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23-123 Brannon Corporation for Regnart Road Improvements Phase 1 ProjectRegnart Rd Improvements Phase 1
Proj. No. 2019-08
2021 Form CONTRACT
Page 20
Contract
This public works contract (“Contract”) is entered into by and between City of Cupertino (“City”)
and Brannon Corporation (“Contractor”), for work on the Regnart Road Improvements Phase 1
Project (“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 July 6, 2023, 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: No other documents
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. Contractor agrees to carry out its work in compliance with any
applicable local, State or Federal order regarding COVID-19.
4.Payment. As full and complete compensation for Contractor’s timely performance and
completion of the Work in strict accordance with the terms and conditions of the Contract
Documents, City will pay Contractor $1,290,120.00 (“Contract Price”) for all of
Contractor’s direct and indirect costs to perform the Work, including all labor, materials,
supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with
the payment provisions in the General Conditions.
5.Time for Completion. Contractor will fully complete the Work for the Project, meeting all
requirements for Final Completion, within 60 working days from the commencement date
given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly
waives any claim for delayed early completion.
6.Liquidated Damages. If Contractor fails to complete the Work within the Contract Time,
City will assess liquidated damages in the amount of $2,900.00 per day for each day of
Regnart Rd Improvements Phase 1
Proj. No. 2019-08
2021 Form CONTRACT
Page 21
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:
Department of Public Works
10300 Torre Avenue
Cupertino, CA 95014
Attn: Evelyn Moran, Project Manager
Emaievelynm@cupertino.org
Regnart Rd Improvements Phase 1
Proj. No. 2019-08
2021 Form CONTRACT
Page 22
Copy to: pwinvoices@cupertino.org
Contractor:
Name: Brannon Corporation
Address: 10492 Dougherty Avenue
City/State/Zip: Morgan Hill, CA, 95037
Phone: 408-294-2910
Attn: Renee Brannon, President
Email: renee@brannondemo.com
12.General Provisions.
12.1 Assignment and Successors. Contractor may not assign its rights or obligations
under this Contract, in part or in whole, without City’s written consent. This Contract
is binding on Contractor’s and City’s lawful heirs, successors and permitted
assigns.
12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this
Contract.
12.3 Governing Law and Venue. This Contract will be governed by California law and
venue will be in the Santa Clara County Superior Court, and no other place.
Contractor waives any right it may have pursuant to Code of Civil Procedure § 394,
to file a motion to transfer any action arising from or relating to this Contract to a
venue outside of Santa Clara County, California.
12.4 Amendment. No amendment or modification of this Contract will be binding
unless it is in a writing duly authorized and signed by the parties to this Contract.
12.5 Integration. This Contract and the Contract Documents incorporated herein,
including authorized amendments or Change Orders thereto, constitute the final,
complete, and exclusive terms of the agreement between City and Contractor.
12.6 Severability. If any provision of the Contract Documents is determined to be
illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the
Contract Documents will remain in full force and effect.
12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor
certifies, by signing below, that it is not identified on a list created under the Iran
Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person
engaging in investment activities in Iran, as defined in the Act, or is otherwise
expressly exempt under the Act.
12.8 Authorization. Each individual signing below warrants that he or she is authorized
to do so by the party that he or she represents, and that this Contract is legally
binding on that party. If Contractor is a corporation, signatures from two officers of
the corporation are required pursuant to California Corporation Code § 313.
Regnart Rd Improvements Phase 1
Proj. No. 2019-08
2021 Form CONTRACT
Page 23
The parties agree to this Contract as witnessed by the signatures below:
CITY:Approved as to form:
s/ s/
Pamela Wu, City Manager Christopher D. Jensen, City Attorney
Name, Title Name, Title
Date: Date:
Attest:
s/
Kirsten Squarcia, City Clerk
Name, Title
Date:
CONTRACTOR: Brannon Corporation
Business Name
s/ Seal:
Renee Brannon, President
Name, Title
Date:
California License# 944127, Expiration Date: 03-21-2024
Contractor’s California License Number(s) and Expiration Date(s)
END OF CONTRACT
Renee C Brannon
Jul 21, 2023
Christopher D. Jensen
Jul 21, 2023Jul 21, 2023
Jul 24, 2023
CERTIFICATE HOLDER
© 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05)
AUTHORIZED REPRESENTATIVE
CANCELLATION
DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE
LOCJECT
PRO-POLICY
GEN'L AGGREGATE LIMIT APPLIES PER:
OCCURCLAIMS-MADE
COMMERCIAL GENERAL LIABILITY
GENERAL LIABILITY
PREMISES (Ea occurrence)$
DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$RETENTIONDED
CLAIMS-MADE
OCCUR
$
AGGREGATE $
EACH OCCURRENCE $
UMBRELLA LIAB
EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
INSR
LTR TYPE OF INSURANCE POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)LIMITS
WC STATU-
TORY LIMITS
OTH-
ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$
ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
(Mandatory in NH)
OFFICER/MEMBER EXCLUDED?
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
HIRED AUTOS
NON-OWNED
AUTOS AUTOS
AUTOS
COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE $
$
$
$
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
ADDL
WVD
SUBR
N / A
$
$
(Ea accident)
(Per accident)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
The ACORD name and logo are registered marks of ACORD
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
INSURED
PHONE
(A/C, No, Ext):
PRODUCER
ADDRESS:
E-MAIL
FAX
(A/C, No):
CONTACT
NAME:
NAIC #
INSURER A :
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
INSURER(S) AFFORDING COVERAGE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
1,000,000
Campbell, CA 95008
Campbell, CA 95008
1,000,000
5,000,000
35076
35076
24074
24074
44520
44520
408-550-2119
408-550-2119
1,000,000
1,000,000
500,000
X
McSherry & Hudson, An Alera Group Company
McSherry & Hudson, An Alera Group Company
STATE COMPENSATION INS FUND
STATE COMPENSATION INS FUND
OHIO CAS INS CO
OHIO CAS INS CO
04/01/24
CRUM & FORSTER SPECIALTY INS CO
CRUM & FORSTER SPECIALTY INS CO
04/01/24
EPK-143301
04/01/24
07/11/2023
07/11/2023
EPK-143301
AUTO XS LIMIT ONLY
BMO62860883
10300 Torre Avenue
100,000
Limit
1-888-845-2248
1-888-845-2248
Limit
Limit
C
Suite 1190
Suite 1190
1901 S. Bascom Avenue
1901 S. Bascom Avenue
04/01/23
04/01/23
04/01/23
B
04/01/2404/01/23
10,000,000
X
04/01/24
X
X
agents, volunteers and consultants.
Additional Insured per written contract: The City of Cupertino, including its Council, officials, officers, employees,
Project Location: Cupertino, CA
1,000,000
RE: Brannon Corp Project #: 023-979, Project Name: Regnart Road Improvements Phase 1,
04/01/23
LIC #0L72977
LIC #0L72977
2,000,000
Cupertino, CA 95014
2,000,000
Errors & Omissions Liab.
Contractor's Pollution
Rented/Leased Equipment
04/01/24
1,000,000
Deductible: $5,000
Charles M. Griswold
Charles M. Griswold
A
04/01/23
9314144-23
Morgan Hill, CA 95037
Morgan Hill, CA 95037
69263189
69263189
X
X
BAO62860866 1,000,000
04/01/24
X
USA
X
A
X
A
A
B
maggi12
04/01/23
Y
408-550-2130
408-550-2130
10,000
X
DBA P. Brannon Corporation
DBA P. Brannon Corporation
Brannon Corporation
Brannon Corporation
City of Cupertino
EFX-122553
10492 Dougherty Avenue
10492 Dougherty Avenue
XX
10,000,000
Charles M. Griswold
Charles M. Griswold
EPK-143301
X
1,000,000
SUPP (05/04)
SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE
NAME OF INSURED:
Additional Description of Operations/Remarks from Page 1:
Additional Information:
Per Project Aggregate per attached form EN0301-0914
Additional Insured per attached form EN0111-0211 and EN0320-0211.
General Liability:
Includes:
07/11/2023
Waiver of Subrogation per attached form 10217.
Worker's Compensation:
Additional Insured, Primary & Non-Contributory, Waiver of Subrogation per attached form AC85430618.
Automobile Liability:
DBA P. Brannon Corporation
Waiver of Subrogation per attached form EN0109-0211.
Brannon Corporation
Primary and Non-Contributory Wording per attached form EN0320-0211.
Policy Number: EPK-143301
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CITY OF CUPERTINO
NOTICE INVITING BIDS
REGNART ROAD IMPROVEMENTS PHASE 1 PROJECT
1. Bid Submission. City of Cupertino (“City”) will accept electronically submitted bids for its
Regnart Road Improvements Phase 1 Project (“Project”), by or before June 15, 2023, 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 across from 22045 Regnart Road,
Cupertino, CA. The coordinates are 37.29622° N latitude and 122.06050° W longitude
(NAD 83 or WGS 84) and is described as follows:
Road reconstruction includes excavation, widening, retaining walls, drainage inlet work,
asphalt pavement work, to mitigate roadway embankment distress, and cut slope failures.
2.2 Time for Final Completion. The Project must be fully completed within 60 working days
from the start date set forth in the Notice to Proceed. City anticipates that the Work will
begin on or about July 2023, but the anticipated start date is provided solely for
convenience and is neither certain nor binding.
2.3 Estimated Cost. The estimated construction cost is $1,115,080.
3. License and Registration Requirements.
3.1 License. This Project requires a valid California contractor’s license for the following
classifications: Classification A.
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. These 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.
/LAUREN SAPUDAR /
DEPUTY CITY CLERK
CITY OF CUPERTINO
PUBLISH 05/26/23
Regnart Road Improvements Phase 1 Project
2021-02
NOTICE OF POTENTIAL AWARD2021 Form
Sent via e-mail.
July 10, 2023
Jake French
Brannon Corporation
10492 Dougherty Avenue
Morgan Hill, CA 95037
jake@brannondemo.com
Re: NOTICE OF POTENTIAL AWARD
Regnart Road Improvements Phase 1 Project
Dear Mr. French
I am pleased to inform you that the City Council authorized award of the construction
Contract for the above-referenced Project (“Project”) to Brannon Corporation
(“Contractor”) for the Contract Price of $1,290,120.00 based on Contractor’s Bid Proposal
submitted on June 15, 2023.
Contractor must execute the attached Payment Bond and Performance Bond and return to the City
along with insurance certificates and endorsements, no later than seven days from the date of this
Notice of Potential Award. Failure to execute and return the enclosed bonds and insurance
documentation within the specified time could result in forfeiture of Contractor’s bid security. This
Notice of Potential Award does not bind the City to award the Contract. A copy of the draft contract
is attached as reference. After review and approval of bonds and insurance documents, the City will
route the Contract for electronic signatures.
Please acknowledge receipt of this Notice of Potential Award by signing the attached
Acknowledgement of Notice of Potential Award, as indicated, and transmitting the
Acknowledgement to my office via email at: evelynm@cupertino.org Do not hesitate to
contact me if you have any questions in this regard.
Sincerely,
Evelyn Moran
Project Manager
Enclosure
Regnart Road Improvements Phase 1 Project
2021-02
NOTICE OF POTENTIAL AWARD2021 Form
Acknowledgement of Notice of Potential Award
On behalf of Brannon Corporation (“Contractor”), I acknowledge receipt of the Notice of
Potential Award for the Regnart Road Improvements Phase 1 Project:
s/
Name:
Title:
Date:
Jake French
Senior Estimator
07.11.2023
Regnart Road Improvements Phase 1 Project
2021-02
NOTICE OF POTENTIAL AWARD2021 Form
Sent via e-mail.
July 24, 2023
Renee Brannon
Brannon Corporation
10492 Dougherty Avenue
Morgan Hill, CA 95037
renee@brannondemo.com
Re: NOTICE TO PROCEED
Regnart Road Improvements Phase 1 Project
Dear Mrs. Brannon
By this letter Brannon Corporation (“Contractor”) is notified to proceed with its Work for the above-
referenced Project (“Project”), as required by the Contract Documents. Contractor should start the
Work on or before August 1, 2023 (“Start Date”) and must achieve Final Completion within 60
Working Days days from the Start Date.
A copy of the fully executed Contract has or will be transmitted to you.
Please acknowledge receipt of this Notice to Proceed by signing the attached Acknowledgement of
Notice to Proceed, as indicated, and transmitting the Acknowledgement to my office via email at
evelynm@cupertino.org. Do not hesitate to contact me if you have any questions in this regard.
Sincerely,
Evelyn Moran
Project Manager
Regnart Road Improvements Phase 1 Project
2021-02
NOTICE OF POTENTIAL AWARD2021 Form
Acknowledgement of Notice to Proceed
On behalf of Brannon Corporation (“Contractor”), I acknowledge receipt of the Notice to
Proceed for the Regnart Road Improvements Phase 1 Project:
s/
Name:
Title:
Date:
Regnart Rd Improvements Phase 1 2021 Form INSTRUCTIONS TO BIDDERS
Proj. No. 2019-08 Page 3
Instructions to Bidders
Each Bid Proposal submitted to the City of Cupertino (“City”) for its Regnart Road Improvements
Phase 1 (“Project”) must be submitted in accordance with the following instructions and
requirements:
1. Bid Submission.
1.1 General. Each Bid Proposal must be signed and submitted to City, using the form
provided in the Contract Documents, by or before the date and time set forth in
Section 1 of the Notice Inviting Bids, or as amended by subsequent addendum, via
electronic submission only as specified below in Section 1.2. Faxed, hand-
delivered, mailed or emailed Bid Proposals will not be accepted, unless otherwise
specified. Late submissions will not be considered. City reserves the right to
postpone the date or time for receiving or opening bids. Each bidder is solely
responsible for all of its costs to prepare and submit its bid and by submitting a bid
waives any right to recover those costs from City. The bid price(s) must include all
costs to perform the Work as specified, including all labor, material, supplies, and
equipment and all other direct or indirect costs such as applicable taxes, insurance
and overhead.
1.2 Electronic Submission. The Bid Proposal and all required forms and
attachments must be submitted in PDF format on the City’s “Business
Opportunities” portal at https://apps.cupertino.org/bidmanagement/index.aspx. To
submit a bid, (1) select the folder icon in the “Actions” column for the Project; (2)
select the “Electronic Submission” tab; (3) when the log-in screen appears, enter
the log-in credentials used to access the Contract Documents and/or create an
account, as appropriate; (4) after logging in, carefully follow all instructions for
electronic submission of the Bid Proposal and all required forms and attachments.
Each bidder should familiarize itself with the City’s “Business Opportunities” portal
before the bid deadline. Electronic submission may take more time than
anticipated. Each bidder should plan accordingly and afford itself ample time to
upload its bid. Bids that are in the process of uploading but are not completely
uploaded by the bid deadline will be automatically rejected by the portal. The portal
will not allow submission after the bid deadline. On the next Working Day following
the bid opening, the City will post the bid results to
https://apps.cupertino.org/bidmanagement/index.aspx.
1.3 DIR Registration. Subject to limited legal exceptions for joint venture bids and
federally-funded projects, City may not accept a Bid Proposal from a bidder without
proof that the bidder is registered with the DIR to perform public work under Labor
Code § 1725.5. If City is unable to confirm that the bidder is currently registered
with the DIR, City may disqualify the bidder without opening its bid. (Labor Code §§
1725.5 and 1771.1(a).)
2. Bid Proposal Form and Enclosures. Each Bid Proposal must be completed legibly using
the Bid Proposal form included with the Contract Documents. The Bid Proposal form must
be fully completed without interlineations, alterations, or erasures. Any necessary
corrections must be clear and legible, and must be initialed by the bidder’s authorized
representative. A Bid Proposal submitted with exceptions or terms such as “negotiable,”
“will negotiate,” or similar, will be considered nonresponsive. Each Bid Proposal must be
accompanied by a completed Subcontractor List and Non-Collusion Declaration using the
forms included with the Contract Documents, a PDF copy of the bid security, and any
additional forms required by the Notice Inviting Bids or Instructions to Bidders . In addition to
Regnart Rd Improvements Phase 1 2021 Form INSTRUCTIONS TO BIDDERS
Proj. No. 2019-08 Page 4
submitting a PDF copy of the bid security, each bidder must a lso send the original form of
bid security to the City, as set forth in Section 4, below.
3. Authorization and Execution. Each Bid Proposal must be signed by the bidder’s
authorized representative. A Bid Proposal submitted by a partnership must be signed in the
partnership name by a general partner with authority to bind the partnership. A Bid
Proposal submitted by a corporation must be signed with the legal name of the corporation,
followed by the signature and title of two officers of the corporation with full authority to bind
the corporation to the terms of the Bid Proposal, under California Corporation Code § 313.
4. Bid Security. Each bid must be guaranteed by bid security of ten percent of the maximum
bid amount, in the form of a cashier’s or certified check made payable to the City, or bid
bond using the form included in the Contract Documents and executed by a sure ty 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; and submit the insurance certificates and
endorsements 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
Evelyn Moran, Project Manager, at evelynm@cupertino.org. Oral responses are not
authorized and are not binding on the City. Bidders should submit any such written inquiries
at least five Working Days before the scheduled bid opening. Questions received any later
might not be addressed before the bid deadline. An interpretation or clarification by City in
response to a written inquiry will be issued in an addendum.
6. Pre-Bid Investigation.
6.1 General. Each bidder is solely responsible at its sole expense for diligent and
thorough review of the Contract Documents, examination of the Project site, and
reasonable and prudent inquiry concerning known and potential site and area
conditions prior to submitting a Bid Proposal. Each bidder is responsible for
knowledge of conditions and requirements which reasonable review and
investigation would have disclosed. However, except for any areas that are open to
the public at large, bidders may not enter property owned or leased by the City or
the Project site without prior written authorization from City.
6.2 Document Review. Each bidder is responsible for review of the Contract
Documents and any informational documents provided “For Reference Only,” e.g.,
Regnart Rd Improvements Phase 1 2021 Form INSTRUCTIONS TO BIDDERS
Proj. No. 2019-08 Page 5
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 Project construction will not be considered changed Project
site conditions. Actual locations and depths must be determined by bidder’s field
investigation. The bidder may request access to underlying or background
information on the Project site in City’s possession that is necessary for the bidder
to form its own conclusions, including, if available, record drawings or other
documents indicating the location of subsurface lines, utilities, or other structures.
6.4 Utility Company Standards. The Project must be completed in a manner that
satisfies the standards and requirements of any affected utility companies or
agencies (collectively, “utility owners”). The successful bidder may be required by
the third party utility owners to provide detailed plans prepared by a California
registered civil engineer showing the necessary temporary support of the utilities
during coordinated construction work. Bidders are directed to contact the affected
third party utility owners about their requirements before submitting a Bid Proposal.
7. Bidders Interested in More Than One Bid. No person, firm, or corporation may submit or
be a party to more than one Bid Proposal unless alternate bids are specifically called for.
However, a person, firm, or corporation that has submitted a subcontract proposal or quote
to a bidder may submit subcontract proposals or quotes to other bidders.
8. Addenda. Any addenda issued prior to the bid opening are part of the Contract
Documents. Subject to the limitations of Public Contract Code § 4104.5, City reserves the
right to issue addenda prior to bid time. Each bidder is solely responsible for ensuring it has
received and reviewed all addenda prior to submitting its bid. Bidders should check City’s
website periodically for any addenda or updates on the Project at:
https://apps.cupertino.org/bidmanagement/index.aspx.
9. Brand Designations and “Or Equal” Substitutions. Any specification designating a
material, product, thing, or service by specific brand or trade name, followed by the words
“or equal,” is intended only to indicate quality and type of item desired, and bidder s may
request use of any equal material, product, thing, or service. All data substantiating the
proposed substitute as an equal item must be submitted with the written request for
substitution. A request for substitution must be submitted within 35 days after Notice of
Potential Award unless otherwise provided in the Contract Documents. This provision does
not apply to materials, products, things, or services that may lawfully be designated by a
specific brand or trade name under Public Contract Code § 3400(c).
Regnart Rd Improvements Phase 1 2021 Form INSTRUCTIONS TO BIDDERS
Proj. No. 2019-08 Page 6
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
evelynm@cupertino.org before 5:00 p.m. no later than two Working Days following the date
upon which the City posts the bid results (“Bid Protest Deadline”) and must comply with the
following requirements:
10.1 General. Only a bidder who has actually submitted a Bid Proposal is eligible to
submit a bid protest against another bidder. Subcontractors are not eligible to
submit bid protests. A bidder may not rely on the bid protest submitted by another
bidder, but must timely pursue its own protest. If required by City, the protesting
bidder must submit a non-refundable fee in the amount specified by City, based
upon City’s reasonable costs to administer the bid protest. Any such fee must be
submitted to City no later than the Bid Protest Deadline, unless otherwise specified.
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
Regnart Rd Improvements Phase 1 2021 Form INSTRUCTIONS TO BIDDERS
Proj. No. 2019-08 Page 7
of any right to further pursue a bid protest, including filing a G overnment 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 apparent low 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 5 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. 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
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).
17. Additive and Deductive Alternates. As required by Public Contract Code § 20103.8, if
Regnart Rd Improvements Phase 1 2021 Form INSTRUCTIONS TO BIDDERS
Proj. No. 2019-08 Page 8
this bid solicitation includes additive or deductive items, the method below 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.
The lowest bid will be the lowest bid price on the base contract without consideration of the
prices on the additive or deductive items.
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. 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 within 48 hours following a request by City. A bid that does not fully comply with
this requirement may be rejected as nonresponsive. A bidder who submits a Bidder’s
Questionnaire which is subsequently determined to contain false or misleading information,
or material omissions, may be disqualified as non-responsible.
20. For Reference Only. The following documents are provided “For Reference Only,” as
defined in Section 3.4 of the General Conditions:
Attachment A- Geotechnical Recommendations Report , Appendix A & B
Attachment B-California Department of Fish and Wildlife Permit Conditions
END OF INSTRUCTIONS TO BIDDERS
ADDENDUM NO. I
Regnart Road Improvements Phase I
PROJECT N0. 2019-08
Bid Opening: June 15,2023 - 2:00 P.M.
Issue Date: June 1, 2023
The following revisions are hereby made to the above referenced project:
1. Add two documents:
a. . '2019-08 Regnart Road Improvements Phase lGeotechnical Report'
b. '2019-08 Regnart Road Improvements Phase 1 Environmental Permit'
No other changes were made to the Manual and Plan Set.
Only questions received in writing will be accepted for response. Send questions by e-mail to
EvelynM@cupertino.or@. Questions regarding this project should be sent to the attention of the
designated project manager, Evelyn Moron no later than June 9, 2023, at 5:00 PM.
You must indicate receipt of this addendum on the last page of the Proposal. Failure to do so may cause
rejection of your bid.
APPROVED BY:
Addendum No. I
Regnart Road Improvements Phase 1
City of Cupertino
Project No. 2019-08
Page I of I
CONSULTING ENGINEERS AND GEOLOGISTS
COTTON, SHIRES AND ASSOCIATES, INC.
