HomeMy WebLinkAbout26-122 Villalobos & Associates Inc. for 2025 Concrete Reconstruction ProjectVILLALOBOS & ASSOCIATES INC
ELIZABETH VILLALOBOS / SECRETARY
TRANQUILINO VILLALOBOS / PRESIDENT
1017098 / 08.31.2026
Javier Rivera Rodriguez
Javier Rivera Rodriguez Secretary
Jun 29, 2026
Tranquilino Villalobos
Jul 2, 2026
Michael K Woo
Michael K Woo Senior Asst City Attorney
Jul 2, 2026
Tina Kapoor City Manager
Jul 8, 2026
Lauren Sapudar
Lauren Sapudar City Clerk
Jul 8, 2026
Notice Inviting Bids
1. 1. Bid Submission. City of Cupertino (“City”) will accept electronically submitted bids for its 2025
Concrete Reconstruction Project (“Project”), by or before February 12, 2026 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.
2. Project Information.
2.1 Location and Description. The Project is located in the City of Cupertino. Work will occur
at various locations throughout the City. Work is generally described as follows:
Remove/Replace existing concrete curbs, gutters and sidewalks at various locations
throughout the City. Work also includes installation of ADA ramps, upgrading existing ADA
ramps to current standard, removal/replacement of driveway approaches and
removal/replacement of asphalt adjacent to curbs.
2.2 Time for Final Completion. . All work must be complete within 180 calendar days from
the start date set forth in the Notice to Proceed. City anticipates that the Work will begin on
or about May 2026, but the anticipated start date is provided solely for convenience and is
neither certain nor binding.
3. License and Registration Requirements.
3.1 License. This Project requires a valid California contractor’s license for the following
classification(s): Class A or Class C-8.
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 website located
at: https://apps.cupertino.org/bidmanagement/index.aspx. A printed copy of the Contract
Documents is not available.
5. Bid Security. Each bidder must submit bid security equal to 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, 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.
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.
Signed:
Lauren Sapudar, Acting City Clerk Date: January 8, 2026
Publication Date: January 16, 2026
END OF NOTICE INVITING BIDS
Page 1 of 2
ADDENDUM NO. 1
2025 Concrete Reconstruction Project
Bid Opening: February 12, 2026, at 2:00pm
Issue Date: February 5, 2026
TO ALL PROSPECTIVE FIRMS:
This addendum is issued to modify and/or clarify the previously issued bid documents. You
must indicate receipt of this addendum within the Bid Proposal of your bid submittal. Failure to
do so may cause rejection of your submittal.
Q1. What is the engineer estimate for the project?
a. The engineer’s estimate for this project is $1,200,000.
Q2. Is the contractor responsible for compaction testing on the baserock and subgrade section
for the concrete improvements?
a. The contractor is responsible for meeting the relative compaction requirements as noted
in the details.
Q3. When is the anticipated start date for this project?
a. The construction is anticipated to start in May 2026.
Q4. In the ALTERNATE bid section, should the contractor assume the QTY is for 1 EA ?
Bid Alternates. Bidder submits the following prices for the specified bid alternates:
Alternate # Title/Description Amount
ALT 1 - Reconstruct Catch Basin - $
Alternate #1 - Reconstruction of Catch Basin
Payment shall be made for the removal and replacement of existing catch basin top
Page 2 of 2
per City Standard Detail 3-2 and install new hood, frame and/or grate furnished by
the Contractor; disposal of existing materials, backfill, compaction and replacement
of existing rebar shall be included in the Bid Item
a. Unit for Alternate #1 shall be EA (Each).
APPROVED BY:
Jimmy Tan, P.E.
Assistant Director of Public Works
Villalobos &
I_.) Associates Inc.
City of Cupertino
Re: OSHA Inspection No. 1527621.015 (Report ID: 0950612)- Closure and Corrective
Actions
To Whom It May Concern:
This letter serves to confirm that the inspection conducted by the Occupational Safety and
Health Administration under Inspection No. 1527621.015 (Report ID: 0950612), initiated on
April 27, 2021, has been fully addressed and closed out.
The project in question was a small, single-family residential job, located at 21439
Continental Cir, Saratoga, CA 95070, for a private homeowner.
The inspection was classified as an accident-type inspection. Two citations were issued
relating to standards
Title 8 §341 (D)(5)(A)- relating to permit requirements for certain construction activities.
Title 8 §1541 (J)(2) - relating to protective systems in excavation and trenching operations
Both items were abated *during the inspection* and no failure to abate actions remain on
this matter. The final order was issued on November 23, 2021.
We treat this incident as an unfortunate accident. Immediately upon notification of the
inspection and citations, we implemented corrective and preventive actions (detailed
below) to ensure no recurrence. These actions have been fully completed, and the case is
closed in the OSHA/Cal-OSHA database.
2025 Concrete Reconstruction Project PROJECT INFORMATION
Project# 2025-103 Page 1
PUBLIC WORKS DEPARTMENT • 10300 TORRE AVENUE • CUPERTINO, CALIFORNIA 95014
PROJECT MANUAL
FOR THE
2025 CONCRETE RECONSTRUCTION
PROJECT
Bid Dates:
Bid Package posted: January 19, 2026
Bids due: February 12, 2026 at 2:00pm
2025 Concrete Reconstruction Project PROJECT INFORMATION
Project# 2025-103 Page 2
PROJECT INFORMATION:
PROJECT MANUAL FOR
2025 CONCRETE RECONSTRUCTION PROJECT
PROJECT NO. 2025-103
APPROVED BY:
_________________________
Jimmy Tan, P.E.,
Assistant Director of Public Works
City of Cupertino
Civil Engineering No. 61952
Expires: 09/30/2027
2025 Concrete Reconstruction Project PROJECT INFORMATION
Project# 2025-103 Page 3
PROJECT DIRECTORY
Project Name: 2025 CONCRETE RECONSTRUCTION PROJECT
Project Number: 2025-103
Location: Cupertino CA., Various Locations
City Representative: City of Cupertino
Aldo Corral
Public Works Department
10300 Torre Avenue
Cupertino, CA 95014
PH: (408) 777-3269
e-mail: aldoc@cupertino.gov
Address for Stop Notices: City of Cupertino
Aldo Corral
Public Works Department
10300 Torre Avenue
Cupertino, CA 95014
PH: (408) 777-3269
e-mail: aldoc@cupertino.gov
copy to: pwinvoices@cupertino.gov
2025 Concrete Reconstruction Project TABLE OF CONTENTS
Project# 2025-103 Page i
TABLE OF CONTENTS
Notice Inviting Bids ....................................................................................................................... 1
Instructions to Bidders ................................................................................................................. 3
Bid Proposal ................................................................................................................................. 10
Bid Schedule ................................................................................................................................ 13
Subcontractor List ....................................................................................................................... 18
Noncollusion Declaration ........................................................................................................... 19
Bid Bond ....................................................................................................................................... 20
Bidder’s Questionnaire ............................................................................................................... 22
Contract ........................................................................................................................................ 28
Payment Bond .............................................................................................................................. 33
Performance Bond ...................................................................................................................... 35
General Conditions ..................................................................................................................... 37
Article 1 - Definitions ................................................................................................................... 37
Definitions .................................................................................................................................. 37
Article 2 - Roles and Responsibilities ....................................................................................... 40
2.1 City ................................................................................................................................ 40
2.2 Contractor ...................................................................................................................... 40
2.3 Subcontractors .............................................................................................................. 43
2.4 Coordination of Work ..................................................................................................... 44
2.5 Submittals ...................................................................................................................... 44
2.6 Shop Drawings .............................................................................................................. 45
Article 3 - Contract Documents .................................................................................................. 46
3.1 Interpretation of Contract Documents ........................................................................... 46
3.2 Order of Precedence ..................................................................................................... 46
3.3 Caltrans Standard Specifications .................................................................................. 47
3.4 For Reference Only ....................................................................................................... 47
3.5 Current Versions ........................................................................................................... 48
3.6 Conformed Copies ........................................................................................................ 48
Article 4 - Bonds, Indemnity, and Insurance ............................................................................ 48
4.1 Payment and Performance Bonds ................................................................................ 48
4.2 Indemnity ....................................................................................................................... 48
4.3 Insurance ....................................................................................................................... 49
Article 5 - Contract Time ............................................................................................................. 51
5.1 Time is of the Essence .................................................................................................. 51
5.2 Schedule Requirements ................................................................................................ 51
5.3 Delay and Extensions of Contract Time ........................................................................ 53
5.4 Liquidated Damages ..................................................................................................... 56
Article 6 - Contract Modification ................................................................................................ 57
6.1 Contract Modification. .................................................................................................... 57
6.2 Contractor Change Order Requests ............................................................................. 58
6.3 Adjustments to Contract Price ....................................................................................... 59
6.4 Unilateral Change Order ............................................................................................... 59
6.5 Non-Compliance Deemed Waiver ................................................................................. 60
Article 7 - General Construction Provisions ............................................................................. 60
7.1 Permits, Fees, Business License, and Taxes ............................................................... 60
7.2 Temporary Facilities ...................................................................................................... 60
7.3 Noninterference and Site Management ........................................................................ 60
7.4 Signs .............................................................................................................................. 61
7.5 Project Site and Nearby Property Protections. ............................................................. 61
7.6 Materials and Equipment............................................................................................... 62
2025 Concrete Reconstruction Project TABLE OF CONTENTS
Project# 2025-103 Page ii
7.7 Substitutions .................................................................................................................. 63
7.8 Testing and Inspection .................................................................................................. 64
7.9 Project Site Conditions and Maintenance ..................................................................... 65
7.10 Instructions and Manuals .............................................................................................. 66
7.11 As-built Drawings .......................................................................................................... 67
7.12 Existing Utilities ............................................................................................................. 67
7.13 Notice of Excavation ...................................................................................................... 67
7.14 Trenching and Excavations of Four Feet or More ......................................................... 67
7.15 Trenching of Five Feet or More ..................................................................................... 68
7.16 New Utility Connections ................................................................................................ 68
7.17 Lines and Grades. ......................................................................................................... 68
7.18 Historic or Archeological Items ...................................................................................... 69
7.19 Environmental Control ................................................................................................... 69
7.20 Noise Control. ................................................................................................................ 69
7.21 Mined Materials. ............................................................................................................ 69
Article 8 - Payment ...................................................................................................................... 70
8.1 Schedule of Values ....................................................................................................... 70
8.2 Progress Payments ....................................................................................................... 70
8.3 Adjustment of Payment Application .............................................................................. 71
8.4 Early Occupancy. .......................................................................................................... 72
8.5 Retention ....................................................................................................................... 72
8.6 Payment to Subcontractors and Suppliers .................................................................... 72
8.7 Final Payment ............................................................................................................... 73
8.8 Release of Claims ......................................................................................................... 73
8.9 Warranty of Title ............................................................................................................ 73
Article 9 - Labor Provisions ........................................................................................................ 73
9.1 Discrimination Prohibited............................................................................................... 73
9.2 Labor Code Requirements ............................................................................................ 73
9.3 Prevailing Wages .......................................................................................................... 74
9.4 Payroll Records ............................................................................................................. 74
9.5 Labor Compliance ......................................................................................................... 75
Article 10 - Safety Provisions ..................................................................................................... 75
10.1 Safety Precautions and Programs ................................................................................ 75
10.2 Hazardous Materials ..................................................................................................... 75
10.3 Material Safety .............................................................................................................. 76
10.4 Hazardous Condition ..................................................................................................... 76
10.5 Emergencies ................................................................................................................. 76
Article 11 - Completion and Warranty Provisions .................................................................... 76
11.1 Final Completion ........................................................................................................... 76
11.2 Warranty ........................................................................................................................ 77
11.3 Use Prior to Final Completion ....................................................................................... 78
11.4 Substantial Completion ................................................................................................. 78
Article 12 - Dispute Resolution .................................................................................................. 79
12.1 Claims............................................................................................................................ 79
12.2 Claims Submission ........................................................................................................ 79
12.3 City’s Response ............................................................................................................ 81
12.4 Meet and Confer ............................................................................................................ 81
12.5 Mediation and Government Code Claims ..................................................................... 81
12.6 Tort Claims .................................................................................................................... 82
12.7 Arbitration ...................................................................................................................... 82
12.8 Burden of Proof and Limitations .................................................................................... 82
12.9 Legal Proceedings ......................................................................................................... 82
12.10 Other Disputes .............................................................................................................. 83
Article 13 - Suspension and Termination .................................................................................. 83
13.1 Suspension for Cause ................................................................................................... 83
2025 Concrete Reconstruction Project TABLE OF CONTENTS
Project# 2025-103 Page iii
13.2 Suspension for Convenience ........................................................................................ 83
13.3 Termination for Default .................................................................................................. 84
13.4 Termination for Convenience ........................................................................................ 85
13.5 Actions Upon Termination for Default or Convenience ................................................. 85
Article 14 - Miscellaneous Provisions ....................................................................................... 86
14.1 Assignment of Unfair Business Practice Claims ........................................................... 86
14.2 Provisions Deemed Inserted ......................................................................................... 86
14.3 Waiver ........................................................................................................................... 87
14.4 Titles, Headings, and Groupings ................................................................................... 87
14.5 Statutory and Regulatory References ........................................................................... 87
14.6 Survival. ......................................................................................................................... 87
Special Conditions.......................................................................................................................88
Technical Specifications……………………………………………………………………………….92
Traffic Control Specifications………………………………………………………………………..100
Details…………..………………………………………………………………………………………..104
Truck Traffic Restrictions Map………………………………………………………………………121
Blue Print for a Clean Bay……………………………………………………………………………122
Attachment A Location List / Location Map……………………….……………………………...123
2025 Concrete Reconstruction Project NOTICE INVITING BIDS
Project# 2025-103 Page 1
Notice Inviting Bids
1. 1. Bid Submission. City of Cupertino (“City”) will accept electronically submitted bids for its
2025 Concrete Reconstruction Project (“Project”), by or before February 12, 2026 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.
2. Project Information.
2.1 Location and Description. The Project is located in the City of Cupertino. Work
will occur at various locations throughout the City. Work is generally described as
follows: Remove/Replace existing concrete curbs, gutters and sidewalks at various
locations throughout the City. Work also includes installation of ADA ramps,
upgrading existing ADA ramps to current standard, removal/replacement of
driveway approaches and removal/replacement of asphalt adjacent to curbs.
2.2 Time for Final Completion. . All work must be complete within 180 calendar
days from the start date set forth in the Notice to Proceed. City anticipates that the
Work will begin on or about May 2026, but the anticipated start date is provided
solely for convenience and is neither certain nor binding.
3. License and Registration Requirements.
3.1 License. This Project requires a valid California contractor’s license for the
following classification(s): Class A or Class C-8.
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
website located at: https://apps.cupertino.org/bidmanagement/index.aspx. A printed copy of
the Contract Documents is not available.
5. Bid Security. Each bidder must submit bid security equal to 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, 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.
2025 Concrete Reconstruction Project NOTICE INVITING BIDS
Project# 2025-103 Page 2
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.
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.
Signed:
Kirsten Squarcia, City Clerk Date: <insert date>
Publication Date: < insert date >
END OF NOTICE INVITING BIDS
2025 Concrete Reconstruction Project INSTRUCTIONS TO BIDDERS
Project# 2025-103 Page 3
Instructions to Bidders
Each Bid Proposal submitted to the City of Cupertino (“City”) for its 2025 Concrete Reconstruction
Project (“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 accepted. City reserves the right to postpone the date or time for receiving
or opening bids. Each bidder is solely responsible for 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.gov/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 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.gov/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.
1.4 DIR Registration. 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 and return its bid unopened. (Labor Code §§
1725.5 and 1771.1(a).)
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,”
2025 Concrete Reconstruction Project INSTRUCTIONS TO BIDDERS
Project# 2025-103 Page 4
“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, and any other required enclosures, as applicable.
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 Proposal must be accompanied by bid security of ten percent of
the maximum bid amount, in the form of a cashier’s check 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.
