitted to the utility prior to the April 15, 2023 deadline for the closing of NEM2 to new applications for the 3 locations covered in this report. The relative value of the NEM2 projects is significantly greater than if these projects were to be completed under the currently-existing utility tariff structure of NEM3, which will require the systems to be completed by April 15th, 2026. The savings projections under NEM3 were modeled in an analogo us manner to the NEM2 savings projections, utilizing an Energy Toolbase model based on a Helioscope array design for each project location, to ensure that the impacts of TOU rate schedules and values for energy exported to the utility grid were accounted f or. The same assumptions for utility cost escalation rates (5%) and PV module degradation (0.5%) were utilized in both models. The projected net life cycle savings of the projects are shown under both NEM2 and NEM3 scenarios for comparison in the table bel ow: Site Name Nominal Array Size (kW DC) Estimated Year 1 Net Savings (Cash, NEM2) Estimated Year 1 Net Savings (Cash, NEM3) Estimated Lifecycle Net Savings (Cash, NEM2) Estimated Lifecycle Net Savings (Cash, NEM3) Energy Offset Percentage Community Hall 49.30 $30,457 $17,851 $1,079,495 $685,806 71.97% Quinlan Community Center / Senior Center 312.62 $158,421 $81,895 $6,082,649 $3,692,660 93.53% Sports Center 214.02 $93,402 $48,156 $3,348,011 $1,934,918 100.47% Total 575.94 $282,279 $147,902 $10,510,155 $6,313,383 93.72% The impact of the NEM3 tariff relative to the NEM2 tariff for each of the project locations varies significantly. On average, NEM3 drastically reduces the credit earned for exporting energy from the project locations to the utility grid, though it has no impact on energy that is produced and consumed concurrently on site. As a result of this, locations that utilize most of their energy during the day (particularly in the summer months) are not as heavily impacted by the NEM3 tariff as sites whose energy usage is not aligned with availa ble sunlight . For a given site, as the fraction of energy usage offset by the PV system rises, the impact of NEM3 will generally also increase. For this portfolio, the impact of NEM3 on the proposed systems varies, ranging from an 41.39% reduction in first year savings at the Library to a 48.44% reduction in first year savings at the Sports Center location. Across the entire portfolio, NEM3 would reduce first year energy savings by 47.60% when compared with the same project under NEM 2. The lifecycle net savings discrepancy across the portfolio (39.93%) is slightly lower than the first -year savings discrepancy, as the NEM 2 projects will be transitioned to NEM3 after 20 years, at which point the annual savings of both scenarios will equalize. 678 CC 02-04-2025 678 of 985 City of Cupertino Programming, Cost, and Funding Report Section 2 – Construction Methodology, Equipment, and Conceptual Designs 13 Section 2 – Construction Methodology , Equipment, and Conceptual Designs 2.1 Construction Methodology and Schedule Design-Build Construction Methodology Benefits Syserco Energy Solutions recommends a design -build methodology for execution of this project, which is common in the solar industry. There are a significant number of benefits to this delivery method, which are particularly valuable in a time-constrained environment. Given the need to complete these projects by the April 15th, 2026 deadline to maintain NEM2 status for the arrays, timing will be critical for the success of the project. The benefits of a design -build methodology are summarized below: Complete Accountability – With the design-build delivery method, a single entity, the design -builder, is the point of accountability across the entire project. The Design -Builder is always working toward the owner’s project goals with intent. The entire process, from design to final walkthrough, requires the Design-Builder to take full responsibility for all aspects of the project. Details and “Scope Gaps” cannot be overlooked without accountability. Quality of the design – Allows for Owner input and accounts for all project -related costs Improved Continuity - In the traditional “Design-Bid-Build” project delivery, once the design team completes their work, they hand off the project to a general contractor , who may have a different perspective on the project than the design team. Unless all elements of the project are fully and minutely detailed, there may be discrepancies between the design intent and the fully executed project. With design-build projects, a seamless line exists between each phase of the construction process , aligning all parts of the project team towards a common design and implementation intent . Single Project Leader, Single POC – A Design-Build Project Manager is part of everything from planning to the final stages. They’re in charge of keeping things on time, planned, and on budget. Field Expertise & Early Collaboration – Expertise for all areas of project development and construction are involved from start to finish. Design engineers work with construction -focused minds to ensure what is being designed can actually be built in the field, without additional surprises a nd cost increases. Risk Mitigation - Much of the risk involved in a project using the design -build method falls away from the owner to the design -build contractor. As a result, owners are often better protected against unexpected costs resulting from design errors or construction delays. Single Contract – A single design-build contract eliminates (sometimes challenging) contract negotiations between engineering firms, construction firms, and commissioning firms. Instead of multiple contracts, the design -builder will have one singular agreement with the owner. As a result, the owner retains control, while an environment of collaboration produces exceptional results without regular construction hangups. Streamlined Communication - Communication is critical to keeping projects on budget and on time. Design-build cuts out inefficiencies by putting everyone on the same team. When designers, contractors, 679 CC 02-04-2025 679 of 985 City of Cupertino Programming, Cost, and Funding Report Section 2 – Construction Methodology, Equipment, and Conceptual Designs 14 and other workers are on the same team, getting information from one person to another is seamless and fast. Instead of needing to coordinate multiple entities that may operate on different schedules, the design-build team can react quickly to any issues t hat may arise during the project. Financial Savings - It’s easy to assume that one of the benefits of design -bid-build is a lower budget, because projects often go to the lowest bidder. While a lower budget might be alluring, the inefficiencies and disconnects inherent in the traditional approach can crea te financial burdens. Keeping projects on budget is difficult and made even more complex by a lack of communication and accountability. Time Savings - When teams work in step with each other, rather than solely sequentially, it means you can save time and budget time more effectively. Many project owners have an experience of waiting weeks (or even months) after the design phase to break ground and st art construction. Using a design - build approach means you aren’t waiting on another company to start on the next stage. Equipment Changes – The solar industry moves very quickly, a nd solar modules in particular are constantly subject to shifting availability as new module models and wattages come onto the market (and older modules stop being produced). Performing a detailed DC electrical design based on specific modules well in advance of the project's procurement and construction phases presents significant risk of alterations being needed. Alterations under a design -bid-build model impose an appreciable risk of delay, as the project engineer would need to be reengaged to review and update the DC electrical design to accommodate module changes. 680 CC 02-04-2025 680 of 985 City of Cupertino Programming, Cost, and Funding Report Section 2 – Construction Methodology, Equipment, and Conceptual Designs 15 Design-Build Estimated Project Schedule The major milestones of the estimated schedule required to implement a design -build procurement of the project portfolio by the April 15th, 2026 NEM2 deadline is summarized in the table below: Event Target Date Contract Issued February 4th, 2025 Project Engineering / Detailed Design Phase February 5th, 2025 – April 15th, 2025 Permitting April 15th, 2025 – May 15th, 2025 Procurement of Major Materials March 1st, 2025 – September 1st, 2025 Construction Schedule September 1st, 2025 – April 1st, 2026 681 CC 02-04-2025 681 of 985 City of Cupertino Programming, Cost, and Funding Report Section 2 – Construction Methodology, Equipment, and Conceptual Designs 16 2.2 Project Portfolio Conceptual Designs Conceptual designs for each of the projects are shown on the following pages. For each project location, a Helioscope conceptual system design and a single line diagram have been provided, depicting the system layout, electrical components, and anticipated electrical configuration. These conceptual designs are indicative of the design intent for each of the projects, though alternative system designs (equipment manufacturers and models, inverter voltages, etc.) could be utilized to provide similar value to the city. Maintaining the existing trees on site is a priority for this project, though several trees will need to be removed from the Quinlan Community Center and sports center site locations where conflicting with the array locations and where necessary to ensure appropriate solar access for the new solar arrays. Where possible, tree trimming is recommended in place of tree removal at the Quinlan Community Center and sports center sites. The trees conflicting with the array located in the picnic area of the Quinlan Community Center are assumed to be removed or replanted as part of the Memorial Park revitalization project. The number of trees that will need to be removed and are recommended to be trimmed at each site is summarized in the table below: Site Name Trees to be Trimmed Trees to be Removed Community Hall 0 0 Quinlan Community Center / Senior Center 14 12 Sports Center 2 5 Total 16 17 682 CC 02-04-2025 682 of 985 City of Cupertino Programming, Cost, and Funding Report Section 2 – Construction Methodology, Equipment, and Conceptual Designs 17 Community Hall Conceptual Design 683 CC 02-04-2025 683 of 985 Design Overview produced by Taylor Bohlen © 2024 Aurora Solar 1 / 2 October 10, 2024 Community Hall Rooftop Cupertino - Civic Center, 10300 TORRE AVE Desig n Communit y H all Rooft op DC Nameplat e 49.3 kW AC Nameplat e 50.0 kW (0.99 DC/AC) L ast Modi ed Tay lor Bohlen (09/24/2024) Design Project Location Component Na me Count I nv ert ers S6-GC50K-US (Solis)1 (50.0 kW) St rings 10 AWG (Copper)5 (372.1 ft ) M odule H eliene I nc, 156H C-580 M 10 SL Bifacial (580W)85 (49.3 kW) Components D escr i pti on Ra cki ng Or i enta ti on Ti l t A zi muth Intr a r ow Spa ci ng Fr a me Si ze Fr a mes Modul es Pow er F ield Segment 6 F lush M ount Port rait (Vert ical) 15°90°0.0 ft 1x1 34 34 19.7 kW F ield Segment 7 F lush M ount Port rait (Vert ical) 15°270°0.0 ft 1x1 40 40 23.2 kW F ield Segment 8 F lush M ount Port rait (Vert ical) 15°180.02425°0.0 ft 1x1 11 11 6.38 kW Field Segments D escr i pti on Combi ner Pol es Str i ng Si ze Str i ngi ng Str a tegy Wiring Zone --Along Racking Wiring Zone 2 --Along Racking Wiring Zone 3 -4-17 Along Racking Wiring Zone 4 --Along Racking Wiring Z ones 684 CC 02-04-2025 684 of 985 Design Overview produced by Taylor Bohlen © 2024 Aurora Solar 2 / 2 October 10, 2024 Detailed Lay out 685 CC 02-04-2025 685 of 985 Solis S5-GC60K-LV-US (DERATED) 50 kW, 138.8 A, 208 VAC COM To DAS Inverter #1 49.3 kWstc PV Modules (85) Heliene 156HC-580 M10 SL Bifacial 46.478 kWptc Main Switchgear To Utility Grid 1200 A 120/208 VAC, 1200 A 175 A AC Disconnect 208 VAC (Nominal), 200 A (Min.) Cutler-Hammer DH324NRK Utility Meter Meter #1009538478 DAS System COM COM COM To Inverter #1 CT To Irradiance Sensor To Module Temp Sensor (43) TIGO TS4-A-2F Optimizers Project Location: Project Details: City of Cupertino - Community Hall Contractor: Revision History: Engineering Approval: 10350 Torre Avenue Cupertino, CA 95014 AHJ: Cupertino, City of 49.3 kWstc, 50 kWAC 45.59 kW CEC-AC Utility: PG&E Rev # Date Description 1 3/3/2023 Original 215 Fourier Avenue Fremont, CA, 94539 Suite 140 2 8/9/2024 DAS 3 8/28/2024 Equipment 4 9/4/2024 Equipment 5 10/10/2024 System Size 6 10/16/2024 Project Name 7 11/6/2024 Equipment 8 12/9/2024 Alternate 68 6 CC 02-04-2025 686 of 985 City of Cupertino Programming, Cost, and Funding Report Section 2 – Construction Methodology, Equipment, and Conceptual Designs 21 Quinlan Community Center Conceptual Design 687 CC 02-04-2025 687 of 985 Quinlan Community Center (add alt option 2) Cupertino - Quinlan + Senior + Sports Centers, 10185 N STELLING RD cupertino Design Quinlan Community Center (add alt option 2) DC Nameplate 312.6 kW AC Nameplate 260.0 kW (1.20 DC/AC) Last Modied Taylor Bohlen (Today at 12:02 AM) Design Project Location Component Name Count Inverters S5-GC80K-US (Solis)2 (160.0 kW) Inverters S5-GC100K-US (Solis)1 (100.0 kW) AC Home Runs 2/0 AWG (Aluminum)2 (2,704.7 ft) AC Home Runs 3/0 AWG (Aluminum)1 (2,236.6 ft) Strings 10 AWG (Copper)34 (3,500.1 ft) Module Heliene Inc, 156HC-580 M10 SL Bifacial (580W)539 (312.6 kW) Components Description Racking Orientation Tilt Azimuth Intrarow Spacing Frame Size Frames Modules Power Field Segment 1 Carport Portrait (Vertical) 7°180°1.6 ft 5x67 1 335 194.3 kW Field Segment 1 (copy 1) Carport Portrait (Vertical) 5°90°1.6 ft 6x34 1 204 118.3 kW Field Segments Description Combiner Poles String Size Stringing Strategy Wiring Zone -5-17 Along Racking Wiring Zone 2 --Along Racking Wiring Zone 3 --Along Racking Wiring Zone 4 -5-17 Along Racking Wiring Zones Design Overview produced by Taylor Bohlen © 2025 Aurora Solar 1 / 2 January 23, 2025 688 CC 02-04-2025 688 of 985 Detailed Layout2 Design Overview produced by Taylor Bohlen © 2025 Aurora Solar 2 / 2 January 23, 2025 689 CC 02-04-2025 689 of 985 Main Switchgear To Utility Grid 800 A 277/480 VAC, 800 A 400 A AC Disconnect 480 VAC (Nominal), 400 A (Min.) Cutler-Hammer DH365NRK Utility Meter Meter #1009512069 DAS System COM COM COM COM To Inverter #1 To Inverter #3 AC Combiner Panel 480 VAC (Nominal), 400 A (Min.) Solis S5-GC80K-US 80 kW, 96.2 A, 480 VAC COM To DAS Inverter #2Carport #2 PV Modules (335) Heliene 156HC-580 M10 SL Bifacial Solis S5-GC100K-US 100 kW, 120.3 A, 480 VAC COM To DAS Inverter #1Carport #1 PV Modules (204) Heliene 156HC-580 M10 SL Bifacial 125 A Solis S5-GC80K-US 80 kW, 96.2 A, 480 VAC COM To DAS CT To Module Temp Sensor To Irradiance Sensor 125 A 175 A Inverter #3 Project Location: Project Details: City of Cupertino - Quinlan Community Center Contractor: Revision History: Engineering Approval: 10185 N Stelling Rd Cupertino, CA 95014 AHJ: Cupertino, City of 312.62 kWstc, 260 kWAC 289.6 kW CEC-AC Utility: PG&E Rev # Date Description 1 3/3/2023 Original 215 Fourier Avenue Fremont, CA, 94539 Suite 140 2 8/28/2024 Equipment 3 9/4/2024 Equipment 4 12/10/2024 Size Reduction 5 12/19/2024 Add Alt 6 1/22/2025 System Size 69 0 CC 02-04-2025 690 of 985 City of Cupertino Programming, Cost, and Funding Report Section 2 – Construction Methodology, Equipment, and Conceptual Designs 25 Sports Center Conceptual Design 691 CC 02-04-2025 691 of 985 Sports Center Carports Cupertino - Quinlan + Senior + Sports Centers, 10185 N STELLING RD cupertino Design Sports Center Carports DC Nameplate 214.0 kW AC Nameplate 172.0 kW (1.24 DC/AC) Last Modied Taylor Bohlen (09/24/2024) Design Project Location Component Name Count Inverters S5-GC75K-US (Solis)1 (75.0 kW) Inverters S6-GC25K-US (Solis)1 (25.0 kW) Inverters S6-GC36K-US (Solis)2 (72.0 kW) Strings 10 AWG (Copper)26 (1,628.9 ft) Module Heliene Inc, 156HC-580 M10 SL Bifacial (580W)369 (214.0 kW) Components Description Racking Orientation Tilt Azimuth Intrarow Spacing Frame Size Frames Modules Power Field Segment 2 (copy) Carport Portrait (Vertical) 7°270°1.6 ft 6x27 1 162 94.0 kW Field Segment 1 (copy) Carport Portrait (Vertical) 7°180°1.6 ft 3x17 1 51 29.6 kW Field Segment 1 (copy 1) Carport Portrait (Vertical) 7°180°1.6 ft 3x52 1 156 90.5 kW Field Segments Description Combiner Poles String Size Stringing Strategy Wiring Zone 2 -5-17 Along Racking Wiring Zone 3 -4-17 Along Racking Wiring Zone -4-17 Along Racking Wiring Zones Design Overview produced by Taylor Bohlen © 2024 Aurora Solar 1 / 2 November 01, 2024 692 CC 02-04-2025 692 of 985 Detailed Layout Design Overview produced by Taylor Bohlen © 2024 Aurora Solar 2 / 2 November 01, 2024 693 CC 02-04-2025 693 of 985 480 VAC (Nominal), 400 A (Min.) 125 A Solis S5-GC75K-US 75 kW, 90.2 A, 480 VAC COM To DAS Inverter #1Carport #1 PV Modules (162) Heliene 156HC-580 M10 SL Bifacial AC Combiner Panel Main Switchgear To Utility Grid 400 A 277/480 VAC, 400 A 300 A AC Disconnect 480 VAC (Nominal), 400 A (Min.) Cutler-Hammer DH365FGK Utility Meter Meter #1010260937 DAS System COM COM COMTo Inverter #1 To Inverter #5 60 A Solis S6-GC36K-US 36 kW, 47.6 A, 480 VAC COM To DAS Inverter #3 60 A Solis S6-GC36K-US 36 kW, 47.6 A, 480 VAC COM To DAS Inverter #4 50 A Solis S6-GC25K-US 25 kW, 33.1 A, 480 VAC COM To DAS Inverter #2 Carport #3 PV Modules (156) Heliene 156HC-580 M10 SL Bifacial Carport #2 PV Modules (51) Heliene 156HC-580 M10 SL Bifacial CT COM To Module Temp Sensor To Irradiance Sensor Project Location: Project Details: City of Cupertino - Sports Center Contractor: Revision History: Engineering Approval: 21111 Stevens Creek Blvd Cupertino, CA 95014 AHJ: Cupertino, City of 214.02 kWstc, 197 kWAC 198.57 kW CEC-AC Utility: PG&E Rev # Date Description 1 3/2/2023 Original 215 Fourier Avenue Fremont, CA, 94539 Suite 140 2 8/9/2024 System Size 3 8/28/2024 Equipment 4 9/4/2024 Equipment 69 4 CC 02-04-2025 694 of 985 City of Cupertino Programming, Cost, and Funding Report Section 2 – Construction Methodology, Equipment, and Conceptual Designs 29 2.3 Project Equipment Lists The following is a description of the major materials utilized in the conceptual design for each of the project locations. Note that this equipment is listed to depict the conceptual design intent, and alternative equipment manufacturers and models may be utilized to meet the minimum requirements detailed in this report. Full Portfolio Equipment List Cupertino Portfolio Equipment List Item Manufacturer Model # / Size Quantity Modules Heliene Inc 156HC-580 M10 SL Bifacial 993 Rapid Shutdown / Optimizers TIGO TS4-A -2F 43 Inverters Solis S5-GC100K-US 2 Inverters Solis S5-GC80K-US 2 Inverters Solis S5-GC75K-US 1 Inverters Solis S5-GC60K-LV-US 1 Inverters Solis S6-GC36K-US 2 Inverters Solis S6-GC25K-US 1 Panelboards TBD 480 VAC, 400A 2 Disconnects TBD 600 VAC, 400 A, Fused 2 Disconnects TBD 240 VAC, 200A, Unfused 1 DAS AlsoEnergy PLCS400 3 EV Chargers TBD 32A/Level 2 7 Community Hall Equipment List Community Hall Equipment List Item Manufacturer Model # / Size Quantity Modules Heliene Inc 156HC-580 M10 SL Bifacial 85 Rapid Shutdown / Optimizers TIGO TS4-A -2F 43 Inverters Solis S5-GC60K-LV-US 1 Disconnects TBD 240 VAC, 200 A, Unfused 1 DAS AlsoEnergy PLCS400 1 695 CC 02-04-2025 695 of 985 City of Cupertino Programming, Cost, and Funding Report Section 2 – Construction Methodology, Equipment, and Conceptual Designs 30 Quinlan Community Center Equipment List Quinlan Community Center Equipment List Item Manufacturer Model # / Size Quantity Modules Heliene Inc 156HC-580 M10 SL Bifacial 539 Inverters Solis S5-GC100K-US 1 Inverters Solis S5-GC80K-US 2 Panelboards TBD 480 VAC, 400 A 1 Disconnects TBD 600 VAC, 400A, Fused 1 DAS AlsoEnergy PLCS400 1 EV Chargers TBD 32A/Level 2 3 Sports Center Equipment List Sports Center Equipment List Item Manufacturer Model # / Size Quantity Modules Heliene Inc 156HC-580 M10 SL Bifacial 369 Inverters Solis S5-GC75K-US 1 Inverters Solis S6-GC36K-US 2 Inverters Solis S6-GC25K-US 1 Panelboards TBD 480 VAC, 400A 1 Disconnects TBD 600 VAC, 400A, Fused 1 DAS AlsoEnergy PLCS400 1 EV Chargers TBD 32A/Level 2 4 696 CC 02-04-2025 696 of 985 City of Cupertino Programming, Cost, and Funding Report Section 3 – Project Specifications and Technology Evaluation 31 Section 3 – Project Specifications and Technology Evaluation 3.1 Technical Specifications General ● All power generation and transmission equipment must be UL listed for its designed use. ● Construction must comply with current adopted State Building Code, as amended by the City of Cupertino, which encompasses: o Most recently adopted California Building Code (CBC) o Most recently adopted California Electric Code (CEC) o Most recently adopted California Green Building Code o Most recently adopted California Energy Code o All other relevant local, state, and national codes ● There must be a minimum 1 -year warranty for all materials and workmanship. ● All labor utilized on the project must meet prevailing wage and apprenticeship requirements in the Inflation Reduction Act required to receive the full direct pay credit. Balance of System Equipment ● Each proposed PV system shall include, at a minimum, one Visible Blade AC disconnect for safety and maintenance concerns. System must comply with all Utility interconnection requirements. ● Rooftop PV systems must include rapid shutdown, as required by code. ● String combiner boxes (if applicable) must include properly sized fusing, and all metal equipment and components must be bonded and grounded as required by the C EC. ● All system wiring and conduit must comply with applicable local code and CEC stipulations. ● Wall penetrations must be sealed in compliance with CEC and National Fire Protection Association (NFPA) regulations. ● All wiring materials and methods must adhere to industry -standard best practices. o The conductors in the circuit between the AC disconnect switch and point of interconnection must be copper (CU). o All conductors shall be provided in conduit appropriate for the conditions in which they are to be located, except conductors between PV modules. o Wiring insulation types shall be appropriate for the conditions in which they are located. 697 CC 02-04-2025 697 of 985 City of Cupertino Programming, Cost, and Funding Report Section 3 – Project Specifications and Technology Evaluation 32 ● Material requirements: o Project must meet domestic content threshold for bonus ITC credit under the Inflation Reduction Act. o Fasteners and hardware throughout the systems shall be stainless steel or material of equivalent corrosion resistance. o Racking components and all structural members shall be anodized aluminum, hot-dipped galvanized steel, or material of equivalent corrosion resistance based on appropriate environmental conditions. o Unprotected steel not to be used in any components . o All structural steel and iron must be 100% domestically produced. o Manufactured components must contain 45% (minimum) domestic content across each project location . This domestic content percentage must be 50% (minimum) if the project begins in 2026. o Modules utilized in the project must have a minimum of a 10 - year material warranty and 25-year power output guarantee. o Power output guarantee must include a maximum of 2% first- year degradation and 0.5% annual degradation . o Modules utilized in the project must be from a tier 1 module manufacturer. o Inverters utilized in the project mush have a minimum of a 10- year warranty. Interconnection ● System interconnection must comply with CEC and Utility regulations and must be approved by the local Utility and the Authority Having Jurisdictions (AHJs). ● Interconnection points will be at facility main switchgear locations, per Single Line Diagrams ● Emergency back-up generation may exist on -site and must be factored into proposed PV system electrical plans. ● All placards required by the AHJ, the Utility, and/or State Solar Initiative program must be provided and installed according to SES and CEC guidelines. Monitoring and Reporting Systems ● Monitoring shall include revenue -grade metering of PV system production, a pyranometer, and a module temperature sensor. ● Monitoring system shall include an online portal with a graphical user interface for the city to be able to remotely access site production and weather data. 698 CC 02-04-2025 698 of 985 City of Cupertino Programming, Cost, and Funding Report Section 3 – Project Specifications and Technology Evaluation 33 ● Respondent will be responsible for providing all required monitoring communications and power wiring and conduit. System Design and Permitting ● Construction plan set shall include (at a minimum): o Site overview o Detailed array layout with stringing configuration o Mounting and racking details o Details of electrical transmission showing conduit routing and location of electrical enclosures, conduit support details, and enclosure mounting details o Electrical single-line diagram o Electrical three -line diagram o Monitoring plan ● All proposed system designs and construction techniques must be approved by the AHJ ● Wire loss in DC circuits to be < 1.5%. ● Wire loss in AC circuits to be < 3%. ● Minimum 30-year design life for structural members. ● Carports must have a minimum height of 10’. ● Where carport footprints encroach onto existing fire lanes, a minimum structure height of 13’-6” must be maintained. EV Charging Requirements ● Carport projects located in parking lots must have EV chargers and EV-ready spaces installed in accordance with CALGreen Requirements, as amended by the Cupertino Municipal Code. ● EV charging stations must be fed by a dedicated subpanel, with individual dedicated breakers for each charger. Construction ● All electrical enclosures and equipment shall be installed to be readily accessible to qualified personnel only. ● All visible conduits and electrical equipment shall be painted or aesthetically dressed to match existing structures. ● Location of existing underground utilities must be marked by USA/Dig Alert or equivalent private service prior to any underground work. Contractor to utilize Ground Penetrating Radar to locate any private utilities prior to drilling, boring, or trenching. Commissioning ● Systems shall be commissioned in accordance with industry best 699 CC 02-04-2025 699 of 985 City of Cupertino Programming, Cost, and Funding Report Section 3 – Project Specifications and Technology Evaluation 34 practices, and include (at a minimum): o Insulation resistance testing o I-V Curve testing o 7-day performance (capacity) testing ● Commissioning shall be completed at the conclusion of the construction phase of the project. ● A commissioning report shall be prepared (encompassing all testing performed, including the above required testing at minimum.) For review and acceptance by the city before final completion of the project. 700 CC 02-04-2025 700 of 985 City of Cupertino Programming, Cost, and Funding Report Section 3 – Project Specifications and Technology Evaluation 35 3.2 New Technology Evaluation New technology options were evaluated as a part of this project, though no emerging technologies were selected to be leveraged. One such technology that was investigated was building integrated, transparent coatings for windows which generate solar energy; unfortunately, the sites which have been selected for this project are not particularly well suited to this technology, as there are a limited number of windows at these locations with ideal orientations and good solar access. Additionally, as this is an emerging technology in the marketplace, there are risks inherent in being an early adopter. For a solar PV project, which has an expected lifespan of 30 years, utilizing proven, bankable technologies to ensure that long term value is captured from the syst ems in a predictable fashion is critical to ensure the ongoing viability of the investment. Each site was evaluated as a fit for this technology, though none were selected for the reasons specified below: Community Hall: -No large glass building facades -Significant shading from Library building would reduce solar production Quinlan Community Center: -Significant shading from nearby trees would significantly impact energy production -Not enough available real estate on building facades to meet production needs Sports Center: -No large glass building facades -Significant shading from nearby trees would significantly impact energy production -Not enough available real estate on building facades to meet production needs Thin-film solar modules were an alternative technology that was also considered for the project. The benefits associated with these modules are that they are lower cost and lighter weight. While they do provide excellent benefits, this module type tends to be less efficient and less durable than traditional solar modules. With lower efficiency than traditional modules, more space is required to provide the same electrical output when utilizing the thin -film module option. Due to the desire to maintain as ma ny trees as possible in the project, the additional real estate necessary to utilize this type of module on the project would have likely come at the expense of additional trees needing to be removed. Furthermore, maximizing the system’s durability is a priority on the project to ensure that the system encounters as few issues as possible during its projected 30 -year life cycle. 701 CC 02-04-2025 701 of 985 City of Cupertino Programming, Cost, and Funding Report Section 3 – Project Specifications and Technology Evaluation 36 3.3 Energy Storage Evaluation All three project locations were evaluated to determine the feasibility and efficacy of installing a battery to provide site resilience and financial benefits for the city. Batteries can typically provide revenue in two main ways. The first is by capturing low-cost energy at off-peak times and utilizing this energy to offset higher-cost electrical usage during peak times (energy arbitrage.) The second is by discharging energy during high-usage time periods on site to offset electrical demand charges (demand reduction .) Under NEM2, the ability to generate cost savings through energy arbitrage is limited, as the re is little cost differential between on -peak and off-peak energy. Under NEM3, a battery can capture excess energy which would be exported to the utility grid for minimal value, and instead consume this energy on site during high-cost periods. As the average differential between NEM3 exported energy and retail energy prices is significantly larger than the difference in retail price between time periods, there is a vastly expanded opportunity for the energy storage system to provide cost savings when compared with NEM2 through energy arbitrage . As the systems approach the end of the 20 -year NEM2 lock-in period, it is recommended that the addition of a battery to these projects should be reevaluated. Energy storage systems can also be utilized to mitigate electrical demand charges at a project location. Demand charges are levied based on the maximum amount of electrical energy used within any 15 - minute period throughout the billing cycle (typically a m onth.) The batteries can discharge energy during these high-usage intervals, reducing the energy consumed in these windows to reduce the associated demand charge. This benefit tends to complement solar PV systems, as the ability to target these high usage periods is much greater with a controllable resource as opposed to one dependent on available sunlight and weather condition s. PV systems under NEM2 are particularly effective at offsetting energy charges, as excess energy produced during any time period is credited to the customer at close to the retail rate of electricity, with the difference in credited and retail value being equal to the non-bypassable charges associated with consumed energy. This credited value can be used to offset the electrical energy charges accrued during times of the day where the system is not producing energy (i.e. at night.) A solar PV system is much less effective in offsetting demand charges when compared with energy charges. Because demand charges are based on the highest -usage 15-minute interval within a billing period, which does not always occur in -line with solar production, the system will not necessarily offset these charges. Even if the peak site usage coincides with solar production, a new, lower peak will be recorded. The only ways to completely mitigate demand charges are to not import any energy from the utility, or to reduce the demand to a level at which the site becomes eligible for a utility rate schedule which does not include demand charges. As the solar PV system in each location will be on NEM2, the additional financial benefit of a battery is limited; however, there are two project locations (Quinlan Community Center and Sports Center,) where a battery can be utilized to mitigate the site’s electrical demand to the point at which these sites will become eligible for the B1 and B6 rate schedules, which do not include demand charges. For these rate schedules, the marginal electrical costs are rolled into the energy portion of the bill which ca n be directly offset by the PV system, allowing for much greater avoided costs from the system compared with a standalone PV project on a rate schedule which includes demand charges . 702 CC 02-04-2025 702 of 985 City of Cupertino Programming, Cost, and Funding Report Section 3 – Project Specifications and Technology Evaluation 37 For the remaining site, the project location is already eligible for an energy-only rate schedule (Civic Center.) The current estimated benefit of cost avoidance utilizing batteries at this location is not sufficient to offset the estimated costs of installing, maintaining, and operating the energy storage system, and therefore is not recommended at this location. The sites were also evaluated to determine how much energy storage would be needed to support backup power for each location for a period of 1 and 2 days (in concert with the planned PV system at each site.) The estimated battery size required for each of these outcomes is shown in the table below: City of Cupertino Battery Evaluation Summary Project Location Rate Change* 1 Day Backup 2 Days Backup Civic Center N/A 300 kWh 575 kWh Sports Center 225 kWh 650 kWh 1,150 kWh Quinlan Community Center 200 kWh 500 kWh 800 kWh *The addition of EV chargers for each of these projects may impact each site’s electrical demand. The power available for use at each charger will need to be managed by a load -management system (in concert with the energy storage system) to ensure car char ging doesn’t adversely impact the ability of the battery to provide the demand reduction necessary to facilitate a rate change. This is a high-level evaluation of what would be needed to support full site backup for the listed durations; there is also flexibility to design a microgrid system to support only critical electrical loads, which would have a significant impact on the bac kup duration that could be provided from a battery of a similar size. In order to design an ideal microgrid for each location, a detailed review of project goals and requirements would need to be undertaken. Of note, in order to accommodate full -facility backup operation of each of these project locations, significant infrastructure upgrades will be necessary – while there are multiple options available to facilitate this full-facility backup, significant reconfigurations and/or upgrades to the electrical capacity of the sites’ switchgears would be necessary. These infrastructure upgrades can likely be mitigated if a smaller scale, critical-load backup was desired in place of full-facility backup. Infrastructure upgrades at the Sports Center and Quinlan Community Center would not be required to utilize the needed size of energy storage system to provide the electrical demand reduction necessary for a change in rate schedule. Upgrades would not be necessary at these locations for demand reduction functionality, as the systems would not need to function during a power outage . As a result, the resources could be connected on the utility’s side of the main breaker, allowing the systems to avoid si ze restrictions in the CEC associated with connections on the customer’s side of the main breaker. Please note that this analysis is based on the customer’s infrastructure – upgrades to utility infrastructure (transformer, service conductors, etc.) may still be required for these options. 703 CC 02-04-2025 703 of 985 City of Cupertino Programming, Cost, and Funding Report Section 3 – Project Specifications and Technology Evaluation 38 Appendix A – Equipment Cut Sheets 704 CC 02-04-2025 704 of 985 156HC M10 SL Bifacial Module 156 Half-Cut Monocrystalline 565W – 585W Bifacial Technology Enabling Additional Energy Harvest from Rear Side Half-Cut Design with Split Junction Box Technology 2% First Year Degradation & 0.5% Annual Power Degradation 21% Utilizes the latest M10 size super high efficiency Monocrystalline PERC cells. Half cut design further reduces cell to module (CTM) losses. Hail Resistance Framed Glass-backsheet construction is ideal for Hail resistance upto 55mm. Anti-Reflective Premium solar glass with anti reflective coating delivers more energy throughout the day High Reliability Proven resistance to PID and reliable in high temperature and humidity environments. No Compromise Guarantee 15 Year Product Warranty 25 Year Linear Performance Guarantee World-class Quality • Heliene’s fully automated manufacturing facilities with state-of-the-art robotics and computer aided inspection systems ensure the highest level of product quality and consistency • All manufacturing locations are compliant with international quality standards and are ISO 9001 certified • Heliene modules have received Top Performer rankings in several categories from PV Evolution Labs (PV EL) independent quality evaluations Bankable Reputation • Established in 2010, Heliene is recognized as highly bankable Tier 1 manufacturer of solar modules and has been approved for use by the U.S. Department of Defense, U.S. Army Corps of Engineers and from numerous top tier utility scale project debt providers • By investing heavily in research and development, Heliene has been able to stay on the cutting edge of advances in module technology and manufacturing efficiency Local Sales, Service, and Support • With sales offices across the U.S. and Canada, Heliene prides itself on unsurpassed customer support for our clients. Heliene has become the brand of choice for many of the leading residential installers, developers and Independent Power Producers due to our innovative technology, product customization capability and just in time last-mile logistics support • Local sales and customer support means answered phone calls and immediate answers to your technical and logistics questions. We understand your project schedules often change with little warning and endeavor to work with you to solve your project management challenges 156HC M10 SL Bifacial Module Manufactured Using International Quality System Standards: ISO9001 www.heliene.com705 CC 02-04-2025 705 of 985 156HC M10 SL Bifacial Module Dimensions for 156HC M10 SL Bifacial Series Modules I-V Curves for 156HC M10 SL Bifacial Series Modules The specifications and key features contained in this datasheet may deviate slightly from our actual products due to the ongoing innovation and product enhancements. Heliene Inc. reserves the right to make necessary adjustment to the information described herein at any time without prior notice. PV modules should be handled and installed only by qualified people. Please carefully read safety and installation instructions available for download from Heliene website before using Heliene PV modules. For warranty details, please refer to Product Warranty Document, also available for download from Heliene website. Electrical Data (STC) Peak Rated Power*Pmpp (W)585 580 575 570 565 Maximum Power Voltage Vmpp (V)45.85 45.64 45.44 45.23 45.02 Maximum Power Current Impp (A)12.77 12.70 12.64 12.58 12.52 Open Circuit Voltage*Voc (V)54.41 54.13 53.86 53.59 53.32 Short Circuit Current**Isc (A)13.50 13.48 13.46 13.44 13.42 Module Efficiency Eff (%)20.9 20.8 20.6 20.4 20.2 Maximum Series Fuse Rating MF (A)30 30 30 30 30 Power Sorting Range [- 0/+3%] Bifaciality Factor***70 ± 5% Mechanical Data Solar Cells 156 Half Cut, M10, 182mm, PERC Cells Module Construction Framed Glass–Backsheet Dimensions (L x W x D)2464 x 1134 x 35 mm (97.01 x 44.65 x 1.38 inch) Weight 31 kg (68.34 lbs) Frame Double Webbed 15-Micron Anodized Aluminum Alloy Glass 3.2mm Low-Iron Content, High-Transmission, PV Solar Glass with Anti Reflective Coating Junction Box IP-68 rated with 3 bypass diodes Output Cables 4mm2 (12AWG), 0.3-meter Symmetrical Cables Optional: 1.2-meter Symmetrical Cables upon request Connectors Multi-Contact/ Stäubli MC4 HSPE_156HC_M10_SL_Bifacial_Rev.02.pdf Temperature Ratings Nominal Module Operating Temperature (NMOT)+45°C (±2°C) Temperature Coefficient of Pmax -0.34%/°C Temperature Coefficient of Voc -0.25%/°C Temperature Coefficient of Isc 0.05%/°C Certifications UL Certification UL61215, UL61730 Maximum Ratings Operational Temperature -40°C to +85°C Max System Voltage 1500V Mech. Load Test (Front)113 psf / 5400 Pa Mech. Load Test (Back)50 psf / 2400 Pa Fire Type Type 1 Electrical Data (NMOT) Maximum Power Pmpp (W)436 432 429 425 421 Maximum Power Voltage Vmpp (V)43.56 43.36 43.17 42.97 42.77 Maximum Power Current Impp (A)10.01 9.97 9.93 9.89 9.85 Open Circuit Voltage Voc (V)51.68 51.43 51.17 50.91 50.66 Short Circuit Current Isc (A)10.91 10.89 10.88 10.86 10.84 NMOT - Nominal Module Operating Temperature: Irradiance at 800W/m2, Ambient Temperature 20ºC, Wind speed 1m/s June 5th, 2024 546W 436W 328W 217W 106W 0 2 4 6 8 10 12 14 16 0 10 20 30 40 50 60 CU R R E N T [ A ] VOLTAGE [V] HELIENE INC. 156HC-585 M10 SL BIFACIAL Incident Irrad. = 1000W/m2 Incident Irrad. = 800W/m2 Incident Irrad. = 600W/m2 Incident Irrad. = 400W/m2 Incident Irrad. = 200W/m2 At NMOT Incident Irrad. = 1000W/m2 0 2 4 6 8 10 12 14 16 0 10 20 30 40 50 60 CU R R E N T [ A ] VOLTAGE [V] HELIENE INC. 156HC-585 M10 SL BIFACIAL Cells temp = 10°C, Pmpp=614W Cells temp = 25°C, Pmpp=585W Cells temp = 40°C, Pmpp=556W Cells temp = 55°C, Pmpp=526W Cells temp = 70°C, Pmpp=494W 6 5 4 3 2 1 6 5 4 3 2 1 A B C D DESCRIPTIONREV.DATE DOCUMENT TITLE: DRAWN BY REVIEWED BY DATE THIRD ANGLE PROJECTION TOLERANCES, UNLESS OTHERWISE SPECIFIED: COPYRIGHT HELIENE: THIS DOCUMENT AND DATA DISCLOSED HEREIN OR HEREWITH IS PROPRIETARY AND MAYNOT BE REPRODUCED, USED OR DISCLOSED IN WHOLE OR IN PART WITHOUT WRITTENPERMISSION FROM HELIENE.C X ± 1 X.X ± 0.1 LINEAR:ANGULAR: X ± 1 X.X ± 0.1 UNIT: MILIMETER(MM) NAME APPROVED BY PART NUMBER:SHEETS: Xinyan Bai DRAWN REVIEWER APPROVER Parth Bhatt 1/1 Krishna Bharatia 2022-10-19 2022-10-19 2022-10-19 156HC M10 SPEC SHEET 00 Initial Release 2022-05-07 35 x 2 4 - Ø7 x 10 Mounting Hole 8 - Ø9 x 14 Mounting Hole 4 - Ø4 Grounding Hole 1134 40 0 80 0 14 0 0 4 x Drainage Holes 5 x 5 8 x Drainage Holes 8 x 3 20 x 2 24 6 4 35 1085 x 6 35 35 35 20 A - A (1:10)B - B (1:10) A A B B 53 2 83 2 10 3 2 Warranty 15 Year Product Warranty 25 Year Linear Power Guarantee Packaging Configuration Modules per Pallet 40’ Container:31 pieces Modules per 40’ Container: 620 pieces Modules per Pallet 53’ Trailer:28 pieces Modules per 53’ trailer: 588 pieces STC - Standard Test Conditions: Irradiation 1000 W/m2 - Air mass AM 1.5 - Cell temperature 25 ºC, *Pmpp Production Tolerance ± 3%, *Voc Production Tolerance ± 3%, **Isc Production Tolerance ± 4% ***Bifaciality Factor= Pmpprear/Pmppfront where Pmpprear and Pmppfront are tested at STC 706 CC 02-04-2025 706 of 985 ussales@solisinverters.com 23.6.3 S6-GC(25-60)K-US Solis Three Phase Grid-Tied Inverters Models: S6-GC25K-US / S6-GC33K-US S6-GC36K-US / S6-GC40K-US S6-GC50K-US / S6-GC60K-US Ordering: S6-GC(25-60)K-US • APST (APS MLRSD Transmitter) • RSS (Tigo MLRSD Transmitter) • NEPT (NEP MLRSD Transmitter) 英语 NEWNEW Efficient Smart Safe Economic • Max. efficiency 98.8% (CEC efficiency 98.5%) • String current up to 20A • 3/4 MPPT design, supports multiple orientation system design • Night time PID recovery function, increases overall system yield (optional) • Wide voltage range and low startup voltage • Equipped with external power control interface, supporting zero output power control • Intelligent string monitoring, smart I-V curve scan • Supports RS485, Ethernet, WiFi, Cellular • Scan to register on SolisCloud, supports remote upgrade and control • Type 4X, C5 Anti-Corrosion Level • AFCI protection, proactively reduces fire risk • Intelligent redundant fan-cooling • Integrated module level rapid shutdown transmitter • High quality components from globally recognized suppliers • Integrated DC and AC disconnects • > 1.5 DC/AC ratio • Supports high power modules for lower installation costs • Separable AC wiring box 707 CC 02-04-2025 707 of 985 www.solisinverters.com Input DC Max. input voltage 1000 V Rated voltage 720 V Start-up voltage 180 V MPPT voltage range 180-1000 V Max. input current 3*40 A 4*40 A Max. short circuit current 3*63 A 4*63 A MPPT number/Max. input strings number 3/6 4/8 Output AC Rated output power 25 kW 33 kW 36 kW 40 kW 50 kW 60 kW Max. apparent output power 27.5 kVA 36.3 kVA 39.6 kVA 44 kVA 55 kVA 66 kVA Max. output power 27.5 kW 36.3 kW 39.6 kW 44 kW 55 kW 66 kW Rated grid voltage 3Ф/PE, 480 V Rated grid frequency 60 Hz Max. output current 33.1 A 43.7 A 47.6 A 52.9 A 66.2 A 79.4 A Power factor >0.99 (0.8 leading - 0.8 lagging) THDi <3% Efficiency Max. efficiency 98.8% CEC efficiency 98.5% Protection DC reverse-polarity protection Yes Short circuit protection Yes Output over current protection Yes Surge protection DC Type II / AC Type II Grid monitoring Yes Anti-islanding protection Yes Temperature protection Yes Strings monitoring Yes I/V Curve scanning Yes Integrated AFCI (DC arc-fault circuit protection)Yes Integrated PID recovery Optional Integrated DC switch Yes Integrated AC switch Yes General Data Dimensions (W*H*D)30.9*21.6*12.6 in (784*549*320 mm) Weight 96.3 lbs (43.7 kgs)105.4 lbs (47.8 kgs)108.7 lbs (49.3 kgs) 110.5 lbs (50.1 kgs) Topology Transformerless Self-consumption (night)<1 W Relative humidity 0-100% Operating ambient temperature range -13°F to 140°F (-25°C to 60°C) Ingress protection TYPE 4X Cooling concept Natural convection Max. operation altitude 13,120 ft (4000 m) Compliance UL1741SB, UL1741SA, IEEE 1547-2018, UL1699B, UL1998, FCC Part15 ClassB, California Rule 21, Heco Rule 14H, NEC 690.12-2020, CAN/CSA C22.2107.1-1 Features DC connection MC4 connector AC connection OT terminal (4 AWG to 3/0 AWG) Display LCD Communication Modbus RTU (Sunspec compliant), RS485, Optional: Cellular, Wi-Fi DATASHEET S6-GC(25-60)K-US Models 25K 33K 36K 40K 50K 60K 30上市 708 CC 02-04-2025 708 of 985 ussales@solisinverters.com S5-GC60K-LV-US Solis Three Phase Grid-Tied Inverters Efficient •8 MPPTs, max. efficiency 98.5% (CEC efficiency 98.1%) •> 1.5 DC/AC ratio •String current up to 16A for higher capacity modules Safe •Type 4X, C5 Anti-Corrosion Level •UL 1741 SB •External signal control function •Integrated nighttime PID recovery for optimal module performance •AFCI protection proactively reduces fire risk •High quality components from globally recognized suppliers Economic •DC side supports "Y" connector•Reduce install cost with UL3741 approved inverter Smart •Intelligent string monitoring, smart I-V curve scan •Remote firmware upgrade via SolisCloud Model: S5-GC60K-LV-US (1) Requires the user to use Solis monitoring Ordering: S5-GC60K-LV-US •APST (APS MLRSD Transmitter) •RSS (Tigo MLRSD Transmitter) •NEPT (NEP MLRSD Transmitter) 360º View 709 CC 02-04-2025 709 of 985 DATASHEET S5-GC60K-LV-US www.solisinverters.com Models 60K Input DC Max. input voltage 1000 V Rated voltage 600 V Start-up voltage 195 V Operating voltage range 180-1000 V Full Load MPPT voltage range 400-650 V Max. input current 8x32 A Max. short circuit current 8x50 A MPPT number/Max. input strings number 8/16 Output AC Rated output power 60 kW Max. apparent output power 60 kVA Max. output power 60 kW Rated grid voltage 3Ф/PE, 208 V Rated grid frequency 60 Hz Max. output current 166.5 A Power Factor >0.99 (0.8 leading - 0.8 lagging) THDi <3% Efficiency Max. efficiency 98.5% CEC efficiency 98.1% Protection DC reverse-polarity protection Yes Surge protection DC Type II / AC Type II Ground fault monitoring Yes Anti-islanding protection Yes String monitoring Yes I/V Curve scanning Yes Rapid shutdown Yes Integrated AFCI (DC arc-fault circuit protection) Yes Integrated PID recovery Yes AC/DC integrated switch Yes General Data Dimensions (W*H*D) 41.9*22.3*13.6 in (1065*567*344.5 mm) Weight 200 lbs (91 kgs) Topology Transformerless Self-consumption (night) <2 W Relative humidity 0-100% Operating ambient temperature range -22°F to 140°F (-30°C to +60°C ) Storage environment -40°F to 176°F (-40°C to 80°C) Ingress protection TYPE 4X Cooling concept Intelligent redundant fan-cooling Max. operation altitude 13,120 ft (4000 m) Compliance UL1741SB, IEEE 1547-2018, UL1699B, UL1998, FCC Part15 ClassB, California Rule 21, HECO Rule 14H, NEC 690.12-2020, CAN/CSA C22.2107.1-1 Features DC connection MC4 connector AC connection OT Terminal (max. 350 MCM) Display LCD Communication RS485, Ethernet, Optional: Wi-Fi, Cellular Ordering guidelines: Determine the basic model and add your desired features from above. Ex: S5-GC60K-LV-US-APST (Inverter with APS transmitter) 710 CC 02-04-2025 710 of 985 ussales@solisinverters.com S5-GC(75-100)K-US Solis Three Phase Grid-Tied Inverters Models: S5-GC75K-US / S5-GC80K-US S5-GC90K-US / S5-GC100K-US Efficient Smart Safe • 8/9/10 MPPTs, max. efficiency 98.8% (CEC efficiency 98.3%) • > 1.5 DC/AC ratio • String current up to 16A for higher capacity modules • Intelligent string monitoring, smart I-V curve scan • Remote firmware upgrade with simple operation(1) • Type 4X, C5 Anti-Corrosion Level • UL 1741 SA and SB • External signal control function • Integrated nighttime PID recovery for optimal module performance • AFCI protection, proactively reduces fire risk • High quality components from globally recognized suppliers Economic • DC side supports "Y" connector 360º View Ordering: S5-GC(75-100)K-US • APST (APS MLRSD Transmitter) • RSS (Tigo MLRSD Transmitter) • NEPT (NEP MLRSD Transmitter) (1) Requires the user to use Solis monitoring 711 CC 02-04-2025 711 of 985 www.solisinverters.com DATASHEET S5-GC(75-100)K-US Models 75K 80K 90K 100K Ordering guidelines: Determine the basic model and add your desired features from above. Ex: S5-GC75K-US-APST (Inverter with APS transmitter) Input DC Max. input voltage 1000 V Rated voltage 600 V Start-up voltage 195 V MPPT voltage range 180-1000 V Max. input current 8*32 A 9*32 A 10*32 A Max. short circuit current 8*50 A 9*50 A 10*50 A MPPT number/Max. input strings number 8/16 9/18 10/20 Output AC Rated output power 75 kW 80 kW 90 kW 100 kW Max. apparent output power 75 kVA 80 kVA 90 kVA 100 kVA Max. output power 75 kW 80 kW 90 kW 100 kW Rated grid voltage 3Ф/PE, 480 V Rated grid frequency 60 Hz Max. output current 90.2 A 96.2 A 108.3 A 120.3 A Power Factor >0.99 (0.8 leading - 0.8 lagging) THDi <3% Efficiency Max. efficiency 98.7%98.8% CEC efficiency 98.3%98.2% Protection DC reverse-polarity protection Yes Surge protection DC Type II / AC Type II Ground fault monitoring Yes Anti-islanding protection Yes Strings monitoring Yes I/V Curve scanning Yes Rapid shutdown Yes Integrated AFCI (DC arc-fault circuit protection)Yes Integrated PID recovery Yes AC switch Yes General Data Dimensions (W*H*D)41.9*22.3*13.6 in (1065*567*344.5 mm) Weight 187 lbs (85 kgs) Topology Transformerless Self-consumption (night)<2 W Relative humidity 0-100% Operating ambient temperature range -22°F to 140°F (-30°C to +60°C ) Storage environment -40°F to 176°F (-40°C to 80°C) Ingress protection TYPE 4X Cooling concept Intelligent redundant fan-cooling Max. operation altitude 13,120 ft (4000 m) Compliance UL1741SB, UL1741SA, IEEE 1547-2018, UL1699B, UL1998, FCC Part15 ClassB, California Rule 21, Heco Rule 14H, NEC 690.12-2020, CAN/CSA C22.2107.1-1 Features DC connection MC4 connector AC connection OT Terminal (max. 350 MCM) Display LCD Communication RS485, Ethernet, Optional: Wi-Fi, Cellular 712 CC 02-04-2025 712 of 985 sales@alsoenergy.comv22 ©AlsoEnergy, Inc / 5400 Airport Bvd. Ste. 100 Boulder, CO 80301 USA / 866.303.5668 PLCS 400: Power Light Commercial Solution 400 AlsoEnergy’s vertically-integrated, edge-to-cloud platform includes a cost-effective standardized hardware monitoring solution for light commercial PV systems. The PLCS 400 is designed for 3-phase systems with up to 16 external inverters. Performance data is uploaded to the PowerTrack or LocusNOC applications, which provide a suite of tools and analytics for asset managers. A successor for the Locus LGate 320, the PLCS 400 provides direct monitoring of inverters across all supported inverter technologies. DATA SHEET Product Qualifications • PLCS 400 logs data during daylight hours only; for demand metering applications the PL1000 is recommended • PLCS 400 has a fixed range of supported inverter models for clients using LocusNOC software. The full list of supported inverters is https://kb.alsoenergy.com/article. php?id=1418 Standardized PLCS 400 system includes: • DataLogger with LCD touchscreen display • Energy meter with 3 solid core CTs (revenue grade accuracy) • Weather station with irradiance sensor, mounting bracket, and module temperature sensor • 5 port Ethernet switch • NEMA4 weatherproof enclosure • Optional 4G cell modem (requires a cellular plan) Solution Features • Up to 16 external inverters • Modbus via RS-485 or TCP connections to inverters • Cellular or Ethernet connectivity • Remote firmware updates • 5-minute data granularity • Uploads at 2 hour intervals • Satisfies most US agency reporting requirements • For systems up to 325kW utilizing 480V inverters (140kW @ 208V) • All parts covered with standard AlsoEnergy 5-year warranty (excluding irradiance sensor and cell modem) 713 CC 02-04-2025 713 of 985 sales@alsoenergy.comv22 ©AlsoEnergy, Inc / 5400 Airport Bvd. Ste. 100 Boulder, CO 80301 USA / 866.303.5668 ASSEMBLY Enclosure dimensions 15.7" x 15.7" x 7.9" (400mm x 400mm x 200mm) Enclosure rating NEMA4 Operating temperature -13° to 158°F (-25° to 70°C), <95% relative humidity non-condensing Power supply 120-277VAC Ports Three available 10/100 Ethernet ports DATALOGGER Devices supported Up to 16 inverters – only inverters supported as external devices Storage Removable 2GB industrial rated micro SD card Serial RS-485 with integrated 120 ohm termination resistor Primary protocols Modbus TCP, Modbus RTU, most proprietary inverter protocols Touch screen Color, resistive touch screen 2" by 2.75" Warranty Standard 5 year warranty METER Voltage inputs 90-600VAC Accuracy Class 0.5S CTs 3 solid core CTs with 1.25 inch opening; rated input up to 400 Amp CT accuracy ±0.5% revenue grade accuracy Regulatory UL listed 508A Warranty Standard 5 year warranty CELL MODEM Cellular data LTE Cat M1 Warranty 1 year IRRADIANCE SENSOR Pyranometer type Silicon cell with mounting bracket Absolute accuracy ±5% Dimensions 1.12" H x 0.93" D (28.32mm x 23.5mm) Wiring Includes 5 meters of twisted-pair, shielded wire with Santoprene jacket Operating temperature -13° to 131°F (-25° to 55°C) Warranty 1 year against defects in materials and workmanship PANEL TEMPERATURE SENSOR Form Thermal tab disk with 10 ft lead to an outdoor enclosure with a 4-20mA transmitter Sensor type Platinum RTD 1K Mounting Self-adhesive ring for attaching to a solar module Operating temperature -40 to 185°F (-40 to 85°C) Transmitter range Transmitter can be extended 1000 ft from enclosure with 18AWG cable Warranty Standard 5 year warranty Specifications: PLCS-400 / PLCS-400-CM DATA SHEET 714 CC 02-04-2025 714 of 985 PUBLIC WORKS DEPARTMENT • 10300 TORRE AVENUE • CUPERTINO, CALIFORNIA 95014 DESIGN-BUILD CONTRACT DOCUMENTS FOR THE CUPERTINO PHOTOVOLTAIC SYSTEMS DESIGN AND INSTALLATION PROJECT CIP PROJECT NUMBER 2025-02 REVIEWED BY: _______________________________________ Susan Michael, RA, LEED AP, Capital Improvement Programs Manager APPROVED BY: _______________________________________ Chad Mosley, PE, Director of Public Works & City Engineer _____________ 715 CC 02-04-2025 715 of 985 PROJECT DIRECTORY Project Name: Cupertino Photovoltaic Systems Design and Installation project CIP Project Number: 2025-02 Locations: 1. Blackberry Farm Recreation and Pool: 21979 San Fernando Ave, Cupertino, CA 95014 2. Quinlan Community Center: 10185 N Stelling Rd, Cupertino, CA 95014 3. Cupertino Sports Center: 21111 Stevens Creek Blvd, Cupertino, CA 95014 4. Community Hall: 10350 Torre Avenue, Cupertino, CA 95014 5. Cupertino Library: 10800 Torre Avenue, Cupertino, CA 95014 Project Manager: City of Cupertino Susan Michael, CIP Manager Public Works Department 10300 Torre Avenue Cupertino, CA 95014 PH: 408-777-3354 FX: 408-777-3333 e-mail: SusanM@cupertino.gov Address for Stop Notices: City of Cupertino Susan Michael, CIP Manager Public Works Department 10300 Torre Avenue Cupertino, CA 95014 PH: 408-777-3354 FX: 408-777-3333 e-mail: SusanM@cupertino.gov 716 CC 02-04-2025 716 of 985 i TABLE OF CONTENTS Design-Build Contract ................................................................................................................... 1 Payment Bond ................................................................................................................................ 7 Performance Bond ........................................................................................................................ 9 General Conditions ..................................................................................................................... 11 Article 1 – Definitions .................................................................................................................. 11 Definitions ................................................................................................................................ 11 Article 2 – Roles and Responsibilities ...................................................................................... 15 2.1 Relationship with City ................................................................................................. 15 2.2 Scope of Services ....................................................................................................... 15 2.3 Design Services. .......................................................................................................... 15 2.4 Construction Services ................................................................................................ 18 2.5 Subcontractors. ........................................................................................................... 21 2.6 Coordination of Work. ................................................................................................. 22 2.8 Shop Drawings ............................................................................................................ 24 2.9 Access to Work. .......................................................................................................... 24 2.10 Personnel. .................................................................................................................... 24 Article 3 - Contract Documents .................................................................................................. 25 3.1 Contract Documents ................................................................................................... 25 3.2 Order of Precedence ................................................................................................... 25 3.3 Bridging Documents ................................................................................................... 25 3.4 Caltrans Standard Specifications .............................................................................. 25 3.5 For Reference Only ..................................................................................................... 25 3.6 Conformed Copies. ..................................................................................................... 26 Article 4 - Bonds, Indemnity, and Insurance ............................................................................ 26 4.1 Payment and Performance Bonds ............................................................................. 26 4.2 Indemnity and Liability ............................................................................................... 26 4.3 Insurance ..................................................................................................................... 27 Article 5 - Contract Time ............................................................................................................. 30 5.1 Time is of the Essence................................................................................................ 30 5.2 Schedule Requirements ............................................................................................. 31 5.3 Delay and Extensions of Contract Time ................................................................... 32 5.4 Liquidated Damages ................................................................................................... 36 Article 6 - Contract Modification ................................................................................................ 36 6.1 Contract Modification. ................................................................................................ 36 6.2 DBE Change Order Requests .................................................................................... 38 6.3 Adjustments to Contract Price .................................................................................. 38 6.4 Unilateral Change Order ............................................................................................. 39 6.5 Non-Compliance Deemed Waiver .............................................................................. 39 Article 7 - General Construction Provisions ............................................................................. 39 7.1 Permits, Fees, Business License, and Taxes ........................................................... 39 7.2 Temporary Facilities ................................................................................................... 40 7.3 Noninterference and Site-Management .................................................................... 40 7.4 Signs ............................................................................................................................. 41 7.5 Project Site and Nearby Property Protections. ........................................................ 41 7.6 Materials and Equipment ............................................................................................ 42 7.7 Inspection and Testing ............................................................................................... 43 7.8 Project Site Conditions and Maintenance ................................................................ 45 7.9 Instructions and Manuals ........................................................................................... 46 7.11 Existing Utilities .......................................................................................................... 47 7.12 Notice of Excavation ................................................................................................... 48 7.13 Trenching and Excavations of Four Feet or More ................................................... 48 7.14 Trenching of Five Feet or More .................................................................................. 48 717 CC 02-04-2025 717 of 985 ii 7.15 New Utility Connections ............................................................................................. 48 7.16 Lines and Grades. ....................................................................................................... 49 7.17 Historic or Archeological Items ................................................................................. 49 7.18 Recycling and Waste Disposal. ................................................................................. 49 7.19 Storm Water Pollution Control. .................................................................................. 50 7.20 Traffic Control and Public Safety. ............................................................................. 59 7.21 Noise Control. .............................................................................................................. 60 7.22 Fire Protection Plan. ................................................................................................... 60 Article 8 - Payment ...................................................................................................................... 60 8.1 Payment. ...................................................................................................................... 60 8.2 Schedule of Values ..................................................................................................... 60 8.3 Progress Payments ..................................................................................................... 61 8.4 Adjustment of Payment Application ......................................................................... 61 8.5 Early Occupancy. ........................................................................................................ 62 8.6 Retention ...................................................................................................................... 62 8.7 Setoff. ........................................................................................................................... 63 8.8 Payment to Subcontractors and Suppliers .............................................................. 63 8.9 Final Payment .............................................................................................................. 63 8.10 Release of Claims ........................................................................................................ 64 8.11 Warranty of Title .......................................................................................................... 64 Article 9 - Labor Provisions ........................................................................................................ 64 9.1 Discrimination Prohibited........................................................................................... 64 9.2 Labor Code Requirements ......................................................................................... 64 9.3 Prevailing Wages ......................................................................................................... 64 9.4 Payroll Records ........................................................................................................... 65 9.5 Labor Compliance ....................................................................................................... 65 Article 10 - Safety Provisions ..................................................................................................... 65 10.1 Safety Precautions and Programs ............................................................................. 65 10.2 Hazardous Materials ................................................................................................... 66 10.3 Material Safety ............................................................................................................. 66 10.4 Hazardous Condition .................................................................................................. 67 Article 11 - Completion and Warranty Provisions .................................................................... 67 11.1 Final Completion ......................................................................................................... 67 11.2 Warranty ....................................................................................................................... 68 11.3 Use Prior to Final Completion .................................................................................... 69 11.4 Substantial Completion .............................................................................................. 69 Article 12 - Dispute Resolution .................................................................................................. 69 12.1 Claims ........................................................................................................................... 