330 Village Lane Los Gatos, California 95030 (408) 354-5542 Fax (408) 354-1852
6417 Dogtown Road San Andreas, California 95249 (209) 736-4252 Fax (209) 736-1212
699 Hampshire Road, Suite 101 Thousand Oaks, California 91361 (805) 370-8710
Prepared For:
Mr. Chad Mosley and Roger Lee
Department of Public Works
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
FEBRUARY 2020
GEOTECHNICAL INVESTIGATION,
SITES #1 AND #2
REGNART ROAD, STATION 28+40 TO 29+80
CUPERTINO, CALIFORNIA
Northern California Office Central California Office Southern California Office
330 Village Lane 6417 Dogtown Road 550 St. Charles Drive, Suite 108
Los Gatos, CA 95030-7218 San Andreas, CA 95249-9640 Thousand Oaks, CA 91360-3995
(408) 354-5542 • Fax (408) 354-1852 (209) 736-4252 • Fax (209) 736-1212 (805) 497-7999 • Fax (805) 497-7933
www.cottonshires.com
COTTON, SHIRES AND ASSOCIATES, INC.
CONSULTING ENGINEERS AND GEOLOGISTS
February 18, 2020
G5048
Mr. Chad Mosley and Roger Lee
Department of Public Works
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California
SUBJECT: Geotechnical Investigation, Sites #1 and #2
RE: Regnart Road, Station 28+40 to 29+80
Cupertino, California
Dear Mr. Mosley and Mr. Lee:
Cotton, Shires and Associates, Inc. (CSA) is pleased to provide the City with this
Geotechnical Investigation letter-report of potential slope failure at Sites #1 and #2 on
Regnart Road, in Cupertino, California. We trust that this provides you with the
information that you need at this time. If you have any questions regarding this report, or
need additional information, please feel free to call.
Very truly yours,
COTTON, SHIRES AND ASSOCIATES, INC.
John M. Wallace
Principal Engineering Geologist
CEG 1923
David T. Schrier
Principal Geotechnical Engineer
GE 2334
JMW:DTS:st
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COTTON, SHIRES AND ASSOCIATES, INC.
February 18, 2020
G5048
Mr. Chad Mosley and Roger Lee
Department of Public Works
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California
SUBJECT: Geotechnical Investigation, Sites #1 and #2
RE: Regnart Road, Station 28+40 to 29+80
Cupertino, California
Dear Mr. Mosley and Mr. Lee:
At your request, Cotton, Shires and Associates, Inc. (CSA) is pleased to provide
the City with this Geotechnical Investigation letter-report of potential slope failure at
Sites #1 and #2 on Regnart Road, in Cupertino, California. These sites were previously
identified during our May 2018 Reconnaissance Investigation of an approximate 1-mile
stretch of Regnart Road. As you are aware, six potential slope failure sites were
identified during the Reconnaissance Investigation as having moderate to high risk to
Regnart Road. Sites #1 and #2 were identified as having two of the highest hazards, and
consequently CSA performed the included geotechnical investigation to document site
geologic and geotechnical conditions. Sites #1 and #2 are close enough to each other to
combine them under one investigation. In this report we summarize our scope of work,
provide a discussion of our findings, summarize the physical setting and site conditions,
discuss potential geologic and geotechnical hazards, discuss mitigation alternatives,
provide geotechnical design recommendations for the preferred mitigation alternative,
and include our limitations.
SCOPE OF WORK
A. Site #1 and #2 Topographic Base Map Preparation - We generated a site-
specific topographic base map using our Total-Station Theodolite
surveying equipment.
B. Roadway Stationing Survey – We marked roadway stationing along the
approximate 1-mile stretch of Regnart Road that parallels Regnart Creek.
The stationing was marked every 50 feet along the outboard edge of the
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COTTON, SHIRES AND ASSOCIATES, INC.
roadway with survey nails and colored ‘feathers’. The marked stationing
matches the stationing established as part of the Geotechnical
Reconnaissance Investigation report, dated May 2018.
C. Engineering Geologic Mapping and Profiling – We performed geologic
mapping for the purpose of generating a detailed engineering geologic
map and several engineering geologic cross sections, illustrating the site
geology, geomorphology, the creek alignment, creek embankments,
roadway, cutslopes, and utilities.
D. Subsurface Exploration – We explored the subsurface conditions in the
vicinity of the unstable creek banks at Site #1 and #2 by excavating 3
exploratory boreholes. The boreholes were logged by our
geologists/engineers, and samples were obtained for laboratory testing.
E. Laboratory Testing – Selected samples from the subsurface exploration
program were tested for index and strength properties to help formulate
geotechnical design recommendations for engineered mitigation.
F. Geotechnical Engineering Analysis and Preparation of Conceptual
Mitigation Alternatives – We analyzed the surface, subsurface and
laboratory data in order to provide conceptual mitigation alternatives.
Geotechnical design criteria for the preferred mitigation alternative have
been generated for the area of concern.
G. Meeting – We met with you to provide a summary of our findings, to
outline our conceptual mitigation alternatives, and to identify a preferred
mitigation alternative.
H. Reporting – This geotechnical investigation report with pertinent
illustrations has been prepared to summarize the surface and subsurface
geotechnical conditions, provide geotechnical mitigation alternatives, and
provide geotechnical design recommendations for a preferred mitigation
alternative.
DISCUSSION
As part of our May 2018 investigation of Regnart Road, we identified six geologic
and geotechnical hazards that present a moderate to high level of risk of road damage or
failure. In our Geotechnical Reconnaissance Report, we quantified this risk by applying
a numerical rating system that attempted to characterize the risk to the road in terms of
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COTTON, SHIRES AND ASSOCIATES, INC.
the time it would likely take for a given hazard to ‘fail’ the roadway. By ‘fail’, we have
used this term to represent any partial or total loss of the roadway surface, or a partial or
total blockage of the roadway from above. The risk rating system is subjective and is
based upon our experience. It should be understood that any attempt to quantify the
‘time to failure’ is based upon predicting periods of rainfall. Obviously, if persistent
droughts are experienced, the length of time to failure would increase. Conversely, if
strong ‘El Nino’ type storms are experienced with frequent regularity, then the time to
failure could shorten. Thus, the rating system is intended to be a tool with which the
road hazards can be evaluated, and mitigation can be triaged accordingly.
For Site #1 and #2, which when combined, extends along a 140-foot stretch of
Regnart Road (Station 28+40 to 29+80), we assigned a Hazard Rating of 9 and 8,
respectively. The following table illustrates the risk categories used to rate the roadway
hazards:
PHYSICAL SETTING
Topography – The section of Regnart Road that was studied in May of 2018, extends
from near the intersection of Lindy Lane (station 0+00), approximately 5,000 feet upslope
to where Regnart Road bends sharply westward and ascends the steep east-facing
hillside (end stationing at Station 50+00). The majority of this stretch of roadway
extends along Regnart Creek, which is generally characterized by a deeply incised creek
channel with steep to precipitous embankments. The creek channel varies from
approximately 5 feet below the elevation of the roadway, to 30 feet below the roadway.
The original construction of Regnart Road consisted of cutting into the hillside and
casting the spoil over the outboard edge of the road as ‘sliver fill’. In general, the
artificial fill forms the shoulder of the roadway, with the majority of the pavement
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COTTON, SHIRES AND ASSOCIATES, INC.
placed on natural colluvial soil and bedrock materials. However, localized portions of
the paved surface are underlain by artificial fill. Our review of aerial photographs
reveals that the majority of the roadway alignment was in place by 1948; however, the
uppermost portion of the road alignment, near Station 46+00 contained a sharp
switchback that was changed sometime after 1948 and before 1991.
The site-specific study of Site #1 and #2 includes an approximate 140-foot stretch of
Regnart Road that closely parallels Regnart Creek (see Figure 1, Site Location Map). The
creek channel varies from 8 to 12 feet below the roadway surface, and most of this
stretch of creek contains an old concrete sack wall (i.e., sackrete) embankment facing.
The driving surface of Regnart Road contains abundant cracking through much of this
stretch, and there is little to no roadway shoulder (see Photographs 1 and 2).
Geology – This portion of the Regnart Road study area is underlain by bedrock
materials of the Santa Clara Formation. The Santa Clara Formation is characterized by
Pliocene-aged alluvial fan deposits consisting of moderately consolidated, interbedded
sandstone, siltstone, claystone and conglomerate (See Figure 2, Regional Geologic Map).
The origin of the Santa Clara Formation stems from the genesis of the Santa Cruz
Mountains uplift, which began approximately 2 to 3 million years ago. This uplift was
caused by oblique convergence of the Pacific and North American plates across the San
Andreas fault, which makes a westward bend through this portion of the Santa Cruz
Mountains. The plate convergence, or collision, results in compression and the
development of thrust faults flanking the San Andreas fault. These thrust faults
accommodate the vertical component of oblique convergence, whereas the San Andreas
fault accommodates the horizontal component of the plate motion. The Monta Vista
fault is one such thrust fault, and this fault is located near the intersection of Lindy Lane
and Regnart Road. Upslope (southwest) of this fault is an erosional environment due to
the actively uplifting mountain range, with Regnart Creek incising through, and
exposing Santa Clara Formation bedrock. Downslope of the Monta Vista fault is the
depositional environment of the valley floor alluvium, which is a modern day fan
deposit and an analog for the depositional environment of the Santa Clara Formation.
Seismicity - The subject site is situated in a seismically active area. Historically, this
area has been subjected to strong ground shaking from major earthquakes, and will
continue to experience strong ground shaking in the future. The site is not located
within the mapped limits of a State Earthquake Fault Zone, which is an area delineating
ground surrounding a Holocene active fault that is susceptible to ground rupture during
a earthquake. The site is not located within a California Geological Survey (CGS)
liquefaction hazard zone; however, it is located within a CGS earthquake induced
landslide zone (CGS, 2002). The Monta Vista-Shannon fault, the Berrocal fault, and the
San Andreas fault are the closest major Holocene active faults and are located
approximately 2,900 feet, 1 mile, and 4.4 miles from the subject property, respectively.
Page 5
COTTON, SHIRES AND ASSOCIATES, INC.
SITE CONDITIONS
Surface Conditions - Site #1 and #2 consists of a 140-foot long stretch of Regnart Road
paralleling Regnart Creek, characterized by very steep to precipitously steep creek
embankment slopes very near the edge of the roadway (see Figure 3, Engineering
Geologic Map). The roadway surface along this stretch contains abundant cracks sub-
parallel with the edge of the road, characteristic of slope creep/incipient landsliding.
Near Station 29+50, the site is characterized by severe erosional undermining of the
roadway embankment, which is approximately 10 feet high, and precipitously steep (45-
degrees to near-vertical) at this location. A prominent scour hole has developed in the
bank, approximately 3 horizontal feet deep toward the road (see Figure 4, Engineering
Geologic Cross Section A-A’; and Photograph 1). It appears that most of this stretch of
the creek embankment was lined with sacked concrete many years ago, and some gaps
in the lining appear to reflect where the Creek dynamics are exacerbating erosion and
plucking the sacked concrete blocks. At Station 29+50, the old sacked-concrete wall has
experienced outflanking of its downstream end, producing eccentric flow and
concentrated erosion at this location, resulting in severe embankment scour and
undermining. The driving surface is dangerously close to this scour zone, and there is
no shoulder at this location (see Photographs 1 and 2).
From Station 29+20 to 28+60, the site is characterized by three prominent scour
zones where slope instability has encroached to the outer edge of the roadway. The
sacked concrete embankment lining is in poor condition along much of this stretch, and
has been severely scoured along the back of the wall near Station 28+80 (see Figures 4, 5,
and 6; Engineering Geologic Cross Sections A-A’, B-B’, and C-C’). It appears that
periodic high creek flow has scoured the artificial fill from behind the sackrete wall,
leaving a large void behind the wall. The roadway is dangerously close to this void, and
there is no road shoulder at this location.
Subsurface Conditions - We explored the subsurface conditions in December 2018 with
the excavation of three small-diameter exploratory boreholes (CSA/B1, CSA/B2 and
CSA/B3) within the outboard lane of Regnart Road (see Figure 3, Engineering Geologic
Map). The borings were drilled by Britton Exploration of Los Gatos and were excavated
to depths of between 21 and 31 feet in depth, and were grouted following completion.
The exploratory boreholes encountered the following conditions:
CSA/B-1 – Exploratory borehole CSA/B-1 was located at Station 29+65 along the
outboard lane of Regnart Road in an area of profuse road cracking. In this borehole, we
encountered 4 feet of artificial fill consisting of medium dense gravelly silty sand. A
layer of colluvial soil was encountered from 4- to 6.5-feet in depth consisting of loose,
dark brown silty sand. Below the colluvial soil, we encountered deeply weathered
CSA
B-3
Topographic Contours
(Major and Minor)
Colluvium
Artificial Fill
Santa Clara Formation
Qa
Qc
QTsc
EXPLANATION
EARTH MATERIALS
Small-Diameter Borings
Af
Utility Pole
Alluvium
MAP SYMBOLS
Roadway Stationing
High Water Markers
Tree
Area of Instability
29+50
Scarps of Unstable Areas
5
0
5
'
50
0
'
49
5
'
493
'
CSA/B-2
CSA/B-3
Regnart Road
500'
51
0
'
500'
505'
500'49
5
'
490
'
490'
Utility
Pole
North
0 5 10 20
(feet)
A
A'
B
C
B'
C'
28+50
Qc
QcQTsc
Af
Qa
Qa
Qc
Qa
Qa
Af
QTsc
Qc
Qc
29+0029+50
Qc
Af
Qa
Qc
Af
Af Qc
Drop Inlet
(5.3' Invert)
Asphalt
Curb
Water
Marker
High Water
Marker
16"Ø CMP
2.5"Ø Water Pipe
(Abandoned)2.5"Ø Water Pipe
(Abandoned)
2.5"Ø Water Pipe
(Abandoned)
Sakrete
Reinforced
Creek Bank
QTsc
49
2
'
Creek Bank
Undermined
1.5'-3.0'
Qc
4
9
1
'
Sloughing Fill Material,
4"-6" Drop at Road Edge
Sloughing
Colluvium in
Creek Bank
Sloughing Fill Material,
8"-12" Drop at Road Edge
Sloughing Fill Material,
4"-6" Drop at Road Edge
Partially Undermined Sakrete
Reinforced Creek Bank
City
Monument
Recent
Roadway
Patch
Culvert
Property Line
(Approximate)
CSA/B-1 Utility Pole
(Cut Off)
Roadway
Centerline
Profuse
Road Cracks
12"Ø
Tree
18"Ø
Tree
3x18"Ø Tree
Sakrete
Reinforced
Creek Bank
COTTON,SHIRES AND ASSOCIATES, INC.
CONSULTING ENGINEERS AND GEOLOGISTS
CUPERTINO, CALIFORNIA
G5048
JW
JD
FEBRUARY 2020
1"=10'
FIGURE NO.
PROJECT NO.
DATE
SCALE
APPROVED BY
GEO/ENG BY
ENGINEERING GEOLOGIC MAP
3
Regnart Road Sites 1 and 2
Notes: Base map compiled from detailed (1-foot contour interval) topographic survey by Cotton, Shires and Associates,
Inc. on December 12 & 13, 2018. Elevation data is based on arbitrary datum set by Cotton, Shires and Associates, Inc.,
and is not based on an established City or State elevation datum.
1. This is not a map of a boundary survey. No property corners have been set as part of this work.
2. Survey monuments found in the course of this mapping are set by others, and have been used only as a reference for
the purpose of topographic mapping, without our verification of their agreement with applicable legal descriptions and
seniority of deeds.
3. Relation of topographic features (i.e., fences, walls, trees, power poles, etc.) to property lines as shown on this map is
subject to the adjustments that a boundary survey may require.
4. This survey was prepared without the benefit of a Title Report. Easements, if any, are not shown on this map.
5. If this map is provided in an electronic format as a courtesy to client, delivery of the electronic file does not constitute
delivery of a professional work product. The signed paper print delivered with this electronic file constitutes our
professional work product and, in the event the electronic file is altered, the print must be referred to for the original and
correct survey information. We shall not be responsible for any modifications made to the electronic file or for any
products derived from the electronic file which are not reviewed, signed and sealed by us.
TD=31'
B-1
(proj 12'N)
500
A
470
480
490
510
El
e
v
a
t
i
o
n
(
f
e
e
t
)
500
A' (29+53)
470
480
490
510
El
e
v
a
t
i
o
n
(
f
e
e
t
)
2.5" Ø Metal
Water Pipe
(Abandoned)
Regnart
Road
Driveway
Unweathered
Bedrock
(QTsc)
Weathered
Bedrock
(QTsc)
Artificial Fill
(Af)
Colluvium
(Qc)
Colluvium
(Qc)
Creek
?
?
?
?
?
Ordinary High
Water Elevation
499.94'
Fallen
Tree
?
?
?
COTTON,S HIRES AND ASSOCIATES, INC.
CONSULTING ENGINEERS AND GEOLOGISTS
CUPERTINO, CALIFORNIA
G5048
JW
JD
FEBRUARY 2020
1"=10'
FIGURE NO.
PROJECT NO.
DATE
SCALE
APPROVED BY
GEO/ENG BY
ENGINEERING GEOLOGIC SECTION A-A'
4
Regnart Road Sites 1 & 2
TD=25.5'
B-2
(proj 8'N)
B
500
470
480
490
510
El
e
v
a
t
i
o
n
(
f
e
e
t
)
500
B' (29+08)
470
480
490
510
El
e
v
a
t
i
o
n
(
f
e
e
t
)
Sakrete
Reinforced
Creek Bank
(Poor Condition)
Regnart
Road
Weathered
Bedrock
(QTsc)
Unweathered
Bedrock
(QTsc)
Artificial Fill
(Af)
Colluvium
(Qc)Colluvium
(Qc)
Creek
?
??
?
Ordinary High
Water Elevation
494.62'
??
?
?
COTTON,S HIRES AND ASSOCIATES, INC.
CONSULTING ENGINEERS AND GEOLOGISTS
CUPERTINO, CALIFORNIA
G5048
JW
JD
FEBRUARY 2020
1"=10'
FIGURE NO.
PROJECT NO.
DATE
SCALE
APPROVED BY
GEO/ENG BY
ENGINEERING GEOLOGIC SECTION B-B'
5
Regnart Road Sites 1 & 2
TD=21'
B-3
(proj 2'S)
500
C
470
480
490
510
El
e
v
a
t
i
o
n
(
f
e
e
t
)
C' (28+80)
500
470
480
490
510
El
e
v
a
t
i
o
n
(
f
e
e
t
)
2.5" Ø Metal
Water Pipe
(Abandoned)
Regnart
Road
Weathered
Bedrock
(QTsc)
Unweathered
Bedrock
(QTsc)
Colluvium
(Qc)Colluvium
(Qc)Sakrete
Reinforced
Creek Bank
(Poor Condition)
Creek
Artificial Fill
(Af)
?
???
Ordinary High
Water Elevation
492.31'
?
?
?
?
COTTON,S HIRES AND ASSOCIATES, INC.
CONSULTING ENGINEERS AND GEOLOGISTS
CUPERTINO, CALIFORNIA
G5048
JW
JD
FEBRUARY 2020
1"=10'
FIGURE NO.
PROJECT NO.
DATE
SCALE
APPROVED BY
GEO/ENG BY
ENGINEERING GEOLOGIC SECTION C-C'
6
Regnart Road Sites 1 & 2
Page 6
COTTON, SHIRES AND ASSOCIATES, INC.
bedrock materials of the Santa Clara Formation to a depth of 20 feet consisting of loose
to medium dense sandstone and soft claystone. At a depth of 20 feet below the ground
surface, we encountered less weathered, and much stronger claystone bedrock materials
to the bottom of the borehole at 31.5 feet. Groundwater was not encountered in this
borehole.
CSA/B-2 – Exploratory borehole CSA/B-2 was located at Station 29+15 along the
outboard lane of Regnart Road in an area of recent roadway paving. In this borehole,
we encountered 4 feet of artificial fill consisting of medium dense gravelly silty sand. A
layer of colluvial soil was encountered from 4- to 7.5-feet in depth consisting of medium
dense, dark brown silty sand. Below the colluvial soil, we encountered deeply
weathered bedrock materials of the Santa Clara Formation to a depth of 15 feet
consisting of stiff to very stiff siltstone and claystone. At a depth of 15 feet below the
ground surface, we encountered less weathered, and much stronger sandstone and
claystone bedrock materials to the bottom of the borehole at 25.5 feet. Groundwater was
encountered in this borehole at a depth of 19 feet below the ground surface.
CSA/B-3 – Exploratory borehole CSA/B-3 was located at Station 28+78 along the
outboard lane of Regnart Road in an area of abundant road cracking. In this borehole,
we encountered 4 feet of artificial fill consisting of loose to medium dense gravelly silty
sand. A layer of colluvial soil was encountered from 4- to 10.5-feet in depth consisting
of stiff, dark brown silty clay and very loose brown clayey sand. The clay-rich colluvial
soil became wet at a depth of approximately 7 feet. Below the colluvial soil, we
encountered deeply weathered bedrock materials of the Santa Clara Formation to a
depth of 15 feet consisting of medium stiff claystone. At a depth of 15 feet below the
ground surface, we encountered less weathered, and much stronger claystone bedrock
materials to the bottom of the borehole at 21.5 feet. Groundwater was encountered in
this borehole at a depth of 19 feet below the ground surface.
Groundwater Conditions - Groundwater was encountered at a depth of 19 feet in
boreholes CSA/B-2 and CSA/B-3. The boreholes were not open for a significant length of
time to allow for groundwater elevations to stabilize; thus, groundwater should be
anticipated in any pier drilling operations at depths of approximately 10 feet, which is
the base level of Regnart Creek. Groundwater levels will likely vary with time and
location depending on rainfall and runoff conditions.
Laboratory Testing - We performed laboratory tests on undisturbed samples obtained
from the borings to assist in our characterization of the subsurface materials. Those tests
included Atterberg Limits, in-situ unit weight, and natural moisture content, sieve
analysis, hydrometer, and triaxial shear test. Based on the results of these tests, the
artificial fill appears to have moderate moisture content (8.7% to 11.5%), and moderate
dry unit weight (105 pcf to 111 pcf). The colluvial soils appears to have moderate to
Page 7
COTTON, SHIRES AND ASSOCIATES, INC.
high plasticity (Liquid Limit = 40 and 45 and Plasticity Index = 20 to 25), moderate to
high moisture content (10.9% to 24.6%), moderate dry unit weight (101 pcf to 110 pcf),
and relatively similar percentages of sands, silts and clays (36.6% to 41.2% sand, 23% to
33.1% silt, and 24.6% to 28.4% clay). The claystone/siltstone bedrock has moderate to
high moisture content (12.4% to 37.1%), low to moderate dry unit weight (85 pcf to 123
pcf), and a moderate to high friction angle 32.30 to 38.70.