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; and 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 Aldo
Corral, Public Works inspector, at aldoc@cupertino.gov with the following text in the
subject line “2025 Concrete Reconstruction Project”. 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 later may 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
2025 Concrete Reconstruction Project INSTRUCTIONS TO BIDDERS
Project# 2025-103 Page 5
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
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. Subject to the limitations of Public Contract Code § 4104.5, City reserves the
right to issue addenda prior to bid time. Any addenda issued prior to the bid opening are
part of the Contract Documents. 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.gov/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
2025 Concrete Reconstruction Project INSTRUCTIONS TO BIDDERS
Project# 2025-103 Page 6
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 95014 or sent via email at
aldoc@cupertino.gov before 5:00 p.m. no later than five Working Days following bid
opening (“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
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
2025 Concrete Reconstruction Project INSTRUCTIONS TO BIDDERS
Project# 2025-103 Page 7
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
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 10 (ten) 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. Subcontractor Work Limits. The prime contractor must perform at least 51% of the Work
on the Project, calculated as a percentage of the base bid price, with its own forces, except
2025 Concrete Reconstruction Project INSTRUCTIONS TO BIDDERS
Project# 2025-103 Page 8
for any Work identified as “Specialty Work” in the Contract Documents. The total bid
amount for any such Specialty Work, as shown on the Bid Schedule, may be deducted
from the base bid price before computing the 51% self-performance requirement. The
remaining Work may be performed by qualified Subcontractor(s).
18. 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.
18.1 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.
18.2 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.
19. 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 with the bid. 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.
20. Additive and Deductive Alternates. As required by Public Contract Code § 20103.8, if
this bid solicitation includes additive or deductive items, the method checked below will be
used to determine the lowest bid. If no method is checked, subparagraph (A) will be used to
determine the lowest bid. City retains the right to add to or deduct from the Contract any of
the additive or deductive alternates included in the Bid Proposal.
Check one:
X (A) The lowest bid will be the lowest bid price on the base contract without
consideration of the prices on the additive, alternate or deductive items.
(B) The lowest bid will be the lowest total of the bid prices on the base contract and
those additive or deductive items that were specifically identified in the bid solicitation
or Bid Proposal as being used for the purpose of determining the lowest bid price.
2025 Concrete Reconstruction Project INSTRUCTIONS TO BIDDERS
Project# 2025-103 Page 9
(C) The lowest bid will be the lowest total of the bid prices on the base contract and
those additive or deductive items taken in order from a specifically identified list of
those items that, when in the solicitation, and added to, or subtracted from, the base
contract, are less than, or equal to, a funding amount publicly disclosed by City before
the first bid is opened.
(D) The lowest bid will be determined in a manner that prevents any information
that would identify any of the bidders or the proposed subcontractors or suppliers
from being revealed to City before the ranking of all bidders from lowest to highest
has been determined.
END OF INSTRUCTIONS TO BIDDERS
2025 Concrete Reconstruction Project BID PROPOSAL
Project# 2025-103 Page 10
Bid Proposal
2025 Concrete Reconstruction Project
______________________________________________________ (“Bidder”) hereby submits this Bid
Proposal to the 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. Bid Alternates. Bidder submits the following prices for the specified bid alternates:
Alternate # Title/Description Amount
1 Reconstruct Catch Basin $
Alternate #1 - Reconstruction of Catch Basin
Payment shall be made for the removal and replacement of existing catch basin top
per City Standard Detail 3-2 and install new hood, frame and/or grate furnished by
the Contractor; disposal of existing materials, backfill, compaction and replacement
of existing rebar shall be included in the Bid Item.
3. 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
#1
#2
#3
#4
#5
4. Bidder’s Certifications and Warranties. By signing and submitting this Bid Proposal, Bidder
certifies and warrants the following:
4.1 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.
4.2 Examination of Worksite. Bidder has had the opportunity to examine the Worksite and local
conditions at the Project location.
2025 Concrete Reconstruction Project BID PROPOSAL
Project# 2025-103 Page 11
4.3 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.
4.4 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.
4.5 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.
4.6 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 person engaging in investment activities in Iran, as defined in the Act, or is otherwise
expressly exempt under the Act.
5. 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:
5.1 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;
5.2 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;
5.3 Insurance Requirements. Submit to City the insurance certificate(s) and endorsement(s) as
required by the Contract Documents; and
5.4 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.)
6. 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.
2025 Concrete Reconstruction Project BID PROPOSAL
Project# 2025-103 Page 12
This Bid Proposal is hereby submitted on _________________________, 2025.
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
2025 Concrete Reconstruction Project BID SCHEDULE
Project# 2025-103 Page 13
Bid Schedule
This Bid Schedule must be completed legibly 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 Remove and Replace Sidewalk 31,117 SF $ $
2 Remove and Replace Driveway 9,288 SF $ $
3
Remove and Replace Curb and
Gutter (Detail 1-16 Type A2-6 or
Type E)
1,788 LF $ $
4 Remove Parkstrip Improvements 4,585 SF $ $
5 Valley Gutter 726 SF $ $
6A Curb Ramp (A88A Type A) 5 EA $ $
6B Curb Ramp (A88A Type B) 5 EA $ $
6C Curb Ramp (A88A Type C) 5 EA $ $
6D Curb Ramp (A88A Type D) 5 EA $ $
6E Curb Ramp (A88A Type E) 5 EA $ $
6F Curb Ramp (A88A Type E) 5 EA $ $
6G Curb Ramp (A88A Type G) 5 EA $ $
7 Upgrade Existing Ramps 2 EA $ $
8 Median Island Curb (City Detail 124 LF $ $
9 Reconstruction of Catch Basin
Top 18 EA $ $
10 Remove Replace Asphalt 155 TON $ $
TOTAL $
* Final Pay Quantity
TOTAL BASE BID: Items 1 through 10 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: ________________________________________________________________
2025 Concrete Reconstruction Project BID SCHEDULE
Project# 2025-103 Page 14
END OF BID SCHEDULE
2025 Concrete Reconstruction Project BID SCHEDULE
Project# 2025-103 Page 15
Measurement and Payment
Payment for the various items of the Bid Schedule, as further specified herein, shall include all
compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and
manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of work
being described, as necessary to complete the various items of the Work all in accordance with the
requirements of the Contract Documents, including all appurtenances thereto, and including all costs
of permits and cost of compliance with the regulations of public agencies having jurisdiction, including
Safety and Health Requirements of the California Division of Industrial Safety and the Occupational
Safety and Health Administration of the U.S. Department of Labor (OSHA). No separate payment will
be made for any item that is not specifically set forth in the Bid Schedule, and all costs therefore shall
be included in the prices named in the Bid Schedule for the various appurtenant items of work.
Bid items 1 through 3
Shall include: saw cutting, removal and replacement of existing concrete; doweling per City Standard
Detail 1-23, removal of street pavement as necessary; replacement or repair of existing
improvements; grading, filling and consolidating of base materials; tree and root pruning; and backfill
and cleanup. Contractor is advised to closely review City of Cupertino Standard Details 1-16, 1-18
through 1-30. See city standard detail 1-20 for diagram of pay items.
Bid Item 4 – Removal of Park Strip Improvements
This work includes breaking up, loading, hauling and disposing of portland cement concrete, asphalt,
brick or other materials in areas such as park strips where new portland cement concrete is not to be
installed. This work shall also include backfilling and smoothing out topsoil to a plane even with top-
of-curb and top-of-sidewalk.
Bid Item 5 - Valley Gutter
This work shall include the removal of existing valley gutter or removal of street pavement, grading,
filling and compaction of both sub-base and base material if necessary and construction of new valley
gutter. Portland cement concrete shall be as specified above and shall include #4 rebar per City
Standard Detail 1-18.
Bid Item 6A – 6G – Depressed Curb Ramps
This work shall include sawcut and removal of existing improvements, the construction of sub-grade,
placement of cushion material and construction of new handicap ramp at various locations per
Caltrans Standard Detail A88A (latest addition) and in conformance with ADA requirements. The
Engineer shall determine the type of ramp to be installed at each location. Work shall include all
improvements within ramp boarders (including adjacent curb & gutter) as shown on detail A88A,
assuming planter width ranging 4.5’ to 5.0’. Payment shall be on per each basis. Case type B shall
have a maximum area of 200 square feet. If a type B ramp exceeds 200 square feet, the additional
square footage will be paid at the unit cost for removal/replacement of sidewalk. Depressed curb
ramps shall be poured monolithically with adjacent curb and gutter, retaining curbs, etc. Retaining
curbs adjacent to planting areas (Case Type A through G) shall be included in the unit cost to
construct ramp. See attached detail A88A for illustration of pay items. Hardscape in planter strip
adjacent to curb ramps shall be removed to limits specified by engineer prior to installation of ramp,
and shall be paid per bid item 4. The detectable warning surface shall be dark gray in residential
neighborhoods, the detectable warning service shall be federal yellow on arterial streets, collector
streets, commercial areas, and in proximity to schools. Color will be specified by the Engineer.
Bid Item 7 – Upgrade Existing Curb Ramp
This work will modify existing ramps to comply with Caltrans Standard Detail A88A (latest addition).
Work shall include installation of detectable warning surfaces. Contractor shall verify existing ramps
meet all ADA requirements, other than presence of detectable warning surface, prior to installation.
2025 Concrete Reconstruction Project BID SCHEDULE
Project# 2025-103 Page 16
The detectable warning surface shall extend the full width and three-foot depth of the ramp and shall
be located 6” to 8” from the gutter flowline. The detectable warning surface shall be federal yellow,
as specified by the City Engineer, composite tactile by ADA solutions, Inc. or approved equal. When
the detectable warning surface edge is cut and the resulting edge is not flush with the surface of the
ramp, the edge shall be beveled or conformed with perimeter sealant at 1:2 max slope in accordance
with the manufacture’s requirements. Color Matched structural adhesive shall be Urethane
Elastomeric Adhesive by Bostik or approved equal. Structural adhesive shall be applied to full
perimeter and through center of tile each way per manufacture’s requirements. Color matched,
stainless steel 304, flat head drive anchors (1/4” diameter x 1 ½” long) shall be placed twelve inch on
center both directions. Manufacturer(s) shall provide a written 5-year warranty for prefabricated
detectable warning surfaces, guaranteeing replacement when there is a defect in the dome shape,
color fastness, sound-on-cane acoustic quality, resilience, or attachment. Warranty period shall begin
upon acceptance of work.
Bid Item 8 - Median Island Curb
Payment shall include removal of existing improvements; removal of street pavement if necessary;
grading, filling and consolidating of base materials. This work shall also include backfilling and
replacement of topsoils in landscape median islands; protection in place or replacement of existing
irrigation facilities (reconfiguration or modification of irrigation facilities if needed will be done by
others); contractor shall supply traffic control and advance warning devices for lane closures.
Payment shall be measured and paid per linear foot for median island curbs per City Standard Detail
A1-8. Payment shall include full compensation for furnishing all labor, materials, tools, equipment,
and incidentals, and for returning serviceable existing segmented curbs to the City or disposing of
non-serviceable existing curbs. Locations of median islands improvements shall be determined by
the Engineer. Payment shall include full compensation for furnishing all labor, materials (including
sand cushion), tools, equipment, and incidentals.
City will be responsible for relocation of any traffic control post/signs that may be located within
median islands.
Bid Item 9 - Reconstruction of Catch Basin Top
Payment shall be made for the removal and replacement of existing catch basin top per City Standard
Detail 3-2; salvage and reuse existing hood, frame and/or grate as directed by the City or install new
hood, frame and/or grate supplied by the City; replacement of existing rebar shall be included in the
Bid Item.
Bid Item 10 – Asphalt Replacement
Payment shall be measured and paid per the theoretical weight, measured in tons. The theoretical
weight will be calculated based upon the individual asphalt replacement areas marked by the City,
multiplied by the depth, multiplied by the weight of asphalt in lb./cubic feet (assume 148 lbs./cubic
foot), all divided by 2000. Payment shall include full compensation for furnishing all labor, materials,
tools, equipment, and incidentals, and for doing all the work involved in constructing the asphalt
repairs, complete in-place, saw cutting, removal of asphalt/base rock/earth spoils, including any and
all additional work described in these project specifications and plans. Any and all removal and
replacement done outside of the areas marked by the City or to depths greater than the required 6
inches.
Payment shall be made for only those items shown on the bid schedule. Any item of work that is not
shown on bid schedule but is required by these specifications shall be considered as incidental and
full compensation for same shall be made as considered included in the payment for the bid items.
In general, contract prices and payments shall include, but not be limited to, full compensation for all
necessary materials, labor, tools, equipment, traffic control, and incidentals to do all the work involved,
2025 Concrete Reconstruction Project BID SCHEDULE
Project# 2025-103 Page 17
complete and in place, as shown on the plans, as specified in the specifications and as directed by
the Engineer.
END OF MEASUREMENT AND PAYMENT
2025 Concrete Reconstruction Project SUBCONTRACTOR LIST
Project# 2025-103 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.
2025 Concrete Reconstruction Project NONCOLLUSION DECLARATION
Project# 2025-103 Page 19
Noncollusion 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
2025 Concrete Reconstruction Project BID BOND
Project# 2025-103 Page 20
Bid Bond
________________________________________________________ (“Bidder”) has submitted a
bid, dated ___________________________, 20______ (“Bid”), to the City of Cupertino (“City”)
for work on the 2025 Concrete Reconstruction (“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.
2025 Concrete Reconstruction Project BID BOND
Project# 2025-103 Page 21
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
2025 Concrete Reconstruction Project BIDDER’S QUESTIONNAIRE
Project# 2025-103 Page 22
Bidder’s Questionnaire
2025 CONCRETE RECONSTRUCTION PROJECT
As part of the bid documents, 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
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
Check One:
Corporation - State of incorporation:
Partnership
Sole Proprietorship
Joint Venture of:
Other:
Part B: Bidder Experience
1 How many years has Bidder been in business under its present business
name? (in years)
2 Has Bidder completed projects similar in type and size to this Project as a
general contractor? (Yes or No)
2025 Concrete Reconstruction Project BIDDER’S QUESTIONNAIRE
Project# 2025-103 Page 23
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 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 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 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 Bidder was
terminated, and the month and year in which
the termination occurred.
Part C: Project Experience
Provide information on at least three projects, performed as general contractor, that are similar
in scope and character to this project. Three of the projects must be public sector projects . (Use
separate sheets if required)
2025 Concrete Reconstruction Project BIDDER’S QUESTIONNAIRE
Project# 2025-103 Page 24
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
2025 Concrete Reconstruction Project BIDDER’S QUESTIONNAIRE
Project# 2025-103 Page 25
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
2025 Concrete Reconstruction Project BIDDER’S QUESTIONNAIRE
Project# 2025-103 Page 26
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
2025 Concrete Reconstruction Project BIDDER’S QUESTIONNAIRE
Project# 2025-103 Page 27
Part D: 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:
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 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 Bidder’s safety program:
Name Title Email Address
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
2025 Concrete Reconstruction Project CONTRACT
Project# 2025-103 Page 28
Contract
This public works contract (“Contract”) is entered into by and between the City of Cupertino
(“City”) and _______________________________________ (“Contractor”), for work on the 2025
Concrete Reconstruction (“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.
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:
__________________________________________________________________
___________________________________________.
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.
5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all
requirements for Final Completion, within 180 calendar 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.
2025 Concrete Reconstruction Project CONTRACT
Project# 2025-103 Page 29
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 $1000 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.
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
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:
Public Works Department
10300 Torre Avenue
Cupertino, CA 95014
2025 Concrete Reconstruction Project CONTRACT
Project# 2025-103 Page 30
408-777-3269
Attn: Aldo Corral
aldoc@cupertino.gov
Copy to:
Contractor:
Name
Address
City/State/Zip
Phone
Contact name
Contact email address
CC Contact name
CC Contact email address
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
2025 Concrete Reconstruction Project CONTRACT
Project# 2025-103 Page 31
binding on that party. If Contractor is a corporation, signatures from two officers of
the corporation are required pursuant to California Corporations Code § 313.
[Signatures are on the following page.]
2025 Concrete Reconstruction Project CONTRACT
Project# 2025-103 Page 32
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
2025 Concrete Reconstruction Project PAYMENT BOND
Project# 2025-103 Page 33
Payment Bond
The City of Cupertino (“City”) and ________________________ (“Contractor”) have entered into
a contract for work on the 2025 Concrete Reconstruction Project (“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.]
2025 Concrete Reconstruction Project PAYMENT BOND
Project# 2025-103 Page 34
7. Effective Date; Execution. This Bond is entered into and is effective on _____________,
2026.
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
2025 Concrete Reconstruction Project PERFORMANCE BOND
Project# 2025-103 Page 35
Performance Bond
The City of Cupertino (“City”) and __________________________ (“Contractor”) have entered
into a contract for work on the 2025 Concrete Reconstruction Project (“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.