69 12.2 Claims Submission ..................................................................................................... 70 12.3 City’s Response .......................................................................................................... 71 12.4 Meet and Confer .......................................................................................................... 72 12.5 Mediation and Government Code Claims ................................................................. 72 12.6 Tort Claims ................................................................................................................... 73 12.7 Arbitration .................................................................................................................... 73 12.8 Burden of Proof and Limitations ............................................................................... 73 12.9 Legal Proceedings ...................................................................................................... 73 12.10 Other Disputes ............................................................................................................. 73 Article 13 - Suspension and Termination .................................................................................. 73 13.1 Suspension for Cause ................................................................................................ 73 13.2 Suspension for Convenience ..................................................................................... 74 13.3 Termination for Default ............................................................................................... 74 13.4 Termination for Convenience .................................................................................... 75 13.5 Actions Upon Termination for Default or Convenience. ......................................... 76 Article 14 - Miscellaneous Provisions ....................................................................................... 77 14.1 Assignment of Unfair Business Practice Claims ..................................................... 77 14.2 Provisions Deemed Inserted ...................................................................................... 77 718 CC 02-04-2025 718 of 985 iii 14.3 Waiver ........................................................................................................................... 77 14.4 Titles, Headings, and Groupings ............................................................................... 77 14.5 Statutory and Regulatory References ....................................................................... 77 Special Conditions ...................................................................................................................... 78 APPENDIX A: DAVIS – BACON ACT WAGE DETERIMINATION APPENDIX B: EXEMPLAR INSURANCE REQUIREMENTS 719 CC 02-04-2025 719 of 985 Cupertino Photovoltaic Systems Design and Installation Project DESIGN-BUILD CONTRACT Project 2025-02 Page 1 Design-Build Contract This design-build contract (“Contract”) is entered into on this ________ day of ______ 20__ (“Effective Date”) by and between the City of Cupertino (“City”), a municipal corporation, and ________________________________<DBE business name> (“DBE”), a ____________ <type of business entity>, for design and construction of the Cupertino Photovoltaic Systems Design and Installation project (“Project”). RECITALS A. The Project involves design and construction of a photovoltaic systems and related systems at multiple sites owned by the City of Cupertino.. B. Pursuant to § 22164 of the Public Contract Code, City issued a Request for Qualifications (“RFQ”), dated October 10, 2024, to qualify and short-list potential Design-Build Entities for the Project. C. Pursuant to § 22164 of the Public Contract Code, City issued a Request for Proposals (“RFP”), dated November 14, 2024, to short-listed Design-Build Entities, requesting proposals to provide the design-build services (“Services”) for the Project. D. DBE submitted its proposal (“Proposal”) on December 19, 2024 in response to the RFP. City’s evaluation panel determined that DBE’s Proposal offered the best value to the City. E. On January 21, 2025 the City Council awarded the Contract for the Project to DBE and authorized the City to enter into this Contract with DBE. F. City has awarded the Contract for the Project to DBE in reliance on DBE’s representations and qualifications in response to the RFQ and DBE’s Proposal and based on City’s determination that DBE’s Proposal offers the best value under the criteria set forth in the RFP. TERMS AND CONDITIONS The parties agree as follows: 1. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below, all of which are incorporated herein. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract. 1.1 RFP and any addenda thereto, if any; 1.2 RFP Submittal Proposal and attachments thereto (excluding any terms or conditions rejected by the City); 1.3 Contract; and any duly authorized and executed amendments thereto; 1.4 Bridging Documents; 1.5 City of Cupertino Standard Details 1.6 Payment and Performance Bonds; 1.7 General Conditions; 1.8 Special Conditions; 1.9 City-approved Construction Documents 1.10 Change Orders, duly authorized and executed, if any; 1.11 Notice of Potential Award; 1.12 Notice to Proceed with Design Services; 720 CC 02-04-2025 720 of 985 Cupertino Photovoltaic Systems Design and Installation Project DESIGN-BUILD CONTRACT Project 2025-02 Page 2 1.12 Notice to Proceed with Construction Services; and 1.13 The following: _______________________________________________________________ ______________________________________________. <List additional documents here, if any, including the formal title and document date. If there are no additional documents, write “No other documents” in the space above.> 2. Definitions. 2.1 Defined Terms. Capitalized terms that are used in this Contract or elsewhere in the Contract Documents that are not otherwise defined have the same meanings provided for those terms in Article 1 of the General Conditions. 2.2 For Reference Only. The following documents are provided or made available to the DBE “For Reference Only,” as specified in Section 3.5 of the Contract General Conditions: · Facility Record drawings, attached to the 11/14/2024 RFP as Appendix E 3. DBE’s Responsibilities. DBE is responsible for providing the Services necessary to design and construct the Project as required by the Contract Documents. DBE must exercise reasonable skill and judgment in the performance of the Services. DBE must provide, furnish, and supply all services and things necessary and incidental for the timely design, performance and completion of the Project, including provision of all necessary labor, materials, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. DBE must use its best efforts to provide the Services in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. 4. Payment. 4.1 Contract Price. As full and complete compensation for DBE’s timely performance and completion of the Project in strict accordance with the terms and conditions of the Contract Documents, City will pay DBE a lump sum price of $<___________________> (“Contract Price”), which consists of the following components: (A) Design Services. For complete and satisfactory performance of the Design Services, City will pay DBE $<_____________>. (B) Construction Services. For complete and satisfactory performance of the Construction Services, City will pay DBE $<_______________>. 4.2 Scope and Limitations. The Contract Price includes all applicable federal, state, and local taxes and is fully inclusive of all direct and indirect costs, overhead, and profit. The Contract Price is not subject to adjustment due to inflation or due to the increased cost of labor, material, or equipment after the Effective Date. 5. Time for Completion. DBE will achieve Final Completion of the Project within TBD calendar days from the date of the Notice to Proceed with Design Services (“Contract Time”). By signing below, DBE expressly waives any claim for delayed early completion. 6. Liquidated Damages. If DBE fails to achieve Final Completion within the Contract Time, City will assess liquidated damages in the amount of $TBD per day for each day of 721 CC 02-04-2025 721 of 985 Cupertino Photovoltaic Systems Design and Installation Project DESIGN-BUILD CONTRACT Project 2025-02 Page 3 unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to DBE under this Contract. 7. Labor Code Compliance. 7.1 General. The Construction Services, as defined in Article 1 of the General Conditions, are subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions. 7.2 Prevailing Wages. The Construction Services are subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are on file with the City and available online at http://www.dir.ca.gov/DLSR. 7.3 DIR Registration. DBE, members of its Design-Build Team providing Construction Services, and its Subcontractors, and any other business entity or individual providing Construction Services for the Project, must be registered with the California Department of Industrial Relations (“DIR”) to perform public work pursuant to Labor Code § 1725.5. The Construction Services under this Contract are subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code § 1771.4. 7.4 Skilled and Trained Workforce. By executing this Contract, DBE is providing an enforceable commitment pursuant to Public Contract Code § 2602 and § 22614(c), that a “skilled and trained workforce,” as that term is defined in Public Contract Code § 2601, will be used to complete all Services on the Project that fall within an apprenticeable occupation in the building and construction trades, in accordance with Public Contract Code § 2600 et seq. DBE, members of the Design-Build Team providing Construction Services, and Subcontractors of every tier will comply with these requirements. DBE will provide City with a monthly report while the Project is being constructed evidencing that the DBE, its Design-Build Team (as applicable), and Subcontractors are complying with this requirement. 8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, DBE certifies as follows: “I am aware of the provisions of Labor Code § 3700 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 provisions before commencing the performance of the Services on this Contract.” 9. Conflicts of Interest. DBE, members of the Design-Build Team, Subcontractors, and their respective employees and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement or in violation of any California law, including Government Code section 1090 et seq., or the Political Reform Act, as set forth in Government Code section 81000 et seq. and its accompanying regulations. No officer, official, employee, consultant, or other agent of the City (“City Representative”) may have, maintain, or acquire a “financial interest” in the Contract, as that term is defined under the Political Reform Act (Government Code section 81000, et seq., and regulations promulgated thereunder); or under Government Code section 1090, et seq.; or in violation of any City ordinance or requirement while serving as a City Representative or for one year thereafter. Any violation of this Section constitutes a material breach of the Contract. 722 CC 02-04-2025 722 of 985 Cupertino Photovoltaic Systems Design and Installation Project DESIGN-BUILD CONTRACT Project 2025-02 Page 4 10. Independent Contractor. DBE is an independent contractor under this Contract and will have control of the Services and the manner in which they are performed. DBE, members of the Design- Build Team, and its Subconsultants and Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City. 11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows: City: Name: City of Cupertino, Department of Public Works Address: 10300 Torre Avenue City/State/Zip: Cupertino, CA 95014 Phone: (408) 777-3354 Attn: Susan Michael, CIP Manager Email: SusanM@Cupertino.gov Copy to: PWInvoices@cupertino.gov DBE: Name:_____________________________________ Address:___________________________________ City/State/Zip:_______________________________ Phone:_____________________________________ Attn:_______________________________________ Email:______________________________________ Copy to:____________________________________ 12. General Provisions. 12.1 Assignment and Successors. DBE may not assign its rights or obligations under this Contract, in part or in whole, without City’s prior written consent. This Contract is binding on DBE’s lawful heirs, successors and permitted assigns. 12.2 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Contract. 12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place. DBE waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside Santa Clara County, California. 12.4 Amendment. With the exception of unilateral Change Orders issued by City pursuant to Section 6.4 of the General Conditions, no amendment or modification of this Contract will be binding unless it is in a Change Order duly authorized and signed by the parties to this Contract. 12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and DBE. 723 CC 02-04-2025 723 of 985 Cupertino Photovoltaic Systems Design and Installation Project DESIGN-BUILD CONTRACT Project 2025-02 Page 5 12.6 Severability. If any provision of the Contract Documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract Documents will remain in full force and effect. 12.7 Iran Contracting Act. DBE certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. 12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If DBE is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313. [Signatures are on the following page.] 724 CC 02-04-2025 724 of 985 Cupertino Photovoltaic Systems Design and Installation Project DESIGN-BUILD CONTRACT Project 2025-02 Page 6 The parties agree to this Contract as witnessed by the signatures below: CITY: Approved as to form: s/_______________________________ s/__________________________________ ________________________________ ___________________________________ Name, Title Name, Title Date: ___________________________ Date: ______________________________ Attest: s/_______________________________ _________________________________ Name, Title Date: ___________________________ DESIGN-BUILD ENTITY: ___________________________________________________ Business Name s/_______________________________ Seal: _________________________________ Name, Title Date: ____________________________ Second Signature (See Section 12.8): s/_______________________________ _________________________________ Name, Title Date: ____________________________ ___________________________________________________ Contractor’s California License Number(s) and Expiration Date(s) END OF CONTRACT 725 CC 02-04-2025 725 of 985 Cupertino Photovoltaic Systems Design and Installation Project PAYMENT BOND Project 2025-02 Page 7 Payment Bond The City of Cupertino (“City”) and ________________________ (“DBE”) have entered into a design-build contract, dated _________________, 20___ (“Contract”) for design-build delivery of the Cupertino Photovoltaic Systems Design and Installation Project (“Project”). The Contract is incorporated by reference into this Payment Bond (“Bond”). 1. General. Under this Bond, DBE as principal and ____________________________, its surety (“Surety”), are bound to City as obligee in an amount not less than $_________________, based on 100% of the Construction Services price as specified in Section 3 of the Contract (and as defined in Article 1 of the Contract General Conditions), under California Civil Code § 9550 et seq., to ensure payment to authorized claimants. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and DBE. 2. Surety’s Obligation. If DBE or any of its contractors or subcontractors fails to pay any person authorized in California Civil Code § 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of DBE and its contractors or subcontractors, under California Unemployment Insurance Code § 13020, with respect to the work and labor, then Surety will pay the obligation. 3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code § 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. DBE must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond. 4. Duration. If DBE promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect. 5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. City waives the requirement of a new bond for any supplemental contract under Civil Code § 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________ 6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Santa Clara County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond. [Signatures are on the following page.] 726 CC 02-04-2025 726 of 985 Cupertino Photovoltaic Systems Design and Installation Project PAYMENT BOND Project 2025-02 Page 8 7. Effective Date; Execution. This Bond is entered into and is effective on __________, 20__. SURETY: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title APPROVED BY CITY: s/ __________________________________ ______________________________ Date ____________________________________ Name, Title END OF PAYMENT BOND 727 CC 02-04-2025 727 of 985 Cupertino Photovoltaic Systems Design and Installation Project PERFORMANCE BOND Project 2025-02 Page 9 Performance Bond The City of Cupertino (“City”) and __________________________ (“DBE”) have entered into a design-build contract, dated _________________, 20____ (“Contract”) for design-build delivery of the Cupertino Photovoltaic Systems Design and Installation Project (“Project”). The Contract is incorporated by reference into this Performance Bond (“Bond”). 1. General. Under this Bond, DBE as Principal and ___________________________, its surety (“Surety”), are bound to City as obligee for an amount not less than $__________________, based on 100% the Construction Services price as specified in Section 3 of the Contract (and as defined in Article 1 of the Contract General Conditions), to ensure DBE’s faithful performance of its obligations under the Contract. By executing this Bond, DBE and Surety bind themselves and their respective heirs, executors, administrators, successors, and assigns, jointly and severally, to the provisions of this Bond. 2. Surety’s Obligations. Surety’s obligations are co-extensive with DBE’s obligations under the Contract. If DBE fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety’s obligations under this Bond will become null and void. Otherwise Surety’s obligation will remain in full force and effect. 3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of the Construction Services or extensions of time for performance of the Construction Services under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. 4. Application of Contract Balance. Upon making a demand on this Bond, City will make the Contract Balance available to Surety for completion of the Construction Services under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to DBE as the Construction Services price minus amounts already paid to DBE for the Construction Services, and minus any liquidated damages, credits, or back charges to which City is entitled under the terms of the Contract. 5. DBE Default. Upon written notification from City of DBE’s termination for default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action: 5.1 Arrange for completion of the Construction Services under the Contract by DBE, with City’s consent, but only if DBE is in default solely due to its financial inability to complete the Construction Services; 5.2 Arrange for completion of the Construction Services under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety’s expense; or 5.3 Waive its right to complete the Construction Services under the Contract and reimburse City the amount of City’s costs to have the remaining Construction Services completed. 6. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety’s default, including legal, design professional, or delay costs. 728 CC 02-04-2025 728 of 985 Cupertino Photovoltaic Systems Design and Installation Project PERFORMANCE BOND Project 2025-02 Page 10 7. Notice. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows: Attn: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________ 8. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Santa Clara County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond. 9. Effective Date; Execution. This Bond is entered into and effective on ____________________, 20___. SURETY: ________________________________________________________ Business Name s/ _______________________________________________________________ ________________________________________________________________ Name/Title (Acknowledgment with Notary Seal for Surety and Surety’s Power of Attorney must be attached.) DBE: ___________________________________________________________ Business Name s/ _______________________________________________________________ ________________________________________________________________ Name/Title Date: _____________________ s/ _______________________________________________________________ ________________________________________________________________ Name/Title Date: _____________________ END OF PERFORMANCE BOND 729 CC 02-04-2025 729 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 11 General Conditions Article 1 – Definitions Definitions. The following definitions apply to all of the Contract Documents unless otherwise indicated, e.g., additional definitions that apply solely to the Specifications or other technical documents. Defined terms and titles of documents are capitalized in the Contract Documents, with the exception of the following (in any tense or form): “day,” “furnish,” “including,” “install,” “work day” or “working day.” Allowance means a specific amount that must be included in DBE's Proposal for a specified purpose (if applicable). Architect of Record means the architect retained by DBE with authority to stamp the final Construction Documents provided by DBE. Article, as used in these General Conditions, means a numbered Article of the General Conditions, unless otherwise indicated by the context. Bridging Documents means the documents containing City’s design and construction criteria for the Project as further detailed in Article 3, and as attached to or incorporated into the RFP, including any City-approved modifications thereto. Change Order means a written document duly approved and executed by City, which changes the scope of Services or Work, the Contract Price, or the Contract Time. City means the City of Cupertino, acting through its City Council, officers, employees, City Engineer, and any other authorized representatives. City Engineer means the City Engineer for City and his or her authorized delegee(s). Claim means a separate demand by DBE for a change in the Contract Time or Contract Price, that has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been rejected by City, in whole or in part; or a written demand by DBE objecting to the amount of Final Payment. Construction Documents means the final City-approved Design Documents for constructing the Project. Construction Manager means the designated representative(s) of the City, which are retained under separate contract with the City to provide construction management services for the Project, including but not limited to Construction Inspection Services.. Construction Phase means the period during which Work is performed to construct the Project, beginning with City's issuance of a Notice to Proceed with Construction Services. Construction Services means all of the Work required to construction the Project based on the City-approved Design Documents, excluding the Design Services, but including all of the services required to be provided or customarily provided by or under the direction of a licensed general contractor. Contract means the signed design-build contract between City and DBE and the Contract Documents incorporated therein. 730 CC 02-04-2025 730 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 12 Contract Documents means, collectively, all of the documents listed in Section 1 of the Contract. Contract Price means the total compensation to be paid to DBE for performance of the Design Services and the Construction Services as set forth in Section 3 of the Contract and as may be amended by Change Order. Contract Time means the time specified for completion of the Project, as set forth in Section 4 of the Contract and as may be amended by Change Order. Day means a calendar day unless otherwise specified. Design-Build Entity (or DBE) means the corporation, limited liability company, partnership, joint- venture, or other legal entity that provides appropriately licensed contracting, architectural, and engineering services pursuant to the Contract and DBE’s Proposal. Design-Build Team (or DB Team) means the DBE itself and the other individuals and entities identified in DBE’s Proposal as members of its DB Team, including the general contractor and required Subcontractors. Design Development Documents means intermediate design documents based on the Bridging Documents. Design Documents means, collectively, the City-approved plans and specifications developed for construction of the Project based on the Bridging Documents, including Design Development Documents, and Construction Documents. Design Phase means the period during which the Design Services are provided, which begins upon the City's issuance of a Notice to Proceed with Design Services and concludes upon City approval of the final Construction Documents. Design Professional means any architect, including the Architect of Record, engineer, landscape architect, or land surveyor licensed and in good standing under the applicable provisions of the California Business and Professions Code, who is retained or employed by DBE to provide Design Services for the Project, based on his or her licensed authority. Design Services means all services necessary to design the Project in conformance with the Bridging Documents, including development of the Design Documents and all services required to be provided by or customarily provided under the direction of a licensed architect or other Design Professional, including services provided by Design Professionals during the Design Phase and Construction Phase and Pre-Construction Services, but excluding the Construction Services. DIR means the California Department of Industrial Relations. Engineer means the City Engineer for the City of Cupertino and his or her authorized delegees. Engineer of Record means the engineer retained by DBE with authority to stamp the final Construction Documents provided by DBE. Excusable Delay is defined in Section 5.3(B), Excusable Delay. Final Completion means DBE has fully completed all of the Work required by the Contract Documents, including all punch list items and commissioning, and has provided all required submittals, including the instructions and manuals, and as-built drawings to City’s satisfaction. 731 CC 02-04-2025 731 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 13 Final Payment means City’s payment to DBE of the unpaid Contract Price, following City acceptance of the Project, including release of undisputed retention, but excluding amounts withheld pursuant to the Contract Documents, including liquidated damages, up to 125% of the amount of any unreleased stop notice, amounts subject to setoff, and up to 150% of any amount in dispute as authorized by Public Contract Code § 7107. Furnish means to purchase and deliver for the Project. Government Code Claim means a claim submitted pursuant to California Government Code § 900 et seq. Hazardous Materials means any substance or material identified now or in the future as hazardous under any Laws, or any other substance or material that may be considered hazardous or otherwise subject to Laws governing handling, disposal, or cleanup. Including, whether or not capitalized, means “including, but not limited to,” unless the context requires otherwise. Inspector means the individual(s) or firm(s) retained by City to inspect the workmanship, materials, and manner of construction of the Project and its components to ensure compliance with the Contract Documents and all Laws. Install means to fix in place for materials, and to fix in place and connect for equipment. Laws means all applicable local, state, and federal laws, regulations, rules, codes, ordinances, permits, orders, and the like enacted or imposed by or under the auspices of any governmental entity with jurisdiction over the Project or any portion of the Project. Non-Excusable Delay is defined in Section 5.3(C), Non-Excusable Delay. Pre-Construction Services mean those Services which are preliminary to commencement of the Construction Services, including, but not limited to, investigation and preparatory work, constructability assessment, cost estimating, value engineering, provision of schedules, and all activities to ensure seamless transition of the Project through design to the start of construction, such as timely execution of any and all communications, notifications, and meetings necessary to convey information and respond to questions during this phase. Project means the Cupertino Photovoltaic Systems Design and Installation Project. Project Manager means the individual designated by City to oversee and manage the Project on City’s behalf and may include his or her authorized delegee(s) when the Project Manager is unavailable. If no Project Manager has been designated for this Project, any reference to Project Manager is deemed to refer to the Engineer. Proposal means the Proposal dated <_____________, 2024>, submitted by DBE in response to City’s Request for Proposals. Recoverable Costs is defined in Section 5.3(G), Recoverable Costs. Request for Proposals (or RFP) means the request for proposals issued by City on November 15, 2024, soliciting proposals for design-build delivery of this Project, and includes any addenda thereto. Section when used in these General Conditions, means a numbered Section of the General Conditions, unless otherwise indicated by the context. 732 CC 02-04-2025 732 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 14 Services means, collectively, all of the Design Services and all of the Construction Services which must be performed to completely design and construct the Project in accordance with the Contract Documents, including labor, materials, supplies, and equipment. Skilled and Trained Workforce has the same meaning as subdivision (d) of Public Contract Code § 2601. Specifications, whether or not capitalized, means the technical specifications in the City- approved final Construction Documents for the Project, unless otherwise indicated by the context (e.g., development of specifications for approval during the Design Phase). Subcontractor means all licensed contractors, of any tier, retained by DBE or any member of the DB Team to provide the Construction Services. Subconsultant means any professional retained by DBE or a member of the DB Team to provide Services other than Construction Services. Work means all of the Services necessary for or incidental to completing the Project based on the City-approved Construction Documents in conformance with the requirements of the Contract Documents. Work Day or Working Day, whether or not capitalized, means a weekday when the City is open for business, and does not include holidays observed by the City or furlough days when City staff is unavailable. If a holiday falls on a Saturday, the preceding Friday will be the holiday. If a holiday falls on a Sunday, the following Monday will be the holiday. Holidays observed by the City and furlough days are: a. New Year’s Day, January 1; b. Martin Luther King Jr.’s Birthday, third Monday in January; c. Lunar New Year, date varies, approximately the first week in February; d. Presidents’ Day, third Monday in February; e. Cesar Chavez Day, March 31 or April 1 observed f. Memorial Day, last Monday in May; g. Juneteenth, June 19 h. Independence Day, July 4; i. Labor Day, first Monday in September; j. Veterans’ Day, November 11; k. Thanksgiving Day, as designated by the President; l. The Day following Thanksgiving Day; m. Christmas Day, December 25; n. City Closure, December 24, 26, 27,28,29,30 and 31: and each day appointed by the Governor of California and formally recognized by the Santa Clara County Board of Supervisors as a day of mourning, thanksgiving, or special observance. Worksite means the place or places where the Work is performed, which includes, but may extend beyond the Project site, including separate locations for staging, storage or fabrication. 733 CC 02-04-2025 733 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 15 Article 2 – Roles and Responsibilities 2.1 Relationship with City. DBE accepts the relationship of trust and confidence established between it and City under this Contract. DBE agrees to provide the Services necessary for the complete design and construction of the Project and to use its best efforts to complete the Project in the best and soundest way and in the most efficient and economical manner consistent with the City’s objectives as expressed in the RFP and Bridging Documents, and in compliance with Laws. (A) Acting on Behalf of City Prohibited. Neither DBE, members of the DB Team, nor any of their agents or employees may act on behalf of or in the name of City except as authorized in writing by City. (B) Conflicts of Interest. DBE must perform its obligations with integrity and avoid conflicts of interest in violation of Laws, including conflicts of interest pertaining to any person or entity that provided services to the City relating to the solicitation of design- build services. (See Public Contract Code § 22162.) (C) City Representatives. The City Engineer, acting within the authority conferred by the City Council, has primary responsibility for Project administration. The City Engineer’s decisions are final and conclusive within the scope of his or her authority, including interpretation of the Contract Documents. The Project Manager assigned by the City will have primary responsibility for daily administration of the Project, assisted by the Construction Manager. The Construction Manager will be the DBE's primary point of contact for communication and submittals. Unless otherwise specified, all communications and submittals (in any form) should be directed to the Construction Manager and copied to the Project Manager. City reserves the right to reassign or replace the Project Manager or Construction Manager at any time or to delegate his or her duties to additional City representatives without prior notice to or consent of the DBE. 2.2 Scope of Services. DBE is responsible for procuring or providing all of the Services necessary for the Project as specified in the Contract Documents, including all labor, materials, equipment and incidentals necessary to timely complete the Project in strict accordance with the Contract Documents and with minimal inconvenience or risk to the public. DBE must exercise reasonable skill and judgment in the procurement and provision of the Services, consistent with the applicable industry practices, Laws, and the terms and conditions of the Contract Documents. 2.3 Design Services. DBE must provide all architectural, engineering, and related professional services necessary for the Project during both the Design Phase and the Construction Phase, including design of the Project based on the Contract Documents, which may include development or preparation of plans, sections, and elevations; criteria and sizing of components; equipment sizes, capacities, and layouts; typical details; materials selections; investigation of or measured drawings of existing conditions or improvements; verification of the accuracy of any City-provided drawings (including the Bridging Documents) or other information on existing conditions; surveys; site evaluations; cost estimates; Pre-Construction Services; and preparation of models, renderings, or mock-ups. (A) Design Professionals. Architectural, landscape architectural, engineering, and land surveying services must be provided by licensed, independent Design Professionals employed by or retained by DBE or members of the DBE Team, or as permitted by Laws. DBE may not engage the services of any Design Professional for this Project, including but not limited to firms or individuals serving as Architect of Record or Engineer of Record, or providing other Design Services, without obtaining City’s prior written approval, which approval will not be unreasonably withheld. City’s approval will not be 734 CC 02-04-2025 734 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 16 deemed to create any contractual relationship between City and any such Design Professional, except that City must be considered a third-party beneficiary of the Design Professional’s services for the Project. City’s approval of the Construction Documents will not operate to shift liability for errors and omissions from DBE to City. DBE is solely responsible for any and all costs incurred due to errors and omissions in the Construction Documents. (1) Bridging Documents. All Design Services must be consistent with and guided by the Bridging Documents. (2) Ongoing Design Services. The Design Professional(s) must provide ongoing Design Services as needed during the Construction Phase, including interpretation and clarification of all drawings and specifications prepared by the Design Professional(s), and preparation of documents for proper execution of the Work, including Change Orders. (B) Project Schedule. Within 10 days following the date of the City’s Notice to Proceed with Design Services, DBE must prepare, and submit for City’s review and approval, a preliminary Project Schedule showing the timing and sequencing of all Services required to design and construct the Project. The preliminary Project Schedule should include development and approval of Design Documents; DBE’s procurement of permits and utility services; procurement of Subcontractors; submission and approval of construction cost estimate updates; construction; Final Completion; submission of as- builts; as well as any other milestones applicable to the Project as may be further specified in the Notice to Proceed with Design Services. (1) Schedule Updates. The Project Schedule must be updated for City’s review and approval as further specified in the Contract Documents. (2) Assumptions for City Review Times. The Project Schedule and all updates should reflect the following assumptions for City review: (a) Assume a minimum review period of one week following submittal of 100% Design Development Documents and 100% Construction Documents pursuant to subsection (C), below, plus an additional week to revise and resubmit if requested by City. (b) Assume a minimum review period of one week following submittal of any permit drawings, plus an additional week to revise and resubmit if requested by City. (c) Assume the following City Building Department plan check review periods for all required permits (including trade permits): 21 calendar days for initial plan check review, and 15 calendar days for each subsequent review. (d) The assumptions set forth above are provided solely for scheduling purposes and do not bind the City to complete its review of any submittal within the assumed time, and the assumed times do not account for delays attributable to DBE's incomplete or non-compliant submittals. (C) Design Documents. DBE must prepare, and submit for City’s review and approval, Design Documents based on and consistent with the Bridging Documents. Any deviation from or inconsistency from the Bridging Documents must be approved in writing in advance by City. The Design Documents must also comply with City’s Standard Details, to the extent applicable to the Project, as determined by the Engineer. The 735 CC 02-04-2025 735 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 17 Design Documents must be developed and submitted for City’s review and approval at completion of each design phase as specified below. City’s approval of the Design Documents at any phase, including final approval of the Construction Documents, does not operate as a waiver of any deviations from the Bridging Documents that specifically were not approved by City. City retains the right at all times to condition approval on design modifications to ensure the Project is completed within budget and suited for its intended purposes. (1) Contents. The Construction Documents must set forth in detail the quality levels of and the requirements for construction of the Project and must comply with all applicable Laws in effect at the time of their preparation. (2) Design Documents Development. When submitting the Design Documents to City at each stage of development, DBE must identify in writing all material changes and deviations from the Bridging Documents or previously approved version of the Design Documents. Two printed sets and one reproducible set of Design Documents must be provided to City at each submittal. Each submittal and resubmittal must be accompanied by an updated version of the Project Schedule required pursuant to Section 2.3(B), above, clearly indicating and explaining any modifications from the prior schedule submission. DBE must submit Design Documents to City for City’s review and approval as follows: (a) Design Development Phase (100%). Within 5 weeks after City's after issuance of the Notice to Proceed with Design Services, DBE must submit Design Development Documents, including and incorporating all City modifications, as applicable. The Design Development Documents should include, at a minimum, more detailed site improvement plans, plans, sections, elevations with full dimensions, details, and outline material specifications. Following City review, DBE must incorporate any modifications, additions or deletions required by City prior to the next submission. (b) Construction Document Phase (100%). Within 12 weeks after City's approval or conditional approval of the Design Development Documents, DBE must submit Construction Documents for approval by City. The Construction Documents should include all pertinent details and information for planning review, permitting, and construction of the Project. Following City review and comment, DBE must incorporate any modifications, additions or deletions required by City before resubmitting the Construction Documents for final approval. DBE may not proceed with any of the Construction Services until City has approved the Construction Documents as final and issued the Notice to Proceed with Construction Services, unless and to the extent that City provides written authorization for DBE to commence specific portions of the Work, e.g., preliminary site work, prior to final approval. (3) Substitutions. Any specification in the Bridging Documents or in the City- approved final Construction Documents designating a material, product, thing or service (collectively, an “item”) by specific brand or trade name, followed by the words “or equal,” is intended only to indicate quality and type of item desired, and DBE may request use of any equal item. A request for substitution of an item specified in the Bridging Documents must be submitted to City for approval with the Design Development Documents. All data substantiating the proposed substitute as an equal item must be submitted with the written request for substitution. DBE has the burden of proving the equality of the proposed 736 CC 02-04-2025 736 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 18 substitution. The City has sole discretion to determine whether a proposed substitution is equal, and the determination is final. (D) Ownership of Documents. No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. DBE is deemed to have conveyed the copyright in any Design Documents (at any stage of development), Shop Drawings, as-builts, or other documents (in paper or electronic form) developed by DBE for the Project, and City will retain all rights to such works, including the right to possession. (1) Ownership of Tangible Documents. City must receive ownership of all documents, plans, drawings, specifications, electronic data and information prepared, provided or procured by DBE, as part of the Design Services. · Electronic computer-aided design (CAD) files of all drawings and specifications are required deliverables at 100% design development and 100% construction document phases. If the project CAD files were created in Revit or similar Building Information 3D modeling (BIM) software, the deliverables at each phase shall include the Revit model as well as CAD files exported from that model. If the project CAD files were created in AutoCAD or similar 2D modeling software, the deliverables at each phase shall include the CAD files with all X references bound (sic: binding) to the files. · All CAD and BIM files delivered by the DBE shall adhere to the specified project standards, including accurate geometry, consistent naming conventions, proper layer organization, and appropriate levels of detail (LOD), ensuring compatibility with project workflows and facilitating seamless integration with other disciplines; any discrepancies or quality issues shall be subject to review and correction by the City or designated representative, with non-compliant files requiring revision until meeting the defined quality standards. (2) Use of Documents in Event of Termination. In the event of a termination of this Contract, City will have the right to use, to reproduce, and to make derivative works of the Design Documents (at any stage of development) to complete the Project. (3) City’s Use of Documents After Completion of Project. After completion of the Project, City may reuse, reproduce or make derivative works from the Construction Documents for the purposes of maintaining, renovating, remodeling or expanding the Project at the Worksite. (4) Right to Use. DBE will obtain from its Subcontractors and Subconsultants rights and rights of use that correspond to the rights given by DBE to City in this Contract and DBE must provide evidence that such rights have been secured. (E) Subconsultants. DBE must provide duly qualified, licensed, and competent Subconsultants, administration, staff, and skilled workforce necessary to perform and timely complete the Design Services in accordance with the Contract Documents. 2.4 Construction Services. DBE must provide all Construction Services and Work necessary for the Project, including hiring and coordination of all Subcontractors, close- out services, and warranty work. 737 CC 02-04-2025 737 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 19 (A) General. DBE must provide all labor, materials, equipment and services necessary to perform and timely complete the Work in strict accordance with the Contract Documents, and in an economic and efficient manner in the best interests of City. (B) Responsibility for the Work and Risk of Loss. DBE is responsible for supervising and directing all aspects of the Work to facilitate the efficient and timely completion of the Work. DBE is solely responsible for, and required to exercise full control over, construction means, methods, techniques, sequences, procedures, and coordination of all portions of the Work, except to the extent that the Contract Documents provide other specific instructions. DBE’s responsibilities extend to any plan, method or sequence suggested, but not required by City or specified in the Contract Documents. From the date of commencement of the Work until either the date on which City formally accepts the Project or the effective date of termination of the Contract, whichever is later, DBE bears all risks of injury or damage to the Work and the materials and equipment delivered to any Worksite, by any cause including fire, earthquake, wind, weather, vandalism or theft. (C) Construction Administration. DBE must provide sufficient and competent Subcontractors, administration, staff, and Skilled and Trained Workforce necessary to perform and timely complete the Construction Services in accordance with the Contract Documents. Before starting the Work, DBE must designate in writing and provide complete contact information, including telephone numbers and email address, for the officer or employee in DBE’s organization who is to serve as DBE’s primary representative for the Project, and who has authority to act on DBE’s behalf. A Subcontractor may not serve as DBE’s primary representative. (D) On-Site Superintendent. DBE must, at all times during performance of the Construction Services, provide a qualified full-time superintendent acceptable to City, and assistants, as necessary, who must be physically present at the Project site while any aspect of the Work is being performed. The superintendent must have full authority to act and communicate on behalf of DBE, and DBE will be bound by the superintendent’s communications to City. City’s approval of the superintendent is required before the Construction Phase commences. If, at any time, City is not satisfied with the superintendent’s performance, City may request a qualified replacement of the superintendent. Failure to comply may result in temporary suspension of the Work, at DBE’s sole expense and with no extension of Contract Time, until an approved superintendent is physically present to supervise the Work. DBE must provide written notice to City, as soon as practicable, before replacing the superintendent. (E) Standards. DBE must, at all times, ensure that the Work is performed in a good workmanlike manner and in full compliance with the Contract Documents and all applicable Laws and applicable manufacturer’s recommendations. DBE has a material and ongoing obligation to provide true and complete information, to the best of its knowledge, with respect to all records, documents, or communications pertaining to the Project, including oral or written reports, statements, certifications, Change Order requests, or Claims. (F) Meetings. DBE, its project manager, superintendent, and any primary Subcontractors and suppliers requested by City, must attend a Preconstruction Conference before beginning Work on the Project, and will also be required to attend regular progress meetings, as further specified below and as may be otherwise specified in the Notice to Proceed with Construction Services. City will notify DBE in advance of the date, time, place and required attendees for the Preconstruction Conference and progress meetings and will provide and administer the agenda. DBE is responsible for notifying its major Subcontractors and suppliers, and other required attendees, as applicable, of the date, time and place for the Preconstruction Conference and progress 738 CC 02-04-2025 738 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 20 meetings; for providing them with the City’s agenda; and for requiring their attendance at these meetings. If applicable, DBE may also be required to participate in coordination meetings with other parties relating to other work being performed on or near the Project site or in relation to the Project, including work or activities performed by City, other contractors, or other utility owners. (1) Preconstruction Conference. The Preconstruction Conference agenda items may include schedules, personnel and vehicle permit procedures, use of the premises, locations for staging area(s) and jobsite trailers, security, housekeeping, submittal and RFI procedures, Project forms and procedures, inspection and testing procedures, utility shutdown procedures, control and reference point procedures, injury and illness prevention program, DBE’s schedule of values, DBE’s schedule of submittals, and such other matters that the City deems necessary to address before the Work begins. (2) Progress Meetings. During the course of the Construction Phase, progress meetings will be conducted on a weekly basis by the City and at DBE’s on-site office, unless otherwise specified. Progress meeting agenda items may include review of past meeting minutes, review of Work in progress since previous progress meeting, schedule status and updates, status of submittals or change orders, worker safety, and other such matters pertaining to the progress of the Work. (G) Responsible Party. DBE is solely responsible to City for the acts or omissions of any party or parties performing portions of the Work or providing equipment, materials or services for or on behalf of DBE or its Subcontractors. Upon City’s written request, DBE must promptly and permanently remove from the Project, at no cost to City, any employee or Subcontractor or employee of a Subcontractor who the City Engineer has determined to be incompetent, intemperate or disorderly, or who has failed or refused to perform the Work as required under the Contract Documents. (H) Correction of Defects. DBE must promptly correct, at DBE’s sole expense, any Work that is deficient or defective in any way, including workmanship, materials, parts or equipment. Workmanship, materials or equipment that do not conform to the requirements under the Contract Documents, as determined by City, will be considered defective and subject to rejection. DBE must also promptly correct, at Contractor’s sole expense, any Work performed beyond the lines and grades authorized or approved by City, and any Extra Work performed without City’s prior written approval. If DBE fails to correct or to take reasonable steps toward correcting defective Work within five days following notice from City, or within the time specified in City’s notice to correct, City may elect to have the defective Work corrected by its own forces or by a third party, in which case the cost of correction will be deducted from the Contract Price. If City elects to correct defective Work due to DBE’s failure or refusal to do so, City or its agents will have the right to take possession of and use any equipment, supplies, or materials available at the Project site or any Worksite on City property, in order to effectuate the correction, at no extra cost to City. DBE’s warranty obligations under Section 11.2, Warranty, will not be waived nor limited by City’s actions to correct defective Work under these circumstances. Alternatively, City may elect to retain defective Work, and deduct the difference in value, as determined by the Engineer, from payments otherwise due to DBE. This paragraph applies to any defective Work performed by DBE during the one- year warranty period under Section 11.2. (I) Daily Reports. DBE must keep such full and detailed accounts as may be necessary for proper financial management under this Contract. City must be afforded access to all DBE's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda and similar data relating to Change Order work performed on the 739 CC 02-04-2025 739 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 21 basis of actual cost. DBE must preserve all such records for a period of four years after the final payment or longer where required by Laws. (J) DBE’s Reports. DBE must provide periodic written reports to City on the progress of the Work in such detail as is required by City and as agreed to by City and DBE. (K) DBE’s Records. DBE must maintain all of its records relating to the Project in any form, including paper documents, photos, videos and electronic records. Project records subject to this provision include, but are not limited to, daily reports, Project cost records and records relating to preparation of DBE’s Proposal. (1) DBE’s cost records must include all supporting documentation, including original receipts, invoices, and payroll records, evidencing its direct costs to perform the Work, including, but not limited to, costs for labor, materials and equipment. Each cost record should include, at a minimum, a description of the expenditure with references to the applicable requirements of the Contract Documents, the amount actually paid, the date of payment, and whether the expenditure is part of the original Contract Price, related to an executed Change Order, or otherwise categorized by DBE as extra work. DBE’s failure to comply with this provision as to any claimed cost operates as a waiver of any rights to recover the claimed cost. (2) DBE must continue to maintain its Project records in an organized manner for a period of four years after City’s acceptance of the Project or following termination, whichever occurs first. Subject to prior notice to DBE, City is entitled to inspect or audit any of DBE’s Project records relating to the Project or to investigate DBE’s plant or equipment during DBE’s normal business hours. (L) Copies of Contract Documents. DBE and its Subcontractors must keep copies, at the Project site, of all Work-related documents, including the Contract, permit(s), Construction Documents, Contract amendments, Change Orders, RFIs and RFI responses, Shop Drawings, as-built drawings, schedules, daily reports, testing and inspection reports or results, and any related written interpretations. These documents must be available to City for reference at all times during construction of the Project. (M) Construction Records. DBE will maintain up-to-date, thorough, legible, and dated daily job reports, which document all significant activity on the Project for each day that Work is performed on the Project. The daily report for each day must include the number of workers at the Project site; primary Work activities; major deliveries; problems encountered, including injuries, if any; weather and site conditions; and delays, if any. DBE will take date and time-stamped photographs to document general progress of the Project, including site conditions prior to construction activities, before and after photographs at offset trench laterals, existing improvements and utilities, damage and restoration. DBE will maintain copies of all subcontracts, Project-related correspondence with subcontractors, and records of meetings with Subcontractors. Upon request by the City, DBE will permit review of and/or provide copies of any of these construction records. 2.5 Subcontractors. (A) General. All Work which is not performed by DBE with its own forces will be performed by its Subcontractors. Except for Subcontractors listed in the DBE’s Proposal, DBE must award subcontracts with a value exceeding one half of one percent of the Contract Price for Construction Services in compliance with Public Contract Code § 22166(b), including public notice. All Subcontractors bidding on contracts for the Work 740 CC 02-04-2025 740 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 22 must be afforded the protections contained in the Subletting and Subcontracting Fair Practices Act (Public Contract Code § 4100 et seq.). DBE must provide each Subcontractor with a complete set of the Construction Documents and any approved modifications thereto. City reserves the right to approve or reject any and all Subcontractors proposed to perform the Work. (B) Contractual Obligations. DBE must require every Subcontractor to be bound to the provisions of the Contract Documents as they apply to the Subcontractor’s portion(s) of the Work, and to likewise bind their subcontractors or suppliers. DBE will provide that the rights that each Subcontractor may have against any manufacturer or supplier for breach of warranty or guarantee relating to items provided by the Subcontractor for the Project, will be assigned to City. Nothing in these Contract Documents creates a contractual relationship between a Subcontractor and City, but City is deemed to be a third-party beneficiary of the contract between DBE and each Subcontractor. (C) Termination. If the Contract is terminated, each Subcontractor’s agreement must be assigned by DBE to City, subject to the prior rights of any surety, but only if and to the extent that City accepts, in writing the assignment by written notification, and assumes all rights and obligations of DBE pursuant to each such subcontract agreement. (D) Substitution of Subcontractor. If DBE requests substitution of a listed Subcontractor under Public Contract Code § 4107, DBE is solely responsible for all costs City incurs in responding to the request, including legal fees and costs to conduct a hearing, and DBE is also solely responsible for any resulting increase in subcontracting costs. 2.6 Coordination of Work. (A) Concurrent Work. City reserves the right to perform or to have performed other work on or adjacent to the Project site while the Work is being performed. DBE is responsible for coordinating its Work with other work being performed on or adjacent to the Project site, and must avoid hindering, delaying, or interfering with the work of other contractors and subcontractors. To the full extent permitted by law, DBE must hold harmless and indemnify City against any and all claims arising from or related to DBE’s avoidable, negligent, or willful hindrance of, delay to, or interference with the work of any utility company or agency or another contractor or subcontractor. (B) Defects. Before proceeding with any portion of the Work affected by the construction or operations of others, DBE must give City prompt written notification of any defects DBE discovers which will prevent the proper execution of the Work. Failure to give notice of any such known defects will be deemed acknowledgement by DBE that the work of others is not defective and will not prevent the proper execution of the Work. 2.7 Submittals. Unless otherwise specified, DBE must submit to the City Engineer for review and acceptance of all schedules, Shop Drawings, samples, product data and similar submittals required by the Contract Documents, or upon request by the City Engineer. Unless otherwise specified, all submittals, including Requests for Information, are subject to the general provisions of this Section, as well as specific submittal requirements that may be included in the Special Conditions or elsewhere in the Contract Documents. Unless otherwise specified, all submittals should be transmitted electronically using standard commercial software programs, including the Special Conditions or Specifications. The City Engineer may require submission of a submittal schedule at or before a pre-construction conference, as may be specified in the Notice to Proceed. 741 CC 02-04-2025 741 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 23 (A) General. DBE is responsible for ensuring that its submittals are complete, legible, accurate and conform to the Contract Documents. Incomplete or illegible submittals will be rejected and returned for resubmission. DBE must use the applicable forms provided or specified for use by the City, including the Project Forms provided with the Contract Documents, and forms provided by City at the Pre-Construction Conference. (B) Time and Manner of Submission. DBE must ensure that its submittals are prepared and delivered in a manner consistent with the current City-accepted schedule for the Work and within the applicable time specified in the Contract Documents, or if no time is specified, in such time and sequence so as not to delay the performance of the Work or completion of the Project. (C) Required Contents. Each submittal must include the Project name and contract number, DBE’s name and address, the name and address of any Subcontractor or supplier involved with the submittal, the date, and references to applicable Specification section(s) and/or drawing and detail number(s). (D) Required Corrections. If corrections are required, DBE must promptly make and submit any required corrections as specified in full conformance with the requirements of this Section, or other requirements that apply to that submittal. If a submittal remains non-compliant after being re-submitted for a second time, City may back-charge DBE for all further review time and additional administrative costs. For City employees the hourly amount charged will be 2.5 times the employee’s direct hourly payroll cost to the City. For consultants, the amount charged will be 1.25 times the amount billed to the City for additional review and administrative time. (E) Effect of Review and Acceptance. Review and acceptance of a submittal by City will not relieve DBE from complying with the requirements of the Contract Documents. DBE is responsible for any errors in any submittal, and review or acceptance of a submittal by City is not an assumption of risk or liability by City. (F) Enforcement. Any Work performed or any material furnished, installed, fabricated or used without City’s prior acceptance of a required submittal is performed or provided at DBE's risk, and DBE may be required to bear the costs incident thereto, including the cost of removing and replacing such Work, repairs to other affected portions of the Work or material, and the cost of additional time or services required of City, including costs for the Project Manager or Inspector. (G) Excessive RFIs. A Request for Information (RFI) will be considered excessive or unnecessary if City determines that the explanation or response to the RFI is clearly and unambiguously discernable from the Contract Documents. City’s costs to review and respond to excessive or unnecessary RFIs may be deducted from payments otherwise due to DBE, on the same basis as excessive submittal review, under subsection (D) (Required Corrections). (H) Construction Phase Substitutions. This provision governs any DBE request for substitution during the Construction Phase with respect to any Specification in the City- approved Construction Documents designating a material, product, or thing (collectively, “item”) or service by specific brand or trade name, followed by the words “or equal.” Unless otherwise stated in the Specifications, any reference to a specific brand or trade name for an item that is used solely for the purpose of describing the type of item desired, will be deemed to be followed by the words “or equal.” A substitution will only be approved if it is a true “equal” item in every aspect of design, function, and quality, as determined by City, including dimensions, weight, maintenance requirements, durability, fit with other elements, and schedule impacts. 742 CC 02-04-2025 742 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 24 (1) A request for substitution of an item or service must be submitted in writing to the Project Manager sufficiently in advance of the time needed to avoid delay of the Work, factoring in adequate time for testing, re-testing, or resubmittal. The request must be submitted on the City’s Substitution Request Form. (2) Any available data substantiating the proposed substitute as an equal item or service must be submitted with the written request for substitution. DBE’s failure to timely provide all necessary substantiation, including any required test results as soon as they are available, is grounds for rejection of the proposed substitution, without further review. (3) DBE has the burden of proving the equality of the proposed substitution at DBE’s sole cost, including testing using methods acceptable to City. City has sole discretion to determine whether a proposed substitution is equal, and City’s determination is final. (4) If the proposed substitution is approved, DBE is solely responsible for any additional costs or time associated with the substituted item or service. If the proposed substitution is rejected, DBE must, without delay, install the item or use the service as specified by City. (5) City’s approval of a proposed substitution will not relieve DBE from any of its obligations under the Contract Documents. In the event DBE makes an unauthorized substitution, DBE will be solely responsible for all resulting cost impacts, including the cost of removal and replacement and the impact to other design elements. 2.8 Shop Drawings. When Shop Drawings are required by the Specifications or requested by the Project Manager, they must be prepared according to best practices at DBE’s expense. The Shop Drawings must be of a size and scale to clearly show all necessary details. Unless otherwise specified by City, Shop Drawings must be provided to the Project Manager for review and acceptance at least 30 days before the Work will be performed. If City requires changes, the corrected Shop Drawings must be resubmitted to the Project Manager for review within the time specified by the Project Manager. For all Project components requiring Shop Drawings, DBE will not furnish materials or perform any Work until the Shop Drawings for those components are accepted by City. DBE is responsible for any errors or omissions in the Shop Drawings, shop fits and field corrections, any deviations from the Contract Documents, and for the results obtained by the use of Shop Drawings. Acceptance of Shop Drawings by City does not relieve DBE DBE’s responsibility. 