POTENTIAL GEOLOGIC AND GEOTECHNICAL HAZARDS
Geologic and geotechnical hazards that may impact the roadway include the following:
1) slope failures (landslides, slumping, soil creep, and erosion); and 2) seismic shaking,
(lurching, landsliding, liquefaction, and fault rupture). In the following sections, we
describe these hazards along with corresponding degrees of determined potential risk,
and provide recommendations for mitigation measures.
Slope Failures - Based on our field mapping and logging of the small-diameter
boreholes, we have identified several slope failure hazards at the site, including: 1)
shallow debris slumps and slides; 2) undercutting and erosion due to scour along
Regnart Creek; and 3) surficial soil creep.
Shallow Debris Slumps and Slides – Several recent and older shallow debris
slumps and slides have occurred along the creek embankment slopes. The mechanisms
of slope failure include saturation of the outer several feet of the hillside during intense
rainfall events, and erosion of the creek bank due to scour from Regnart Creek. We
judge that the potential for future slope failures along the approximately 150-foot stretch
of roadway at Site #1 and #2, is high, and that without mitigation, the slope failures
could adversely impact the roadway.
In order to mitigate the high potential for future slope failures to adversely impact the
roadway, we propose a buried shear pin retaining wall near the top of the slope.
Undercutting and Erosion – Regnart Creek is responsible for scour and
undermining of the embankment. The proposed shear pin wall would limit the upslope
encroachment of the scour and embankment failures into the roadway. However, this
type of mitigation would not eliminate future erosional scour at the base of the
embankment slope. This erosion could eventually expose the concrete shear pins. The
buried wall would be designed to withstand this potential loss of material; however,
creek scour could eventually erode soil materials from between the shear pins.
To reduce the potential for erosion from between the shear pins, consideration
could be given to placing rip rap slope protection at the base of the embankment slope.
Page 8
COTTON, SHIRES AND ASSOCIATES, INC.
Additionally, the sites could be monitored for performance, and if creek scour threatens
to undermine the shear pin wall, rip rap could be placed at that time. Alternatively,
exposed bays between shear pins could be retained with rebar doweled into the shear
pins and shotcrete.
Surficial Soil Creep - The artificial fill and colluvial soil deposits in the upper
several feet of the slope are susceptible to surficial soil creep. We judge that the
potential for soil creep to adversely impact the roadway in a catastrophic manner is low.
However, soil creep is currently adversely impacting the roadway, resulting in
abundant roadway cracks and settlement.
To reduce the potential for soil creep, the proposed buried shear pin wall will
include a reinforced concrete tie beam that would help contain creeping surficial earth
materials.
Seismic Hazards - Seismic ground shaking associated with a large earthquake on either
the San Andreas or Monta Vista faults is considered to be a high potential hazard in the
project area. Peak ground accelerations (PGAM) of up 1.21g should be anticipated at the
site. Seismically-induced ground failure mechanisms include fault rupture, lurching,
landslides, liquefaction (and lateral spreading), and dry densification.
Fault Rupture - No active faults have been recognized on, or mapped through
the subject site; consequently, the potential for surface faulting and ground rupturing on
the property is considered to be low.
Lurching - The potential for lurching due to earthquake shaking is considered to
be moderate to high, and could result in differential settlements and ground cracking
near the edge of the roadway, and in some areas we would anticipate localized shallow
slope failures to encroach upon the driving surface of the roadway.
Seismically Induced Landsliding - The potential for seismically induced
landsliding of the steep embankment slopes is considered to be high. The potential for
deep landsliding, which could impact deep foundations, is considered to be low. The
recommended shear pin wall should reduce the hazard of earthquake-induced slope
failures to adversely impact the roadway to acceptable levels.
Liquefaction - Soil liquefaction is a phenomenon in which a saturated,
cohesionless or non-plastic, near-surface soil layer loses strength during cyclic loading
(such as that typically generated by earthquakes). During the loss of strength, the soil
develops mobility sufficient to permit both horizontal and vertical movements. Soils
that are most susceptible to liquefaction are loose, saturated, fine-grained sands and
non-plastic silts that are generally located within 50 feet of the ground surface. Due to
Page 9
COTTON, SHIRES AND ASSOCIATES, INC.
the shallow depth to bedrock materials (10.5 feet or less), and the depth of groundwater
(assumed to be deeper than 10 feet), the potential for liquefaction (and lateral spreading)
is considered to be low.
MITIGATION ALTERNATIVES
We evaluated several mitigation alternatives for the site, discussed these in
meetings with you, and identified Alternative 3 as the preferred alternative, as
summarized below:
1. Pier-Supported MSE Wall in Creek – Embankment stabilization could be
constructed to facilitate increasing the width of the road shoulder on the
outboard edge, utilizing a Mechanically Stabilized Earth (MSE) wall atop a pier-
supported footing along the base of the existing embankment. The pier-
supported footing would contain a reinforced grade beam that would resist creek
scour and settlement, and would provide support for the MSE wall. The wall
and compacted backfill would be constructed so that the top of the bank would
be shifted toward the creek to allow a wider road shoulder.
The limitations of this alternative would be the time, uncertainty, and expense of
permitting a structure within the riparian corridor, which would include
significant grading within the creek channel. Additionally, hydrologic analyses
would be required to demonstrate that the structure would not alter the flow
dynamics of the creek and adversely impact upstream or downstream reaches of
the creek. The benefits of this alternative would be the stabilization of the creek
bank for the entire 150-foot stretch of the creek.
2. Place Culvert and Fill in Creek Channel – The entire Site #1 and #2 stretch of
creek presents a scour and embankment slump hazard to the roadway. To
eliminate the scour and undermining, this stretch of creek could backfilled with
engineered fill, and a culvert (with headwall and wing walls and the entrance
and exit) placed along the creek channel within the fill, effectively eliminating
the hazard.
The benefits of this alternative include the elimination of scour and embankment
failures, and would facilitate widening the roadway if so desired. The
limitations of this alternative would be the time, uncertainty, and expense of
permitting this type of repair within the riparian corridor, which would include
significant grading within the creek channel. There are several other locations
along this stretch of Regnart Creek where this type of alternative has been
implemented, but for much shorter stretches of creek, and it was most likely
Page 10
COTTON, SHIRES AND ASSOCIATES, INC.
implemented many years ago under different permitting circumstances. This
alternative would necessarily include a hydrologic analysis to size the culvert
appropriately, and to demonstrate that this alternative would not adversely
impact flow dynamics on either side of the culvert.
3. Construct Shear Pin Wall Along Roadway Edge (preferred alternative) -
Embankment stabilization could be constructed near the top of the roadway
shoulder utilizing a shear pin wall to facilitate stabilization of the creek
embankment. The shear pin wall would contain a reinforced grade beam across
the top that could be cantilevered to increase the roadway/shoulder width, if
desired. The buried wall would be outside of the creek channel, and thus, would
not impact current creek flow dynamics. The shear pins would be installed to
depths that would withstand creek scour should the creek ever encroach further
westward toward the roadway.
The limitations of this alternative would be the construction inconvenience to
traffic, as the outboard lane of Regnart Road would necessarily be closed for a
significant length of time. However, it is likely that one lane would remain open
during construction.
Page 11
COTTON, SHIRES AND ASSOCIATES, INC.
Photograph 1 – Station 29+50 showing scour beneath the oversteepened creek
embankment and old deteriorated sacked concrete wall. The photograph captured a
car driving along Regnart Road for scale.
Page 12
COTTON, SHIRES AND ASSOCIATES, INC.
Photograph 2 – Photograph of Station 28+70 illustrating the precipitous embankment
and lack of roadway shoulder. The failing sacked concrete wall within the creek
cannot be seen, but road cracks in this area suggest that the embankment is
experiencing creep and possible incipient slump failure.
GEOTECHNICAL RECOMMENDATIONS
Mitigation Recommendations - In order to stabilize the outboard edge of the roadway
and mitigate future upslope propagation of the sloughing and eroding soils, we
recommend constructing a row of deep (minimum 25 feet) drilled shear-pin piers tied
together with a tiebeam adjacent to the outboard edge of the roadway.
While this retaining wall structure should protect the roadway from being impacted by
future sloughing and erosion, it will not mitigate slope failures from occurring out-
board of the wall. It is possible that, over time, the slope will continue to fail and
eventually expose portions of the new deep piers. This may result in visual impacts, but
should not compromise the integrity of the wall if properly designed and constructed.
Page 13
COTTON, SHIRES AND ASSOCIATES, INC.
We recommend that the downslope side of the wall be monitored/inspected at 5-year
intervals, or after significant rainfall and/or strong seismic ground shaking events.
Significant rainfall events would include heavy ‘El Nino’ type winters, rainfall events
exceeding 3 inches per day, or local short-term torrential rains that exceed 1 inch per
hour. Strong Seismic ground shaking would include magnitude 6.0 events or larger
within 10 miles of the site, or magnitude 6.5 earthquakes or larger within 50 miles of the
site. If the piers are exposed on the slope, then CSA recommends that the bays between
shear pins be filled/connected with doweled reinforcing steel and shotcrete or concrete.
We recommend that a structural engineer be consulted to provide dowel embedment,
reinforcing schedule and concrete mix recommendations.
Drilled Piers (Shear Pins) - The shear pins should be cast-in-place, reinforced concrete
piers with a minimum diameter of 30 inches. The piers should be spaced at
approximately 6-foot on-centers (3.5-foot edge-to-edge) and can vary slightly to avoid
obstructions, extend at least to a depth of 25 feet, and consist of cast-in-place reinforced
concrete piers. The piers should be designed to resist an active lateral fluid pressure of
40 pounds-per-cubic foot (pcf) extending to a depth of 11 feet below the roadway surface
and an additional vehicle surcharge uniform pressure of 250 pounds-per-square foot
(psf) extending to a depth of 10 feet. The wall should also be designed to resist
earthquake loading on the wall equal to a triangular load of 22H2 extending to a depth
of 11 feet in addition to the active pressure and vehicle surcharge. To calculate
resistance to lateral forces, use an equivalent fluid passive resistance below a depth of 11
feet (as measured from the roadway surface) equal to 500 pounds-per-cubic foot (pcf)
and 625 pcf for seismic (See Pressure Diagram below). The passive pressure includes a
Factor of Safety of 1.5 and can be applied against the sides of the pier and over an
effective width of two (2) pier diameters. Piers should be constructed using beams or a
cage of reinforcing bars, as required by the Project Structural Engineer.
The top of the piers should be connected with a tiebeam. The upper portion of the piers
may require forming to create vertical surfaces, and avoid “mushrooming” of pier tops
and over-pours around tiebeam. The pier holes should be cleaned of all loose material
prior to the placement of steel and concrete. If water is present in the pier holes prior to
placing concrete (and we anticipate that this could be the case), the water should be
pumped out until the pier holes are dry (maximum 6 inches of standing water). Casing
may be necessary to prevent caving.
Tiebeam - The tops of the shear pins should be held together and connected with a
minimum 3-foot wide (wider if piers are larger than 2.5-foot in diameter) by 3-foot deep
continuous concrete reinforced tiebeam, as required by the Project Structural Engineer.
Grading - The Contractor should anticipate using heavy-duty excavation equipment
(high torque drill rigs) with rock bits in order to achieve the design embedment depths.
Page 14
COTTON, SHIRES AND ASSOCIATES, INC.
Depending on the time of year, excavations below about 5 feet could require dewatering.
All loose material, vegetation, debris, and other deleterious material should be stripped,
removed and off-hauled. This material should be disposed of in a suitable, legal location
off-site. Excavation should proceed as necessary for planned grades, and soft and/or
yielding materials in the location of the planned structure should be over-excavated and
replaced with engineered fill. Areas to be filled should be scarified to at least an 8-inch
depth, moisture conditioned to at least optimum moisture content and compacted to at
least 90 percent relative compaction based on ASTM D-1557-12.
Page 15
COTTON, SHIRES AND ASSOCIATES, INC.
Compaction – We anticipate that backfill may be necessary around the tiebeam (if
formed) and above the piers. The on-site drill spoil material is suitable for re-use as
compacted fill provided it is well mixed, free of organic material and other debris and
rocks greater than 4 inches in maximum dimension. Excavated spoils of artificial fill
and/or colluvial soils will need to be evaluated and possibly tested by CSA prior to
approval for re-use as engineered fill. Imported fill should be free of organic material,
should contain no material larger than 4 inches and should have a Plasticity Index of less
than 16. Once the area has been prepared, including removing the existing fill material,
the new fill should be placed in horizontal lifts not exceeding 8 inches in loose lift
thickness, moisture conditioned to at least optimum moisture content, and compacted in
lifts to at least 95 percent relative compaction beneath all structures, and 18 inches below
aggregate base rock for pavements, and 90 percent relative compaction elsewhere.
Utilities - Replaced underground utilities should be placed at least 2 feet below final
ground surface. Bedding materials for pipes should be in accordance with the
manufacturer's recommendations. Trenches should be backfilled with either on-site or
approved import fill material compacted to a minimum of 90% of maximum dry unit
weight in non-structural areas and a minimum of 95% of maximum dry unit weight
beneath structures and the upper 18 inches of pavement subgrades. It is important to
use equipment and methods that are suitable for work in confined areas without
damaging the walls or conduits.
Erosion Control - All grounds disturbed by construction activities should be planted
with vegetation or treated with hydroseed prior to exposure to rain. If necessary, an
approved Storm Water Pollution Prevention Plan (SWPPP) should be implemented in
accordance with Caltrans Standard Specifications. If freshly graded surfaces are
exposed to rain, this plan should include properly staked straw bale barriers at the top
of the slope.
Seismic Design - A peak ground acceleration PGAM of 1.21g should be anticipated for
design purposes at the site. Based on our geotechnical investigation, the site location,
our interpretation of the 2019 CBC documents related to Earthquake Loads and ASCE 7-
16, we are providing the following parameter recommendations:
Page 16
COTTON, SHIRES AND ASSOCIATES, INC.
Table 2 – Seismic Design Parameters
Parameter Value
Site Classification C
Mapped Spectral Acc. 0.2 Sec. (g) Ss = 2.438
Mapped Spectral Acc. 1 Sec. (g) S1 = 0.87
Fa – Site Coefficient 1.2
Fv – Site Coefficient 1.4
SMS = FaSs 2.925
SM1 = FvS1 1.218
SDS=2/3 SMS 1.95
SD1=2/3 SM1 0.812
TL 12
Ie 1
CV 1.3
Plan Review - Supplemental geotechnical design recommendations should be provided
by our firm based on specific design needs developed by the other project design
professionals. This report, and any supplemental recommendations, should be
reviewed by the contractor as part of the bid process. It is strongly recommended that
no construction be started nor grading undertaken until the final drawings,
specifications, and calculations have been reviewed and approved in writing by a
representative of Cotton, Shires and Associates, Inc.
Earthwork Construction Inspection - We should observe all tie beam and shear pin pier
excavations (drilling) to confirm that the bearing material is as anticipated and at the
depths expected, and that the bottom is in firm material. We should test grading,
including subgrade preparation, to verify that the contractor meets the recommended
material quality, moisture conditioning and compaction requirements. We should
inspect pier excavations to confirm that the materials encountered are as anticipated and
to verify adequate embedment depth of piers. A representative of Cotton Shires and
Associates, Inc. should be given a minimum of 48 hours advance notice of construction
activities requiring inspection and/or testing services.
Page 17
COTTON, SHIRES AND ASSOCIATES, INC.
LIMITATIONS
Our services consist of professional opinions and recommendations made in accordance
with generally accepted engineering geology and geotechnical engineering principles
and practices. No warranty, expressed or implied, or merchantability of fitness, is made
or intended in connection with our work, by the proposal for consulting or other
services, or by the furnishing of oral or written reports or findings. The investigation
was performed and this report prepared for the exclusive use of the client, and for
specific application to proposed site development as outlined in the body of the report.
Any recommendations and/or design criteria presented in this report are contingent
upon our firm being retained to review the final drawings and specifications, to be
consulted when any questions arise with regard to the recommendations contained
herein, and to provide testing and inspection services for earthwork and construction
operations. Unanticipated soil and geologic conditions are commonly encountered
during construction that cannot be fully determined from existing exposures or by
limited subsurface investigation. Such conditions may require additional expenditures
during construction to obtain a properly constructed project. Some contingency fund is
recommended to accommodate these possible extra costs.
This report is issued with the understanding that it is the responsibility of the owner, or
of their representative, to ensure that the information and recommendations contained
herein are called to the attention of the Project Engineer and incorporated into the plans.
Furthermore, it is also the responsibility of the owner, or of their representative, to
ensure that the contractor and subcontractors carry out such recommendations in the
field.
Page 18
COTTON, SHIRES AND ASSOCIATES, INC.
7.0 REFERENCES
ASCE 7 Hazard Tool, Online Application, ASCE/SEI 7-16.
California Geological Survey, Special Publication 117A, Guidelines for Evaluating and
Mitigating Seismic Hazards in California, 2008.
California Geological Survey, Earthquake Zones of Required Investigation, Cupertino
Quadrangle, 2002.
Cotton, Shires and Associates, Inc., 2018, Geotechnical Reconnaissance Investigation,
Regnart Road, dated May 2018.
Stark T.D., Choi H., and McCone, S., Drained Shear Strength Parameters for Analysis of
Landslides, Journal of Geotechnical and Geoenvironmental Engineering, May 2005,
Volume 131, No. 5, Pages 575-588.
Terzaghi, K., and Peck, R.B., 1967, Soil Mechanics in Engineering Practice, John Wiley
and Sons, Inc.
U. S. Department of the Navy, 1986; Design Manual Soil Mechanics, Foundations, and
Earth Structures, NAVFAC DM-7.02.
Page 19
COTTON, SHIRES AND ASSOCIATES, INC.
APPENDIX A
FIELD INVESTIGATION
We explored the subsurface conditions at the Regnart Road site in Cupertino, California
on December 20, 2018 by means of three borings drilled to depths of between 21 and 31
feet using track-mounted drilling equipment provided by Britton Exploration of Los
Gatos, California. The locations of the borings are shown on the attached Engineering
Geologic Map, Figure 3. The engineer who logged the borings visually classified the
soils in accordance with ASTM D-2487. We obtained relatively undisturbed samples of
the materials encountered at selected depths. These samples were obtained in brass
liners that were 2.5 inches in outside diameter and 6 inches long; the liners were placed
inside a 3-inch diameter modified split-barrel California Sampler for sampling. The
sampler was driven with a 140-pound hammer that was raised by an automatic hammer
and allowed to freely fall about 30 inches. We also performed Standard Penetration
Tests at selected depths. The depths of the sampling are shown on the boring logs. The
circled number at the conclusion of the sampling interval represents the corrected blow
count from a modified California sampler to Standard Penetration Test value
accomplished by multiplying the blow count by a factor of 0.68.
Descriptive logs of the borings are presented in this appendix. These logs depict our
interpretation of the subsurface conditions at the dates and locations indicated, based on
representative samples collected at roughly five-foot sampling intervals. It is not
warranted that they are representative of subsurface conditions at other times and
locations. The contacts on the logs represent the approximate boundaries between earth
materials, and the transitions between these materials may be gradual.
Page 20
COTTON, SHIRES AND ASSOCIATES, INC.
LABORATORY TESTING
The laboratory analysis performed for the site consisted of limited testing of the
principal soil types sampled during the field investigation to evaluate index properties
and strength parameters of subsurface materials. The soil descriptions and the field and
laboratory test results were used to assign parameters to the various materials at the site.
The results of the laboratory testing program are presented in this appendix and on the
boring logs.
The following laboratory tests were performed as part of this investigation:
1. Detailed soil description, ASTM D2487;
2. Natural moisture content of the soil, ASTM D2216;
3. In-situ unit weight of the soil (wet and dry);
4. Sieve analysis, ASTM D422;
5. Atterberg limits determination: ASTM D 4318; and
6. Triaxial compression shear strength of the soil, ASTM D4767.
Page 21
COTTON, SHIRES AND ASSOCIATES, INC.
APPENDIX A – FIELD INVESTIGATION
Logs of Small-Diameter Boreholes
COTTON, SHIRES AND ASSOCIATES, INC.
LOG OF EXPLORATORY DRILLING
Project
Location
Drilling Contractor/Rig
Ground Surface Elev.
Surface
Logged By
Boring
Project No.
Date of Drilling
Hole Diameter
Weather
Remarks
De
p
t
h
(f
e
e
t
)
Gr
a
p
h
i
c
Lo
g
US
C
S
Cl
a
s
s
.
Sheet 1 of 2
HIRES AND ASSOCIATES, INC.SC
CONSULTING ENGINEERS AND GEOLOGISTS
OTTON,
Geotechnical Description
Sa
m
p
l
e
De
s
i
g
.
Mo
i
s
t
u
r
e
Co
n
t
e
n
t
(
%
)
SP
T
Bl
o
w
s
/
f
t
Sa
m
p
l
e
Ty
p
e
Re
c
o
v
.
(%
)
TRH
Dr
y
U
n
i
t
We
i
g
h
t
(
p
c
f
)
CSA / B-1Regnart Road
G5048
12/20/2018
Driller: Paul Britton
Helpers: Sergio + Dave
Start Time = 09:10
Britton Exploration / CME 550 Tracked Rig
8" HSA
Asphalt road Sunny, Clear
1
2
3
4
5
6
7
8
9
10
11
12
13
14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
11
17
15
MC
T-1
T-2
7
5
5
MC
T-3
T-4
5
7
4
MCT-5
T-6
7
12
15
MCT-7
T-8
5
4
3
MCT-9
T-10
Af
0.0'-4.0': ARTIFICIAL FILL
3.0'-4.0' Silty Sand - Dark brown, medium
dense,
SM
5" AC
Af - Gravelly Silty Sand - Gray-brown,
medium dense, dry
S
a
n
d
s
t
o
n
e
(
S
M
)
6.5'-20.0': WEATHERED SANTA
CLARA QTsc
6.5'-11.0' Silty Sandstone - Dark brown,
medium dense, rootlets, oxidized
11.0'-15.0' Claystone - Dark brown, soft,
moist, high plasticity, oxidized, soil-likeC
l
a
y
s
t
o
n
e
SM
4.0'-6.5': COLLUVIUM Qc
4.0'-6.5' Silty Sand - Dark brown, loose
SM
STN 29 + 65
105 11.5
88 18.0
22
7
8
18
5
504.5'
Project Boring
Remarks
De
p
t
h
(f
e
e
t
)
Gr
a
p
h
i
c
Lo
g
US
C
S
Cl
a
s
s
.
Sheet 2 of 2
Date
HIRES AND ASSOCIATES, INC.SC
CONSULTING ENGINEERS AND GEOLOGISTS
OTTON,
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Geotechnical Description
Sa
m
p
l
e
De
s
i
g
.