7. Notice. Any notice to Surety may be given in the manner specified in the Contract and sent
to Surety as follows:
Attn: _____________________________________________________
Address: __________________________________________________
2025 Concrete Reconstruction Project PERFORMANCE BOND
Project# 2025-103 Page 36
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
____________________, 2026.
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
2025 Concrete Reconstruction Project GENERAL CONDITIONS
Project# 2025-103 Page 37
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; a written demand
by Contractor disputing a unilateral Change Order or a portion thereof; 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.
2025 Concrete Reconstruction Project GENERAL CONDITIONS
Project# 2025-103 Page 38
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.
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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.
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, February 17;
d. Presidents’ Day, February 16;
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;
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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.
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(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, subject to the
limitations of Laws, including Public Contract Code § 7105.
(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
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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.
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 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
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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 adequate 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
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immediately remove the Subcontractor from the Project and, at no further cost to City, will
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
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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, 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.
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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
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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,
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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 one 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
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employees, Subcontractors, representatives, or agents, in bidding or performing the Work
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.
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(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
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 advance written notice to City, unless due to non-payment of premiums, in which
case ten days advance 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
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Insured; or must provide a financial guarantee, to City’s satisfaction, guaranteeing
payment of losses and related investigation, claim administration, and legal expenses.
(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,
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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
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.
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(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, or 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
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determined by reliable records, including monthly rainfall averages, for the preceding ten
years (or as otherwise specified in the Special Conditions or Specifications).
(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, or 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.
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(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 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 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 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 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
impacts, including scheduling and cost impacts with a time impact analysis using
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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.
(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
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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
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
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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 14 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.
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(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 the 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
quantities used, City may elect to issue a unilateral Change Order, directing performance
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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.
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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
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may deduct the cost to repair or replace the damaged property from payment
otherwise due to Contractor.
(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
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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
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) Existing City Equipment. Contractor 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 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.
1. 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.
(D) 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.
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
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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.
(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.
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(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.
(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.
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(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
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 one copy 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. 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. 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.
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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
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
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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
(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
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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
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 Public Contract Code § 20676, Contractor 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 Contractor 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.
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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.
(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 for
approval, 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. Application for Payment. 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 Contractor’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 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 8.6, 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, Contractor must submit an
executed Unconditional Waiver and Release Upon Progress Payment,
using the form specified in Civil Code § 8134, from each Subcontractor that
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has received a progress payment from Contractor following DBE’s receipt of
payment from City.
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.
(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 fines, payments, or penalties assessed against the City relating to
Contractor’s acts or omissions, including violations of Laws, City may withhold or deduct
such amounts from payment otherwise due to Contractor.
(K) 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.
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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 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,
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).
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
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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.
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.
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(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
(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
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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.
9.6 Skilled and Trained Workforce. Contractor 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. Contractor 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 Contractor’s monthly application for progress payments.
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
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
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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
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
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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,
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.
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(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
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
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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) 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.
(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, 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.
(D) 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 by registered or
certified mail with return receipt requested and clearly identified as a “Claim” submitted
pursuant to this Article 12. The Claim 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).
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(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.”
(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 21 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 21 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.
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(3) A Claim disputing the amount of Final Payment must be submitted within 21
days of the effective date of Final Payment, under Section 8.7, 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
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.
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(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
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.
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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.
(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.
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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
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.
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(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
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:
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(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,
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.
2025 Concrete Reconstruction Project GENERAL CONDITIONS
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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
2024 Concrete Reconstruction Project SPECIAL CONDITIONS
Project# 2024-103 Page 88
Special Conditions
1. Authorized Work Days and Hours. Work hours and noise pose a special concern for
projects in residential neighborhoods. The City if very concerned for its residents and will
diligently enforce the restrictions below.
1.1 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 through Friday
1.2 Authorized Work Hours. Except as expressly authorized in writing by City,
Contractor is limited to performing Work on the Project during the following
hours:
7:00 a.m. – 4:00 p.m. local times, weekdays (local roads), 9:30 a.m. – 3:30 p.m.
local times, weekdays (arterial and collector streets). 9:00 a.m. – 4:00 p.m.
Saturdays and Sundays.
a. Equipment and Material Delivery and Off-Haul Hours. 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. Note that section 11.32 of the Cupertino Municipal
Code prohibits trucks that weigh greater than tree tons from operating within 500’
of a school between the hours of 7:00 AM and 9:30 AM or 2 PM to 4 PM.
b. Work Days Only. Work will only be performed on Work Days, as defined in the
General Conditions, unless Contractor requests otherwise from City in writing at
least 2 working days in advance, and City approves the request in its sole
discretion. In the case of Work by Contractor after normal working hours
2. 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.
2.1 Pollution Liability Insurance Waived. The pollution liability insurance
policy requirement set forth in subsection 4.3(A)(4) of the General
Conditions is hereby waived and does not apply to this Contract.
2.2 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.
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:
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 Submittals and Traffic Control Plans;
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4. 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.
5. 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 contractor 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
6. Notification of Residents, Schools and Businesses
The Contractor shall be responsible for the following: If these notifications are not
strictly followed, the Contractor shall not be allowed to work on the street.
Advance Notice of Work to Abutting Properties
The Contractor shall notify the abutting properties along the street where the work is to
be completed. Notifications to properties shall be in the form of door hangers. The
Contractor shall submit a sample door hanger to the City of Cupertino for review and
approval prior to placement. Door hangers must be placed 2 working days prior to
starting construction on a particular street. The Contractor shall provide the City with the
schedule for placement of the door hangers, so that the City can verify that they have
been placed within the required notification time. Door hangers must be place by noon
so that the City may verify placement.
Posting & Towing
The Contractor shall be responsible for providing and posting 'No Parking' signs at
approximately 100 ft. intervals throughout the section of work. The Contractor shall be
responsible for removal of vehicles which would interfere with the work and insure 72
hours notice is given to the property owner or tenant. If these notification procedures are
not strictly followed, the Contractor shall not be allowed to work on the street.
Towing Procedure
Cupertino Municipal Code Section 11.24.200 D authorizes the tow away of vehicle
parked on a public street where construction or street repair work is scheduled to occur.
The Contractor performing the scheduled work is responsible for erecting the required
signs giving notice that such vehicles may be towed away if left on the street during the
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Project# 2024-103 Page 90
time that the work is scheduled to be performed. The signs shall be erected at least 72
hrs. prior to the scheduled start of work.
The Contractor must notify Cupertino Code Enforcement (408) 777-3182 with locations
of posting, to verify forty-eight (72) hour notice.
All costs for notification and posting of signs shall be included in the various items of work and
no special compensation will be allowed.
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 [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
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.
[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]
[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]
2024 Concrete Reconstruction Project SPECIAL CONDITIONS
Project# 2024-103 Page 91
END OF SPECIAL CONDITIONS
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TECHNICAL SPECIFICATIONS
PART 1 – GENERAL
1.01 DESCRIPTION
The work to be done is maintenance type work and consists, in general, of the
removal and replacement of existing portland cement concrete curb & gutters,
sidewalks, driveway approaches, accessible ramps, median curbs, asphalt
replacement adjacent to portland cement concrete work, flat work, and tree root
barriers, as required. The work may also include the removal and replacement of
valley gutters, installation of new accessible curb ramps and median island flatwork
as noted.
The majority of the work consists of removal and replacement of portland cement
concrete curb & gutter and sidewalk where drainage problems exist or where
displacements may become a public safety hazard. The improvements will be
replaced over existing base material in most cases (approximately 50% of sidewalk
replacement locations). When it is necessary to remove pavement adjacent to the lip
of the gutter, replacement of asphalt concrete pavement will be completed by the
Contractor.
Contractor shall complete all work in conformance with Sections 39, 73, 92 and 94 of
the State of California, Department of Transportation, Standard Specifications latest
edition.
1.02 MATERIALS
PORTLAND CEMENT CONCRETE:
Portland Cement Concrete shall be Class A concrete have one (1”) inch maximum
combined aggregate grading, conforming to Section 90-1.02C(4)(d) of the Standard
Specifications. Concrete shall contain not less than six (6) sacks (564 pounds) of
cementitious material per cubic yard.
PORTLAND CEMENT:
All cement used shall be of one brand and shall conform to A.S.T.M. C150 Type II
Supplementary Cementitious Materials shall conform to Section 90-1.02B(3). Results
of certified tests made by recognized testing laboratory shall be furnished by the
cement manufacturer on request of the Engineer
AGGREGATES:
Aggregates for portland cement concrete shall conform to Section 90-2.02C of the
State of California, Department of Transportation, Standard Specifications latest
edition.
Combined aggregate grading shall conform to the one (1”) inch maximum
requirements of Section 90-1.02C(4)(d) of the State of California, Department of
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Transportation, Standard Specifications latest edition.
WATER:
Water for washing aggregates and for mixing portland cement concrete shall conform
to Section 90-1.02D of the State of California, Department of Transportation, Standard
Specifications latest edition.
ADMIXTURES:
No admixtures, accelerators, or retarders shall be allowed without the express
approval of the Engineer.
EXPANSION JOINTS:
Expansion joints shall consist of prepared strips of three-eighths (3/8”) inch thick
premolded joint filler conforming to the specifications of A.S.T.M. Designation: D-1751.
CURING:
All Portland cement concrete surfaces shall be cured using a portland cement concrete
curing compound No. 4 or 5 meeting the requirements of State of California,
Department of Transportation, Standard Specifications Section 90-1.03B(3)(b)of the
latest edition of the State of California Standard Specifications.
HOT MIX ASPHALT (HMA) REPLACEMENT:
This work shall conform to Section 39, HOT MIX ASPHALT, Section 92, ASPHALTS,
and Section 94, ASPHALTIC EMULSIONS of the State of California, Department of
Transportation, Standard Specifications latest edition, with the exceptions noted in
these Provisions. The HMA shall be ½” Type A with PG 64-10,
The work shall include saw cutting and/or grinding of asphalt, removal of asphalt and
affected subgrade and replacement of asphalt as specified in these Provisions and as
directed by the Engineer.
Prior to starting work, the Contractor shall submit Job Mix Formula on CEM 3511 and
3512 forms. A CEM 3513 is not required.
CERTIFICATES OF COMPLIANCE:
Contractor shall furnish to the Engineer a Certificate of Compliance signed by the
manufacturer of the plant mix portland cement concrete and Hot Mix Asphalt.
Certificate of Compliance shall state that the portland cement concrete and asphaltic
cement concrete furnished complies in all respects with the requirements of the
specifications. A Certificate of Compliance shall be furnished with each lot of material
delivered to the work and the lot so certified shall be clearly identified in the Certificate.
1.03 TRAFFIC CONTROL AND PEDESTRIAN SAFETY
The Contractor shall provide traffic control in the form of placing warning signs, markers
and devices in accordance with the California MUTCD (latest edition) and as required
by the Engineer. When necessary to provide for public safety or convenience, either
for vehicles, pedestrians or bicyclist, the Contractor shall provide flaggers as
necessary. During non-work hours, the Contractor shall post signs and warning
devices to safely direct pedestrians and bicyclist around the work area. All open
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excavations shall be pretected with barricades with flashing beacons for night time
visibility. See Traffic Control Specifications for additional requirements.
Contractor shall not unnecessarily interfere with use of any roadway, walkway or other
facility for vehicular or pedestrian traffic. Before beginning any interference and only
with City’s prior concurrence, Contractor may provide detour or temporary bridge for
traffic to pass around or over the interference, which Contractor shall maintain in
satisfactory condition as long as interference continues. Unless otherwise provided in
the Contract Documents, Contractor shall bear the cost of these temporary facilities.
Any equipment to be staged within the public right away must be approved in advance
by the Public Works Inspector. Barricades equipped with flashing beacons shall be
used to protect the public and provide nighttime visibility.
1.04 CONSTRUCTION METHODS
SUBGRADE PREPARATION:(Portland Cement Concrete & Asphaltic Concrete)
The existing material shall be excavated to the required depth per the City of
Cupertino Standard Details or Caltrans Standard Plans (latest edition), as is
applicable. The finished subgrade immediately prior to placing subsequent material
thereon shall have a relative compaction of ninety (90%) percent for a depth of 0.5
foot as determined by State of California Test Method No. 216. The subgrade shall
be smooth and true to the required grade. Immediately prior to the placing of cushion
for portland cement concrete, the subgrade shall be thoroughly saturated with water.
Ponded water shall not be permitted.
CUSHION:
The base material underlying existing sidewalk, curb and gutter or other portland
cement concrete improvements is considered acceptable for this work. The
Contractor will be required to bring the material to the proper grade and to consolidate
by watering. The project engineer will determine when the required moisture content
has been obtained. If additional cushion material is required due to grade changes,
base material uncontaminated by native soil from other locations or ¾” Class 2
aggregate base may be used.
FORMS:
Forms shall be smooth on the side placed next to the portland cement concrete, and
shall have a true smooth upper edge and shall be sufficiently rigid to withstand the
pressure and tamping of fresh portland cement concrete without distortion. Timber
forms shall be free from warping of deformation.
All forms shall be thoroughly cleaned and coated with form oil to prevent the portland
cement concrete from adhering to them.
The depth of forms for back of curbs shall be equal to the full depth of the curb. The
depth of face forms for portland cement concrete curbs shall be equal to the full face
height of the curb. The gap between the bottom of the form and the subgrade shall
not exceed 1 inch. Forms shall be set carefully to alignment and grade and shall be
held rigidly in place by stakes, spreaders, or clamps, and shall be braced so that no
displacement will occur during the working of the portland cement concrete. For other
than short radius curves, timber forms shall be nominal two (2”) inch stock.
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All concrete placement shall be confined and no neat (earth confined) placement shall
be allowed. When allowed by the engineer, concrete may be placed neatly against
asphaltic concrete.
Contractor is required to coordinate construction with Aldo Corral, Public Works
Inspector (408) 777-3353 a minimum of 48 hours in advance. Inspection of base
material, concrete forms and dowels is required prior to pour.
PLACEMENT:
All portland cement concrete shall be used while fresh and before it has taken an initial
set. Retempering any partially hardened portland cement concrete with additional
water shall not be permitted.
Where pavement or surfacing is to be placed around or adjacent to manholes, drop
inlets, or catch basins, which will be located within traffic lanes, such structures shall
not be constructed to final grade until after the pavement or surfacing has been placed
around these locations.
Portland cement concrete shall be poured continuously between joints and brought to
the required section as the work progresses.
JOINTS (CURB AND GUTTER):
Expansion joints shall be installed at each side of structures and at the ends of curb
returns. Weakened plane joints shall be constructed at ten (10’) foot maximum
intervals. Weakened plane joints shall be cut to a minimum depth of one and one-
fourth (1-1/4”) inch with a tool that leaves corners rounded and insures a free
movement of the portland cement concrete at the joint. The joint shall have a minimum
width of one-eighth (1/8th) inch and shall not exceed one-fourth (1/4”) inch.
JOINTS (SIDEWALK):
Expansion joints shall be constructed at all returns and opposite expansion joints in
adjacent curb. Where curb is not adjacent, expansion joints shall be constructed at
intervals of sixty (60’) foot maximum intervals and opposite weakened plane joints in
adjacent curb. Joints shall be constructed at right angle to the line of curb and to the
same depth and width as for curb and gutter.
Score lines shall be constructed at five (5’) foot intervals at right angle to the line of
curb. For sidewalk eight (8’) feet or over in width, a score line parallel to the line of
curb shall be constructed midway between back of curb and back of walk.
Score line shall be made with a scoring tool which will make a rounded line of uniform
width and depth of one-fourth (1/4”) inch. A score line parallel to the face of curb shall
be constructed six (6”) inches from the face of the curb.
TOLERANCE:
The top and face of the curb and gutter, the flowline of the curb and gutter, and the
surface of the sidewalk shall not vary more than one-fourth (1/4”) inch for the edge of
an eight (8’) foot straight edge when placed against the surface, except at grade
changes or curves.
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FINISH:
Fresh portland cement concrete shall be struck off and compacted until a layer of
mortar has been brought to the surface. The surface shall be finished to grade and
cross section with a float, troweled smooth, and finished with a broom. The finish and
texture of the portland cement concrete shall be approved by the Engineer. Portland
cement concrete adjacent to expansion joints shall be finished with an edger tool.