2.9 Access to Work. DBE must afford prompt and safe access to any Worksite by City and its employees, agents, or consultants authorized by City; and upon request by City, DBE must promptly arrange for City representatives to visit or inspect manufacturing sites or fabrication facilities for items to be incorporated into the Work. 2.10 Personnel. DBE and its Subcontractors must employ only competent and skillful personnel to perform the Services. DBE and its Subcontractor’s supervisors, security or safety personnel, and employees who have unescorted access to the Project site must possess proficiency in English sufficient to read, understand, receive, and implement oral or written communications or instructions relating to their respective job functions, including safety and security requirements. Upon written notification from the Engineer, DBE and its Subcontractors must immediately discharge any personnel who are incompetent, disorderly, disruptive, threatening, abusive, or profane, or otherwise refuse 743 CC 02-04-2025 743 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 25 or fail to comply with the requirements of the Contract Documents or Laws, including Laws pertaining to health and safety. Any such discharged personnel may not be re- employed or permitted on the Project in any capacity without City’s prior written consent. Article 3 - Contract Documents 3.1 Contract Documents. The Contract Documents are comprised of the following: (A) Duly authorized and executed Change Orders; (B) The Contract; (C) City’s Notice to Proceed with Design Services; (D) City’s Notice to Proceed with Construction Services; (E) The Special Conditions; (F) The General Conditions; (G) The Bridging Documents; (H) The payment and performance bonds; (I) The City-approved Construction Documents; (J) The Request for Proposals and all addenda thereto; (K) The Proposal; and (L) The City of Cupertino’s Standard Details. 3.2 Order of Precedence. Information included in one Contract Document but not in another will not be considered a conflict or inconsistency. In case of any conflict or inconsistency among the Contract Documents, the order of precedence will follow the order in which the Contract Documents are listed in Section 3.1, above, which are listed from highest to lowest. Any conflict or inconsistency will be resolved to ensure construction of the Project and ensure the City’s intended use of the Project. 3.3 Bridging Documents. The Bridging Documents are for general intent of the final Project design and are not considered to be a complete working package. DBE is responsible to hire and coordinate all associated Design Services, including architectural, structural, mechanical, electrical, plumbing, civil engineering, geotechnical, and landscape architecture for the structures and systems, whether shown or implied in the Bridging Documents or required for a complete Project built to current governing codes. 3.4 Caltrans Standard Specifications. (Not used.) 3.5 For Reference Only. DBE is responsible for the careful review of any document, study, or report provided by City or appended to the Contract Documents solely for informational purposes and identified as “For Reference Only.” Nothing in any document, study, or report so appended and identified is intended to supplement, alter, or void any provision of the Contract Documents. DBE is advised that City or its representatives may be guided by information or recommendations included in such reference documents, particularly when making determinations as to the acceptability of proposed materials, methods, or 744 CC 02-04-2025 744 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 26 changes in the Work. DBE must promptly notify City of any perceived or actual conflict between the Contract Documents and any document provided For Reference Only. 3.6 Current Versions. Unless otherwise specified by City, any reference to standard specifications, technical specifications, or any City or state codes or regulations means the latest specification, code or regulation in effect at the time the Contract is signed. 3.6 Conformed Copies. (Not used.) Article 4 - Bonds, Indemnity, and Insurance 4.1 Payment and Performance Bonds. No later than ten days following City’s final approval of the Construction Documents, DBE must provide a payment bond and a performance bond, each in the penal sum of at least 100% of the estimated price for the Construction Services, using the bond forms included with the Contract Documents. (A) Surety. Each bond must be issued and executed by a surety admitted in California, and the surety must have a financial rating from A.M. Best Company of A-, class 7 or better, or as otherwise acceptable to the City. If an issuing surety cancels the bond or becomes insolvent, within seven days following written notice from City, DBE must substitute a surety acceptable to City. If DBE fails to substitute an acceptable surety within the specified time, City may, at its sole discretion, withhold payment from DBE until the surety is replaced to City’s satisfaction, or terminate the Contract for default. (B) Cost Estimate Updates. If at any time DBE’s updated construction cost estimate exceeds the estimated price for the Construction Services in Section 3 of the Contract by 5%, DBE must replace the initial bonds with bonds based on 100% of the updated estimated price for Construction Services using the bond forms included with the Contract Documents. 4.2 Indemnity and Liability. (A) DBE’s Indemnity Obligation. To the fullest extent permitted by law, DBE must indemnify, defend, and hold harmless City, its Council, officers, officials, employees, agents, volunteers and consultants (individually, an “Indemnitee,” and collectively the “Indemnitees”) from and against any and all liability, loss, damage, claims, causes of action, demands, charges, fines, costs and expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the operations of DBE, its employees, Subcontractors, representatives, or agents, in performing the Work or in failing to comply with any obligation of DBE under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnity requirement applies to any Liability arising from alleged defects in the content or manner of submission of DBE’s Proposal for the Contract. DBE’s failure or refusal to timely accept a tender of defense pursuant to this Contract will be deemed a material breach of the Contract. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for the DBE or its agents or employees under Workers’ Compensation laws, disability benefits laws, or other employee benefit laws. This indemnification obligation is also not limited by any limitation on the amount or type of damages available under any applicable insurance coverage and will survive the expiration or any early termination of this Contract with respect to Liability arising during the term of the Contract. DBE’s indemnity obligations under this Contract will survive the expiration or any early termination of the Contract. This indemnity obligation does not apply to any Design Professionals who are covered by subsection (B) below. 745 CC 02-04-2025 745 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 27 (B) Design Professional Indemnity Obligation. To the fullest extent permitted by law, subject only to the limitations of Civil Code § 2782.8, the Design Professionals who are members of the DB Team or retained or employed by DBE to provide the Design Services must indemnify, defend, and hold harmless City, its Council, officers, employees, agents, volunteers and consultants (individually, an “Indemnitee,” and collectively “Indemnitees”) from and against any and all liability, loss, damage, claims, causes of action, demands, charges, fines, costs and expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the negligence, recklessness, or willful misconduct of the Design Professionals, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This Design Professional indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for the Design Professionals or their agents or employees under Workers’ Compensation laws, disability benefits laws, or other employee benefit laws. This Design Professional indemnification is also not limited by any limitation on the amount or type of damages available under any applicable insurance coverage and will survive the expiration or any early termination of this Contract with respect to Liability arising during the term of the Contract. (C) Third Party Claims. City will timely notify DBE upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code § 9201. (D) No Personal Liability. No member of the City Council or any individual officer, employee or authorized agent of City will be personally liable for any liability arising under this Contract. 4.3 Insurance. DBE will procure and maintain for the duration of the Project, and for five years following the completion of the Project, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services hereunder by DBE, its agents, representatives, employees, Subconsultants, or Subcontractors. (A) Minimum Scope and Limit of Insurance. Coverage will be at least as broad as the minimum limits set forth below. If DBE maintains broader coverage and/or higher limits than the minimums shown below, City will be entitled to the broader coverage and/or higher limits maintained by DBE. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City. City reserves the right to modify these insurance requirements based on DBE’s prior experience, insurer, coverage, and considering the nature of the risk involved in the Services and other circumstances. DBE should discuss these requirements with its insurer and the designated Public Works Agency representative. (1) Commercial General Liability (CGL). Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, written on a comprehensive general liability form, and must include coverage for liability arising from DBE’s or Subcontractor’s acts or omissions, including DBE’s protected coverage, blanket contractual, products and completed operations, with limits of at least $8,000,000 per occurrence. The CGL policy must protect against any and all liability for personal injury, death, property damage or destruction, and personal and advertising injury. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be $16,000,000, which is twice the required occurrence limit. 746 CC 02-04-2025 746 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 28 (i) It shall be a requirement under this Contract that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits will be made available to the Additional Insured and will be (1) the minimum coverage/limits specified in this Contract; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. (ii) Additional Insured coverage under DBE's policy shall be “primary and non-contributory,” will not seek contribution from City’s insurance/self- insurance, and will be at least as broad as ISO CG 20 01 04 13. (iii) The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect City as a named insured. (2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if DBE has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $8,000,000 per accident for bodily injury and property damage. (3) Workers’ Compensation. As required by the State of California, with statutory limits, and Employer’s Liability Insurance of no less than $1,000,000 per accident for bodily injury or disease, or as otherwise required by statute. If DBE is self-insured, DBE must provide a Certificate of Permission to Self-Insure, duly authorized by the DIR. (4) Professional Liability. Professional liability with limits no less than $4,000,000 per occurrence or claim, and $4,000,000 aggregate. (5) Builder’s Risk. Course of Construction insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions. (6) Pollution and/or Asbestos Legal Liability. DBEs’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $2,000,000 per occurrence or claim, and $4,000,000 policy aggregate. (B) Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City’s option, either: (1) DBE will cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers, officials, employees, and volunteers; or (2) DBE will provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language will provide, or be endorsed to provide, that the self- insured retention may be satisfied by either the named insured or the City. (C) Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (1) Additional Insured Status. The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of the Services performed by or on behalf of DBE including materials, parts, or 747 CC 02-04-2025 747 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 29 equipment furnished. Endorsement of CGL coverage must be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used. (2) Primary Coverage. For any claims related to this Project, DBE’s insurance coverage must be “primary and non-contributory” and at least as broad as ISO CG 20 01 04 13 with respect to City, its officers, officials, employees and volunteers, and must not seek contribution from City’s insurance. If the limits of insurance are satisfied in part by Umbrella/Excess Insurance, the Umbrella/Excess Insurance must contain or be endorsed to contain a provision that such coverage will also apply on a “primary and non-contributory” basis for the benefit of City. (3) Notice of Cancellation. Each insurance policy required must provide that coverage will not be canceled, except with notice to the City. Each certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced, cancelled or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. (4) Builder’s Risk. DBE may submit Builder’s Risk insurance in the form of Course of Construction coverage, which shall name the City as a loss payee, as its interest may appear. Policy limits must be per occurrence and for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance penalties, and for the benefit of City. If the Project does not involve new or major reconstruction, City may elect in its sole discretion to accept an Installation Floater policy instead of Builder’s Risk. For such projects, the Property Installation Floater shall include improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site. (5) Waiver of Subrogation. Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against City. DBE agrees to waive rights of subrogation which any insurer of DBE may acquire from DBE by virtue of the payment of any loss. DBE agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the DBE, its employees, agents and Subcontractors. (6) Acceptability of Insurers. Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California, and each insurer must have an A.M. Best’s financial strength rating of “A-” or better and a financial size rating of “VII” or better. (7) Verification of Coverage. DBE will furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, evidencing the coverage required by this Contract. All certificates and endorsements are to be received by the City no later than five days following City Council approval of the Contract. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. 748 CC 02-04-2025 748 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 30 (8) Subcontractors. DBE will require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and DBE will ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors will provide coverage with a form at least as broad as CG 20 38 04 13. (9) Claims Made Policies. If any coverage required is written on a claims-made coverage form: (i) The retroactive date must be shown, and this date must be before the execution date of the Contract or the beginning of the Services. (ii) Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Services. (iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Effective Date of the Contract, or start of Services, the DBE must purchase extended reporting period coverage for a minimum of five years after completion of the Services. (iv) A copy of the claims reporting requirements must be submitted to the City for review. (v) If the Services involve lead-based paint or asbestos identification/remediation, the DBE’s Pollution Liability policy must not contain lead-based paint or asbestos exclusions. If the Services involve mold identification/remediation, the DBE’s Pollution Liability policy must not contain a mold exclusion, and the definition of “pollution” must include microbial matter, including mold. Article 5 - Contract Time 5.1 Time is of the Essence. Time is of the essence in DBE’s performance and completion of the Work, and DBE must diligently prosecute the Work and complete it within the Contract Time. (A) General. DBE must commence the Services on the date indicated in the Notice to Proceed with Design Services, and must fully perform the Services and complete the Project in strict compliance with all requirements of the Contract Documents, and within the Contract Time. (B) Rate of Progress. DBE and its Subcontractors must, at all times, provide workers, materials, and equipment sufficient to maintain the rate of progress necessary to ensure full completion of the Work within the Contract Time. If City determines that DBE is failing to prosecute the Work at a sufficient rate of progress, City may, in its sole discretion, direct DBE to provide additional workers, materials, or equipment, or to work additional hours or days without additional cost to City, in order to achieve a rate of progress satisfactory to City. If DBE fails to comply with City’s directive in this regard, City may, at DBE’s expense, separately contract for additional workers, materials, or equipment or use City’s own forces to achieve the necessary rate of progress. Alternatively, City may terminate the Contract based on DBE’s default. 749 CC 02-04-2025 749 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 31 5.2 Schedule Requirements. All schedules must be prepared using standard, commercial scheduling software acceptable to the Engineer, and must provide schedules in electronic and paper form as requested. (A) Baseline (As-Planned) Schedule. Within ten calendar days following City’s approval of the final Construction Documents, DBE must submit to City for review and acceptance a baseline (as-planned) Project schedule using critical path methodology showing in detail how DBE plans to perform and fully complete the Construction Services within the Contract Time, including labor, equipment, materials, and fabricated items. The baseline schedule for Construction Services must show the order of the major items of Work and the dates of start and completion of each item, including when the materials and equipment will be procured. The schedule must also include the work of all trades, reflecting anticipated labor or crew hours and equipment loading for the construction activities, and must be sufficiently comprehensive and detailed to enable progress to be monitored on a day-by-day basis. For each activity, the baseline schedule must be dated, provided in the format specified in the Contract Documents or as required by City, and must include, at a minimum, a description of the activity, the start and completion dates of the activity, and the duration of the activity. (1) Specialized Materials Ordering. Within five calendar days following issuance of the Notice to Proceed with Construction Services, DBE must order any specialized material or equipment for the Work that is not readily available from material suppliers. DBE must also retain documentation of the purchase orders date(s). (B) City’s Review of Schedules. City will review and may note exceptions to the baseline schedule, and to the progress schedules submitted as required below, to assure completion of the Work within the Contract Time. DBE is solely responsible for resolving any exceptions noted in a schedule and, within seven days, must correct the schedule to address the exceptions. City’s review or acceptance of Contractor’s schedules will not operate to waive or limit Contractor’s duty to complete the Project within the Contract Time, nor to waive or limit City’s right to assess liquidated damages for Contractor’s unexcused failure to do so. (C) Progress Schedules. After City accepts the final baseline schedule with no exceptions, DBE must submit an updated progress schedule and three-week look-ahead schedule, in the format specified by City, for review and acceptance with each application for a progress payment, or when otherwise specified by City, until completion of the Work. The updated progress schedule must: show how the actual progress of the Work as constructed to date compares to the baseline schedule; reflect any proposed changes in the construction schedule or method of operations, including to achieve Project milestones within the Contract Time; and identify any actual or potential impacts to the critical path. DBE must also submit periodic reports to City of any changes in the projected material or equipment delivery dates for the Project. (1) Float. The progress schedule must show early and late completion dates for each task. The number of days between those dates will be designated as the “float.” Any float belongs to the Project and may be allocated by the Project Manager to best serve timely completion of the Project. (2) Failure to Submit Schedule. Reliable, up-to-date schedules are essential to efficient and cost-effective administration of the Project and timely completion. If DBE fails to submit a schedule within the time periods specified in this Section, or submits a schedule to which City has noted exceptions that are not corrected, City may withhold or deduct up to ten percent from payment(s) otherwise due to DBE until the exceptions are resolved, the schedule is corrected and 750 CC 02-04-2025 750 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 32 resubmitted, and City has accepted the schedule. In addition, DBE’s failure to comply with the schedule requirements in this Section 5.2 will be deemed a material default and a waiver of any claims for Excusable Delay or loss of productivity arising during any period when DBE is out of compliance, subject only to the limits of Public Contract Code section 7102. (D) Recovery Schedule. If City determines that the Work is more than one week behind schedule, within seven days following written notice of such determination, DBE must submit a recovery schedule, showing how DBE intends to perform and complete the Work within the Contract Time, based on actual progress to date. (E) Effect of Acceptance. DBE and its Subcontractors must perform the Work in accordance with the most current City-accepted schedule unless otherwise directed by City. City’s acceptance of a schedule does not operate to extend the time for completion of the Work or any component of the Work, and will not affect City’s right to assess liquidated damages for Contractor’s unexcused delay in completing the Work within the Contract Time. (F) Posting. DBE must at all times prominently post a copy of the most current City- accepted progress or recovery schedule in its on-site office. (G) Reservation of Rights. City reserves the right to direct the sequence in which the Work must be performed or to make changes in the sequence of the Work in order to facilitate the performance of work by City or others, or to facilitate City’s use of its property. The Contract Time or Contract Price may be adjusted to the extent such changes in sequence actually increase or decrease Contractor’s time or cost to perform the Work. (H) Authorized Working Days and Times. With respect to the Construction Services performed at the Project site, DBE is limited to working Monday through Friday, excluding holidays, during City’s normal business hours, except as provided in the Special Conditions or as authorized in writing by City. City reserves the right to charge DBE for additional costs incurred by City due to Work performed on days or during hours not expressly authorized in the Contract Documents, including reimbursement of costs incurred for inspection, testing, and construction management services. 5.3 Delay and Extensions of Contract Time. (A) Notice of Delay. If DBE becomes aware of any actual or potential delay affecting the critical path, DBE must promptly notify the City Engineer in writing, regardless of the nature or cause of the delay, so that City has a reasonable opportunity to mitigate or avoid the delay. (B) Excusable Delay. The Contract Time may be extended if DBE encounters “Excusable Delay,” which is an unavoidable delay in completing the Work within the Contract Time due to causes completely beyond DBE’s control, and which DBE could not have avoided or mitigated through reasonable care, planning, foresight, and diligence, provided that DBE is otherwise fully performing its obligations under the Contract Documents. Grounds for Excusable Delay may include fire, natural disasters including earthquake or unusually severe weather, acts of terror or vandalism, epidemic, unforeseeable adverse government actions, unforeseeable actions of third parties, encountering unforeseeable hazardous materials, unforeseeable site conditions, or suspension for convenience under Article 13. The Contract Time will not be extended based on circumstances which will not unavoidably delay completing the Work within the Contract Time based on critical path analysis. 751 CC 02-04-2025 751 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 33 (C) Non-Excusable Delay. Delay which DBE could have avoided or mitigated through reasonable care, planning, foresight and diligence is “Non-Excusable Delay.” DBE is not entitled to an extension of Contract Time or any compensation for Non- Excusable Delay, or for Excusable Delay that is concurrent with Non-Excusable Delay. Non-Excusable Delay includes delay caused by: (1) weather conditions which are normal for the location of the Project, as determined by reliable records, including monthly rainfall averages, for the preceding ten years; (2) DBE’s failure to order equipment and materials sufficiently in advance of the time needed for completion of the Work within the Contract Time; (3) DBE’s failure to provide adequate notification to utility companies or agencies for connections or services necessary for completion of the Work within the Contract Time; (4) Foreseeable conditions which DBE could have ascertained from reasonably diligent inspection of the Project site or review of the Contract Documents or other information provided or available to DBE; (5) DBE’s failure. refusal, or financial inability to perform the Work within the Contract Time, including insufficient funds to pay its Subcontractors or suppliers; (6) performance or non-performance by DBE’s Subcontractors or suppliers; (7) the time required to respond to excessive RFIs (see Section 2.7(G)); (8) delayed submission of required submittals, or the time required for correction and resubmission of defective submittals; (9) time required for repair of, re-testing, or re-inspection of defective Work; (10) enforcement of Laws by City, or outside agencies with jurisdiction over the Work; or (11) City’s exercise or enforcement of any of its rights or DBE’s duties pursuant to the Contract Documents, including correction of defective Work, extra inspections or testing due to non-compliance with Contract requirements, safety compliance, environmental compliance, or rejection and return of defective or deficient submittals. (D) Compensable Delay. Pursuant to Public Contract Code § 7102, in addition to entitlement to an extension of Contract Time, DBE is entitled to compensation for costs incurred due to delay caused solely by City, when that delay is unreasonable under the circumstances involved and not within the contemplation of the parties (“Compensable Delay”). DBE is not entitled to an extension of Contract Time or recovery of costs for Compensable Delay that is concurrent with Non-Excusable Delay. Delay due to causes that are beyond the control of either City or DBE, including Weather Delay Days, discovery of Historic or Archeological Items pursuant to Section 7.17, or the actions or inactions of third parties or other agencies, is not Compensable Delay, and will only entitle DBE to an extension of time commensurate with the time lost due to such delay. (E) Concurrent Delay. DBE is not entitled to an extension of Contract Time or recovery of costs for any Compensable Delay that is concurrent with Non-Excusable Delay. 752 CC 02-04-2025 752 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 34 (F) Weather Delay. A “Weather Delay Day” is a Working Day during which DBE and its forces, including Subcontractors, are unable to perform more than 40% of the critical path Work scheduled for that day due to adverse weather conditions which impair the ability to safely or effectively perform the scheduled critical path Work that day. Adverse weather conditions may include rain, saturated soil, and Project site cleanup required due to adverse weather. Determination of what constitutes critical path Work scheduled for that day will be based on the most current, City-approved schedule. (1) Based on historic records for the Project location from the Western Regional Climate Center, DBE’s schedule should assume the following number of normal Weather Delay Days and precipitation for each month: Month # Normal Weather Precipitation Delay Days January 6 2.86 February 6 2.66 March 6 2.29 April 3 1.20 May 1 0.44 June 0 0.10 July 0 0.02 August 0 0.07 September 1 0.19 October 2 0.76 November 4 1.51 December 5 2.43 Total 34 14.53 (2) DBE will be entitled to a non-compensable extension of the Contract Time for each Weather Delay Day in excess of the normal Weather Delay Days within a given month, as set forth in Section 5.3(F)(1) above, subject to the following limitations: a. DBE must fully comply with the applicable procedures in Article 5 and 6 of these General Conditions regarding requests to modify the Contract Time. b. Normal Weather Delay Days which do not occur during a given month do not carry over to another month. c. DBE will not be entitled to an extension of time for a Weather Delay Day to the extent DBE is responsible for concurrent delay on that day. d. DBE must take reasonable steps to mitigate the consequences of Weather Delay Days, including prudent workforce management and protecting the Work, Project Site, materials, and equipment. (G) Recoverable Costs. DBE is not entitled to compensation for Excusable Delay unless it is Compensable Delay, as defined above. DBE is entitled to recover only the actual, direct, reasonable, and substantiated costs (“Recoverable Costs”) for each working day that the Compensable Delay prevents DBE from proceeding with more than 50% of the critical path Work scheduled for that day, based on the most recent progress schedule accepted by City. Recoverable Costs will not include home office overhead or lost profit. 753 CC 02-04-2025 753 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 35 (H) Request for Extension of Contract Time or Recoverable Costs. A request for an extension of Contract Time or any associated Recoverable Costs must be submitted in writing to City within ten calendar days of the date the delay is first encountered, even if the duration of the delay is not yet known at that time, or any entitlement to the Contract Time extension or to the Recoverable Costs will be deemed waived. In addition to complying with the requirements of this Article 5, the request must be submitted in compliance with the Change Order request procedures in Article 6 below. Strict compliance with these requirements is necessary to ensure that any delay or consequences of delay may be mitigated as soon as possible, and to facilitate cost- efficient administration of the Project and timely performance of the Work. Any request for an extension of Contract Time or Recoverable Costs that does not strictly comply with all of the requirements of Article 5 and Article 6 will be deemed waived. (1) Required Contents. The request must include a detailed description of the cause(s) of the delay, and must also describe the measures that DBE has taken to mitigate the delay and/or its effects, including efforts to mitigate the cost impact of the delay, such as by workforce management or by a change in sequencing. If the delay is still ongoing at the time the request is submitted, the request should also include DBE’s plan for continued mitigation of the delay or its effects. (2) Delay Days and Costs. The request must specify the number of days of Excusable Delay claimed, or provide a realistic estimate if the duration of the delay is not yet known. If DBE believes it is entitled to Recoverable Costs for Compensable Delay, the request must specify the amount and basis for the Recoverable Costs that are claimed, or provide a realistic estimate if the amount is not yet known. Any estimate of delay duration or cost must be updated in writing and submitted with all required supporting documentation as soon as the actual time and cost is known. The maximum extension of Contract Time will be the number of calendar days, if any, by which an Excusable Delay or a Compensable Delay exceeds a concurrent Non-Excusable Delay. DBE is entitled to an extension of Contract Time, or compensation for Recoverable Costs, only if, and only to the extent that, such delay will unavoidably delay Final Completion. (3) Supporting Documentation. The request must also include any and all supporting documentation necessary to evidence the delay and its actual impacts, including scheduling and cost impacts with a time impact analysis using critical path methodology and demonstrating the unavoidable delay to Final Completion. The time impact analysis must be submitted in a form or format acceptable to City. (4) Burden of Proof. DBE has the burden of proving that: (a) the delay was an Excusable or Compensable Delay, as defined above; (b) DBE has made reasonable efforts to mitigate the delay and its schedule and cost impacts; (c) the delay will unavoidably result in delaying Final Completion; and (d) any Recoverable Costs claimed by DBE were actually incurred and were reasonable under the circumstances. (5) Legal Compliance. Nothing in this provision is intended to require the waiver, alteration, or limitation of the applicability of Public Contract Code § 7102. (6) No Waiver. Any grant of an extension of Contract Time, or compensation for Recoverable Costs due to Compensable Delay, will not operate as a waiver of City’s right to assess liquidated damages for Non-Excusable Delay. 754 CC 02-04-2025 754 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 36 (7) Dispute Resolution. In the event of a dispute over entitlement to an extension of Contract Time or compensation for Recoverable Costs, DBE may not stop working pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work. DBE’s sole recourse for an unresolved dispute based on City’s rejection of a Change Order request for an extension of Contract Time or compensation for Recoverable Costs is to comply with the dispute resolution provisions set forth in Article 12 below. 5.4 Liquidated Damages. It is expressly understood that if Final Completion is not achieved within the Contract Time, City will suffer damages from the delay that are difficult to determine and accurately specify. Pursuant to Public Contract Code § 7203, if DBE fails to achieve Final Completion within the Contract Time, City will charge DBE in the amounts specified in the Contract for each day Final Completion is delayed beyond the Contract Time, as liquidated damages and not as a penalty. (A) Liquidated Damages. Liquidated damages will not be assessed for any Excusable Delay, as set forth above. (B) Milestones/Deadlines. Liquidated damages will also be separately assessed for failure to meet milestones or deadlines specified elsewhere in the Contract Documents. (C) Setoff. City is entitled to deduct the amount of liquidated damages assessed against any payments otherwise due to DBE, including progress payments, Final Payment, or unreleased retention. If there are insufficient Contract funds remaining to cover the full amount of liquidated damages assessed, City is entitled to recover the balance from DBE or its performance bond surety. (D) Occupancy or Use. Occupancy or use of the Project in whole or in part prior to Final Completion does not constitute City’s acceptance of Project and will not operate as a waiver of City’s right to assess liquidated damages for DBE’s Non-Excusable Delay in achieving Final Completion. (E) No Limitation on Other Remedies. City’s right to liquidated damages under this Section applies only to damages arising from DBE’s Non-Excusable Delay or failure to complete the Work within the Contract Time. City retains its right to pursue all other remedies under the Contract for other types of damage, including damage to property or persons, costs or diminution in value from defective materials or workmanship, costs to repair or complete the Work, or other liability caused by DBE. Article 6 - Contract Modification 6.1 Contract Modification. Subject to the limited exception set forth in subsection (D) below, any change in the Work or the Contract Documents, including the Contract Price or Contract Time, will not be a valid and binding change to the Contract unless it is formalized in a Change Order, including a “no-cost” Change Order or a unilateral Change Order. Change in the Work pursuant to this Article 6 will not operate to release, limit, or abridge DBE’s warranty obligations pursuant to Article 11 or any obligations of Contractor’s bond sureties. (A) City-Directed Changes. City may direct changes in the scope or sequence of Work or the requirements of the Contract Documents, without invalidating the Contract. Such changes may include Extra Work as set forth in subsection (C) below, deletion or modification of portions of the Work, or other modifications determined by City, acting in 755 CC 02-04-2025 755 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 37 its sole discretion, to be in City’s best interest. Pursuant to section 3.23.170 of the Cupertino Municipal Code, City reserves the right to delete up to 25% of the Work. Any change in the Work, whether directed by City or pursuant to DBE’s request for a Change Order under Section 6.2 below, will not be a valid and binding change to the Contract unless it is formalized in a Change Order, which may include commensurate changes in the Contract Price or Contract Time as applicable. DBE must promptly comply with City- directed changes in the Work in accordance with the original Contract Documents, even if DBE and City have not yet reached agreement as to adjustments to the Contract Price or Contract Time for the change in the Work or for the Extra Work. DBE is not entitled to extra compensation for cost savings resulting from “value engineering” pursuant to Public Contract Code section 7101 except to the extent authorized in advance by City in writing, and subject to any applicable procedural requirements for submitting a proposal for value engineering cost savings. (B) Disputes. In the event of a dispute over entitlement to or the amount of a change in Contract Time or a change in Contract Price related to a City-directed change in the Work, DBE must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute. Likewise, in the event that City and DBE dispute whether a portion or portions of the Work are already required by the Contract Documents or constitute Extra Work, or otherwise dispute the interpretation of any portion(s) of the Contract Documents, DBE must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute, as directed by City. If DBE refuses to perform the Work in dispute, City may, acting in its sole discretion, elect to delete the Work from the Contract and reduce the Contract Price accordingly, and self-perform the Work or direct that the Work be performed by others. Alternatively, City may elect to terminate the Contract for convenience or for cause. DBE’s sole recourse for an unresolved dispute related to changes in the Work or performance of any Extra Work is to comply with the dispute resolution provisions set forth in Article 12, below. (C) Extra Work. City may direct DBE to perform Extra Work related to the Project. DBE must promptly perform any Extra Work as directed or authorized by City in accordance with the original Contract Documents, even if DBE and City have not yet reached agreement on adjustments to the Contract Price or Contract Time for such Extra Work. DBE must maintain detailed daily records that itemize the cost of each element of Extra Work, and sufficiently distinguish the direct cost of the Extra Work from the cost of other Work performed. For each day that DBE performs Extra Work, or Work that DBE contends is Extra Work, DBE must submit no later than the following Working Day, a daily report of the Extra Work performed that day and the related costs, together with copies of certified payroll, invoices, and other documentation substantiating the costs (“Extra Work Report”). The City Engineer will make any adjustments to DBE’s Extra Work Report(s) based on the City Engineer’s records of the Work. When an Extra Work Report(s) is agreed on and signed by both City and DBE, the Extra Work Report(s) will become the basis for payment under a duly authorized and signed Change Order. Failure to submit the required documentation by close of business on the next Working Day is deemed a full and complete waiver for any change in the Contract Price or Contract Time for any Extra Work performed that day. (D) Minor Changes and RFIs. Minor field changes, including RFI replies from City, that do not affect the Contract Price or Contract Time and that are approved by the City Engineer acting within his or her scope of authority, do not require a Change Order. By executing an RFI reply from City, DBE agrees that it will perform the Work as clarified therein, with no change to the Contract Price or Contract Time. 756 CC 02-04-2025 756 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 38 (E) Remedy for Non-Compliance. DBE’s failure to promptly comply with a City- directed change is deemed a material breach of the Contract, and in addition to all other remedies available to it, City may, at its sole discretion, hire another contractor or use its own forces to complete the disputed Work at DBE’s sole expense, and may deduct the cost from the Contract Price. 6.2 DBE Change Order Requests. DBE must submit a request or proposal for a change in the approved Construction Documents or a change in the Contract Price or Contract Time, based on unforeseen circumstances or change in scope, as a written Change Order request or proposal. (A) Time for Submission. Any request for a change in the Contract Price or the Contract Time must be submitted in writing to the Project Manager within ten calendar days of the date that DBE first encounters the circumstances, information or conditions giving rise to the Change Order request, even if the total amount of the requested change in the Contract Price or impact on the Contract Time is not yet known at that time. If City requests that DBE propose the terms of a Change Order, unless otherwise specified in City’s request, DBE must provide the Project Manager with a written proposal for the change in the Contract Price or Contract Time within five working days of receiving City’s request, in a form satisfactory to the City Engineer. (B) Required Contents. Any Change Order request or proposal submitted by DBE must include a complete breakdown of actual or estimated costs and credits, and must itemize labor, materials, equipment, taxes, insurance, subcontract amounts, and, if applicable, Extra Work Reports. Any estimated cost must be updated in writing as soon as the actual amount is known. (C) Required Documentation. All claimed costs must be fully documented, and any related request for an extension of time or delay-related costs must be included at that time and in compliance with the requirements of Article 5 of the General Conditions. (D) Required Form. DBE must use City’s form(s) for submitting all Change Order requests or proposals, unless otherwise specified by City. (E) Certification. All Change Order requests must be signed by DBE and must include the following certification: “The undersigned DBE certifies under penalty of perjury that its statements and representations in this Change Order request are true and correct. DBE warrants that this Change Order request is comprehensive and complete, and agrees that any costs, expenses, or time extension request not included herein will be deemed waived. DBE understands that submission of claims which have no basis in fact or which DBE knows to be false may violate the False Claims Act, as set forth in Government Code § 12650 et seq.” 6.3 Adjustments to Contract Price. The amount of any increase or decrease in the Contract Price will be determined based on one of the following methods, listed below in the order listed with unit pricing taking precedence over the other methods. Markup applies only to City-authorized time and material Work and does not apply to any other payments to DBE. (A) Unit Pricing. Amounts previously provided by DBE in the form of unit prices, either in the Proposal or in a schedule of values, will apply if such unit pricing has previously been provided for the affected Work and accepted by City. No additional markup for overhead or profit will be added to the calculation. 757 CC 02-04-2025 757 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 39 (B) Lump Sum. A mutually agreed upon lump sum for the affected Work with no additional markup for overhead, profit, or other indirect costs. (C) Time and Materials. On a time and materials basis, if and only to the extent compensation on a time and materials basis is expressly authorized by City in advance of DBE’s performance of the Work and subject to a not-to-exceed limit. Time and materials compensation for increased costs or Extra Work (but not decreased costs or deleted Work), will include allowed markup for overhead, profit, and other indirect costs, and which may include a not-to-exceed limit, calculated as the total of the following sums: (1) All direct labor costs provided by DBE or its general contractor, excluding superintendence, plus 15% for overhead and profit; (2) All direct material costs provided by DBE or its general contractor, including sales tax, plus 15% for overhead and profit; (3) All direct plant and equipment rental costs provided by DBE or its general contractor, plus 15% for overhead and profit; (4) All direct subcontract costs plus 10% markup for overhead and profit for Work performed by Subcontractors; and (5) Increased bond or insurance premium costs computed at 1.5% of total of the previous four sums. 6.4 Unilateral Change Order. If the parties dispute the terms of a proposed Change Order, including disputes over the amount of compensation or extension of time that DBE has requested, the value of deleted or changed Work, or quantities used, City may elect to issue a unilateral Change Order, directing performance of the Work, and authorizing a change in the Contract Price or Contract Time for the amount of compensation or added time that the City believes is merited. DBE’s sole recourse to dispute the terms of a unilateral Change Order is to submit a timely Claim pursuant to Article 12, below. 6.5 Non-Compliance Deemed Waiver. DBE waives its entitlement to any increase in the Contract Price or Contract Time if DBE fails to fully comply with the provisions of this Article. DBE will not be paid for unauthorized extra work. Article 7 - General Construction Provisions 7.1 Permits, Fees, Business License, and Taxes. (A) Permits, Fees, and City Business License. DBE must obtain and pay for all permits, fees, or licenses required to perform the Work, unless otherwise indicated in the Contract Documents. DBE must cooperate with and provide notifications to government agencies with jurisdiction over the Project, as may be required. DBE must provide City with copies of all records of permits and permit applications, payments of required fees, and any licenses, required for the Work. DBE, members of the DB Team, and Subcontractor(s) must obtain a City Business License before beginning Work on the Project, unless its sole business contract within the City is the sale of goods or services to the City itself. (B) Taxes. DBE must pay for all taxes on labor, material and equipment, except Federal Excise Tax to the extent that City is exempt from Federal Excise Tax. 758 CC 02-04-2025 758 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 40 7.2 Temporary Facilities. DBE must provide, at DBE’s sole expense, any and all temporary facilities, including onsite office, sanitary facilities, storage, scaffolds, barricades, walkways, and any other temporary structure required to safely perform the Work along with any utility services incidental thereto. The location of all temporary facilities must be approved by the City prior to installation. Temporary facilities must be safe and adequate for the intended use and installed and maintained in accordance with Laws and the Contract Documents. DBE must fence and screen the Project site and, if applicable, any separate Worksites, including the staging area, and its operation must minimize inconvenience to neighboring properties. Additional provisions pertaining to temporary facilities may be included in the Specifications or Special Conditions. (A) Utilities. DBE must install and maintain the power, water, sewer and all other utilities required for the Project site, including the piping, wiring, internet and wifi connection, and any related equipment necessary to maintain the temporary facilities. (B) Removal and Repair. DBE must promptly remove all such temporary facilities when they are no longer needed or upon completion of the Work, whichever comes first. DBE must promptly repair any damage to City’s property or to other property caused by the installation, use, or removal of the temporary facilities, and must promptly restore the property to its original or intended condition. (C) Additional Requirements. Additional provisions pertaining to temporary facilities may be included in the Bridging Documents or Special Conditions 7.3 Noninterference and Site-Management. DBE must avoid interfering with City’s use of its property at or adjacent to the Project site, including use of roadways, entrances, parking areas, walkways, and structures. DBE must also minimize disruption of access to private property in the Project vicinity. DBE must coordinate with affected property owners, tenants, and businesses, and maintain some vehicle and pedestrian access to their residences or properties at all times. Temporary access ramps, fencing or other measures must be provided as needed. Before blocking access to a private driveway or parking lot, DBE must provide effective notice to the affected parties at least 2 working days in advance of the pending closure and allow them to remove vehicles. Private driveways, residences and parking lots must have access to a roadway during non-Work hours. (A) Offsite Acquisition. Unless otherwise provided by City, DBE must acquire, use and dispose of, at its sole expense, any additional Worksites, licenses, easements, and temporary facilities necessary to access and perform the Work. (B) Offsite Staging Area and Field Office. If additional space beyond the Project site is needed, such as for the staging area or the field office, DBE may need to make arrangements with the nearby property owner(s) to secure the space. Before using or occupying any property owned by a third party, DBE must provide City with a copy of the necessary license agreement, easement, or other written authorization from the property owner, together with a written release from the property owner holding City harmless from any related liability, in a form acceptable to the City Attorney. (C) Traffic Management. DBE must provide traffic management and traffic controls as specified in the Contract Documents, as required by Laws, and as otherwise required to ensure the public and worker safety, and to avoid interference with public or private operations or the normal flow of vehicular, bicycle, or pedestrian traffic. Any traffic management plans required to be submitted, must be prepared by a California License Professional including Registration Stamp and reviewed and accepted by the City prior to installation of any traffic management controls. 759 CC 02-04-2025 759 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 41 7.4 Signs. No signs may be displayed on or about City’s property, except signage which is required by Laws or by the Contract Documents, without City’s prior written approval as to size, design, and location. DBE must furnish and install all signs at DBE’s sole expense, including signs required by Laws or the Contract Documents. 7.5 Project Site and Nearby Property Protections. (A) General. DBE is responsible at all times, on a 24-hour basis and at its sole cost, for protecting the Work, the Project site, and the materials and equipment to be incorporated into the Work, until the notice of completion has been recorded. Except as specifically authorized by City, DBE must confine its operations to the area of the Project site indicated in the Bridging Documents. DBE is liable for any damage caused by DBE or its Subcontractors to the Work, City’s property, the property of adjacent or nearby property owners, and the work or personal property of other contractors working for City. In addition, DBE is responsible for damage caused by its failure to adequately secure the Work or any Worksite. (1) Subject to City’s approval, DBE will provide and install safeguards to protect the Work, any Worksite, including the Project site. City’s real or personal property, and the real or personal property of adjacent or nearby property owners, including plant and tree protections. (2) Cupertino Sanitary District and the City of Sunnyvale own and operate wastewater systems within City and they may not be interrupted. If the Work disrupts existing sewer facilities, DBE must immediately notify City to determine who owns the system and establish a plan, subject to the systems owner’s approval, to convey the sewage in closed conduits back into the sanitary sewer system. Sewage must not be permitted to flow in trenches or be covered by backfill. (3) DBE must remove with due care, and store at City’s request, any objects or material from the Project site that City will salvage or reuse at another location. (4) If directed by City Engineer, DBE must promptly repair or replace any property damage, as specified by the City Engineer. However, acting in its sole discretion, City may elect to have the property damage remedied otherwise, and may deduct the cost to repair or replace the damaged property from payment otherwise due to DBE. (5) DBE will not permit any structure or infrastructure to be loaded in a manner that will damage or endanger the integrity of the structure or infrastructure. (B) Securing Project Site. After completion of Work each day, DBE must secure the Project site and, to the extent feasible, make the area reasonably accessible to the public unless City approves otherwise. All excess materials and equipment not protected by approved traffic control devices must be relocated to the staging area or demobilized. Trench spoils must be hauled off the Project site daily and open excavations must be protected with steel plates. DBE and Subcontractor personnel may not occupy or use the Project site for any purpose during non-Work hours, except as may be provided in the Contract Documents or pursuant to prior written authorization from City. (C) Unforeseen Conditions. If DBE encounters facilities, utilities, or other unknown conditions not shown on or reasonably inferable from the Bridging Documents, record drawings, or other documents or information made available to DBE, or which are not apparent from inspection of the Project site, DBE must immediately notify the City and promptly submit a Request for Information to obtain further direction from the City 760 CC 02-04-2025 760 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 42 Engineer. DBE must avoid taking any action which could cause damage to the facilities or utilities pending further direction from the City Engineer. The City Engineer’s written response will be final and binding on DBE. If the City Engineer’s subsequent direction to DBE affects DBE’s cost or time to perform the Work, DBE may submit a Change Order request as set forth in Article 6 above. (D) Support; Adjacent Properties. DBE must provide, install, and maintain all shoring, bracing, and underpinning necessary to provide support to City’s property and adjacent properties and improvements thereon. DBE must provide notifications to adjacent property owners as may be required by Laws. See also, Section 7.14, Trenching of Five Feet or More. (E) Notification of Property Damage. DBE must immediately notify the City of damage to any real or personal property resulting from Work on the Project. DBE must immediately provide a written report to City of any such property damage within 24 hours of the occurrence. The written report must include: (1) the location and nature of the damage, and the owner of the property, if known; (2) the name and address of each employee of DBE or any Subcontractor involved in the damage; (3) a detailed description of the incident, including precise location, time, and names and contact information for known witnesses; and (4) a police or first responder report, if applicable. If DBE is required to file an accident report with another government agency, DBE will provide a copy of the report to City. 7.6 Materials and Equipment. (A) General. Unless otherwise specified, all materials and equipment required for the Work must be new, free from defects, and of the best grade for the intended purpose, and furnished in sufficient quantities to ensure the proper and expeditious performance of the Work. DBE must employ measures to preserve the specified quality and fitness of the materials and equipment. Unless otherwise specified, all materials and equipment required for the Work are deemed to include all components required for complete installation and intended operation, and must be installed in accordance with the manufacturer’s recommendations or instructions. DBE is responsible for all shipping, handling, and storage costs associated with the materials and equipment required for the Work, and is responsible for providing security and protecting the Work and all of the required materials, supplies, tools and equipment at DBE’s sole cost until City has formally accepted the Project as set forth in Section 11.1, Final Completion. DBE will not assign, sell, mortgage, or hypothecate any materials or equipment for the Project, or remove any materials or equipment that have been installed or delivered. (B) City-Provided. If the Work includes installation of materials or equipment to be provided by City, DBE is solely responsible for the proper examination, handling, storage, and installation of such items in accordance with the Contract Documents. DBE must promptly notify City of any defects discovered in City-provided materials or equipment, sufficiently in advance of scheduled use or installation to afford adequate time to procure replacement materials or equipment as needed. DBE is solely responsible for any loss of or damage to such items which occurs while the items are in DBE’s custody and control, the cost of which may be offset from the Contract Price and deducted from any payment(s) due to DBE. (C) Existing City Equipment. DBE will carefully remove all existing equipment from the Worksite. If the City specifies or indicates that equipment is to be salvaged and reused or to remain the property of City then the DBE will reuse or return the equipment to the City. DBE will store and protect salvaged equipment specified to be reused in the Work. DBE will deliver to the City in good condition the equipment that is to remain City property but not be reused in the Work. 761 CC 02-04-2025 761 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 43 (1) If an item specified to be salvaged is damaged during its removal, storage, or handling through carelessness or improper procedures, then DBE will replace that equipment in kind or with a new item. For those items specified to be salvaged DBE may choose to instead furnish and install new equipment, in which case the original, removed items will become DBE’s property. Existing materials and equipment removed by DBE will only be reused in the Work if so specified or indicated by the City. (D) Intellectual Property Rights. DBE must, at its sole expense, obtain any authorization required for use of patented or copyright protected materials, equipment, devices or processes that are incorporated into the Work. DBE’s indemnity obligation in Article 4 applies to any claimed violation of intellectual property rights in violation of this provision. (E) Certificate of Compliance. When a Certificate of Compliance is specified, or for any material or item (“material”) produced or assembled outside of the United States, DBE must submit a Certificate of Compliance before incorporating that material into the Project. A Certificate of Compliance must be submitted for each lot of material delivered to the Project site, and in a form acceptable to the City Engineer, identifying the material, its source, and the lot. Each Certificate of Compliance must be signed by the material producer stating that the material fully complies with the applicable requirements of the Specifications. Submission of a Certificate of Compliance will not limit DBE’s continuing obligation to use only materials that conform with the requirements of the Contract Documents. Any materials furnished pursuant to a Certificate of Compliance may be inspected or tested at any time by City, subject to the inspection and testing provisions of Article 7, and defective or non-conforming material may be rejected at any time, even if already installed. (F) Site Materials. Except as otherwise specified, City retains full ownership of and all rights to use any water, soil, stone, gravel, sand, minerals or other materials (“Site Materials”) on City property, including the Project site, and including any site materials that have been extracted, excavated, or otherwise affected or made accessible by performance of the Work. However, City, acting in its sole discretion, may provide written authorization in the Special Conditions or in the Specifications or in a Change Order for DBE to make use of or incorporate specified Site Materials in the Work. (G) Mined Materials. Pursuant to the Surface Mining and Reclamation Act of 1975, Public Resources Code § 2710 et seq., any purchase of mined materials, such as construction aggregate, sand, gravel, crushed stone, road base, fill materials, and any other mineral materials must originate from a surface mining operation included on the AB 3098 List, which is available online at: ftp://ftp.consrv.ca.gov/pub/omr/AB3098%20List/AB3908List.pdf. 7.7 Inspection and Testing. (A) General. All materials, equipment, and workmanship used in the Work are subject to inspection and testing by City at all times and locations during construction and/or fabrication and at any Worksite, including at shops and yards as well as at the Project site, or at the plant of a manufacturer of materials or items to be incorporated into the Work. All manufacturers’ application or installation instructions must be provided to the Inspector at least ten days prior to the first such application or installation. DBE must, at all times, make the Work available for testing or inspection. Neither City’s inspection or testing of Work, nor its failure to do so, operate to waive or limit DBE’s duty to complete the Work in accordance with the Contract Documents. 762 CC 02-04-2025 762 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 44 (B) Scheduling and Notification. DBE must cooperate with City in coordinating the inspections and testing. DBE must submit samples of materials, at DBE’s expense, and schedule all tests required by the Contract Documents in time to avoid any delay to the progress of the Work. DBE must notify the City Engineer in writing no later than two Working Days before any inspection or testing is being requested, and must provide timely notice to all necessary parties as specified in the Contract Documents. If DBE schedules an inspection or test beyond regular Work hours, or on a Saturday, Sunday, or recognized City holiday, DBE must seek, in writing, City Engineer’s approval at least two Working Days in advance. If approved, DBE must reimburse City for the cost of the overtime inspection or testing. Such costs, including the City’s hourly costs for required personnel and Inspector, may be deducted from payments otherwise due to DBE. (C) Responsibility for Costs. City will bear the initial cost of inspection and testing to be performed by independent inspections and/or testing consultants retained by City, subject to the following exceptions: (1) DBE will be responsible for the costs of any subsequent inspections and/or tests which are required to substantiate compliance with the Contract Documents, and any associated remediation costs. (2) DBE will be responsible for inspection and testing costs, at the rate charged by the consultant retained by the City to provide inspection and testing services, and for inspection and testing time lost because the Work is not ready or DBE fails to appear for a scheduled inspection. (3) If any portion of the Work that is subject to inspection or testing is covered or concealed by DBE prior to the inspection or testing, DBE will bear the cost of making that portion of the Work available for the inspection or testing required by the Contract Documents, and any associated repair or remediation costs. (4) DBE is responsible for properly shoring all compaction test sites deeper than five feet below grade, as required under Section 7.14 below. (5) Any Work or material that is defective or fails to comply with the requirements of the Contract Documents must be promptly repaired, removed, replaced, or corrected by DBE, at DBE’s sole expense, even if that Work or material was previously inspected or included in a progress payment. (D) DBE’s Obligations. All Work and materials must conform to the lines, grades, typical cross sections, dimensions, material requirements, and tolerances shown or described by the Construction Documents. City, acting in its sole discretion, will determine whether Work or materials conform to the Construction Documents, including allowable deviations. City’s determination as to conformity or allowable deviations is final. DBE is solely responsible for any delay occasioned by remediation of defective or noncompliant Work or material. Inspection of the Work does not in any way relieve DBE of its obligations to perform the Work as specified in the Construction Documents. Any Work done without the required inspection(s) will also be subject to rejection by City. Any Work that fails to comply with the requirements of the Contract Documents must be promptly repaired, replaced, or corrected by DBE, at DBE’s sole expense, even if that Work was previously inspected or included in a progress payment. DBE is solely responsible for any delay occasioned by remediation of noncompliant Work. Inspection of the Work does not in any way relieve DBE of its obligations to perform the Work as specified. 763 CC 02-04-2025 763 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 45 (E) Distant Locations. If required off-site testing or inspection must be conducted at a location more than 100 miles from the Project site, DBE is solely responsible for the additional travel costs required for testing and/or inspection at such locations. (F) Plant Inspection. If specified in the Contract Documents, or upon written request by City, DBE must use its best efforts to facilitate and arrange for City’s inspection, sampling or testing of materials or items required for the Work at the plant or facility from which the materials or items are to be obtained. DBE’s best efforts must include contacting the producer or manufacturer on a timely basis to schedule inspection by City’s selected representative, including appropriate access and any safety equipment, all at no cost to City. The inspection must be scheduled sufficiently in advance of the planned shipping or production date to allow for alternative arrangements if the City determined that the materials or items do not meet the requirements of the Specifications. Nothing in this provision obligates City to inspect materials or items at the source plant or facility. (G) Final Inspection. The provisions of this Section 7.7 also apply to final inspection under Article 11, Completion and Warranty Provisions. 