Mo
i
s
t
u
r
e
Co
n
t
e
n
t
(
%
)
SP
T
Bl
o
w
s
/
f
t
Sa
m
p
l
e
Ty
p
e
Re
c
o
v
.
(%
)
Dr
y
U
n
i
t
We
i
g
h
t
(
p
c
f
)
CSA / B-1
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
12/20/2018
Finished sampling
@ 10:15
Regnart Road / G5048
2
4
6
MCT-11
T-12
8
17
18
MC
T-13
T-14
16
43
50/4
MC
T-15
T-16
15
50/6
MC
T-17
T-18
Total Depth = 31.0'
No GW Encountered
20.0'-BOH: SANTA CLARA QTsc
15.0'-20.0' Weathered Claystone -
Blue-gray, wet, weak, oxidized
20.0'-BOH Claystone - Gray, weak, friable,
interbedded brown silt, slight oxidation
--Silty with fine sand
--Dusky brown, black
85 37.1 TX/CU Ø'=38.7°
7
24
63/10"
34/6"
C
l
a
y
s
t
o
n
e
C
l
a
y
s
t
o
n
e
(
C
H
)
COTTON, SHIRES AND ASSOCIATES, INC.
LOG OF EXPLORATORY DRILLING
Project
Location
Drilling Contractor/Rig
Ground Surface Elev.
Surface
Logged By
Boring
Project No.
Date of Drilling
Hole Diameter
Weather
Remarks
De
p
t
h
(f
e
e
t
)
Gr
a
p
h
i
c
Lo
g
US
C
S
Cl
a
s
s
.
Sheet 1 of 2
HIRES AND ASSOCIATES, INC.SC
CONSULTING ENGINEERS AND GEOLOGISTS
OTTON,
Geotechnical Description
Sa
m
p
l
e
De
s
i
g
.
Mo
i
s
t
u
r
e
Co
n
t
e
n
t
(
%
)
SP
T
Bl
o
w
s
/
f
t
Sa
m
p
l
e
Ty
p
e
Re
c
o
v
.
(%
)
TRH
Dr
y
U
n
i
t
We
i
g
h
t
(
p
c
f
)
CSA / B-2Regnart Road
G5048
12/20/2018
Driller: Paul Britton
Helpers: Sergio + Dave
Start Time = 10:35
Britton Exploration / CME 550 Tracked Rig
8" HSA
Asphalt road Sunny, Clear
1
2
3
4
5
6
7
8
9
10
11
12
13
14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
13
22
18
MC
T-1
T-2
11
18
19
MCT-3
T-4
7
10
14
MCT-5
T-6
8
10
24
MCT-7
T-8
Af
0.0'-4.0': ARTIFICIAL FILL
SM
5" AC
Af - Gravelly Silty Sand - Tan-brown,
medium dense, dry
4.0'-7.5' Silty Sand - Brown, medium dense,
dry
4.0'-7.5': COLLUVIUM
7.5'-10.5' Sandy Siltstone - Tan-brown, stiff,
moist, oxidized
SM
10.5'-15.0' Silty Sandy Claystone -
Dark-brown, stiff, moist, oxidized
7.5'-15.0': WEATHERED SANTA
CLARA QTsc
STN 29 + 15
111 10.3
110 10.9
27
25
16
23
S
i
l
t
s
t
o
n
e
(
M
L
)
C
l
a
y
s
t
o
n
e
(
C
L
)
499.0'
Project Boring
Remarks
De
p
t
h
(f
e
e
t
)
Gr
a
p
h
i
c
Lo
g
US
C
S
Cl
a
s
s
.
Sheet 2 of 2
Date
HIRES AND ASSOCIATES, INC.SC
CONSULTING ENGINEERS AND GEOLOGISTS
OTTON,
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Geotechnical Description
Sa
m
p
l
e
De
s
i
g
.
Mo
i
s
t
u
r
e
Co
n
t
e
n
t
(
%
)
SP
T
Bl
o
w
s
/
f
t
Sa
m
p
l
e
Ty
p
e
Re
c
o
v
.
(%
)
Dr
y
U
n
i
t
We
i
g
h
t
(
p
c
f
)
CSA / B-2
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
12/20/2018
Finished sampling
@ 11:35
Regnart Road / G5048
25
50/6
MC
T-9
15
28
50/3
MC
T-10
T-11
50/5 MCT-12
Total Depth = 25.5'
GW @19' BGS
15.0'-20.0' Silty Sandstone - Olive-gray,
very dense, moist, unoxidized
20.0'-BOH Weathered Claystone - Dark
gray, weak, friable
15.0'-BOH: SANTA CLARA QTsc
123 12.4
91 32.4 TX/CU Ø'=32.3°
34/6"
53/9"
34/5"
S
i
l
t
s
t
o
n
e
(
S
M
)
C
l
a
y
s
t
o
n
e
COTTON, SHIRES AND ASSOCIATES, INC.
LOG OF EXPLORATORY DRILLING
Project
Location
Drilling Contractor/Rig
Ground Surface Elev.
Surface
Logged By
Boring
Project No.
Date of Drilling
Hole Diameter
Weather
Remarks
De
p
t
h
(f
e
e
t
)
Gr
a
p
h
i
c
Lo
g
US
C
S
Cl
a
s
s
.
Sheet 1 of 2
HIRES AND ASSOCIATES, INC.SC
CONSULTING ENGINEERS AND GEOLOGISTS
OTTON,
Geotechnical Description
Sa
m
p
l
e
De
s
i
g
.
Mo
i
s
t
u
r
e
Co
n
t
e
n
t
(
%
)
SP
T
Bl
o
w
s
/
f
t
Sa
m
p
l
e
Ty
p
e
Re
c
o
v
.
(%
)
TRH
Dr
y
U
n
i
t
We
i
g
h
t
(
p
c
f
)
CSA / B-3Regnart Road
G5048
12/20/2018
Driller: Paul Britton
Helpers: Sergio + Dave
Start Time = 11:57
Britton Exploration / CME 550 Tracked Rig
8" HSA
Asphalt road Sunny, Clear
1
2
3
4
5
6
7
8
9
10
11
12
13
14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
4
9
9
MCT-1
T-2
4
5
9
MCT-3
T-4
2
3
3
MCT-5
T-6
3
5
7
MCT-7
T-8
Af
0.0'-4.0': ARTIFICIAL FILL
SM
5" AC
Af - Silty Gravelly Sand - Tan-brown, loose,
dry
4.0'-7.0' Silty Sandy Clay - Dark-brown, stiff,
dry to moist
4.0'-10.5': COLLUVIUMCL
--Clay layer
SM Silty Sand - Brown, medium dense, dry,
trace gravels, rootlets
CL
SC 7.0'-10.5' Clayey Sand - Brown, very loose,
wet, high plasticity
--Blue-gray, rootlets
10.5'-15.0' Highly Weathered Claystone -
Blue-gray, medium stiff
10.5'-15.0': WEATHERED SANTA
CLARA QTsc
STN 28 + 78
LL=40, PI=20
Sieve: 1.9% Gravel,
36.6% Sand, 33.1% Silt,
28.4% Clay
LL=45, PI=25
Sieve: 10.8% Gravel,
41.2% Sand, 23.0% Silt,
24.8% Clay
12
10
4
8
110 8.7
105 17.7
101 24.6
C
l
a
y
s
t
o
n
e
(
C
L
)
495.1'
Project Boring
Remarks
De
p
t
h
(f
e
e
t
)
Gr
a
p
h
i
c
Lo
g
US
C
S
Cl
a
s
s
.
Sheet 2 of 2
Date
HIRES AND ASSOCIATES, INC.SC
CONSULTING ENGINEERS AND GEOLOGISTS
OTTON,
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Geotechnical Description
Sa
m
p
l
e
De
s
i
g
.
Mo
i
s
t
u
r
e
Co
n
t
e
n
t
(
%
)
SP
T
Bl
o
w
s
/
f
t
Sa
m
p
l
e
Ty
p
e
Re
c
o
v
.
(%
)
Dr
y
U
n
i
t
We
i
g
h
t
(
p
c
f
)
CSA / B-3
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
12/20/2018
Finished sampling
@ 12:49
Regnart Road / G5048
10
30
50/6
MCT-9
T-10
50/5
50/5
MCT-11
SPT-1 SPT
Total Depth = 21.0'
GW @ 19' BGS
15.0'-20.0' Claystone - Blue-gray,
unweathered, unoxidized
--Gravelly, very dense, saturated
15.0'-BOH: SANTA CLARA QTsc
117 16.3
C
l
a
y
s
t
o
n
e
54
50/5"
Page 22
COTTON, SHIRES AND ASSOCIATES, INC.
APPENDIX B - LABORATORY TEST RESULTS
Grain Size Determination
Atterberg Limits
Triaxial Compression Tests
(X=NO)PERCENTFINERSIZE
PASS?SPEC.*PERCENTSIEVE
Project No:
Project:
Client:
Elev./Depth:Location:
Date:Source of Sample:Sample No.:
Remarks
Classification
Coefficients
Atterberg Limits
Soil Description
*
AASHTO=USCS=
Cc=Cu=
D10=D15=D30=
D50=D60=D85=
PI=LL=PL=
Particle Size Distribution Report
10
20
30
40
50
60
70
80
90
0
100
PE
R
C
E
N
T
F
I
N
E
R
100 10 1 0.1 0.01 0.001500
GRAIN SIZE - mm
% COBBLES % GRAVEL % SAND % SILT % CLAY
6
i
n
.
3
i
n
.
2
i
n
.
1-
1
/
2
i
n
.
1
i
n
.
3/
4
i
n
.
1/
2
i
n
.
3/
8
i
n
.
#4 #1
0
#2
0
#3
0
#4
0
#6
0
#1
0
0
#1
4
0
#2
0
0
0.0 1.9 36.6 33.1 28.4
Figure026-688
Regnart Rd - G5048
Cotton, Shires & Associates
4.5-5'
2/20/19B-3T-3
CL
0.0025
0.02800.06730.565
204020
Olive Brown Sandy Lean CLAY
(no specification provided)
COOPER TESTING LABORATORY
100.0
98.1
92.4
85.4
82.9
79.6
70.7
61.5
56.8
50.9
47.2
43.4
40.4
37.5
34.7
31.6
29.1
25.1
3/8 in.
#4
#10
#30
#40
#50
#100
#200
#270
0.0309 mm.
0.0199 mm.
0.0117 mm.
0.0084 mm.
0.0060 mm.
0.0043 mm.
0.0030 mm.
0.0022 mm.
0.0013 mm.
(X=NO)PERCENTFINERSIZE
PASS?SPEC.*PERCENTSIEVE
Project No:
Project:
Client:
Elev./Depth:Location:
Date:Source of Sample:Sample No.:
Remarks
Classification
Coefficients
Atterberg Limits
Soil Description
*
AASHTO=USCS=
Cc=Cu=
D10=D15=D30=
D50=D60=D85=
PI=LL=PL=
Particle Size Distribution Report
10
20
30
40
50
60
70
80
90
0
100
PE
R
C
E
N
T
F
I
N
E
R
100 10 1 0.1 0.01 0.001500
GRAIN SIZE - mm
% COBBLES % GRAVEL % SAND % SILT % CLAY
6
i
n
.
3
i
n
.
2
i
n
.
1-
1
/
2
i
n
.
1
i
n
.
3/
4
i
n
.
1/
2
i
n
.
3/
8
i
n
.
#4 #1
0
#2
0
#3
0
#4
0
#6
0
#1
0
0
#1
4
0
#2
0
0
0.0 10.8 41.4 23.0 24.8
Figure026-688
Regnart Rd - G5048
Cotton, Shires & Associates
7.5-8'
2/20/18B-3T-5
SC
0.0053
0.08900.1822.96
254520
Olive Brown Lean Clayey SAND
(no specification provided)
COOPER TESTING LABORATORY
100.0
93.2
89.2
81.3
73.9
71.1
67.3
57.1
47.8
43.9
41.3
37.5
35.1
32.7
30.6
29.3
28.2
25.4
22.8
3/4 in.
3/8 in.
#4
#10
#30
#40
#50
#100
#200
#270
0.0310 mm.
0.0200 mm.
0.0117 mm.
0.0084 mm.
0.0060 mm.
0.0043 mm.
0.0030 mm.
0.0022 mm.
0.0013 mm.
Project:
Remarks:Client:Project No.
%<#200%<#40PIPLLLMATERIAL DESCRIPTION
LIQUID AND PLASTIC LIMITS TEST REPORT
Source: B-3 Sample No.: T-3 Elev./Depth: 4.5-5'
Figure
LIQUID AND PLASTIC LIMITS TEST REPORT
COOPER TESTING LABORATORY
USCS
Cotton, Shires & Associates026-688
CL61.582.9202040Olive Brown Sandy Lean CLAY
Regnart Rd - G5048
Source: B-3 Sample No.: T-5 Elev./Depth: 7.5-8'
SC47.871.1252045Olive Brown Lean Clayey SAND
5 10 20 25 30 4032
36
40
44
48
52
NUMBER OF BLOWS
WA
T
E
R
C
O
N
T
E
N
T
10 30 50 70 90 110
LIQUID LIMIT
10
20
30
40
50
60
PL
A
S
T
I
C
I
T
Y
I
N
D
E
X
4
7 CL-ML
C L o r O L
C H o r O H
ML or OL MH or OH
Dashed line indicates the approximate
upper limit boundary for natural soils
Specimen 1 2 3 4
Boring B-1
Sample T-12
Depth 16-16.5
Visual
Description
OLIve Brown CLAY
(Silty) w/ Claystone
fragments
MC (%)37.1
Dry Density (pcf)85.2
Saturation (%)98.9
Void Ratio 1.051
Diameter (in)2.42
Height (in)5.03
MC (%)35.9
Dry Density (pcf)87.2
CTL Number:Saturation (%)100.0
Client Name:Void Ratio 1.005
Project Name:Diameter (in)2.41
Project Number:Height (in)4.97
Date:2/4/2019 By:MD/DC Cell Pressure (psi)87.1
Total C 0.000 ksf Back Pressure (psi)69.7
Total phi 23.4 degrees
Eff. C 0.000 ksf Strain (%)5.0
Eff. Phi 38.7 degrees ©Deviator (ksf)2.929
Excess PP (psi)10.2
Sigma 1 (ksf)3.970
Sigma 3 (ksf)1.040
P (ksf)2.505
Q (ksf)1.465
Stress Ratio 3.815
Rate (in/min)0.0004
Consolidated Undrained Triaxial Compression with Pore Pressure
ASTM D4767
Regnart Rd
G5048
Final
Effective Stresses At:
026-688
Cotton, Shires & Associates
0
5
10
15
051015202530
Sh
e
a
r
S
t
r
e
s
s
,
k
s
f
Normal Stress, ksf
Total Tangent
Effective Tangent
0
500
1000
1500
2000
2500
3000
3500
4000
0510152025
De
v
i
a
t
o
r
S
t
r
e
s
s
,
p
s
f
Strain, %
Stress-Strain Response
Specimen 1
Specimen 2
Specimen 3
Specimen 4
Specimen 1 2 3 4
Boring B-2
Sample T-11
Depth 20.5-21
Visual
Description
Very Dark Gray
CLAY
MC (%)32.4
Dry Density (pcf)91.3
Saturation (%)99.2
Void Ratio 0.914
Diameter (in)2.41
Height (in)5.02
MC (%)34.4
Dry Density (pcf)89.1
CTL Number:Saturation (%)100.0
Client Name:Void Ratio 0.963
Project Name:Diameter (in)2.44
Project Number:Height (in)4.99
Date:2/4/2019 By:MD/DC Cell Pressure (psi)97.7
Total C 0.000 ksf Back Pressure (psi)69.4
Total phi 22.6 degrees
Eff. C 0.000 ksf Strain (%)5.0
Eff. Phi 32.3 degrees ©Deviator (ksf)4.950
Excess PP (psi)12.4
Sigma 1 (ksf)7.225
Sigma 3 (ksf)2.275
P (ksf)4.750
Q (ksf)2.475
Stress Ratio 3.176
Rate (in/min)0.0004
G5048
Final
Effective Stresses At:
026-688
Cotton, Shires & Associates
Regnart Rd
Consolidated Undrained Triaxial Compression with Pore Pressure
ASTM D4767
0
5
10
15
051015202530
Sh
e
a
r
S
t
r
e
s
s
,
k
s
f
Normal Stress, ksf
Total Tangent
Effective Tangent
0
1000
2000
3000
4000
5000
6000
7000
8000
9000
10000
0510152025
De
v
i
a
t
o
r
S
t
r
e
s
s
,
p
s
f
Strain, %
Stress-Strain Response
Specimen 1
Specimen 2
Specimen 3
Specimen 4
CUPERTINO
ADDENDUM N0. 2
Regnart Road Improvements Phase I
PROJECT N0. 2019-08
Bid Opening: June 15,2023 - 2:00 P.M.
Issue Date: June 1, 2023
The following revisions are hereby made to the above referenced project:
1. Replace Addendum 1 document:
'2019-08 Regnart Road Improvements Phase lEnvironmental Permit'
with
'2019-08 Regnart Road Improvements Phase ICalifornia Department of Fish and Wildlife
Streambed Alteration Agreement'
No other changes were made to the Manual and Plan Set.
Only questions received in writing will be accepted for response. Send questions by e-mail to
EvelynM@cupertino.orz. Questions regarding this project should be sent to the attention of the
designated project manager, Evelyn Moran no later than June 9, 2023, at 5:00 PM.
You must indicate receipt of this addendum on the last page of the Proposal. Failure to do so may cause
rejection of your bid.
APPROVED BY:
Chad Mosley
Acting Director of Public Works/City Engineer
Addendum No. 2
Regnart Road Impmvements Phase 1
City of Cupertino
Project No. 2019-08
Page I of I
Measure Number Measure Name Requirement Responsibility
1.1.1 and 1.1.2
Documentation at Project Site LSAA Agreement, extensions and amendments to the Agreement, and all related notification
materials and CEQA documents must be readily available at the Project site at all times and
copies of the Agreement must be distributed to all persons working on the Project at the Project
site.
Contractor
1.1.5
Notification of Commencement
and Completion of Work
Permittee shall notify CDFW within 5 working days of beginning work and within 5 working
days of completion of work for each construction season covered in the Agreement.
WRA
2.2.1 Work Period
Work within the stream banks and riparian corridor is restricted to April 15 - October 15.
Riparian restoration plantings and seeding work using hand tools do not fall in this restriction,
but must be completed within the wet season the same year following completion of the
Project. (Plantings may be postponed until February 28 of the year immediately following
impacts if there is insufficient rain prior to December 31)
Contractor
2.2.10 Spoils No spoils except where described in the Agreement Contractor
2.2.11
Imported Materials Do not import, move, or remove any rock, gravel, and/or other materials within the streambed
or banks except as described in the Agreement
Contractor
2.2.12
Debris - Exclusion from Channel Keep debris from entering channel or banks. Remove any debris that has entered channel or
banks.
Contractor
2.2.13
Contaminants Keep any contaminant hazardous to aquatic life from entering the soil and/or Waters of the
State. Immediate removal of contaminants if they are placed or fall within jurisdictional areas.
Contractor
2.2.14
Spill Containment All activities within 50ft of watercourse must have absorbent materials on-site for accidental
spills. Spills must be reported to California Emergency Management Agency immediately at 1-
800-852-7550. CDFW must be notified of spill/cleanup status the same day.
Contractor
2.2.15
Hazardous Spill Plan A hazardous spill plan must be developed prior to construction. Implementation and
notifications to appropriate agencies will be performed by the contractor.
Contractor
2.2.16
Concrete - Exclusion from
Wetted Channel
Poured concrete needs 30 days curing time before coming into contact with wetted stream. If
curing not possible, pH range of 6.5-8.3 can be allowed exposure to wetted stream. Sealants or
curing accelerant can be applied to concrete surface (no wetted stream contact until sealant is
cured)
Contractor
2.2.17
Concrete - Designated Monitor A monitor designated by the Permittee shall monitor all concrete pouring along the western
bank of Regnart Creek
WRA
Regnart Road CDFW LSAA Permit Conditions
2.2.18
Concrete Wash Area Permittee or contractor shall not allow concrete washwater and debris to enter the active
stream. Concrete wash area facilities need to be inspected daily and following heavy rain to
check for leaks and identigy any damage to plastic linings and/or sidewalls.
Contractor
2.2.19
Revegetation Areas of bare ground resulting from construction activities shall be revegetated with native
grasses listed below. Permittee requires written approval from CDFW of any changes made to
the revegetation methods.
Meadow barley (Hordeum brachyantherum ssp. californicum)
Blue wildrye (Elymus glacus)
California brome (Bromus carinatus)
Creeping wildrye (Elymus triticoides)
California oatgrass (Danthonia californica)
Califonia melic (Melica californica)
Locally native wildflower seeds can be included in the seed mix.
WRA
2.2.20
Erosion Control Methods Erosion protection is required in areas where vegetation cannot be expected to re-establish.
Erosion protection can't include plastic monofilament netting or similar material.
Erosion protection can include coconut coir matting, straw/coconut fiber erosion blankets,
straw wattles, or tackified hydroseeding compounds. Erosion control must blend with the
natural contours of the stream bank. Erosion control measures must be monitored during and
after each storm event, and modifications, repairs, and improvements shall be made whenever
they are needed.
Contractor
2.2.21
Erosion Control Installation
Time Period
All erosion control plantings, seeding, and materials must be installed as soon as possible after
Project activities in those areas cease. Seeding placed after October 15 must be covered with
broadcast straw, jute netting, coconut fiber blanket, or similar erosion control blanket.
WRA
2.2.22
Bank Stabilization Permittee must conduct a feasibility study to determine appropriate methods to remediate the
bank erosion. This may include partial or full removal of the sacked concrete wall. Feasibility
study report is due to CDFW for review and comment within 6 months of execution of this
Agreement and a final report is due within 1 year of execution of this Agreement.
WRA
2.2.23
Invasive Plant Removal and
Revegetation
Remove invasive vegetation from the City of Cupertino property along the western bank of
Regnart Creek between the culvert crossings immediately north and south of the Project site.
Revegetate all areas of bare soil with native plants (see Measure 2.2.19)
WRA
2.2.24
CDFW-Approved Qualified
Biologist(s) and Biological
Monitor(s)
Permittee must submit the names and resumes of all biologists and biological monitors
involved in conducting survey and/or monitoring work at least 30 days prior to initiating fish
and wildlife surveys.
WRA
2.2.25
Training Session for Personnel The qualified biologist must conduct an education program for all persons employed on the
Project prior to performing work activities. Interpretion services must be provided for non-
English speaking workers. Copies of the Agreement must be maintained at the work site with
the Project supervisor. Employees must sign an affidavit stating they completed the training
and understand all protection measures.
WRA
2.2.26
Pre-Construction Fish and
Wildlife Surveys
The qualified biologist must conduct pre-construction surveys for the presence of special-status
fish and wildlife species within 48 hours prior to each phase of construction work within the
Project area.