Brooming shall be transverse to the line of traffic.
HMA PLACEMENT:
All asphalt replacement area finish surfaces must be smooth, uniform and match
existing grades. Application of asphalt and asphaltic emulsion must be neat, with
surrounding areas kept clean. Asphalt replacement thickness shall be 6 inches. The
HMA shall be placed in two lifts with the top lift no less than 1-3/4 inches thick. The
HMA shall be placed using the Method Specification for compaction as amended in
writing by the Engineer prior to the work. Any broken edges of existing pavement
shall be sawcut immediately prior to paving. Tack coat shall be placed on the vertical
edges of both the existing HMA and concrete prior to the base course paving and
again prior to the paving of the surface course.
1.05 TREE ROOTS & TREE DAMAGE
Contractor shall notify the Engineer of any roots discovered which are larger than two
inches in diameter. No root larger than 2 inches in diameter shall be removed
without expressed permission from the City Engineer and the Tree/Right of Way
Supervisor (Jonathan Ferrante 408.777.3343). Where work occurs adjacent to or
over tree roots, the roots shall be removed to a minimum depth of six inches (6")
below the bottom or side of the new portland cement concrete. Root removal shall be
achieved by mechanical root pruning, supersonic air tool root pruning, or approved
equal. Cuts on tree roots and barks or skins or cuts on trees shall be treated with an
acceptable sealer and growth inhibitor such as Tre-hold. Payment for this work shall
be considered as included in the price for removal and replacement.
1.06 TREE TRUNK PROTECTION
In situations where a protected tree remains in the immediate area of intended
construction and the tree may be in danger of being damaged by construction
equipment or other activity, the contractor or subcontractor shall protect the tree with
“2x4” lumber encircled with wire or other means that do not damage the tree. The intent
is to protect the trunk of the tree against incidental contact by large construction
equipment
1.07 REMOVAL OF PARK STRIP IMPROVEMENTS
At some locations, it will be necessary to remove existing concrete improvements
made by property owners in the public right of way. If such removals are necessary,
the limit of removal shall be sawcut to full depth of the existing concrete. After removal
and construction of the new concrete facilities, the remaining area shall be backfilled
with topsoil approved by the Engineer. Any
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1.08 EXISTING IMPROVEMENTS
Where irrigation systems, landscaping, fences, mailboxes, signs, and other
improvements exist adjacent to the work, the Contractor shall use reasonable caution
to ensure that no damage is caused. If damage to these improvements does occur,
the Contractor shall replace in kind or with an acceptable substitute, at his expense.
When repairs to sidewalks and driveways adjacent to property line occur, there may
be instances where on-site flat work (driveways and walkways) on private property will:
1. Interfere with the repair of existing public improvements.
2. Be incompatible with the new sidewalk, curb and gutter grades.
3. Be out of repair to the extent that the hardscape is hazardous to pedestrian
traffic.
4. Present a restriction to the street tree's natural growing space.
In these situations, it may become necessary for the City's Contractor to remove and
replace portions of the on-site flat work. The costs for the removal and replacement of
private portland cement concrete improvements will be paid at contract unit prices.
The costs for removal and replacement of private improvements other than portland
cement concrete and/or asphalt will be negotiated on a case by case basis with the
Engineer. On-site removal and replacement will be only as directed by the Engineer
and no extension of quantities will be allowed without prior approval.
For decorative hardscape and landscape areas (parkstrip portland cement concrete,
mow strips, etc.) the cost for the replacement of voluntary and private improvements
within the public right-of-way shall remain the sole responsibility of the abutting
property owner. In no instance shall the replaced hardscape be within three (3) feet of
the base of any street tree, or in any way present a restriction to the natural growth of
the street tree,or interfere with any public utility within the parkstrip. All such work shall
require a permit from the City of Cupertino separate from this project.
1.09 CLEANUP AND BACKFILLING
The construction area shall be kept neat and safe. Forms shall be removed from the
edge of portland cement concrete within two (2) days and be kept in neat piles, not
scattered about, and nails in boards shall be turned under, bent over, or removed.
Removed nails shall be cleaned up and removed from site.
After forms are removed, portland cement concrete edges shall be backfilled and raked
smooth with clean and suitable topsoil. Said topsoil material shall also be used to
backfill and bring to an acceptable grade area where portland cement concrete or other
paving material is removed, but not replaced.
The Contractor shall clean all areas occupied by him in connection with the work, and the
entire area shall be left in a neat, clean and presentable condition, within seven days of
completion. All asphalt replacement shall be completed, brought to finish grade
with asphaltic concrete within thirty (30) calendar days of removal. Upon removal of
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forms, all edges of concrete are to be backfilled. When the edge is lip of gutter, backfill
material will be compacted class II aggregate base or asphalt concrete. Any residue left
from said cutting operations shall be cleaned and removed per the nonpoint source
pollution control best management practices. All cleanup shall be performed as required
by the Engineer.
1.10 WORK AREAS
The Engineer, whenever possible, will arrange the work so that all of the work required
to be done in a section of the City will be scheduled continuously. However, curb
ramps and curb and gutter work on streets to be paved in 2026 will be first priority.
Any concrete removed must be replaced by end of same business week. No open
excavations will be allowed over weekends or holidays. The Engineer shall have the
right to limit the amount of removed concrete which may be opened or partly opened
at any time.
The majority of work items will occur on various residential streets throughout the City
with parking on either side of the street and a 25 miles per hour speed limit. All other
work will occur on arterial / collector streets. These streets include, but are not limited
to:
De Anza Blvd.
McClellan Rd
Homestead Rd
Stelling Rd
Stevens Creek Blvd
1.11 LIQUIDATED DAMAGES
Failure to clean any construction debris which has entered a catch basin or storm
drain pipe by the end of the working day may results in liquidated damages of
$500 per calendar day per location.
Failure to replace excavated concrete by the end of the work week may result in
liquid damages of $250 per calendar day per location.
Failure to place aggregate base between new concrete and edge of pavement
upon removal of forms may result in liquidated damages of $200.00 per day per
location
For the purposes of this section, Each area of noncontiguous concrete removed
is considered a unique location.
LIST OF DETAILS
Detail No. Title
1-16 STANDARD CURB SECTIONS
1-18 STANDARD VALLEY GUTTER
1-19 SIDEWALKS DETAILS
1-20 DRIVEWAY DETAIL – DETACHED SIDEWALK
1-21 DRIVEWAY DETAIL – MONOLITHIC SIDEWALK
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1-21B DRIVEWAY DETAIL – MONOLITHIC SIDEWALK OPTION 2
1-23 DOWEL CONNECTIONS
3-2 STANDARD DROP INLET – CURB OPENING
A88A CALTRANS REVISED STANDARD PLAN – CURB RAMP DETAILS
6-3 TREE TRUNK PROTECTION
DL-1 CAST IRON GRATE & FRAME DETAILS - I-3602-02 & I-3602-R1
DL-2 CAST IRON HOOD DETAIL – I-3602
RS-1 GALV. GRATE DETAIL – 24-10S RECTICULINE GRATE
RS-2 GALV. FRAME DETAIL – 24” HEAVY FRAME
RS-3 HEAVY CURB ANGLE DETAIL – 48” x 2.5” HEAVY CURB ANGLE
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TRAFFIC CONTROL SPECIFICATIONS
The Contractor shall submit traffic control plans to the Engineer for approval five (5) working days
prior to the pre-construction meeting. Traffic control plans shall conform to the requirements in
item number 20 below. All cost and expense for traffic control shall be included in the bid prices
for various bid items and no special compensation shall be allowed.
1. The Contractor shall conduct operations and schedule cleanup so as to cause the least
possible obstruction and inconvenience to traffic, pedestrians, cyclists and adjacent
property owners. All work areas shall be swept clean at the end of each day’s work and
at other times when directed by the Engineer. A mobile street sweeper shall be used
wherever practical and dust shall be suppressed to the satisfaction of the Engineer.
2. The Contractor shall protect open excavations, trenches, and such during construction
with fences, covers, and railings as required, together with signs, lights, and other warning
devices sufficient to maintain safe pedestrian, bicycle and vehicular traffic to the
satisfaction of the Engineer. No open excavations will be allowed over Saturday or
Sunday.
3. Damage done by the Contractor during the course of the work to adjacent City, public or
private property shall be repaired in kind, or as directed by the Engineer, at the
Contractor’s expense. This includes the repair of traffic loop detectors, striping, signing,
curb markings, etc. Loop detectors must be repaired within one week of the damage.
4. The work of restoration, including backfilling, repair of existing systems (irrigation, etc.),
transitioning to existing improvements and cleanup, at each location, shall be diligently
pursued to completion and no location shall the work be left partially completed for more
than seven working days.
5. The Contractor's employees are subject to all parking regulations in effect in the City of
Cupertino.
6. The Engineer shall have the right to limit the amount of removed concrete which may be
opened or partly opened at any time. No more than 300 feet of removed concrete shall
be left open at any one time.
7. All excavations must be backfilled or properly delineated for pedestrian / vehicle traffic at
the end of each work day.
8. The Contractor shall not remove the barricades in the street at any given location until the
asphalt concrete patching adjacent to the gutter has been done and a hazard to bicycles,
pedestrians and motorists no longer exists.
9. Spillage resulting from hauling operations along or across any public traveled way shall
be removed immediately by the Contractor at his expense.
10. The Contractor shall place barricades 50 feet on center at the gutter joints and provide
one working flasher for each barricade and shall ensure that each flasher is maintained
in working condition while in use. The Contractor shall not remove the barricades in the
2025 Concrete Reconstruction Project Traffic Control Specifications
Project# 2025-103
Page 101
street at any given location until the asphalt concrete patching adjacent to the gutter has
been done and the hazard to bicyclists and motorists no longer exist.
11. Contractor shall maintain access to all driveways except when actually doing construction
within the driveway boundaries, at which time partial access will 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 is to be closed for construction work, prior
written approval must be obtained from the property owners and the Engineer. Notice
shall be posted by the Contractor 72 hours in advance stating the approximate time the
driveway will be closed and reopened.
12. City of Cupertino Truck Routes shall be used for all hauling. Hauling within 500’ of any
public school is prohibited between 7:00 AM and 9:30 AM and 2:00 PM to 4:00 PM.
Contractor is responsible for identifying locations of schools and planning haul routes
accordingly.
13. Contractor shall obtain a Transportation permit from the Public Works Department for any
vehicle which exceeds weight or dimensions prescribed in the California Vehicle Code.
14. The Contractor shall supply, place, and maintain all necessary traffic control devices
during construction in accordance with the applicable requirements of the City of
Cupertino, the California Manual of Uniform Traffic Control Devices, and the traffic control
plans approved by the City.
15. All traffic control devices shall conform to Section 12 of the Caltrans Standard
Specifications. They are to be in good condition and sufficiently clean so as to be easily
visible to traffic. All signs shall be placed in positions where they convey their message
most effectively or as shown on the approved traffic control plan.
16. Signs to be used for traffic control shall conform to the requirements of the California
Manual of Uniform Traffic Control Devices. Signs that are attached to existing poles shall
not cause any damage to the poles when they are attached or removed. All of the
hardware that is used when 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” wooden
pole. The distance from the ground surface to the bottom of the sign shall be seven (7)
feet.
17. A flag-type high level warning device with three or more flags shall be used for each
direction of traffic affected, generally placed within the taper area.
18. Flashing arrow boards shall be Type A or Type II as described in Section 6F.56 of the
California Manual of Uniform Traffic Control Devices. Flashing arrow boards are required
for lane shifts and reductions and may be required for nighttime work.
19. Dated “No Parking Tow Away” signs shall be posted a minimum of 72 hours in advance
of all work requiring that cars not be parked967 on the street. Date and time of work shall
be written on signs in two-inch-high letters with a ¼-inch felt black marker. Signs shall be
posted 50 feet on center and removed immediately after the work is completed. The
Contractor must notify the project inspector with locations of posting to verify seventy-two
(72) hour notice.
2025 Concrete Reconstruction Project Traffic Control Specifications
Project# 2025-103
Page 102
20. Traffic Control Plans. A traffic control plan consistent with the following generally
applicable conditions must be approved by the Public Works Department prior to the pre-
construction meeting. The Contractor shall supply, place, and maintain all necessary
traffic control devices in accordance with the California Manual of Uniform Traffic Control
Devices and the following conditions:
Traffic control plans will include a schedule of construction showing each phase
of work and the anticipated method of handling traffic for each phase. Traffic
control plans will include a scaled drawing of the street, lane configuration,
parking, sidewalk, work area, and the location of signs and cones, etc., to warn,
direct, and guide the traffic. For all major intersections, the traffic control plan
shall reflect actual (not typical) intersection layout and indicate islands, medians,
lane lines, bike lanes, nearby driveways, and note all pavement and lane widths.
In general, Contractor shall maintain all vehicular, pedestrian, and bike
movements. No total closure of any arterial or collector street will be permitted.
City may allow closure of local residential streets but Contractor shall always
maintain local and emergency access.
The Contractor shall maintain one lane of traffic in each direction at all times on
all streets. The clear width of the lane shall be a minimum of 10 feet.
A minimum four feet clear sidewalk shall be maintained unless the work makes
closure unavoidable, in which case the sidewalk may be closed while working,
subject to the approval of the Engineer. However, an alternate pedestrian facility
must be provided for the duration of the closure. At intersections, work will be
permitted at one corner at a time so pedestrian movements can be maintained
through the intersection.
21. Work shall not restrict visibility of any traffic control device.
22. No work will be permitted within 1500 feet of school grounds until after 9:30 a.m. on school
days. Other special restrictions may be required at heavily used school crossings or
school commute routes beyond 1500 feet from the school grounds as deemed necessary
for student safety by the Engineer.
23. No closure of lanes on arterial and collector streets will be permitted between the hours
of 7 and 9 a.m. and 3:30 and 7 p.m.
24. If work will impact transit stops or transit routes, Contractor shall be required to contact
Santa Clara Valley Transportation Authority or other affected transit companies to address
relocation of facilities or rerouting of buses prior to submitting traffic control plan. Traffic
control plan should indicate what actions are being taken with regard to transit services.
25. Any work within 150 feet of any signalized intersection should be coordinated with the
Traffic Signal Technician at (408) 777-1366.
26. All signs and other warning devices shall be provided by the Contractor and shall become
his property after completion of the Contract. The cost of providing, installing and
maintaining signs, lights, caution tape, delineators, flares, barricades and other facilities
2025 Concrete Reconstruction Project Traffic Control Specifications
Project# 2025-103
Page 103
as directed by the Engineer for the convenience and direction of public traffic shall be
included in the prices paid for the various items of work involved in the project.
27. The above requirements are a minimum and do not limit the Contractor’s responsibility of
doing all that is practical and necessary to ensure the safety of workers, pedestrians,
bicyclists, and motorists. The Contractor shall conform to the above traffic control
requirements which are generally applicable to most common situations. Based on the
nature of a job, additional conditions or exceptions to the above conditions may be
necessary.