7.8 Project Site Conditions and Maintenance. DBE must at all times, on a 24-hour basis and at its sole cost, maintain the Project site and staging and storage areas in clean, neat and sanitary condition and in compliance with all Laws pertaining to safety, air quality and dust control. Adequate toilets must be provided, and properly maintained and serviced for all workers on the Project site, located in a suitably secluded area, subject to City’s prior approval. DBE must also, on a daily basis and at its sole cost, remove and properly dispose of the debris and waste materials from the Project site. (A) Protection of Existing Property, Structures, and Utilities. If the Specifications indicate existing above-grade and below-grade structures, drainage lines, storm drains, sewers, water, gas, electrical, phone and data cable, and other similar items or utilities known to the City, then DBE will locate these known existing installations before proceeding with trenching or other operations which may cause damage, will maintain them in service where appropriate, and will repair any damage caused to them by the Work, at no increase in the Contract Price. (1) DBE may temporarily mark or paint the ground, pavement, sidewalk, or any other improvements, but must not do so in a public right-of-way or on the Project site more than 30 days prior to the commencement of excavation work performed in connection with an installation. Any mark or paint must be removed from all surfaces, including any decorative work, within 30 days of the completion of the excavation work. DBE is responsible for any expense associated with damages caused by the DBE’s mark or paint, including the removal thereof. (2) DBE will record the location and existence of pavement markers and striping prior to construction, and will provide such records to the City Engineer. DBE will replace in kind any permanent paving marker or striping that it removes or damages, or as marked in the Specifications, at its expense. (B) Air Emissions Control. DBE must not discharge smoke or other air contaminants into the atmosphere in violation of any Laws. (C) Dust and Debris. DBE must minimize and confine dust and debris resulting from the Work. DBE must abate dust nuisance by cleaning, sweeping, and immediately sprinkling with water excavated areas of dirt or other materials prone to cause dust, and within one hour after the City Engineer notifies DBE that an airborne nuisance exists. The City Engineer may direct that DBE provide an approved water-spraying truck for this 764 CC 02-04-2025 764 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 46 purpose. If water is used for dust control, DBE will only use the minimum necessary. DBE must take all necessary steps to keep waste water out of streets, gutters, or storm drains. See Section 7.19, Storm Water Pollution Control. If City determines that the dust control is not adequate, City may have the work done by others and deduct the cost from the Contract Price. DBE will immediately remove any excess excavated material from the Project site and any dirt deposited on public streets. (D) Clean up. Before discontinuing Work in an area, DBE must clean the area and remove all debris and waste along with the construction equipment, tools, machinery, waste and surplus materials. (1) Except as otherwise specified, all excess Project materials, and the materials removed from existing improvements on the Project site with no salvage value or intended reuse by City, will be DBE’s property. (2) Hauling trucks and other vehicles leaving the Project site must be cleaned of exterior mud or dirt before traveling on City streets. Materials and loose debris must be delivered and loaded to prevent dropping materials or debris. DBE must immediately remove spillage from hauling on any publicly traveled way. Streets affected by Work on the Project must be kept clean by street sweeping. (E) Disposal. DBE must dispose of all Project debris and waste materials in a safe and legal manner. DBE may not burn or bury waste materials on the Project site. DBE will not allow any dirt, refuse, excavated material, surplus concrete or mortar, or any associated washings, to be disposed of onto streets, into manholes or into the storm drain system. (F) Completion. At the completion of the Work, DBE must remove from the Project site all of its equipment, tools, surplus materials, waste materials and debris, presenting a clean and neat appearance. Before demobilizing from the Project site, DBE must ensure that all surfaces are cleaned, sealed, waxed, or finished as applicable, and that all marks, stains, paint splatters, and the like have been properly removed from the completed Work and the surrounding areas. DBE must ensure that all parts of the construction are properly joined with the previously existing and adjacent improvements and conditions. DBE must provide all cutting, fitting and patching needed to accomplish that requirement. DBE must also repair or replace all existing improvements that are damaged or removed during the Work, both on and off the Project site, including curbs, sidewalks, driveways, fences, signs, utilities, street surfaces and structures. Repairs and replacements must be at least equal to the previously existing improvements, and the condition, finish and dimensions must match the previously existing improvements. DBE must restore to original condition all property or items that are not designated for alteration under the Contract Documents and leave each Worksite clean and ready for occupancy or use by City. (G) Non-Compliance. If DBE fails to comply with its maintenance and cleanup obligations or any City clean up order, City may, acting in its sole discretion, elect to suspend the Work until the condition(s) is corrected with no increase in the Contract Time or Contract Price, or undertake appropriate cleanup measures without further notice and the cost will be deducted from any amounts due or to become due to DBE. 7.9 Instructions and Manuals. DBE must provide to City one bound [hard] copy and an electronic PDF copy of all instructions and manuals required by the Contract Documents, unless otherwise specified. These must be complete as to drawings, details, parts lists, performance data, and other information that may be required for City to easily maintain and service the materials and equipment installed for this Project. 765 CC 02-04-2025 765 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 47 (A) Submittal Requirements. All manufacturers’ application or installation instructions must be provided to City at least ten days prior to the first such application. The instructions and manuals, along with any required guarantees, must be delivered to City for review. (B) Training. DBE or its Subcontractors must train City’s personnel in the operation and maintenance of any complex equipment or systems as a condition precedent to Final Completion, if required in the Contract Documents. 7.10 As-built Drawings. DBE and its Subcontractors must maintain on the Worksite a separate complete set of the final City-approved Construction Documents, including drawings to be used solely for the purpose of recording changes made in any portion of the Work in order to create accurate record drawings at the end of the Project. (A) Duty to Update. The as-built drawings must be updated as changes occur, on a daily basis if necessary. Progress payments may be reduced, in whole or in part, until the as-built drawings are brought up to date to the satisfaction of City, and the City may choose to withhold the estimated cost for City to have the as-built drawings prepared from payments otherwise due to DBE. Actual locations to scale must be identified on the as-built drawings for all runs of mechanical and electrical work, including all site utilities installed underground, in walls, floors, or otherwise concealed. Deviations from the original drawings must be shown in detail. The exact location of all main runs, whether piping, conduit, ductwork or drain lines, must be shown by dimension and elevation. The location of all buried pipelines, appurtenances, or other improvements must be represented by coordinates and by the horizontal distance from visible above-ground improvements. (B) Final Completion. DBE must verify that all changes in the Work are depicted in the as-built drawings and must deliver the complete set of as-built drawings to the City Engineer for review and acceptance as a condition precedent to Final Completion. 7.11 Existing Utilities. (A) General. The Work may be performed in developed, urban areas with existing utilities, both above and below ground, including utilities identified in the Contract Documents or in other informational documents or records. DBE must take due care to locate identified or reasonably identifiable utilities before proceeding with trenching, excavation, or any other activity that could damage or disrupt existing utilities. This may include excavation with small equipment, potholing, or hand excavation, and, if practical, using white paint or other suitable markings to delineate the area to be excavated. Except as otherwise provided herein, DBE will be responsible for costs resulting from damage to identified or reasonably identifiable utilities due to DBE’s negligence or failure to comply with the Contract Documents, including the requirements in this Article 7. (B) Unidentified Utilities. Pursuant to Government Code § 4215, if, during the performance of the Work, DBE discovers utility facilities not identified by City in the Contract Documents, DBE must immediately provide written notice to City and the utility. City assumes responsibility for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Project site if those utilities are not identified in the Contract Documents. DBE will be compensated in accordance with the provisions of the Contract Documents for the costs of locating, repairing damage not due to DBE’s failure to exercise reasonable care, and removing or relocating such utility facilities not indicated in the Contract Documents with reasonable accuracy, and for equipment on the Project necessarily idled during such work. DBE will not be assessed liquidated damages for delay in completion of the Work, to the extent such delay was caused by City’s failure to provide for removal or relocation of the utility facilities. 766 CC 02-04-2025 766 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 48 7.12 Notice of Excavation. DBE must comply with all applicable requirements in Government Code § 4216.2 through 4216.5, which are incorporated by reference herein. Government Code § 4216.2 requires that, except in an emergency, DBE must contact the appropriate regional notification center, or Underground Services Alert, at least two working days but not more than 14 calendar days before starting any excavation if the excavation will be conducted in an area that is known, or reasonably should be known, to contain subsurface installations. DBE may not begin excavation until it has obtained and submitted to City Engineer an inquiry identification number from Underground Services Alert. 7.13 Trenching and Excavations of Four Feet or More. As required by Public Contract Code § 7104, if the Work includes digging trenches or other excavations that extend deeper than four feet below the surface, the following provisions in this Section apply to the Work and the Project. (A) Duty to Notify. DBE must promptly, and before the following conditions are disturbed, provide written notice to City if DBE finds any of the following conditions: (1) Material that DBE believes may be a hazardous waste, as defined in § 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing Laws; (2) Subsurface or latent physical conditions at the Project site differing from those indicated by information about the Project site made available to DBE prior to the deadline for submitting Proposals; or (3) Unknown physical conditions at the Project site of any unusual nature, materially different from those ordinarily encountered and generally recognized as inherent in work of the character required by the Contract Documents. (B) City Investigation. City will promptly investigate the conditions and if City finds that the conditions do materially differ or do involve hazardous waste, and cause a decrease or increase in DBE’s cost of, or the time required for, performance of any part of the Work, City will issue a Change Order. (C) Disputes. In the event that a dispute arises between City and DBE regarding any of the conditions specified in subsection (A) above, DBE will not be excused from any scheduled completion date provided for in the Contract Documents, but must proceed with all Work to be performed under the Contract. DBE will retain any and all rights provided either by the Contract or by Laws which pertain to the resolution of disputes between DBE and City. 7.14 Trenching of Five Feet or More. As required by Labor Code § 6705, if the Contract Price exceeds $25,000 and the Work includes the excavation of any trench or trenches of five feet or more in depth, a detailed plan must be submitted to City for acceptance in advance of the excavation. The detailed plan must show the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation. If the plan varies from the shoring system standards, it must be prepared by a California registered civil or structural engineer. Use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders is prohibited. 7.15 New Utility Connections. City will pay connection charges and meter costs for new permanent utilities required by the Contract Documents, if any. DBE must notify City 767 CC 02-04-2025 767 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 49 sufficiently in advance of the time needed to request service from each utility provider so that connections and services are initiated in accordance with the Project schedule. 7.16 Lines and Grades. DBE is required to use any benchmark provided by the City Engineer. Unless otherwise specified in the Contract Documents, DBE must provide all lines and grades required to execute the Work. DBE must also provide, preserve, and replace if necessary, all construction stakes required for the Project. All stakes or marks must be set by a California licensed surveyor or a California registered civil engineer. DBE must notify the City Engineer of any discrepancies found between DBE’s staking and grading and information provided by the Contract Documents. Upon completion, all Work must conform to the lines, elevations, and grades shown in the Plans, included any changes directed by a Change Order. 7.17 Historic or Archeological Items. (A) DBE’s Obligations. DBE must ensure that all persons performing Work at the Project site are required to immediately notify the Inspector or Project Manager, upon discovery of any potential historic or archeological items, including historic or prehistoric ruins, burial grounds, archaeological or vertebrate paleontological site, including fossilized footprints or other archeological, paleontological or historical feature on the Project site (collectively, “Historic or Archeological Items”). (B) Discovery; Cessation of Work. Upon discovery of any potential Historic or Archeological Items, Work must be stopped within an 85-foot radius of the find and may not resume until authorized in writing by City. If required by City, DBE must assist in protecting or recovering the Historic or Archeological Items, with any such assistance to be compensated as extra work on a time and materials basis under Article 6, Contract Modification. At City's discretion, suspension of Work required due to discovery of Historic or Archeological Items will be treated as Excusable Delay pursuant to Article 5, or as a suspension for convenience under Article 13. 7.18 Recycling and Waste Disposal. (A) Approved Recycling Facility. DBE must dispose of all recyclable materials at a recycling facility approved by the City Engineer. (B) Inert Solids and Plant Materials. DBE must remove all asphalt concrete, Portland cement concrete, aggregate base material, inert solids and any plant material from the Project site and deposit at an approved recycling facility. DBE must conform the above material to an acceptable size and composition for recycling. (C) Recyclable Materials. DBE must recycle at least 65% of all materials at an approved recycling facility. (D) Waste Management Plan and Disposal Report. If the California Green Building Standards Code applies to the Project, DBE must submit to the City a waste management plan prior to starting work. A disposal report is required upon completion of the Project, for materials that are hauled by DBE or by the City’s franchised hauler. If a waste management plan is required it must be available throughout the duration of the Project for examination by the City. Electronic submittals are acceptable. The waste management plan must include the following: (1) Project title and number; (2) identify the construction methods that will be employed to reduce waste; 768 CC 02-04-2025 768 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 50 (3) Type of material(s) to be recycled, salvaged or landfilled; (4) Specify if the waste will be sorted onsite or bulk-mixed; and (5) Name and address of recycling facility(ies) and landfill(s) to be used; The disposal report must include the following: (1) Project title; (2) Date and time of disposal; (3) Truck number; (4) Type of material recycled, salvaged, or landfilled; (5) Weight of material recycled, salvaged, or landfilled; (6) Name and address of recycling facility or landfill; (7) Certification or weight tags from facility; (8) Weight tags for all material landfilled; and (9) If the recycling goal is not met, provide an explanation, to be approved by City, for why it was not met. (E) Collection of Waste and Debris. Collection of garbage, mixed non-organic recyclables, organic waste, and any construction or demolition materials in debris boxes, compactors, or bin-by-the-day services that are not City franchisees or otherwise agents of the City is prohibited. Notwithstanding the above, DBE must dispose of debris from the Project in one of the following: (1) Franchised hauler bin; (2) A bin owned by DBE or a demolition Subcontractor provided that it is hauled by an employee of the DBE or the demolition Subcontractor and by a vehicle owned and registered to the DBE or the demolition Subcontractor; or (3) Private truck with a bed. (F) Recycling Containers. The disposal of garbage in containers designated for compostable waste recycling is prohibited. 7.19 Storm Water Pollution Control. DBE must not pollute the storm drainage system or any waterways or tributaries with waste materials, pollutants, or other harmful materials. DBE and its Subcontractors must at all times in the performance of the Work comply with all applicable Laws concerning pollution of waterways. (A) Best Management Practices. DBE must remove any waste found or generated at the Project site using the appropriate Best Management Practices (“BMPs”), and must properly dispose of the waste or pollutants off-site. If solid or liquid waste materials or pollutants from the Project enter the storm drain system, DBE must immediately notify the City’s Environmental Services Division, and thoroughly clean up the affected catch basins, storm sewer, and storm manholes to the satisfaction of the City Engineer. If DBE 769 CC 02-04-2025 769 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 51 fails to meet the requirements of this Section, the City may issue a stop-work notice and take necessary action to require DBE to set up preventive measures or clean up the storm drainage system. DBE will bear all costs related to the stop-work action and corrective work, and will not be entitled to an extension of the Contract Time for any resulting delay. (B) Stormwater Permit. DBE must comply with all applicable conditions of the State Water Resources Control Board National Pollutant Discharge Elimination System (“NPDES”) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (“Stormwater Permit”). If required for the Work, a copy of the Stormwater Permit is on file in City’s principal administrative offices, and DBE must comply with the same without adjustment of the Contract Price or the Contract Time. DBE must timely and completely submit required reports and monitoring information required by the conditions of the Stormwater Permit. DBE also must comply with all other applicable Laws governing discharge of stormwater, including applicable municipal stormwater management programs. (C) Failure to Comply with Stormwater Permit. DBE must pay all costs and liabilities imposed by Laws as a result of DBE's failure to comply with the provisions set forth in the Contract Documents. Such costs and liabilities include, but are not limited to, fines, penalties, and damages, whether assessed against the City or DBE, including those levied under the Federal Clean Water Act and the State Porter Cologne Water Quality Act. (D) Storm Water Pollution Prevention Plan Preparation. DBE must incorporate the following BMPs, as applicable, into a site-specific Storm Water Pollution Prevention Plan (“SWPPP”), if required for the Project. The SWPPP must be approved by the City Engineer prior to construction. (1) Non-Hazardous Material/Waste Management. a. DBE must designate areas of the Project site suitable for material delivery, storage, and waste collection that, to the maximum extent practicable, are near construction entrances and away from catch basins, gutters, drainage courses, and creeks. b. DBE must store granular material at least 10 feet away from catch basin and curb returns. c. DBE must prevent granular material to enter the storm drains or creeks. d. During wet weather and when rain is forecast in the next 24 hours, DBE must cover granular material with a tarpaulin and surround the material with sandbags or other weights to ensure that tarpaulin does not expose the material during wind and rain. e. DBE will use minimal amounts of water to control dust on a daily basis or as directed by the City Engineer. f. At the end of each working day or as directed by the City, DBE must clean and sweep roadways and on-site paved areas of all materials on or adjacent to the Worksite. g. Throughout the working day and at the end of each working day, or as directed by the City, DBE must pick up litter, trash, scrap, waste 770 CC 02-04-2025 770 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 52 material, and debris from the Project site and any adjacent sidewalk, curb, and gutter area. DBE must keep the site and perimeter free from cigarette butts and other litter. h. DBE must ensure that lids for trash receptacles are kept closed and that trash receptacles are maintained in a manner that prevents overflows. i. DBE must maintain a clean and litter-free area around all trash receptacles on the site. j. DBE will not use water to flush down streets in place of street sweeping or other dry methods of spill cleanup such as applying absorbent, sweeping up material and disposing it in a waste bin. k. In addition to DBE’s obligation to recycle materials pursuant to Section 7.18 of the General Conditions, DBE must, to the maximum extent practicable, reuse or recycle any useful construction materials generated during the Project. l. DBE must inspect any waste and recycling receptacles for leaks, and must contact the City’s trash hauling franchisee to immediately replace or repair any leaking receptacles. m. DBE will not discharge water on-site as a result of cleaning recycling or trash receptacles. n. DBE must arrange for regular waste collection before receptacles overflow, and must adjust the frequency of service or the receptacle size as needed to ensure that overflows do not occur. (2) Hazardous Material/Waste Management. a. DBE must label and store all hazardous materials including but not limited to pesticides, paints, thinners, solvents, and fuels; and all hazardous wastes, including but not limited to waste oil and antifreeze; in accordance with the City’s Hazardous Materials Storage Ordinance and all applicable Laws. b. DBE must keep an accurate, up-to-date inventory, including Materials Safety Data Sheets (“MSDSs”), of hazardous materials and hazardous wastes stored on-site. c. When rain is forecast within 24 hours or during wet weather, the DBE must not apply chemicals such as pesticides and cleaners, or any materials that may potentially enter the storm drain system, in outside areas. d. DBE must not over-apply pesticides or fertilizers and must follow materials manufacturer’s instructions regarding uses, protective equipment, ventilation, flammability, and mixing of chemicals. Over- application of a pesticide constitutes a “label violation” subject to an enforcement action by the Santa Clara County Agriculture Department. e. DBE must arrange for regular hazardous waste collection to comply with all applicable time limits on storage of hazardous wastes. 771 CC 02-04-2025 771 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 53 f. DBE must dispose of hazardous waste only at authorized and permitted treatment, storage and disposal facilities, and must use only licensed hazardous waste haulers to remove the waste off-site, unless quantities to be transported are below applicable threshold limits for transportation specified in state and federal regulations. g. If DBE’s business office is located in Santa Clara County, DBE may dispose of this waste through the Countywide Hazardous Waste Program. Businesses generating less than 27 gallons or 220 pounds of hazardous waste per month are legally classified as conditionally exempt small quantity generators (“CESQGs”). Information on the CESQG program may be requested by calling the County at (408) 299-7300. (3) Spill Prevention and Control. a. DBE must keep a stockpile of spill cleanup materials, such as rags or absorbents, readily accessible on-site. b. DBE must immediately contain and prevent leaks and spills from entering storm drains, and properly clean up and dispose of the waste and cleanup materials, using dry methods to the extent feasible. If the waste is hazardous, DBE must handle the waste as described in subsection (2) above. c. DBE will not wash any spilled material into streets, gutters, storm drains, or creeks and will not bury spilled hazardous materials. d. DBE must report any hazardous materials spill by calling 911 and must notify the City’s Public Works Environmental Division at 408- 777-3354. (4) Vehicle/Equipment Cleaning. a. DBE will not perform vehicle or equipment cleaning on-site or in the street using soaps, solvents, degreasers, steam cleaning equipment, or equivalent methods. b. DBE must perform vehicle or equipment cleaning, with water only, in a designated, bermed, pervious area that will not allow rinse water to run offsite or into streets, gutters, storm drains, or creeks. (5) Vehicle/Equipment Maintenance and Fueling. a. DBE will not perform maintenance and fueling of vehicles onsite. b. DBE must perform maintenance and fueling of equipment only when necessary, and in a designated, bermed area or over a drip pan that will not allow run-on of storm water or runoff of spills. c. DBE must use secondary containment, such as a drip pan, to catch leaks or spills any time that equipment fluids are dispensed, changed, or poured. 772 CC 02-04-2025 772 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 54 d. DBE must keep a stockpile of spill cleanup materials, such as rags or absorbents, readily accessible on-site to clean up drips and spills. e. DBE must clean up leaks and spills of vehicle or equipment fluids immediately and dispose of the waste and cleanup materials as hazardous waste, as described above. f. DBE will not wash any spilled material into streets, gutters, storm drains, or creeks and shall not bury spilled hazardous materials. g. DBE must report any hazardous materials spill by calling 911. After the emergency has been reported, DBE must notify the City’s Public Works Environmental Division. h. DBE must inspect vehicles and equipment arriving on-site for leaking fluids and shall promptly repair leaking vehicles and equipment. Drip pans must be used to catch leaks until repairs are made. Shut-off valves on equipment must be working properly. i. DBE must comply with all applicable Laws for above-ground storage tanks. (6) DBE Training and Awareness. a. DBE must train all employees and Subcontractors on the SWPPP requirements contained in these General Conditions. b. DBE must include appropriate provisions in its subcontracts to ensure that these SWPPP requirements are met. c. DBE must post warning signs in areas treated with chemicals. d. DBE must paint City-approved stencil or, preferably, apply steel medallions to, any new catch basins with the “No Dumping, Flows to Creek” stencil or medallion markers available from the City’s Public Works Environmental Division. (7) Activity-Specific Requirements. The following requirements apply if the Project includes the listed activities. a. Dewatering or Pumping Operations. (i) DBE must not discharge water to the storm drain system. Water discharges must be directed to a pervious, landscaped, or bioretention area where water will be infiltrated without causing runoff, or routed to the sanitary sewer system after obtaining a permit from Cupertino Sanitary District or Sunnyvale Sanitary, depending on which has jurisdictional authority, or contained using a Baker tank or other means to collect the water for re-use or safe and legal disposal. DBE may contact the City’s Environmental Division for more information on these control measures. (ii) DBE must obtain approval of the City Engineer for any control measure in advance. 773 CC 02-04-2025 773 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 55 (iii) DBE must reuse water for other needs, including but not limited to dust control or irrigation, to the maximum extent practicable. b. Paving Operations. (i) When rain is forecast within 24 hours or during wet weather, the City Engineer may require that paving be delayed for more suitable conditions. (ii) The City Engineer may direct DBE to protect drainage courses by using control measures, including but not limited to, earth dike, straw bale, and sandbag, to divert runoff or trap and filter sediment. DBE must refer to California Storm Water Best Management Practice Handbook for these control measures. (iii) DBE must place drip pans or absorbent material under paving equipment when not in use. (iv) DBE must securely cover catch basins and manholes when paving or applying seal coat, tack coat, slurry seal, or fog seal. (v) DBE must remove, clean and reapply or replace catch basin covers as often as needed to ensure protection of the storm drain system from any material other than rain. (vi) Before Final Completion, DBE must remove and dispose of all catch basin covers and material trapped by the covers. If DBE fails to remove and dispose of the covers and materials trapped, City reserves the right to delay final inspection and/or deduct monies from payments due DBE to compensate the City for its additional costs for removal and disposal of catch basin protection. (vii) If the paving operation includes an on-site mixing plant, DBE must comply with Santa Clara County General Industrial Activities Storm Water Permit requirements. (viii) DBE must preheat, transfer or load hot bituminous material away from drainage systems or watercourses. (ix) DBE will not sweep or wash down excess sand (placed as part of a sand seal or to absorb excess oil) into streets, gutters, storm drains, or creeks. DBE must either collect the sand and return it to the stockpile, or dispose of it in a trash container. DBE will not use water to wash down fresh asphalt concrete pavement. c. Saw Cutting. (i) DBE must use as little water as possible during saw cutting and grinding operations. 774 CC 02-04-2025 774 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 56 (ii) DBE must cover or barricade catch basins using control measures, including but not limited to as filter fabric, straw bales, sandbags, and fine gravel dams, to keep slurry out of the storm drain system. When protecting a catch basin, DBE must ensure that the entire opening is covered. DBE must refer to California Storm Water Best Management Practice Handbook for these control measures. (iii) DBE must remove, clean and reapply or replace catch basin covers. (iv) Before Final Completion, DBE must remove and dispose of all catch basin covers. (v) DBE must shovel, absorb or vacuum saw cut slurry and pick up the waste prior to moving to the next location or at the end of each working day, whichever is sooner. (vi) If saw cut slurry enters catch basins, DBE must remove the slurry from the storm drain system immediately. d. Traffic Detector Loop Installation and Repair. (i) DBE must protect nearby storm drain inlets prior to cutting or flushing slot for traffic detector loops. DBE must block or berm around nearby storm drain inlets using sandbags or an equivalent barrier or use absorbent materials such as pads, pillows and socks to contain slurry. (ii) Before Final Completion, DBE must remove all sandbags and equivalent barriers and absorbent materials from the site and sweep the area clean and away from the storm drain inlet. (iii) DBE must clean up residues by sweeping up as much material as possible and must dispose of material properly. e. Concrete, Grout and Mortar Waste Management. (i) DBE must avoid mixing excess amounts of fresh concrete or cement mortar on-site. (ii) DBE must store concrete, grout and mortar away from drainage areas and ensure that these materials do not enter the storm drain system. (iii) DBE will not wash out concrete trucks or equipment into streets, gutters, storm drains, or creeks. (iv) DBE must perform washout of concrete trucks or equipment off-site or in a designated area on-site where the water will flow onto dirt or into a temporary pit in a dirt area. DBE must let the water percolate into the soil and dispose of the hardened concrete in a trash container. If a suitable dirt area is not available, DBE must collect the wash water and remove it off-site. 775 CC 02-04-2025 775 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 57 (v) DBE will prevent creating runoff by draining water from washing of exposed aggregate concrete to a dirt area. If a suitable dirt area is not available, DBE must collect the wash water and remove it off-site. (vi) Before Final Completion, DBE must remove all protective measures and treatment materials and sweep the site clean. (vii) DBE must collect and return sweepings from exposed aggregate concrete to a stockpile or dispose of the waste in a trash container. f. Painting. (i) DBE must conduct cleaning of painting equipment and tools in a designated area that will not allow run-on of storm water or runoff of spills. (ii) DBE will not allow wash water from cleaning of painting equipment and tools into streets, gutters, storm drains or creeks. (iii) DBE will remove as much excess paint as possible from brushes, rollers and equipment before starting cleanup. (iv) To the maximum extent practicable and with permission from Cupertino Sanitary District, DBE will dispose of wash water from aqueous cleaning of equipment and tools to the sanitary sewer. (v) If DBE cannot dispose of wash water to the sanitary sewer, DBE must direct wash water onto dirt area and spade in. (vi) To the maximum extent practicable, DBE will filter paint thinner and solvents for reuse. (vii) DBE must dispose of thinners, solvents, oil and water- based paint, and sludge from cleaning of equipment and tools as hazardous waste, as described in these General Conditions. (viii) DBE must store paint, solvents, chemicals, and waste materials in compliance with the City of Cupertino Hazardous Materials Storage Ordinance and all applicable state and federal regulations. DBE must store these materials in a designated area that will not allow run-on of storm water or runoff of spills. (ix) DBE must dispose of dry or empty paint cans and buckets, old brushes, rollers, rags, and drop cloths in the trash. g. Earthwork. (i) DBE must use the BMPs for erosion and sedimentation in either the California Storm Water Best Management Practice Handbook - Construction Activity or the ABAG Manual of Standards for Erosion and Sediment Control Measures. 776 CC 02-04-2025 776 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 58 h. Thermoplastic. (i) DBE must transfer and load hot thermoplastic away from drainage systems or watercourses. (ii) DBE must sweep thermoplastic grindings into plastic bags. Yellow thermoplastic grindings may require special handling as they may contain paint. i. Pesticide Usage and Pest Management. (i) DBE must follow all federal, state, and local policies (including the City’s Integrated Pest Management Policy), laws, and regulations governing the use, storage, and disposal of pesticides and training of pest control advisors and applicators. (ii) DBE must submit pest management control methods to City Engineer for approval. Such control methods may include, but are not limited to: no controls; physical or mechanical methods; environmental controls (mulching, pest-resistant vegetation); biological controls (predators, parasites, etc.); less toxic controls (soaps, oils, etc.); and hot water. (iii) DBE must notify and receive permission from the City Engineer and the Public Works Environmental Division before applying any pesticides. (iv) If permitted to use pesticides, DBE must use the least toxic pesticides available and the use and type of such pesticides must be approved by the City. The City will consider the LD50, overall risk to the applicator, and impact to the environment when approving the use of pesticides. (v) DBE must apply pesticides at the appropriate time to maximize their effectiveness and minimize the likelihood of discharging non-degraded pesticides in stormwater runoff. DBE will not apply pesticides if rain is expected. (vi) DBE must mix and apply only as much material as is necessary for treatment. DBE must calibrate application equipment prior to and during use to ensure desired application rate. (vii) DBE will not mix or load pesticides in application equipment adjacent to a storm drain inlet culvert or watercourse. (viii) DBE will not use Clopyralid, Diazinon, Chlorpyrifos, Chloradane, DDT, Dieldrin or other organophosphates. Fipronil and pyrethroids including, but not limited to Deltamethrin and Bifenthrin, will not be applied on City property. (ix) DBE must submit monthly summaries of pesticide use to the Public Works Environmental Division on appropriate City form. Information provided must include, at a minimum, the 777 CC 02-04-2025 777 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 59 product used, the method of application, date applied, the area to which it is applied, and the amount applied. 7.20 Traffic Control and Public Safety. (A) Fences and Barriers. DBE must furnish, erect, and maintain fences, barriers, lights, and signs, and must provide flagging and guards as necessary to give adequate warning to the public of the construction and of any dangerous condition at DBE’s sole cost and expense. City must approve all signs as to size, wording, and location. City, in its sole discretion, may direct DBE to implement additional measures. DBE may be required to cover certain signs which regulate or direct public traffic to roadways that are not open to traffic. The City Engineer will determine which signs must be covered. (B) Manual on Uniform Traffic Control Devices (MUTCD). Notwithstanding the requirements of this Section 7.20, all fences, barriers, signs, lights, flags, and other warning and safety devices and their use must conform to the requirements of Part 6 of the United States Department of Transportation MUTCD and the MUTCD California Supplement. (C) Sign Conflicts. Signs and other protective devices furnished and erected by DBE will not obscure the visibility of, nor conflict in intent, meaning, and function of, existing signs, lights, and traffic control devices or any construction area signs and traffic control devices (D) Public Access. DBE must conduct operations in the manner that offers the least possible obstruction and inconvenience to the public. DBE must complete the Work in a manner that allows for access to public rights-of-way. Unless otherwise provided in the Contract Documents, all public traffic must be permitted to pass through the Work with as little inconvenience and delay as possible. Where possible, public traffic must be routed on new or existing paved surfaces. (E) Public Spills. Spillage resulting from hauling operations along or across any public right-of-way must be removed immediately by DBE at DBE's sole cost and expense. (F) Existing Traffic Signals. Existing traffic signals and highway lighting must be kept in operation and available for routine maintenance during construction. (G) Abutting Properties. Construction operations must be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners. DBE must maintain convenient access to driveways, houses, and buildings, and temporary approaches to crossings or intersecting highways must be provided and kept in good condition. When an abutting property owner's access across the right-of-way line is to be eliminated or replaced by other access facilities, the existing access will not be closed until the replacement access facilities are usable. (H) Lane Closures. Lane closures are not permitted before 7:00 A.M. or after 5:00 P.M. from Monday through Friday or as otherwise specified in the Special Conditions or Specifications. City may, at its sole discretion, approve lane closures during this time upon written request from DBE. DBE must maintain a minimum of two travel lanes for traffic use (one in each direction) at all times. (I) Costs. DBE is solely responsible for all costs for all required traffic control and public safety measures. 778 CC 02-04-2025 778 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 60 7.21 Noise Control. DBE must comply with all applicable noise control laws, ordinances, regulations and rules. Noise control requirements apply to all equipment used for the Work or related to the Work, including trucks, transit mixers or transient equipment that may or may not be owned by DBE. 7.22 Fire Protection Plan. If a fire protection plan is required for this Project, within 21 days after the date of issuance of the Notice to Proceed with Construction Services, DBE must submit to the City Engineer a fire protection plan that has been reviewed and approved by the Santa Clara County Fire Department. In addition to any specified requirements for the fire protection plan, the plan should address all of the following: (A) Equipment spark arresters; (B) Fire-extinguishing equipment at the Worksite(s); (C) Fire response procedures; (D) Notification to authorities of any fire; (E) Fire equipment access during performance of the Work and after hours; (F) Educating and training workers to comply with the fire protection plan (G) Safe storage and transport of flammable materials; and (H) Equipment for ventilation and illumination. Article 8 - Payment 8.1 Payment. For all Services performed in compliance with the Contract Documents, City will compensate DBE in an amount not to exceed the Contract Price, as adjusted by approved Change Orders, if any, as further specified below. 8.2 Schedule of Values. Prior to commencing the Construction Phase, DBE must prepare and submit to the Project Manager a schedule of values apportioned to the various divisions and phases of the Work, including cost allocations for both the Design Services and the Construction Services to be provided during the Construction Phase. Each line item contained in the schedule of values must be assigned a value such that the total of all items required for the Construction Services does not exceed the Contract Price for Construction Services under Section 3.1(B) of the Contract. The items must be sufficiently detailed to enable accurate evaluation of the percentage of completion claimed in each application for payment, and the assigned value consistent with any itemized or unit pricing submitted with DBE’s Proposal. (A) Measurements for Unit Price Work. Materials and items of Work to be paid for on the basis of unit pricing (if any) will be measured according to the methods specified in the Contract Documents. (B) Deleted or Reduced Work. DBE will not be compensated for Work that City has deleted or reduced in scope, except for any labor, material or equipment costs for such Work that DBE reasonably incurred before DBE learned that the Work could be deleted or reduced. DBE will only be compensated for those actual, direct and documented costs incurred, and will not be entitled to any mark up for overhead or lost profits for deleted or reduced scope. 779 CC 02-04-2025 779 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 61 8.3 Progress Payments. Following the last day of each month, or as otherwise required by the Special Conditions or Specifications, DBE will submit to the Project Manager for approval, a monthly application for payment for Work performed during the preceding month based on the estimated value of the Design Services or Construction Services performed during that preceding month. (A) Application for Payment. (1) Each application for payment for Design Services must summarize the Design Services provided during the preceding month and identify each Design Professional that provided those services. (2) Each application for payment for Construction Services must be itemized to include labor, materials, and equipment incorporated into the Work, and materials and equipment delivered to the Project site, as well as authorized and approved Change Orders. Each application for payment for Construction Services must be supported by DBE’s schedule of values and any other substantiating data required by the Contract Documents. If requested by the Project Manager, each application for payment for Construction Services must also be accompanied by an executed Conditional Waiver and Release Upon Progress Payment, using the form specified in Civil Code § 8132 for each Subcontractor that performed Work during the period covered by that application. The application for payment for Construction Services must also include the monthly report documenting compliance with the Skilled and Trained Workforce requirements pursuant to Public Contract Code § 2602, and as specified in Section 9.6, below. (B) Payment of Undisputed Amounts. (1) City will pay the undisputed amount due, as certified by the Project Manager, within 30 days after DBE has submitted a complete and accurate payment application, subject to Public Contract Code § 20104.50. City will deduct a percentage from each progress payment as retention, as set forth in Section 8.6, below, and may withhold additional amounts as set forth in Section 8.4, below. (2) If required by the Project Manager, within 45 days after receipt of each payment from City for Construction Services, DBE must submit an executed Unconditional Waiver and Release Upon Progress Payment, using the form specified in Civil Code § 8134, from each Subcontractor that has received a progress payment from DBE following DBE’s receipt of payment from City. 8.4 Adjustment of Payment Application. City may adjust or reject the amount requested, in a payment application, including application for Final Payment, in whole or in part, if the amount requested is disputed or unsubstantiated. DBE will be notified in writing of the basis for the modifications to the amount requested. City may also deduct or withhold from payment otherwise due based upon any of the circumstances listed below. Sums withheld from payment otherwise due will be released when the basis for that withholding has been remedied and no longer exists. (A) DBE’s unexcused failure to perform the Work as required by the Contract Documents, including correction or completion of punch list items City may withhold or deduct an amount based on the City’s estimated cost to correct or complete the Work; (B) Loss or damage caused by DBE or its Subcontractors arising out of or relating to performance of the Work or any failure to protect the Project Site, City may deduct an amount based on the estimated cost to repair or replace; 780 CC 02-04-2025 780 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 62 (C) DBE’s failure to pay its Subcontractors and suppliers when payment is due, City may withhold an amount equal to the total of past due payments and may opt to pay that amount separately via joint check pursuant to Section 8.6(B), Joint Checks. (D) DBE’s failure to timely correct rejected, nonconforming, or defective Work, City may withhold or deduct an amount based on the City’s estimated cost to correct or complete the Work; (E) For any unreleased stop notice, City may withhold 125% of the amount claimed; (F) DBE’s failure to submit any required schedule, schedule update or daily reports in the manner and within the time specified in the Contract Documents, City may withhold or deduct an amount an amount equal to ten percent of the total amount requested until DBE complies with its schedule submittal obligations; (G) DBE’s failure to maintain or submit as-built documents in the manner and within the time specified in the Contract Documents City may withhold or deduct an amount based on the City’s cost to prepare the as-builts; (H) For Work performed without Shop Drawings that have been accepted by City, when accepted Shop Drawings are required before proceeding with the Work, City may deduct an amount based on the estimated costs to correct unsatisfactory work or diminution in value; (I) For fines, payments, or penalties assessed under the Labor Code, City may deduct from payments due to DBE as required by Laws and as directed by the Division of Labor Standards Enforcement; (J) For any other costs or charges that may be withheld or deducted from payments to DBE, as provided in the Contract Documents, including liquidated damages, City may withhold or deduct such amounts from payment otherwise due to DBE; and (K) For failure to release claims as to undisputed amounts pursuant to Section 8.10, below 8.5 Early Occupancy. Neither City’s payment of progress payments nor its partial or full use or occupancy of the Project constitutes acceptance of any part of the Work. 8.6 Retention. City will retain five percent of the amount due on each progress payment (i.e., the amount due before any withholding or deductions pursuant to Section 8.4, Adjustment to Payment Application), or the percentage stated in the RFP, whichever is greater, as retention to ensure full and satisfactory performance of the Services. DBE is not entitled to any reduction in the rate of withholding at any time, nor to release of any retention before 35 days following City’s acceptance of the Project. (A) Substitution of Securities. As provided by Public Contract Code § 22300, DBE may request in writing that it be allowed, at its sole expense, to substitute securities for the retention withheld by City. Any escrow agreement entered into pursuant to this provision will fully comply with Public Contract Code § 22300 and will be subject to approval as to form by City’s legal counsel. If City exercises its right to draw upon such securities in the event of default pursuant to section (7) of the statutory Escrow Agreement for Security Deposits in Lieu of Retention, pursuant to subdivision (f) of Public Contract Code § 22300 (“Escrow Agreement”), and if DBE disputes that it is in default, its sole remedy is to comply with the dispute resolution procedures in Article 12 and the provisions therein. It is agreed that if any individual authorized to give or receive written 781 CC 02-04-2025 781 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 63 notice on behalf of a party pursuant to section (10) of the Escrow Agreement are unavailable to give or receive notice on behalf of that party due to separation from employment, retirement, death, or other circumstances, the successor or delegee of the named individual is deemed to be the individual authorized to give or receive notice pursuant to section (10) of the Escrow Agreement. (B) Release of Undisputed Retention. All undisputed retention, less any amounts that may be assessed as liquidated damages, retained for stop notices, or otherwise withheld pursuant to Section 8.4 or 8.7, will be released as Final Payment to DBE no sooner than 35 days following recordation of the notice of completion, and no later than 60 days following acceptance of the Project by City’s governing body or authorized designee pursuant to Section 11.1(C) Acceptance, or, if the Project has not been accepted, no later than 60 days after the Project is otherwise considered complete pursuant to Public Contract Code § 7107(c), as determined by City based on its records. 8.7 Setoff. City is entitled to set off any amounts due from DBE against any payments due to DBE. City’s entitlement to setoff includes progress payments as well as Final Payment and release of retention. 8.8 Payment to Subcontractors and Suppliers. Each month, DBE must promptly pay each Subcontractor and supplier the value of the portion of labor, materials, and equipment incorporated into the Work or delivered to the Project site by the Subcontractor or supplier during the preceding month. Such payments must be made in accordance with the requirements of Laws pertaining to such payments, and those of the Contract Documents and applicable subcontract or supplier contract. (A) Withholding for Stop Notice. City will withhold 125% of the amount claimed by an unreleased stop notice, a portion of which may be retained by City for the costs incurred in handling the stop notice claim, including attorneys’ fees and costs, as authorized by law. (B) Joint Checks. City reserves the right, acting in its sole discretion, to issue joint checks made payable to DBE and its Subconsultants, Subcontractors or suppliers, if City determines this is necessary to ensure fair and timely payment for a Subcontractor or supplier who has provided services or goods for the Project. As a condition to release of payment by a joint check, the joint check payees may be required to execute a joint check agreement in a form provided or approved by the City Attorney’s Office. The joint check payees will be jointly and severally responsible for the allocation and disbursement of funds paid by joint check. Payment by joint check will not be construed to create a contractual relationship between City and a Subcontractor or supplier of any tier beyond the scope of the joint check agreement. 8.9 Final Payment. DBE’s application for Final Payment must comply with the requirements for submitting an application for a progress payment as stated in Section 8.3, above. Corrections to previous progress payments, including adjustments to estimated quantities for unit priced items, may be included in the Final Payment. If DBE fails to submit a timely application for Final Payment, City reserves the right to unilaterally process and issue Final Payment without an application from DBE in order to close out the Project. For the purposes of determining the deadline for Claim submission pursuant to Article 12, the date of Final Payment is deemed to be the date that City acts to release undisputed retention as final payment to DBE, or otherwise provides written notice to DBE of Final Payment or that no undisputed funds remain available for Final Payment due to offsetting withholdings or deductions pursuant to Section 8.4, Adjustment of Payment Application. If the amount due from DBE to City exceeds the amount of Final Payment, City retains the right to recover the balance from DBE or its sureties. 782 CC 02-04-2025 782 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 64 8.10 Release of Claims. City may, at any time, require that payment of the undisputed portion of any progress payment or Final Payment (excepting undisputed retention subject to release under Public Contract Code § 7107) be contingent upon DBE furnishing City with a written waiver and release of all claims against City arising from or related to the portion of Work covered by those undisputed amounts subject to the limits of Public Contract Code § 7100. The waiver and release of claims must be submitted using the City’s Release of Claims form. Any disputed amounts may be specifically excluded from the release. 8.11 Warranty of Title. DBE warrants that title to all work, materials, or equipment incorporated into the Work or delivered to a Project site, and included in a request for payment will pass over to City free of any claims, liens, or encumbrances upon any payment to DBE. Article 9 - Labor Provisions 9.1 Discrimination Prohibited. Discrimination against any prospective or present employee engaged in the Work on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status is strictly prohibited. DBE and its Subcontractors are required to comply with all applicable Laws prohibiting discrimination, including the California Fair Employment and Housing Act (Government Code § 12900 et seq.), Government Code § 11135, and Labor Code §§ 1735, 1777.5, 1777.6, and 3077.5. 9.2 Labor Code Requirements. The following requirements apply to any work classified as "public works" pursuant to Labor Code § 1720 et seq. (and any corresponding regulations): (A) Eight Hour Day. Pursuant to Labor Code § 1810, eight hours of labor constitute a legal day’s work under this Contract. (B) Penalty. Pursuant to Labor Code § 1813, DBE will forfeit to City as a penalty, the sum of $25.00 for each day during which a worker employed by DBE or any Subcontractor is required or permitted to work more than eight hours in any one calendar day or more than 40 hours per calendar week, except if such workers are paid overtime under Labor Code § 1815. (C) Apprentices. DBE is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code § 1777.5, which is fully incorporated by reference. (D) Notices. Pursuant to Labor Code § 1771.4, DBE is required to post all job site notices prescribed by Laws. 9.3 Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code § 1720 or 1720.9, including cleanup at the Project site, must be paid at a rate not less than the prevailing wage as defined in § 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City and available online at http://www.dir.ca.gov/dlsr. DBE must post a copy of the applicable prevailing rates at the Project site. (A) Penalties. Pursuant to Labor Code § 1775, DBE and any Subcontractor will forfeit to City as a penalty up to $200.00 for each calendar day, or portion a day, for each worker paid less than the applicable prevailing wage rate. DBE must also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker. 783 CC 02-04-2025 783 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 65 (B) Federal Requirements. If the Project is subject to federal prevailing wage requirements in addition to California prevailing wage requirements, DBE and its Subcontractors are required to pay the higher of the currently applicable prevailing wage rates. 9.4 Payroll Records. At all times during performance of Construction Services, DBE must comply with the provisions of Labor Code §§ 1776 and 1812 and all implementing regulations, which are fully incorporated by this reference, including requirements for electronic submission of payroll records. (A) DBE and Subcontractor Obligations. DBE and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct. (2) DBE or Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project. (B) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, or to the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code. (C) Enforcement. Upon notice of noncompliance with Labor Code § 1776, DBE or Subcontractor has ten days in which to comply with the requirements of this section. If DBE or Subcontractor fails to do so within the ten day period, DBE or Subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from progress payments then due. 9.5 Labor Compliance. Pursuant to Labor Code § 1771.4, Services subject to this Article are subject to compliance monitoring and enforcement by the DIR. 9.6 Skilled and Trained Workforce. DBE and its Subcontractors of every tier must use a Skilled and Trained Workforce, to perform all Work on the Project that falls within an apprenticeable occupation in the building and construction trades. DBE will submit a report each month to the City demonstrating compliance with this requirement during the previous calendar month. The monthly report on compliance with Skilled and Trained Workforce compliance during the previous calendar month, must be submitted with DBE’s monthly application for progress payments. Article 10 - Safety Provisions 10.1 Safety Precautions and Programs. DBE and its Subcontractors are fully responsible for safety precautions and programs, and for the safety of persons and property in the performance of the Work. DBE and its Subcontractors must at all times comply with all applicable safety Laws and seek to avoid injury, loss, or damage to persons or property 784 CC 02-04-2025 784 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 66 by taking reasonable steps to protect its employees and other persons at the Worksite, materials and equipment stored on or off site, and property at or adjacent to the Worksite. (A) Reporting Requirements. DBE must immediately notify the City of any death, serious injury or illness resulting from Work on the Project. DBE must immediately provide a written report to City of each recordable accident or injury occurring at any Worksite within 24 hours of the occurrence. The written report must include: (1) the name and address of the injured or deceased person; (2) the name and address of each employee of DBE or of any Subcontractor involved in the incident; (3) a detailed description of the incident, including precise location, time, and names and contact information for known witnesses; and (4) a police or first responder report, if applicable. If DBE is required to file an accident report with a government agency, DBE will provide a copy of the report to City. (B) Legal Compliance. DBE’s safety program must comply with the applicable legal and regulatory requirements. DBE must provide City with copies of all notices required by Laws. (C) DBE’s Obligations. Any damage or loss caused by DBE arising from the Work which is not insured under property insurance must be promptly remedied by DBE. (D) Remedies. If City determines, in its sole discretion, that any part of the Work or Project site is unsafe, City may, without assuming responsibility for DBE’s safety program, require DBE or its Subcontractor to cease performance of the Work or to take corrective measures to City’s satisfaction. If DBE fails to promptly take the required corrective measures, City may perform them and deduct the cost from the Contract Price. DBE agrees it is not entitled to submit a Claim for damages, for an increase in Contract Price, or for a change in Contract Time based on DBE’s compliance with City’s request for corrective measures pursuant to this provision. 10.2 Hazardous Materials. Unless otherwise specified, this Contract does not include the removal, handling, or disturbance of any asbestos or other Hazardous Materials. If DBE encounters materials on the Project site that DBE reasonably believes to be asbestos or other Hazardous Materials, and the asbestos or other Hazardous Materials have not been rendered harmless, DBE may continue Work in unaffected areas reasonably believed to be safe, but must immediately cease work on the area affected and report the condition to City. No asbestos, asbestos-containing products or other Hazardous Materials may be used in performance of the Work. 10.3 Material Safety. DBE is solely responsible for complying with § 5194 of Title 8 of the California Code of Regulations, including by providing information to DBE’s employees about any hazardous chemicals to which they may be exposed in the course of the Work. A hazard communication program and other forms of warning and training about such exposure must be used. DBE must also maintain Safety Data Sheets (“SDS”) at the Project site, as required by Laws, for materials or substances used or consumed in the performance of the Work. The SDS will be accessible and available to DBE’s employees, Subcontractors, and City. (A) DBE Obligations. DBE is solely responsible for the proper delivery, handling, use, storage, removal, and disposal of all materials brought to the Project site and/or used in the performance of the Work. DBE must notify the City Engineer if a specified product or material cannot be used safely. (B) Labeling. DBE must ensure proper labeling on any material brought onto the Project site so that any persons working with or in the vicinity of the material may be 785 CC 02-04-2025 785 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 67 informed as to the identity of the material, any potential hazards, and requirements for proper handling, protections, and disposal. 10.4 Hazardous Condition. DBE is solely responsible for determining whether a hazardous condition exists or is created during the course of the Work, involving a risk of bodily harm to any person or risk of damage to any property. If a hazardous condition exists or is created, DBE must take all precautions necessary to address the condition and ensure that the Work progresses safely under the circumstances. Hazardous conditions may result from, but are not limited to, use of specified materials or equipment, the Work location, the Project site condition, the method of construction, or the way any Work must be performed. 