If state or federally listed species are found, the qualified biologist must contact CDFW and
USFWS or NMFS and all work must cease until guidance or approval is received. Kristin Garrison
or the CDFW Bay Delta Region office must be notified within four hours if any state-listed
species are found.
WRA
2.2.27
Special-Status Species
Monitoring During Work
Construction personnel shall monitor for special-status species during Project activities. If
found, work will stop and the on-call qualified biologist will be contacted. CDFW will be notified
for guidance.
If there is imminent danger of special-status species from Project activities, the qualified
biologist must relocate the individual(s) a minimum of 250 ft away from construction activities
if the individual(s) do not move out of the work area on their own. CDFW must be notified prior
to relocation.
Contractor + WRA
2.2.28
Special-Status Species
Encountered During Work
In addition to Measure 2.2.27 above, CESA and/or ESA listed species may only be relocated by a
biologist with the necessary permits issued by CDFW, USFWS, and/or NMFS. CDFW must be
notified within 24 hours of relocation activities.
WRA
2.2.29
San Francisco Dusky-Footed
Woodrat
Prior to the beginning of construction activities,a biological monitor will conduct surveys for SFDWR.
If nests are found,a clearly marked 50-foot buffer will be established.If an identified nest can't be
avoided within the buffer,the Permittee is required to develop and implement a SFDWR relocation
plan.The plan shall be submitted to CDFW 30 days prior to commencement of activities that will take
place within the 50-foot buffer.
WRA
2.2.3 and 2.24
Work Period in Dry Weather
Only - Check Forecast
Forecasts must be documented.
No construction activities when the National Weather Service 72-hour forecast indicates a 30%
or higher chance of precipitation. Construction activities can resume when precipitation ceases
and the 72-hour forecast indicates a 30% or less chance of precipitation. No work can be done
within 24 hours of a rain event that produces 0.2 inches or greater of rain. If less than 0.2 inches
of rain, additional erosion control measures may be necessary before resuming work within 24
hours of the rain event.
All necessary erosion control measures need to be implemented 12 hours prior to the onset of
precipitation.
Contractor
2.2.30 - 2.2.33
Nesting Bird Surveys and Nest
Protection
If work will take place between January 15 to September 15,a qualified biologist shall conduct two
surveys for active nests within 14 days prior to the beginning of construction.A final survey shall be
conducted within 48 hours prior to construction.Lapses in Project-related activities of 15 days or
longer will require another survey.
WRA
2.2.34
CRLF and Black Salamander -
Vegetation Removal
Where heavy equipment will be used and understory vegetation removed,the Permittee must
remove vegetation prior to conducting Project work.
Understory vegetation must be removed only with non-mechanized hand tools.
Contractor
2.2.35
CRLF and Black Salamander -
Capture Techniques
A qualified biologist must use nets or bare hands to relocate or handle these species if imminent
danger to individual(s) is apparent (Measures 2.2.27 and 2.2.28).
WRA
2.2.36 No Hollow Open-ended Posts or
Pipes
No exposed hollow open-ended posts or pipes shall be installed, stored, or staged in a vertical
position unless capped, screened or filled with material
Contractor
2.2.37 Posts with Exposed Perforations Vertical posts with exposed perforations within the top 6 inches of the post must be permanently
filled or capped
Contractor
2.2.38
Entrapment - Pipes All construction pipes, culverts, hoses, or similar structures stored overnight at the construction site
must be securely capped prior to storage and checked for wildlife prior to being moved or used.
Sensitive species must be allowed to leave the pipe on their own.
Contractor
2.2.39
Entrapment - Trenches and Pile
Holes
All trenches and pile holes must be covered at the end of each work day. A ramp of 30 degrees or less
may be placed within holes or trenches where covering is not possible. Ramps may be constructed of
dirt fill, wood planking, or other suitable material.
Contractor
2.2.40
Tree and Shrub Trimming Hand tools shall be used to trim vegetation to the extent necessary fo gain access to work sites.
Larger equipment used for vegetation trimming requires written approval from CDFW prior to use.
Contractor
2.2.41 Habitat Protection No vegetation outside of construction corridor may be removed or damaged prior to consultation
and approval by CDFW
Contractor
2.2.5 Final Construction Plans Permittee shall submit final Project construction plans, designs, and specifications to CDFW
within 30 calendar days prior to the start of Project implementation
WRA
2.2.6
Notification of Changes to
Plans
Permittee must notify CDFW if plans are modified in writing 30 calendar days prior to change
implementation if the changes are large. Minor changes can be resolved with a phone call or
email to CDFW.
WRA
2.2.7
Work Area Delineation Work area must be flagged within the stream, riparian, and wetland areas. Flagging must be
removed within 5 days of completion of construction work. Access paths and staging need to be
adequately temporarily fenced or flagged.
WRA
2.2.8
Staging Equipment Staging and storage areas for all equipment, materials, fuels, lubricants, and solvents need to be
located outside of the stream, riparian, floodplain, and wetland areas. Hi-vis temporary construction
fencing, erosion control, and daily equipment inspections must be used or performed to protect
sensitive resources. Stationary equipment need to be positioned over drip pans and checked and
maintained daily. Vehicles must be a minimum of 300 feet from the stream, riparian, or wetland
habitat before refueling and lubrication. Drip pans and absorbent material must be used around
equipment.
Contractor
2.2.9
Phytophthora - Sanitation
Protocol
Prior to entry in work area, vehicles must stay on established roads whenever possible. Travel
on roads must be avoided during the wet season (Oct 15 - April 15) or when the road is wet
enough that soil will stick to tires and undercarriages. Exteriors and interiors of all vehicles,
construction equipment, and tools must be free of debris, soil, and mud. Work shoes must be
kept clean and free of debris, mud, and soil prior to moving to a new work area
Contractor
3.3.1
As-Builts Due to CDFW within 90 calendar days of completion of Project construction work.
A report explaining any changes made to the final design plans (including impacts) is also required.
Contractor + WRA
3.3.2 Construction and Revegetation
Status Report
Construction and re-vegetation status report due to CDFW on or before December 31 of the year of
construction and planting completion
WRA
3.3.3
California Natural Diversity
Database
Sensitive-species observed during Project surveys, implementation, or mitigation and monitoring
work must be submitted to CNDDB within 5 working days of the sightings. Copies of the CNDDB
forms and survey maps must be submitted to CDFW Region 3.
Contractor + WRA
PUBLIC WORKS DEPARTMENT
10300 TORRE AVENUE
CUPERTINO, CALIFORNIA 95014
PROJECT MANUAL
FOR THE
Regnart Road Improvements Phase 1
Bid Date:
June 15, 2:00 p.m.
Project Number: 2019-08
Regnart Rd Improvements Phase 1 2021 Form BID PROPOSAL
Proj. No. 2019-08 Page 9
Bid Proposal
Regnart Road Improvements Phase 1 Project
______________________________________________________ (“Bidder”) hereby submits this Bid
Proposal to City of Cupertino (“City”) for the above-referenced project (“Project”) in response to the Notice
Inviting Bids and in accordance with the Contract Documents referenced in the Notice.
1. Base Bid. Bidder proposes to perform and fully complete the Work for the Project as specified in
the Contract Documents, within the time required for full completion of the Work, including all labor,
materials, supplies, and equipment and all other direct or indirect costs including, but not limited to,
taxes, insurance and all overhead for the following price (“Base Bid”):
$_______________________________________________________.
2. Addenda. Bidder agrees that it has confirmed receipt of or access to, and review ed, 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 reas on. Bidder specifically acknowledges receipt of
the following addenda:
Addendum: Date Received: Addendum: Date Received:
#01 _____________ #05 _____________
#02 _____________ #06 _____________
#03 _____________ #07 _____________
#04 _____________ #08 _____________
3. Bidder’s Certifications and Warranties. By signing and submitting this Bid Proposal, Bidder
certifies and warrants the following:
3.1 Examination of Contract Documents. Bidder has thoroughly examined the Contract
Documents and represents that, to the best of Bidder’s knowledge, there are no errors,
omissions, or discrepancies in the Contract Documents , subject to the limitations of Public
Contract Code § 1104.
3.2 Examination of Worksite. Bidder has had the opportunity to examine the Worksite and
local conditions at the Project location.
3.3 Bidder Responsibility. Bidder is a responsible bidder, with the necessary ability, capacity,
experience, skill, qualifications, workforce, equipment, and resources to perform or cause the
Work to be performed in accordance with the Contract Documents and within the Contract
Time.
3.4 Responsibility for Bid. Bidder has carefully reviewed this Bid Proposal and is solely
responsible for any errors or omissions contained in its completed Bid. All statements and
information provided in this Bid Proposal and enclosures are true and correct to the best of
Bidder’s knowledge.
3.5 Nondiscrimination. In preparing this Bid, the Bidder has not engaged in discrimination
against any prospective or present employee or Subcontractor on grounds of race, color,
ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital
status.
3.6 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Bidder is not identified on a
list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”),
Regnart Rd Improvements Phase 1 2021 Form BID SCHEDULE
Proj. No. 2019-08 Page 11
Bid Schedule
This Bid Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be
provided for each Bid Item as indicated. Items marked “(SW)” are Specialty Work that must be performed
by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether
direct or indirect, including profit and overhead. The sum of all amounts entered in the “Extended Total
Amount” column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form.
AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds
LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs)
F = Final Pay Item
BID
ITEM
NO.
ITEM DESCRIPTION EST.
QTY. UNIT UNIT
COST
EXTENDED
TOTAL AMOUNT
1 Mobilization 1 LS $ $
2 Temporary Signal System 1 LS $ $
3 Traffic Control System 1 LS $ $
4 Portable Changeable Message Sign 1 EA $ $
5 Temporary Railing (Type K) 200 LF $ $
6 Prepare Water Pollution Control Plan 1 LS $ $
7 Temporary Compost Sock 200 LF $ $
8 Temporary Drainage Inlet Protection 1 EA $ $
9 Temporary Silt Fence 200 LF $ $
10 Rolled Erosion Control Product (Jute
Mesh) 1,630 SF $ $
11 Clearing and Grubbing 1 LS $ $
12 Roadside Clearing (Tree Removal) 3 EA $ $
13 Roadway Excavation 56 CY $ $
14 Precast Concrete Lagging 668 SF $ $
15 Structure Excavation (Barrier Slab)
(F) 89 CY $ $
16 Structure Backfill (Soldier Pile Wall)
(F) 25 CY $ $
17 Concrete Backfill (Soldier Pile Wall)
(F) 26 CY $ $
18 Earth Retaining Structure (Guard
Railing) 120 LF $ $
19 Class 2 Aggregate Base 100 CY $ $
20 Hot Mix Asphalt (Type A) 65 TON $ $
21 Place Hot Mix Asphalt Dike (Type C) 70 LF $ $
22 Place Hot Mix Asphalt Dike (Type F) 50 LF $ $
23 Steel Soldier Pile (W12x45) 323 LF $ $
Regnart Rd Improvements Phase 1 2021 Form BID SCHEDULE
Proj. No. 2019-08 Page 12
BID
ITEM
NO.
ITEM DESCRIPTION EST.
QTY. UNIT UNIT
COST
EXTENDED
TOTAL AMOUNT
24 24" Drilled Hole 221 LF $ $
25 30" CIDH Concrete Piling 625 LF $ $
26 Structural Concrete, Barrier Slab (F) 85 CY $ $
27 Structural Concrete, Drainage Inlet
(F) 1 CY $ $
28 Bar Reinforcing Steel (F) 60,000 LB $ $
29 Clean and Paint Steel Soldier Piling 1 LS $ $
30 Remove Inlet 1 EA $ $
31 18" Alternative Pipe Culvert 10 LF $ $
32 3" Perforated Plastic Pipe Underdrain 125 LF $ $
33 Geo-composite Drain 668 SF $ $
34 Culvert Slurry-Cement Backfill 10 CY $ $
35 Transition Railing (Type WB-31) 2 EA $ $
36 Alternative In-Line Terminal System 2 EA $ $
37 Concrete Barrier (Type 842) (F) 150 LF $ $
38 Thermoplastic Traffic Stripe 400 LF $ $
TOTAL BASE BID: Items 1 through _____ inclusive: $_____________________________________
BIDDER NAME: ________________________________________________________________
END OF BID SCHEDULE
Regnart Rd Improvements Phase 1 2021 Form SUBCONTRACTOR LIST
Proj. No. 2019-08 Page 13
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 Contract Price,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.
Regnart Rd Improvements Phase 1 2021 Form BIDDER’S QUESTIONNAIRE
Proj. No. 2019-08 Page 17
Bidder’s Questionnaire
Regnart Road Improvements Phase 1
Within 48 hours following a request by City, a bidder must submit to City a completed, signed
Bidder’s Questionnaire using this form and all required attachments, including clearly labeled
additional sheets as needed. City may request the Questionnaire from one or more of the
apparent low bidders following the bid opening, and may use the completed Questionnaire as
part of its investigation to evaluate a bidder’s qualifications for this Project. The Questionnaire
must be filled out completely, accurately, and legibly. Any errors, omissions, or
misrepresentations in completion of the Questionnaire may be grounds for rejection of the bid or
termination of a Contract awarded pursuant to the bid.
Part A: General Information
Bidder Business Name: _______________________________________________ (“Bidder”)
Check One: ___ Corporation (State of incorporation: ___________________)
___ Partnership
___ Sole Proprietorship
___ Joint Venture of: __________________________________
___ Other: ___________________________________________
Main Office Address and Phone: ______________________________________
________________________________________________________________
Local Office Address and Phone: _____________________________________
________________________________________________________________
Website address: __________________________________________________
Owner of Business: ________________________________________________
Contact Name and Title: _____________________________________________
Contact Phone and Email: ___________________________________________
Bidder’s California Contractor’s License Number(s): _______________________
Bidder’s DIR Registration Number: ____________________________________
Part B: Bidder Experience
1. How many years has Bidder been in business under its present business name? ____ years
2. Has Bidder completed projects similar in type and size to this Project as a general contractor?
_____ Yes _____ No
3. Has Bidder ever been disqualified from a bid on grounds that it is not responsible, or otherwise
disqualified or disbarred from bidding under state or federal law?
_____ Yes _____ No
Regnart Rd Improvements Phase 1 2021 Form BIDDER’S QUESTIONNAIRE
Proj. No. 2019-08 Page 18
If yes, provide additional information on a separate sheet regarding the disqualification or
disbarment, 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 disbarred, and the month and year
in which the disqualification or disbarment occurred.
4. Has Bidder ever been terminated for cause, alleged default, or legal violation from a
construction project, either as a general contractor or as a subcontractor?
_____ Yes _____ No
If yes, provide additional information on a separate sheet regarding the termination, including the
name and address of the agency or owner of the subject project, the type and size o f the project,
whether Bidder was under contract as a general contractor or a subcontractor, the reasons that
Bidder was terminated, and the month and year in which the termination occurred.
5. Provide information about Bidder’s past projects performed as general contractor as follows:
5.1 Three most recently completed public works projects within the last three years;
5.2 Three largest completed projects within the last three years; and
5.3 Any project which is similar to this Project including scope and character of the
work.
6. Use separate sheets to provide all of the following information for each project identified in
response to the above three categories:
6.1 Project name, location, and description;
6.2 Owner (name, address, email, and phone number);
6.3 Prime contractor, if applicable (name, address, email, and phone number);
6.4 Architect or engineer (name, email, and phone number);
6.5 Project and/or construction manager (name, email, and phone number);
6.6 Scope of work performed (as general or as subcontractor);
6.7 Initial contract price and final contract price (including change orders);
6.8 Original scheduled completion date and actual date of completion;
6.9 Time extensions granted (number of days);
6.10 Number and amount of stop notices or mechanic’s liens filed;
6.11 Amount of any liquidated damages assessed against Bidder; and
6.12 Nature and resolution of any project-related claim, lawsuit, mediation, or
arbitration involving Bidder.
Part C: Safety
1. Provide Bidder’s Experience Modification Rate (EMR) for the last three years:
Year EMR
2. Complete the following, based on information provided in Bidder’s CalOSHA Form 300 or
Form 300A, Annual Summary of Work-Related Illnesses and Injuries, from the most recent past
calendar year:
2.1 Number of lost workday cases: ____
2.2 Number of medical treatment cases: ____
2.3 Number of deaths: ____
Regnart Road Improvements Phase 1
Bidder's Questionnaire
5 & 6
5.1
1 6.1 Project name Point Isabel Shoreline Protection, Richmond CA
Remove existing rock and install new shoreline protection
6.2 Owner East Bay Parks District
2950 Peralta Oaks Court Oakland CA 94605
Jeff Rasmussen, 510.544.2130, JRasmussen@ebparks.org
6.3 Prime contractor Brannon Corporation
10492 Dougherty Avenue, Morgan Hill, CA 95037
Keith Dorsa, 408.294.2910, keith@brannondemo.com
6.4 Architect or engineer name Foth - Soren Morch, 415.999.5714, no email address
6.5 Project and/or construction manager Adrian Cormier, 415.999.5714, Adrian.Cormier@foth.com
6.6 Description of project, scope of work Remove existing rock and install new shoreline protection
6.7 Initial & Final contract value $458,610 / $458,610
6.8 Original scheduled completion date 12.2022 / 12.2022
6.9 Time extensions granted n/a
6.10 Stop notices/mechanic’s liens filed n/a
6.11 Liquidated damages assessed n/a
6.12 Nature and resolution n/a
2 6.1 Project name Point Emery Shoreline Protection, Emeryville CA
Construct/maintain rip rap revetement, planting, trail improvements,
site furnishings, bike pad, bench, bollards
6.2 Owner City of Emeryville
1333 Park Ave, Emeryville, CA 94608
Michael Roberts, 510.596.4333, mroberts@emeryville.org
6.3 Prime contractor Brannon Corporation, 408.294.2910, keith@brannondemo.com
10492 Dougherty Avenue, Morgan Hill, CA 95037
6.4 Architect or engineer name NV5 - Wenkai Qin, 858.385.0500, no email address
6.5 Project and/or construction manager Gus Gregory, 925.935.9771, ggregory@caleng.com
6.6 Description of project, scope of work Construct/maintain rip rap revetement, planting, trail improvements,
site furnishings, bike pad, bench, bollards
6.7 Initial & Final contract value $820,800 / $877,574
6.8 Original scheduled completion date 11.2022 / 11.2022
6.9 Time extensions granted n/a
6.10 Stop notices/mechanic’s liens filed n/a
6.11 Liquidated damages assessed n/a
6.12 Nature and resolution n/a
3 6.1 Project name Rehabilitation of Storm Drain Outfall at Remington Court, Sunnyvale CA
Stabilize outfall pipe and channel restoration
6.2 Owner City of Sunnyvale
PO Box 3707, Sunnyvale CA 94088
Matthew Brunnings, 408.730.7518, mbrunnings@sunnyvale.ca.gov
6.3 Prime contractor Brannon Corporation, 408.294.2910, keith@brannondemo.com
10492 Dougherty Avenue, Morgan Hill, CA 95037
6.4 Architect or engineer name BKF - Sravan Paladugu, 650.482.6300, no email address
6.5 Project and/or construction manager Matthew Brunnings, 408.730.7518, MBrunnings@sunnyvale.ca.gov
6.6 Description of project, scope of work Stabilize outfall pipe and channel restoration
6.7 Initial & Final contract value $313,600 / $313,600
6.8 Original scheduled completion date 03.2023 / 03.2023
6.9 Time extensions granted n/a
6.10 Stop notices/mechanic’s liens filed n/a
6.11 Liquidated damages assessed n/a
6.12 Nature and resolution n/a
5.2
1 6.1 Project name Public Storage, Cupertino CA
Demolition, mass excavation, grading, shoring, paving, striping, signage
6.2 Owner Public Storage, LLC
18201 Von Karman Ave 100, Irvine, CA 92612
Jaime Escobedo, 949.608.5507, jescobedo@vccusa.com
6.3 Prime contractor Brannon Corporation, 408.294.2910, keith@brannondemo.com
10492 Dougherty Avenue, Morgan Hill, CA 95037
6.4 Architect or engineer name BKF - Patrick Chan, 408.467.9100, no email address
6.5 Project and/or construction manager Jaime Escobedo, 949.608.5507, jescobedo@vccusa.com
6.6 Description of project, scope of work Demolition, mass excavation, grading, shoring, paving, striping, signage
6.7 Initial & Final contract value $2,850,000 / $3,302,390
6.8 Original scheduled completion date 10.2022 / 10.20200
6.9 Time extensions granted n/a
6.10 Stop notices/mechanic’s liens filed n/a
6.11 Liquidated damages assessed n/a
6.12 Nature and resolution n/a
2 6.1 Project name Mussel Rock Gabion Wall and Stormwater Maintenance, Daly City CA
Mass excavation, grading, slope repair, gabion wall construction, drainage pipe and drain box install
6.2 Owner City of Daly City
333 90th Street, Daly City CA 94015
Kevin Fehr, 650.991.8000, kfehr@dalycity.org
Six most recently completed public works projects within the last three years
Three largest completed projects within the last three years
6.3 Prime contractor Brannon Corporation, 408.294.2910, keith@brannondemo.com
10492 Dougherty Avenue, Morgan Hill, CA 95037
City of Daly City
6.4 Architect or engineer name Tetra Tech - Michael Velzy, 650.991.8000, no email address
6.5 Project and/or construction manager Kevin Fehr, 650.991.8000, kfehr@dalycity.org
6.6 Description of project, scope of work Mass excavation, grading, slope repair, gabion wall construction, drainage pipe and drain box install
6.7 Initial & Final contract value $798,169 / $1,654,916
6.8 Original scheduled completion date 12.2022 / 12.2022
6.9 Time extensions granted n/a
6.10 Stop notices/mechanic’s liens filed n/a
6.11 Liquidated damages assessed n/a
6.12 Nature and resolution n/a
3 6.1 Project name Caltrans Highway 35, Saratoga CA
Excavation, grading, slope repair, paving, drainage improvements
6.2 Owner Caltrans
1007 Knox Avenue, San Jose CA 95122
Nim Patel, 408.595.4033, nim.patel@dot.ca.gov
6.3 Prime contractor Brannon Corporation, 408.294.2910, keith@brannondemo.com
10492 Dougherty Avenue, Morgan Hill, CA 95037
6.4 Architect or engineer name Caltrans, Son Thanh Ly, 408.595.4033
6.5 Project and/or construction manager Nim Patel, 408.595.4033, nim.patel@dot.ca.gov
6.6 Description of project, scope of work Excavation, grading, slope repair, paving, drainage improvements
6.7 Initial & Final contract value $1,300,000 / $1,300,000
6.8 Original scheduled completion date 12.2022 / 12.2022
6.9 Time extensions granted n/a
6.10 Stop notices/mechanic’s liens filed n/a
6.11 Liquidated damages assessed n/a
6.12 Nature and resolution n/a
5.3
1 6.1 Project name 447 Hillcrest Road Wall Replacement, Daly City CA
6.2 Owner City of Daly City
333 90th Street, Daly City CA 94015
Kevin Fehr, 650.991.8000, kfehr@dalycity.org
6.3 Prime contractor Brannon Corporation, 408.294.2910, keith@brannondemo.com
10492 Dougherty Avenue, Morgan Hill, CA 95037
6.4 Architect or engineer name Bellecci & Associates, 925.685.4569, no email address
6.5 Project and/or construction manager Kevin Fehr, 650.991.8000, kfehr@dalycity.org
6.6 Description of project, scope of work Mass excavation, grading, slope repair, gabion wall construction, drainage pipe and drain box install
6.7 Initial & Final contract value $525,980 / $539,350
6.8 Original scheduled completion date 06.2023 / 06.2023
6.9 Time extensions granted n/a
6.10 Stop notices/mechanic’s liens filed n/a
6.11 Liquidated damages assessed n/a
6.12 Nature and resolution n/a
2 6.1 Project name Vine Hill Road PMs 1.18 & 1.2 Storm Damage Repair
6.2 Owner County of Santa Cruz
701 Ocean Street, Santa Cruz, CA 95060
Dan Valley, 831.454.2373, dan.valley@santacruzcounty.us
6.3 Prime contractor Brannon Corporation, 408.294.2910, keith@brannondemo.com
10492 Dougherty Avenue, Morgan Hill, CA 95037
6.4 Architect or engineer name County of Santa Cruz, 831.454.2160, no email address
6.5 Project and/or construction manager Dan Valley, 831.454.2373, dan.valley@santacruzcounty.us
6.6 Description of project, scope of work Mass excavation, grading, slope repair, soldier pile and lagging wall install, rip rap placement, and drain box install
6.7 Initial & Final contract value $1,101,020 / $1,101,020
6.8 Original scheduled completion date 04.2021 / 04.2021
6.9 Time extensions granted n/a
6.10 Stop notices/mechanic’s liens filed n/a
6.11 Liquidated damages assessed n/a
6.12 Nature and resolution n/a
3 6.1 Project name Public Storage, Cupertino CA
Demolition, mass excavation, grading, shoring, paving, striping, signage
6.2 Owner Public Storage, LLC
18201 Von Karman Ave 100, Irvine, CA 92612
Jaime Escobedo, 949.608.5507, jescobedo@vccusa.com
6.3 Prime contractor Brannon Corporation, 408.294.2910, keith@brannondemo.com
10492 Dougherty Avenue, Morgan Hill, CA 95037
6.4 Architect or engineer name BKF - Patrick Chan, 408.467.9100, no email address
6.5 Project and/or construction manager Jaime Escobedo, 949.608.5507, jescobedo@vccusa.com
6.6 Description of project, scope of work Demolition, mass excavation, grading, shoring, paving, striping, signage
6.7 Initial & Final contract value $2,850,000 / $3,302,390
6.8 Original scheduled completion date 10.2022 / 10.20200
6.9 Time extensions granted n/a
6.10 Stop notices/mechanic’s liens filed n/a
6.11 Liquidated damages assessed n/a
6.12 Nature and resolution n/a
Any project which is similar to this Project including scope and character of the work
CUPERTINO
ADDENDUM NO. 1
Regnart Road Improvements Phase 1
PROJECT NO. 2019-08
Bid Opening: June 15, 2023 -2:00 P.M.