2025 Concrete Reconstruction Project Details
Project# 2025-103
Page 104
DETAILS
Details applicable to this project are included within the following pages of this section; however,
they may not cover all applicable conditions. The Contractor shall refer to the City’s complete and
most current set of standard details available at the following link:
https://www.cupertino.gov/Your-City/Departments/Public-Works/Permitting-Development-
Services/Engineering-Standards-Policies-Procedures
2025 Concrete Reconstruction Project Details
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Page 105
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END OF DETAILS
2025 Concrete Reconstruction Project Truck Traffic Restrictions
2025-103
Page 121
2025 Concrete Reconstruction Project Blue Print for a Clean Bay
2025-103
Page 122
`
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
124613 OPEN 09/29/2022 21391 Milford Dr (21401 Milford Dr
Proposed Curb 0.00 9.00
Proposed DI Reconstruct 0.00 1.00
0.00Total:
131232 OPEN 03/07/2023 21151 GRENOLA DR
Proposed Sidewalk 0.00 38.30
Proposed Curb 0.00 9.50
0.00Total:
131236 OPEN 03/07/2023 21076 GRENOLA DR
Proposed Driveway 0.00 47.00
0.00Total:
131660 OPEN 03/21/2023 21044 LAURETTA DR, CUPERTINO
Proposed Sidewalk 0.00 56.30
Proposed Curb 0.00 12.50
0.00Total:
167023 OPEN 06/06/2025 10523 ESQUIRE PL*
Proposed Sidewalk 0.00 94.50
0.00Total:
169057 OPEN 08/19/2025 21008 HAZELBROOK DR
Proposed Sidewalk 0.00 260.00
Proposed Curb Ramp 0.00 1.00
Proposed Curb 0.00 48.75
0.00Total:
169908 OPEN 09/10/2025 21343 DEXTER DR
Proposed Sidewalk 0.00 40.50
Proposed Curb 0.00 20.25
0.00Total:
170073 OPEN 09/12/2025 10709 NATHANSON AVE
Proposed Driveway 0.00 135.50
Proposed Sidewalk 0.00 38.25
0.00Total:
170232 OPEN 09/17/2025 10485 BREWER AVE
Proposed Sidewalk 0.00 128.25
0.00Total:
170237 OPEN 09/17/2025 21344 DEXTER DR
Proposed Sidewalk 0.00 36.00
Work Zone 1 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
Proposed Curb 0.00 21.00
0.00Total:
170933 OPEN 10/10/2025 10610 CASTINE AVE
Proposed Driveway 0.00 31.50
Proposed Driveway 0.00 22.50
0.00Total:
171071 OPEN 10/15/2025 10705 FLORA VISTA AVE
Proposed Valley Gutter 0.00 280.00
0.00Total:
0.00
Work Zone 1 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
124594 OPEN 09/29/2022 SE corner Saich & Alves
Proposed Curb 0.00 4.00
Proposed DI Reconstruct 0.00 1.00
0.00Total:
124615 OPEN 09/29/2022 NORTH END OF BEARDON DR***
Proposed DI Reconstruct 0.00 1.00
0.00Total:
166694 OPEN 05/29/2025 20846 Greenleaf dr
Proposed Sidewalk 0.00 32.00
0.00Total:
170409 OPEN 09/24/2025 10511 GLENCOE DR
Proposed Valley Gutter 0.00 280.00
0.00Total:
170505 OPEN 09/26/2025 10431 N DE ANZA BLVD *
Proposed Sidewalk 0.00 50.00
0.00Total:
0.00
Work Zone 2 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
113555 OPEN 10/04/2021 21484 SHANNON CT
Proposed Sidewalk 0.00 27.00
0.00Total:
122623 OPEN 07/27/2022 1056 BUBB RD
Proposed Sidewalk 0.00 50.00
Proposed Driveway 0.00 50.00
Proposed Parkstrip 0.00 32.50
0.00Total:
131534 OPEN 03/16/2023 21405 HOLLY OAK DR, CUPERTIN
Proposed Sidewalk 0.00 49.50
Proposed Parkstrip 0.00 87.75
Proposed Curb 0.00 10.50
0.00Total:
131538 OPEN 03/16/2023 10796 CRANBERRY DR, CUPERTI
Proposed Curb 0.00 9.00
Proposed Driveway 0.00 133.40
0.00Total:
131541 OPEN 03/16/2023 10806 CRANBERRY DR
Proposed Sidewalk 0.00 108.00
0.00Total:
131543 OPEN 03/16/2023 1010 CRANBERRY DR, CUPERTIN
Proposed Driveway 0.00 79.00
0.00Total:
131544 OPEN 03/16/2023 1008 CRANBERRY DR, CUPERTIN
Proposed Sidewalk 0.00 139.20
Proposed Driveway 0.00 73.10
0.00Total:
131546 OPEN 03/16/2023 1025 CRANBERRY DR, CUPERTIN
Proposed Driveway 0.00 229.70
0.00Total:
153181 OPEN 07/18/2024 821 BUBB RD
Proposed Sidewalk 0.00 78.00
Proposed Sidewalk 0.00 13.00
Proposed Driveway 0.00 232.75
0.00Total:
168326 OPEN 07/28/2025 1018 PENNINGTON LN
Work Zone 3 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
Proposed Sidewalk 0.00 38.25
0.00Total:
168328 OPEN 07/28/2025 1019 PENINGTON LN
Proposed Sidewalk 0.00 92.25
0.00Total:
168451 OPEN 07/30/2025 1022 CRANBERRY DR
Proposed Sidewalk 0.00 19.50
Proposed Driveway 0.00 129.50
Proposed Parkstrip 0.00 39.00
0.00Total:
168464 OPEN 07/30/2025 1018 CRANBERRY DR
Proposed Sidewalk 0.00 96.75
Proposed Parkstrip 0.00 104.00
0.00Total:
168466 OPEN 07/30/2025 7933 CRANBERRY CIR (CRANBER
Proposed Sidewalk 0.00 29.25
0.00Total:
168480 OPEN 07/30/2025 8027 Pumpkin Dr *
Proposed Sidewalk 0.00 67.50
0.00Total:
168913 OPEN 08/13/2025 21485 HOLLY OAK DR
Proposed Sidewalk 0.00 81.00
Proposed Driveway 0.00 22.50
Proposed Curb Ramp 0.00 1.00
Proposed Curb 0.00 13.00
0.00Total:
168915 OPEN 08/13/2025 21486 HOLLY OAK DR
Proposed Curb 0.00 31.00
Proposed Sidewalk 0.00 258.00
Proposed Parkstrip 0.00 308.25
0.00Total:
168916 OPEN 08/13/2025 21455 HOLLY OAK DR
Proposed Driveway 0.00 164.75
0.00Total:
168918 OPEN 08/13/2025 21445 HOLLY OAK DR
Proposed Sidewalk 0.00 40.50
Work Zone 3 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
0.00Total:
168946 OPEN 08/14/2025 21435 HOLLY OAK DR
Proposed Sidewalk 0.00 40.50
0.00Total:
168947 OPEN 08/14/2025 21405 HOLLY OAK DR
Proposed Sidewalk 0.00 49.50
Proposed Parkstrip 0.00 87.75
0.00Total:
168948 OPEN 08/14/2025 10806 CRANBERRY DR
Proposed Sidewalk 0.00 123.75
0.00Total:
168949 OPEN 08/14/2025 10816 CRANBERRY DR
Proposed Sidewalk 0.00 13.50
0.00Total:
168955 OPEN 08/14/2025 1034 PENNINGTON LN
Proposed Sidewalk 0.00 67.50
0.00Total:
168956 OPEN 08/14/2025 1173 STAFFORD DR
Proposed Sidewalk 0.00 46.00
0.00Total:
168958 OPEN 08/14/2025 11350 BUBB RD
Proposed Sidewalk 0.00 47.25
0.00Total:
93021 OPEN 03/29/2019 1052 BUBB RD **
Proposed Sidewalk 0.00 40.00
Proposed Parkstrip 0.00 16.25
0.00Total:
0.00
Work Zone 3 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
124209 OPEN 09/20/2022 1077 NOVEMBER DR
Proposed Curb 0.00 49.50
0.00Total:
124210 OPEN 09/20/2022 1075 NOVEMBER DR
Proposed Sidewalk 0.00 45.00
0.00Total:
127921 OPEN 12/19/2022 1025 NOVEMBER DR, CUPERTINO
Proposed Parkstrip 0.00 88.40
0.00Total:
127930 OPEN 12/20/2022 1024 NOVEMBER DR, CUPERTINO
Proposed Sidewalk 0.00 153.00
0.00Total:
130468 OPEN 02/07/2023 7886 FIESTA LN
Proposed Sidewalk 0.00 181.40
0.00Total:
130472 OPEN 02/07/2023 1006 SEPTEMBER DR
Proposed Sidewalk 0.00 49.50
0.00Total:
130478 OPEN 02/07/2023 1010 SEPTEMBER DR
Proposed Sidewalk 0.00 137.30
Proposed Driveway 0.00 129.00
0.00Total:
130483 OPEN 02/07/2023 1018 SEPTEMBER DR
Proposed Driveway 0.00 246.80
0.00Total:
130772 OPEN 02/16/2023 1095 NOVEMBER DRIVE
Proposed Sidewalk 0.00 114.75
0.00Total:
130774 OPEN 02/16/2023 1092 NOVEMBER DRIVE
Proposed Curb 0.00 42.50
0.00Total:
130815 OPEN 02/17/2023 7883 CREEKLINE DR
Proposed Sidewalk 0.00 72.00
Proposed Curb 0.00 12.60
0.00Total:
131402 OPEN 03/13/2023 7827 Creekline Dr, Cupertino, CA 9
Proposed Driveway 0.00 136.80
0.00Total:
Work Zone 4 Locatioins
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
131406 OPEN 03/13/2023 7820 CREEKLINE DR
Proposed Sidewalk 0.00 132.80
Proposed Driveway 0.00 56.00
0.00Total:
131409 OPEN 03/13/2023 903 NOVEMBER DR
Proposed Sidewalk 0.00 45.00
Proposed Driveway 0.00 252.00
0.00Total:
131410 OPEN 03/13/2023 909 NOVEMBER DR
Proposed Sidewalk 0.00 79.00
Proposed Curb 0.00 14.00
0.00Total:
131772 OPEN 03/23/2023 988 SEPTEMBER DR, CUPERTINO
Proposed Driveway 0.00 205.20
Proposed Curb 0.00 13.60
0.00Total:
131773 OPEN 03/23/2023 834 SEPTEMBER DR, CUPERTINO
Proposed Driveway 0.00 181.40
0.00Total:
132072 OPEN 04/03/2023 7894 FIESTA LN
Proposed Sidewalk 0.00 42.80
0.00Total:
132112 OPEN 04/04/2023 982 NOVEMBER DR
Proposed Sidewalk 0.00 92.30
Proposed Driveway 0.00 11.30
0.00Total:
132114 OPEN 04/04/2023 7891 FIESTA LN
Proposed Sidewalk 0.00 135.00
0.00Total:
132120 OPEN 04/04/2023 7890 FIESTA LN
Proposed Sidewalk 0.00 32.40
0.00Total:
132225 OPEN 04/06/2023 938 NOVEMBER DR
Proposed Sidewalk 0.00 63.00
0.00Total:
132274 OPEN 04/10/2023 946 NOVEMBER DR
Proposed Sidewalk 0.00 118.40
Work Zone 3 Locatioins
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
0.00Total:
136587 OPEN 07/20/2023 7920 AUGUST LN **
Proposed Sidewalk 0.00 106.00
0.00Total:
145675 OPEN 11/22/2023 842 September Dr**
Proposed Driveway 0.00 29.60
0.00Total:
148173 OPEN 02/21/2024 842 SEPTEMBER DR.
Proposed Driveway 0.00 57.50
0.00Total:
148174 OPEN 02/21/2024 834 SEPTEMBER DR.
Proposed Curb 0.00 9.70
0.00Total:
151609 OPEN 06/03/2024 1039 NOVEMBER DR
Proposed Sidewalk 0.00 90.00
0.00Total:
168524 OPEN 07/31/2025 7702 Tomki Ct *
Proposed Sidewalk 0.00 200.25
0.00Total:
0.00
Work Zone 3 Locatioins
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
116373 OPEN 01/10/2022 7969 SUNDERLAND DR___
Proposed Sidewalk 0.00 67.50
0.00Total:
123421 OPEN 08/22/2022 1248 WEYMOTH DR ________
Proposed Sidewalk 0.00 45.00
0.00Total:
124592 OPEN 09/29/2022 1170 Yorkshire Dr
Proposed Curb 0.00 20.50
Proposed Sidewalk 0.00 87.75
Proposed DI Reconstruct 0.00 1.00
0.00Total:
131980 OPEN 03/30/2023 1188 ELMSFORD DR, CUPERTINO
Proposed Sidewalk 0.00 53.10
0.00Total:
131981 OPEN 03/30/2023 1187 ELMSFORD DR, CUPERTINO
Proposed Driveway 0.00 171.90
0.00Total:
131982 OPEN 03/30/2023 7886 BELKNAP DR, CUPERTINO,
Proposed Sidewalk 0.00 72.00
Proposed Driveway 0.00 170.50
0.00Total:
131987 OPEN 03/30/2023 7876 BELKNAP DR, CUPERTINO,
Proposed Sidewalk 0.00 44.60
Proposed Driveway 0.00 9.00
0.00Total:
132015 OPEN 03/31/2023 7864 BELKNAP DR, CUPERTINO,
Proposed Sidewalk 0.00 31.60
Proposed Driveway 0.00 22.50
0.00Total:
134560 OPEN 05/31/2023 1211 BELKNAP CT
Proposed Sidewalk 0.00 110.25
Proposed Driveway 0.00 93.50
0.00Total:
148745 OPEN 03/06/2024 1112 ELMSFORD DR, CUPERTINO
Proposed Sidewalk 0.00 138.96
0.00Total:
149057 OPEN 03/18/2024 1206 STAFFORD DR
Work Zone 5 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
Proposed Sidewalk 0.00 65.25
0.00Total:
154099 OPEN 08/05/2024 1186 STAFFORD DR
Proposed Driveway 0.00 162.00
0.00Total:
157211 OPEN 09/09/2024 7995 FOLKESTONE DR
Proposed Driveway 0.00 202.50
Proposed Sidewalk 0.00 129.50
0.00Total:
157216 OPEN 09/09/2024 1121 STAFFORD DR
Proposed Sidewalk 0.00 66.40
0.00Total:
158280 OPEN 10/10/2024 7967 FOLKESTONE DR
Proposed Sidewalk 0.00 114.75
0.00Total:
168793 OPEN 08/11/2025 1220 YORKSHIRE DR
Proposed Sidewalk 0.00 96.75
0.00Total:
168794 OPEN 08/11/2025 1212 YORKSHIRE DR
Proposed Sidewalk 0.00 123.75
0.00Total:
168795 OPEN 08/11/2025 1204 YORKSHIRE DR
Proposed Sidewalk 0.00 119.25
0.00Total:
168796 OPEN 08/11/2025 1203 BELKNAP CT
Proposed Sidewalk 0.00 137.25
0.00Total:
168875 OPEN 08/12/2025 1202 BELKNAP CT
Proposed Sidewalk 0.00 22.50
0.00Total:
168957 OPEN 08/14/2025 1174 BUBB RD
Proposed Sidewalk 0.00 92.25
Proposed Curb Ramp 0.00 1.00
Proposed Sidewalk 0.00 72.00
0.00Total:
168959 OPEN 08/14/2025 1179 STAFFORD DR
Proposed Sidewalk 0.00 90.00
0.00Total:
Work Zone 5 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
171397 OPEN 10/29/2025 7949 RAINBOW DR
Proposed Sidewalk 0.00 45.00
Proposed Driveway 0.00 49.50
0.00Total:
0.00
Work Zone 5 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
123162 OPEN 08/10/2022 1110 MILKY WAY
Proposed Sidewalk 0.00 157.50
Proposed Driveway 0.00 27.00
0.00Total:
123167 OPEN 08/10/2022 1104 MILKY WAY
Proposed Sidewalk 0.00 51.75
Proposed Driveway 0.00 33.75
0.00Total:
123648 OPEN 08/31/2022 1121 S STELLING RD
Proposed Sidewalk 0.00 45.00
Proposed Parkstrip 0.00 105.00
0.00Total:
127068 OPEN 11/16/2022 7716 SQUIREHILL CT
Proposed Sidewalk 0.00 69.75
0.00Total:
130818 OPEN 02/17/2023 7778 ROBINDELL WAY
Proposed Sidewalk 0.00 126.00
0.00Total:
132696 OPEN 04/25/2023 7811 ORION LN
Proposed Sidewalk 0.00 402.50
0.00Total:
132709 OPEN 04/25/2023 1125 MILKY WAY (DERBYSHIRE D
Proposed Sidewalk 0.00 74.30
0.00Total:
134094 OPEN 05/18/2023 7739 SQUIREHILL CT
Proposed Driveway 0.00 130.00
0.00Total:
154718 OPEN 08/19/2024 7779 ROBINDELL WAY
Proposed Sidewalk 0.00 51.75
0.00Total:
154723 OPEN 08/19/2024 1145 HUNTERSTON DR
Proposed Sidewalk 0.00 29.25
0.00Total:
154726 OPEN 08/19/2024 1139 HUNTERSTON DR
Proposed Driveway 0.00 32.60
0.00Total:
154744 OPEN 08/19/2024 1084 DERBYSHIRE DR
Proposed Sidewalk 0.00 21.70
Work Zone 6 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
0.00Total:
169494 OPEN 09/02/2025 7887 FIESTA LN
Proposed Sidewalk 0.00 108.00
Proposed Curb 0.00 14.00
0.00Total:
0.00
Work Zone 6 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
114909 OPEN 11/05/2021 21513 CONRADIA CT
Proposed Sidewalk 0.00 90.00
0.00Total:
115852 OPEN 12/09/2021 21701 LINDY LN
Proposed Sidewalk 0.00 148.50
0.00Total:
121221 OPEN 06/01/2022 21640 RAINBOW DR
Proposed DI Reconstruct 0.00 1.00
Proposed Curb 0.00 22.00
0.00Total:
121302 OPEN 06/06/2022 11430 CHARSAN LN
Proposed Sidewalk 0.00 110.00
Proposed Curb 0.00 25.00
Proposed DI Reconstruct 0.00 1.00
0.00Total:
129108 OPEN 01/03/2023 11590 Upland Way, Cupertino, CA
Proposed Driveway 0.00 11.25
0.00Total:
129110 OPEN 01/03/2023 11583 UPLAND WAY, CUPERTINO
Proposed Curb 0.00 16.50
Proposed Sidewalk 0.00 136.80
0.00Total:
129471 OPEN 01/12/2023 21502 REGNART RD (FOLKSTON
Proposed Curb 0.00 14.50
Proposed Sidewalk 0.00 90.00
0.00Total:
132476 OPEN 04/18/2023 11302 TERRA BELLA DR
Proposed Curb Ramp 0.00 1.00
0.00Total:
132477 OPEN 04/18/2023 11302 TERRA BELLA DR
Proposed Sidewalk 0.00 135.00
0.00Total:
142603 OPEN 09/05/2023 11286 TERRA BELLA DR **
Proposed Sidewalk 0.00 81.00
0.00Total:
151426 OPEN 05/30/2024 11275 TERRA BELLA DR
Proposed Sidewalk 0.00 65.25
Work Zone 7 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
0.00Total:
151427 OPEN 05/30/2024 11289 TERRA BELLA DR
Proposed Sidewalk 0.00 33.75
0.00Total:
151429 OPEN 05/30/2024 11258 TERRA BELLA DR
Proposed Sidewalk 0.00 37.50
0.00Total:
157297 OPEN 09/11/2024 21515 MONROVIA ST
Proposed Sidewalk 0.00 69.75
0.00Total:
167814 OPEN 07/08/2025 21607 VILLA MARIA CT
Proposed Sidewalk 0.00 139.50
0.00Total:
92659 OPEN 03/07/2019 11411 BUBB RD **
Proposed Sidewalk 0.00 544.50
Proposed Parkstrip 0.00 634.50
0.00Total:
0.00
Work Zone 7 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
154944 OPEN 08/26/2024 7589 ORANGE BLOSSOM DR
Proposed Sidewalk 0.00 24.75
0.00Total:
158271 OPEN 10/10/2024 7601 WATERFORD DR
Proposed Sidewalk 0.00 48.40
0.00Total:
168518 OPEN 07/31/2025 7632 Rainbow Dr
Proposed Sidewalk 0.00 51.75
0.00Total:
168520 OPEN 07/31/2025 7622 Rainbow Dr
Proposed Sidewalk 0.00 101.25
Proposed Driveway 0.00 11.25
0.00Total:
168526 OPEN 07/31/2025 7612 Rainbow dr
Proposed Sidewalk 0.00 164.25
0.00Total:
168528 OPEN 07/31/2025 7411 Rainbow Dr
Proposed Driveway 0.00 268.25
0.00Total:
168531 OPEN 07/31/2025 1283 Poppy Way
Proposed Sidewalk 0.00 40.50
0.00Total:
168534 OPEN 07/31/2025 1291 Poppy Way
Proposed Driveway 0.00 38.00
Proposed Sidewalk 0.00 27.00
Proposed Curb 0.00 5.00
0.00Total:
0.00
Work Zone 8 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
168853 OPEN 08/12/2025 1160 SCOTLAND DR
Proposed Sidewalk 0.00 22.50
0.00Total:
168854 OPEN 08/12/2025 1166 SCOTLAND DR
Proposed Sidewalk 0.00 11.25
0.00Total:
168855 OPEN 08/12/2025 1172 SCOTLAND DR
Proposed Sidewalk 0.00 29.25
0.00Total:
168856 OPEN 08/12/2025 1153 SCOTLAND DR
Proposed Sidewalk 0.00 58.50
Proposed Driveway 0.00 22.50
0.00Total:
168857 OPEN 08/12/2025 7504 HOLLANDERRY PL (SCOTLA
Proposed Sidewalk 0.00 22.50
0.00Total:
168858 OPEN 08/12/2025 1146 SCOTLAND DR
Proposed Sidewalk 0.00 66.00
0.00Total:
168861 OPEN 08/12/2025 1148 SCOTLAND DR
Proposed Sidewalk 0.00 175.50
0.00Total:
168863 OPEN 08/12/2025 1152 SCOTLAND DR
Proposed Sidewalk 0.00 74.25
0.00Total:
168864 OPEN 08/12/2025 1154 SCOTLAND DR
Proposed Sidewalk 0.00 54.00
0.00Total:
168865 OPEN 08/12/2025 1158 SCOTLAND DR
Proposed Sidewalk 0.00 45.00
0.00Total:
170522 OPEN 09/29/2025 1136 SCOTLAND DR
Proposed Sidewalk 0.00 75.00
Proposed Driveway 0.00 110.50
Proposed Parkstrip 0.00 78.00
0.00Total:
170524 OPEN 09/29/2025 20666 CLEO AVE
Proposed Sidewalk 0.00 164.25
Work Zone 9 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
Proposed Parkstrip 0.00 110.00
0.00Total:
170531 OPEN 09/29/2025 1138 SCOTLAND DR
Proposed Sidewalk 0.00 75.00
Proposed Driveway 0.00 110.50
Proposed Parkstrip 0.00 78.00
0.00Total:
171155 OPEN 10/20/2025 1152 CANDLELIGHT WAY **
Proposed Sidewalk 0.00 90.00
0.00Total:
0.00
Work Zone 9 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
104478 OPEN 08/14/2020 11141 BUBB RD
Proposed Sidewalk 0.00 121.50
Proposed Parkstrip 0.00 103.50
0.00Total:
104479 OPEN 08/14/2020 11161 BUBB RD
Proposed Parkstrip 0.00 171.00
0.00Total:
109559 OPEN 05/07/2021 11102 WILKINSON AVE/CASTLETO
Proposed Parkstrip 0.00 72.00
0.00Total:
113108 OPEN 09/20/2021 11052 BEL AIRE CT/COLUMBUS A
Proposed Sidewalk 0.00 112.50
0.00Total:
113137 OPEN 09/21/2021 21558 FLINTSHIRE ST
Proposed Sidewalk 0.00 36.00
0.00Total:
113717 OPEN 10/06/2021 11131 S BUBB RD
Proposed Sidewalk 0.00 40.50
0.00Total:
123606 OPEN 08/30/2022 11061 S BUBB RD
Proposed Curb 0.00 12.00
Proposed Retaining Curb 0.00 18.00
Proposed Curb Ramp 0.00 1.00
0.00Total:
123637 OPEN 08/31/2022 11222 CATALINA CT/ON TERRACE
Proposed Sidewalk 0.00 49.50
0.00Total:
127249 OPEN 11/22/2022 11221 BUBB RD
Proposed Curb Ramp 0.00 1.00
Proposed Parkstrip 0.00 99.00
0.00Total:
131339 OPEN 03/09/2023 11107 PALOS VERDE DR
Proposed Sidewalk 0.00 99.00
0.00Total:
131340 OPEN 03/09/2023 11116 PALOS VERDE DR.
Proposed Sidewalk 0.00 104.40
0.00Total:
131664 OPEN 03/21/2023 11101 CHADWICK PL, CUPERTINO
Work Zone 10 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
Proposed Sidewalk 0.00 69.80
0.00Total:
132816 OPEN 04/28/2023 21712 COLUMBUS AVE
Proposed Sidewalk 0.00 33.80
0.00Total:
135764 OPEN 06/27/2023 11221 MONTEREY CT ___
Proposed Sidewalk 0.00 20.00
0.00Total:
135848 OPEN 06/28/2023 21703 CASTLETON ST
Proposed Sidewalk 0.00 40.00
0.00Total:
148965 OPEN 03/14/2024 11220 PALOS VERDES CT
Proposed Sidewalk 0.00 103.25
Proposed Parkstrip 0.00 9.00
Proposed Curb 0.00 6.00
0.00Total:
148969 OPEN 03/14/2024 11236 PALOS VERDE CT
Proposed Sidewalk 0.00 139.50
Proposed Parkstrip 0.00 157.50
0.00Total:
149126 OPEN 03/20/2024 11120 CHADWICK PL
Proposed Sidewalk 0.00 97.88
Proposed Curb 0.00 13.00
0.00Total:
159589 OPEN 11/05/2024 11234 Mount crest pl
Proposed Driveway 0.00 57.50
0.00Total:
168621 OPEN 08/04/2025 11009 MARIA ROSA WAY
Proposed Sidewalk 0.00 105.75
0.00Total:
169254 OPEN 08/26/2025 11215 Mount Crest Pl #57
Proposed Curb 0.00 15.50
Proposed DI Reconstruct 0.00 1.00
0.00Total:
170227 OPEN 09/17/2025 11051 SANTA TERESA DR
Proposed Sidewalk 0.00 40.50
Proposed Curb 0.00 18.00
Work Zone 10 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
0.00Total:
170758 OPEN 10/06/2025 21731 COLUMBUS AVE
Proposed Sidewalk 0.00 74.25
0.00Total:
170766 OPEN 10/06/2025 21702 COLUMBUS AVE
Proposed Sidewalk 0.00 58.50
0.00Total:
170821 OPEN 10/07/2025 21742 columbus ave
Proposed Sidewalk 0.00 58.50
0.00Total:
171535 OPEN 11/03/2025 21618 FLINTSHIRE ST
Proposed Sidewalk 0.00 65.25
0.00Total:
92654 OPEN 03/07/2019 11247 BUBB RD
Proposed Sidewalk 0.00 90.00
Proposed Curb 0.00 12.00
0.00Total:
0.00
Work Zone 10 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
124536 OPEN 09/28/2022 821 BUBB RD
Proposed Sidewalk 0.00 50.00
Proposed Curb Ramp 0.00 1.00
Proposed Retaining Curb 0.00 18.00
0.00Total:
124830 OPEN 10/09/2022 11021 BUBB RD/COLUMBUS AVE
Proposed Curb 0.00 12.50
Proposed Curb Ramp 0.00 1.00
Proposed Retaining Curb 0.00 20.00
0.00Total:
125170 OPEN 10/21/2022 945 BUBB RD
Proposed Parkstrip 0.00 78.00
Proposed Curb 0.00 20.00
0.00Total:
132526 OPEN 04/19/2023 21710 MCCLELLAN RD
Proposed Curb Ramp 0.00 1.00
0.00Total:
134618 OPEN 06/01/2023 21796 HYANNISPORT DR
Proposed Sidewalk 0.00 18.00
0.00Total:
134624 OPEN 06/01/2023 11157 LINDA VISTA DR
Proposed Sidewalk 0.00 38.00
0.00Total:
142083 OPEN 08/23/2023 10951 SANTA TERESA DR ****
Proposed Parkstrip 0.00 56.25
0.00Total:
146638 OPEN 01/03/2024 21609 EDWARD WAY
Proposed Sidewalk 0.00 40.50
Proposed Parkstrip 0.00 27.00
0.00Total:
148261 OPEN 02/26/2024 22086 Linda Vista Pl
Proposed Sidewalk 0.00 45.00
0.00Total:
149511 OPEN 04/03/2024 10850 Santa Teresa Dr
Proposed Sidewalk 0.00 18.00
0.00Total:
154197 OPEN 08/07/2024 10846 LINDA VISTA DR
Work Zone 11 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
Proposed Sidewalk 0.00 65.25
0.00Total:
168619 OPEN 08/04/2025 21921 Columbus Ave
Proposed Sidewalk 0.00 47.25
Proposed Parkstrip 0.00 22.50
0.00Total:
169907 OPEN 09/10/2025 21527 ROSARIO AVE
Proposed Sidewalk 0.00 47.25
0.00Total:
170207 OPEN 09/17/2025 21851 Columbus Ave *
Proposed Sidewalk 0.00 18.00
0.00Total:
0.00
Work Zone 11 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
132338 OPEN 04/12/2023 10475 IMPERIAL AVE
Proposed Curb Ramp 0.00 1.00
0.00Total:
132661 OPEN 04/24/2023 21911 DOLORES AVE **
Proposed DI Reconstruct 0.00 1.00
0.00Total:
157252 OPEN 09/10/2024 10180 IMPERIAL AVE
Proposed Curb Ramp 0.00 1.00
0.00Total:
168896 OPEN 08/13/2025 21697 McClellan Rd
Proposed Sidewalk 0.00 67.50
0.00Total:
169235 OPEN 08/25/2025 10052 ORANGE AVE
Proposed Sidewalk 0.00 101.25
Proposed Parkstrip 0.00 70.00
0.00Total:
172794 OPEN 11/25/2025 BYRNE AVE/BYRNE CT
Proposed Curb 0.00 68.00
0.00Total:
0.00
Work Zone 12 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
135018 OPEN 06/12/2023 846 LILY AVE
Proposed Sidewalk 0.00 72.00
Proposed Driveway 0.00 11.25
0.00Total:
170287 OPEN 09/18/2025 843 LILY AVE
Proposed Sidewalk 0.00 90.00
0.00Total:
0.00
Work Zone 14 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
131579 OPEN 03/17/2023 JOLLYMAN PARK (TUSCANY PL),
Proposed Sidewalk 0.00 87.80
0.00Total:
133675 OPEN 05/08/2023 10745 S. DE ANZA BLVD
Proposed DI Reconstruct 0.00 1.00
Proposed Curb 0.00 47.00
0.00Total:
165753 OPEN 04/24/2025 7515 BOLLINGER RD *
Proposed Driveway 0.00 144.75
Proposed Sidewalk 0.00 90.00
Proposed Curb 0.00 14.25
0.00Total:
168561 OPEN 08/01/2025 1054 COLONY HILLS LN (FALLEN
Proposed Sidewalk 0.00 261.00
Proposed Parkstrip 0.00 57.00
Proposed Curb 0.00 33.75
0.00Total:
168562 OPEN 08/01/2025 7544 FALLENLEAF LN
Proposed Sidewalk 0.00 63.00
0.00Total:
169007 OPEN 08/18/2025 7410 HEATHERWOOD DR
Proposed Curb 0.00 6.50
Proposed Sidewalk 0.00 96.75
Proposed Curb Ramp 0.00 1.00
Proposed Driveway 0.00 159.75
Proposed Parkstrip 0.00 383.50
0.00Total:
169036 OPEN 08/18/2025 7425 HEATHERWOOD DR
Proposed Sidewalk 0.00 47.50
Proposed Driveway 0.00 162.00
Proposed Curb 0.00 13.50
0.00Total:
169038 OPEN 08/18/2025 1023 WESTLYNN WAY
Proposed Sidewalk 0.00 123.75
Proposed Curb Ramp 0.00 1.00
Work Zone 15 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
Proposed Driveway 0.00 13.50
0.00Total:
169039 OPEN 08/18/2025 7439 HEATHERWOOD DR
Proposed Sidewalk 0.00 23.50
0.00Total:
169040 OPEN 08/18/2025 7453 HEATHERWOOD DR
Proposed Sidewalk 0.00 22.50
0.00Total:
169045 OPEN 08/19/2025 7481 HEATHERWOOD DR