10.5 Emergencies. In an emergency affecting the safety or protection of persons, Work, or property at or adjacent to any Worksite, DBE must take reasonable and prompt actions to prevent damage, injury, or loss, without prior authorization from the City if, under the circumstances, there is inadequate time to seek prior authorization from the City. Article 11 - Completion and Warranty Provisions 11.1 Final Completion. (A) Final Inspection and Punch List. When the Work required by this Contract is fully performed, DBE must provide written notification to City requesting final inspection. The Project Manager will schedule the date and time for final inspection, which must include DBE’s primary representative for this Project and its superintendent for the Construction Services. Based on that inspection, City will prepare a punch list of any items that are incomplete, incorrectly installed, or otherwise not operating as required by the Contract Documents. City will deliver the punch list to DBE and will specify the time by which all of the punch list items must be completed or corrected. The punch list may include City’s estimated cost to complete each punch list item if DBE fails to do so within the specified time. The omission of any non-compliant item from a punch list will not relieve DBE from fulfilling all requirements of the Contract Documents. DBE’s failure to complete any punch list item within the time specified in the punch list will not waive or abridge its warranty obligations for any such items that must be completed by the City or by a third party retained by the City due to DBE’s failure to timely complete any such outstanding item. If DBE requests final inspection and City determines that Work exceeding five percent of the total value of the Contract, as adjusted, remains unfinished, DBE will be responsible for City’s costs, including staff time, for performance of the final inspection on a premature basis. (B) Requirements for Final Completion. Final Completion will be achieved upon completion or correction of all punch list items, as verified by City’s further inspection, and upon satisfaction of all other Contract requirements, including any commissioning required under the Contract Documents and submission of all final submittals, instructions and manuals as required under Section 7.9, and as-built drawings as required under Section 7.10, all to City’s satisfaction. (C) Acceptance. The Project will be considered accepted upon City Council action during a public meeting to accept the Project, unless the City Engineer is authorized to accept the Project, in which case the Project will be considered accepted upon the date of the City Engineer’s issuance of a written notice of acceptance. In order to avoid delay of Project close out, the City may elect, acting in its sole discretion, to accept the Project as complete subject to exceptions for punch list items that are not completed within the time specified in the punch list. 786 CC 02-04-2025 786 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 68 (D) Final Payment and Release of Retention. Final Payment and release of retention, less any sums withheld pursuant to the provisions of the Contract Documents, will not be made sooner than 35 days after recordation of the notice of completion. If DBE fails to complete all of the punch list items within the specified time, City may withhold up to 150% of City’s estimated cost to complete each of the remaining items from Final Payment and may use the withheld retention to pay for the costs to self-perform the outstanding items or to retain a third party to complete any such outstanding punch list item. 11.2 Warranty. (A) General. DBE warrants that all materials and equipment will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. DBE further warrants that the Work will be free from material defects not intrinsic in the design or materials required in the Contract Documents. DBE warrants that materials or items incorporated into the Work comply with the requirements and standards in the Contract Documents, including compliance with Laws, and that any Hazardous Materials encountered or used were handled as required by Laws. At City’s request, DBE must furnish satisfactory evidence of the quality and type of materials and equipment furnished. DBE’s warranty does not extend to damage caused by normal wear and tear, or improper use or maintenance. (B) Warranty Period. DBE’s warranty must guarantee its Work for a period of one year from the date of recordation of the notice of completion (the “Warranty Period”), except when a longer guarantee is provided by a supplier or manufacturer or is required by the Specifications or Special Conditions. DBE must obtain from its Subcontractors, suppliers and manufacturers any special or extended warranties required by the Contract Documents. (C) Warranty Documents. As a condition precedent to Final Completion, DBE must supply City with all warranty and guarantee documents relevant to equipment and materials incorporated into the Work and guaranteed by their suppliers or manufacturers. (D) Subcontractors. The warranty obligations in the Contract Documents apply to Work performed by DBE and its Subcontractors, and DBE agrees to be co-guarantor of such Work. (E) DBE’s Obligations. Upon written notice from City to DBE of any defect in the Work discovered during the Warranty Period, DBE or its responsible Subcontractor must promptly correct the defective Work at its own cost. DBE’s obligation to correct defects discovered during the Warranty Period will continue past the expiration of the Warranty Period as to any defects in Work for which DBE was notified prior to expiration of the Warranty Period. Work performed during the Warranty Period (“Warranty Work”) will be subject to the warranty provisions in this Section 11.2 for a one-year period that begins upon completion of such Warranty Work to City’s satisfaction. (F) City’s Remedies. If DBE and/or its responsible Subcontractor fails to correct defective Work within ten days following notice by City, or sooner if required by the circumstances, DBE expressly agrees that City may correct the defects to conform with the Contract Documents at DBE’s sole expense, and DBE agrees to reimburse City for its costs within 30 days following City’s submission of a demand(s) for payment pursuant to this provision. If City is required to initiate legal action to compel DBE’s compliance with this provision, and City is the prevailing party in such action, DBE is solely responsible for all of City’s attorney’s fees and legal costs expended to enforce DBE’s warranty obligations herein in addition to any and all costs City incurs to correct the defective Work. 787 CC 02-04-2025 787 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 69 (G) Emergency Repairs. In cases of emergency where any delay in correcting defective Work could cause harm, loss or damage, DBE expressly agrees that City may immediately correct the defects to conform with the Contract Documents at DBE’s sole expense, and DBE agrees to reimburse City for its costs within 30 days following City’s submission of a demand(s) for payment pursuant to this provision. If City is required to initiate legal action to compel DBE’s compliance with this provision, and City is the prevailing party in such action, DBE and its surety are solely responsible for all of City’s attorney’s fees and legal costs expended to enforce DBE’s warranty obligations herein in addition to any and all costs City incurs to immediately correct the defective Work, including any associated overtime expenses. 11.3 Use Prior to Final Completion. City reserves the right to occupy or make use of the Project, or any portions of the Project, prior to Final Completion if City has determined that the Project or portion of it is in a condition suitable for the proposed occupation or use, and that it is in its best interest to occupy or make use of the Project, or any portions of it, prior to Final Completion. City will notify DBE in writing of its intent to occupy or make use of the Project or any portions of the Project, pursuant to this provision. (A) Non-Waiver. Occupation or use of the Project, in whole or in part prior to Final Completion will not operate as acceptance of the Work or any portion of it, nor will it operate as a waiver of any of City’s rights or DBE’s duties pursuant to these Contract Documents, and will not affect nor bear on the determination of the time of substantial completion with respect to any statute of repose pertaining to the time for filing an action for construction defect. (B) City’s Responsibility. City will be responsible for the cost of maintenance and repairs due to normal wear and tear with respect to those portions of the Project that are being occupied or used before Final Completion. The Contract Price or the Contract Time may be adjusted pursuant to the applicable provisions of these Contract Documents if, and only to the extent that, any occupation or use under this Section actually adds to DBE’s cost or time to complete the Work within the Contract Time. 11.4 Substantial Completion. For purposes of determining “substantial completion” with respect to any statute of repose pertaining to the time for filing an action for construction defect, “substantial completion” is deemed to mean the last date that DBE or any Subcontractor performs Work on the Project prior to recordation of the notice of completion, except for warranty work performed under this Article. Article 12 - Dispute Resolution 12.1 Claims. This Article applies to and provides the exclusive procedures for any Claim arising from or related to the Contract or performance of the Work. (A) Definition. “Claim” means a separate demand by DBE, submitted in writing by registered or certified mail with return receipt requested, for a change in the Contract Time, including a time extension or relief from liquidated damages, or a change in the Contract Price, when the demand has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been rejected or disputed by City, in whole or in part. (B) Limitations. A Claim may only include the portion of a previously rejected demand that remains in dispute between DBE and City. With the exception of any dispute regarding the amount of money actually paid to DBE as Final Payment, DBE is not entitled to submit a Claim demanding a change in the Contract Time or the Contract 788 CC 02-04-2025 788 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 70 Price, which has not previously been submitted to City in full compliance with Article 5 and Article 6, and subsequently rejected in whole or in part by City. (C) Scope of Article. This Article is intended to provide the exclusive procedures for submission and resolution of Claims of any amount, and applies in addition to the provisions of Public Contract Code § 9204 and § 20104 et seq., which are incorporated by reference herein. (D) No Work Delay. Notwithstanding the submission of a Claim or any other dispute between the parties related to the Project or the Contract Documents, DBE must perform the Work and may not delay or cease Work pending resolution of a Claim or other dispute, but must continue to diligently prosecute the performance and timely completion of the Work, including the Work pertaining to the Claim or other dispute. (E) Informal Resolution. DBE will make a good faith effort to informally resolve a dispute before initiating a Claim, preferably by face-to-face meeting between authorized representatives of DBE and City. 12.2 Claims Submission. The following requirements apply to any Claim subject to this Article: (A) Substantiation. The Claim must be submitted to City in writing, clearly identified as a “Claim” submitted pursuant to this Article 12, and must include all of the documents necessary to substantiate the Claim including the Change Order request that was rejected in whole or in part, and a copy of City’s written rejection that is in dispute. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Contract Documents, and a chronology of relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all known or estimated labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each component of claimed cost. Any Claim for an extension of time or delay costs must be substantiated with a schedule analysis and narrative depicting and explaining claimed time impacts. (B) Claim Format and Content. A Claim must be submitted in the following format: (1) Provide a cover letter, specifically identifying the submission as a “Claim” submitted under this Article 12, and specifying the requested remedy (e.g., amount of proposed change to Contract Price and/or change to Contract Time). (2) Provide a summary of each Claim, including underlying facts and the basis for entitlement, and identify each specific demand at issue, including the specific Change Order request (by number and submittal date), and the date of City's rejection of that demand, in whole or in part. (3) Provide a detailed explanation of each issue in dispute. For multiple issues included within a single Claim or for multiple Claims submitted concurrently, separately number and identify each individual issue or Claim, and include the following for each separate issue or Claim: a. A succinct statement of the matter in dispute, including DBE’s position and the basis for that position; b. Identify and attach all documents that substantiate the Claim, including relevant provisions of the Contract Documents, calculations, and schedule analysis (see subsection (A), Substantiation, above); 789 CC 02-04-2025 789 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 71 c. A chronology of relevant events; and d. Analysis and basis for claimed changes to Contract Price, Contract Time, or any other remedy requested. (4) Provide a summary of issues and corresponding claimed damages. If, by the time of the Claim submission deadline (below), the precise amount of the requested change in the Contract Price or Contract Time is not yet known, DBE must provide a good faith estimate, including the basis for that estimate, and must identify the date by which it is anticipated that the Claim will be updated to provide final amounts. (5) Include the following certification, executed by DBE’s authorized representative: “The undersigned DBE certifies under penalty of perjury that its statements and representations in this Claim submittal are true and correct. DBE warrants that this Claim submittal is comprehensive and complete as to the matters in dispute, and agrees that any costs, expenses, or delay claim not included herein are deemed waived. DBE understands that submission of a Claim which has no basis in fact or which DBE knows to be false may violate the False Claims Act (Government Code § 12650 et seq.).” (C) Submission Deadlines. (1) A Claim must be submitted within 15 days following the date that City notified DBE in writing that a request for a change in the Contract Time or Contract Price, duly submitted in compliance with Article 5 and Article 6, has been rejected in whole or in part. This Claim deadline applies even if DBE cannot yet quantify the total amount of any requested change in the Contract Time or Contract Price. If the DBE cannot quantify those amounts, it must submit an estimate of the amounts claimed pending final determination of the requested remedy by DBE. (2) With the exception of any dispute regarding the amount of Final Payment, any Claim must be filed on or before the date of Final Payment, or will be deemed waived. (3) A Claim disputing the amount of Final Payment must be submitted within 15 days of the effective date of Final Payment, under Section 8.9, Final Payment. (4) Strict compliance with these Claim submission deadlines is necessary to ensure that any dispute may be mitigated as soon as possible, and to facilitate cost-efficient administration of the Project. Any Claim that is not submitted within the specified deadlines will be deemed waived by DBE. 12.3 City’s Response. City will respond within 45 days of receipt of the Claim with a written statement identifying which portion(s) of the Claim are disputed, unless the 45-day period is extended by mutual agreement of City and DBE or as otherwise allowed under Public Contract Code § 9204. However, if City determines that the Claim is not adequately substantiated pursuant to Section 12.2(A), Substantiation, City may first request in writing, within 30 days of receipt of the Claim, any additional documentation supporting the Claim or relating to defenses to the Claim that City may have against the Claim. If DBE fails to submit the additional documentation to City within 15 days of receipt of City’s request, the Claim will be deemed waived. 790 CC 02-04-2025 790 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 72 (A) Additional Information. If additional information is thereafter required, it may be requested and provided upon mutual agreement of City and DBE. If DBE’s Claim is based on estimated amounts, DBE has a continuing duty to update its Claim as soon as possible with information on actual amounts in order to facilitate prompt and fair resolution of the Claim. (B) Non-Waiver. Any failure by City to respond within the times specified above will not be construed as acceptance of the Claim in whole or in part, or as a waiver of any provision of these Contract Documents. 12.4 Meet and Confer. If DBE disputes City’s written response, or City fails to respond within the specified time, within 15 days of receipt of City’s response, or within 15 days of City’s failure to respond within the applicable 45-day time period under Section 12.3, respectively, DBE may notify City of the dispute in writing sent by registered or certified mail, return receipt requested, and demand an informal conference to meet and confer for settlement of the issues in dispute. If DBE fails to dispute City’s response in writing within the specified time, DBE’s Claim will be deemed waived. (A) Schedule Meet and Confer. Upon receipt of the demand to meet and confer, City will schedule the meet and confer conference to be held within 30 days, or later if needed to ensure the mutual availability of each of the individuals that each party requires to represent its interests at the meet and confer conference. (B) Location for Meet and Confer. The meet and confer conference will be scheduled at a location at or near City’s principal office. (C) Written Statement After Meet and Confer. Within ten working days after the meet and confer has concluded, City will issue a written statement identifying which portion(s) of the Claim remain in dispute, if any. (D) Submission to Mediation. If the Claim or any portion remains in dispute following the meet and confer conference, within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute, the DBE may identify in writing disputed portion(s) of the Claim, which will be submitted for mediation, as set forth below. 12.5 Mediation and Government Code Claims. (A) Mediation. Within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute following the meet and confer, City and DBE will mutually agree to a mediator, as provided under Public Contract Code § 9204. Mediation will be scheduled to ensure the mutual availability of the selected mediator and all of the individuals that each party requires to represent its interests. If there are multiple Claims in dispute, the parties may agree to schedule the mediation to address all outstanding Claims at the same time. The parties will share the costs of the mediator and mediation fees equally, but each party is otherwise solely and separately responsible for its own cost to prepare for and participate in the mediation, including costs for its legal counsel or any other consultants. (B) Government Code Claims. (1) Timely presentation of a Government Code Claim is a condition precedent to filing any legal action based on or arising from the Contract. Compliance with the Claim submission requirements in this Article 12 is a condition precedent to filing a Government Code Claim. 791 CC 02-04-2025 791 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 73 (2) The time for filing a Government Code Claim will be tolled from the time DBE submits its written Claim pursuant to Section 12.2, above, until the time that Claim is denied in whole or in part at the conclusion of the meet and confer process, including any period of time used by the meet and confer process. However, if the Claim is submitted to mediation, the time for filing a Government Code Claim will be tolled until conclusion of the mediation, including any continuations, if the Claim is not fully resolved by mutual agreement of the parties during the mediation or any continuation of the mediation. 12.6 Tort Claims. This Article does not apply to tort claims and nothing in this Article is intended nor will be construed to change the time periods for filing tort-based Government Code Claims. 12.7 Arbitration. It is expressly agreed, under Code of Civil Procedure § 1296, that in any arbitration to resolve a dispute relating to this Contract, the arbitrator’s award must be supported by law and substantial evidence. 12.8 Burden of Proof and Limitations. DBE bears the burden of proving entitlement to and the amount of any claimed damages. DBE is not entitled to damages calculated on a total cost basis, but must prove actual damages. DBE is not entitled to speculative, special, or consequential damages, including home office overhead or any form of overhead not directly incurred at the Project site or any other Worksite; lost profits; loss of productivity; lost opportunity to work on other projects; diminished bonding capacity; increased cost of financing for the Project; extended capital costs; non-availability of labor, material or equipment due to delays; or any other indirect loss arising from the Contract. The Eichleay Formula or similar formula will not be used for any recovery under the Contract. The City will not be directly liable to any Subcontractor or supplier. 12.9 Legal Proceedings. In any legal proceeding that involves enforcement of any requirements of the Contract Documents, the finder of fact will receive detailed instructions on the meaning and operation of the Contract Documents, including conditions, limitations of liability, remedies, claim procedures, and other provisions bearing on the defenses and theories of liability. Detailed findings of fact will be requested to verify enforcement of the Contract Documents. All of the City's remedies under the Contract Documents will be construed as cumulative, and not exclusive, and the City reserves all rights to all remedies available under law or equity as to any dispute arising from or relating to the Contract Documents or performance of the Work. 12.10 Other Disputes. The procedures in this Article 12 will apply to any and all disputes or legal actions, in addition to Claims, arising from or related to this Contract, including disputes regarding suspension or early termination of the Contract, unless and only to the extent that compliance with a procedural requirement is expressly and specifically waived by City. Nothing in this Article is intended to delay suspension or termination under Article 13. Article 13 - Suspension and Termination 13.1 Suspension for Cause. In addition to all other remedies available to City, if DBE fails to perform or correct Work in accordance with the Contract Documents, including non- compliance with applicable environmental or health and safety Laws, City may immediately order the Work, or any portion of it, suspended until the circumstances giving rise to the suspension have been eliminated to City’s satisfaction. 792 CC 02-04-2025 792 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 74 (A) Failure to Comply. DBE will not be entitled to an increase in the Contract Time or Contract Price for a suspension occasioned by DBE’s failure to comply with the Contract Documents. (B) No Duty to Suspend. City’s right to suspend the Work will not give rise to a duty to suspend the Work, and City’s failure to suspend the Work will not constitute a defense to DBE’s failure to comply with the requirements of the Contract Documents. 13.2 Suspension for Convenience. City reserves the right to suspend, delay, or interrupt the performance of the Work in whole or in part, for a period of time determined to be appropriate for City’s convenience. Upon notice by City pursuant to this provision, DBE must immediately suspend, delay, or interrupt the Work and secure the Project site as directed by City except for taking measures to protect completed or in progress Work as directed in the suspension notice. The Contract Price and the Contract Time will be equitably adjusted by Change Order pursuant to the terms of Article 5 and 6 to reflect the cost and delay impact occasioned by such suspension for convenience, except to the extent that any such impacts were caused by DBE’s failure to comply with the Contract Documents or the terms of suspension notice. However, the time for completing the Project will only be extended if the suspension causes or will cause delay in Final Completion. If DBE disputes the terms of a Change Order issued for such equitable adjustment due to suspension, its sole recourse is to comply with the Claim procedures in Article 12. 13.3 Termination for Default. City may declare that DBE is in default of the Contract for a material breach of or inability to fully, promptly, or satisfactorily perform its obligations under the Contract. (A) Default. Events giving rise to a declaration of default include DBE’s refusal or failure to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; DBE’s refusal or failure to make prompt payment to its employees, Subcontractors, or suppliers or to correct defective Work or damage; DBE’s failure to comply with Laws, or orders of any public agency with jurisdiction over the Project; evidence of DBE’s bankruptcy, insolvency, or lack of financial capacity to complete the Work as required within the Contract Time; suspension, revocation, or expiration and nonrenewal of Contractor’s license or DIR registration; dissolution, liquidation, reorganization, or other major change in DBE’s organization, ownership, structure, or existence as a business entity; unauthorized assignment of DBE’s rights or duties under the Contract; or any material breach of the Contract requirements. (B) Notice of Default and Opportunity to Cure. Upon City’s declaration that DBE is in default due to a material breach of the Contract Documents, if City determines that the default is curable, City will afford DBE the opportunity to cure the default within ten days of City’s notice of default, or within a period of time reasonably necessary for such cure, including a shorter period of time if applicable. (C) Termination. If DBE fails to cure the default or fails to expediently take steps reasonably calculated to cure the default within the time period specified in the notice of default, City may issue written notice to DBE and its surety of City’s termination of the Contract for default. (D) Waiver. Time being of the essence in the performance of the Work, if DBE’s surety fails to arrange for completion of the Work in accordance with the Performance Bond within seven calendar days from the date of the notice of termination, DBE’s surety will be deemed to have waived its right to complete the Work under the Contract, and City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other means that City 793 CC 02-04-2025 793 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 75 determines advisable under the circumstances. DBE and its surety will be jointly and severally liable for any additional cost incurred by City to complete the Work following termination, where “additional cost” means all cost in excess of the cost City would have incurred if DBE had timely completed Work without the default and termination. In addition, City will have the right to immediate possession and use of any materials, supplies, and equipment procured for the Project and located at the Project site or any Worksite on City property for the purposes of completing the remaining Work (E) Compensation. Within 30 days of receipt of updated as-builts, all warranties, manuals, instructions, or other required documents for Work installed to date, and delivery to City of all equipment and materials for the Project for which DBE has already been compensated, DBE will be compensated for the Work satisfactorily performed in compliance with the Contract Documents up to the effective date of the termination pursuant to the terms of Article 8, Payment, subject to City’s rights to withhold or deduct sums from payment otherwise due pursuant to Section 8.4, and excluding any costs DBE incurs as a result of the termination, including any cancellation or restocking charges or fees due to third parties. If DBE disputes the amount of compensation determined by City, its sole recourse is to comply with the Claim Procedures in Article 12, by submitting a Claim no later than 30 days following notice from City of the total compensation to be paid by City. (F) Wrongful Termination. If DBE disputes the termination, its sole recourse is to comply with the Claim procedures in Article 12. If a court of competent jurisdiction or an arbitrator later determines that the termination for default was wrongful, the termination will be deemed to be a termination for convenience, and DBE’s damages will be strictly limited to the compensation provided for termination for convenience under Section 13.4, below. DBE waives any claim for any other damages for wrongful termination including special or consequential damages, lost opportunity costs, or lost profits, and any award of damages is subject to Section 12.8, Burden of Proof and Limitations. 13.4 Termination for Convenience. City reserves the right to terminate all or part of the Contract for convenience upon written notice to DBE. (A) Compensation to DBE. In the event of City’s termination for convenience, DBE waives any claim for damages, including for loss of anticipated profits from the Project. The following will constitute full and fair compensation to DBE, and DBE will not be entitled to any additional claim or compensation: (1) Completed Work. The value of its Work satisfactorily performed as of the date notice of termination is received, based on DBE’s schedule of values and unpaid costs for items delivered to the Project site that were fabricated for incorporation in the Work; (2) Demobilization. Demobilization costs specified in the schedule of values, or if demobilizations cost were not provided in a schedule of values, then based on actual, reasonable, and fully documented demobilization costs; and (3) Termination Markup. Five percent of the total value of the Work performed as of the date of notice of termination, including reasonable, actual, and documented costs to comply with the direction in the notice of termination for convenience, and demobilization costs, which is deemed to cover all overhead and profit to date. (B) Disputes. If DBE disputes the amount of compensation determined by City pursuant to paragraph (A), above, its sole recourse is to comply with the Claim 794 CC 02-04-2025 794 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 76 procedures in Article 12, by submitting a Claim no later than 30 days following notice from City of total compensation to be paid by City. 13.5 Actions Upon Termination for Default or Convenience. The following provisions apply to any termination under this Article, whether for default or convenience, and whether in whole or in part. (A) General. Upon termination City may immediately enter upon and take possession of the Project and the Work and all tools, equipment, appliances, materials, and supplies procured or fabricated for the Project. DBE will transfer title to and deliver all completed Work and all Work in progress to City. (B) Submittals. Unless otherwise specified in the notice of termination, DBE must immediately submit to City all designs, drawings, as-built drawings, Project records, contracts with vendors and Subcontractors, manufacturer warranties, manuals, and other such submittals or Work-related documents required under the terms of the Contract Documents, including incomplete documents or drafts. (C) Close Out Requirements. Except as otherwise specified in the notice of termination, DBE must comply with all of the following: (1) Immediately stop the Work, except for any Work that must be completed pursuant to the notice of termination and comply with City’s instructions for cessation of labor and securing the Project and any other Worksite(s). (2) Comply with City’s instructions to protect the completed Work and materials, using best efforts to minimize further costs. (3) DBE must not place further orders or enter into new subcontracts for materials, equipment, services or facilities, except as may be necessary to complete any portion of the Work that is not terminated. (4) As directed in the notice, DBE must assign to City or cancel existing subcontracts that relate to performance of the terminated Work, subject to any prior rights, if any, of the surety for DBE’s performance bond, and settle all outstanding liabilities and claims, subject to City’s approval. (5) As directed in the notice, DBE must use its best efforts to sell any materials, supplies, or equipment intended solely for the terminated Work in a manner and at market rate prices acceptable to City. (D) Payment Upon Termination. Upon completion of all termination obligations, as specified herein and in the notice of termination, DBE will submit its request for Final Payment, including any amounts due following termination pursuant to this Article 13. Payment will be made in accordance to the provisions of Article 8, based on the portion of the Work satisfactorily completed, including the close out requirements, and consistent with the previously submitted schedule of values and unit pricing (as applicable), including demobilization costs. Adjustments to Final Payment may include deductions for the cost of materials, supplies, or equipment retained by DBE; payments received for sale of any such materials, supplies, or equipment, less re-stocking fees charged; and as otherwise specified in Section 8.4, Adjustment of Payment Application. (E) Continuing Obligations. Regardless of any Contract termination, DBE’s obligations for portions of the Work already performed will continue and the provisions of the Contract Documents will remain in effect as to any claim, indemnity obligation, 795 CC 02-04-2025 795 of 985 Cupertino Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 77 warranties, guarantees, submittals of as-built drawings, instructions, or manuals, record maintenance, or other such rights and obligations arising prior to the termination date. Article 14 - Miscellaneous Provisions 14.1 Assignment of Unfair Business Practice Claims. Under Public Contract Code § 7103.5, DBE and its Subcontractors agree to assign to City all rights, title, and interest in and to all causes of action it may have under § 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or any subcontract. This assignment will be effective at the time City tenders Final Payment to DBE, without further acknowledgement by the parties. 14.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the Contract Documents is deemed to be inserted, and the Contract Documents will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract Documents will be deemed amended accordingly. 14.3 Waiver. City’s waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of the Contract Documents will not be effective unless it is in writing and signed by City. City’s waiver of any breach, failure, right, or remedy will not be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless specified in writing by City. 14.4 Titles, Headings, and Groupings. The titles and headings used and the groupings of provisions in the Contract Documents are for convenience only and may not be used in the construction or interpretation of the Contract Documents or relied upon for any other purpose. 14.5 Statutory and Regulatory References. With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that that bids were due. 14.6 Survival. The provisions that survive termination or expiration of this Contract include Contract Section 9, Notice, and subsections 10.1, 10.2, 10.3, 10.4, 10.5, and 10.6, of Section 10, General Provisions; and the following provisions in these General Conditions: Section 2.4(J), DBE’s Records, Section 2.3(D), Ownership of Documents, Section 2.5(C), Termination, Section 4.2, Indemnity and Liability, Article 12, Dispute Resolution, and Section 11.2, Warranty. END OF GENERAL CONDITIONS 796 CC 02-04-2025 796 of 985 Cupertino Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 78 Special Conditions 1. Work Days and Hours. Work hours and noise pose a special concern for projects in residential neighborhoods. The City is very concerned for its residents and will diligently enforce the restrictions below. 1.1 Work Hours. Except as expressly authorized in writing by City, DBE is limited to performing Work on the Project between 7:00 a.m. to 4:00 p.m., Monday through Friday (excluding City observed holidays). Any request for work outside of these hours must be submitted in writing and approved in advance by the City’s Team two working days in advance. Equipment and material may arrive no earlier than 6:00 a.m. to the site.. 1.2 Equipment and Material Delivery and Off-Haul Hours. No equipment or material may be delivered or off-hauled except between 6:00 a.m. to 4:00 p.m., Monday through Friday (excluding City observed holidays). No equipment that has a safety back up beeper may be operated before 6:00 a.m. on any day. 1.3 Work Days Only. Work will only be performed on Work Days, as defined in the General Conditions, unless DBE requests otherwise from City in writing at least 2 working days in advance, and City approves the request in its sole discretion. 1.4 Connections to Existing Facilities. Unless otherwise specified or indicated, DBE will make all necessary connections to existing facilities, including structures, drain lines, and utilities such as water, sewer, gas, telephone, and electric. In each case, DBE will receive permission from City or the owning utility prior to undertaking connections and coordinate as needed to accommodate the facilities operations. DBE will protect facilities against deleterious substances and damage. 1.5 Road Shutdown. DBE will execute the Work while roads are in operation except for the periods of permitted shutdown. For shutdown periods, DBE will prepare and submit a detailed plan that includes shutdown schedule, planned sequence of work, milestones and projected times of completions of activities, any anticipated problems, DBE’s supervisory personnel, actions desired of City and staff, and contingency plans. DBE will allow sufficient time for review and re-submittal of the shutdown plan until acceptable to City. DBE will employ sufficient labor, superintendence, and equipment on a 24-hour, 7 days a week basis during shutdown and other operational disruptions to complete Work within the specified periods at no additional cost to the City. Once initiated, Work may proceed on extra shift or around-the-clock basis as necessary. When required to minimize treatment process interruptions while complying with specified sequencing constraints, DBE will provide power, lighting, controls, instrumentation, and safety devices. 1.6 Noise Limitation. No non-construction noise will be allowed, this includes amplified music, radio or other noise not due to construction activities. 797 CC 02-04-2025 797 of 985 Cupertino Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 79 2. Lines and Grades Verification. All Work must be done to the lines, grades, and elevations indicated on the Plans and Specifications, and in accordance with all applicable Laws. DBE is required to verify forms and other work comply with lines, grades and elevations. Prior to pouring or placing any concrete or asphalt, DBE must have a California licensed land surveyor or civil engineer field verify lines, grades and elevations prior to proceeding with the placement of concrete or asphalt. The land surveyor or civil engineer must have at least five years of relevant experience, and must be acceptable to the City. DBE must provide City verification of the licensing and experience for each proposed land surveyor or civil engineer. DBE must provide City with inspection results for form and grade work. DBE must remedy any non-compliant Work at no additional cost to City. 3. Parking Restrictions. DBE and Subcontractors will direct their respective workers to park in the locations identified for DBE parking in the Bridging Documents or other appropriate off-site locations, including public parking facilities or public streets adjacent to or near the Project site, in compliance with applicable parking restrictions and requirements, and without blocking driveways and access. 4. Pre-Construction Conference. City will designate a date and time for a pre- construction conference with DBE following City’s approval of the final Construction Documents. Project administration procedures and coordination between City and DBE will be discussed, and DBE must present City with the following information or documents at the meeting for City’s review and acceptance before the Work commences: 4.1 Name, 24-hour contact information, and qualifications of the proposed on-site superintendent; 4.2 List of all key Project personnel and their complete contact information, including email addresses and telephone numbers during regular hours and after hours; 4.3 Staging plans that identify the sequence of the Work, including any phases and alternative sequences or phases, with the goal of minimizing the impacts on residents, businesses and other operations in the Project vicinity; 4.4 If required, traffic control plans associated with the staging plans that are signed and stamped by a licensed traffic engineer; 4.5 Draft baseline schedule for the Work as required under Section 5.2 of the General Conditions, to be finalized within 10 days after City’s approval of the final Construction Documents; 4.6 Breakdown of lump sum bid items, to be used for determining the value of Work completed for future progress payments to DBE; 4.7 Schedule with list of Project submittals that require City review, and list of the proposed material suppliers; 4.8 Plan for coordination with affected utility owner(s) and compliance with any related permit requirements; 4.9 Videotape and photographs recording the conditions throughout the pre- construction Project site, showing the existing improvements and current condition of the curbs, gutters, sidewalks, signs, landscaping, streetlights, structures near the Project such as building faces, canopies, shades and fences, and any other features within the Project area limits; 798 CC 02-04-2025 798 of 985 Cupertino Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 80 4.10 If requested by City, DBE’s cash flow projections; and 4.11 Any other documents specified in the Special Conditions or Notice of Award. 5. Construction Manager Role and Authority. The Construction Manager will assist City in the management of the construction of the Project. The Construction Manager may perform services in the areas of supervision and coordination of the work of DBE and/or other contractors, scheduling the Work, monitoring the progress of the Work, providing City with evaluations and recommendations concerning the quality of the Work, recommending the approval of progress payments to DBE, or other services for the Project in accordance with the Construction Manager’s contract with City. 5.1 Communications. DBE must submit all notices and communications relating to the Work directly to the Construction Manager in writing. The Construction Management firm is not yet contracted, contact information will be provided upon execution. Copy to the City’s Project Manager: Susan Michael, CIP Manager Public Works SusanM@Cupertino.gov 5.2 On-Site Management and Communication Procedures. The Construction Manager will provide and maintain a management team on the Project site to provide contract administration as an agent of City and will establish and implement coordination and communication procedures among City, the Design Professional, DBE, and others. 5.3 Contract Administration Procedures. The Construction Manager will establish and implement procedures for reviewing and processing requests for clarifications and interpretations of the Contract Documents, Shop Drawings, samples, other submittals, schedule adjustments, Change Order proposals, written proposals for substitutions, payment applications, and maintenance of logs. 5.4 Pre-Construction Conference. DBE will attend the pre-construction conference, during which the Construction Manager will review the Contract administration procedures and Project requirements. 5.5 DBE’s Construction Schedule. The Construction Manager will review DBE’s construction schedules and will verify that each schedule is prepared in accordance with the requirements of the Contract Documents. 6. Notification of Residents, Schools and Businesses. DBE will notify, in writing, residents, businesses and schools within a 300 foot radius of Project limits at a minimum of two times prior to start of construction. The first notice shall be given to all residents, businesses and schools within the Project area five working days prior to any construction operation. The second notice shall be given to residents, businesses and schools two working days prior to any construction operation. Both notices shall be in writing and submitted to the City Engineer for review and approval. Sample notice is below. Notices shall include the Project name, describe the nature and duration of the DBE’s operations, and provide a telephone number at which a DBE representative may be contacted 24 hour per day for problems or emergencies encountered by residents 799 CC 02-04-2025 799 of 985 Cupertino Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 81 and/or businesses. Answering machines and voice mail shall not be permitted. The notice will also contain the City’s Construction Management contact information. A separate notice shall be given at least two working days prior to any anticipated service/utility disruption or temporary closure of access to any driveway. The notice shall indicate the duration of the disruption. DBE shall submit a written request to the City Engineer regarding the temporary closure of access to any driveway. No driveway access shall be closed by the DBE at any time without prior written authorization from the City Engineer. If construction operations are delayed for any reason beyond the duration stipulated in the notices, DBE shall re-issue written notices that explain the delay and provide a revised schedule. All written notices to residents, schools, businesses, agencies, etc. shall be submitted to the City for review and approval. Provide the City with a schedule of the notification deliveries so that the City can confirm that the notification was completed. Payment for compliance with this section shall be deemed included in the various other items of work, and no additional compensation will be allowed therefore. SAMPLE NOTICE: NOTICE TO RESIDENTS / BUSINESS OWNERS Date: [MONTH] [DAY], [YEAR] Subject: [NAME OF PROJECT] – [One Week OR Two Day] Notice This notice is to inform you that the City of Cupertino, Department of Public Works, has contracted with [DBE NAME] to [SCOPE OF WORK] along [STREET NAME] from [ADJACENT CROSS STREET] to [ADJACENT CROSS STREET]. This [SCOPE OF WORK] will mainly occur on [WEEKDAYS, SEE “SCHEDULE OFWORKING DAYS/HOURS”] from [START TIME] to [END TIME] and is scheduled to start in your area APPROXIMATELY seven days from the date of this notice and will continue from [START DATE] until [END DATE]. Please be aware that there may be construction activities that cause traffic delays. [DBE NAME] will make every effort to maintain normal traffic access and minimize disruption in your neighborhood. No Parking / Tow‐Away signs will be posted in affected areas two working days in advance of enforcement. Access to driveways will be maintained at ALL times during the construction. Prior to activities in your immediate area, you will be sent a notification TWO WORKING DAYS before work begins. [DBE NAME] and the City of Cupertino, Department of Public Works, apologize for any inconvenience due to these activities. If you have any questions or need assistance as these activities progress, please call the number(s) listed below: [DBE NAME] [NAME OF PROJECT MANAGER, DBE) Project Manager (XXX) XXX‐XXXX (24-hour number) 800 CC 02-04-2025 800 of 985 Cupertino Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 82 City of Cupertino (NAME OF CONSTRUCTION MANAGEMENT FIRM IF ONE) (PERSON’S NAME FROM CONSTRUCTION MANAGEMENT FIRM) (XXX) XXX‐XXXX (24-hour number) City Office: (408)777-3354 Department of Public Works Thank you for your patience and cooperation, [NAME OF PROJECT MANAGER, DBE], Project Manager [NAME OF CONSTRUCTION FIRM] 7. Pandemic Health Laws. DBE’s duty to comply with Laws includes compliance by the DBE team, including all Subconsultants and Subcontractors, with all local, state, or federal Laws that have been or may be enacted in response to the Covid-19 pandemic (collectively, “Health Laws”), which include the County of Santa Clara Health Order dated May 18, 2020 (and subsequent updates), including any subsequent amendments thereto (the “Health Order”). Failure to fully comply with the Health Laws constitutes a material default, subject to all available remedies including suspension or termination. 8. Construction and Demolition Debris Management Plan A completed construction and demolition (C&D) Debris Management Plan must be submitted using the City’s Green Halo on-line application. All debris disposal and recycling from the construction project must be tracked throughout the duration of the project. The DBE must use Green Halo Cupertino.wastetracking.com to create their Plan and to submit all construction waste generation tonnage information. No additional compensation will be paid for implementation of the Debris Management Plan and failure to meet all plan requirements may result in work stoppage, fines, and/or backcharges. For additional information, visit www.cupertino.org/greendev 9. Federally Funded Projects. This Project is funded in whole or in part by federal funds and subject to the following federal requirements under the terms of the funding agreement(s) between City and the federal agency or agencies providing federal funds, which are fully incorporated by this reference and made part of the Contract Documents. Copies of any funding agreement between City and a funding agency will be made available upon request. 9.A. Equal Opportunity. During the performance of this Contract, the DBE agrees as follows: 9.A.1. The DBE will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The DBE will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action will include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The DBE agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 801 CC 02-04-2025 801 of 985 Cupertino Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 83 9.A.2. The DBE will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 9.A.3. The DBE will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision will not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor’s legal duty to furnish information. 9.A.4. The DBE will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers’ representatives of the Contractor’s commitments under this section, and will post copies of the notice in conspicuous places available to employees and applicants for employment. 9.A.5. The DBE will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the United States Secretary of Labor. 9.A.6. The DBE will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the United States Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the United States Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 9.A.7. In the event of the DBE noncompliance with the nondiscrimination clauses of this contract or with any of the rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the DBE may be declared ineligible for further federal government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the United States Secretary of Labor, or as otherwise provided by law. 9.A.8. The DBE will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (H) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the United States Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or vendor. The DBE will take such action with respect to any subcontract or purchase order as the City or funding agency may direct as a means of enforcing such provisions, including sanctions for 802 CC 02-04-2025 802 of 985 Cupertino Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 84 noncompliance: Provided, however, that in the event a DBE becomes involved in, or is threatened with, litigation with a Subcontractor or vendor as a result of such direction by the City or funding agency, the DBE may request the United States to enter into such litigation to protect the interests of the United States. 9.B. Davis-Bacon Act. DBE will pay wages to laborers and mechanics, not less than once a week, and at a rate not less than the current federal prevailing wages specified in the Davis-Bacon Act Wage Determination attached hereto and incorporated herein. By entering into this Contract, DBE accepts the attached Wage Determination. The current Davis-Bacon Act Wage Determination, which may be accessed at https://sam.gov/content/wage-determinations, is attached to this document as Appendix 1. 9.C. Copeland “Anti-Kickback” Act. DBE will comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 CFR Part 3 as may be applicable, which are incorporated by reference into this Contract. Contractor and Subcontractors must insert this requirement into subcontracts of any tier. DBE is responsible for compliance with these requirements by each Subcontractor of any tier. 9.D. Contract Work Hours and Safety Standards Act. In addition to the California state law requirements in Article 9 of the General Conditions, DBE and each Subcontractor must comply with the requirements of the federal Contract Work Hours and Safety Standards Act, as set forth in 40 U.S.C. 3701-3708, as supplemented by the regulations set forth in 29 CFR Part 5, as may be amended from time to time, which are fully incorporated herein, including: 9.D.1. DBE or Subcontractor will not require or permit any laborer or mechanic performing Work for the Project to work in excess of 40 hours in a work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours during that work week. 9.D.2. If DBE or a Subcontractor violates this requirement, the DBE and any responsible Subcontractor will be liable for the unpaid wages. In addition, the DBE and Subcontractor will be liable to the United States for liquidated damages. The liquidated damages will be computed with respect to each individual worker as specified under federal law. 9.D.3. DBE and Subcontractors must insert this requirement into subcontracts of any tier. DBE is responsible for compliance with these requirements by each Subcontractor of any tier. 9.E. Rights to Inventions. If the federal funding for this Contract meets the definition of “funding agreement” under 37 CFR § 401.2(a) and constitutes an agreement between the City and a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency, will apply to this Contract and are fully incorporated into the Contract Documents by this reference. 9.F. Clean Air Act. If the Contract is for an amount in excess of $150,000, DBE and each Subcontractor must comply with the requirements of the Clean Air Act, as 803 CC 02-04-2025 803 of 985 Cupertino Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 85 amended, (42 U.S.C. §§ 7401-7671q), which are fully incorporated into the Contract Documents by this reference, including requirements for reporting violations to the awarding agency and the applicable Regional Office for the Environmental Protection Agency. DBE and Subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000. 9.G. Federal Water Pollution Control Act. If the Contract is for an amount in excess of $150,000, the requirements of the Federal Water Pollution Control Act (33 U.S.C. §§ 1251-1387) apply to this Contract and are fully incorporated into the Contract Documents by this reference, including requirements for reporting violations to the awarding agency and the applicable Regional Office for the Environmental Protection Agency. DBE and Subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000. 9.H. Suspension and Debarment. DBE is required to verify that neither it, nor its principals, as defined at 2 CFR § 180.995, or its affiliates, as defined at 2 CFR § 180.905, are excluded or disqualified, as defined at 2 CFR §§ 180.935 and 180.940. DBE must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, and must include a provision requiring compliance with these regulations in any subcontract of any tier. If it is later determined that the DBE did not comply with the applicable subparts, the Federal Government may pursue available remedies, including, but not limited to, suspension and/or debarment. By submitting a bid and entering into this Contract, DBE agrees to comply with these requirements. 9.I. Byrd Anti-Lobbying Amendment. If the Contract is for an amount in excess of $100,000, DBE must comply with the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and file the certification provided at 44 CFR Part 18, Appendix A, and any disclosures, with the applicable federal agency. Each tier certifies to the tier above that it will not and has not used federal-appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier will also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures will be forwarded from tier to tier up to the recipient. 9.J. Procurement of Recovered Materials. The requirements of § 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962, apply to this Contract and are fully incorporated into the Contract Documents by this reference. For individual purchases of $10,000 or more, DBE will make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired (A) competitively within the Contract schedule, (B) in conformance with Contract performance requirements, or (C) at a reasonable price. Information on this requirement, including a list of EPA- designated items, is available at the EPA’s Comprehensive Procurement Guidelines website: https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. 9.K. Prohibition on Covered Telecommunications. Federal loan or grant funds must not be obligated or expended to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, as further specified in 2 CFR § 200.216, which is fully incorporated into the Contract Documents by this 804 CC 02-04-2025 804 of 985 Cupertino Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 86 reference. Covered telecommunications equipment or services includes equipment produced by, services provided by, or services using equipment produced by: Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); or an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 9.L. Domestic Preferences for Procurements. As appropriate, practicable, and to the extent consistent with Laws, the DBE shall procure, purchase, acquire, and/or use goods, products, or materials produced in the United States, as further specified in 2 CFR § 200.322, which is fully incorporated into the Contract Documents by this reference, including, but not limited to, iron, aluminum, steel, cement, and other manufactured products used in construction, as specified therein. The requirements of 2 CFR § 200.322 must be included in all subcontracts and purchase orders for work or products under the federal award. Furthermore, it is the stated goal of the project to have the project qualify for the “Build America, Buy America Act,” which establishes a domestic content procurement preference for all Federal financial assistance obligated for infrastructure projects. 10. Close Out Requirements. Contractor’s close out requirements include the following, if applicable: 10.A. Contractor must replace, with thermoplastic, any existing striping within and adjacent to the Project site that is damaged during the Work. Partially damaged striping must be replaced in its entirety. 10.B. Contractor must replace any survey monuments that are damaged or removed during the Work, with a Record of Survey filed by a licensed land surveyor as required by California law. 10.C. Before removing any traffic control or street signs on the Project site, DBE must take photographs showing their original locations. Upon completion of each phase of construction, DBE must temporarily reset the signs at those locations. DBE must then replace the signs permanently upon completion of the Work and the cost of their removal and replacement must be included in the Bid Proposal. 10.D. DBE must maintain any rural mail boxes on the Project site and relocate them to their permanent locations as soon as possible in the course of the Work, to the satisfaction of the affected property owners and the postal service END OF SPECIAL CONDITIONS 805 CC 02-04-2025 805 of 985 Cupertino Photovoltaic Systems Design and Installation Project APPENDIX B Project 2025-02 Page 87 APPENDIX A DAVIS – BACON ACT WAGE DETERIMINATION (10/18/2024) A DRAFT CONTRACT: APPENDIX A 806 CC 02-04-2025 806 of 985 "General Decision Number: CA20240018 10/18/2024 Superseded General Decision Number: CA20230018 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway Counties: Alameda, Calaveras, Contra Costa, Fresno, Kings, Madera, Mariposa, Merced, Monterey, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Stanislaus and Tuolumne Counties in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). ______________________________________________________________ |If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $17.20 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2024. | |______________________________|_____________________________| |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $12.90 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2024. | |______________________________|_____________________________| The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 1/72807 CC 02-04-2025 807 of 985 protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2024 1 01/12/2024 2 01/19/2024 3 01/26/2024 4 02/09/2024 5 02/16/2024 6 02/23/2024 7 03/01/2024 8 03/08/2024 9 03/15/2024 10 04/12/2024 11 04/26/2024 12 05/24/2024 13 07/05/2024 14 07/12/2024 15 07/19/2024 16 07/26/2024 17 08/09/2024 18 08/23/2024 19 09/06/2024 20 09/13/2024 21 09/20/2024 22 10/18/2024 * ASBE0016-004 05/01/2024 AREA 1: CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS & TOULMNE COUNTIES AREA 2: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA CLARA COUNTIES Rates Fringes Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not) Area 1......................$ 34.56 11.40 Area 2......................$ 36.53 9.27 ---------------------------------------------------------------- ASBE0016-008 01/01/2024 AREA 1: ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA, & SANTA CRUZ AREA 2: CALAVERAS, COLUSA, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS, & TUOLUMNE Rates Fringes 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 2/72808 CC 02-04-2025 808 of 985 Asbestos Workers/Insulator (Includes the application of all insulating materials, Protective Coverings, Coatings, and Finishes to all types of mechanical systems) Area 1......................$ 84.76 25.07 Area 2......................$ 64.56 25.07 ---------------------------------------------------------------- BOIL0549-001 01/01/2021 AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA CLARA COUNTIES AREA 2: REMAINING COUNTIES Rates Fringes BOILERMAKER Area 1......................$ 49.62 41.27 Area 2......................$ 45.60 38.99 ---------------------------------------------------------------- BRCA0003-001 08/01/2023 Rates Fringes MARBLE FINISHER..................$ 41.18 18.58 ---------------------------------------------------------------- BRCA0003-003 08/01/2023 Rates Fringes MARBLE MASON.....................$ 60.20 28.82 ---------------------------------------------------------------- BRCA0003-005 05/01/2024 Rates Fringes BRICKLAYER ( 1) Fresno, Kings, Madera, Mariposa, Merced....$ 51.17 25.80 ( 7) San Francisco, San Mateo.......................$ 57.02 28.50 ( 8) Alameda, Contra Costa, San Benito, Santa Clara.......................$ 56.94 26.28 ( 9) Calaveras, San Joaquin, Stanislaus, Toulumne....................$ 52.76 25.01 (16) Monterey, Santa Cruz...$ 54.18 27.82 ---------------------------------------------------------------- BRCA0003-008 07/01/2023 Rates Fringes TERRAZZO FINISHER................$ 43.90 19.51 TERRAZZO WORKER/SETTER...........$ 59.06 28.31 ---------------------------------------------------------------- BRCA0003-011 04/01/2024 AREA 1: Alameda, Contra Costa, Monterey, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz AREA 2: Calaveras, San Joaquin, Stanislaus, Tuolumne 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 3/72809 CC 02-04-2025 809 of 985 AREA 3: Fresno, Kings, Madera, Mariposa, Merced Rates Fringes TILE FINISHER Area 1......................$ 37.75 19.28 Area 2......................$ 34.76 19.22 Area 3......................$ 32.68 18.32 Tile Layer Area 1......................$ 59.92 22.62 Area 2......................$ 55.17 22.52 Area 3......................$ 50.28 22.05 ---------------------------------------------------------------- CARP0022-001 07/01/2023 San Francisco County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 60.39 33.52 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 60.54 33.52 Journeyman Carpenter........$ 60.39 33.52 Millwright..................$ 60.49 35.11 ---------------------------------------------------------------- CARP0034-001 07/01/2021 Rates Fringes Diver Assistant Tender, ROV Tender/Technician...........$ 54.10 34.69 Diver standby...............$ 60.51 34.69 Diver Tender................$ 59.51 34.69 Diver wet...................$ 103.62 34.69 Manifold Operator (mixed gas)........................$ 64.51 34.69 Manifold Operator (Standby).$ 59.51 34.69 DEPTH PAY (Surface Diving): 050 to 100 ft $2.00 per foot 101 to 150 ft $3.00 per foot 151 to 220 ft $4.00 per foot 221 ft.-deeper $5.00 per foot SATURATION DIVING: The standby rate shall apply until saturation starts. The saturation diving rate applies when divers are under pressure continuously until work task and decompression are complete. The diver rate shall be paid for all saturation hours. DIVING IN ENCLOSURES: Where it is necessary for Divers to enter pipes or tunnels, or other enclosures where there is no vertical ascent, the following premium shall be paid: Distance traveled from entrance 26 feet to 300 feet: $1.00 per foot. When it is necessary for a diver to enter any pipe, tunnel or other 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 4/72810 CC 02-04-2025 810 of 985 enclosure less than 48"" in height, the premium will be $1.00 per foot. WORK IN COMBINATION OF CLASSIFICATIONS: Employees working in any combination of classifications within the diving crew (except dive supervisor) in a shift are paid in the classification with the highest rate for that shift. ---------------------------------------------------------------- CARP0034-003 07/01/2021 Rates Fringes Piledriver.......................$ 54.10 34.69 ---------------------------------------------------------------- CARP0035-007 07/01/2020 AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa Clara counties AREA 2: Monterey, San Benito, Santa Cruz Counties AREA 3: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, San Joaquin, Stanislaus, Tuolumne Counties Rates Fringes Modular Furniture Installer Area 1 Installer..................$ 28.76 22.53 Lead Installer.............$ 32.21 23.03 Master Installer...........$ 36.43 23.03 Area 2 Installer..................$ 26.11 22.53 Lead Installer.............$ 29.08 23.03 Master Installer...........$ 32.71 23.03 Area 3 Installer..................$ 25.16 22.53 Lead Installer.............$ 27.96 23.03 Master Installer...........$ 31.38 23.03 ---------------------------------------------------------------- CARP0035-008 08/01/2020 AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa Clara counties AREA 2: Monterey, San Benito, Santa Cruz Counties AREA 3: San Joaquin AREA 4: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, Stanislaus, Tuolumne Counties Rates Fringes Drywall Installers/Lathers: Area 1......................$ 52.65 31.26 Area 2......................$ 46.77 31.26 Area 3......................$ 47.27 31.26 Area 4......................$ 45.92 31.26 Drywall Stocker/Scrapper Area 1......................$ 26.33 18.22 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 5/72811 CC 02-04-2025 811 of 985 Area 2......................$ 23.39 18.22 Area 3......................$ 23.64 18.22 Area 4......................$ 22.97 18.22 ---------------------------------------------------------------- CARP0152-001 07/01/2020 Contra Costa County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 52.65 30.82 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 52.80 30.82 Journeyman Carpenter........$ 52.65 30.82 Millwright..................$ 52.75 32.41 ---------------------------------------------------------------- CARP0152-002 07/01/2020 San Joaquin County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 52.65 30.82 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 46.92 30.82 Journeyman Carpenter........$ 46.77 30.82 Millwright..................$ 49.27 32.41 ---------------------------------------------------------------- CARP0152-004 07/01/2020 Calaveras, Mariposa, Merced, Stanislaus and Tuolumne Counties Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 52.65 30.82 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 45.57 30.82 Journeyman Carpenter........$ 45.42 30.82 Millwright..................$ 47.92 32.41 ---------------------------------------------------------------- CARP0217-001 07/01/2023 San Mateo County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 60.39 33.52 Hardwood Floorlayer, 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 6/72812 CC 02-04-2025 812 of 985 Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 60.54 33.52 Journeyman Carpenter........$ 60.39 33.52 Millwright..................$ 60.49 35.11 ---------------------------------------------------------------- CARP0405-001 07/01/2021 Santa Clara County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 54.85 31.49 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 55.00 31.49 Journeyman Carpenter........$ 54.85 31.49 Millwright..................$ 54.95 33.08 ---------------------------------------------------------------- CARP0405-002 07/01/2021 San Benito County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 54.85 31.49 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 49.12 31.49 Journeyman Carpenter........$ 48.97 31.49 Millwright..................