Issue Date: June 1, 2023
The following revisions are hereby made to the above referenced project:
1. Add two documents:
a .. '2019-08 Regnart Road Improvements Phase l_Geotechnical Report'
b. '2019-08 Regnart Road Improvements Phase l_Environmental Permit'
No other changes were made to the Manual and Plan Set.
Only questions received in writing will be accepted for response. Send questions by e-mail to
EvelynM@cupertino.org. Questions regarding this project should be sent to the attention of the
designated project manager, Evelyn Moran no later than June 9, 2023, at 5:00 PM.
You must indicate receipt of this addendum on the last page of the Proposal. Failure to do so may cause
rejection of your bid.
APPROVED BY:
Acting Directo of Public Works/City Engineer
Addendum No. 1
Regnart Road Improvements Phase 1
City of Cupertino
Project No. 2019-08
Page 1of1
CUPERTINO
ADDENDUM NO. 2
Regnart Road Improvements Phase 1
PROJECT NO. 2019-08
Bid Opening: June 15, 2023 -2:00 P.M.
Issue Date: June 1, 2023
The following revisions are hereby made to the above referenced project:
1. Replace Addendum 1 document:
'2019-08 Regnart Road Improvements Phase l _Enviro nmental Permit'
with
'2019 -08 Regnart Road Improvements Phase l_Californi a Depa rtment of Fish and Wildlife
Streambed Alteration Agreement'
No other changes were made to the Manual and Plan Set .
Only questions received in writing will be accepted for response. Send questions by e-mail to
Eve lynM@cu pe rtino.o rg . Questions regarding this project should be sent to the attention of the
designated project manager, Evelyn Moran no later than June 9, 2023, at 5 :00 PM.
You must indicate receipt of this addendum on the last page of the Proposal. Failure to do so may cause
rejection of your bid .
APPROVED BY :
~
Chad Mosley
Acting Director of Public Works/City Enginee r
Adden d um No . 2
Regnart Road Improvements Phase 1
City of Cuperti no
Project No . 2019-08
Page 1of1
Regnart Rd Improvements Phase 1 2021 Form GENERAL CONDITIONS
Proj. No. 2019-08 Page 28
General Conditions
Article 1 - Definitions
Definitions. The following definitions apply to all of the Contract Documents unless otherwise
indicated, e.g., additional definitions that apply solely to the Specifications or other technical
documents. Defined terms and titles of documents are capitalized in the Contract Documents,
with the exception of the following (in any tense or form): “day,” “furnish,” “including,” “install,”
“work day” or “working day.”
Allowance means a specific amount that must be included in the Bid Proposal for a specified
purpose.
Article, as used in these General Conditions, means a numbered Article of the General
Conditions, unless otherwise indicated by the context.
Change Order means a written document duly approved and executed by City, which changes
the scope of Work, the Contract Price, or the Contract Time.
City means the municipality which has entered into the Contract with Contractor for performance
of the Work, acting through its City Council, officers, employees, City Engineer, and any other
authorized representatives.
City Engineer means the City Engineer for City and his or her authorized delegee(s).
Claim means a separate demand by Contractor for a change in the Contract Time or Contract
Price, that has previously been submitted to City in accordance with the requirements of the
Contract Documents, and which has been rejected by City, in whole or in part; or a written
demand by Contractor objecting to the amount of Final Payment.
Contract means the signed agreement between City and Contractor for performing the Work
required for the Project, and all documents expressly incorporated therein.
Contract Documents means, collectively, all of the documents listed as such in Section 2 of the
Contract, including the Notice Inviting Bids; the Instructions to Bidders; addenda, if any; the Bid
Proposal, and attachments thereto; the Contract; the Notice of Potential Award and Notice to
Proceed; the payment and performance bonds; the General Conditions; the Special Conditions;
the Project Plans and Specifications; any Change Orders; and any other documents which are
clearly and unambiguously made part of the Contract Documents. The Contract Documents do
not include documents provided “For Reference Only,” or documents that are intended solely to
provide information regarding existing conditions.
Contract Price means the total compensation to be paid to Contractor for performance of the
Work, as set forth in the Contract and as may be amended by Change Order or adjusted for an
Allowance. The Contract Price is not subject to adjustment due to inflation or due to the increased
cost of labor, material, supplies or equipment following submission of the Bid Proposal.
Contract Time means the time specified for complete performance of the Work, as set forth in
the Contract and as may be amended by Change Order.
Contractor means the individual, partnership, corporation, or joint-venture that has signed the
Contract with City to perform the Work.
Day means a calendar day unless otherwise specified.
Regnart Rd Improvements Phase 1 2021 Form GENERAL CONDITIONS
Proj. No. 2019-08 Page 29
Design Professional means the licensed individual(s) or firm(s) retained by City to provide
architectural, engineering, or electrical engineering design 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.
Project means the public works project referenced in the Contract.
Regnart Rd Improvements Phase 1 2021 Form GENERAL CONDITIONS
Proj. No. 2019-08 Page 30
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. Lincoln’s Birthday, February 12;
d. Presidents’ Day, third Monday in February;
e. Memorial Day, last Monday in May;
f. Juneteenth, June 19;
g. Independence Day, July 4;
h. Labor Day, first Monday in September;
i. Veterans’ Day, November 11;
j. Thanksgiving Day, as designated by the President;
Regnart Rd Improvements Phase 1 2021 Form GENERAL CONDITIONS
Proj. No. 2019-08 Page 31
k. The Day following Thanksgiving Day;
l. Christmas Day, December 25;
m. City Closure, December 24, 26, 27,28,29,30 and 31: and
n. 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.
(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,
Regnart Rd Improvements Phase 1 2021 Form GENERAL CONDITIONS
Proj. No. 2019-08 Page 32
sequences, procedures, safety precautions and programs, and coordination of all
portions of the Work with that of all other contractors and Subcontractors, except to the
extent that the Contract Documents provide other specific instructions. Contractor’s
responsibilities extend to any plan, method or sequence suggested, but not required by
City or specified in the Contract Documents. From the date of commencement of the
Work until either the date on which City formally accepts the Project or the effective date
of termination of the Contract, whichever is later, Contractor bears all risks of injury or
damage to the Work and the materials and equipment delivered to any Worksite, by any
cause including fire, earthquake, wind, weather, vandalism or theft.
(C) Project Administration. Contractor must provide sufficient and competent
administration, staff, and skilled workforce necessary to perform and timely complete the
Work in accordance with the Contract Documents. Before starting the Work, Contractor
must designate in writing and provide complete contact information, including telephone
numbers and email address, for the officer or employee in Contractor’s organization who
is to serve as Contractor’s primary representative for the Project, and who has authority
to act on Contractor’s behalf. A Subcontractor may not serve as Contractor’s primary
representative.
(D) On-Site Superintendent. Contractor must, at all times during performance of
the Work, provide a qualified and competent full-time superintendent acceptable to City,
and assistants as necessary, who must be physically present at the Project site while any
aspect of the Work is being performed. The superintendent must have full authority to act
and communicate on behalf of Contractor, and Contractor will be bound by the
superintendent’s communications to City. City’s approval of the superintendent is
required before the Work commences. If City is not satisfied with the superintendent’s
performance, City may request a qualified replacement of the superintendent. Failure to
comply may result in temporary suspension of the Work, at Contractor’s sole expense
and with no extension of Contract Time, until an approved superintendent is physically
present to supervise the Work. Contractor must provide written notice to City, as soon as
practicable, before replacing the superintendent.
(E) Standards. Contractor must, at all times, ensure that the Work is performed in
an efficient, skillful manner following best practices and in full compliance with the
Contract Documents and Laws and applicable manufacturer’s recommendations.
Contractor has a material and ongoing obligation to provide true and complete
information, to the best of its knowledge, with respect to all records, documents, or
communications pertaining to the Project, including oral or written reports, statements,
certifications, Change Order requests, or Claims.
(F) Meetings. Contractor, its project manager, superintendent and any primary
Subcontractors requested by City, must attend a pre-construction conference, if
requested by City, as well as weekly Project progress meetings scheduled with City. If
applicable, Contractor may also be required to participate in coordination meetings with
other parties relating to other work being performed on or near the Project site or in
relation to the Project, including work or activities performed by City, other contractors, or
other utility owners.
(G) Construction Records. Contractor will maintain up-to-date, thorough, legible,
and dated daily job reports, which document all significant activity on the Project for each
day that Work is performed on the Project. The daily report for each day must include the
number of workers at the Project site; primary Work activities; major deliveries; problems
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
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restoration. Contractor will maintain copies of all subcontracts, Project-related
correspondence with subcontractors, and records of meetings with Subcontractors. Upon
request by the City, Contractor will permit review of and/or provide copies of any of these
construction records.
(H) Responsible Party. Contractor is solely responsible to City for the acts or
omissions of any Subcontractors, or any other party or parties performing portions of the
Work or providing equipment, materials or services for or on behalf of Contractor or the
Subcontractors. Upon City’s written request, Contractor must promptly and permanently
remove from the Project, at no cost to City, any employee or Subcontractor or employee
of a Subcontractor who the Engineer has determined to be incompetent, intemperate or
disorderly, or who has failed or refused to perform the Work as required under the
Contract Documents.
(I) Correction of Defects. Contractor must promptly correct, at Contractor’s sole
expense, any Work that is determined by City to be deficient or defective in any way,
including workmanship, materials, parts or equipment. Workmanship, materials, parts or
equipment that do not conform to the requirements under the Plans, Specifications and
every other Contract Document, 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
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
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or following Contract termination, whichever occurs first. Subject to prior notice to
Contractor, City is entitled to inspect or audit any of Contractor’s Project records
relating to the Project or to investigate Contractor’s plant or equipment during
Contractor’s normal business hours. 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
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.
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(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 submitta l requirements that
may be included elsewhere in the Contract Documents, including the Special Conditions
or Specifications. The Engineer may require submission of a submittal schedule at or
before a pre-construction conference, as may be specified in the Notice to Proceed.
(A) General. Contractor is responsible for ensuring that its submittals are accurate
and conform to the Contract Documents.
(B) Time and Manner of Submission. Contractor must ensure that its submittals
are prepared and delivered in a manner consistent with the current City-accepted
schedule for the Work and within the applicable time specified in the Contract
Documents, or if no time is specified, in such time and sequence so as not to delay the
performance of the Work or completion of the Project.
(C) Required Contents. Each submittal must include the Project name and contract
number, Contractor’s name and address, the name and address of any Subcontractor or
supplier involved with the submittal, the date, and references to applicable Specification
section(s) and/or drawing and detail number(s).
(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.
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(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.
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,
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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 Article 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
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;
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(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,
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
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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 at the time the Contract is signed.
3.6 Conformed Copies. If City prepares a conformed set of the Contract Documents
following award of the Contract, it will provide Contractor with two hard copy (paper) sets
and one copy of the electronic file in PDF format. It is Contractor’s responsibility to
ensure that all Subcontractors, including fabricators, are provided with the conformed set
of the Contract Documents at Contractor’s sole expense.
3.7 Ownership. No portion of the Contract Documents may be used for any purpose other
than construction of the Project, without prior written consent from City. Contractor is
deemed to have conveyed the copyright in any designs, drawings, specifications, Shop
Drawings, or other documents (in paper or electronic form) developed by Contractor for
the Project, and City will retain all rights to such works, including the right to possession.
Article 4 - Bonds, Indemnity, and Insurance
4.1 Payment and Performance Bonds. Within ten days following issuance of the Notice of
Potential Award, Contractor is required to provide a payment bond and a performance
bond, each in the penal sum of not less than 100% of the Contract Price, and each
executed by Contractor and its surety using the bond forms included with the Contract
Documents.
(A) Surety. Each bond must be issued and executed by a surety admitted in
California. If an issuing surety cancels the bond or becomes insolvent, within seven days
following written notice from City, Contractor must substitute a surety acceptable to City.
If Contractor fails to substitute an acceptable surety within the specified time, City may, at
its sole discretion, withhold payment from Contractor until the surety is replaced to City’s
satisfaction, or terminate the Contract for default.
(B) Supplemental Bonds for Increase in Contract Price. If the Contract Price
increases during construction by five percent or more over the original Contract Price,
Contractor must provide supplemental or replacement bonds within ten days of written
notice from City pursuant to this Section, covering 100% of the increased Contract Price
and using the bond forms included with the Contract Documents.
4.2 Indemnity. To the fullest extent permitted by law, Contractor must indemnify, defend,
and hold harmless City, its Council, officers, officials, employees, agents, volunteers, and
consultants (individually, an “Indemnitee,” and collectively the “Indemnitees”) from and
against any and all liability, loss, damage, claims, causes of action, demands, charges,
fines, costs, and expenses (including, without limitation, attorney fees, expert witness
fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”)
of every nature arising out of or in connection with the acts or omissions of Contractor, its
employees, Subcontractors, representatives, or agents, in bidding or performing the Work
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
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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 protected coverage, contractual liability, products and completed
operations, and broad form property damage, with limits of at least $2,000,000
per occurrence and at least $4,000,000 general aggregate. The CGL insurance
coverage may be arranged under a single policy for the full limits required or by a
combination of underlying policies with the balance provided by excess or
umbrella policies, provided each such policy complies with the requirements set
forth in this Section, including required endorsements.
(2) Automobile Liability Insurance: The automobile liability insurance policy must
provide coverage of at least $2,000,000 combined single-limit per accident for
bodily injury, death, or property damage, including hired and non-owned auto
liability.
(3) Workers’ Compensation Insurance and Employer’s Liability: The workers’
compensation and employer’s liability insurance policy must comply with the
requirements of the California Labor Code, providing coverage of at least
$1,000,000 or as otherwise required by the statute. If Contractor is self-insured,
Contractor must provide its Certificate of Permission to Self-Insure, duly
authorized by the DIR.
(4) Pollution Liability Insurance: The pollution liability insurance policy must be
issued on an occurrence basis, providing coverage of at least $2,000,000 for all
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.
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(B) Notice. Each certificate of insurance must state that the coverage afforded by
the policy or policies will not be reduced, cancelled or allowed to expire without at least
30 days written notice to City, unless due to non-payment of premiums, in which case ten
days written notice must be made to City.
(C) Waiver of Subrogation. Each required policy must include an endorsement
providing that the carrier will waive any right of subrogation it may have against City.
(D) Required Endorsements. The CGL policy, automobile liability policy, pollution
liability policy, and builder’s risk policy must include the following specific endorsements:
(1) The City, including its Council, officials, officers, employees, agents,
volunteers and consultants (collectively, “Additional Insured”) must be named as
an additional insured for all liability arising out of the operations by or on behalf of
the named insured, and the policy must protect the Additional Insured against
any and all liability for personal injury, death or property damage or destruction
arising directly or indirectly in the performance of the Contract. The additional
insured endorsement must be provided using ISO form CG 20 10 11 85 or an
equivalent form approved by the City.
(2) The inclusion of more than one insured will not operate to impair the rights of
one insured against another, and the coverages afforded will apply as though
separate policies have been issued to each insured.
(3) The insurance provided by Contractor is primary and no insurance held or
owned by any Additional Insured may be called upon to contribute to a loss.
(4) This policy does not exclude explosion, collapse, underground excavation
hazard, or removal of lateral support.
(E) Contractor’s Responsibilities. This Section 4.3 establishes the minimum
requirements for Contractor’s insurance coverage in relation to this Project, but is not
intended to limit Contractor’s ability to procure additional or greater coverage. Contractor
is responsible for its own risk assessment and needs and is encouraged to consult its
insurance provider to determine what coverage it may wish to carry beyond the minimum
requirements of this Section. Contractor is solely responsible for the cost of its insurance
coverage, including premium payments, deductibles, or self-insured retentions, and no
Additional Insured will be responsible or liable for any of the cost of Contractor’s
insurance coverage.
(F) Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions that apply to the required insurance (collectively, “deductibles”) in excess of
$100,000 are subject to approval by the City’s Risk Manager, acting in his or her sole
discretion, and must be declared by Contractor when it submits its certificates of
insurance and endorsements pursuant to this Section 4.3. If the City’s Risk Manager
determines that the deductibles are unacceptably high, at City’s option, Contractor must
either reduce or eliminate the deductibles as they apply to City and all required Additional
Insured; or must provide a financial guarantee, to City’s satisfaction, guaranteeing
payment of losses and related investigation, claim administration, and legal expenses.
(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 r elated 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
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writing in advance by the City’s Risk Manager. Contractor must confirm that each
Subcontractor has complied with these insurance requirements before the Subcontractor
is permitted to begin Work on the Project. Upon request by the City, Contractor must
provide certificates and endorsements submitted by each Subcontractor to prove
compliance with this requirement. The insurance requirements for Subcontractors do not
replace or limit the Contractor’s insurance obligations.
Article 5 - Contract Time
5.1 Time is of the Essence. Time is of the essence in Contractor’s performance and
completion of the Work, and Contractor must diligently prosecute the Work and complete
it within the Contract Time.
(A) General. Contractor must commence the Work on the date indicated in the
Notice to Proceed and must fully complete the Work in strict compliance with all
requirements of the Contract Documents and within the Contract Time. Contractor may
not begin performing the Work before the date specified in the Notice to Proceed.
(B) Authorization. Contractor is not entitled to compensation or credit for any Work
performed before the date specified in the Notice to Proceed, with the exception of any
schedules, submittals, or other requirements, if any, that must be provided or performed
before issuance of the Notice to Proceed.
(C) Rate of Progress. Contractor and its Subcontractors must, at all times, provide
workers, materials, and equipment sufficient to maintain the rate of progress necessary to
ensure full completion of the Work within the Contract Time. If City determines that
Contractor is failing to prosecute the Work at a sufficient rate of progress, City may, in its
sole discretion, direct Contractor to provide additional workers, materials, or equipment,
or to work additional hours or days without additional cost to City, in order to achieve a
rate of progress satisfactory to City. If Contractor fails to comply with City’s directive in
this regard, City may, at Contractor’s expense, separately contract for additional workers,
materials, or equipment or use City’s own forces to achieve the necessary rate of
progress. Alternatively, City may terminate the Contract based on Contractor’s default.
5.2 Schedule Requirements. Contractor must prepare all schedules using standard,
commercial scheduling software acceptable to the Engineer, and must provide the
schedules in electronic and paper form as requested by the Engineer. In addition to the
general scheduling requirements set forth below, Contractor must also comply with any
scheduling requirements included in the Special Conditions or in the Technical
Specifications.
(A) Baseline (As-Planned) Schedule. Within ten calendar days following City’s
issuance of the Notice to Proceed (or as otherwise specified in the Notice to Proceed),
Contractor must submit to City for review and acceptance a baseline (as-planned)
schedule using critical path methodology showing in detail how Contractor plans to
perform and fully complete the Work within the Contract Time, including labor,
equipment, materials and fabricated items. The baseline schedule must show the order of
the major items of Work and the dates of start and completion of each item, including
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.
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(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 orders date(s).
(B) City’s Review of Schedules. City will review and may note exceptions to the
baseline schedule, and to the progress schedules submitted as required below, to assure
completion of the Work within the Contract Time. 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 ten 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.
(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.
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(F) Posting. Contractor must at all times prominently post a copy of the most
current City-accepted progress or recovery schedule in its on-site office.
(G) Reservation of Rights. City reserves the right to direct the sequence in which
the Work must be performed or to make changes in the sequence of the Work in order to
facilitate the performance of work by City or others, or to facilitate City’s use of its
property. The Contract Time or Contract Price may be adjusted to the extent such
changes in sequence actually increase or decrease Contractor’s time or cost to perform
the Work.