Proposed Sidewalk 0.00 78.75
0.00Total:
169046 OPEN 08/19/2025 7467 HEATHERWOOD DR
Proposed Sidewalk 0.00 22.50
0.00Total:
169048 OPEN 08/19/2025 7466 HEATHERWOOD DR
Proposed Sidewalk 0.00 40.50
0.00Total:
169049 OPEN 08/19/2025 7452 HEATHERWOOD DR
Proposed Sidewalk 0.00 63.00
0.00Total:
169052 OPEN 08/19/2025 7438 HEATHERWOOD DR
Proposed Sidewalk 0.00 22.50
Proposed Driveway 0.00 6.25
0.00Total:
169053 OPEN 08/19/2025 7424 HEATHERWOOD DR
Proposed Sidewalk 0.00 84.00
0.00Total:
169255 OPEN 08/26/2025 1147 Kentwood Ave #52
Proposed Curb 0.00 7.00
Proposed Sidewalk 0.00 65.25
Proposed Parkstrip 0.00 81.25
Proposed DI Reconstruct 0.00 1.00
0.00Total:
170074 OPEN 09/12/2025 7440 ROLLINGDELL DR
Proposed Sidewalk 0.00 175.50
Proposed Curb Ramp 0.00 1.00
Proposed Curb 0.00 40.00
Work Zone 15 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
Proposed DI Reconstruct 0.00 1.00
0.00Total:
170228 OPEN 09/17/2025 1139 KENTWOOD AVE *
Proposed Sidewalk 0.00 69.75
Proposed Driveway 0.00 58.50
0.00Total:
170521 OPEN 09/29/2025 1149 KENTWOOD DR
Proposed Driveway 0.00 227.50
Proposed Curb 0.00 24.50
0.00Total:
171385 OPEN 10/29/2025 7471 BOLLINGER RD
Proposed Sidewalk 0.00 92.25
0.00Total:
171386 OPEN 10/29/2025 7463 BOLLINGER RD
Proposed Sidewalk 0.00 63.00
0.00Total:
171536 OPEN 11/03/2025 7548 BOLLINGER RD
Proposed Sidewalk 0.00 36.00
0.00Total:
171540 OPEN 11/03/2025 7540 BOLLINGER RD
Proposed Sidewalk 0.00 11.25
0.00Total:
171541 OPEN 11/03/2025 7522 BOLLINGER RD
Proposed Sidewalk 0.00 13.50
0.00Total:
171546 OPEN 11/03/2025 7512 BOLLINGER RD
Proposed Sidewalk 0.00 45.00
0.00Total:
171548 OPEN 11/03/2025 7504 BOLLINGER RD
Proposed Sidewalk 0.00 103.50
0.00Total:
172456 OPEN 11/12/2025 7566 BOLLINGER RD
Proposed Curb 0.00 8.00
Proposed Sidewalk 0.00 51.75
Proposed Curb Ramp 0.00 1.00
0.00Total:
172457 OPEN 11/12/2025 7556 BOLLINGER RD
Proposed Sidewalk 0.00 81.00
Work Zone 15 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
Proposed Curb 0.00 9.50
Proposed Parkstrip 0.00 40.00
Proposed Curb Ramp 0.00 1.00
0.00Total:
0.00
Work Zone 15 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
164891 OPEN 04/01/2025 20651 MCCLELLAN RD
Proposed Sidewalk 0.00 117.00
Proposed Parkstrip 0.00 20.00
0.00Total:
168675 OPEN 08/05/2025 20662 CHERYL DR
Proposed Sidewalk 0.00 36.00
0.00Total:
168677 OPEN 08/05/2025 20682 CHERYL DR
Proposed Sidewalk 0.00 33.75
0.00Total:
168678 OPEN 08/05/2025 20631 MCCLELLAN RD
Proposed Sidewalk 0.00 72.00
Proposed Driveway 0.00 183.75
0.00Total:
168679 OPEN 08/05/2025 20621 MCCLELLAN RD
Proposed Sidewalk 0.00 110.25
Proposed Driveway 0.00 157.50
Proposed Parkstrip 0.00 36.00
0.00Total:
168680 OPEN 08/05/2025 20611 MCCLELLAN RD
Proposed Sidewalk 0.00 189.00
Proposed Driveway 0.00 123.00
Proposed Curb 0.00 29.00
0.00Total:
168686 OPEN 08/06/2025 20601 MCCLELLAN RD
Proposed Sidewalk 0.00 72.00
Proposed Curb 0.00 8.00
Proposed DI Reconstruct 0.00 1.00
0.00Total:
170526 OPEN 09/29/2025 10479 BONNY DR
Proposed Sidewalk 0.00 117.00
0.00Total:
0.00
Work Zone 16 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
152561 OPEN 07/01/2024 10402 LAS ONDAS WAY
Proposed Sidewalk 0.00 18.00
0.00Total:
154246 OPEN 08/07/2024 20011 PACIFICA DR
Proposed Sidewalk 0.00 73.12
0.00Total:
154285 OPEN 08/08/2024 10413 S BLANEY AVE
Proposed Sidewalk 0.00 121.50
0.00Total:
155013 OPEN 08/26/2024 10200 S DE ANZA BLVD
Proposed Sidewalk 0.00 50.00
0.00Total:
168624 OPEN 08/04/2025 10389 NORMANDY CT
Proposed Sidewalk 0.00 31.50
0.00Total:
168625 OPEN 08/04/2025 10319 BRITTANY CT
Proposed Sidewalk 0.00 49.50
0.00Total:
171105 OPEN 10/16/2025 10300 TORRE AVE
Proposed Sidewalk 0.00 36.00
0.00Total:
0.00
Work Zone 17 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
132420 OPEN 04/17/2023 10689 FARALLONE DR *
Proposed Sidewalk 0.00 35.00
0.00Total:
135316 OPEN 06/15/2023 20190 LYNTON CT
Proposed Sidewalk 0.00 135.00
0.00Total:
154174 OPEN 08/06/2024 10771 S BLANEY AVE
Proposed Sidewalk 0.00 72.00
0.00Total:
154176 OPEN 08/06/2024 10757 S BLANEY AVE
Proposed Curb 0.00 31.00
0.00Total:
154183 OPEN 08/06/2024 10671 S. Blaney Ave
Proposed Sidewalk 0.00 53.20
0.00Total:
154185 OPEN 08/06/2024 10647 S BLANEY AVE
Proposed Driveway 0.00 36.00
0.00Total:
154189 OPEN 08/06/2024 10577 S BLANEY AVE
Proposed Driveway 0.00 38.97
0.00Total:
154191 OPEN 08/06/2024 10553 S BLANEY AVE
Proposed Sidewalk 0.00 110.30
0.00Total:
154210 OPEN 08/07/2024 10647 S BLANEY AVE
Proposed Driveway 0.00 36.00
0.00Total:
154212 OPEN 08/07/2024 10577 S. Blaney Ave
Proposed Driveway 0.00 39.00
0.00Total:
154223 OPEN 08/07/2024 20010 PACIFICA DR
Proposed Sidewalk 0.00 24.75
0.00Total:
154283 OPEN 08/08/2024 6790 JOHN DR
Proposed Sidewalk 0.00 18.00
0.00Total:
154664 OPEN 08/15/2024 20076 LA RODA CT
Proposed Sidewalk 0.00 81.00
0.00Total:
Work Zone 18 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
156863 OPEN 08/29/2024 20064 JOHN DR
Proposed Sidewalk 0.00 56.25
0.00Total:
156871 OPEN 08/29/2024 20106 JOHN DR
Proposed Sidewalk 0.00 18.00
0.00Total:
159533 OPEN 11/04/2024 10630 S DE ANZA BLVD *
Proposed Sidewalk 0.00 58.00
0.00Total:
164398 OPEN 03/14/2025 20220 PATRIC CT
Proposed Sidewalk 0.00 65.25
Proposed Driveway 0.00 152.00
Proposed Curb 0.00 3.50
0.00Total:
164400 OPEN 03/14/2025 20210 PATRIC CT
Proposed Curb 0.00 3.00
Proposed Driveway 0.00 141.00
0.00Total:
168690 OPEN 08/06/2025 10685 MARTINWOOD WAY
Proposed Sidewalk 0.00 72.00
Proposed Parkstrip 0.00 47.25
0.00Total:
168691 OPEN 08/06/2025 10690 MARTINWOOD WAY
Proposed Sidewalk 0.00 104.60
0.00Total:
168692 OPEN 08/06/2025 10704 MARTINWOOD WAY
Proposed Sidewalk 0.00 85.50
Proposed Driveway 0.00 20.25
0.00Total:
168693 OPEN 08/06/2025 10695 MARTINWOOD WAY
Proposed Curb 0.00 13.25
Proposed Sidewalk 0.00 74.25
0.00Total:
170541 OPEN 09/29/2025 20211 PATRIC CT
Proposed Driveway 0.00 141.50
Proposed Sidewalk 0.00 29.25
Work Zone 18 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
Proposed Curb 0.00 3.00
0.00Total:
0.00
Work Zone 18 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
141947 OPEN 08/21/2023 877 BLAZINGWOOD AVE **
Proposed Sidewalk 0.00 63.00
Proposed Parkstrip 0.00 45.00
0.00Total:
155027 OPEN 08/27/2024 19887 LINDENBROOK LN
Proposed Sidewalk 0.00 32.00
Proposed Driveway 0.00 16.00
0.00Total:
155030 OPEN 08/27/2024 19911 LINDENBROOK LN
Proposed Driveway 0.00 32.80
0.00Total:
155031 OPEN 08/27/2024 19923 LINDENBROOK LN
Proposed Sidewalk 0.00 81.00
Proposed Curb 0.00 8.00
0.00Total:
155032 OPEN 08/27/2024 19935 LINDENBROOK LN
Proposed Sidewalk 0.00 16.00
0.00Total:
156890 OPEN 08/30/2024 835 BETLIN AVE
Proposed Sidewalk 0.00 21.75
0.00Total:
156891 OPEN 08/30/2024 849 BETLIN AVE
Proposed Sidewalk 0.00 21.30
0.00Total:
156892 OPEN 08/30/2024 844 BETLIN AVE
Proposed Driveway 0.00 61.65
0.00Total:
157843 OPEN 09/30/2024 6362 Blackwood Dr
Proposed Sidewalk 0.00 39.40
0.00Total:
157847 OPEN 09/30/2024 6354 Blackwood Dr
Proposed Sidewalk 0.00 55.10
0.00Total:
168724 OPEN 08/06/2025 19875 LINDENBROOK LN
Proposed Sidewalk 0.00 48.00
0.00Total:
170400 OPEN 09/23/2025 10401 LINDSAY AVE
Proposed Sidewalk 0.00 135.00
Work Zone 19 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
Proposed Parkstrip 0.00 94.50
0.00Total:
171086 OPEN 10/16/2025 923 MILLER AVE *
Proposed Sidewalk 0.00 87.75
0.00Total:
171087 OPEN 10/16/2025 929 MILLER AVE
Proposed Sidewalk 0.00 67.50
0.00Total:
171089 OPEN 10/16/2025 905/907 MILLER AVE
Proposed Sidewalk 0.00 90.00
Proposed Driveway 0.00 92.25
Proposed Parkstrip 0.00 180.00
0.00Total:
171092 OPEN 10/16/2025 913 MILLER AVE
Proposed Sidewalk 0.00 63.00
0.00Total:
171102 OPEN 10/16/2025 CREEKSIDE PARK (SOUTH FIELD
Proposed Sidewalk 0.00 1,029.00
0.00Total:
171104 OPEN 10/16/2025 CREEKSIDE PARK (NORTH FIELD
Proposed Sidewalk 0.00 440.00
0.00Total:
0.00
Work Zone 19 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
124597 OPEN 09/29/2022 19781 BIXBY DR (S. Portal Ave Sid
Proposed DI Reconstruct 0.00 1.00
Proposed Curb 0.00 18.50
0.00Total:
167332 OPEN 06/23/2025 10571 DEODARA DR
Proposed Sidewalk 0.00 189.00
0.00Total:
0.00
Work Zone 20 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
159493 OPEN 10/31/2024 893 FERNGROVE LN
Proposed Sidewalk 0.00 42.75
0.00Total:
159494 OPEN 10/31/2024 921 FERNGROVE LN
Proposed Sidewalk 0.00 150.75
Proposed Driveway 0.00 11.25
0.00Total:
168717 OPEN 08/06/2025 19200 Phil Ln (Sedgewick Elemen
Proposed Sidewalk 0.00 64.00
Proposed Curb 0.00 11.00
0.00Total:
169137 OPEN 08/21/2025 19132 ANNE LN
Proposed Sidewalk 0.00 80.00
Proposed Parkstrip 0.00 65.00
0.00Total:
169241 OPEN 08/26/2025 19131 LOREE AVE
Proposed Sidewalk 0.00 54.00
0.00Total:
169243 OPEN 08/26/2025 19147 COZETTE LN
Proposed Sidewalk 0.00 10.00
Proposed Driveway 0.00 18.00
0.00Total:
169244 OPEN 08/26/2025 19146 Cozette Ln
Proposed Sidewalk 0.00 28.00
Proposed Driveway 0.00 90.00
0.00Total:
169245 OPEN 08/26/2025 19161 Cozette Ln
Proposed Sidewalk 0.00 50.00
Proposed Driveway 0.00 26.00
0.00Total:
169247 OPEN 08/26/2025 19132 Cozette Ln
Proposed Sidewalk 0.00 82.00
Proposed Driveway 0.00 80.50
0.00Total:
169256 OPEN 08/26/2025 10175 S. TANTAU AVE
Proposed Sidewalk 0.00 68.00
Work Zone 21 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
0.00Total:
169260 OPEN 08/26/2025 866/868 MILLER AVE
Proposed Sidewalk 0.00 139.50
Proposed Driveway 0.00 355.25
Proposed Curb 0.00 91.50
0.00Total:
169261 OPEN 08/26/2025 874/876 MILLER AVE
Proposed Sidewalk 0.00 74.25
0.00Total:
169262 OPEN 08/26/2025 938/940 MILLER AVE
Proposed Sidewalk 0.00 67.50
0.00Total:
169267 OPEN 08/26/2025 928/930 MILLER AVE
Proposed Sidewalk 0.00 90.00
0.00Total:
169272 OPEN 08/26/2025 649 Phil Ct #39
Proposed DI Reconstruct 0.00 1.00
Proposed Driveway 0.00 17.50
0.00Total:
169436 OPEN 08/29/2025 920/922 Miller Ave
Proposed Sidewalk 0.00 22.50
0.00Total:
169437 OPEN 08/29/2025 910/912 Miller Ave
Proposed Sidewalk 0.00 108.00
Proposed Driveway 0.00 6.25
0.00Total:
169438 OPEN 08/29/2025 902 MILLER AVE
Proposed Driveway 0.00 69.75
Proposed Sidewalk 0.00 22.50
0.00Total:
169440 OPEN 08/29/2025 892/894 MILLER AVE
Proposed Curb 0.00 21.25
Proposed Sidewalk 0.00 137.25
Proposed Driveway 0.00 270.00
0.00Total:
169441 OPEN 08/29/2025 SW 17 X 4.5 = 76.5
Proposed Sidewalk 0.00 76.50
Work Zone 21 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
0.00Total:
172438 OPEN 11/12/2025 10380 MILLER AVE
Proposed Sidewalk 0.00 135.00
Proposed Parkstrip 0.00 18.00
0.00Total:
0.00
Work Zone 21 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
158535 OPEN 10/21/2024 10375 MORETTI DR *
Proposed Sidewalk 0.00 48.00
0.00Total:
158554 OPEN 10/21/2024 18781 ARATA WAY
Proposed Sidewalk 0.00 48.00
0.00Total:
158558 OPEN 10/21/2024 18791 Arata Way
Proposed Sidewalk 0.00 48.00
Proposed Driveway 0.00 24.00
0.00Total:
158569 OPEN 10/21/2024 18821 Arata Way
Proposed Sidewalk 0.00 32.00
Proposed Driveway 0.00 32.00
0.00Total:
158589 OPEN 10/22/2024 18831 ARATA WAY
Proposed Driveway 0.00 16.00
0.00Total:
159374 OPEN 10/29/2024 10425 CALVERT DR
Proposed Sidewalk 0.00 146.00
Proposed Driveway 0.00 110.00
0.00Total:
161360 OPEN 12/05/2024 18781 Pendergast Ave
Proposed Sidewalk 0.00 80.00
Proposed Curb 0.00 38.00
0.00Total:
167978 OPEN 07/15/2025 10376 BRET AVE *
Proposed Sidewalk 0.00 18.00
0.00Total:
168162 OPEN 07/22/2025 10471 Sterling Blvd
Proposed Sidewalk 0.00 176.00
Proposed Curb 0.00 36.50
0.00Total:
169054 OPEN 08/19/2025 19085 MEIGGS LN
Proposed Sidewalk 0.00 168.00
0.00 1.00
Proposed Curb 0.00 52.00
Work Zone 22 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
0.00Total:
169055 OPEN 08/19/2025 19125 MEIGGS LN
Proposed Sidewalk 0.00 50.00
Proposed Curb Ramp 0.00 1.00
Proposed Curb 0.00 5.00
0.00Total:
169132 OPEN 08/21/2025 10081 S TANTAU AVE
Proposed Curb Ramp 0.00 1.00
Proposed Sidewalk 0.00 38.00
0.00Total:
169133 OPEN 08/21/2025 10840 MINETTE DR
Proposed Curb 0.00 14.00
Proposed Curb Ramp 0.00 1.00
0.00Total:
169134 OPEN 08/21/2025 10218 JUDY AVE
Proposed Sidewalk 0.00 79.00
0.00 1.00
Proposed Curb 0.00 19.00
0.00Total:
169136 OPEN 08/21/2025 10109 S TANTAU AVE
Proposed Sidewalk 0.00 202.00
Proposed Curb Ramp 0.00 1.00
0.00Total:
169138 OPEN 08/21/2025 10843 MINETTE DR
Proposed Curb Ramp 0.00 1.00
0.00Total:
169242 OPEN 08/26/2025 10149 S TANTAU AVE
Proposed Sidewalk 0.00 136.00
0.00Total:
169253 OPEN 08/26/2025 10189 S TANTAU AVE
Proposed Sidewalk 0.00 68.00
0.00Total:
169257 OPEN 08/26/2025 10203 S TANTAU AVE
Proposed Sidewalk 0.00 122.00
0.00Total:
169258 OPEN 08/26/2025 10217 S TANTAU AVE
Proposed Sidewalk 0.00 134.00
Work Zone 22 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
Proposed Parkstrip 0.00 72.00
Proposed Curb Ramp 0.00 1.00
0.00Total:
169575 OPEN 09/03/2025 10375 S TANTAU AVE
Proposed Sidewalk 0.00 295.00
Proposed Valley Gutter 0.00 135.25
Proposed Curb Ramp 0.00 1.00
0.00Total:
169576 OPEN 09/03/2025 10339 S TANTUA AVE
Proposed Sidewalk 0.00 136.00
Proposed Driveway 0.00 12.00
0.00Total:
169578 OPEN 09/03/2025 10351 S TANTAU AVE
Proposed Sidewalk 0.00 278.00
Proposed Curb Ramp 0.00 1.00
0.00Total:
169579 OPEN 09/03/2025 10311 S TANTAU AVE
Proposed Sidewalk 0.00 192.00
Proposed Driveway 0.00 107.60
Proposed Curb 0.00 8.00
0.00Total:
169581 OPEN 09/03/2025 10325 S TANTAU AVE
Proposed Sidewalk 0.00 141.00
Proposed Parkstrip 0.00 8.00
0.00Total:
169649 OPEN 09/04/2025 10218 S TANTAU AVE
Proposed Sidewalk 0.00 212.00
Proposed Curb Ramp 0.00 1.00
0.00Total:
169651 OPEN 09/04/2025 10218 S TANTAU AVE
Proposed Sidewalk 0.00 156.00
0.00Total:
169660 OPEN 09/04/2025 10219 JUDY AVE
Proposed Sidewalk 0.00 232.00
0.00Total:
169661 OPEN 09/04/2025 10251 S TANTAU AVE
Work Zone 22 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
Proposed Sidewalk 0.00 204.00
Proposed Valley Gutter 0.00 143.00
Proposed Curb Ramp 0.00 1.00
0.00Total:
170234 OPEN 09/17/2025 5902 SUTTON PARK PL
Proposed Driveway 0.00 21.25
Proposed DI Reconstruct 0.00 1.00
0.00Total:
170507 OPEN 09/26/2025 10221 STERN AVE
Proposed Driveway 0.00 44.00
0.00Total:
170642 OPEN 10/01/2025 10316 STERLING BLVD
Proposed Sidewalk 0.00 47.00
Proposed Driveway 0.00 96.00
0.00Total:
171108 OPEN 10/16/2025 10308 STERLING BLVD
Proposed Sidewalk 0.00 96.00
Proposed Curb 0.00 24.00
Proposed Driveway 0.00 87.00
0.00Total:
171121 OPEN 10/16/2025 10564 GASCOIGNE DR
Proposed Sidewalk 0.00 126.00
Proposed Curb 0.00 31.50
0.00Total:
172924 OPEN 12/01/2025 18731 BARNHART AVE
Proposed Driveway 0.00 28.00
0.00Total:
0.00
Work Zone 22 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
157813 OPEN 09/27/2024 10900 N Tantau Ave *
Proposed Sidewalk 0.00 75.00
0.00Total:
0.00
Work Zone 23 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
124612 OPEN 09/29/2022 19875 Stevens Creek Blvd - in fron
Proposed Curb 0.00 42.00
Proposed DI Reconstruct 0.00 1.00
0.00Total:
127168 OPEN 11/18/2022 10304 COLBY AVE
Proposed Sidewalk 0.00 31.00
Proposed Parkstrip 0.00 22.50
0.00Total:
152083 OPEN 06/17/2024 19950 BAYWOOD DR
Proposed Driveway 0.00 36.00
Proposed Sidewalk 0.00 72.00
Proposed Curb 0.00 8.00
0.00Total:
152089 OPEN 06/17/2024 19960 BAYWOOD DR
Proposed Sidewalk 0.00 18.00
Proposed Curb 0.00 3.00
Proposed Driveway 0.00 198.40
0.00Total:
152091 OPEN 06/17/2024 10330 DENSION AVE
Proposed Sidewalk 0.00 33.75
0.00Total:
154589 OPEN 08/15/2024 10451 N PORTAL AVE
Proposed Sidewalk 0.00 65.25
0.00Total:
159429 OPEN 10/30/2024 10408 DENSION AVE
Proposed Sidewalk 0.00 51.75
0.00Total:
159436 OPEN 10/30/2024 10422 DENSION AVE
Proposed Sidewalk 0.00 72.00
0.00Total:
159446 OPEN 10/30/2024 10394 DENISON AVE
Proposed Sidewalk 0.00 36.00
0.00Total:
159792 OPEN 11/13/2024 10168 N BLANEY AVE
Proposed Sidewalk 0.00 36.00
0.00Total:
159901 OPEN 11/18/2024 10180 N BLANEY AVE
Work Zone 26 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
Proposed Sidewalk 0.00 57.30
0.00Total:
163300 OPEN 02/20/2025 19720 DRAKE DR *
Proposed Sidewalk 0.00 78.75
0.00Total:
164748 OPEN 03/26/2025 10410 N. BLANEY AVE
Proposed Driveway 0.00 25.00
Proposed Curb 0.00 36.00
0.00Total:
164798 OPEN 03/28/2025 19772 Wheaton Dr
Proposed Sidewalk 0.00 49.50
Proposed Driveway 0.00 74.25
0.00Total:
167333 OPEN 06/23/2025 10555 DEODARA DR
Proposed Sidewalk 0.00 36.00
Proposed Parkstrip 0.00 36.00
0.00Total:
168890 OPEN 08/13/2025 10139 MELLO PL
Proposed Sidewalk 0.00 38.25
0.00Total:
168895 OPEN 08/13/2025 10550 N. PORTAL AVE
Proposed Sidewalk 0.00 130.50
0.00Total:
169195 OPEN 08/25/2025 10212 DENISON AVE *
Proposed Sidewalk 0.00 85.80
Proposed Parkstrip 0.00 135.00
0.00Total:
170229 OPEN 09/17/2025 10225 COLBY AVE
Proposed Curb 0.00 20.00
Proposed Sidewalk 0.00 54.00
0.00Total:
170231 OPEN 09/17/2025 19590 STEVENS CREEK BLVD.
Proposed Curb 0.00 76.00
Proposed Sidewalk 0.00 182.25
Proposed Parkstrip 0.00 94.50
0.00Total:
170270 OPEN 09/18/2025 10170 N WOLFE RD
Work Zone 26 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
Proposed Curb 0.00 28.50
0.00Total:
170508 OPEN 09/26/2025 19825 STEVENS CREEK BLVD
Proposed Sidewalk 0.00 50.00
0.00Total:
170690 OPEN 10/02/2025 19970 PEAR TREE LN *
Proposed Sidewalk 0.00 67.50
0.00Total:
0.00
Work Zone 26 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
129520 OPEN 01/12/2023 10115 CAROL LEE DR
Proposed Sidewalk 0.00 99.00
0.00Total:
129714 OPEN 01/23/2023 STEVENS CREEK BTWN TORRE &
Proposed Median Curb 0.00 117.80
0.00Total:
167100 OPEN 06/10/2025 10401 N BLANEY AVE
Proposed Curb 0.00 14.25
Proposed Sidewalk 0.00 132.75
Proposed Parkstrip 0.00 67.50
0.00Total:
168306 OPEN 07/28/2025 10340 PRUNE TREE LN
Proposed Sidewalk 0.00 168.75
0.00Total:
168327 OPEN 07/28/2025 10356 PRUNE TREE LN
Proposed Sidewalk 0.00 159.75
0.00Total:
169540 OPEN 09/02/2025 10401 VISTA DR (APPLE TREE & V
Proposed Parkstrip 0.00 49.50
Proposed Sidewalk 0.00 162.00
Proposed Curb 0.00 83.50
Proposed Driveway 0.00 49.00
0.00Total:
169645 OPEN 09/04/2025 10447 CHERRY TREE LN
Proposed Curb 0.00 27.50
Proposed Curb Ramp 0.00 1.00
Proposed Sidewalk 0.00 204.75
0.00Total:
169647 OPEN 09/04/2025 20150 CHERRY TREE LN
Proposed Curb Ramp 0.00 1.00
Proposed Sidewalk 0.00 92.25
Proposed Curb 0.00 3.00
0.00Total:
171015 OPEN 10/14/2025 10447 N BLANEY AVE
Proposed Sidewalk 0.00 158.00
Proposed Driveway 0.00 82.00
Work Zone 27 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
0.00Total:
171016 OPEN 10/14/2025 10439 N. BLANEY AVE
Proposed Sidewalk 0.00 234.00
Proposed Driveway 0.00 128.75
0.00Total:
171018 OPEN 10/14/2025 10431 N BLANEY AVE
Proposed Sidewalk 0.00 135.00
Proposed Parkstrip 0.00 63.00
0.00Total:
171023 OPEN 10/14/2025 10341 N BLANEY AVE
Proposed Sidewalk 0.00 128.25
Proposed Parkstrip 0.00 31.50
0.00Total:
171044 OPEN 10/15/2025 10325 N BLANEY AVE
Proposed Sidewalk 0.00 65.25
Proposed Parkstrip 0.00 45.00
0.00Total:
171045 OPEN 10/15/2025 10311 N BLANEY AVE
Proposed Sidewalk 0.00 24.75
Proposed Curb 0.00 8.50
Proposed Driveway 0.00 31.50
0.00Total:
171055 OPEN 10/15/2025 10191 VISTA DR
Proposed Sidewalk 0.00 47.25
0.00Total:
171064 OPEN 10/15/2025 10174 VISTA DR
Proposed Sidewalk 0.00 164.25
0.00Total:
171065 OPEN 10/15/2025 20255 VISTA CT (VISTA DR SIDE O
Proposed Sidewalk 0.00 54.00
0.00Total:
171066 OPEN 10/15/2025 10220 VISTA DR
Proposed Sidewalk 0.00 69.75
0.00Total:
171123 OPEN 10/16/2025 10305 VISTA DR
Proposed Sidewalk 0.00 63.00
0.00Total:
Work Zone 27 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
129788 OPEN 01/25/2023 10530 STOKES AVENUE
Proposed Driveway 0.00 85.50
0.00Total:
129812 OPEN 01/26/2023 10412 NOEL AVE
Proposed Parkstrip 0.00 4.30
0.00Total:
151568 OPEN 06/03/2024 10170 PHAR LAP DR
Proposed Sidewalk 0.00 93.00
0.00Total:
157369 OPEN 09/12/2024 10581 STOKES AVE
Proposed Sidewalk 0.00 44.33
0.00Total:
168760 OPEN 08/07/2025 10365 Dempster Ave *
Proposed Sidewalk 0.00 128.25
0.00Total:
170449 OPEN 09/24/2025 10430 STOKES AVE
Proposed Sidewalk 0.00 67.50
Proposed Parkstrip 0.00 36.00
0.00Total:
0.00
Work Zone 31 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
132239 OPEN 04/10/2023 RIVERCREST CT. (STEVENS CRE
Proposed Sidewalk 0.00 394.00
0.00Total:
150603 OPEN 05/07/2024 10300 AINSWORTH DR (VARIAN P
Proposed Curb Ramp 0.00 1.00
0.00Total:
150604 OPEN 05/07/2024 10300 AINSWORTH DR (VARIAN P
Proposed Sidewalk 0.00 176.60
Proposed Curb 0.00 39.25
0.00Total:
163869 OPEN 02/25/2025 22468 CUPERTINO RD
Proposed Sidewalk 0.00 112.00
Proposed Driveway 0.00 75.00
Proposed Curb 0.00 6.50
0.00Total:
170226 OPEN 09/17/2025 10036 Crescent Rd
Proposed Valley Gutter 0.00 122.00
0.00Total:
171575 OPEN 11/03/2025 10181 HILLCREST RD
Proposed Sidewalk 0.00 19.00
0.00Total:
0.00
Work Zone 32 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
124590 OPEN 09/29/2022 10434 SCENIC CT (D.I)**
Proposed DI Reconstruct 0.00 1.00
Proposed Curb Ramp 0.00 1.00
0.00Total:
152718 OPEN 07/05/2024 10380 RIVIERA RD
Proposed Valley Gutter 0.00 130.00
0.00Total:
168161 OPEN 07/22/2025 22240 Scenic Cir **
Proposed Valley Gutter 0.00 160.50
0.00Total:
169896 OPEN 09/10/2025 20360 McClellan Rd
Proposed Sidewalk 0.00 98.75
0.00Total:
0.00
Work Zone 33 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
132060 OPEN 04/03/2023 22401 CARNOUSTIE CT
Proposed Sidewalk 0.00 200.30
0.00Total:
132061 OPEN 04/03/2023 22391 CARNOUSTIE CT, CUPERTI
Proposed Sidewalk 0.00 18.00
Proposed Driveway 0.00 36.00
0.00Total:
0.00
Work Zone 34 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
133713 OPEN 05/09/2023 10292 DEGAS CT
Proposed Sidewalk 0.00 18.00
0.00Total:
166708 OPEN 05/29/2025 10110 LOCKWOOD DR
Proposed Sidewalk 0.00 18.00
0.00Total:
167098 OPEN 06/10/2025 10313 Degas Ct
Proposed Sidewalk 0.00 42.75
Proposed Driveway 0.00 56.25
0.00Total:
0.00
Work Zone 36 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
124591 OPEN 09/29/2022 21527 SILVER OAK WAY (S/b Foot
Proposed Curb 0.00 9.00
Proposed Sidewalk 0.00 67.50
Proposed DI Reconstruct 0.00 1.00
0.00Total:
157421 OPEN 09/16/2024 22529 POPPY DR
Proposed Sidewalk 0.00 95.60
0.00Total:
0.00
Work Zone 37 Locations
2025 Concrete Reconstruction Project
Work Order
ID
Material
Cost
Material
Description
Status Initiated Date Work Order LocationUnits
119587 OPEN 04/12/2022 23505 OAK VALLEY RD
Proposed Sidewalk 0.00 49.50
0.00Total:
129495 OPEN 01/12/2023 21200 CANYON OAK WAY (HAMM
Proposed Curb Ramp 0.00 1.00
0.00Total:
0.00
Work Zone 38 Locations
Homntea",...,._ _ _,,
40
DeAnza
Coll�e
29 •
., � i
•
16
28
23
0 •
z
i:i
Rainbow Dr
Prospect Rd
85
.r.
, t.oc1i1. a 11"'�r Ave
t aiser Perman e nte
Santa Clar• Medlc:al onter
; <l-� � -$ �
/! G\a\'-\'-iz :c
Lynbrook
Hig h School
Prospect Hi gh Sc:hool
@J
/:"or bes Ave
Stev ens c re ek Blv d
Albany Dr
iii Es te lla Or
ii
Pruner td! Go f fClu
Blac kfor d Ave
0 .
� °'fanzan lta Dr [
W illi ams Rd
Payne J
Gleason Av e
Bismarc k Or
w La tim e r Ave
2025 Concrete Reconstruction Location Map
Tranquilino Villalobos
President
03/19/2026