$ 51.47 33.08 ---------------------------------------------------------------- CARP0505-001 07/01/2021 Santa Cruz County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 54.85 31.49 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 49.12 31.49 Journeyman Carpenter........$ 48.97 31.49 Millwright..................$ 51.47 33.08 ---------------------------------------------------------------- CARP0605-001 07/01/2021 Monterey County Rates Fringes Carpenters 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 7/72813 CC 02-04-2025 813 of 985 Bridge Builder/Highway Carpenter...................$ 54.85 31.49 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 49.12 31.49 Journeyman Carpenter........$ 48.97 31.49 Millwright..................$ 51.47 33.08 ---------------------------------------------------------------- CARP0701-001 07/01/2021 Fresno and Madera Counties Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 54.85 31.49 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 47.77 31.49 Journeyman Carpenter........$ 47.62 31.49 Millwright..................$ 50.12 33.08 ---------------------------------------------------------------- CARP0713-001 07/01/2021 Alameda County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 54.85 31.49 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 55.00 31.49 Journeyman Carpenter........$ 54.85 31.49 Millwright..................$ 54.95 33.08 ---------------------------------------------------------------- CARP1109-001 07/01/2021 Kings County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 54.85 31.49 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 47.77 31.49 Journeyman Carpenter........$ 47.62 31.49 Millwright..................$ 50.12 33.08 ---------------------------------------------------------------- ELEC0006-004 11/01/2023 SAN FRANCISCO COUNTY 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 8/72814 CC 02-04-2025 814 of 985 Rates Fringes Sound & Communications Installer...................$ 51.68 3%+24.65 Technician..................$ 59.43 3%+24.65 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC0006-007 06/01/2024 SAN FRANCISCO COUNTY Rates Fringes ELECTRICIAN......................$ 91.25 3%+45.315 ---------------------------------------------------------------- ELEC0100-002 06/01/2024 FRESNO, KINGS, AND MADERA COUNTIES Rates Fringes ELECTRICIAN......................$ 45.00 29.15 ---------------------------------------------------------------- ELEC0100-005 12/01/2023 FRESNO, KINGS, MADERA Rates Fringes Communications System Installer...................$ 42.48 27.42 Technician..................$ 48.85 27.42 SCOPE OF WORK Includes the installation testing, service and maintenance, of the following systems which utilize the transmission and/or transference of voice, sound, vision and digital for commercial, education, security and entertainment purposes for the following: TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms, and 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 9/72815 CC 02-04-2025 815 of 985 low voltage master clock systems. A. SOUND AND VOICE TRANSMISSION/TRANSFERENCE SYSTEMS Background foreground music, Intercom and telephone interconnect systems, Telephone systems Nurse call systems, Radio page systems, School intercom and sound systems, Burglar alarm systems, Low voltage, master clock systems, Multi-media/multiplex systems, Sound and musical entertainment systems, RF systems, Antennas and Wave Guide, B. FIRE ALARM SYSTEMS Installation, wire pulling and testing C. TELEVISION AND VIDEO SYSTEMS Television monitoring and surveillance systems Video security systems, Video entertainment systems, Video educational systems, Microwave transmission systems, CATV and CCTV D. SECURITY SYSTEMS Perimeter security systems Vibration sensor systems Card access systems Access control systems, Sonar/infrared monitoring equipment E. COMMUNICATIONS SYSTEMS THAT TRANSMIT OR RECEIVE INFORMATION AND/OR CONTROL SYSTEMS THAT ARE INTRINSIC TO THE ABOVE LISTED SYSTEMS SCADA (Supervisory Control and Data Acquisition) PCM (Pulse Code Modulation) Inventory Control Systems, Digital Data Systems Broadband and Baseband and Carriers Point of Sale Systems, VSAT Data Systems Data Communication Systems RF and Remote Control Systems, Fiber Optic Data Systems WORK EXCLUDED Raceway systems are not covered (excluding Ladder-Rack for the purpose of the above listed systems). Chases and/or nipples (not to exceed 10 feet) may be installed on open wiring systems. Energy management systems. SCADA (Supervisory Control and Data Acquisition) when not intrinsic to the above listed systems (in the scope). Fire alarm systems when installed in raceways (including wire and cable pulling) shall be performed at the electrician wage rate, when either of the following two (2) conditions apply: 1. The project involves new or major remodel building trades construction. 2. The conductors for the fire alarm system are installed in conduit. ---------------------------------------------------------------- ELEC0234-001 12/25/2023 MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES Rates Fringes ELECTRICIAN Zone A......................$ 65.16 29.55 Zone B......................$ 71.68 29.75 Zone A: All of Santa Cruz, Monterey, and San Benito Counties within 25 air miles of Highway 1 and Dolan Road in Moss Landing, and an area extending 5 miles east and west of Highway 101 South to the San Luis Obispo County Line Zone B: Any area outside of Zone A ---------------------------------------------------------------- ELEC0234-003 12/01/2021 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 10/72816 CC 02-04-2025 816 of 985 MONTEREY, SAN BENITO, AND SANTA CRUZ COUNTIES Rates Fringes Sound & Communications Installer...................$ 47.93 24.09 Technician..................$ 55.12 24.30 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC0302-001 02/27/2023 CONTRA COSTA COUNTY Rates Fringes CABLE SPLICER....................$ 68.92 32.67 ELECTRICIAN......................$ 61.26 32.44 ---------------------------------------------------------------- ELEC0302-003 12/01/2023 CONTRA COSTA COUNTY Rates Fringes Sound & Communications Installer...................$ 48.44 27.60 Technician..................$ 55.71 27.82 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 11/72817 CC 02-04-2025 817 of 985 FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC0332-001 06/01/2024 SANTA CLARA COUNTY Rates Fringes CABLE SPLICER....................$ 100.25 46.72 ELECTRICIAN......................$ 87.17 46.33 FOOTNOTES: Work under compressed air or where gas masks are required, orwork on ladders, scaffolds, stacks, ""Bosun's chairs,"" or other structures and where the workers are not protected by permanent guard rails at a distance of 40 to 60 ft. from the ground or supporting structures: to be paid one and one-half times the straight-time rate of pay. Work on structures of 60 ft. or over (as described above): to be paid twice the straight-time rate of pay. ---------------------------------------------------------------- ELEC0332-003 12/01/2023 SANTA CLARA COUNTY Rates Fringes Sound & Communications Installer...................$ 53.18 27.745 Technician..................$ 61.16 27.985 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC0595-001 06/01/2024 ALAMEDA COUNTY 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 12/72818 CC 02-04-2025 818 of 985 Rates Fringes CABLE SPLICER....................$ 84.18 3%+44.68 ELECTRICIAN......................$ 73.20 3%+44.68 ---------------------------------------------------------------- ELEC0595-002 06/01/2024 CALAVERAS AND SAN JOAQUIN COUNTIES Rates Fringes CABLE SPLICER....................$ 59.34 3%+30.48 ELECTRICIAN (1) Tunnel work.............$ 51.92 3%+30.48 (2) All other work.........$ 49.45 3%+30.48 ---------------------------------------------------------------- ELEC0595-006 11/01/2023 ALAMEDA COUNTY Rates Fringes Sound & Communications Installer...................$ 51.18 3%+24.15 Technician..................$ 58.86 3%+24.15 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC0595-008 11/01/2023 CALAVERAS AND SAN JOAQUIN COUNTIES Rates Fringes Communications System Installer...................$ 40.88 3%+24.15 Technician..................$ 47.01 3%+24.15 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 13/72819 CC 02-04-2025 819 of 985 in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC0617-001 06/01/2024 SAN MATEO COUNTY Rates Fringes ELECTRICIAN......................$ 82.00 48.05 ---------------------------------------------------------------- ELEC0617-003 12/01/2023 SAN MATEO COUNTY Rates Fringes Sound & Communications Installer...................$ 53.18 27.75 Technician..................$ 61.16 27.98 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC0684-001 06/01/2024 MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES Rates Fringes ELECTRICIAN......................$ 47.50 29.36 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 14/72820 CC 02-04-2025 820 of 985 CABLE SPLICER = 110% of Journeyman Electrician ---------------------------------------------------------------- ELEC0684-004 12/01/2023 MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES Rates Fringes Communications System Installer...................$ 42.48 27.42 Technician..................$ 48.85 27.62 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC1245-001 06/01/2024 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer..$ 70.16 24.46 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment).............$ 53.30 22.01 (3) Groundman...............$ 40.76 21.51 (4) Powderman...............$ 51.87 18.79 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ---------------------------------------------------------------- ELEV0008-001 01/01/2024 Rates Fringes ELEVATOR MECHANIC................$ 80.76 37.885+a+b FOOTNOTE: 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 15/72821 CC 02-04-2025 821 of 985 a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ---------------------------------------------------------------- ENGI0003-001 06/28/2023 ""AREA 1"" WAGE RATES ARE LISTED BELOW ""AREA 2"" RECEIVES AN ADDITIONAL $2.00 PER HOUR ABOVE AREA 1 RATES. SEE AREA DEFINITIONS BELOW Rates Fringes OPERATOR: Power Equipment (AREA 1:) GROUP 1.....................$ 60.72 31.03 GROUP 2.....................$ 59.19 31.03 GROUP 3.....................$ 57.71 31.03 GROUP 4.....................$ 56.33 31.03 GROUP 5.....................$ 55.06 31.03 GROUP 6.....................$ 53.74 31.03 GROUP 7.....................$ 52.60 31.03 GROUP 8.....................$ 51.46 31.03 GROUP 8-A...................$ 49.25 31.03 OPERATOR: Power Equipment (Cranes and Attachments - AREA 1:) GROUP 1 Cranes.....................$ 52.30 31.15 Oiler......................$ 43.79 31.15 Truck crane oiler..........$ 46.08 31.15 GROUP 2 Cranes.....................$ 50.54 31.15 Oiler......................$ 42.83 31.15 Truck crane oiler..........$ 45.07 31.15 GROUP 3 Cranes.....................$ 48.80 31.15 Hydraulic..................$ 44.44 31.15 Oiler......................$ 42.55 31.15 Truck crane oiler..........$ 44.83 31.15 GROUP 4 Cranes.....................$ 45.76 31.15 OPERATOR: Power Equipment (Piledriving - AREA 1:) GROUP 1 Lifting devices............$ 52.64 31.15 Oiler......................$ 43.38 31.15 Truck Crane Oiler..........$ 45.66 31.15 GROUP 2 Lifting devices............$ 50.82 31.15 Oiler......................$ 43.11 31.15 Truck Crane Oiler..........$ 45.41 31.15 GROUP 3 Lifting devices............$ 49.14 31.15 Oiler......................$ 42.89 31.15 Truck Crane Oiler..........$ 45.12 31.15 GROUP 4 Lifting devices............$ 47.37 31.15 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 16/72822 CC 02-04-2025 822 of 985 GROUP 5 Lifting devices............$ 44.73 31.15 GROUP 6 Lifting devices............$ 42.50 31.15 OPERATOR: Power Equipment (Steel Erection - AREA 1:) GROUP 1 Cranes.....................$ 53.27 31.15 Oiler......................$ 43.72 31.15 Truck Crane Oiler..........$ 45.95 31.15 GROUP 2 Cranes.....................$ 51.50 31.15 Oiler......................$ 43.45 31.15 Truck Crane Oiler..........$ 45.73 31.15 GROUP 3 Cranes.....................$ 50.02 31.15 Hydraulic..................$ 45.07 31.15 Oiler......................$ 43.23 31.15 Truck Crane Oiler..........$ 45.46 31.15 GROUP 4 Cranes.....................$ 48.00 31.15 GROUP 5 Cranes.....................$ 46.70 31.15 OPERATOR: Power Equipment (Tunnel and Underground Work - AREA 1:) SHAFTS, STOPES, RAISES: GROUP 1....................$ 56.82 31.03 GROUP 1-A..................$ 59.29 31.03 GROUP 2....................$ 55.56 31.03 GROUP 3....................$ 54.23 31.03 GROUP 4....................$ 53.09 31.03 GROUP 5....................$ 51.95 31.03 UNDERGROUND: GROUP 1....................$ 56.72 31.03 GROUP 1-A..................$ 59.19 31.03 GROUP 2....................$ 55.46 31.03 GROUP 3....................$ 54.13 31.03 GROUP 4....................$ 52.99 31.03 GROUP 5....................$ 51.85 31.03 FOOTNOTE: Work suspended by ropes or cables, or work on a Yo-Yo Cat: $.60 per hour additional. POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Operator of helicopter (when used in erection work); Hydraulic excavator, 7 cu. yds. and over; Power shovels, over 7 cu. yds. GROUP 2: Highline cableway; Hydraulic excavator, 3-1/2 cu. yds. up to 7 cu. yds.; Licensed construction work boat operator, on site; Power blade operator (finish); Power shovels, over 1 cu. yd. up to and including 7 cu. yds. m.r.c. GROUP 3: Asphalt milling machine; Cable backhoe; Combination backhoe and loader over 3/4 cu. yds.; Continuous flight tie back machine assistant to engineer or mechanic; Crane mounted continuous flight tie back machine, tonnage to apply; Crane mounted drill attachment, tonnage to apply; Dozer, slope brd; Gradall; Hydraulic excavator, up to 3 1/2 cu. yds.; Loader 4 cu. yds. and over; Long reach excavator; Multiple engine scraper (when used as push pull); Power 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 17/72823 CC 02-04-2025 823 of 985 shovels, up to and including 1 cu. yd.; Pre-stress wire wrapping machine; Side boom cat, 572 or larger; Track loader 4 cu. yds. and over; Wheel excavator (up to and including 750 cu. yds. per hour) GROUP 4: Asphalt plant engineer/box person; Chicago boom; Combination backhoe and loader up to and including 3/4 cu. yd.; Concrete batch plant (wet or dry); Dozer and/or push cat; Pull- type elevating loader; Gradesetter, grade checker (GPS, mechanical or otherwise); Grooving and grinding machine; Heading shield operator; Heavy-duty drilling equipment, Hughes, LDH, Watson 3000 or similar; Heavy-duty repairperson and/or welder; Lime spreader; Loader under 4 cu. yds.; Lubrication and service engineer (mobile and grease rack); Mechanical finishers or spreader machine (asphalt, Barber-Greene and similar); Miller Formless M-9000 slope paver or similar; Portable crushing and screening plants; Power blade support; Roller operator, asphalt; Rubber-tired scraper, self-loading (paddle-wheels, etc.); Rubber- tired earthmoving equipment (scrapers); Slip form paver (concrete); Small tractor with drag; Soil stabilizer (P & H or equal); Spider plow and spider puller; Tubex pile rig; Unlicensed constuction work boat operator, on site; Timber skidder; Track loader up to 4 yds.; Tractor-drawn scraper; Tractor, compressor drill combination; Welder; Woods-Mixer (and other similar Pugmill equipment) GROUP 5: Cast-in-place pipe laying machine; Combination slusher and motor operator; Concrete conveyor or concrete pump, truck or equipment mounted; Concrete conveyor, building site; Concrete pump or pumpcrete gun; Drilling equipment, Watson 2000, Texoma 700 or similar; Drilling and boring machinery, horizontal (not to apply to waterliners, wagon drills or jackhammers); Concrete mixer/all; Person and/or material hoist; Mechanical finishers (concrete) (Clary, Johnson, Bidwell Bridge Deck or similar types); Mechanical burm, curb and/or curb and gutter machine, concrete or asphalt); Mine or shaft hoist; Portable crusher; Power jumbo operator (setting slip-forms, etc., in tunnels); Screed (automatic or manual); Self-propelled compactor with dozer; Tractor with boom D6 or smaller; Trenching machine, maximum digging capacity over 5 ft. depth; Vermeer T-600B rock cutter or similar GROUP 6: Armor-Coater (or similar); Ballast jack tamper; Boom- type backfilling machine; Assistant plant engineer; Bridge and/or gantry crane; Chemical grouting machine, truck-mounted; Chip spreading machine operator; Concrete saw (self-propelled unit on streets, highways, airports and canals); Deck engineer; Drilling equipment Texoma 600, Hughes 200 Series or similar up to and including 30 ft. m.r.c.; Drill doctor; Helicopter radio operator; Hydro-hammer or similar; Line master; Skidsteer loader, Bobcat larger than 743 series or similar (with attachments); Locomotive; Lull hi-lift or similar; Oiler, truck mounted equipment; Pavement breaker, truck-mounted, with compressor combination; Paving fabric installation and/or laying machine; Pipe bending machine (pipelines only); Pipe wrapping machine (tractor propelled and supported); Screed (except asphaltic concrete paving); Self- propelled pipeline wrapping machine; Tractor; Self-loading chipper; Concrete barrier moving machine GROUP 7: Ballast regulator; Boom truck or dual-purpose 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 18/72824 CC 02-04-2025 824 of 985 A-frame truck, non-rotating - under 15 tons; Cary lift or similar; Combination slurry mixer and/or cleaner; Drilling equipment, 20 ft. and under m.r.c.; Firetender (hot plant); Grouting machine operator; Highline cableway signalperson; Stationary belt loader (Kolman or similar); Lift slab machine (Vagtborg and similar types); Maginnes internal full slab vibrator; Material hoist (1 drum); Mechanical trench shield; Pavement breaker with or without compressor combination); Pipe cleaning machine (tractor propelled and supported); Post driver; Roller (except asphalt); Chip Seal; Self-propelled automatically applied concrete curing mahcine (on streets, highways, airports and canals); Self-propelled compactor (without dozer); Signalperson; Slip-form pumps (lifting device for concrete forms); Tie spacer; Tower mobile; Trenching machine, maximum digging capacity up to and including 5 ft. depth; Truck- type loader GROUP 8: Bit sharpener; Boiler tender; Box operator; Brakeperson; Combination mixer and compressor (shotcrete/gunite); Compressor operator; Deckhand; Fire tender; Forklift (under 20 ft.); Generator; Gunite/shotcrete equipment operator; Hydraulic monitor; Ken seal machine (or similar); Mixermobile; Oiler; Pump operator; Refrigeration plant; Reservoir-debris tug (self- propelled floating); Ross Carrier (construction site); Rotomist operator; Self-propelled tape machine; Shuttlecar; Self-propelled power sweeper operator (includes vacuum sweeper); Slusher operator; Surface heater; Switchperson; Tar pot firetender; Tugger hoist, single drum; Vacuum cooling plant; Welding machine (powered other than by electricity) GROUP 8-A: Elevator operator; Skidsteer loader-Bobcat 743 series or smaller, and similar (without attachments); Mini excavator under 25 H.P. (backhoe-trencher); Tub grinder wood chipper ---------------------------------------------------------- ALL CRANES AND ATTACHMENTS GROUP 1: Clamshell and dragline over 7 cu. yds.; Crane, over 100 tons; Derrick, over 100 tons; Derrick barge pedestal-mounted, over 100 tons; Self-propelled boom-type lifting device, over 100 tons GROUP 2: Clamshell and dragline over 1 cu. yd. up to and including 7 cu. yds.; Crane, over 45 tons up to and including 100 tons; Derrick barge, 100 tons and under; Self-propelled boom-type lifting device, over 45 tons; Tower crane GROUP 3: Clamshell and dragline up to and including 1 cu. yd.; Cranes 45 tons and under; Self-propelled boom-type lifting device 45 tons and under; GROUP 4: Boom Truck or dual purpose A-frame truck, non-rotating over 15 tons; Truck-mounted rotating telescopic boom type lifting device, Manitex or similar (boom truck) over 15 tons; Truck-mounted rotating telescopic boom type lifting device, Manitex or similar (boom truck) - under 15 tons; ----------------------------------------------------------- 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 19/72825 CC 02-04-2025 825 of 985 PILEDRIVERS GROUP 1: Derrick barge pedestal mounted over 100 tons; Clamshell over 7 cu. yds.; Self-propelled boom-type lifting device over 100 tons; Truck crane or crawler, land or barge mounted over 100 tons GROUP 2: Derrick barge pedestal mounted 45 tons to and including 100 tons; Clamshell up to and including 7 cu. yds.; Self-propelled boom-type lifting device over 45 tons; Truck crane or crawler, land or barge mounted, over 45 tons up to and including 100 tons; Fundex F-12 hydraulic pile rig GROUP 3: Derrick barge pedestal mounted under 45 tons; Self- propelled boom-type lifting device 45 tons and under; Skid/scow piledriver, any tonnage; Truck crane or crawler, land or barge mounted 45 tons and under GROUP 4: Assistant operator in lieu of assistant to engineer; Forklift, 10 tons and over; Heavy-duty repairperson/welder GROUP 5: Deck engineer GROUP 6: Deckhand; Fire tender ------------------------------------------------------------- STEEL ERECTORS GROUP 1: Crane over 100 tons; Derrick over 100 tons; Self- propelled boom-type lifting device over 100 tons GROUP 2: Crane over 45 tons to 100 tons; Derrick under 100 tons; Self-propelled boom-type lifting device over 45 tons to 100 tons; Tower crane GROUP 3: Crane, 45 tons and under; Self-propelled boom-type lifting device, 45 tons and under GROUP 4: Chicago boom; Forklift, 10 tons and over; Heavy-duty repair person/welder GROUP 5: Boom cat -------------------------------------------------------------- -- TUNNEL AND UNDERGROUND WORK GROUP 1-A: Tunnel bore machine operator, 20' diameter or more GROUP 1: Heading shield operator; Heavy-duty repairperson; Mucking machine (rubber tired, rail or track type); Raised bore operator (tunnels); Tunnel mole bore operator GROUP 2: Combination slusher and motor operator; Concrete pump or pumpcrete gun; Power jumbo operator GROUP 3: Drill doctor; Mine or shaft hoist GROUP 4: Combination slurry mixer cleaner; Grouting Machine operator; Motorman GROUP 5: Bit Sharpener; Brakeman; Combination mixer and 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 20/72826 CC 02-04-2025 826 of 985 compressor (gunite); Compressor operator; Oiler; Pump operator; Slusher operator ----------------------------------------------------------- AREA DESCRIPTIONS: POWER EQUIPMENT OPERATORS, CRANES AND ATTACHMENTS,TUNNEL AND UNDERGROUND [These areas do not apply to Piledrivers and Steel Erectors] AREA 1: ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, STANISLAUS, TUOLUMNE AREA 2 -NOTED BELOW THE REMAINING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW: CALAVERAS COUNTY: Area 1: Remainder Area 2: Eastern Part FRESNO COUNTY: Area 1: Remainder Area 2: Eastern Part MADERA COUNTY: Area 1: Remainder Area 2: Eastern Part MARIPOSA COUNTY: Area 1: Remainder Area 2: Eastern Part MONTEREY COUNTY: Area 1: Remainder Area 2: Southwestern part TUOLUMNE COUNTY: Area 1: Remainder Area 2: Eastern Part ---------------------------------------------------------------- ENGI0003-008 08/01/2024 Rates Fringes Dredging: (DREDGING: CLAMSHELL & DIPPER DREDGING; HYDRAULIC SUCTION DREDGING:) AREA 1: (1) Leverman...............$ 60.61 39.55 (2) Dredge Dozer; Heavy duty repairman.............$ 55.65 39.55 (3) Booster Pump Operator; Deck Engineer; Deck mate; Dredge Tender; Winch Operator...................$ 54.53 39.55 (4) Bargeman; Deckhand; Fireman; Leveehand; Oiler..$ 51.23 39.55 AREA 2: (1) Leverman...............$ 62.61 39.55 (2) Dredge Dozer; Heavy 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 21/72827 CC 02-04-2025 827 of 985 duty repairman.............$ 57.65 39.55 (3) Booster Pump Operator; Deck Engineer; Deck mate; Dredge Tender; Winch Operator...................$ 56.53 39.55 (4) Bargeman; Deckhand; Fireman; Leveehand; Oiler..$ 53.23 39.55 AREA DESCRIPTIONS AREA 1: ALAMEDA,BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED, NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS, SUTTER, YOLO, AND YUBA COUNTIES AREA 2: MODOC COUNTY THE REMAINGING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW: ALPINE COUNTY: Area 1: Northernmost part Area 2: Remainder CALAVERAS COUNTY: Area 1: Remainder Area 2: Eastern part COLUSA COUNTY: Area 1: Eastern part Area 2: Remainder ELDORADO COUNTY: Area 1: North Central part Area 2: Remainder FRESNO COUNTY: Area 1: Remainder Area 2: Eastern part GLENN COUNTY: Area 1: Eastern part Area 2: Remainder LASSEN COUNTY: Area 1: Western part along the Southern portion of border with Shasta County Area 2: Remainder MADERA COUNTY: Area 1: Except Eastern part Area 2: Eastern part MARIPOSA COUNTY Area 1: Except Eastern part Area 2: Eastern part MONTERREY COUNTY Area 1: Except Southwestern part Area 2: Southwestern part NEVADA COUNTY: Area 1: All but the Northern portion along the border of Sierra County 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 22/72828 CC 02-04-2025 828 of 985 Area 2: Remainder PLACER COUNTY: Area 1: Al but the Central portion Area 2: Remainder PLUMAS COUNTY: Area 1: Western portion Area 2: Remainder SHASTA COUNTY: Area 1: All but the Northeastern corner Area 2: Remainder SIERRA COUNTY: Area 1: Western part Area 2: Remainder SISKIYOU COUNTY: Area 1: Central part Area 2: Remainder SONOMA COUNTY: Area 1: All but the Northwestern corner Area 2: Remainder TEHAMA COUNTY: Area 1: All but the Western border with Mendocino & Trinity Counties Area 2: Remainder TRINITY COUNTY: Area 1: East Central part and the Northeastern border with Shasta County Area 2: Remainder TUOLUMNE COUNTY: Area 1: Except Eastern part Area 2: Eastern part ---------------------------------------------------------------- ENGI0003-019 07/01/2024 SEE AREA DESCRIPTIONS BELOW Rates Fringes OPERATOR: Power Equipment (LANDSCAPE WORK ONLY) GROUP 1 AREA 1.....................$ 52.40 28.52 AREA 2.....................$ 54.40 28.52 GROUP 2 AREA 1.....................$ 48.80 28.52 AREA 2.....................$ 50.80 28.52 GROUP 3 AREA 1.....................$ 44.19 28.52 AREA 2.....................$ 46.19 28.52 GROUP DESCRIPTIONS: GROUP 1: Landscape Finish Grade Operator: All finish grade work regardless of equipment used, and all equipment with a rating more than 65 HP. 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 23/72829 CC 02-04-2025 829 of 985 GROUP 2: Landscape Operator up to 65 HP: All equipment with a manufacturer's rating of 65 HP or less except equipment covered by Group 1 or Group 3. The following equipment shall be included except when used for finish work as long as manufacturer's rating is 65 HP or less: A-Frame and Winch Truck, Backhoe, Forklift, Hydragraphic Seeder Machine, Roller, Rubber-Tired and Track Earthmoving Equipment, Skiploader, Straw Blowers, and Trencher 31 HP up to 65 HP. GROUP 3: Landscae Utility Operator: Small Rubber-Tired Tractor, Trencher Under 31 HP. AREA DESCRIPTIONS: AREA 1: ALAMEDA, BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED, NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS, SUTTER, YOLO, AND YUBA COUNTIES AREA 2 - MODOC COUNTY THE REMAINING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW: ALPINE COUNTY: Area 1: Northernmost part Area 2: Remainder CALAVERAS COUNTY: Area 1: Except Eastern part Area 2: Eastern part COLUSA COUNTY: Area 1: Eastern part Area 2: Remainder DEL NORTE COUNTY: Area 1: Extreme Southwestern corner Area 2: Remainder ELDORADO COUNTY: Area 1: North Central part Area 2: Remainder FRESNO COUNTY Area 1: Except Eastern part Area 2: Eastern part GLENN COUNTY: Area 1: Eastern part Area 2: Remainder HUMBOLDT COUNTY: Area 1: Except Eastern and Southwestern parts Area 2: Remainder LAKE COUNTY: Area 1: Southern part Area 2: Remainder LASSEN COUNTY: Area 1: Western part along the Southern portion of border with Shasta County Area 2: Remainder 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 24/72830 CC 02-04-2025 830 of 985 MADERA COUNTY Area 1: Remainder Area 2: Eastern part MARIPOSA COUNTY Area 1: Remainder Area 2: Eastern part MENDOCINO COUNTY: Area 1: Central and Southeastern parts Area 2: Remainder MONTEREY COUNTY Area 1: Remainder Area 2: Southwestern part NEVADA COUNTY: Area 1: All but the Northern portion along the border of Sierra County Area 2: Remainder PLACER COUNTY: Area 1: All but the Central portion Area 2: Remainder PLUMAS COUNTY: Area 1: Western portion Area 2: Remainder SHASTA COUNTY: Area 1: All but the Northeastern corner Area 2: Remainder SIERRA COUNTY: Area 1: Western part Area 2: Remainder SISKIYOU COUNTY: Area 1: Central part Area 2: Remainder SONOMA COUNTY: Area 1: All but the Northwestern corner Area 2: Reaminder TEHAMA COUNTY: Area 1: All but the Western border with mendocino & Trinity Counties Area 2: Remainder TRINITY COUNTY: Area 1: East Central part and the Northeaster border with Shasta County Area 2: Remainder TULARE COUNTY; Area 1: Remainder Area 2: Eastern part TUOLUMNE COUNTY: Area 1: Remainder Area 2: Eastern Part ---------------------------------------------------------------- 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 25/72831 CC 02-04-2025 831 of 985 IRON0377-001 01/01/2024 ALAMEDA, CONTRA COSTA, SAN MATEO, SANTA CLARA COUNTIES Rates Fringes Ironworkers: Fence Erector...............$ 42.53 26.26 Ornamental, Reinforcing and Structural..............$ 52.08 34.90 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- IRON0377-003 01/01/2024 SAN FRANCISCO CITY and COUNTY Rates Fringes Ironworkers: Fence Erector...............$ 42.53 26.26 Ornamental, Reinforcing and Structural..............$ 52.58 34.90 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 26/72832 CC 02-04-2025 832 of 985 ---------------------------------------------------------------- IRON0433-005 01/01/2024 REMAINING COUNTIES Rates Fringes IRONWORKER Fence Erector...............$ 42.53 26.26 Ornamental, Reinforcing and Structural..............$ 47.45 34.90 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LABO0067-006 07/01/2024 AREA ""1"" - ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES AREA ""2"" - CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, STANISLAUS, AND TUOLUMNE COUNTIES Rates Fringes LABORER (ASBESTOS/MOLD/LEAD LABORER) Area 1......................$ 37.75 29.69 Area 2......................$ 36.75 29.69 ASBESTOS REMOVAL-SCOPE OF WORK: Site mobilization; initial site clean-up; site preparation; removal of asbestos-containing materials from walls and ceilings; or from pipes, boilers and mechanical systems only if they are being scrapped; encapsulation, enclosure and disposal of asbestos-containing materials by hand or with equipment or machinery; scaffolding; fabrication of temporary wooden barriers; and assembly of decontamination stations. ---------------------------------------------------------------- LABO0073-002 07/01/2023 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 27/72833 CC 02-04-2025 833 of 985 CALAVERAS AND SAN JOAQUIN COUNTIES Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person..$ 36.26 27.30 Traffic Control Person I....$ 36.56 27.30 Traffic Control Person II...$ 34.06 27.30 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions. ---------------------------------------------------------------- LABO0073-003 07/01/2023 SAN JOAQUIN COUNTY Rates Fringes LABORER Mason Tender-Brick..........$ 36.29 25.55 ---------------------------------------------------------------- LABO0073-005 06/26/2023 Rates Fringes Tunnel and Shaft Laborers: GROUP 1.....................$ 45.89 27.72 GROUP 2.....................$ 45.66 27.72 GROUP 3.....................$ 45.41 27.72 GROUP 4.....................$ 44.96 27.72 GROUP 5.....................$ 44.42 27.72 Shotcrete Specialist........$ 46.41 27.72 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 28/72834 CC 02-04-2025 834 of 985 ---------------------------------------------------------------- LABO0073-007 06/26/2023 CALAVERAS AND SAN JOAQUIN COUNTIES Rates Fringes LABORER (CONSTRUCTION CRAFT LABORERS) Construction Specialist Group.......................$ 36.20 27.30 GROUP 1.....................$ 35.50 27.30 GROUP 1-a...................$ 35.72 27.30 GROUP 1-c...................$ 35.55 27.30 GROUP 1-e...................$ 36.05 27.30 GROUP 1-f...................$ 30.37 23.20 GROUP 2.....................$ 35.35 27.30 GROUP 3.....................$ 35.25 27.30 GROUP 4.....................$ 28.94 27.30 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS) (1) New Construction........$ 35.25 27.30 (2) Establishment Warranty Period......................$ 28.94 27.30 LABORER (GUNITE) GROUP 1.....................$ 36.46 27.30 GROUP 2.....................$ 35.96 27.30 GROUP 3.....................$ 35.37 27.30 GROUP 4.....................$ 35.25 27.30 LABORER (WRECKING) GROUP 1.....................$ 35.50 27.30 GROUP 2.....................$ 35.35 27.30 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 29/72835 CC 02-04-2025 835 of 985 over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 30/72836 CC 02-04-2025 836 of 985 or shot crete GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material cleaner"" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- LABO0073-009 07/01/2023 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 31/72837 CC 02-04-2025 837 of 985 CALAVERAS AND SAN JOAQUIN COUNTIES Rates Fringes LABORER (Plaster Tender).........$ 39.77 28.54 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO0261-003 07/01/2023 SAN FRANCISCO AND SAN MATEO COUNTIES Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person..$ 37.26 27.30 Traffic Control Person I....$ 37.56 27.30 Traffic Control Person II...$ 35.06 27.30 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions. ---------------------------------------------------------------- LABO0261-005 06/26/2023 SAN FRANCISCO AND SAN MATEO COUNTIES Rates Fringes Tunnel and Shaft Laborers: GROUP 1.....................$ 45.89 27.72 GROUP 2.....................$ 45.66 27.72 GROUP 3.....................$ 45.41 27.72 GROUP 4.....................$ 44.96 27.72 GROUP 5.....................$ 44.42 27.72 Shotcrete Specialist........$ 46.41 27.72 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 32/72838 CC 02-04-2025 838 of 985 GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- LABO0261-009 06/26/2023 SAN FRANCISCO, AND SAN MATEO COUNTIES Rates Fringes LABORER (CONSTRUCTION CRAFT LABORERS - AREA A:) Construction Specialist Group.......................$ 37.20 27.30 GROUP 1.....................$ 36.50 27.30 GROUP 1-a...................$ 36.72 27.30 GROUP 1-c...................$ 36.55 27.30 GROUP 1-e...................$ 37.05 27.30 GROUP 1-f...................$ 31.37 23.20 GROUP 2.....................$ 36.35 27.30 GROUP 3.....................$ 36.25 27.30 GROUP 4.....................$ 29.94 27.30 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS - AREA A:) (1) New Construction........$ 36.25 27.30 (2) Establishment Warranty Period......................$ 29.94 27.30 LABORER (WRECKING - AREA A:) GROUP 1.....................$ 36.50 27.30 GROUP 2.....................$ 36.35 27.30 Laborers: (GUNITE - AREA A:) GROUP 1.....................$ 37.46 27.30 GROUP 2.....................$ 36.96 27.30 GROUP 3.....................$ 36.37 27.30 GROUP 4.....................$ 36.25 27.30 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 33/72839 CC 02-04-2025 839 of 985 raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 34/72840 CC 02-04-2025 840 of 985 GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material cleaner"" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 35/72841 CC 02-04-2025 841 of 985 LABO0261-011 07/01/2023 SAN FRANCISCO AND SAN MATEO COUNTIES: Rates Fringes MASON TENDER, BRICK..............$ 37.05 27.45 FOOTNOTES: Underground work such as sewers, manholes, catch basins, sewer pipes, telephone conduits, tunnels and cut trenches: $5.00 per day additional. Work in live sewage: $2.50 per day additional. ---------------------------------------------------------------- LABO0261-014 07/01/2023 SAN FRANCISCO AND SAN MATEO COUNTIES: Rates Fringes PLASTER TENDER...................$ 41.93 30.32 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO0270-003 07/01/2023 AREA A: SANTA CLARA AREA B: MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person Area A.....................$ 37.26 27.30 Area B.....................$ 36.26 27.30 Traffic Control Person I Area A.....................$ 37.56 27.30 Area B.....................$ 36.56 27.30 Traffic Control Person II Area A.....................$ 35.06 27.30 Area B.....................$ 34.06 27.30 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions. ---------------------------------------------------------------- LABO0270-004 06/26/2023 MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES Rates Fringes Tunnel and Shaft Laborers: GROUP 1.....................$ 45.89 27.72 GROUP 2.....................$ 45.66 27.72 GROUP 3.....................$ 45.41 27.72 GROUP 4.....................$ 44.96 27.72 GROUP 5.....................$ 44.42 27.72 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 36/72842 CC 02-04-2025 842 of 985 Shotcrete Specialist........$ 46.41 27.72 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- LABO0270-005 07/01/2023 MONTEREY AND SAN BENITO COUNTIES Rates Fringes LABORER Mason Tender-Brick..........$ 36.29 25.55 ---------------------------------------------------------------- LABO0270-007 06/26/2023 MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES Rates Fringes LABORER (CONSTRUCTION CRAFT LABORERS - AREA B) Construction Specialist Group.......................$ 36.20 27.30 GROUP 1.....................$ 35.50 27.30 GROUP 1-a...................$ 35.72 27.30 GROUP 1-c...................$ 35.55 27.30 GROUP 1-e...................$ 36.05 27.30 GROUP 1-f...................$ 36.08 27.30 GROUP 2.....................$ 35.35 27.30 GROUP 3.....................$ 35.25 27.30 GROUP 4.....................$ 28.94 27.30 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS - AREA B) (1) New Construction........$ 35.25 27.30 (2) Establishment Warranty Period......................$ 28.94 27.30 LABORER (GUNITE - AREA B) GROUP 1.....................$ 36.46 27.30 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 37/72843 CC 02-04-2025 843 of 985 GROUP 2.....................$ 35.96 27.30 GROUP 3.....................$ 35.37 27.30 GROUP 4.....................$ 35.25 27.30 LABORER (WRECKING - AREA B) GROUP 1.....................$ 35.50 27.30 GROUP 2.....................$ 35.35 27.30 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 38/72844 CC 02-04-2025 844 of 985 regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 39/72845 CC 02-04-2025 845 of 985 cleaner"" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- LABO0270-010 06/26/2023 SANTA CLARA COUNTY Rates Fringes LABORER (CONSTRUCTION CRAFT LABORERS - AREA A:) Construction Specialist Group.......................$ 37.20 27.30 GROUP 1.....................$ 36.50 27.30 GROUP 1-a...................$ 36.72 27.30 GROUP 1-c...................$ 36.55 27.30 GROUP 1-e...................$ 37.05 27.30 GROUP 1-f...................$ 37.08 27.30 GROUP 2.....................$ 36.35 27.30 GROUP 3.....................$ 36.25 27.30 GROUP 4.....................$ 29.94 27.30 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS - AREA A:) (1) New Construction........$ 36.25 27.30 (2) Establishment Warranty Period......................$ 29.94 27.30 LABORER (GUNITE - AREA A:) GROUP 1.....................$ 37.46 27.30 GROUP 2.....................$ 36.96 27.30 GROUP 3.....................$ 36.37 27.30 GROUP 4.....................$ 36.25 27.30 LABORER (WRECKING - AREA A:) 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 40/72846 CC 02-04-2025 846 of 985 GROUP 1.....................$ 36.50 27.30 GROUP 2.....................$ 36.35 27.30 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 41/72847 CC 02-04-2025 847 of 985 of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material cleaner"" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 42/72848 CC 02-04-2025 848 of 985 C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- LABO0270-011 07/01/2023 MONTEREY, SAN BENITO, SANTA CRUZ, SANTA CLARA COUNTIES Rates Fringes LABORER (Plaster Tender).........$ 40.68 29.68 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO0294-001 07/01/2023 FRESNO, KINGS AND MADERA COUNTIES Rates Fringes LABORER (Brick) Mason Tender-Brick..........$ 36.29 25.55 ---------------------------------------------------------------- LABO0294-002 07/01/2023 FRESNO, KINGS, AND MADERA COUNTIES Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person..$ 36.26 27.30 Traffic Control Person I....$ 36.56 27.30 Traffic Control Person II...$ 34.06 27.30 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. TRAFFIC CONTROL PERSON II: Installation and removal of 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 43/72849 CC 02-04-2025 849 of 985 temporary/permanent signs, markers, delineators and crash cushions. ---------------------------------------------------------------- LABO0294-005 06/26/2023 FRESNO, KINGS, AND MADERA COUNTIES Rates Fringes Tunnel and Shaft Laborers: GROUP 1.....................$ 45.89 27.72 GROUP 2.....................$ 45.66 27.72 GROUP 3.....................$ 45.41 27.72 GROUP 4.....................$ 44.96 27.72 GROUP 5.....................$ 44.42 27.72 Shotcrete Specialist........$ 46.41 27.72 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- LABO0294-008 06/26/2023 FRESNO, KINGS, AND MADERA COUNTIES Rates Fringes LABORER (CONSTRUCTION CRAFT LABORERS - AREA B:) Construction Specialist Group.......................$ 36.20 27.30 GROUP 1.....................$ 35.50 27.30 GROUP 1-a...................$ 35.72 27.30 GROUP 1-c...................$ 35.55 27.30 GROUP 1-e...................$ 36.05 27.30 GROUP 1-f...................$ 36.08 27.30 GROUP 2.....................$ 35.35 27.30 GROUP 3.....................$ 35.25 27.30 GROUP 4.....................$ 28.94 27.30 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 44/72850 CC 02-04-2025 850 of 985 HORTICULTURAL & LANDSCAPE LABORERS - AREA B:) (1) New Construction........$ 35.25 27.30 (2) Establishment Warranty Period......................$ 28.94 27.30 LABORER (GUNITE - AREA B:) GROUP 1.....................$ 36.46 27.30 GROUP 2.....................$ 35.96 27.30 GROUP 3.....................$ 35.37 27.30 GROUP 4.....................$ 35.25 27.30 LABORER (WRECKING - AREA B:) GROUP 1.....................$ 35.50 27.30 GROUP 2.....................$ 35.35 27.30 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 45/72851 CC 02-04-2025 851 of 985 Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 46/72852 CC 02-04-2025 852 of 985 track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material cleaner"" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- LABO0294-010 07/01/2023 CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE Rates Fringes Plasterer tender.................$ 39.77 28.54 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO0294-011 07/01/2023 FRESNO, KINGS, AND MADERA COUNTIES Rates Fringes LABORER (Plaster Tender).........$ 39.77 28.54 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO0304-002 07/01/2023 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 47/72853 CC 02-04-2025 853 of 985 ALAMEDA COUNTY Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person..$ 37.26 27.30 Traffic Control Person I....$ 37.56 27.30 Traffic Control Person II...$ 35.06 27.30 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions. ---------------------------------------------------------------- LABO0304-003 06/26/2023 ALAMEDA COUNTY Rates Fringes Tunnel and Shaft Laborers: GROUP 1.....................$ 45.89 27.72 GROUP 2.....................$ 45.66 27.72 GROUP 3.....................$ 45.41 27.72 GROUP 4.....................$ 44.96 27.72 GROUP 5.....................$ 44.42 27.72 Shotcrete Specialist........$ 46.41 27.72 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- LABO0304-004 06/26/2023 ALAMEDA COUNTY Rates Fringes 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 48/72854 CC 02-04-2025 854 of 985 LABORER (CONSTRUCTION CRAFT LABORERS - AREA A:) Construction Specialist Group.......................$ 37.20 27.30 GROUP 1.....................$ 36.50 27.30 GROUP 1-a...................$ 36.72 27.30 GROUP 1-c...................$ 36.55 27.30 GROUP 1-e...................$ 37.05 27.30 GROUP 1-f...................$ 37.08 27.30 GROUP 2.....................$ 36.35 27.30 GROUP 3.....................$ 36.25 27.30 GROUP 4.....................$ 29.94 27.30 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS - AREA A:) (1) New Construction........$ 36.25 27.30 (2) Establishment Warranty Period......................$ 29.94 27.30 LABORER (GUNITE - AREA A:) GROUP 1.....................$ 37.46 27.30 GROUP 2.....................$ 36.96 27.30 GROUP 3.....................$ 36.37 27.30 GROUP 4.....................$ 36.25 27.30 LABORER (WRECKING - AREA A:) GROUP 1.....................$ 36.50 27.30 GROUP 2.....................$ 36.35 27.30 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 49/72855 CC 02-04-2025 855 of 985 joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 50/72856 CC 02-04-2025 856 of 985 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material cleaner"" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- LABO0304-005 07/01/2023 ALAMEDA COUNTY Rates Fringes Brick Tender.....................$ 37.05 27.45 FOOTNOTES: Work on jobs where heat-protective clothing is required: $2.00 per hour additional. Work at grinders: $.25 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 51/72857 CC 02-04-2025 857 of 985 per hour additional. Manhole work: $2.00 per day additional. ---------------------------------------------------------------- LABO0304-008 07/01/2023 ALAMEDA AND CONTRA COSTA COUNTIES: Rates Fringes Plasterer tender.................$ 41.93 30.32 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO0324-002 07/01/2023 CONTRA COSTA COUNTY Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person..$ 37.26 27.30 Traffic Control Person I....$ 37.56 27.30 Traffic Control Person II...$ 35.06 27.30 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions. ---------------------------------------------------------------- LABO0324-006 06/26/2023 CONTRA COSTA COUNTY Rates Fringes Tunnel and Shaft Laborers: GROUP 1.....................$ 45.89 27.72 GROUP 2.....................$ 45.66 27.72 GROUP 3.....................$ 45.41 27.72 GROUP 4.....................$ 44.96 27.72 GROUP 5.....................$ 44.42 27.72 Shotcrete Specialist........$ 46.41 27.72 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 52/72858 CC 02-04-2025 858 of 985 Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- LABO0324-012 06/26/2023 CONTRA COSTA COUNTY Rates Fringes LABORER (CONSTRUCTION CRAFT LABORERS - AREA A:) Construction Specialist Group.......................$ 37.20 27.30 GROUP 1.....................$ 36.50 27.30 GROUP 1-a...................$ 36.72 27.30 GROUP 1-c...................$ 36.55 27.30 GROUP 1-e...................$ 37.05 27.30 GROUP 1-f...................$ 37.08 27.30 GROUP 1-g...................$ 36.70 27.30 GROUP 2.....................$ 36.35 27.30 GROUP 3.....................$ 36.25 27.30 GROUP 4.....................$ 29.94 27.30 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, HORTICULURAL & LANDSCAPE LABORERS - AREA A:) (1) New Construction........$ 36.25 27.30 (2) Establishment Warranty Period......................$ 29.94 27.30 LABORER (GUNITE - AREA A:) GROUP 1.....................$ 37.46 27.30 GROUP 2.....................$ 36.96 27.30 GROUP 3.....................$ 36.37 27.30 GROUP 4.....................$ 36.25 27.30 LABORER (WRECKING - AREA A:) GROUP 1.....................$ 36.50 27.30 GROUP 2.....................$ 36.35 27.30 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 53/72859 CC 02-04-2025 859 of 985 pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 54/72860 CC 02-04-2025 860 of 985 is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 1-g, CONTRA COSTA COUNTY: Pipelayer (including grade checking in connection with pipelaying); Caulker; Bander; Pipewrapper; Conduit layer; Plastic pipe layer; Pressure pipe tester; No joint pipe and stripping of same, including repair of voids; Precast manhole setters, cast in place manhole form setters GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material cleaner"" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 55/72861 CC 02-04-2025 861 of 985 GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) GROUP 1-g, CONTRA COSTA COUNTY: Pipelayer (including grade checking in connection with pipelaying); Caulker; Bander; Pipewrapper; Conduit layer; Plastic pipe layer; Pressure pipe tester; No joint pipe and stripping of same, including repair of voids; Precast manhole setters, cast in place manhole form setters ---------------------------------------------------------------- LABO0324-014 07/01/2023 CONTRA COSTA COUNTY: Rates Fringes Brick Tender.....................$ 37.05 27.45 FOOTNOTES: Work on jobs where heat-protective clothing is required: $2.00 per hour additional. Work at grinders: $.25 per hour additional. Manhole work: $2.00 per day additional. ---------------------------------------------------------------- LABO0324-018 07/01/2023 ALAMEDA AND CONTRA COSTA COUNTIES: Rates Fringes Plasterer tender.................$ 41.93 30.32 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO1130-002 07/01/2023 MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person..$ 36.26 27.30 Traffic Control Person I....$ 36.56 27.30 Traffic Control Person II...$ 34.06 27.30 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions. ---------------------------------------------------------------- LABO1130-003 06/26/2023 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 56/72862 CC 02-04-2025 862 of 985 MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES Rates Fringes Tunnel and Shaft Laborers: GROUP 1.....................$ 45.89 27.72 GROUP 2.....................$ 45.66 27.72 GROUP 3.....................$ 45.41 27.72 GROUP 4.....................$ 44.96 27.72 GROUP 5.....................$ 44.42 27.72 Shotcrete Specialist........$ 46.41 27.72 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- LABO1130-005 07/01/2023 MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES Rates Fringes LABORER Mason Tender-Brick..........$ 36.29 25.55 ---------------------------------------------------------------- LABO1130-007 06/26/2023 MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE , COUNTIES Rates Fringes LABORER (CONSTRUCTION CRAFT LABORERS - AREA B:) Construction Specialist Group.......................$ 36.20 27.30 GROUP 1.....................$ 35.50 27.30 GROUP 1-a...................$ 35.72 27.30 GROUP 1-c...................$ 35.55 27.30 GROUP 1-e...................$ 36.05 27.30 GROUP 1-f...................$ 36.08 27.30 GROUP 2.....................$ 35.35 27.30 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 57/72863 CC 02-04-2025 863 of 985 GROUP 3.....................$ 35.25 27.30 GROUP 4.....................$ 28.94 27.30 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS - AREA B:) (1) New Construction........$ 35.25 27.30 (2) Establishment Warranty Period......................$ 28.94 27.30 LABORER (GUNITE - AREA B:) GROUP 1.....................$ 36.46 27.30 GROUP 2.....................$ 35.96 27.30 GROUP 3.....................$ 35.37 27.30 GROUP 4.....................$ 35.25 27.30 LABORER (WRECKING - AREA B:) GROUP 1.....................$ 35.50 27.30 GROUP 2.....................$ 35.35 27.30 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 58/72864 CC 02-04-2025 864 of 985 chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 59/72865 CC 02-04-2025 865 of 985 Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material cleaner"" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- LABO1130-008 07/01/2023 CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE Rates Fringes Plasterer tender.................$ 39.77 28.54 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO1130-009 07/01/2023 MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES Rates Fringes LABORER (Plaster Tender).........$ 39.77 28.54 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 60/72866 CC 02-04-2025 866 of 985 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- PAIN0016-001 01/01/2024 ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN MATEO, SANTA CLARA, AND SANTA CRUZ COUNTIES Rates Fringes Painters:........................$ 50.51 27.66 PREMIUMS: EXOTIC MATERIALS - $1.25 additional per hour. SPRAY WORK: - $0.50 additional per hour. INDUSTRIAL PAINTING - $0.25 additional per hour [Work on industrial buildings used for the manufacture and processing of goods for sale or service; steel construction (bridges), stacks, towers, tanks, and similar structures] HIGH WORK: over 50 feet - $2.00 per hour additional 100 to 180 feet - $4.00 per hour additional Over 180 feet - $6.00 per houir additional ---------------------------------------------------------------- PAIN0016-003 01/01/2024 AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA CLARA COUNTIES AREA 2: CALAVERAS, MARIPOA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS & TUOLUMNE COUNTIES Rates Fringes Drywall Finisher/Taper AREA 1......................$ 60.41 31.34 AREA 2......................$ 56.28 29.94 ---------------------------------------------------------------- PAIN0016-012 01/01/2024 ALAMEDA, CONTRA COSTA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES Rates Fringes SOFT FLOOR LAYER.................$ 59.00 33.03 ---------------------------------------------------------------- PAIN0016-015 01/01/2024 CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE COUNTIES Rates Fringes PAINTER Brush.......................$ 40.85 22.40 FOOTNOTES: SPRAY/SANDBLAST: $0.50 additional per hour. 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 61/72867 CC 02-04-2025 867 of 985 EXOTIC MATERIALS: $1.25 additional per hour. HIGH TIME: Over 50 ft above ground or water level $2.00 additional per hour. 100 to 180 ft above ground or water level $4.00 additional per hour. Over 180 ft above ground or water level $6.00 additional per hour. ---------------------------------------------------------------- PAIN0016-022 01/01/2024 SAN FRANCISCO COUNTY Rates Fringes PAINTER..........................$ 54.13 27.66 ---------------------------------------------------------------- PAIN0169-001 01/01/2023 FRESNO, KINGS, MADERA, MARIPOSA AND MERCED COUNTIES: Rates Fringes GLAZIER..........................$ 44.33 28.88 ---------------------------------------------------------------- PAIN0169-005 01/01/2024 ALAMEDA CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA & SANTA CRUZ COUNTIES Rates Fringes GLAZIER..........................$ 56.22 34.00 ---------------------------------------------------------------- PAIN0294-004 07/01/2023 FRESNO, KINGS AND MADERA COUNTIES Rates Fringes PAINTER Brush, Roller...............$ 34.49 21.80 Drywall Finisher/Taper......$ 35.74 21.80 FOOTNOTE: Spray Painters & Paperhangers recive $1.00 additional per hour. Painters doing Drywall Patching receive $1.25 additional per hour. Lead Abaters & Sandblasters receive $1.50 additional per hour. High Time - over 30 feet (does not include work from a lift) $0.75 per hour additional. ---------------------------------------------------------------- PAIN0294-005 01/01/2023 FRESNO, KINGS & MADERA Rates Fringes SOFT FLOOR LAYER.................$ 38.53 23.19 ---------------------------------------------------------------- PAIN0767-001 01/01/2024 CALAVERAS, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: Rates Fringes 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 62/72868 CC 02-04-2025 868 of 985 GLAZIER..........................$ 43.25 35.62 PAID HOLIDAYS: New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day. Employee required to wear a body harness shall receive $1.50 per hour above the basic hourly rate at any elevation. ---------------------------------------------------------------- PAIN1176-001 07/01/2022 HIGHWAY IMPR0VEMENT Rates Fringes Parking Lot Striping/Highway Marking: GROUP 1.....................$ 40.83 17.62 GROUP 2.....................$ 34.71 17.62 GROUP 3.....................$ 35.11 17.62 CLASSIFICATIONS GROUP 1: Striper: Layout and application of painted traffic stripes and marking; hot thermo plastic; tape, traffic stripes and markings GROUP 2: Gamecourt & Playground Installer GROUP 3: Protective Coating, Pavement Sealing ---------------------------------------------------------------- PAIN1237-003 01/01/2024 CALAVERAS; SAN JOAQUIN COUNTIES; STANISLAUS AND TUOLUMNE COUNTIES: Rates Fringes SOFT FLOOR LAYER.................$ 48.54 26.59 ---------------------------------------------------------------- PLAS0066-002 07/01/2019 ALAMEDA, CONTRA COSTA, SAN MATEO AND SAN FRANCISCO COUNTIES: Rates Fringes PLASTERER........................$ 42.41 30.73 ---------------------------------------------------------------- PLAS0300-001 07/01/2018 Rates Fringes PLASTERER AREA 188: Fresno...........$ 32.70 31.68 AREA 224: San Benito, Santa Clara, Santa Cruz.....$ 32.88 31.68 AREA 295: Calaveras & San Joaquin Couonties...........$ 32.70 31.68 AREA 337: Monterey County..$ 32.88 31.68 AREA 429: Mariposa, Merced, Stanislaus, Tuolumne Counties...........$ 32.70 31.68 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 63/72869 CC 02-04-2025 869 of 985 ---------------------------------------------------------------- PLAS0300-005 07/01/2016 Rates Fringes CEMENT MASON/CONCRETE FINISHER...$ 32.15 23.27 ---------------------------------------------------------------- PLUM0038-001 07/01/2023 SAN FRANCISCO COUNTY Rates Fringes PLUMBER (Plumber, Steamfitter, Refrigeration Fitter)..........................$ 85.50 48.98 ---------------------------------------------------------------- PLUM0038-005 07/01/2023 SAN FRANCISCO COUNTY Rates Fringes Landscape/Irrigation Fitter (Underground/Utility Fitter).....$ 72.68 32.91 ---------------------------------------------------------------- PLUM0062-001 07/01/2024 MONTEREY AND SANTA CRUZ COUNTIES Rates Fringes PLUMBER & STEAMFITTER............$ 53.00 41.70 ---------------------------------------------------------------- PLUM0159-001 07/01/2024 CONTRA COSTA COUNTY Rates Fringes Plumber and steamfitter (1) Refrigeration...........$ 65.28 48.04 (2) All other work..........$ 66.17 48.04 ---------------------------------------------------------------- PLUM0246-001 07/01/2024 FRESNO, KINGS & MADERA COUNTIES Rates Fringes PLUMBER & STEAMFITTER............$ 50.00 40.69 ---------------------------------------------------------------- * PLUM0246-004 01/01/2017 FRESNO, MERCED & SAN JOAQUIN COUNIES Rates Fringes PLUMBER (PIPE TRADESMAN).........$ 13.00 ** 10.74 PIPE TRADESMAN SCOPE OF WORK: Installation of corrugated metal piping for drainage, as well as installation of corrugated metal piping for culverts in connection with storm sewers and drains; Grouting, dry packing and diapering of joints, holes or chases including 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 64/72870 CC 02-04-2025 870 of 985 paving over joints, in piping; Temporary piping for dirt work for building site preparation; Operating jack hammers, pavement breakers, chipping guns, concrete saws and spades to cut holes, chases and channels for piping systems; Digging, grading, backfilling and ground preparation for all types of pipe to all points of the jobsite; Ground preparation including ground leveling, layout and planting of shrubbery, trees and ground cover, including watering, mowing, edging, pruning and fertilizing, the breaking of concrete, digging, backfilling and tamping for the preparation and completion of all work in connection with lawn sprinkler and landscaping; Loading, unloading and distributing materials at jobsite; Putting away materials in storage bins in jobsite secure storage area; Demolition of piping and fixtures for remodeling and additions; Setting up and tearing down work benches, ladders and job shacks; Clean-up and sweeping of jobsite; Pipe wrapping and waterproofing where tar or similar material is applied for protection of buried piping; Flagman ---------------------------------------------------------------- PLUM0342-001 07/01/2023 ALAMEDA & CONTRA COSTA COUNTIES Rates Fringes PIPEFITTER CONTRA COSTA COUNTY.........$ 74.00 47.45 PLUMBER, PIPEFITTER, STEAMFITTER ALAMEDA COUNTY..............$ 74.00 47.45 ---------------------------------------------------------------- PLUM0355-004 07/01/2024 ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, STANISLAUS, AND TUOLUMNE COUNTIES: Rates Fringes Underground Utility Worker /Landscape Fitter...........$ 34.51 18.30 ---------------------------------------------------------------- PLUM0393-001 07/01/2021 SAN BENITO AND SANTA CLARA COUNTIES Rates Fringes PLUMBER/PIPEFITTER...............$ 68.76 46.63 ---------------------------------------------------------------- PLUM0442-001 07/01/2024 CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE COUNTIES Rates Fringes PLUMBER & STEAMFITTER............$ 54.05 36.99 ---------------------------------------------------------------- PLUM0467-001 07/01/2024 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 65/72871 CC 02-04-2025 871 of 985 SAN MATEO COUNTY Rates Fringes Plumber/Pipefitter/Steamfitter...$ 83.75 40.65 ---------------------------------------------------------------- ROOF0027-002 01/01/2024 FRESNO, KINGS, AND MADERA COUNTIES Rates Fringes ROOFER...........................$ 42.51 16.11 FOOTNOTE: Work with pitch, pitch base of pitch impregnated products or any material containing coal tar pitch, on any building old or new, where both asphalt and pitchers are used in the application of a built-up roof or tear off: $2.00 per hour additional. ---------------------------------------------------------------- ROOF0040-002 08/01/2024 SAN FRANCISCO & SAN MATEO COUNTIES: Rates Fringes ROOFER...........................$ 55.30 22.97 ---------------------------------------------------------------- ROOF0081-001 08/01/2023 ALAMEDA AND CONTRA COSTA COUNTIES: Rates Fringes Roofer...........................$ 52.47 22.31 ---------------------------------------------------------------- ROOF0081-004 08/01/2024 CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: Rates Fringes ROOFER...........................$ 49.65 22.19 ---------------------------------------------------------------- ROOF0095-002 08/01/2023 MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES: Rates Fringes ROOFER Bitumastic, Enameler, Coal Tar, Pitch and Mastic worker......................$ 57.17 21.51 Journeyman..................$ 53.17 21.51 Kettle person (2 kettles)...$ 55.17 21.51 ---------------------------------------------------------------- SFCA0483-001 08/01/2024 ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES: 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 66/72872 CC 02-04-2025 872 of 985 Rates Fringes SPRINKLER FITTER (FIRE)..........$ 79.13 38.51 ---------------------------------------------------------------- SFCA0669-011 01/01/2024 CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS AND TUOLUMNE COUNTIES: Rates Fringes SPRINKLER FITTER.................$ 44.32 27.83 ---------------------------------------------------------------- SHEE0104-001 07/01/2020 AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO, SANTA CLARA AREA 2: MONTEREY & SAN BENITO AREA 3: SANTA CRUZ Rates Fringes SHEET METAL WORKER AREA 1: Mechanical Contracts under $200,000.............$ 55.92 45.29 All Other Work.............$ 64.06 46.83 AREA 2......................$ 52.90 36.44 AREA 3......................$ 55.16 34.18 ---------------------------------------------------------------- SHEE0104-003 07/01/2021 CALAVERAS AND SAN JOAQUIN COUNTIES: Rates Fringes SHEET METAL WORKER...............$ 44.34 39.22 ---------------------------------------------------------------- SHEE0104-005 07/01/2021 MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES: Rates Fringes SHEET METAL WORKER (Excluding metal deck and siding)...........$ 41.28 45.41 ---------------------------------------------------------------- SHEE0104-007 07/01/2021 FRESNO, KINGS, AND MADERA COUNTIES: Rates Fringes SHEET METAL WORKER...............$ 44.07 40.79 ---------------------------------------------------------------- SHEE0104-015 07/01/2020 ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES: 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 67/72873 CC 02-04-2025 873 of 985 Rates Fringes SHEET METAL WORKER (Metal Decking and Siding only).........$ 44.45 35.55 ---------------------------------------------------------------- SHEE0104-018 07/01/2020 CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: Rates Fringes Sheet metal worker (Metal decking and siding only).........$ 44.45 35.55 ---------------------------------------------------------------- TEAM0094-001 07/01/2024 Rates Fringes Truck drivers: GROUP 1.....................$ 41.54 33.25 GROUP 2.....................$ 41.84 33.25 GROUP 3.....................$ 42.14 33.25 GROUP 4.....................$ 42.49 33.25 GROUP 5.....................$ 42.84 33.25 FOOTNOTES: Articulated dump truck; Bulk cement spreader (with or without auger); Dumpcrete truck; Skid truck (debris box); Dry pre-batch concrete mix trucks; Dumpster or similar type; Slurry truck: Use dump truck yardage rate. Heater planer; Asphalt burner; Scarifier burner; Industrial lift truck (mechanical tailgate); Utility and clean-up truck: Use appropriate rate for the power unit or the equipment utilized. TRUCK DRIVER CLASSIFICATIONS GROUP 1: Dump trucks, under 6 yds.; Single unit flat rack (2- axle unit); Nipper truck (when flat rack truck is used appropriate flat rack shall apply); Concrete pump truck (when flat rack truck is used appropriate flat rack shall apply); Concrete pump machine; Fork lift and lift jitneys; Fuel and/or grease truck driver or fuel person; Snow buggy; Steam cleaning; Bus or personhaul driver; Escort or pilot car driver; Pickup truck; Teamster oiler/greaser and/or serviceperson; Hook tender (including loading and unloading); Team driver; Tool room attendant (refineries) GROUP 2: Dump trucks, 6 yds. and under 8 yds.; Transit mixers, through 10 yds.; Water trucks, under 7,000 gals.; Jetting trucks, under 7,000 gals.; Single-unit flat rack (3-axle unit); Highbed heavy duty transport; Scissor truck; Rubber-tired muck car (not self-loaded); Rubber-tired truck jumbo; Winch truck and ""A"" frame drivers; Combination winch truck with hoist; Road oil truck or bootperson; Buggymobile; Ross, Hyster and similar straddle carriers; Small rubber-tired tractor GROUP 3: Dump trucks, 8 yds. and including 24 yds.; Transit mixers, over 10 yds.; Water trucks, 7,000 gals. and over; 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 68/72874 CC 02-04-2025 874 of 985 Jetting trucks, 7,000 gals. and over; Vacuum trucks under 7500 gals. Trucks towing tilt bed or flat bed pull trailers; Lowbed heavy duty transport; Heavy duty transport tiller person; Self- propelled street sweeper with self-contained refuse bin; Boom truck - hydro-lift or Swedish type extension or retracting crane; P.B. or similar type self-loading truck; Tire repairperson; Combination bootperson and road oiler; Dry distribution truck (A bootperson when employed on such equipment, shall receive the rate specified for the classification of road oil trucks or bootperson); Ammonia nitrate distributor, driver and mixer; Snow Go and/or plow GROUP 4: Dump trucks, over 25 yds. and under 65 yds.; Water pulls - DW 10's, 20's, 21's and other similar equipment when pulling Aqua/pak or water tank trailers; Helicopter pilots (when transporting men and materials); Lowbedk Heavy Duty Transport up to including 7 axles; DW10's, 20's, 21's and other similar Cat type, Terra Cobra, LeTourneau Pulls, Tournorocker, Euclid and similar type equipment when pulling fuel and/or grease tank trailers or other miscellaneous trailers; Vacuum Trucks 7500 gals and over and truck repairman GROUP 5: Dump trucks, 65 yds. and over; Holland hauler; Low bed Heavy Duty Transport over 7 axles ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 69/72875 CC 02-04-2025 875 of 985 (29CFR 5.5 (a) (1) (iii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 70/72876 CC 02-04-2025 876 of 985 for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. State Adopted Rate Identifiers Classifications listed under the ""SA"" identifier indicate that the prevailing wage rate set by a state (or local) government was adopted under 29 C.F.R �1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 01/03/2024 reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 71/72877 CC 02-04-2025 877 of 985 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION" 11/13/24, 4:32 PM SAM.gov https://sam.gov/wage-determination/CA20240018/22 72/72878 CC 02-04-2025 878 of 985 Cupertino Photovoltaic Systems Design and Installation Project APPENDIX B Project 2025-02 Page 88 APPENDIX B EXEMPLAR INSURANCE REQUIREMENTS DBE will procure and maintain for the duration of the Project, and for five years following the completion of the Project, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the design-build services hereunder by DBE, its agents, representatives, employees, subconsultants, or subcontractors. (A) Minimum Scope and Limit of Insurance. Coverage will be at least as broad as the minimum limits set forth below. If DBE maintains broader coverage and/or higher limits than the minimums shown below, City will be entitled to the broader coverage and/or higher limits maintained by DBE. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City. City reserves the right to modify these insurance requirements based on DBE’s prior experience, insurer, coverage, and considering the nature of the risk involved in the design-build services and other circumstances. DBE should discuss these requirements with its insurer and the designated representative. (1) Commercial General Liability (CGL). Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, written on a comprehensive general liability form, and must include coverage for liability arising from DBE’s or any contractor's or subcontractor’s acts or omissions, including DBE’s protected coverage, blanket contractual, products and completed operations, with limits of at least $8,000,000 per occurrence. The CGL policy must protect against any and all liability for personal injury, death, property damage or destruction, and personal and advertising injury. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be $16,000,000, which is twice the required occurrence limit. (i) It shall be a requirement under this Contract that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits will be made available to the Additional Insured and will be (1) the minimum coverage/limits specified in this Contract; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. (ii) Additional Insured coverage under DBE’s policy shall be “primary and non-contributory,” will not seek contribution from City’s insurance/self-insurance, and will be at least as broad as ISO CG 20 01 04 13. (iii) The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy DRAFT CONTRACT: APPENDIX B 879 CC 02-04-2025 879 of 985 Cupertino Photovoltaic Systems Design and Installation Project APPENDIX B Project 2025-02 Page 89 complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect City as a named insured. (2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if DBE has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $5,000,000 per accident for bodily injury and property damage. (3) Workers’ Compensation. As required by the State of California, with statutory limits, and Employer’s Liability Insurance of no less than $1,000,000 per accident for bodily injury or disease, or as otherwise required by statute. If DBE is self- insured, DBE must provide a Certificate of Permission to Self-Insure, duly authorized by the DIR. (4) Professional Liability. Professional liability to cover all services performed by design professionals, with limits no less than $5,000,000 per occurrence or claim, and $5,000,000 aggregate. (5) Builder’s Risk. Course of Construction insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions. (6) Pollution and/or Asbestos Legal Liability. DBEs’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $2,000,000 per occurrence or claim, and $4,000,000 policy aggregate. ☐ N/A if box checked (Project does not involve environmental hazards). (B) Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City’s option, either: (1) DBE will cause the insurer to reduce or eliminate self- insured retentions as respects City, its officers, officials, employees, and volunteers; or (2) DBE will provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language will provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the City. (C) Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (1) Additional Insured Status. The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of the design-build services performed by or on behalf of DBE including materials, parts, or equipment furnished. Endorsement of CGL coverage must be at least as 880 CC 02-04-2025 880 of 985 Cupertino Photovoltaic Systems Design and Installation Project APPENDIX B Project 2025-02 Page 90 broad as ISO Form CG 20 10 for ongoing operations and CG 20 37 for completed operations. (2) Primary Coverage. For any claims related to this Project, DBE’s insurance coverage must be “primary and non-contributory” and at least as broad as ISO CG 20 01 04 13 with respect to City, its officers, officials, employees and volunteers, and must not seek contribution from City’s insurance. If the limits of insurance are satisfied in part by Umbrella/Excess Insurance, the Umbrella/Excess Insurance must contain or be endorsed to contain a provision that such coverage will also apply on a “primary and non-contributory” basis for the benefit of City. (3) Notice of Cancellation. Each insurance policy required must provide that coverage will not be canceled, except with notice to the City. Each certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced, cancelled or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. (4) Builder’s Risk. DBE may submit Builder’s Risk insurance in the form of Course of Construction coverage, which shall name the City as a loss payee, as its interest may appear. Policy limits must be per occurrence and for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance penalties, and for the benefit of City. If the Project does not involve new or major reconstruction, City may elect in its sole discretion to accept an Installation Floater policy instead of Builder’s Risk. For such projects, the Property Installation Floater shall include improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site. (5) Waiver of Subrogation. Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against City. DBE agrees to waive rights of subrogation which any insurer of DBE may acquire from DBE by virtue of the payment of any loss. DBE agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the DBE, its employees, agents and subcontractors. (6) Acceptability of Insurers. Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California, and each insurer must have an A.M. Best’s financial strength rating of “A-” or better and a financial size rating of “VII” or better. 881 CC 02-04-2025 881 of 985 Cupertino Photovoltaic Systems Design and Installation Project APPENDIX B Project 2025-02 Page 91 (7) Verification of Coverage. DBE will furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this Contract. All certificates and endorsements are to be received and approved by the City before performing the design-build services. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. (8) Subcontractors. DBE will require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and DBE will ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors will provide coverage with a form at least as broad as CG 20 38 04 13. (9) Claims Made Policies. If any coverage required is written on a claims-made coverage form: (i) The retroactive date must be shown, and this date must be before the execution date of the Contract or the beginning of the design-build services. (ii) Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the design-build services. (iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Effective Date of the contract, or start of design-build services, the DBE must purchase extended reporting period coverage for a minimum of five years after completion of the design-build services. (iv) A copy of the claims reporting requirements must be submitted to the City for review. (v) If the Services involve lead-based paint or asbestos identification/remediation, the DBE’s Pollution Liability policy must not contain lead-based paint or asbestos exclusions. If the Services involve mold identification/remediation, the DBE’s Pollution Liability policy must not contain a mold exclusion, and the definition of “pollution” must include microbial matter, including mold 882 CC 02-04-2025 882 of 985 A B C D E F G H I J K L M Facility kWh kWh Cost cost per kWh (ave.) PV systems kWH generation PV systems annual savings* PV systems annual electrical bill** PV systems lifecycle savings*** Constrn Cost: PV only Constrn Cost: EVCS only Constrn. Cost (PV + EV) IRA funding (40% of PV only) City Funding Payback Period (years) **** formula A/B B - E H + I H * 40% J - K Library (1932850108)1,048,978 $322,517 $0.31 621,477 $189,074 $133,443 $10,847,040 $3,803,000 $300,000 $4,103,000 $1,521,200 $2,581,800 11.33 BBF (114315284)110,428 $32,539 $0.29 110,948 $38,253 -$5,714 $1,563,642 $956,000 $100,000 $1,056,000 $382,400 $673,600 14.08 Quinlan Community Center (0116367009-116367840) 383,109 $121,336 $0.32 453,795 $154,217 -$32,881 $7,272,774 $2,343,000 $150,000 $2,493,000 $867,200 $1,625,800 9.21 Sports Center (0116367009- 116971849) 329,369 $108,143 $0.33 322,104 $93,047 $15,096 $4,434,018 $1,815,000 $150,000 $1,965,000 $726,000 $1,239,000 11.11 Community Hall (0116367009- 116367449) 114,600 $39,810 $0.35 66,784 $29,441 $10,369 $1,315,345 $377,000 $0 $377,000 $150,800 $226,200 7.15 $624,345 $504,032 $120,313 $25,432,819 $9,294,000 $700,000 $9,994,000 $3,647,600 $6,346,400 10.66 decreased by:504,032 with 20% contingency $11,992,800 Four sites, WITHOUT BBF Library (1932850108)1,048,978 $322,517 $0.31 621,477 $189,074 $133,443 $10,847,040 $3,803,000 $300,000 $4,103,000 $1,521,200 $2,581,800 11.33 Quinlan Community Center (0116367009-116367840) 383,109 $121,336 $0.32 453,795 $154,217 -$32,881 $7,272,774 $2,343,000 $150,000 $2,493,000 $867,200 $1,625,800 9.21 Sports Center (0116367009- 116971849) 329,369 $108,143 $0.33 322,104 $93,047 $15,096 $4,434,018 $1,815,000 $150,000 $1,965,000 $726,000 $1,239,000 11.11 Community Hall (0116367009- 116367449) 114,600 $39,810 $0.35 66,784 $29,441 $10,369 $1,315,345 $377,000 $0 $377,000 $150,800 $226,200 7.15 $591,805 $465,779 $126,026 $23,869,177 $8,338,000 $600,000 $8,938,000 $3,265,200 $5,672,800 9.98 decreased by:465,779 with 20% contingency $10,725,600 Three sites, WITHOUT BBF and Library Quinlan Community Center (0116367009-116367840) 383,109 $121,336 $0.32 453,795 $154,217 -$32,881 $7,272,774 $2,343,000 $150,000 $2,493,000 $867,200 $1,625,800 9.21 Sports Center (0116367009- 116971849) 329,369 $108,143 $0.33 322,104 $93,047 $15,096 $4,434,018 $1,815,000 $150,000 $1,965,000 $726,000 $1,239,000 11.11 Community Hall (0116367009- 116367449) 114,600 $39,810 $0.35 66,784 $29,441 $10,369 $1,315,345 $377,000 $0 $377,000 $150,800 $226,200 7.15 $269,289 $276,705 -$7,416 $13,022,137 $4,535,000 $300,000 $4,835,000 $1,744,000 $3,091,000 9.46 decreased by:276,705 with 20% contingency $5,802,000 Four sites, WITHOUT LIBRARY BBF (114315284)110,428 $32,539 $0.29 110,948 $38,253 -$5,714 $1,563,642 $956,000 $100,000 $1,056,000 $382,400 $673,600 14.08 Quinlan Community Center (0116367009-116367840) 383,109 $121,336 $0.32 453,795 $154,217 -$32,881 $7,272,774 $2,343,000 $150,000 $2,493,000 $867,200 $1,625,800 9.21 Sports Center (0116367009- 116971849) 329,369 $108,143 $0.33 322,104 $93,047 $15,096 $4,434,018 $1,815,000 $150,000 $1,965,000 $726,000 $1,239,000 11.11 Community Hall (0116367009- 116367449) 114,600 $39,810 $0.35 66,784 $29,441 $10,369 $1,315,345 $377,000 $0 $377,000 $150,800 $226,200 7.15 $301,828 $314,958 -$13,130 $14,585,779 $5,491,000 $400,000 $5,891,000 $2,126,400 $3,764,600 10.28 decreased by:314,958 with 20% contingency $7,069,200 CUPERTINO PHOTOVOLTAIC SYSTEMS DESIGN AND INSTALLATION PROJECT • APPENDIX D - PRELIMINARY COST/SAVINGS *Annual savings includes 5% utility escalation over a 1.5 year construction period, Year 1 **The costs (B) are offset by the kWh savings (E), resulting in lowered electrical bill (F) ***Lifecycle Savings (30yrs) includes: 5% utility escalation, 0.5% module degradation, 30 years, NEM3 Included ****Discounted cashflow methodology includes: 5% utility escalation, 0.5% module degradation, 30 years, NEM3 Included 11/14/2024 883 CC 02-04-2025 883 of 985 CUPERTINO PHOTOVOLTAIC SYSTEMS DESIGN AND INSTALLATION PROJECT APPENDIX E REFERENCE MATERIALS – Links to further information for each Facility: Drawings and other documents for each site: · RFP - Existing Facility docs_Reference Cupertino Library and Community Hall (Civic Center) · 2020 Library Expansion Project: h&ps://www.cupertino.org/our-city/departments/public- works/capital-improvement-program-projects/library-expansion-project · 2018 Civic Center Master Plan Archive: h&ps://www.cupertino.org/our-city/departments/public- works/capital-improvement-program-projects/civic-center-master-plan-archive · Rental Info page: h&ps://www.cupertino.org/our-city/departments/parks-recreation/reservations- permits/indoor-facilities/community-hall · SCCLD Cupertino Library page: h&ps://sccld.org/locations/cupertino/?_gl=1*1nu2sg5*_ga*NjMyMDUzOTMxLjE3Mjk1MjU4MzU. *_ga_G99DMMNG39*MTczMTU2NDIwMS4yLjEuMTczMTU2NDIyNS4wLjAuMA..*_ga_C5XQ HLX1NN*MTczMTU2NDIwMS4yLjEuMTczMTU2NDIzMy4wLjAuMA..*_ga_C79ES1D7Q4*MTc yOTUyNTgzNC4zLjEuMTcyOTUyNjAyOC4wLjAuMA.. Cupertino Sports Center · Recreation Info page: h&ps://www.cupertino.org/our-city/departments/parks- recreation/cupertino-sports-center Blackberry Farm: · Recreation Info page: h&ps://www.cupertino.org/our-city/departments/parks-recreation/outdoor- activities/blackberry-farm Quinlan Community Center: · Rental Info page: h&ps://www.cupertino.org/our-city/departments/parks-recreation/reservations- permits/indoor-facilities/quinlan-community-center · Memorial Park Specific Plan: h&ps://engagecupertino.org/memorial-park-specific-plan This project: · h&ps://www.cupertino.org/our-city/departments/public-works/capital-improvement-program- projects/photovoltaic-systems-design-and-installation-project General: · Property Information Map (Cupertino): h&ps://map.gridics.com/us/ca/cupertino · More City Maps: h&ps://www.cupertino.org/online-services/open-government-data/city-maps · FEMA maps: h&ps://msc.fema.gov/portal/advanceSearch 884 CC 02-04-2025 884 of 985 Page 1 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix F CUPERTINO PHOTOVOLTAIC SYSTEMS DESIGN AND INSTALLATION PROJECT APPENDIX F PRICE PROPOSAL FORM Directions: Complete and execute a Price Proposal Form as indicated and attach as Part B to the Proposal. The proposed Contract Price for the Services (as those terms are defined in Article 1 of the General Conditions of the Design-Build Contract Documents), must be fully inclusive of all costs, direct and indirect, including, but not limited to, labor, materials, equipment, overhead, permits, licenses, insurance, bonds, taxes, profit, etc. A. Price Proposal: Provide the proposed Contract Price to design and build the Project with no reduction in the minimum requirements, including performance criteria, set forth in the RFP and Bridging Documents. If the Proposer has suggestions for efficiencies, value engineering organizational improvements that have cost benefits, etc., please attach separate sheet[s] to describe and price the proposals. B. Proposer Commitment. If selected by the City, the Proposer agrees to provide the Design Services and Construction Services for the Project for the total Contract Price set forth below, as witnessed by the signature(s) below. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents. (Include a notarized affidavit attesting to the authenticity of each signature. If DBE is a partnership or joint venture, all general partners or members must sign the Price Proposal form.) Item SITE Design Services Construction Services General Conditions1 Total2 1 Blackberry Farm Recreation and Pool facility 2 Quinlan Community Center 3 Cupertino Sports Center 4 Community Hall 5 Cupertino Library Totals Notes: 1. Attach separate sheet showing breakdown of "general conditions" costs. 2. Attach separate sheet with any proposals for itemized cost savings. 885 CC 02-04-2025 885 of 985 Page 2 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix F PROPOSER/DESIGN-BUILD ENTITY (Legal Name of Proposer/DBE) Signature: Date: Name & Title: Signature: Date: Name & Title: 886 CC 02-04-2025 886 of 985 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix G CUPERTINO PHOTOVOLTAIC SYSTEMS DESIGN AND INSTALLATION PROJECT APPENDIX G NON-COLLUSION DECLARATION TO BE EXECUTED BY PROPOSER AND SUBMITTED WITH PROPOSAL The undersigned declares: I am the [title] of [business name], the party making the foregoing Proposal. The Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Proposal is genuine and not collusive or sham. Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Proposal. The Proposer has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Proposal, or to refrain from submitting a Proposal. The Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Price Proposal of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the Price Proposal, or of that of any other Proposer. All statements contained in the Proposal are true. The Proposer has not, directly or indirectly, submitted his or her Price Proposal or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham Proposal, and has not paid and will not pay, any person or entity for such purpose. This declaration is intended to comply with California Public Contract Code § 7106. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [date] [City] [State] Signature [print name] • END OF NON-COLLUSION DECLARATION • 887 CC 02-04-2025 887 of 985 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 1 CUPERTINO PHOTOVOLTAIC SYSTEMS DESIGN AND INSTALLATION PROJECT APPENDIX H DBE Questionnaire Part A: General Information DBE Business Name: _______________________________________________ (“DBE”) Check One: ___ Corporation (State of incorporation: ___________________) ___ Partnership ___ Sole Proprietorship ___ Joint Venture of: _________________________________ ___ Other: __________________________________________ Main Office Address and Phone Local Office Address and Phone Website Address Contact Name and Title Contact Phone and Email Bidder’s California Contractor’s License Number(s) Bidder’s DIR Registration Number Part B: DBE Experience 1 How many years has each of the entities of the DBE been in business under the present business name? (in years) 2 Has the GC entity completed projects similar in type and size to this Project as a general contractor? (yes or no) 888 CC 02-04-2025 888 of 985 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 2 3 Has the DBE completed projects similar in type and size to this Project as this DBE? (yes or no) 4 Has DBE or any of its team ever been disqualified from a bid on grounds that it is not responsible, or otherwise disqualified or debarred from bidding under state or federal law? (yes or no) If yes, provide additional information on a separate sheet regarding the disqualification or debarment, including the name and address of the agency or owner of the project, the type and size of the project, the reasons that DBE was disqualified or debarred, and the month and year in which the disqualification or debarment occurred. 4 Has DBE or any of its team ever been terminated for cause, alleged default, or legal violation from a construction project, either as a general contractor or as a subcontractor? (yes or no) If yes, provide additional information on a separate sheet regarding the termination, including the name and address of the agency or owner of the subject project, the type and size of the project, whether Bidder was under contract as a general contractor or a subcontractor, the reasons that DBE was terminated, and the month and year in which the termination occurred. 5 Provide information about Bidder’s past projects performed as general contractor as follows: a. Three most recently completed public works projects within the last three years b. Three largest completed projects within the last three years c. Any project which is similar to this Project including scope and character of the work. 889 CC 02-04-2025 889 of 985 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 3 Part C: Project Experience Provide information on at least three projects that are similar in scope and character to this project. Two of the projects must be public sector projects. (Use separate sheets if required) PROJECT #1 A Project name B Project location C Project description: D Client/Owner (name, address, email, and phone number E Prime contractor, if applicable (name, address, email, and phone number F Architect or engineer (name, email, and phone number G Project and/or construction manager (name, email, and phone number H Scope of work performed (as general contractor or as subcontractor I Initial contract price $ J Final contract price (including change orders); $ K Original scheduled completion date L Actual date of completion M Time extensions granted (number of days) N Number and amount of stop notices or mechanic’s liens filed O Amount of any liquidated damages assessed against Bidder P Nature and resolution of any project- related claim, lawsuit, mediation, or arbitration involving Bidder Q Other Notes 890 CC 02-04-2025 890 of 985 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 4 PROJECT #2 A Project name B Project location C Project description: D Client/Owner (name, address, email, and phone number E Prime contractor, if applicable (name, address, email, and phone number F Architect or engineer (name, email, and phone number G Project and/or construction manager (name, email, and phone number H Scope of work performed (as general contractor or as subcontractor I Initial contract price $ J Final contract price (including change orders); $ K Original scheduled completion date L Actual date of completion M Time extensions granted (number of days) N Number and amount of stop notices or mechanic’s liens filed O Amount of any liquidated damages assessed against Bidder P Nature and resolution of any project- related claim, lawsuit, mediation, or arbitration involving Bidder Q Other Notes 891 CC 02-04-2025 891 of 985 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 5 PROJECT #3 A Project name B Project location C Project description: D Client/Owner (name, address, email, and phone number E Prime contractor, if applicable (name, address, email, and phone number F Architect or engineer (name, email, and phone number G Project and/or construction manager (name, email, and phone number H Scope of work performed (as general contractor or as subcontractor I Initial contract price $ J Final contract price (including change orders); $ K Original scheduled completion date L Actual date of completion M Time extensions granted (number of days) N Number and amount of stop notices or mechanic’s liens filed O Amount of any liquidated damages assessed against Bidder P Nature and resolution of any project- related claim, lawsuit, mediation, or arbitration involving Bidder Q Other Notes 892 CC 02-04-2025 892 of 985 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 6 Part D: Safety 1. Provide DBE’s Experience Modification Rate (EMR) for the last three years: Year EMR 2. 2. Complete the following, based on information provided in DBE’s CalOSHA Form 300 or Form 300A, Annual Summary of Work-Related Illnesses and Injuries, from the most recent past calendar year: 2.1 Number of lost workday cases 2.2 Number of medical treatment cases 2.3 Number of deaths 3. Has the DBE ever been cited, fined, or prosecuted by any local, state, or federal agency, including OSHA, CalOSHA, or EPA, for violation of any law, regulation, or requirements pertaining to health and safety? Yes or No? If yes, provide additional information on a separate sheet regarding each such citation, fine, or prosecution, including the name and address of the agency or owner of the project, the type and size of the project, the reasons for and nature of the citation, fine, or prosecution, and the month and year in which the incident giving rise to the citation, fine, or prosecution occurred. 4. Name, title, and email for person responsible for DBE’s safety program: 893 CC 02-04-2025 893 of 985 City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 7 Part E: Verification In signing this document, I, the undersigned, declare that I am duly authorized to sign and submit this DBE Questionnaire on behalf of the named DBE, and that all responses and information set forth in this DBE Questionnaire and accompanying attachments are, to the best of my knowledge, true, accurate and complete as of the date of submission. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Signature: ______________________________ Date: ________________ By: _______________________________________________________________ Name and Title END OF BIDDER’S QUESTIONNAIRE 894 CC 02-04-2025 894 of 985 CUPERTINO PHOTOVOLTAIC SYSTEMS DESIGN AND INSTALLATION PROJECT APPENDIX I RFP RATING SHEET Sect. Criteria (from Section 8 of the RFP) Max. Points Reviewer’s Notes Rating 1 Price 50 2 Schedule 30 3 Technical Design Expertise 15 4 Construction and Procurement Expertise 25 5 Proposed Design Approach 20 6 Proposed Procurement Approach 10 7 Proposed Construction Approach 15 8 Life-Cycle Costs Over 30 or More Years 5 9 Presentation 25 10 Responsiveness 5 Total 200 For Reference: a list of the required Proposal Contents: A. Cover Le6er B. Price Proposal Form C. Schedule D. Technical Design Expertise E. Construction and Procurement Expertise F. Design Approach G. Procurement Approach H. Construction Approach I. Life-Cycle Costs J. DBE Questionnaire K. Non-Collusion Declaration L. Exceptions 895 CC 02-04-2025 895 of 985 RFP ADDENDA 896 CC 02-04-2025 896 of 985 ADDENDUM NO. 1 Issued: December 4, 2024 Photovoltaics Systems Design and Installation Project RFP Submittals dues December 19, 2pm PST TO ALL PROSPECTIVE FIRMS: This addendum is issued to modify and/or clarify the previously issued RFP documents. You must indicate receipt of this addendum within the Proposal of your submittal. Failure to do so may cause rejection of your submittal. QUESTIONS/CLARIFICATIONS The following questions have been received by the City. The City response is below each question. 1. Files: There have been some issues accessing the folders for the RFP materials and the RFP reference files. To improve access, the folders to a new location: PV RFP 2024: https://cupertinogov- my.sharepoint.com/:f:/g/personal/susanm_cupertino_org/Etg1U4jCEvFBk4bcEo0GacYB naWxRr190Wck-Q6sztshVg?e=fdhLrw There are two folders within: a. “PV project RFP_for DBEs” - The RFP itself and all the attachments. b. “RFP - Existing Facility Docs_Reference” - drawings (etc) that we have on file for each facility. **If proposers cannot access these files, please let the RFP administrator know. 2. Presentations. Once we receive your proposals, we typically have each firm give a presentation. The RFP says January 3, but we’re revising that to January 6 to give everyone a chance to return from the holiday vacation. Please hold 1-5pm on Monday, January 6, in your calendars for your presentations. 897 CC 02-04-2025 897 of 985 3. Site Visits. The Thursday 12/05 meeting is virtual/online and is meant to be a Q&A session for the most part (invite resent with tentative agenda). The City staff (CIP and PW Facilities) will be available for a site walk on Thursday December 12 at 10am, and will last approximately 2hours. Please meet in front of Community Hall (10350 Torre Avenue, Cupertino 95014). We will visit three project sites. 4. Scope revision. At the December 3 City Council meeting, Council approved proceeding with the implementation of the photovoltaic systems at three sites (not five): · Community Hall · Cupertino Sports Center · Quinlan Community Center Your proposals (scope and fee) should only include the three sites listed above. Cupertino Library and Blackberry Farm sites’ scope is now deleted from the project and should not be included in the proposal. The official minutes will not be published until after the next Council meeting, but the draft minutes are copied below, for your reference: MOTION: Fruen moved and Chao seconded the recommended action to approve the Capital Improvement Programs Photovoltaic Systems Design and Installation Project conceptual design for three City of Cupertino facilities: Community Hall, Cupertino Sports Center, and Quinlan Community Center. Moore made a friendly amendment that any trees that are removed will be replaced by a 24” box size tree which is climate appropriate or California native, and those trees would be placed within City properties. (Fruen and Chao accepted the friendly amendment). The amended motion carried with the following vote: Ayes: Mohan, Fruen, Chao, and Moore. Noes: None. Abstain: None. Absent: Wei. APPROVED BY: Chad Mosley Director of Public Works 898 CC 02-04-2025 898 of 985 ADDENDUM NO. 2 Issued: December 18, 2024 Photovoltaics Systems Design and Installation Project RFP Submittals due December 27, 10am PST TO ALL PROSPECTIVE FIRMS: This addendum is issued to modify and/or clarify the previously issued RFP documents. You must indicate receipt of this addendum within the Proposal of your submittal. Failure to do so may cause rejection of your submittal. QUESTIONS/CLARIFICATIONS The following questions have been received by the City. The City response is below each question. Questions/Answers 1 – 4 were included in Addendum #1. 5. Q: Who will be responsible for removing the saplings on the north side of the parking lot at Quinlan? A: The younger trees on the north edge of the Quinlan back parking lot (see images below, approximately 14 trees) were planted by PW staff a couple of years ago. They went in as 24” box trees. The scope of work should include the removal (or relocation) of these trees, and the replacement of these trees by a matching number of 24” box trees. Species of the replacements will be “climate appropriate or California native” (following the City Council directive) but also adherent to the City standards for tree species in an ‘understory’ location. The City’s Street Tree List is under review but will be issued in the Spring of 2025. That list will be a helpful directive for species specifications. Cupertino Municipal Code (CMC) 14.18.150 has a list of Protected trees that require a tree removal permit. 899 CC 02-04-2025 899 of 985 6. Q: For trees that will be removed is there a specification as to the depth of stump grinding required? A: The City does not have a specification for this, but for this project we are asking that the stump to be removed to a depth of 24” or remove the entire stump. 7. Q: Does the City have a preferred roofer or any roof warranties? A: The roofs at all three locations are no longer under warranty. The project scope of work will directly affect the roofs at Quinlan Community Center (terracotta clay tile roofing) and Community Hall (standing seam metal roofing). The two roofers PW has used in the recent past are listed below. [These vendors may not be optimum for the types of roofs at these locations.] Dan Lajeunesse Sr. Field Advisor / Bay Area Market Lead Tremco Roofing & Building Maintenance M. 408.910.2083 dlajeunesse@tremcoinc.com San Jose, CA www.tremcoroofing.com DONE RIGHT, INC. 1129 Longfellow Avenue Campbell, CA 95008 PH. (408) 377-8777 FAX (408) 377-5502 8. Q: The proposed system size for the Sports Complex is larger than what can be supported by the existing transformer. Has there been communication with PG&E to upgrade the transformer? Who would be responsible to coordinate with PG&E for the transformer upgrade? A: The successful DBE will be responsible for coordinating all services required with PG&E. As part of the PG&E interconnection process, the Utility does an initial review of the proposed 900 CC 02-04-2025 900 of 985 array in context of the existing utility service. The outcome of that review was an assertion that mitigation is not required. The single line diagram (SLD) from the existing drawings (see snippet below and link at the end of this answer) indicate a transformer smaller than 277/480v. However, the transformer shown below appears to be a City-owned transformer downstream of the incoming utility feed utilized to supply lower-voltage loads on site. Photos from visiting the site during the conceptual design phase show the site service to be 277/480V. This transformer is shown at 480V on the primary side, which is compatible with a 277/480V service. 901 CC 02-04-2025 901 of 985 902 CC 02-04-2025 902 of 985 The PDF file “Sports Center Tennis Court Lighting 2009 lores” was added to the Sports Center folder of the Reference drawings: https://cupertinogov- my.sharepoint.com/my?id=%2Fpersonal%2Fsusanm%5Fcupertino%5Forg%2FDocuments%2FPV%20 RFP%202024&sortField=Modified&isAscending=false&ga=1 or PV RFP 2024 9. Q: The “Buy American” specification is something that increases cost and lead time. Is the funding for this project attached to Buy American? Will alternative materials be considered? If an alternative is presented how many points will be deducted from Item 6 of the evaluation factors? Q: What flexibility will be offered regarding domestic content? This could impact the overall schedule. A: Successful participation in the “Buy American” program will allow for a 10% increase on the rebate possible from the Inflation Reduction Act direct pay program, which may amount to as much as ~$500,000. The City finds that rebate quite attractive. However, other means and methods may positively affect the project costs to the City. An overall expertise and comprehensive approach to the procurement, especially in light of the schedule requirements, is quite important. The points for “Proposed Procurement Approach” within the Evaluation Factors (as noted in the RFP) are not as prescriptive as implied here, and the City is most interested in a DBE who exhibits expertise and schedule-awareness in the procurement process and details proposed within it. 10. Q: With our site walk taking place on 12-12-2024 and proposals being due one week later on 12- 19-2024. We would request the bid date be extended to 12-27-2024. Some site conditions require additional considerations. A: We are revising the schedule, including the due date and presentations. The Schedule from Section 4 of the RFP is included below and the revised dates are in red text. ACTIVITY DATE and TIME RFP distributed to shortlisted DBEs Thursday, November 14 2024 Informational Meeting Thursday, December 5, 2024, 11AM PST Site Visit – Community Hall, Sports Center, Quinlan Community Center Thursday, December 12, 2024, 10AM PST Deadline for RFP questions/objections Thursday, December 19, 2024, 2PM PST Proposal Submittal Deadline Friday, December 27, 2024, 10AM PST Preliminary Review of Proposals by Evaluation Panel January 2 – January 8, 2025 Private Presentation of Responsive Proposals Thursday, January 9, 2025 903 CC 02-04-2025 903 of 985 Private Discussions and/or Negotiations (City option) January 10-21, 2025 City Council award of Design-Build Contract February 4, 2025 Notice of Intent to Award issued ~January 23, 2025 Notice to Proceed with Design Services (anticipated) February 5, 2025 The following project phases will be scheduled/anticipated by the DBE and should be included in the proposal. Design Development (DD) and Construction Documents (CD) Phases for each site: · DD drawings and specifications · CD drawings and specifications · Permit Applications, Reviews and Issuance [DBE] Notice to Proceed with Construction Services for each site [DBE] Construction Mobilization including submittals for each site [DBE] Construction (durations and milestones for each site) [DBE] Final Completion April 1, 2026 11. Q: Syserco had prior knowledge, time and engineering to develop this project. Does this create an advantage to their score from the rating score 3-7? A: Syserco did develop the conceptual design as indicated in the Bridging documents. The City does not see this as an advantage in the RFP evaluation process. 12. Q: The current sample contract has areas we may take some exception to. Will we be able to negotiate mutually agreeable terms and modify the sample contract prior to award? A: The standard terms and conditions of the City’s contracts are not typically negotiated. Other terms and conditions may be reviewed with City staff and our City Attorney’s Office. APPROVED BY: Susan Michael CIP Manager, Public Works _____________ 904 CC 02-04-2025 904 of 985 ADDENDUM NO. 3 Issued: December 24, 2024 Photovoltaics Systems Design and Installation Project RFP Submittals due December 27, 10am PST TO ALL PROSPECTIVE FIRMS: This addendum is issued to modify and/or clarify the previously issued RFP documents. You must indicate receipt of this addendum within the Proposal of your submittal. Failure to do so may cause rejection of your submittal. QUESTIONS/CLARIFICATIONS The following questions have been received by the City. The City response is below each question. Questions/Answers 1 – 4 were included in Addendum #1. Questions 5 - 12 were included in Addendum #2. Additional information is provided on #11 and #12 in this addendum. 11. Q: Syserco had prior knowledge, time and engineering to develop this project. Does this create an advantage to their score from the rating score 3-7? A: (12/18/24 response) Syserco did develop the conceptual design as indicated in the Bridging documents. The City does not see this as an advantage in the RFP evaluation process. A: (12/24/24 additional information): Please know that Syserco was purposefully not involved in developing the RFP, and their work on the bridging documents was limited to align with allowances in State law. Also, any information they have provided is made available to all potential DBE’s in accordance with State law. 12. Q: The current sample contract has areas we may take some exception to. Will we be able to negotiate mutually agreeable terms and modify the sample contract prior to award? A: (12/18/24 response) The standard terms and conditions of the City’s contracts are not typically negotiated. Other terms and conditions may be reviewed with City staff and our City Attorney’s Office. A: (12/24/24 additional information): we state in Section 9 that we will “provide the Selected DBE with a completed copy of the Design-Build Contract based on the Selected DBE’s Proposal and any subsequently negotiated terms or additional information…” In Section 2, C. we state, “The City will not consider requests to modify the form of the Design-Build Contract, General Conditions, or bond forms.” 905 CC 02-04-2025 905 of 985 It is important to clarify that any questions on the forms or contract negotiated terms are only applicable as it relates to the project approach for any vendor, and not the contract form itself. 13. Q: Is there any particular format, or content that your team would like to see presented during the interview? We are wondering if there are any guidelines you’d like us to follow? Or, should we not prepare a presentation and just be prepared for Q&A? A: For the presentation/interviews/discussions on January 9th, please be prepared with a short presentation to introduce your team and outline the highlights of your proposal. We will follow that with a discussion on, and questions pertaining to, your proposal. 14. Q: The price proposal form is requesting 2 signatures with a notarized affidavit. This may be a challenge with the holiday. We will have an officer’s signature on the price proposal but may not have 2 officers and the notarized affidavit. Will it be acceptable to provide these documents at a later date? A: The notarized affidavit should be emailed by 2pm on Tuesday January 7th. APPROVED BY: Susan Michael CIP Manager, Public Works _____________ 906 CC 02-04-2025 906 of 985 CITY OF CUPERTINO Agenda Item 25-13671 Agenda Date: 2/4/2025 Agenda #: 11. Subject:Study Session for the use of Committed Future Use Reserve one-time funds (Continued from the January 22, 2025 City Council meeting) Provide staff direction on the future allocation of how the City should allocate one-time funds from the future use reserve CITY OF CUPERTINO Printed on 1/28/2025Page 1 of 1 powered by Legistar™907 CC 02-04-2025 907 of 985 CITY COUNCIL STAFF REPORT Meeting: January 22, 2025 Subject Study Session for the use of Committed Future Use Reserve one-time funds. Recommended Action Provide staff direction on the future allocation of how the City should allocate one-time funds from the future use reserve. Reasons for Recommendation Background At the November 19, 2024, City Council meeting, staff proposed three different options for allocating $74.5 million in one-time funds resulting from the uncommitting of the Sales Tax Repayment Reserve. A copy of this staff report is included as Attachment A. City Council approved an alternative approach, allocating $10.0 million to a one-time Additional Discretionary Payment to CalPERS to address the City’s Unfunded Accrued Liability retirement costs and establishing the Committed Future Use Reserve for the remaining $64.5 million. Additionally, Council directed staff to conduct a study session in January 2025 to explore potential uses for the remaining one-time funds. Detailed reductions implemented in the FY 2023-24 and FY 2024-25 Adopted Budgets are included in the staff report as Attachments B and C. Next Steps Following the study session, staff will incorporate Council’s direction into the FY 2024-25 Mid-Year Financial Report and/or the FY 2025-26 Proposed Budget. Sustainability Impact No sustainability impact. Fiscal Impact There are no fiscal impacts as part of this study session. 908 CC 02-04-2025 908 of 985 City Work Program (CWP) Item: No. CWP Item Description: Not applicable. Council Goal: Public Engagement and Transparency Sustainability and Fiscal Strategy Environmental Quality Act Not applicable. _____________________________________ Prepared by: Toni Oasay-Anderson, Senior Management Analyst Reviewed by: Kristina Alfaro, Director of Administrative Services Reviewed by: Tina Kapoor, Deputy City Manager Approved for Submission by: Pamela Wu, City Manager Attachments: A – November 19, 2024 Staff Report and Allocation Plan B – FY 2023-24 Budget Reductions C – FY 2024-25 Service Level Reductions 909 CC 02-04-2025 909 of 985 CITY COUNCIL STAFF REPORT Meeting: November 19, 2024 Subject Allocation plan for funds uncommitted from the Sales Tax Repayment reserve Recommended Action Option A: A. Adopt Option A Option B: A. Adopt Option B B. Adopt Resolution No. 24-XXX approving budget modification No. 2425-366, increasing appropriations by $11,688,705 C. Adopt Resolution No. 24-XXX amending the Unrepresented Employees’ Compensation Program D. Approve new three-year limited term Grants Analyst position for grants management E. Approve new Assistant Director of Administrative Services, Grants Analyst, Senior Business Systems Analyst and Supervising Code Enforcement classifications Option C: A. Adopt Option C B. Adopt Resolution No. 24-XXX approving budget modification No. 2425-366, increasing appropriations by $11,688,705 C. Adopt Resolution No. 24-XXX amending the Unrepresented Employees’ Compensation Program D. Approve new three-year limited term Grants Analyst position for grants management E. Approve new Assistant Director of Administrative Services, Grants Analyst, Senior Business Systems Analyst and Supervising Code Enforcement classifications Reasons for Recommendation City staff evaluated feedback received from the October 15 Council meeting, reviewed budget surveys collected during the last two fiscal years of budget reductions and received 910 CC 02-04-2025 910 of 985 department feedback to develop a preliminary plan to mitigate the impact of budget cuts implemented in the Fiscal Year 2023-24 and 2024-25 budgets. The preliminary plan outlines guiding principles that were considered before presenting for Council consideration and areas of focus to ensure the recommended allocation options include variable funding for the community, staff, and capital investments for the City. Background On October 4, 2024, the City finalized a settlement agreement with the California Department of Tax and Fee Administration (CDTFA) resolving the CDTFA’s proposed reallocation of disputed sales tax received by the City. On October 15, 2024, the Council approved staff recommendation to uncommit $74.5 million in funds set aside for the potential repayment of disputed sales tax previously received by the City. The purpose of this proposed allocation plan is to provide Council options for the potential one-time allocation of the $74.5 million that is now unassigned (Attachment A). As explained in detail in the allocation plans, the options presented by staff attempt to balance the City’s need for long-term investment and the desire to restore certain reductions with the need for long-term fiscal prudence, given the reduction in future sales and use tax revenues that the City will experience. The options include potential funding for infrastructure projects, restoring reduced services, and setting some funding aside. The need for additional classifications results in no new positions except the limited-term Grants Analyst. The request for one three-year limited term Grants Analyst position to assist with grant applications, tracking and reporting along with purchasing support may be funded via donation, but if not is anticipated to be cost recovery via grants obtained. The need for staffing changes is due to reductions made either being too deep to continue the work already allocated, or because of how duties and responsibilities have been redistributed due to contract and staffing reductions. All options presented are summarized in the table below. Additional details are included in the Allocation Plan (Attachment A). Allocation Plan Capital Fund Reserve Allocations for current use General Fund Reserves Option A Option B Option C Next Steps Based on the direction that Council provides, staff will make all changes in the financial system and updates on the funds will be provided as part of the mid-year financial report. 911 CC 02-04-2025 911 of 985 Sustainability Impact No Sustainability Impact. Fiscal Impact Should City Council approve an option that includes current allocations as listed in Attachment E, appropriations would increase by $11,688,705. Funding for these increased expenses will come from unassigned fund balance that, with the recommended funding additions, is estimated to end Fiscal Year 2024-25 with $154.3 million. Should Council approve an option with no current year allocations, estimated year-end fund balance will remain unchanged from the first quarter report and is estimated at $166 million in the general fund. City Work Program (CWP) Item: No CWP Item Description: Not Applicable. Council Goal: Sustainability and Fiscal Strategy California Environmental Quality Act: Not Applicable. Prepared by: Jonathan Orozco, Finance Manager Reviewed by: Kristina Alfaro, Director of Administrative Services Christopher Jensen, City Attorney Approved for Submission by: Tina Kapoor, Acting City Manager Attachments: A – One-time Funds Allocation Plan Fiscal Year 2024-25 B - Committed, Unassigned Fund Balance, and Use of One Time Funds Policy Options A and B (Redline) C - Option A Committed, Unassigned Fund Balance, and Use of One Time Funds Policy (Clean) D – Option B Committed, Unassigned Fund Balance, and Use of One Time Funds Policy (Clean) E – Detailed allocation plan for current use F – Budget Resolution G – Assistant Director of Administrative Services Position Description H – Grants Management Analyst Position Description I – Code Enforcement Supervisor Position Description J – Senior Business Systems Analyst Position Description 912 CC 02-04-2025 912 of 985 K – Unrepresented Employees’ Compensation Program (Redline) L – Draft Resolution Amending the Unrepresented Employees’ Compensation Program M – Unfunded CIP List 913 CC 02-04-2025 913 of 985 Attachment A One-time Funds Allocation Plan Fiscal Year 2024-25 Background Due to a favorable negotiated settlement, the Council has uncommitted $74.5 million dollars in one-time funds. The options outlined in this plan are intended to provide the Council with recommendations for how these dollars can be allocated. In creating the three different potential options for allocating these dollars, staff developed Areas of Focus and Guiding Principles that have influenced the allocation plan options discussed in this report. Staff also reviewed prior budget surveys to assess areas that the community wanted to scale back on or retain, and lastly reviewed service level reductions and unmet needs to develop potential use of these dollars in the current fiscal year. Areas of Focus Staff reviewed reductions made to date and the following focus areas were identified to ensure the recommended allocation options included variable funding for the community, staff, and City infrastructure: I. Restoring Community Benefits – Prioritizes adding back any community benefits that had been reduced where practical, and where ongoing funding is minimal to not increase the structural deficit. II. Restoring Reduced Services – Prioritizes restoring reduced services where practical, and where ongoing funding is minimal to not increase the structural deficit. III. Investing in Employees – Prioritizes funding for training and development, reclassifications where necessary to align with new duties and responsibilities because of budget reductions and, new positions where practical and where ongoing funding is minimal to not increase the structural deficit. IV. Enhancements – This includes any new funding requests that are not a restored budget reduction. Guiding Principles I. One-time funds should be allocated for one -time expenses that result in ongoing savings and/or efficiencies.1 1 Examples of this include funding for pavement and retiree health unfunded actuarial liability made when the City received one-time funds related to the sale of Pruneridge Ave. These decisions paid off during our most recent budget reductions when the city could significantly reduce spending on pavement with minimal impacts and was able to use the funding in the retirement health fund to cover two years of costs. Both of these significantly assisted in balancing the budget. 914 CC 02-04-2025 914 of 985 II. One-time funds should be allocated for one-time expenses, even if that allocation doesn’t result in ongoing savings and/or efficiencies. III. Funds should be held for future use when immediate needs are not present. IV. Limited use of funds on ongoing expenses to limit increasing the structural deficit. Allocation Plan Options Staff has developed three options for Council consideration for the allocation of or reserving the funds. The highlights of each plan are summarized in the table below: Allocation Plan Capital Fund Reserve Allocations for current use General Fund Reserves Option A Option B Option C OPTION A – No allocation recommendations; funds are to be held in a new committed reserve. Under this option, the City Council would create a “Reserve for Future Use,” committing funds for future needs to be determined by the City Council. This reserve would be drawn down as the funds are expended and would not be replenished, as these are one-time funds resulting from the uncommitted sales tax repayment reserve. As outlined on page 167 of the Fiscal Year 2024-25 Final Budget, committed reserves “include amounts that can be spent only for specific purposes determined by formal action of the City’s highest decision-making authority, the City Council. Commitments may be changed or lifted only by the City taking the same formal action (resolution) that imposed the constraint originally.” The City currently faces operational needs, such as aging infrastructure, that—if left unaddressed—could lead to additional operational costs not currently included in the forecast. However, holding these funds as a reserve for future needs carries certain financial limitations due to inflation. The following tables provide a 10-year historical comparison of inflation against annualized returns from the 1-5 Year Treasury and Agency Index benchmark (provided by Chandler Asset Management) and the Local Agency Investment Fund (LAIF). The inflation rate is based on data from the U.S. Bureau of Labor Statistics, Consumer Price Index for All Urban Consumers: All Items in San Francisco-Oakland-Hayward, CA. Below are two charts comparing the effects of inflation on investing uncommitted funds against two benchmarks for investment vehicles currently utilized by the City. As shown in the first chart, which compares inflation to long-term investments, the purchasing power of the $74.5 million reserve would decline by approximately $10 million over 10 years if interest is reinvested. This decline is even steeper, over $20 million, if the interest is instead used to support operations. The 915 CC 02-04-2025 915 of 985 second chart presents a similar comparison with LAIF returns, where the purchasing power of the $74.5 million reserve decreases by around $13 million if interest is reinvested over 10 years and by more than $20 million if the interest supports operations. 916 CC 02-04-2025 916 of 985 This analysis demonstrates that inflation continues to outpace investment returns, making this holding strategy unsustainable over the long term. The California Government Code imposes restrictions on the types and durations of investments allowed, which limits potential returns and underscores the priority of safety and liquidity over yield. Given these constraints, this option may not provide the necessary growth to preserve the reserve’s purchasing power for future needs. OPTION B – Allocates funds for spending, allocates funds in a committed reserve in the General Fund, and any remaining funds are transferred to the Capital Reserve. This option provides a balanced approach to how these funds might be used. Allocating funds for aging infrastructure, departmental needs and leveraging one-time dollars to provide ongoing savings and or efficiencies. This option also sets aside funding to cover the structural deficits in the 10-year forecast. Allocations for Future Use: Area of Focus Guiding Principal Description Allocation One-time Allocation Ongoing Enhancement Hold funds for future use Transfer to the Capital Reserve. Public works staff will return at a future date with a spending plan for $31,811,295 $0 917 CC 02-04-2025 917 of 985 these dollars. It is anticipated that based on the list of projects presented and subsequently adopted additional staffing may be necessary to support an increase in the CIP projects. See attachment M for unfunded CIP list. Enhancement Hold funds for future use Create a committed reserve in the General Fund for estimated deficits in the 10-year forecast. Funds are estimated for use beginning in FY 2028-29 through FY 2033-34. Should alternate revenue sources and or additional reduced spending be identified to produce a balanced budget in all years of the forecast, staff would return to Council to uncommit these funds. $31,000,000 $0 Total Allocations for Future Use $62,811,295 $0 Allocations for Current Use, see Attachment E for more detail: Area of Focus Guiding Principal Description Allocation One-Time Allocation Ongoing Restoring of Community Benefits N/A All but one community benefit item was not reduced $0 $0 Restoring Reduced Service N/A Staff is still determining the workability of increasing any reduced service and will return later with a proposal if needed. $0 $0 Investing in Employees One-time funds with ongoing Invest $10 million towards CalPERS $10,769,166 $175,500 918 CC 02-04-2025 918 of 985 Area of Focus Guiding Principal Description Allocation One-Time Allocation Ongoing savings or efficiencies, and limit ongoing expenses unfunded actuarial liability payment (following section for more detail.) Purchase of a new Enterprise Resource Planning Software (Finance/HR) and increases to training funding citywide to 50% of what was originally reduced (ongoing). Enhancements One-time funds with ongoing savings or efficiencies Staffing study $66,000 $0 One-time funds Purchase of goods, studies, software and enhance physical safety controls at City Hall. $500,000 Limit ongoing expenses New limited term Grants analyst and new classifications $0 $178,039 Total all allocations for immediate use $11,335,166 $353,539 CalPERS One-Time Allocation to Unfunded Actuarial Liability (UAL) UAL is defined by CalPERS as “the amortized dollar amount needed to fund past service credit earned (or accrued) for members who are currently receiving benefits, active members, and for members entitled to deferred benefits, as of the valuation date.” To address this liability, the City is considering a one-time Additional Discretionary Payment (ADP) of $10 million. If implemented, this ADP is projected to decrease the City’s cash outflows over the next 10 years by approximately $13 million, resulting in net savings of $3 million. The estimated impact on retirement payments is illustrated in the chart below. 919 CC 02-04-2025 919 of 985 In addition to cash flow savings, this one-time payment would immediately improve the funded status of the City’s retirement plan, raising it from 67% to 75% in the first year. Although the funded status improvement narrows over the 10-year forecast, the ADP maintains a higher funded status than without the payment, as shown in the table below. Note: Projections in the charts are provided by CalPERS’ Managing Employer Contributions Tool. - 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 CalPERS Projected Annual UAL Payments Annual UAL Payment (Original)Annual UAL Payment (w/ ADP) 60.0% 65.0% 70.0% 75.0% 80.0% 85.0% 90.0% 95.0% CalPERS Projected Funding Status Funded Status Funded Status (w/ ADP) 920 CC 02-04-2025 920 of 985 OPTION C – Allocates funds for all current year budget requests and transfers all remaining funds to Capital Reserve for future use. This transfer would bring the Capital Reserve total to an estimated $65.7 million. This option leaves no funds from the sales tax payment reserve in the unassigned category. All funds after funding requests are met would be moved to the Capital Reserve Fund. This option transfers all funds to the Capital Reserve for future spending and allocates no funds to a reserve or unassigned account to fund potential structural deficits in the out years, leaving the city vulnerable to future budget reductions. Description Allocation One-Time Allocation Ongoing Fund all allocations in the Allocations for Current Use table above (green). $11,335,166 $353,539 Transfer remaining balance to Capital Reserve to fund future Capital Improvement Plan (CIP) projects. $62,811,295 - Total Reserve Recommendations $74,146,461 $353,539 GRAND TOTAL OPTION C $74,146,461 $353,539 In conclusion, three options are presented for Council consideration. With council direction, staff will bring updates on the funds based on council direction as part of the FY 2024-25 Mid- Year Financial Report. 921 CC 02-04-2025 921 of 985 922 CC 02-04-2025 922 of 985 923 CC 02-04-2025 923 of 985 924 CC 02-04-2025 924 of 985 925 CC 02-04-2025 925 of 985 926 CC 02-04-2025 926 of 985 CITY OF CUPERTINO Agenda Item 25-13621 Agenda Date: 2/4/2025 Agenda #: 12. Subject: Study session on revisions to the Cupertino City Council Procedures Manual Consider revisions to the Cupertino City Council Procedures Manual CITY OF CUPERTINO Printed on 1/28/2025Page 1 of 1 powered by Legistar™927 CC 02-04-2025 927 of 985  CITY COUNCIL STAFF REPORT Meeting: February 4, 2025 Subject Study session on revisions to the Cupertino City Council Procedures Manual Recommended Action Consider revisions to the Cupertino City Council Procedures Manual Reasons for Recommendation On February 7, 2023, the City Council adopted Resolution No. 23-021, approving the Cupertino City Council Procedures Manual (Attachment A). The adoption of the Procedures Manual addressed an identified deficiency in the City’s governance policies. The Manual includes rules and guidelines for communication, meeting management, decorum, and decision making. The Procedures Manual was subsequently amended in March 2024 (Resolution No. 24-024). The City Council may periodically consider revisions to the City Council Procedures Manual. Among the revisions the City Council may consider are: x Enhancements to the enforcement procedures in Section 10 of the Manual, to add more detail regarding the disciplinary process for violations of the law or City policy. x Revisions to Section 6 (Relationship with City Staff). x Revisions to the agenda-setting process (Section 7). x Expansion of Municipal Code requirements for posting written communications on non-agenda items. x Revisions to the process for removing items from the consent calendar (Section 8.4.2). x Revisions to the rules for Council deliberations (Section 8.8.3). x Clarification of the processes for meetings that occur after a Monday holiday. x Formalization of the information memorandum process used to provide off- agenda updates to the City Council. x Other minor changes to reflect current practices, including the incorporation of recent changes to the staff report format adopted by the City Manager’s Office and clarification of the requirements for Councilmember reports. 928 CC 02-04-2025 928 of 985 The purpose of this study session is to receive direction from the City Council on the issues listed above as well as any other changes to the Procedures Manual Council wishes to consider. The City Attorney’s Office will return to Council with proposed updates to the Procedures Manual based on the direction provided by the City Council. Sustainability Impact No sustainability impact. Fiscal Impact No fiscal impact. City Work Program (CWP) Item: N/A CWP Item Description: N/A Council Goal: Public Engagement & Transparency California Environmental Quality Act Not applicable. _____________________________________ Prepared by: Reviewed by: Approved for Submission by: Christopher D. Jensen, City Attorney Tina Kapoor, Deputy City Manager Pamela Wu, City Manager Attachments: A - Resolution No. 24-024 (Cupertino City Council Procedures Manual) 929 CC 02-04-2025 929 of 985 RESOLUTION NO. 24-024 A RESOLUTION OF THE CUPERTINO CITY COUNCIL ADOPTING CUPERTINO CITY COUNCIL PROCEDURES MANUAL WHEREAS, on February 7, 2023, the Cupertino City Council adopted Resolution No. 23-021, adopting the Cupertino City Council Procedures Manual; and WHEREAS, on March 5, 2024, the City Council considered revisions to the City Council Procedures Manual, and directed the City Attorney to prepare amendments to the Procedures Manual for Council consideration, said amendments which were presented to the City Council on March 19, 2024. NOW, THEREFORE, BE IT RESOLVED that: 1.The City Council hereby adopts the Cupertino City Council Procedures Manual, as amended, attached hereto as Exhibit A. 2.Resolution No. 23-021 and any other procedures, policies, or rules that are inconsistent with the Council Procedures adopted herein are hereby repealed and rescinded. 3.This Resolution shall take effect on March 20, 2024. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of March, 2024, by the following vote: Members of the City Council AYES: Mohan, Fruen, Wei NOES: Chao, Moore ABSENT: None ABSTAIN: None 930 CC 02-04-2025 930 of 985 Resolution No. 24-024 Page 2 SIGNED: Sheila Mohan, Mayor City of Cupertino Date ATTEST: Kirsten Squarcia, City Clerk Date 3/27/2024 3/27/2024 931 CC 02-04-2025 931 of 985 1 City of Cupertino City Council Procedures Manual Attachments: Ex. A – Elected Officials’ Compensation Program Ex. B – Council Technology Policy Ex. C – Resolution No. 07-103 Ex. D – Municipal Code Chapter 2.17 Effective Date: March 20, 2024 Responsible Departments: City Manager’s Office Related Policies & Notes: See Exhibits A–D. 1.Introduction 1.1 Purpose.The purpose of this Manual is to promote communication, understanding,fairness,and trust among the members of the City Council,City staff,and members of the public concerning their roles, responsibilities,and expectations for management of the business of the City of Cupertino. 1.2 Values.Courtesy and respect for individual points of view should be practiced at all times.All Councilmembers shall respect each others right to disagree.All Councilmembers shall act with decorum and courtesy. 1. 3 Brown Act.All actions of the City Council and City commissions,committees, and subcommittees shall comply with the Ralph M.Brown Act. 2. Selection of the Mayor and Vice Mayor 2. 1 Selection of Mayor and Vice Mayor.The Mayor and Vice Mayor shall be selected annually at a special meeting on the second Thursday of December. The Mayor and Vice Mayor shall not serve consecutive terms; provided,however,this provision shall not prevent the Vice Mayor from succeeding to the office of Mayor.2. 2 Removal of Mayor and Vice Mayor.The Mayor or Vice Mayor may be removed from office,for cause,by a 4/5ths affirmative vote of the members. Removal for cause shall mean removal of a Councilmember because of such members a)willful and continued failure 932 CC 02-04-2025 932 of 985 2 substantially to perform their duties, (b) conviction for, or guilty plea to, a felony, or a crime involving moral turpitude, (c) abuse of illegal drugs or other controlled substances or habitual intoxication, or (d) other illegal activities. The removal should proceed with a formal warning, which states with proven evidence of the member's failure to perform their duties and proposed corrective measures. The Mayor or Vice Mayor must be advised of the proposed cause for removal at least 72 hours before any action is taken. If the Mayor is removed from office, the Vice Mayor shall become Mayor. If either officer is removed from office, the Vice Mayor 3. Councilmember Committees and Subcommittees 3.1 Appointment. The Mayor shall appoint Councilmembers to standing and ad hoc committees and subcommittees established by the City Council, subject to ratification by the Council at its next regular meeting. It will be the responsibility of the committees and subcommittees to inform and submit recommendations to the Council. 3.2 Instructions and Expectations. The Council shall make certain that all Council committees and subcommittees are properly instructed in their assigned scope of work and responsibilities. The committee's or subcommittee's jurisdiction shall be defined in writing and approved by a majority of the City Council. All Council committees and subcommittees having a continuing or indefinite jurisdiction shall be subject to the Brown Act. 3.3 Reporting. Council committee and subcommittee members are to keep the Council informed of the work and progress of their committee or subcommittee. These reports or minutes shall be made in writing whenever a recommendation is made to the Council. 4 Other City Commissions and Committees 4.1 Responsibility. The Council will make appointments to City's commissions and committees. Qualifications to serve on commissions and committees shall be set forth in the Municipal Code or by a resolution or motion of the Council that is not inconsistent with the Municipal Code. Appointment of Councilmembers to City committees shall be governed by the procedures in Section 3. 933 CC 02-04-2025 933 of 985 3 4.2 Attendance at Council Meetings. The Chair or another commission member appointed by the Chair shall attend City Council meetings whenever the commission makes a recommendation to Council regarding an item of business on the Council agenda. The commission liaison shall promptly notify the Chair after an item requiring a commissioner’s appearance is placed on a future City Council agenda. 4.3 Performance Expectations. The Council shall make certain that all commissions and committees are properly instructed on their responsibilities and performance expectations. This will include the issuance of a Council- approved Commission and Committee Handbook and a mandatory annual training session for all Commission and Committee members. 4.4 Appointment. Commission and Committee applicants will be interviewed by the Council before being voted on by the Council in a noticed public meeting. Applicants are considered by motion and appointed by a majority vote of Council. Two members of an immediate family or persons residing in the same household shall not be allowed to serve simultaneously on the same commission or committee. Immediate family members residing in the same household as a Councilmember are not eligible for appointment to any commission or committee. Former Councilmembers are not eligible for appointment to any commission or committee within four years of having served on the City Council. 