(H) Authorized Working Days and Times. Contractor is limited to working Monday
through Friday, excluding holidays, during City’s normal business hours, except as
provided in the Special Conditions or as authorized in writing by City. City reserves the
right to charge Contractor for additional costs incurred by City due to Work performed on
days or during hours not expressly authorized in the Contract Documents, including
reimbursement of costs incurred for inspection, testing, and construction management
services.
5.3 Delay and Extensions of Contract Time.
(A) Notice of Delay. If Contractor becomes aware of any actual or potential delay
affecting the critical path, Contractor must promptly notify the Engineer in writing,
regardless of the nature or cause of the delay, so that City has a reasonable opportunity
to mitigate or avoid the delay.
(B) Excusable Delay. The Contract Time may be extended if Contractor encounters
“Excusable Delay,” which is an unavoidable delay in completing the Work within the
Contract Time due to causes completely beyond Contractor’s control, and which
Contractor could not have avoided or mitigated through reasonable care, planning,
foresight, and diligence, provided that Contractor is otherwise fully performing its
obligations under the Contract Documents. Grounds for Excusable Delay may include
fire, natural disasters including earthquake or unusually severe weather, acts of terror or
vandalism, epidemic, unforeseeable adverse government actions, unforeseeable actions
of third parties, encountering unforeseeable hazardous materials, unforeseeable site
conditions, or suspension for convenience under Article 13. The Contract Time will not be
extended based on circumstances which will not unavoidably delay completing the Work
within the Contract Time based on critical path analysis.
(C) Weather Delays. A “Weather Delay Day” is a Working Day during which
Contractor and its forces, including Subcontractors, are unable to perform more than 40%
of the critical path Work scheduled for that day due to adverse weather conditions which
impair the ability to safely or effectively perform the scheduled critical path Work that day.
Adverse weather conditions may include rain, saturated soil, and Project site clean-up
required due to adverse weather. Determination of what constitutes critical path Work
scheduled for that day will be based on the most current, City-approved schedule.
Contractor will be entitled to a non-compensable extension of the Contract Time for each
Weather Delay Day in excess of the normal Weather Delay Days within a given month as
determined by reliable records, including monthly rainfall averages, for the preceding ten
years (or as otherwise specified in the Special Conditions or Specifications).
(1) Based on historic records for the Project location from the Western
Regional Climate Center, Contractor’s schedule should assume the following
number of normal Weather Delay Days and precipitation for each month:
Month # Normal Weather Precipitation
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Delay Days
January 6 2.86
February 6 2.66
March 6 2.29
April 3 1.20
May 1 0.44
June 0 0.10
July 0 0.02
August 0 0.07
September 1 0.19
October 2 0.76
November 4 1.51
December 5 2.43
Total 34 14.53
(2) Contractor must fully comply with the applicable procedures in Articles 5
and 6 of the General Conditions regarding requests to modify the Contract Time.
(3) 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.
(4) Contractor must take reasonable steps to mitigate the consequences of
Weather Delay Days, including prudent workforce management and protecting
the Work, Project Site, materials, and equipment.
(D) Non-Excusable Delay. Delay which Contractor could have avoided or mitigated
through reasonable care, planning, foresight and diligence is “Non -Excusable Delay.”
Contractor is not entitled to an extension of Contract Time or any compensation for Non-
Excusable Delay, or for Excusable Delay that is concurrent with Non-Excusable Delay.
Non-Excusable Delay includes delay caused by:
(1) weather conditions which are normal for the location of the Project, as
determined by reliable records, including monthly rainfall averag es, 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));
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(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.
(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 contemplat ion of the parties
(“Compensable Delay”). Contractor is not entitled to an extension of Contract Time or
recovery of costs for Compensable Delay that is concurrent with Non-Excusable Delay.
Delay due to causes that are beyond the control of either City or Contractor, including
Weather Delay Days, discovery of Historic or Archeological Items pursuant to Section
7.18, or the actions or inactions of third parties or other agencies, is not Compensable
Delay, and will only entitle Contractor to an extension of time commensurate with the time
lost due to such delay.
(F) Recoverable Costs. Contractor is not entitled to compensation for Excusable
Delay unless it is Compensable Delay, as defined above. Contractor is entitled to recover
only the actual, direct, reasonable, and substantiated costs (“Recoverable Costs”) for
each working day that the Compensable Delay prevents Contractor from proceeding with
more than 50% of the critical path Work scheduled for that day, based on the most recent
progress schedule accepted by City. Recoverable Costs will not include home office
overhead or lost profit.
(G) Request for Extension of Contract Time or Recoverable Costs. A request for
an extension of Contract Time or any associated Recoverable Costs must be submitted
in writing to City within ten calendar days of the date the delay is first encountered, even
if the duration of the delay is not yet known at that time, or any entitlement to the Contract
Time extension or to the Recoverable Costs will be deemed waived. In addition to
complying with the requirements of this Article 5, the request must be submitted in
compliance with the Change Order request procedures in Article 6 below. Strict
compliance with these requirements is necessary to ensure that any delay or
consequences of delay may be mitigated as soon as possible, and to facilitate c ost-
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.
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(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
critical path methodology and demonstrating the unavoidable d elay 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 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, City will charge Contractor in
the amount specified in the Contract for each 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 or Compensable Delay, as set forth above.
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(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
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,
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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
element of Extra Work, and sufficiently distinguish the direct cost of the Extra Work from
the cost of other Work performed. For each day that Contractor performs Extra Work, or
Work that Contractor contends is Extra Work, Contractor must submit no later than the
following Working Day, a daily report of the Extra Work performed that day and the
related costs, together with copies of certified payroll, invoices, and other documentation
substantiating the costs (“Extra Work Report”). The Engineer will make any adjustments
to Contractor’s Extra Work Report(s) based on the Engineer’s records of the Work. When
an Extra Work Report(s) is agreed on and signed by both City and Contractor, the Extra
Work Report(s) will become the basis for payment under a duly authorized and signed
Change Order. Failure to submit the required documentation by close of business on the
next Working Day is deemed a full and complete waiver for any change in the Contract
Price or Contract Time for any Extra Work performed that day.
(D) Minor Changes and RFIs. Minor field changes, including RFI replies from City,
that do not affect the Contract Price or Contract Time and that are approved by the
Engineer acting within his or her scope of authority, do not require a Change Order. By
executing an RFI reply from City, Contractor agrees that it will perform the Work as
clarified therein, with no change to the Contract Price or Contract Time.
(E) Remedy for Non-Compliance. Contractor’s failure to promptly comply with a
City-directed change is deemed a material breach of the Contract, and in addition to all
other remedies available to it, City may, at its sole discretion, hire another contractor or
use its own forces to complete the disputed Work at Contractor’s sole expense, and may
deduct the cost from the Contract Price.
6.2 Contractor Change Order Requests. Contractor must submit a request or proposal for
a change in the Work, compensation for Extra Work, or a change in the Contract Price or
Contract Time as a written Change Order request or proposal.
(A) Time for Submission. Any request for a change in the Contract Price or the
Contract Time must be submitted in writing to the Engineer within ten calendar days of
the date that Contractor first encounters the circumstances, information or conditions
giving rise to the Change Order request, even if the total amount of the requested change
in the Contract Price or impact on the Contract Time is not yet known at that time. If City
requests that Contractor propose the terms of a Change Order, unless otherwise
specified in City’s request, Contractor must provide the Engineer with a written proposal
for the change in the Contract Price or Contract Time within five working days of
receiving City’s request, in a form satisfactory to the Engineer.
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(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.
(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,
and which may include a not-to-exceed limit, calculated as the total of the following sums ,
the cumulative total of which may not exceed the maximum markup rate of 15%:
(1) All direct labor costs provided by the Contractor, excluding superintendence,
project management, or administrative costs, plus 15% markup;
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(2) All direct material costs provided by the Contractor, including sales tax, plus
15% markup;
(3) All direct plant and equipment rental costs provided by the Contractor, plus
15% markup;
(4) All direct additional subcontract costs plus 10% markup for Work performed
by Subcontractors; and
(5) Increased bond or insurance premium costs computed at 1.5% of total of the
previous four sums.
6.4 Unilateral Change Order. If the parties dispute the terms of a proposed Change Order,
including disputes over the amount of compensation or extension of time that Contractor
has requested, the value of deleted or changed Work, what constitutes Extra Work, or
quantities used, City may elect to issue a unilateral Change Order, directing performance
of the Work, and authorizing a change in the Contract Price or Contract Time for the
adjustment to compensation or time that the City believes is merited. Contractor’s sole
recourse to dispute the terms of a unilateral Change Order is to submit a timely Claim
pursuant to Article 12, below.
6.5 Non-Compliance Deemed Waiver. Contractor waives its entitlement to any increase in
the Contract Price or Contract Time if Contractor fails to fully comply with the provisions
of this Article. Contractor will not be paid for unauthorized Extra Work.
Article 7 - General Construction Provisions
7.1 Permits, Fees, Business License, and Taxes.
(A) Permits, Fees, and City Business License. Contractor must obtain and pay for
all permits, fees, or 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.
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(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.
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 additional Worksites, licenses,
easements, and temporary facilities necessary to access and perform the Work.
(B) Offsite Staging Area and Field Office. If additional space beyond the Project
site is needed, such as for the staging area or the field office, 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 the 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.
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(2) City wastewater systems may not be interrupted. If the Work disrupts existing
sewer facilities, Contractor must immediately notify City and establish a plan,
subject to City’s approval, to convey the sewage in closed conduits back into the
sanitary sewer system. Sewage must not be permitted to flow in trenches or be
covered by backfill.
(3) Contractor must remove with due care, and store at City’s request, any
objects or material from the Project site that City will salvage or reuse at another
location.
(4) If directed by Engineer, Contractor must promptly repair or replace any
property damage, as specified by the Engineer. However, acting in its sole
discretion, City may elect to have the property damage remedied otherwise, and
may deduct the cost to repair or replace the damaged property from payment
otherwise due to Contractor.
(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.
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7.6 Materials and Equipment.
(A) General. Unless otherwise specified, all materials and equipment required for
the Work must be new, free from defects, and of the best grade for the intended purpose,
and furnished in sufficient quantities to ensure the proper and expeditious performance of
the Work. Contractor must employ measures to preserve the specified quality and fitness
of the materials and equipment. Unless otherwise specified, all materials and equipment
required for the Work are deemed to include all components required for complete
installation and intended operation and must be installed in accordance with the
manufacturer’s recommendations or instructions. Contractor is responsible for all
shipping, handling, and storage costs associated with the materials and equipment
required for the Work. Contractor is responsible for providing security and protecting the
Work and all of the required materials, supplies, tools and equipment at Contractor’s sole
cost until City has formally accepted the Project as set forth in Section 11.1 , Final
Completion. Contractor will not assign, sell, mortgage, or hypothecate any materials or
equipment for the Project, or remove any materials or equipment that have been installed
or delivered.
(B) City-Provided. If the Work includes installation of materials or equipment to be
provided by City, Contractor is solely responsible for the proper examination, handling,
storage, and installation in accordance with the Contract Documents. Contractor must
notify City of any defects discovered in City-provided materials or equipment, sufficiently
in advance of scheduled use or installation to afford adequate time to procure
replacement materials or equipment as needed. Contractor is solely responsible for any
loss of or damage to such items which occurs while the items are in Contractor’s custody
and control, the cost of which may be offset from the Contract Price and deducted from
any payment(s) due to Contractor.
(C) Intellectual Property Rights. Contractor must, at its sole expense, obtain any
authorization or license required for use of patented or copyright-protected materials,
equipment, devices or processes that are incorporated into the Work. Contractor’s
indemnity obligations in Article 4 apply to any claimed violation of intellectual property
rights in violation of this provision.
7.7 Substitutions.
(A) “Or Equal.” Any Specification designating a material, product, or thing
(collectively, “item”) or service by specific brand or trade name, followed by the words “or
equal,” is intended only to indicate the quality and type of item or service desired, and
Contractor may request use of any equal item or service. Unless otherwise stated in the
Specifications, any reference to a specific brand or trade name for an item that is used
solely for the purpose of describing the type of item desired, will be deemed to be
followed by the words “or equal.” A substitution will only be approved if it is a true “equal”
item in every aspect of design, function, and quality , as determined by City, including
dimensions, weight, maintenance requirements, durability, fit with other elements, and
schedule impacts.
(B) Request for Substitution. A post-award request for substitution of an item or
service must be submitted in writing to the Engineer for approval in advance, within the
applicable time period provided in the Contract Documents. If no time period is specified,
the substitution request may be submitted any time within 35 days after the date of award
of the Contract, or sufficiently in advance of the time needed to avoid delay of the Work,
whichever is earlier.
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(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 locations during construction
and/or fabrication and at any Worksite, including at shops and yards as well as at the
Project site. 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 testing consultants retained by City, subject to the
following exceptions:
(1) Contractor will be responsible for the costs of any subsequent tests which
are required to substantiate compliance with the Contract Documents, and any
associated remediation costs.
(2) Contractor will be responsible for inspection costs, at City’s hourly rates, for
inspection time lost because the Work is not ready or Contractor fails to appear
for a scheduled inspection.
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(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 of
the Work does not in any way relieve Contractor of its obligations to perform the Work as
specified. Any Work done without the required inspection(s) will also 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.
(B) Dust and Debris. Contractor must minimize and confine dust and debris
resulting from the Work. Contractor must abate dust nuisance by cleaning, sweeping, and
immediately sprinkling with water excavated areas of dirt or other materials prone to
cause dust, and within one hour after the Engineer notifies Contractor that an airborne
nuisance exists. The Engineer may direct that Contractor provide an approved water-
spraying truck for this purpose. If water is used for dust control, Contractor will only use
the minimum necessary. Contractor must take all necessary steps to keep waste water
out of streets, gutters, or storm drains. See Section 7.19, Environmental Control. If City
determines that the dust control is not adequate, City may have the work done by others
and deduct the cost from the Contract Price. Contractor will immediately remove any
excess excavated material from the Project site and any dirt deposited on public streets.
(C) Clean up. Before discontinuing Work in an area, Contractor must clean the area
and remove all debris and waste along with the construction equipment, tools, machinery,
and surplus materials.
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(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, 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
the cost will be deducted from any amounts due or to become due to Contractor.
7.10 Instructions and Manuals. Contractor must provide to City three copies each of all
instructions and manuals required by the Contract Documents, unless otherwise
specified. These must be complete as to drawings, details, parts lists, performance data,
and other information that may be required for City to easily maintain and service the
materials and equipment installed for this Project.
(A) Submittal Requirements. All manufacturers’ application or installation
instructions must be provided to City at least ten days prior to the first such application.
The instructions and manuals, along with any required guarantees, must be delivered to
City for review.
(B) Training. Contractor or its Subcontractors must train City’s personnel in the
operation and maintenance of any complex equipment or systems as a condition
precedent to Final Completion, if required in the Contract Documents.
7.11 As-built Drawings. Contractor and its Subcontractors must prepare and maintain at the
Project site a detailed, complete and accurate as-built set of the Plans which will be used
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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 through 4216.5, which are incorporated by reference herein.
Government Code § 4216.2 requires that, except in an emergency, Contractor must
contact the appropriate regional notification center, or Underground Services Alert , at
least two working days, but not more than 14 calendar days, before starting any
excavation if the excavation will be conducted in an area that is known, or reasonably
should be known, to contain subsurface installations. Contractor may not begin
excavation until it has obtained and submitted to Engineer an inquiry identification
number from Underground Services Alert.
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7.14 Trenching and Excavations of Four Feet or More. As required by Public Contract
Code § 7104, if the Work includes digging trenches or other excavations that extend
deeper than four feet below the surface, the provisions in this Section apply to the Work
and the Project.
(A) Duty to Notify. Contractor must promptly, and before the following conditions
are disturbed, provide written notice to City if Contractor finds any of the following
conditions:
(1) Material that Contractor believes may be a hazardous waste, as defined in §
25117 of the Health and Safety Code, that is required to be removed to a Class I,
Class II, or Class III disposal site in accordance with the provisions of existing
Laws;
(2) Subsurface or latent physical conditions at the Project site differing from
those indicated by information about the Project site made available to bidders
prior to the deadline for submitting bids; or
(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,
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preserve, and replace if necessary, all construction stakes required for the Project. All
stakes or marks must be set by a California licensed surveyor or a California registered
civil engineer. Contractor must notify the Engineer of any discrepancies found between
Contractor’s staking and grading and information provided by the Contract Documents.
Upon completion, all Work must conform to the lines, elevations, and grades shown in
the Plans, including any changes directed by a Change Order.
7.18 Historic or Archeological Items.
(A) Contractor’s Obligations. Contractor must ensure that all persons performing
Work at the Project site are required to immediately notify the Project Manager, upon
discovery of any potential historic or archeological items, including historic or prehistoric
ruins, a burial ground, archaeological or vertebrate paleontological site, including
fossilized footprints or other archeological, paleontological or historical feature on the
Project site (collectively, “Historic or Archeological Items”).
(B) Discovery; Cessation of Work. Upon discovery of any potential Historic or
Archeological Items, Work must be stopped within an 85-foot radius of the find and may
not resume until authorized in writing by City. If required by City, Contractor must assist in
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 Requir ements for Discharges of Stormwater
Runoff Associated with Construction Activity (“Stormwater Permit”).
(B) Contractor’s Obligations. If required for the Work, a copy of the Stormwater
Permit is on file in City’s principal administrative offices, and Contractor must comply with
it without adjustment of the Contract Price or the Contract Time. Contractor must timely
and completely submit required reports and monitoring information required by the
conditions of the Stormwater Permit. Contractor also must comply with all other Laws
governing discharge of stormwater, including applicable municipal stormwater
management programs.
7.20 Noise Control. Contractor must comply with all applicable noise control Laws. Noise
control requirements apply to all equipment used for the Work or related to the Work,
including trucks, transit mixers or transient equipment that may or may not be owned by
Contractor.
7.21 Mined Materials. Pursuant to the Surface Mining and Reclamation Act of 1975, Public
Resources Code § 2710 et seq., any purchase of mined materials, such as construction
aggregate, sand, gravel, crushed stone, road base, fill materials, and any other mineral
materials must originate from a surface mining operation included on the AB 3098 List,
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which is available online at:
ftp://ftp.consrv.ca.gov/pub/omr/AB3098%20List/AB3908List.pdf.
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 a
monthly application for payment for Work performed during the preceding month based
on the estimated value of the Work performed during that preceding month.
(A) Application for Payment. Each application for payment must be itemized to
include labor, materials, and equipment incorporated into the Work, and materials and
equipment delivered to the Project site, as well as authorized and approved Change
Orders. Each payment application must be supported by the unit prices submitted with
Contractor’s Bid Schedule and/or schedule of values and any other substantiating data
required by the Contract Documents.
(B) Payment of Undisputed Amounts. City will pay the undisputed amount due
within 30 days after Contractor has submitted a complete and accurate payment
application, subject to Public Contract Code § 20104.50. City will deduct a percentage
from each progress payment as retention, as set forth in Section 8.5, below, and may
withhold additional amounts as set forth in Section 8.3, below.
8.3 Adjustment of Payment Application. City may adjust or reject the amount requested in
a payment application, including application for Final Payment, in whole or in part, if the
amount requested is disputed or unsubstantiated. Contractor will be notified in writing of
the basis for the modification to the amount requested. City may also deduct or withhold
from payment otherwise due based upon any of the circumstances and amounts listed
below. Sums withheld from payment otherwise due will be released when the basis for
that withholding has been remedied and no longer exists.
(A) For Contractor’s unexcused failure to perform the Work as required by the
Contract Documents, including correction or completion of punch list items, City may
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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 and 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
and within the time specified in the Contract Documents, City may withhold or deduct an
amount based on the City’s cost to prepare the as-builts.
(H) For Work performed without Shop Drawings that have been accepted by City,
when accepted Shop Drawings are required before proceeding with the Work , City may
deduct an amount based on the estimated costs to correct unsatisfactory Work or
diminution in value.
(I) For fines, payments, or penalties assessed under the Labor Code, City may
deduct from payments due to Contractor as required by Laws and as directed by the
Division of Labor Standards Enforcement.
(J) For any other costs or charges that may be withheld or deducted from payments
to Contractor, as provided in the Contract Documents, including liquidated damages, City
may withhold or deduct such amounts from payment otherwise due to Contractor.
8.4 Early Occupancy. Neither City’s payment of progress payments nor its partial or full use
or occupancy of the Project constitutes acceptance of any part of the Work.
8.5 Retention. City will retain five percent of the full amount due on each progress payment
(i.e., the amount due before any withholding or deductions pursuant to Section 8.3,
Adjustment to Payment Application), or the percentage stated in the Notice Inviting Bids,
whichever is greater, as retention to ensure full and satisfactory performance of the Work.
Contractor is not entitled to any reduction in the rate of withholding at any time, nor to
release of any retention before 35 days following City’s acceptance of the Project.
(A) Substitution of Securities. As provided by Public Contract Code § 22300,
Contractor may request in writing that it be allowed, at its sole expense, to substitute
securities for the retention withheld by City. Any escrow agreement entered into pursuant
to this provision must fully comply with Public Contract Code § 22300 and will be subject
to approval as to form by City’s legal counsel. If City exercises its right to draw upon such
securities in the event of default pursuant to section (7) of the statutory Escrow
Agreement for Security Deposits in Lieu of Retention, pursuant to subdivision (f) of Public
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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
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
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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.
(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 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 a day, 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.
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(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 §§ 1776
and 1812 and all implementing regulations, which are fully incorporated by this reference,
including requirements for 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 a day, for each
worker for whom compliance is required, until strict compliance is achieved. Upon
request by the Division of Apprenticeship Standards, or the Division of Labor Standards
Enforcement, these penalties will be withheld from payments then due to Contractor.
9.5 Labor Compliance. Pursuant to Labor Code § 1771.4, the Contract for this Project is
subject to compliance monitoring and enforcement by the DIR.
Article 10 - Safety Provisions
10.1 Safety Precautions and Programs. Contractor and its Subcontractors are fully
responsible for safety precautions and programs, and for the safety of persons and
property in the performance of the Work. Contractor and its Subcontractors must at all
times comply with all applicable health and safety Laws and seek to avoid injury, loss, or
damage to persons or property by taking reasonable steps to protect its employees and
other persons at any Worksite, materials and equipment stored on or off site, and
property at or adjacent to any Worksite.
(A) Reporting Requirements. Contractor must immediately notify the City of any
death, serious injury or illness resulting from Work on the Project. Contractor must
immediately provide a written report to City of each recordable accident or injury
occurring at any Worksite within 24 hours of the occurrence. The written report must
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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
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
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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 wr itten 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
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.
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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.
(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,
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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. City will notify Contractor in writing of its intent to occupy
or make use of the Project or any portions of the Project, pursuant to this provision.
(A) Non-Waiver. Occupation or use of the Project, in whole or in part, prior to Final
Completion will not operate as acceptance of the Work or any portion of it, nor will it
operate as a waiver of any of City’s rights or 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
Subcontractor performs Work on the Project prior to City acceptance of the Project,
except for warranty work performed under this Article.