4.5 Removal. The City Clerk shall remove commission members for failure to comply with attendance policies adopted in the Commissioner's Handbook. Council retains full discretion to review commission and committee member performance and may take disciplinary action as needed, including removal from the commission or committee. 4.6 Undue Influence on Commissioners. Councilmembers should not attempt to influence or publicly criticize commission recommendations or to influence or lobby individual commission members on any item under their consideration. It is important for commissions to be able to make objective recommendations to the City Council on items before them. Councilmembers that attempt to influence commission positions on an item may prejudice or hinder their role in reviewing the commission's recommendation as a member of the City Council. Individual Councilmembers shall have the right to attend meetings of 934 CC 02-04-2025 934 of 985 4 Cupertino commissions and other Cupertino governmental bodies but shall refrain from speaking or becoming involved in deliberations. 5.Administrative Matters 5.1 Attendance. City Councilmembers acknowledge that attendance at lawful meetings of the City Council is part of their official duty. Councilmembers shall make a good faith effort to attend all such meetings. Council members shall notify the Mayor or the City Clerk if they will be absent from a meeting. Council attendance will be noted in the agenda of the next regular meeting and thereafter for that calendar year, if five or more regular meetings are missed. 5.2 Correspondence. Proposed correspondence from the Mayor or other Councilmembers on City stationery should generally be reviewed by the Council in draft form prior to release. On occasion, there are urgent requests from the League of California Cities for correspondence concerning legislation directly affecting municipalities. If the Mayor and the City Manager agree that the League's position corresponds with that of the Council, the Mayor may send a letter without first obtaining Council approval. City letterhead will be made available for routine correspondence (e.g., thank you notes). Official correspondence (including email) from Councilmembers should be respectful and professional. 5.3 Regional Bodies. The Mayor shall appoint Councilmembers to represent the City of Cupertino on regional bodies subject to ratification by the Council at its next regular meeting. The Mayor should endeavor to provide all Councilmembers a fair opportunity to represent the City. The positions taken by the appointed representatives should be in alignment with the positions that Council has taken on issues that directly impact the City of Cupertino. If an issue arises that is specific to Cupertino and Council has not taken a position, the issue should be discussed by Council prior to taking a formal position at a regional board meeting to assure that it is in alignment with Council's position. Council representatives to such various boards shall keep the Council informed of ongoing business through brief oral or written reports to the Council. Councilmembers shall make a good faith effort to attend all regional meetings that require a quorum of the appointed members to convene a meeting. Attendance should not be less than 75% of all scheduled meetings. If a Councilmember is unable to attend, they 935 CC 02-04-2025 935 of 985 5 should notify their alternate as far in advance of the meeting as possible so as to allow the alternate to attend. 5.4 Responses to Public. It will be the responsibility of the City Manager to ensure a response is provided to public correspondence for informational requests addressed to the Council. Staff shall respond to all requests for services as appropriate, and the City Manager shall keep Council informed of the City response. 5.5 Reimbursement. City Councilmembers may be reimbursed for expenses for travel to and lodging at conferences or meetings related to their role as a Councilmember as stated in the Elected Officials' Compensation Program, as may be amended from time to time (Exhibit A). Any additional expenses that fall outside the scope of this policy may be reimbursed only if approved by the City Council, at a public meeting before the expenses are incurred. Any request for reimbursement of expenses shall be accompanied by an expense form and receipts to document the expenditure. These documents are public records subject to disclosure under the California Public Records Act. Councilmembers shall be eligible to receive City-issued hardware and software for the conduct of official business pursuant to the Council Technology Policy (Exhibit B). 5.6 Council Training. Any member of the City Council and City commissions or advisory committees formed by the City Council shall receive ethics and anti- harassment training required by state law. New members must receive the training within their first year of service and shall comply with ongoing training requirements imposed by state law. Members shall attend training sessions that are offered locally in the immediate vicinity of Santa Clara County, by completing online a state- approved public service ethics education program, or through a state - approved training which may be provided at a conference attended by the member. The City Clerk shall keep ethics training records for five years. 5.7 Mayor's Initiative Budget. The Mayor may use the Mayor's initiative budget established as part of the City Manager's discretionary fund for projects that the Mayor deems appropriate during the Mayor's term of office, subject to the requirements of Resolution No. 07-103 (Exhibit C). The amount of the Mayor's initiative budget is determined by the City Council. 936 CC 02-04-2025 936 of 985 6 6.Relationship with City Staff 6.1 Incorporation of Municipal Code by Reference. Cupertino Municipal Code Chapter 2.17 (Exhibit D) governs the City Council's relationship with the City Manager and their staff under the Council-Manager form of government. To the extent that the provisions of Chapter 2.17 are not set below, they are incorporated by reference into this Manual. 6.2 Council/Manager Form of Government. Under the Council/Manager form of government, the City Council sets policy direction as the direct representatives of the community with the City Manager providing the professional expertise to manage the organization and carry out the Council's direction. The City Manager is responsible for carrying out the Council's policy direction through the day-to-day management of City functions, including the oversight of City operating departments. Neither individual Councilmembers nor the Council as a whole shall interfere with the City Manager's performance of the administrative duties conferred upon them in Cupertino Municipal Code section 2.28.040. 6.3 Council-Manager Relations. The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any Councilmember shall give orders to any subordinates of the City Manager. The City Manager shall take instructions from the City Council only when given at a duly held meeting of the City Council, and no individual Councilmember shall give any instructions to the City Manager. 6.4 Individual Councilmember Influence on Staff Decisions Prohibited. Individual Councilmembers shall not attempt to influence staff decisions, recommendations, workloads, and schedules, and department priorities without prior knowledge and approval of the City Council. If a Councilmember wishes to influence the actions, decisions, recommendations, workloads, work schedules and priorities of staff, that member must prevail upon the City Council to do so as a matter of Council policy. 6.5 Decorum. All Councilmembers and City staff shall treat each other with dignity, courtesy, and respect. In exercising the City Council's policymaking authority, Councilmembers must often critique, modify, or reject a staff recommendation. While thorough vetting and criticism 937 CC 02-04-2025 937 of 985 7 of staff policy recommendations or decisions is a necessary component of Council's policymaking role, criticism should focus on the policy recommendations and decisions and should avoid personal attacks. Councilmembers shall refrain from publicly criticizing the general abilities, character, or motivations of any staff member and should share any such concerns privately with the City Manager or City Attorney. 6.6 Councilmember Access to Information. City Councilmembers have free access to the flow of any information related to the operation of the City. The City Manager shall ensure that such information is communicated by staff in full and with candor to the Council. City staff will make every effort to respond in a timely and professional manner to all requests made by individual council members for information or assistance, provided that, in the judgment of the City Manager, the request is not of a magnitude either in terms of workload or policy, which would require that it more appropriately be assigned to staff through the collective direction of the City Council, based on the guidelines set forth in Cupertino Municipal Code section 2.17.043. The City Manager shall place requests that impose a significant workload on staff on the Council agenda for review by the full Council, along with a statement from that Councilmember as to why the information is needed. No Councilmember shall circumvent the City Manager's direction regarding a request for information by seeking information through a Public Records Act request. 6.7 Authority of City Council. Nothing in this Manual shall limit the City Council's power to accept, reject, amend, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, department priorities, and the conduct of city business through the office of the City Manager. This power cannot be delegated to individual Councilmembers, nor to committees composed of Councilmembers consisting of less than a quorum of the City Council. 7.Agendas and Staff Reports 7.1 Future Agenda Items. The City Manager, the City Attorney, the Mayor, or any two Councilmembers may request that an item be added to a future agenda for Council action. The City Manager shall provide a quarterly report to Council regarding the status of future agenda items, which may include a request to remove items from the list of future 938 CC 02-04-2025 938 of 985 8 agenda items. Any item may be removed for the future agenda items list by a majority vote of the City Council. 7.2 Preparation of Agenda. The City Clerk shall prepare the agenda in consultation with the City Manager, the Mayor, and the City Attorney. Absent exigent circumstances, an item will be scheduled for Council action no sooner than 14 days after receipt of a request to add the item to the future agenda items list. Any item requiring preparation of a staff report requires City Manager approval or, in case of a report prepared by City Attorney's Office staff, City Attorney approval, before being added to an agenda. The Mayor, in consultation with the City Manager and the City Clerk, shall determine the order of items on the agenda. 7.3 Agenda Item Descriptions. Each agenda item shall include a brief general description of the matter to be discussed (approximately 20 words in length), including any action that may be taken under the California Environmental Quality Act, and should generally include the recommendation of the City Manager. 7.4 Staff Reports. Staff reports should include the following sections: 1.Subject 2.Recommended Action 2.Reasons for Recommendation 3.Sustainability Impact 4.Fiscal Impact 5.California Environmental Quality Act 7.5 Agenda Publication. Agenda packets for a regular meeting should be published and delivered to Councilmembers no later than the Wednesday prior to a Tuesday Council meeting. Councilmembers are encouraged to contact staff in advance for answers to questions regarding an agenda packet. Written communications addressed to Council shall be forwarded to Council and made available to members of the public, consistent with the requirements of the Brown Act. 7.6 Supplemental Materials. Supplemental reports and materials received by the City Clerk after the agenda is published but before 12:00 p.m. on the Monday prior to the City Council meeting shall be published and delivered to Councilmembers at 5:00 p.m. on Monday. Supplemental reports and materials received by the City Clerk after 12:00 p.m. on Monday but before 4:00 p.m. on the day of the meeting shall be 939 CC 02-04-2025 939 of 985 9 published and delivered to Councilmembers prior to the Council meeting. Council questions and staff-prepared responses will be included in supplemental materials provided to Council and the public. 8.Meeting Procedures 8.1 Meeting Schedule. The City Council conducts its regular meetings on the first and third Tuesdays of the month, except when Council is in recess. At the second regular meeting in January, the City Council will approve the schedule of meetings for the calendar year, which in addition to the regular meeting schedule may include the cancellation of regular meetings and the addition of special meetings and study sessions. This practice does not, however, preclude the Mayor or a majority of the members of the City Council from calling additional meetings pursuant to the Brown Act. 8.2 Rules of Order. City Council meetings shall be governed by Rosenberg's Rules of Order except as otherwise provided by this Manual. Unless otherwise required by state law or City ordinance, decisions of the Council shall be made by a majority of members present and voting. The Mayor may impose additional reasonable procedural rules not inconsistent with Rosenberg's Rules of Order and the provisions of this Manual, unless objected to by a majority of Councilmembers present. 8.3 Order of Business. The order of agenda items for regular Council meetings is as follows: 1.Call to Order 2.Pledge of Allegiance 3.Roll Call 4.Closed Session Report 5.Ceremonial Items 6.Postponements and Orders of the Day 7.Oral Communications (public comment on non-agenda matters) 8.Consent Calendar 9.Public Hearings 10.Action Calendar 11.Items Removed from the Consent Calendar 12.City Manager Report 13.Oral Communications (continued) 14.Councilmember Reports 15.Future Agenda Items 940 CC 02-04-2025 940 of 985 10 16.Adjournment Oral communications shall be limited to 30 minutes. Additional speakers wishing to comment on non-agenda items may be given time to speak at the end of the agenda, after the City Manager's report. Councilmember Reports should focus on Council committee assignments and ceremonial appearances. In the absence of an objection made by a majority of Councilmembers present and voting, the Mayor may modify the order of business to facilitate the fair and efficient conduct of Council meetings. 8.4 Consent Calendar. 8.4.1 Adding Item to Consent Calendar. The Mayor, the City Manager, the City Attorney, or the City Clerk may recommend that items appearing on the agenda be placed on the consent calendar for action by the City Council. All items placed on the consent calendar shall appear together on the agenda with the recommendation as to the action to be taken by the City Council with respect to such item. Upon the motion of any member of the City Council, all items placed upon the consent calendar may be acted upon together, and each shall be deemed to have received the action recommended. 8.4.2 Removing Item from Consent Calendar. Items may be removed from the consent calendar only by a member of the City Council. Any member of the City Council who would like to remove any item from the consent calendar shall notify the City Manager and the City Clerk no later than 12:00 p.m. on the day of the City Council meeting. A request to remove a consent calendar item shall be made in writing and shall state the reason for removing the item from the consent calendar. Items may be removed from the consent calendar after 12:00 p.m. on the day of the City Council meeting only by a majority vote of the Council. Items removed from the consent calendar shall be placed on the agenda for consideration after the action calendar. 8.5 Public Comment. An opportunity for public comment shall be provided for the consent calendar, each other agenda item under consideration, and, during regular meetings, on any matter that is within the subject matter jurisdiction of the City Council. The Mayor may consolidate public comment for related agenda items, subject to overruling by a 941 CC 02-04-2025 941 of 985 11 majority vote of the Council. Non- agenda matters (including Council and staff reports) may be addressed by the public during oral communications. Members of the public wishing to speak regarding an item shall submit a request to comment to the Clerk ("blue card") or, where applicable, raise their hand in Zoom within nine minutes of the time the Mayor opens public comment or prior to the close of public comment on the item, whichever is earlier. Each individual speaker will ordinarily have up to three minutes to address the Council. If a speaker representing five or more members of the public in attendance and wishing to comment on the item but electing not to speak, the speaker may have up to 10 minutes to address the Council. Consolidation of time among speakers is not otherwise allowed. If a large number of speakers wish to address Council on an item, the Mayor may reduce the time allotted to each speaker consistent with the Brown Act. Twice the speaking time will be provided to any member of the public who uses a translator. 8.6 Communications with Members of the Public. The City Council may ask questions of speakers providing public comment but should avoid an extended discussion with members of the public during meetings. Additionally, when a member of the public provides comments regarding a matter that is not on the agenda, Councilmembers may (1) refer the speaker to staff; (2) refer the speaker to appropriate reference material; (3) request that staff report back at a future meeting; or (4) request that staff place the item on a future agenda. Councilmembers should not otherwise respond to or comment on an item of business that is not on the agenda. City staff should generally avoid responding to comments or questions from members of the public during Council meetings, although the City Manager or City Attorney may offer to arrange a time to discuss the subject matter of public comments with members of the public subsequent to the Council meeting. 8.7 Conduct of Meetings 8.7.1 Councilmembers. Members of the City Council value and recognize the importance of the trust invested in them by the public to accomplish the business of the City. Councilmembers shall accord courtesy to each other, to City employees, and to members of the public appearing before the City Council. 942 CC 02-04-2025 942 of 985 12 8.7.2 City Employees. City staff shall observe the same rules of decorum applicable to the City Council. City staff shall act at all times in a businesslike and professional manner towards Councilmembers and members of the public. 8.7.3 Members of the Public. Members of the public attending City Council meetings are encouraged to treat Councilmembers, City staff, and other members of the public with the same courtesy that Councilmembers and City staff must accord to them. Any members of the public who engages in conduct that disrupts a City Council meeting shall be removed from the meeting. Nothing in this Manual or any rules of conduct that may be adopted by the City Council shall be construed to prohibit public criticism of the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council, City advisory bodies, or City staff. 8.8 Discussion and Deliberation 8.8.1 Ex Parte Contacts. Councilmembers shall disclose any ex parte communications prior to deliberation on a quasi-judicial matter. A quasi- judicial matter is typically a hearing in which the City Council hears evidence and makes findings of fact to reach a conclusion based on the applicable law. An ex parte communication occurs when a Councilmember hearing a quasi- judicial matter communicates directly or indirectly with any person or party in connection with a matter before the Council, without notice and the opportunity for all parties to participate. 8.8.2 Relevance. All discussion must be relevant to the issue before the City Council. A Councilmember is given the floor only for the purpose of discussing the pending matter; discussion which departs from the item agendized for discussion is out of order. Councilmembers should avoid repetition and shall not discuss matters that are not on the agenda. Arguments for or against a measure should be stated as concisely as possible. 8.8.3 Council Questions and Deliberations. Councilmembers may obtain the floor by seeking recognition from the Mayor. Following presentations to Council on an agenda item, Councilmembers shall each be given five minutes to ask questions of any presenter. The Mayor may allow additional 943 CC 02-04-2025 943 of 985 13 time for questions where appropriate. Following public comment, the Mayor may request that a motion be made and seconded. After the motion has been stated to the Council and seconded, any member of the Council has a right to discuss the motion after obtaining the floor. A member who has been recognized shall limit their time to five minutes, but may reserve any portion of their time for further questions or deliberations, as applicable, by advising the Mayor before yielding the floor. The Mayor may allow additional time for deliberations where appropriate. This rule shall displace any conflicting rule in the City's adopted rules of procedure. 8.8.4 Opportunity for Equal Participation. It is the policy of the Council to encourage the full, fair participation of all members of the Council in discussions and deliberations. The Mayor may impose reasonable limits on the time any Councilmember is permitted to speak to advance this policy. In addition, all Councilmembers wishing to be recognized should be given an opportunity to speak before any member is allowed to speak a second time. 8.8.5 Civility. While it is appropriate to vigorously debate a motion, its nature, or its consequences, Councilmembers shall avoid attacks on the motives, character, or personality of other Councilmembers, City staff, and members of the public. The Mayor shall rule out of order any Councilmember who engages in such attacks. 8.8.6 Role of the Mayor. The Mayor has the responsibility for controlling and expediting the discussion of an agenda item. It is the duty of the Mayor to keep the subject clearly before the Councilmembers, to rule out irrelevant discussion, and to ensure civil discussion among Councilmembers. 8.9 Meeting Length. Meetings of the City Council shall adjourn by 11:00 p.m. unless the time of adjournment is extended by a vote of a majority of the City Council. Discussion of an agenda item shall not begin after 10:30 p.m. Any motion to extend the meeting beyond 11:00 p.m. shall include a list of specific agenda items to be discussed or approved and shall specify the order these items shall be considered. If a meeting continues past 11:00 p.m., it shall end at 11:30 p.m. All meetings shall be adjourned at 11:30 p.m. unless by a vote of a majority of the City Council suspends this rule and Council votes affirmatively to extend 944 CC 02-04-2025 944 of 985 15 reserved to the Council by law. This authority extends throughout the period of recess established by the City Council and includes the authority to execute agreements and make expenditures necessary for the exigent operational matters. The City Manager shall make a full and complete report to the City Council at its first regularly scheduled meeting following the period of recess of actions taken by the City Manager pursuant to this section, at which time the City Council may make such findings as may be required to ratify the actions of the City Manager. Nothing in this Section prevents the City Council from calling a special meeting during the recess period. 9.Closed Sessions A closed session may be held at any regular or special meeting for any purpose authorized by the Brown Act. The City Attorney will schedule closed session meetings in consultation with the Mayor and the City Manager. Public comment shall be received in open session prior to a closed session. To ensure strict compliance with the Brown Act, the City Attorney or the City Attorney's designee shall report out in public session any reportable action taken during closed session and any other information from closed session authorized to be disclosed based on a majority vote of the City Council. 10.Enforcement of Rules; Suspension of Rules The City Council may enforce repeated or serious violations of the rules set forth in this Manual through a censure action placed on a Council agenda. Nothing in this Manual shall be cited to invalidate a properly noticed and acted upon action of the City Council. Any rule set forth in this Manual may be suspended by a three votes of the Council. 945 CC 02-04-2025 945 of 985 EXHIBIT A 946 CC 02-04-2025 946 of 985 1 EXHIBIT A City of Cupertino ELECTED OFFICIALS’ COMPENSATION PROGRAM Policy No. 1 PROGRAM PURPOSE AND DEFINITIONS FOR ELIGIBILITY It is City of Cupertino policy that those certain persons holding positions hereinafter defined and designated as elected official positions shall be eligible for participation under the Elected Officials Compensation Program as hereby adopted by action of the City Council and as same may be amended or as otherwise modified from time to time. Eligibility for inclusion with this Compensation program is limited to persons holding positions as elected officials. These are designated by the voters and may be modified as circumstances warrant. The position in the following classification has been designated as elected official. ELECTED OFFICIAL CLASSIFICATIONS: Classification Title City Council Member Adopted by Action of the City Council, July 2013 947 CC 02-04-2025 947 of 985 2 City of Cupertino ELECTED OFFICIALS COMPENSATION PROGRAM Policy No. 2 SALARY SCHEDULE As rates of pay are set forth under the Cupertino Municipal Code 2.16.020, and hereby adopted by action of the City Council, so are those rates of pay included herein as a part of this Compensation program. The inclusion herein of said rates and schedules does not affect any effective dates or otherwise reflect on the approval processes required but is shown as an integral part of this Program for completeness of record. Adopted by Action of the City Council July, 2013, October 2016 948 CC 02-04-2025 948 of 985 3 City of Cupertino ELECTED OFFICIALS COMPENSATION PROGRAM Policy No. 3 TRAINING AND CONFERENCES I. POLICY It is City of Cupertino policy that members of the City Council and the Council’s commissions and committees, shall be reimbursed or receive a direct advance according to the schedules, terms and conditions as set forth herein for the expenses authorized below. This policy is established in accordance with California Government Code Sections 53232.2 and 53232.3. III. AUTHORIZED EXPENSES The City Council and their commission and committee members can receive reimbursements or advances toward actual and necessary expenses incurred by participating in the following activities or events: 1. Communicating with representatives of regional, state and national government on City adopted policy positions; 2. Attending seminars, conferences, and training to improve skill and information levels; 3. Participating in regional, state and national organizations whose activities affect the City’s interests (such as the League of California Cities); 4. Attending International Conferences, budget limited to $2,500 per fiscal year, provided there is a benefit to the City; 5. Attending City events; 1. Attending functions of other local civic or community organizations where there is a clear nexus between the event and the member’s attendance as an official representative of the City. Purely social events, service club dues and meals, and political or charitable contributions or events would be excluded. For purposes of this section, reimbursable fundraisers and events include, but are not limited to, Cupertino Union School District, Fremont Union High School District, Foothill De Anza Community College District, Silicon Valley Leadership Group, Cupertino American Cancer Society (ACS) Relay for Life and Cupertino Chamber of Commerce activities. 949 CC 02-04-2025 949 of 985 4 The City will not reimburse or advance payment toward expenses including, but not limited to: 1. The personal portion of any trip; 2. Family expenses, including those of a partner when accompanying Council or commission member on City related business, as well as child or pet related expenses. 3. Entertainment expenses, including theatre, shows, movies, sporting events, golf, spa treatments, etc. 4. Meals and entertainment paid on behalf of third parties outside of the City; 5. Gifts of any kind for any purpose; 6. Alcoholic beverages; 7. Non mileage personal automobile expenses including repairs, insurance, gasoline, traffic citations; and 8. Personal losses incurred while on City business. IV. BUDGETARY LIMITATIONS Reimbursement or advancement of expenses shall not exceed budgetary limitations. Changes in appropriations will be done through the budget process. V. REIMBURSEMENT AND ADVANCE SCHEDULE A. Intent This schedule is written with the intent that the City Councilmember, commissioner, or committee member will make every effort to find the lowest possible cost to the City for traveling on City business. For example, if paying for parking at the airport is less expensive than paying for a taxi or airport shuttle, then officials should drive their car and park at the airport; or if renting a car is lower than taking taxis at the out of town location, then a car should be rented. Air reservations should be booked in advance to obtain discounted fares. The following procedures apply whether the expense is being paid through a reimbursement or a direct advance. 950 CC 02-04-2025 950 of 985 5 B. Local Area The local area is defined to be within Santa Clara and San Mateo Counties and within a 40 mile distance from Cupertino when traveling to Alameda County. C. Registration The City will pay the registration fee for authorized attendance at a convention, conference, seminar or meeting. D. Transportation The City will pay transportation costs on the basis of the lowest cost intent stated in paragraph A. Eligible transportation costs include airfare (with coach fare being the maximum), van or taxi service to and from the attendee’s home and airport, destination or airport parking charges, taxi and shuttle services at the out of town location, trains, tolls, or rental cars. Use of a personal automobile for City business shall be reimbursed or advanced at the rate per mile in effect for such use, except in no case shall it exceed air coach fare if the vehicle is being used for getting to the destination. Government or group rates offered by a provider of transportation must be used when available. E. Lodging Hotel or lodging expenses of the City official resulting from the authorized event or activity defined in this policy will be reimbursed or advanced if the lodging and event occur outside the local area. Not covered will be lodging expenses related to person(s) who are accompanying the City member, but who themselves are not on City business. In this instance, for example, the difference between single and multiple occupancy rates for a room will not be reimbursed. Where the lodging is in connection with a conference or other organized educational activity, City paid lodging costs shall not exceed the maximum group rate published by the conference or activity sponsor, providing that lodging at the group rate is available at the time of booking. If the group rate at the conference hotel is not available, then the non conference lodging policy described in the next paragraph should be followed to find another comparable hotel. Where lodging is necessary for an activity that is not related to a conference or other organized educational activity, reimbursement or advances shall be limited to the actual cost of the room at a group or government rate. In the event that a group or government 951 CC 02-04-2025 951 of 985 6 rate is not available, lodging rates that do not exceed the median price for lodging for that area and time period listed on travel websites like www.hotels.com, www.expedia.com or an equivalent service shall be eligible for reimbursement or advancement. F. Meals 1. No Conference The actual cost of a meal can be claimed, within a standard of reasonableness, but receipts must be kept and submitted for the expense incurred. 2. As Part of a Conference When City officials are attending a conference or other organized educational activity, they shall be reimbursed or advanced for meals not provided by the activity, on an actual cost basis. The actual cost rate shall follow the rules described in the meals with no conference paragraph. G. Other Expenses Payments toward or reimbursement of other expenses related to authorized activities or events shall be limited to the actual costs consistent with the application of reasonable standards. Receipts must be kept and submitted for all expenses. VI. DIRECT CASH ADVANCE POLICY From time to time, it may be necessary for a City official to request a direct cash advance to cover anticipated expenses while traveling or doing business on the City’s behalf. Such request for an advance should be submitted to the City Manager or Department Head no less than seven days prior to the need for the advance with the following information: 1) Purpose of the expenditure; 2) The anticipated amount of the expenditure (for example, hotel rates, meal costs, and transportation expenses); and 3) The dates of the expenditure. An accounting of expenses and return of any unused advance must be reported to the City within 30 calendar days of the official’s return on the expense report described in Section VII. 952 CC 02-04-2025 952 of 985 7 VII. EXPENSE REPORT REQUIREMENTS All expense reimbursement requests or final accounting of advances received must be approved by the City Manager or Department Head, on forms determined by the Finance Department, within 30 calendar days of an expense incurred, accompanied by a business purpose for all expenditures and a receipt for each item other than mileage. The report will be a public record subject to disclosure under the Public Records Act. VIII. REPORTS TO CITY COUNCIL OR COMMISSIONS At the next regular City Council or commission meeting, each councilmember or commissioner shall briefly report on publicly noticed meetings attended at City expense. If multiple members attended the meeting, a joint report may be made. IX. POLICY VIOLATIONS Violations of this policy including falsifying expense reports may result in any or all of the following: (1) loss of reimbursement privileges, (2) demand for restitution to the City, 3) civil penalties of up to $1,000 per day and three times the value of the resources used, and 4) prosecution for misuse of public resources. Revised 7/83, 7/85, 7/87, 7/88, 7/91, 7/92, 12/ 07, 7/10 953 CC 02-04-2025 953 of 985 8 City of Cupertino ELECTED OFFICIALS’ COMPENSATION PROGRAM Policy No. 4 MILEAGE REIMBURSEMENTS It is City of Cupertino policy that eligible persons under this Compensation Program shall be compensated fairly for the use of personal automotive vehicles on City business. Those persons who occasionally are required to use their personal automobiles for City business shall be reimbursed for such use at the established IRS rates. Submission of reimbursement requests must be approved by the City Manager. Adopted by Action of the City Council July, 2013 954 CC 02-04-2025 954 of 985 9 City of Cupertino ELECTED OFFICIALS’ COMPENSATION PROGRAM Policy No. 5 ASSOCIATION MEMBERSHIPS AND PROFESSIONAL PUBLICATIONS It is City of Cupertino policy that eligible persons under this Compensation Program shall be entitled to City sponsored association memberships as well as receiving subscriptions to professional and technical publications. Such sponsorship, however, shall be conditioned upon the several factors as set forth below. Each association for which membership is claimed must be directly related to the field of endeavor of the person to be benefited. Each claim for City sponsored membership shall be submitted with their concurrence to the City Manager for approval. Subscriptions to or purchase of professional and technical publications may be provided at City expense when such have been authorized by the City Manager providing the subject matter and material generally contained therein are related to municipal governmental operations. Adopted by Action of the City Council July, 2013 955 CC 02-04-2025 955 of 985 10 City of Cupertino ELECTED OFFICIALS’ COMPENSATION PROGRAM Policy No. 7 HEALTH BENEFITS PLAN CITY CONTRIBUTION It is the policy of the City of Cupertino to provide group hospital and medical insurance under which the elected official positions and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees and their families through comprehensive health plans available only through employer sponsorship. Although the premium cost for the insurance provided remains the ultimate responsibility of the employee in these positions, the City shall contribute the amounts listed below towards the premium or pay the full cost of the premium if less than the stated amounts. If the premium amounts for any employee covered by this policy are less than the amounts listed below per month, the difference between the premium amount and the stated amounts will be retained by the City. Effective January 1, 2020 City Max Health Contribution City Max *Dental Contribution City Total Max Contribution Employee 848.87 126.78 975.65 Employee +1 1,443.09 126.78 1,569.87 Employee +2 1,876.01 126.78 2,002.79 January 1, 2021 City Max Health Contribution City Max *Dental Contribution City Total Max Contribution Employee 891.32 126.78 1,018.10 Employee +1 1,515.24 126.78 1,642.02 Employee +2 1,969.81 126.78 2,096.59 January 1, 2022 City Max Health Contribution City Max *Dental Contribution City Total Max Contribution Employee 935.88 126.78 1,062.66 Employee +1 1,591.01 126.78 1,717.79 Employee +2 2,068.31 126.78 2,195.09 956 CC 02-04-2025 956 of 985 11 Dental Coverage: Effective the first month after Council adoption of MOU, dental coverage is capped at $2,500.00 per dependent per annual plan year for the term of this contract. Adopted by Action of the City Council July, 2013, October 2016, July 2019, December 2019, January, 2023 957 CC 02-04-2025 957 of 985 12 City of Cupertino ELECTED OFFICIALS’ COMPENSATION PROGRAM Policy No. 9 LIFE INSURANCE It is the policy of the City of Cupertino to provide life insurance benefits to the elected officials to a maximum of $16,000. The elected officials may enroll in the life insurance program offered if eligible under the contract provisions of the policy and the personnel rules of the City. The full cost of premiums for these programs shall be paid by the City for such individuals. Adopted by Action of the City Council July, 2013 958 CC 02-04-2025 958 of 985 13 City of Cupertino ELECTED OFFICIALS COMPENSATION PROGRAM Policy No. 10 DEFERRED COMPENSATION It is the policy of the City of Cupertino to provide equitable current compensation and reasonable retirement security for the elected officials for services performed for the City. The City participates in the California Public Employees’ Retirement System (PERS) and deferred compensation plans have been established. Both the elected official and City may make contributions from current earnings to these plans. The purpose of this policy is to promote means by which compensation may be provided in such manner and form to best meet the requirements of the City and the needs of the elected officials. . The City shall maintain and administer means by which the elected officials in these positions may defer portions of their current earnings for future utilization. Usage of such plans shall be subject to such agreements, rules and procedures as are necessary to properly administer each plan. Individual contributions to such plans may be made in such amounts as felt proper and necessary to the elected official. The City contributions shall be as determined by the City Council. Adopted by Action of the City Council July, 2013 959 CC 02-04-2025 959 of 985 14 City of Cupertino ELECTED OFFICIALS COMPENSATION PROGRAM Policy No. 11 PUBLIC EMPLOYEES’ RETIREMENT SYSTEM CONTRIBUTION A. Council Members occupying office on or before December 29, 2012 Only: For Council Members occupying office on or before December 29, 2012, the City has contracted with CalPERS for a 2.7% @55 retirement formula. Effective in the first full pay period in July 2017, each employee shall pay the full 8.0% of applicable salary of the employee’s contribution towards CalPERS. B. Council Members occupying office on December 30, 2012 or December 31, 2012 or a current CalPERS employee who qualifies as a classic member under CalPERS Regulations Only. For Council Members hired on December 30, 2012 or December 31, 2012 or a current CalPERS employee who qualifies as a classic member under CalPERS Regulations only the City has contracted with CalPERS for a 2.0% @ 60 retirement formula, three year average compensation Effective January 1, 2017, the City shall not pay the employee’s contribution rate to the California Public Employees Retirement System (CalPERS) and each employee shall pay the full 7% of applicable salary of the employee’s contribution towards CalPERS. C. For Council members occupying office on of after January 1, 2013, or former CalPERS employees that do not qualify as Classic employees hired by the City of Cupertino on or after January 1, 2013 For Council Members occupying office on or after January 1, 2013 CalPERS has by statute implemented a 2% @ 62 formula, three year average and employees in this category shall pay 50% of the normal cost rate as determined by CalPERS. Adopted by Action of the City Council July, 2013, October 2016, July 2019 960 CC 02-04-2025 960 of 985 15 City of Cupertino ELECTED OFFICIALS’ COMPENSATION PROGRAM Policy No. 12 DENTAL INSURANCE CITY CONTRIBUTION It is the policy of the City of Cupertino to provide dental insurance under which the elected official positions and their dependents may be covered. The premium cost for the insurance provided by the City shall not exceed $126.78* per month per individual. Enrollment in the plan or plans made available pursuant to this policy shall be in accordance with Personnel Rules of the City and the provisions of the contract for such insurance between the City and carrier or carriers. Dental Coverage: Effective the first month after Council adoption of agreement, dental coverage is capped at $2,500.00 per dependent per annual plan year for the term of this contract. Adopted by Action of City Council July, 2013, October 2016, July 2019 961 CC 02-04-2025 961 of 985 16 City of Cupertino ELECTED OFFICIALS COMPENSATION PROGRAM Policy No. 14 EMPLOYEE ASSISTANCE PROGRAM It is the policy of the City of Cupertino to provide an Employee Assistance Program for the benefit of the elected officials and their eligible dependents. The purpose of this program is to provide professional assistance and counseling concerning financial, legal, pre retirement, and other matters of a personal nature. Adopted by Action of the City Council July, 2013 962 CC 02-04-2025 962 of 985 17 City of Cupertino ELECTED OFFICIALS’ COMPENSATION PROGRAM Policy No. 17 VISION INSURANCE – CITY CONTRIBUTION It is the policy of the City of Cupertino to provide vision insurance under which employees and their dependents may be covered. The premium cost for the insurance provided by the City shall not exceed $14.94 per month per employee. Enrollment in the plan or plans made available pursuant to this policy shall be in accordance with the provisions of the contract between the City and carrier or carriers providing vision insurance coverage, Adopted by Action of the City Council July, 2013 963 CC 02-04-2025 963 of 985 18 City of Cupertino ELECTED OFFICIALS’ COMPENSATION PROGRAM Policy No. 18 TECHNOLOGY POLICY Purpose This policy establishes guidelines and standards regarding the provision of technology hardware and software for Councilmembers. Scope and Applicability This policy applies to all City Councilmembers for the provision and maintenance of City issued technology hardware and software This technology is in addition to City technology equipment and software residing within the Mayor's and Council's office at City Hall. Technology Provision To facilitate communications with citizens, staff and other Councilmembers, each Councilmember may elect to be issued the following technology hardware at the beginning of each term. 1 Laptop 1 Docking Station 1 Monitor 1 Webcam 1 Keyboard & Mouse 1 Phone with Voice/Data Plan Each Councilmember’s issued laptop will have the following additional software applications: Office productivity platform, e.g., Microsoft O365 Cybersecurity Tools, e.g.., end point protection and multifactor authentication Video Conferencing, e.g., Zoom 964 CC 02-04-2025 964 of 985 19 Each Councilmember’s issued phone will have the following additional software applications Office productivity platform Cybersecurity Tools Video Conferencing Issued technology hardware and software will meet current City hardware and software standards to ensure proper security, maintenance, and support. Councilmembers who wish to not use City issued equipment must provide written acknowledgement that the technology they will use has current antivirus software and all software applications are up to date from a cyber security standpoint. Councilmembers use the issued equipment for the performance of official City business. Data contained within the equipment is public property and considered a public record, therefore subject to all Public Records Act and Brown Act policies. Councilmembers, upon completion of their term, will return all issued equipment to the Innovation & Technology Department. City equipment and/or software is not available for purchase. City Support Innovation & Technology staff are solely responsible to provide technical support and maintenance for issued equipment and may be reached at helpdesk@cupertino.org or 408) 777 3381. If required, Councilmembers shall bring their equipment to City Hall for repair and/or service. Adopted by Action of the City Council July, 2019, January, 2023 965 CC 02-04-2025 965 of 985 20 City of Cupertino City Council and Planning Commission Compensation Effective January 1, 2017 966 CC 02-04-2025 966 of 985 21 CITY OF CUPERTINO CITY COUNCIL AND PLANNING COMMISSION EFFECTIVE January 1, 2017 The salaries, wages or rates of pay for members of the City Council and Planning Commission are set forth below. Only the City Council can modify these rates. Members of the City Council $737.54/month Members of the Planning Commission* $50.00/meeting (maximum $200 monthly) Effective first full pay period in July 2017 Members of the City Council $743.07/month Members of the Planning Commission* $50.00/meeting (maximum $200 monthly) Benefits as set forth in this document do not apply to members of the Planning Commission. 967 CC 02-04-2025 967 of 985 Council Technology Policy Citywide Policy Manual Policy # Attachments: N/A Effective Date: December 12, 2022 Responsible Department: Innovation & Technology Related Policies & Notes: This policy supersedes previous Council Technology Polices from 2005, 2012, and 2018 Purpose This policy establishes guidelines and standards regarding the provision of technology hardware and software for Councilmembers. Scope and Applicability This policy applies to all City Councilmembers for the provision and maintenance of City issued technology hardware and software This technology is in addition to City technology equipment and software residing within the Mayor's and Council's office at City Hall. Technology Provision To facilitate communications with citizens, staff and other Councilmembers, each Councilmember may elect to be issued the following technology hardware at the beginning of each term. 1 Laptop 1 Docking Station 1 Monitor 1 Webcam 1 Keyboard & Mouse 1 Phone with Voice/Data Plan Each Councilmember’s issued laptop will have the following additional software applications: Office productivity platform, e.g., Microsoft O365 Cybersecurity Tools, e.g.., end point protection and multifactor authentication Video Conferencing, e.g., Zoom EXHIBIT B 968 CC 02-04-2025 968 of 985 Each Councilmember’s issued phone will have the following additional software applications Office productivity platform Cybersecurity Tools Video Conferencing Issued technology hardware and software will meet current City hardware and software standards to ensure proper security, maintenance, and support. Councilmembers who wish to not use City issued equipment must provide written acknowledgement that the technology they will use has current antivirus software and all software applications are up to date from a cyber security standpoint. Councilmembers use the issued equipment for the performance of official City business. Data contained within the equipment is public property and considered a public record, therefore subject to all Public Records Act and Brown Act policies. Councilmembers, upon completion of their term, will return all issued equipment to the Innovation & Technology Department. City equipment and/or software is not available for purchase. City Support Innovation & Technology staff are solely responsible to provide technical support and maintenance for issued equipment and may be reached at helpdesk@cupertino.org or (408) 777-3381. If required, Councilmembers shall bring their equipment to City Hall for repair and/or service. Submitted By: Approved By: Printed Name: Bill Mitchell Printed Name: Pamela Wu Title: CTO Title: City Manager Signature: Signature: Date: December 11, 2022 Date: 969 CC 02-04-2025 969 of 985 Vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: ls/Kimberly Smith City Clerk Members of the City Council Wang, Kwok, Lowenthal, Mahoney, Sandoval None None None APPROVED: ls/Kris Wang Mayor, City of Cupertino EXHIBIT C RESOLUTION NO. 07-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO PROVIDING FOR A DISCRETIONARY FUND TO BE ADMINISTERED BY THE CITY MANAGER TO PROVIDE A ll?UNDING SOURCE FOR PROJECTS THAT THE MAYOR MAY WISH TO PROPOSE FROM TIME TO TIME DURING THE MAYOR'S TERM OF.OFFICE WHEREAS, The City Council wishes to provide a small source of funds for projects that may be proposed at the discretion of the Mayor during the Mayor's term of office; and, WHEREAS, The City Council wishes to establish a Mayor's initiative budget that will be included as part of the City Manager's Office budget in the City Manager's discretionary account; and, WHEREAS, The City Council wishes to determine, as part of the budget process, the amount of funding for the duration of the Mayoral term; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino that Mayor's initiative budget is established in an amount to be determined by the City Council as part of the City Manager's discretionary fund to be used for projects that the Mayor deems appropriate during the Mayor's term of office; and, BE IT FURTHER RESOLVED that the decision to spend money on a Mayor's project will be jointly determined by the Mayor and the City Manager, except that the City Manager may, at his or her sole discretion escalate the spending decision to the City Council if he or she determines that to be necessary or appropriate; and, BE IT FURTHER RESOLVED that the City Council will be advised by an item on the Council Agenda prior to the date of the Mayor's State of the City Address, of any new project or initiative that the Mayor may wish to propose during the State of the City Address. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of June 2007, by the following vote: 970 CC 02-04-2025 970 of 985 0(1'2 3 4 5 4 4 6 0(1'2 7 0(1'2 0(1'2 0(1'2 D 971 CC 02-04-2025 971 of 985 0 2 0(1'2 0(1'2 7 0(1'2 7 7 3 8 5 9 9 8 6 0+ 28 0(1'2 972 CC 02-04-2025 972 of 985 14 the meeting past 11:30 p.m. Following the adjournment of the meeting, any remaining items on the agenda shall be continued to the next regular meeting of the City Council. 8.10 Public Hearing Procedures. The order of proceeding where there is a public hearing item (non-appeal items) before the City Council shall be as follows: 1.Open Public Hearing 2.Staff Report (preferably 10 minutes) 3.Applicant's presentation (where applicable) (preferably:-:::; 8 minutes) 4.Questions from the Council 5.Public comment 6.Applicant's response to public comment (where applicable) preferably 2 minutes) 7.Close Public Hearing 8.City Council discussion and vote Where the public hearing involves an appeal of a decision to the City Council, the order of proceeding shall be as follows: 1.Open Public Hearing 2.Staff Report (preferably 10 minutes) 3.Appellant's statement (preferably 8 minutes) 4.Applicant's statement (where applicable) (preferably 8 minutes) 5.Questions from the Council 6.Public comment 7.Applicant's response to public comment (where applicable) preferably 2 minutes) 8.Appellant's response to public comment (preferably 2 minutes) 9.Close Public Hearing 10.City Council discussion and vote 8.11 City Council Recess Period. The City Council recess period shall begin the first Tuesday in August at 12:00 a.m. and end the Tuesday following Labor Day at 12:00 a.m. During any recess period, the City Manager is authorized to take such ministerial actions for matters of operational urgency, including such emergency actions as are necessary for the immediate preservation of the public peace, health, or safety, as would normally be taken by the City Council during the period of recess, except for those duties specifically 973 CC 02-04-2025 973 of 985 CITY OF CUPERTINO Agenda Item 24-13564 Agenda Date: 2/4/2025 Agenda #: 13. Subject: Councilmember Reports CITY OF CUPERTINO Printed on 1/28/2025Page 1 of 1 powered by Legistar™974 CC 02-04-2025 974 of 985 1 CITY COUNCILMEMBER REPORT Meeting: Tuesday, February 4, 2025 Reporting Councilmember: Mayor Liang Chao Report Dates: 1/15/25 to 1/27/25 Section 1: Announcement - Message from the Mayor: ❖ Messages from other agencies: I continue to forward questions on other agencies to address your concerns. ➢ Message from the Fire Department: Response regarding fire safety questions from residents ■ They have prepared an FAQ to answer many questions they have received. ■ To learn more about preparing your home and family to survive wildfire, visit sccfd.org/rsg. ➢ Message from the Santa Clara Valley Water District: Response regarding concerns on the water level of the Stevens Creek Reservoir ■ “Valley Water does own and operate 10 reservoirs throughout Santa Clara County, and we partner with fire protection agencies and local water retailers (such as San Jose Water Company) to supply water that may be used for fire protection purposes.” ■ “In fact, Stevens Creek Reservoir is currently 62% full—equivalent to a volume of 1,900 acre-feet of water. Rest assured, though, that this is more than enough water needed for an emergency situation.” ❖ Monthly Mayor’s Coffee Community Meetings: These meetings will be generally held on the second Monday at 5pm each month, but it might be moved to other Mondays if needed. The location will rotate so that we cover different businesses each month. ➢ The first Monthly Mayor’s Coffee was held on Monday January 20 at 5pm at Holder’s Country Inn. ➢ The next Mayor’s Coffee will be on Monday February 10th at 5pm. The location is TBD. ❖ The State of the City Address: It will be held in the evening of Wednesday February 26. ➢ A message to save the date has been sent out. ➢ Partners: We continue to partner with Cupertino Rotary and Cupertino Chamber. In addition, we are also partnering with the Cupertino Library Foundation and the Cupertino Historic Society. We welcome more outreach partners to help support the event. ❖ Proclamations at Council meetings: This year, I plan to follow a tradition upheld by some former Cupertino mayors and other mayors in recognizing organizations or individuals with proclamations during Council meetings. My goal is to honor those who have made consistent 975 CC 02-04-2025 975 of 985 Councilmember Report City Council 2 and/or significant contributions to Cupertino, with an emphasis on those who are less well- known. If you have any suggestions, please feel free to email me at LChao@Cupertino.gov. Proclamations for contributions will generally be presented at the second Council meeting of each month, while the first meeting will continue to recognize special observances (e.g., awareness months or weeks) as before. You are also welcome to submit suggestions for these recognitions. ❖ Cupertino Mayor at the Chamber LAC Meeting: On Friday February 7th, I will speak at the Legislative Action Committee (LAC) of the Cupertino Chamber. Their website states “Meetings are typically (but not always) held at 12:30pm until 2pm, the first Friday of each month. The meeting is open to the public. R.S.V.P. preferred.” I am happy to attend meetings at other organizations too. You are welcome to submit your invitations to LChao@Cupertino.gov. ❖ FY 2025-27 Work Program Prioritization: The staff has proposed a new process for Work Program Prioritization in an info memo. Check the Work Program page for updates. ➢ The Council has reviewed the initial top-10 lists at the 1/22 council meeting. Each councilmember will submit their revised top-10 list and then provide a ranking on 20 projects. See an upcoming info memo for the revised lists. ➢ At the March 3 Council Workshop, the Council will rank the projects and the top 20 will be considered for the FY 2025-27. ➢ The final decision will likely be made in April/May before the Council adopts the FY 25-26 budget in June 2025. Section 2: Activities by Date (Date, Title, and Description): NOTE: ● This list does not include internal meetings with staff only, such as prep sessions or meetings with the City Manager. ● This list includes activities to “represent the community I am elected to serve”, “to respond to community needs and complaints,” and “to communicate policies and programs to residents,” among other responsibilities of a City Councilmember. ● Due to my work schedule, I have cut down on the event attendance for ceremonial purposes, especially those I have attended almost every year in the past. Instead, I focus more of my time on constituent services. 2025-1-16 Cupertino Chamber of Commerce Installation Ceremony at Quinlan Center - The 2024 President John Tang made his remark and then the 2025 President and the Board took over. Met many Chamber board members. 2025-01-17 meeting with Jennifer Zhou, Bay Area Council - Jennifer Zhou is the Vice President of Global Initiatives for Bay Area Council. She has offices in Shanghai and the Bay Area. 976 CC 02-04-2025 976 of 985 Councilmember Report City Council 3 - They provide free services to help the U.S. companies to set up branches in China and also help companies from China to set up branches in the U.S. 2025-01-29 Attended the annual gala of the Shin Shin Educational Foundation and the lunar new year celebration - Presented the proclamation to declare January 19, 2025 the Shin Shin Foundation Day, to follow the tradition in previous years. - There were exciting performances for the new year, including lion dance and face-changing and other dance and music performances by performers of all ages. 2025-01-30 The first Mayor’s Coffee at the Holder’s Country Inn - About 15 people attended. - They brought up various issues such as community grant program, budget issue, art center like Palo Alto, transparency for development projects, fire safety for Eucalyptus trees in neighboring HOA. 2025-01-23 Meeting with Michael Haleva, Policy Analyst of Senator Corteze - I proposed some legislative ideas which I shared with Peter Leroe-Muñoz, General Counsel of from the Silicon Valley Leadership Group - incentives to provide smaller starter homes, such as homes with 1,000 sqft to 1,500 sqft. - incentives to provide for-sale flats for seniors to downsize into. - sales tax restructuring so that the city where the consumer reside, the warehouse city and the city with the company sales office all get a percentage share of the sales tax. - impact to the city revenue when 100% retail site is replaced by 100% housing or less than 10% retail - incentives to provide work-live units as a solution to provide housing with potential for generating revenue for both the homeowner and the city. 2025-01-25 Lunar New Year event by the Taiwanese America American Federation of Northern California (TAFNC) at TECO - The event room at TECO is packed with members of TAFNC. This year they have a youth portion conducted in English, which features two young Taiwanese American authors. One wrote a picture book and one wrote a non-fiction book on the identity of Taiwanese American youth. 2025-01-26 Lunar New Year event by the Chinese School Associations at TECO - The elected officials and community leaders are invited up stage to write in Chinese Calligraphy. There are patterns to help anyone to write. - Awards given to the poster contest winners from Chinese schools. There were many activities for children. 2025-01-14 Attended Meet Legislators - hosted by the Cal Cities Peninsula Division in South San Francisco - 5 legislators gave brief summaries of their legislative priorities this year and answered questions from the host and the audience. 977 CC 02-04-2025 977 of 985 Councilmember Report City Council 4 Section 3: Committee Assignment 2025-01-22 Valley Water Commission Meeting (meet quarterly) - Presentation on the master plan and budget. - The water rate for the Valley Water portion, which is about 40-60% of typical water bill, would see 8-10% year-to-year growth in the next 10 years in order to fund necessary capital projects for the water infrastructure. Commissioners expressed concern on such large increases and the communication to the community. 2025-01-24 Santa Clara County Mayors meeting, hosted by San Jose Mayor Matt Mohan (meet quarterly) - Staff of San Jose Mayor’s office presented the work of GovAI and other innovative Economic Development work. - The mayors brain stormed potential common goals to work together, such as RV parking, fire safety (weed abatement on parcels owned by public agencies), commitment of services from the County when cities provide shelters, impact from the upcoming Super Brown and World Cups in 2026 Section 4: Information of Interest to My Constituents: (no update since the last report) 1. Builders’ Remedy (BR) Projects ★ The Planning Staff has completed the “determination of completeness” reviews for the 20739 Scofield Drive and Vista Heights projects. In both instances staff has determined that the application materials are incomplete, meaning the projects are no longer vested pursuant to Government Code Section 65941.1. The letters that have been transmitted to the applicants are available on the City’s website here: ● Scofield: https://www.cupertino.gov/scofield ● Vista Heights: https://www.cupertino.gov/vistaheights ★ There is one more BR project that is still active: Dividend Homes at the northwest corner of Stevens Creek Blvd and De Anza. The project will replace the existing office building with town homes. ★ Status of all BR projects ★ The July 25, 2024 info memo, titled “Scofield Drive SB330 Preliminary Application pursuant to Builder’s Remedy”, has information about what are BR projects and their review process. 2. License Plate Reader Camera - City-operated or personal ones ★ The Council has adopted the Automated License Plate Reader (ALPR) Camera program (Resolution 24-094) in order to alert the police when a license plate with previous record is detected. Some cameras are placed at major roads entering Cupertnio. ★ The residents or businesses can connect your home or business surveillance camera with the Santa Clara County Sheriff's Office. The registration form is at the bottom of this page. 978 CC 02-04-2025 978 of 985 Councilmember Report City Council 5 Section 5: Information Access Useful to My Constituents: 1. “Written Communication” for a City Council meeting: ○ When will an email sent to the City Council be included in the “Written Communication” file of a Council meeting? ○ From the City Clerk: ■ Emailed comments that are related to an agenda item and received following the agenda publication prior to or during the meeting will be posted to the City’s website. ■ Emailed comments related to non-agenda items and received following the agenda publication prior to or during the meeting will be posted upon request only if it is forwarded by a councilmember, to comply with the Muni Code. 3. Recordings of Commission Meetings: Starting in June, commission meetings will be recorded for viewing later, although no teleconferencing to allow remote participation. - Find the recordings here under each commission. 4. Information Memo posted on the City website: City Council Informational Memos are now available on the City website. The information can be accessed from the City website at cupertino.org/memos and the City Council page. You can also find the page by entering search terms “info memos” at the top of the website. ★ Anyone may use the eNotification signup to receive informational memo updates by email. ★ The info memos are now hosted in the digital archive as all other city records. ★ Click “+” to zoom in. ★ On a laptop: ○ To open the document as PDF, click on the Print icon and then click on “Download & Print”. The downloaded PDF will appear in a new tab for viewing. ○ This does not work on Safari browser on an iPhone. ★ To copy and paste text, you must open it as PDF and then copy & paste from there. New memos posted, since last report: 11 - November 14, 2024 - Notification method for GPA and zoning ordinances on parcels, preliminary applications, and project proposals 11 - November 27, 2024 - City of Cupertino Electrical Utility Costs and Usage Information 979 CC 02-04-2025 979 of 985 Councilmember Report City Council 6 11 - November 27, 2024 - Rodrigues Avenue Bicycle and Pedestrian Safety Enhancements 12 - December 12, 2024 - Climate Action Plan Progress Report 12 - December 12, 2024 - Monthly Treasurer’s Investment Report for November 2024 12 - December 12, 2024 - Monthly Treasurer’s Investment Report for October 2024 12 - December 12, 2024 - Monthly Treasurer's Report for November 2024 12 - December 12, 2024 - Monthly Treasurer's Report for October 2024 12 - December 12, 2024 - Treasurer's Investment Report for the Quarter Ending September 30, 2024 12 - December 20, 2024 - Goal Setting Workshop Preparation – Council Top 10 Projects 4. How to Search an agenda item: A community member showed me a way to search for items on the past city meetings: ● Go to this page: https://cupertino.legistar.com/Calendar.aspx ○ Make sure that “Calendar” is selected from the top row of tabs and the “List View” is selected from the bottom row of tabs. ○ Enter the search term, such as “investment report”. Choose the year or select “All Years” 980 CC 02-04-2025 980 of 985 Councilmember Report City Council 7 (Last Activity Report in the November 19, 2024 Council Meeting Agenda.) 981 CC 02-04-2025 981 of 985 1              CITY COUNCILMEMBER REPORT   Meeting:  February 4, 2025      Reporting Councilmember:  Councilmember J.R. Fruen    Report Dates:  1/14/25 to 1/27/25    Item Date, Title, and Description:    Event 1. January 17, 2025 – Meeting with the City Manager – I attended my regular weekly  meeting with the city manager to discuss upcoming council agendas and constituent concerns.      Event 2. January 17, 2025 – Briefing on City Work Program – Staff from multiple departments  offered a briefing on the City Work Program and the next steps in the process. The meeting was  informative and helpful in delineating this year’s process.    Event 3. January 21, 2025 – Cities Association of Santa Clara County Executive Committee  Meeting – I attended this meeting in my capacity as 2nd Vice President of the Cities Association.  The Committee discussed the agenda for upcoming board and committee meetings, as well as  the schedule of meetings for the year.     982 CC 02-04-2025 982 of 985 983 CC 02-04-2025 983 of 985 984 CC 02-04-2025 984 of 985 1              CITY COUNCILMEMBER REPORT   Meeting:  February 4, 2025      Reporting Councilmember:  Councilmember Ray Wang    Report Dates:  1/18/25 to 1/28/25    Item Date, Title, and Description:    1. January 16th – attended the swearing in ceremony of the Cupertino Chamber of Commerce       985 CC 02-04-2025 985 of 985