Article 12 - Dispute Resolution
12.1 Claims. This Article applies to and provides the exclusive procedures for any Claim
arising from or related to the Contract or performance of the Work.
(A) Definition. “Claim” means a separate demand by Contractor, submitted in
writing by registered or certified mail with return receipt requested, for a change in the
Contract Time, including a time extension or relief from liquidated damages, or a change
in the Contract Price, when the demand has previously been submitted to City in
accordance with the requirements of the Contract Documents, and which has been
rejected or disputed by City, in whole or in part. A Claim may also include that portion of a
unilateral Change Order that is disputed by the Contractor.
(B) Limitations. A Claim may only include the portion of a previously rejected
demand that remains in dispute between Contractor and City. With the exception of any
dispute regarding the amount of money actually paid to Contractor as Final Payment,
Contractor is not entitled to submit a Claim demanding a change in the Contract Time or
the Contract Price, which has not previously been submitted to City in full compliance
with Article 5 and Article 6, and subsequently rejected in whole or in part by City.
(C) Scope of Article. This Article is intended to provide the exclusive procedures for
submission and resolution of Claims of any amount and applies in addition to the
provisions of Public Contract Code § 9204 and § 20104 et seq., which are incorporated
by reference herein.
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(D) No Work Delay. Notwithstanding the submission of a Claim or any other dispute
between the parties related to the Project or the Contract Documents, Contractor must
perform the Work and may not delay or cease Work pending resolution of a Claim or
other dispute, but must continue to diligently prosecute the performance and timely
completion of the Work, including the Work pertaining to the Claim or other dispute.
(E) Informal Resolution. Contractor will make a good faith effort to informally
resolve a dispute before initiating a Claim, preferably by face-to-face meeting between
authorized representatives of Contractor and City.
12.2 Claims Submission. The following requirements apply to any Claim subject to this
Article:
(A) Substantiation. The Claim must be submitted to City in writing, clearly
identified as a “Claim” submitted pursuant to this Article 12 and must include all of the
documents necessary to substantiate the Claim including the Change Order request that
was rejected in whole or in part, and a copy of City’s written rejection that is in dispute.
The Claim must clearly identify and describe the dispute, including relevant references to
applicable portions of the Contract Documents, and a chronology of relevant events. Any
Claim for additional payment must include a complete, itemized breakdown of all known
or estimated labor, materials, taxes, insurance, and subcontract, or other costs.
Substantiating documentation such as payroll records, receipts, invoices, or the like, must
be submitted in support of each component of claimed cost. Any Claim for an extension
of time or delay costs must be substantiated with a schedule analysis and narrative
depicting and explaining claimed time impacts.
(B) Claim Format and Content. A Claim must be submitted in the following format:
(1) Provide a cover letter, specifically identifying the submission as a “Claim”
submitted under this Article 12 and specifying the requested remedy (e.g.,
amount of proposed change to Contract Price and/or change to Contract Time).
(2) Provide a summary of each Claim, including underlying facts and the basis
for entitlement, and identify each specific demand at issue, including the specific
Change Order request (by number and submittal date), and the date of City's
rejection of that demand, in whole or in part.
(3) Provide a detailed explanation of each issue in dispute. For multiple issues
included within a single Claim or for multiple Claims submitted concurrently,
separately number and identify each individual issue or Claim, and include the
following for each separate issue or Claim:
a. A succinct statement of the matter in dispute, including Contractor’s
position and the basis for that position;
b. Identify and attach all documents that substantiate the Claim,
including relevant provisions of the Contract Documents, RFIs,
calculations, and schedule analysis (see subsection (A), Substantiation,
above);
c. A chronology of relevant events; and
d. Analysis and basis for claimed changes to Contract Price, Contract
Time, or any other remedy requested.
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(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 15 days following the date that City
notified Contractor in writing that a request for a change in the Contract Time or
Contract Price, duly submitted in compliance with Article 5 and Article 6, has
been rejected in whole or in part. A Claim disputing the terms of a unilateral
Change Order must be submitted within 15 days following the date of issuance of
the unilateral Change Order. These Claim deadlines apply even if Contractor
cannot yet quantify the total amount of any requested change in the Contract
Time or Contract Price. If the Contractor cannot quantify those amounts, it must
submit an estimate of the amounts claimed pending final determination of the
requested remedy by Contractor.
(2) With the exception of any dispute regarding the amount of Final Payment,
any Claim must be filed on or before the date of Final Payment or will be deemed
waived.
(3) A Claim disputing the amount of Final Payment must be submitted within 15
days of the effective date of Final Payment, under Section 8.7, Final Payment.
(4) Strict compliance with these Claim submission deadlines is necessary to
ensure that any dispute may be mitigated as soon as possible, and to facilitate
cost-efficient administration of the Project. Any Claim that is not submitted
within the specified deadlines will be deemed waived by Contractor.
12.3 City’s Response. City will respond within 45 days of receipt of the Claim with a written
statement identifying which portion(s) of the Claim are disputed, unless the 45-day period
is extended by mutual agreement of City and Contractor or as otherwise allowed under
Public Contract Code § 9204. However, if City determines that the Claim is not
adequately substantiated pursuant to Section 12.2(A), Substantiation, City may first
request in writing, within 30 days of receipt of the Claim, any additional documentation
supporting the Claim or relating to defenses to the Claim that City may have against the
Claim.
(A) Additional Information. If additional information is thereafter required, it may be
requested and provided upon mutual agreement of City and Contractor. If Contractor’s
Claim is based on estimated amounts, Contractor has a continuing duty to update its
Claim as soon as possible with information on actual amounts in order to facilitate prompt
and fair resolution of the Claim.
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(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 dispute City’s response
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.
(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
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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.
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
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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, t he Contract Price and the Contract Time will
be equitably adjusted by Change Order pursuant to the terms of Articles 5 and 6 to reflect
the cost and delay impact occasioned by such suspension for convenience , except to the
extent that any such impacts were caused by Contractor’s failure to comply with the
Contract Documents or the terms of the suspension notice or notice to resume. However,
the Contract Time will only be extended if the suspension causes or will cause
unavoidable delay in Final Completion. If Contractor disputes the terms of a Change
Order issued for such equitable adjustment due to suspension for convenience, its sole
recourse is to comply with the Claim procedures in Article 12.
13.3 Termination for Default. City may declare that Contractor is in default of the Contract
for a material breach of or inability to fully, promptly, or satisfactorily perform its
obligations under the Contract.
(A) Default. Events giving rise to a declaration of default include Contractor’s refusal
or failure to supply sufficient skilled workers, proper materials, or equipment to perform
the Work within the Contract Time; Contractor’s refusal or failure to make prompt
payment to its employees, Subcontractors, or suppliers or to correct defective Work or
damage; Contractor’s failure to comply with Laws, or orders of any public agency with
jurisdiction over the Project; evidence of Contractor’s bankruptcy, insolvency, or lack of
financial capacity to complete the Work as required within the Contract Time; suspension,
revocation, or expiration and nonrenewal of Contractor’s license or DIR registration ;
dissolution, liquidation, reorganization, or other major change in Contractor’s
organization, ownership, structure, or existence as a business entity; unauthorized
assignment of Contractor’s rights or duties under the Contract; or any material breach of
the Contract requirements.
(B) Notice of Default and Opportunity to Cure. Upon City’s declaration that
Contractor is in default due to a material breach of the Contract Documents, if City
determines that the default is curable, City will afford Contractor the opportunity to cure
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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 Contactor had timely completed Work without the
default and termination. In addition, City will have the right to immediate possession and
use of any materials, supplies, and equipment procured for the Project and located at the
Project site or any Worksite on City property for the purposes of completing the remaining
Work.
(E) Compensation. Within 30 days of receipt of updated as-builts, all warranties,
manuals, instructions, or other required documents for Work installed to date, and
delivery to City of all equipment and materials for the Project for which Contractor has
already been compensated, Contractor will be compensated for the Work satisfactorily
performed in compliance with the Contract Documents up to the effective date of the
termination pursuant to the terms of Article 8, Payment, subject to City’s rights to withhold
or deduct sums from payment otherwise due pursuant to Section 8.3, and excluding any
costs Contractor incurs as a result of the termination, including any cancellation or
restocking charges or fees due to third parties. If Contractor disputes the amount of
compensation determined by City, its sole recourse is to comply with the Claim
Procedures in Article 12, by submitting a Claim no later than 30 days following notice
from City of the total compensation to be paid by City.
(F) Wrongful Termination. If Contractor disputes the termination, its sole recourse
is to comply with the Claim procedures in Article 12. If a court of competent jurisdiction or
an arbitrator later determines that the termination for default was wrongful, the
termination will be deemed to be a termination for convenience, and Contractor’s
damages will be strictly limited to the compensation provided for termination for
convenience under Section 13.4, below. Contractor waives any claim for any other
damages for wrongful termination including special or consequential damages, lost
opportunity costs, or lost profits, and any award of damages is subject to Section 12.8,
Burden of Proof and Limitations.
13.4 Termination for Convenience. City reserves the right, acting in its sole discretion, to
terminate all or part of the Contract for convenience upon written notice to Contractor.
(A) Compensation to Contractor. In the event of City’s termination for
convenience, Contractor waives any claim for damages, including for loss of anticipated
profits from the Project. The following will constitute full and fair compensation to
Contractor, and Contractor will not be entitled to any additional claim or compensation:
(1) Completed Work. The value of its Work satisfactorily performed as of the
date notice of termination is received, based on Contractor’s schedule of values
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and unpaid costs for items delivered to the Project site that were fabricated for
incorporation in the Work;
(2) Demobilization. Demobilization costs specified in the schedule of values, or
if demobilizations cost were not provided in a schedule of values 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:
(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.
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(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 to the provisions of Article 8, based on the
portion of the Work satisfactorily completed, including the close out requirements, and
consistent with the previously submitted schedule of values and unit pricing, 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.
14.3 Waiver. City’s waiver of a breach, failure of any condition, or any right or remedy
contained in or granted by the provisions of the Contract Documents will not be effective
unless it is in writing and signed by City. City’s waiver of any breach, failure, right, or
remedy will not be deemed a waiver of any other breach, failure, right, or remedy,
whether or not similar, nor will any waiver constitute a continuing waiver unless specified
in writing by City.
14.4 Titles, Headings, and Groupings. The titles and headings used and the groupings of
provisions in the Contract Documents are for convenience only and may not be used in
the construction or interpretation of the Contract Documents or relied upon for any other
purpose.
14.5 Statutory and Regulatory References. With respect to any amendments to any
statutes or regulations referenced in these Contract Documents, the reference is deemed
to be the version in effect on the date that that bids were due.
14.6 Survival. The provisions that survive termination or expiration of this Contract include
Contract Section 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,
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Ownership, Section 4.2, Indemnity, Article 12, Dispute Resolution, and Section 11.2,
Warranty.
END OF GENERAL CONDITIONS
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Special Conditions
1. Authorized Work Days and Hours.
1.1 Authorized Work Days and Hours.
Weekdays, excluding holidays observed by the City: 7:00 a.m.-5:00 p.m.
Non-weekday work, including holidays, requires date specific authorization a
minimum of 2 working days prior to work. If authorized, the work hours are:
Saturday: 9:00 a.m.-5:00 p.m. Sunday: 9:00 a.m.-4:00 p.m.
1.2 Worker Arrival and Parking.
Workers may arrive at the Project site no earlier than 7:00 a.m.
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 5:00 p.m.
No equipment that has a safety backup beeper may be operated before 7:00a.m. on
any day.
2. Truck Restrictions. There are truck route restrictions per City of Cupertino Truck Traffic
Routes, Section 11.32 of the Cupertino Municipal Code
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 Staging plans that identify the sequence of the Work, including any phases and
alternative sequences or phases, with the goal of minimizing the impacts on
residents, businesses and other operations in the Project vicinity;
3.4 If required, traffic control plans associated with the staging plans that are signed
and stamped by a licensed traffic engineer;
3.5 Draft baseline schedule for the Work as required under Section 5.2, to be
finalized within ten days after City issues the Notice to Proceed;
3.6 Breakdown of lump sum bid items, to be used for determining the value of Work
completed for future progress payments to Contractor;
3.7 Schedule with list of Project submittals that require City review, and list of the
proposed material suppliers;
3.8 Plan for coordination with affected utility owner(s) and compliance with any
related permit requirements;
3.9 Videotape and photographs recording the conditions throughout the pre-
construction Project site, showing the existing improvements and current
condition of the curbs, gutters, sidewalks, signs, landscaping, streetlights,
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structures near the Project such as building faces, canopies, shades and fences,
and any other features within the Project area limits;
3.10 If requested by City, Contractor’s cash flow projections; and
3.11 Any other documents specified in the Special Conditions or Notice of Potential
Award.
4. Insurance Requirements. The insurance requirements under Section 4.3 of the
General Conditions are modified for this Contract, as set forth below. Except as expressly
stated below, all other provisions in Section 4.3 are unchanged and remain in full force
and effect.
4.1 Builders Risk Insurance Waived. The builder’s risk insurance policy
requirement set forth in subsection 4.3(A)(5) of the General Conditions is
hereby waived and does not apply to this Contract.
5. Construction Manager Role and Authority. TBD is the Construction Manager for this
Project. The Construction Manager will assist City in the management of the construction
of the Project. The Construction Manager may perform services in the areas of
supervision and coordination of the work of Contractor and/or other contractors,
scheduling the Work, monitoring the progress of the Work, providing City with evaluations
and recommendations concerning the quality of the Work, recommending the approval of
progress payments to Contractor, or other services for the Project in accordance with the
Construction Manager’s contract with City.
5.1 Communications. Contractor must submit all notices and communications
relating to the Work directly to the Construction Manager in writing, as follows:
TDB
With a copy to the Engineer:
Evelyn Moran
City of Cupertino Project Manager
evelynm@cupertino.org
(408) 777-1313
5.2 On-Site Management and Communication Procedures. The Construction
Manager will provide and maintain a management team on the Project site to
provide contract administration as an agent of City, and will establish and
implement coordination and communication procedures among City, the Design
Professional, Contractor, and others.
5.3 Contract Administration Procedures. The Construction Manager will establish
and implement procedures for reviewing and processing requests for
clarifications and interpretations of the Contract Documents, Shop Drawings,
samples, other submittals, schedule adjustments, Change Order proposals,
written proposals for substitutions, payment applications, and maintenance of
logs.
5.4 Pre-Construction Conference. Contractor will attend the pre-construction
conference, during which the Construction Manager will review the Contract
administration procedures and Project requirements.
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5.4 Pre-Construction Conference. Contractor will attend the pre-construction
conference, during which the Construction Manager will review the Contract
administration procedures and Project requirements.
5.5 Contractor’s Construction Schedule. The Construction Manager will review
Contractor’s construction schedules and will verify that each schedule is
prepared in accordance with the requirements of the Contract Documents.
6. Lines and Grades Verification
All Work must be done to the lines, grades, and elevations indicated on the Plans a nd
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 acceptabl e 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.
7. Notification of Residents, Schools and Businesses – The Contractor shall notify, in
writing, residents, businesses and schools within a 300 foot radius of project limits at a
minimum of two times prior to start of construction. The first notice shall be given to all
residents, businesses and schools within the project area five working days prior to
any construction operation. The second notice shall be given to residents, businesses
and schools two working days prior to any construction operation. Both notices shall
be in writing and submitted to the Engineer for review and approval. Sample notice is
below. Notices shall include the project name, describe the nature and duration of the
Contractor’s operations, and provide a toll-free telephone number or (408) area code
number at which a Contractor’s representative may be contacted 24 hour per day for
problems or emergencies encountered by residents and/or businesses. Answering
machines and voice mail shall not be permitted. Then notice will also contain the City’s
Construction Management contact information. A separate notice shall be given at least
two working days prior to any anticipated service/utility disruption or temporary closure
of access to any driveway. The notice shall indicate the duration of the disruption. The
Contractor shall submit a written request to the Engineer regarding the temporary
closure of access to any driveway. No driveway access shall be closed by the
Contractor at any time without prior written authorization from the Engineer. If
construction operations are delayed for any reason beyond the duration stipulated in the
notices, the Contractor shall re-issue written notices that explain the delay and provide a
revised schedule. All written notices to residents, schools, businesses, agencies, etc.
shall be submitted to the City for review and approval. Provide the City with a schedule
of the notification deliveries so that the City can confirm that the notification was
completed. Payment for compliance with this section shall be deemed included in the
various other items of work, and no additional compensation will be allowed therefore.
SAMPLE NOTICE:
NOTICE TO RESIDENTS / BUSINESS OWNERS
Date: [MONTH] [DAY], [YEAR]
Subject: [NAME OF PROJECT] – [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].
Regnart Rd Improvements Phase 1 2021 Form Special Conditions
Proj. No. 2019-08 Page 82
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]
8. Construction and Demolition Debris Management Plan
A completed construction and demolition (C&D) Debris Management Plan must
be submitted using the City’s Green Halo on-line application. All debris disposal and
recycling from the construction project must be tracked throughout the duration of
the project. The 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
9. Final Pay Item
Bid item whose quantity shown on the Bid Schedule is the quantity paid. For final pay
items, accept payment based on the Bid Schedule quantity regardless of the actual
quantity used.
END OF SPECIAL CONDITIONS
Techincal Specifications and Special Provisions
FOR USE IN CONNECTION WITH STATE OF CALIFORNIA,
DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS
DATED 2018, REVISED STANDARD SPECIFICATIONS DATED 04-17-
20 AND STANDARD PLANS DATED 2018
Regnart Rd Improvements Phase 1 Technical Specifications &
Proj. No. 2019-08 Special Provisions
ORGANIZATION
Special provisions are under headings that correspond with the main section headings of the Caltrans
Standard Specifications.
Each special provision begins with a revision clause that describes or introduces a revision to the
Standard Specifications as revised by any revised standard specification.
Any paragraph added or deleted by a revision clause does not change the paragraph numbering of the
Standard Specifications for any other reference.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION II GENERAL CONSTRUCTION
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^
12 TEMPORARY TRAFFIC CONTROL
Add to section 12-3.22:
Temporary railing (Type K) and temporary alternative crash cushions Type TL2 may be approved for use
provided a detailed submittal is provided, a certificate of compliance is submitted, and materials, installation
and maintenance is in accordance with Caltrans standards and manufacturer’s recommendations.
Replace the 2nd paragraph of section 12-
4.01A:
Submit the proposed traffic control plan to the City no less than seven (7) days before construction
begins.
If any traffic control changes are proposed, notify the City in writing before 5:00 P.M. of the Thursday
before the following week’s work is scheduled.
A minimum of one lane shall be kept open for public traffic at all times. The lane shall be a
minimum of eleven (11) feet in width.
Maintain access to driveways at all times. Limit driveway use. No driveway parking permitted for contractor
employee vehicles. Contractor shall designate a parking area for City review and written approval.
Personal vehicles of the Contractor’s employees shall not be parked on the traveled way at any time,
including any section closed to public traffic.
A minimum of one lane must be kept open for public traffic at all times .
Full Road closure is permitted on Regnart Road at the project site for periods not to exceed 10 minutes,
between 9:00 am and 12:00 pm and from 1:00 pm to 4:00 pm weekdays, to be approved by the City,
only for the following operations:
1. Placement and removal of temporary railing (Type K) and temporary crash cushions
2. Drilling holes for the piers/piles
3. Placement of reinforcement, steel, and concrete in the drilled holes
4. Tree Removal
Regnart Rd Improvements Phase 1 Technical Specifications &
Proj. No. 2019-08 Special Provisions
5. Placement of pavement
If road closure is necessary, get written approval from City. Contractor shall allow sufficient time for
review.
Replace Section 12-4.02B
with:
The temporary traffic control signals used at the project site shall include interconnected, single pole signals
with an overhead street light at each end of the project limits, generators to provide power with enough fuel
to maintain at least 14 hours of signal/light operation, and all other items needed for a fully functional
temporary signal system that will control two way traffic on the remaining single lane portion of the roadway
during construction.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^
DIVISION II GENERAL CONSTRUCTION
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
13 WATER POLUTION
CONTROL
Add betw een the 1st and 2nd paragraph of section 13-2.03:
By October 15 temporary erosion control features as are necessary to prevent damage during the
forthcoming winter season shall be constructed and functioning. If earthwork in any area has not
progressed to a point where all or part of the erosion control for that area can be constructed, the
Contractor shall construct such supplementary temporary erosion control facilities as are necessary to
protect adjacent private and public property.
1. The Contractor shall conduct their operations in such a manner that storm runoff will be contained
within the project or channeled into the storm drain system which serves the runoff area with no increased
turbidity to the watershed.
2. Mud and silt shall be settled out of the storm runoff before the runoff enters the storm drain system.
3. Contour graded areas shall be protected against erosion and the resulting siltation of downstream
facilities. Temporary measures shall prevent increased turbidity and may include, but shall not be limited
to, filter fabric fences to filter silt and sediment from runoff.
4. The Contractor shall place and maintain erosion control features in accordance with the project
plans, California Fish and Wildlife Permit and required BMPs.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
14 ENVIRONMENTAL STEWARDSHIP
Add to section 14-1.08 Environmental permits
Contractor shall follow all stipulations included in all environmental permits obtained by the City of Cupertino
and the City’s consultants. Contractor shall acknowledge and adhere to all permit conditions.
Regnart Rd Improvements Phase 1 Technical Specifications &
Proj. No. 2019-08 Special Provisions
Contractor shall adhere to the work period within the stream banks and riparian corridor that shall be
restricted to the period of April 15 to October 15. Riparian restoration plantings and seeding work using
hand tools is not confined to this time period but shall be completed within the wet season the same year
following completion of the Project per CDFW permit requirements
Add to section 14-8.02:
Said noise level requirement shall apply to all equipment on the job or related to the job, including but not
limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor.
The use of loud sound signals shall be avoided in favor of light warnings except those required by safety
laws for the protection of personnel. Noise shall comply with provisions of Cupertino Municipal Code
Section 10.48.053(A). Non construction noise is not allowed, this includes amplified music, radio or other
noise not due to construction activities.
As required by the Cupertino Municipal Code, construction activities shall only take place during daytime
hours of 7:00 AM and 5:00 PM on weekdays. Grading activities and underground utility work that occur
within 750 feet of a residential area shall not occur on Saturdays, Sundays, holidays, or during the
nighttime period, consistent with the provisions of Municipal Code Section 1 0.48.053(B)
Replace item 1 in the list in the 1st paragraph of section 14-11.02
w ith:
1. You reasonably believe the substance is asbestos as defined in Labor Code § 6501.7 or a
hazardous substance as defined in Health & Safety Code § 25117, § 25316 and § 25317.
Add after the 2nd paragraph of section 14-11.12A:
This project may include removal of yellow painted traffic stripe that would produce hazardous waste
residue.
Add after the 1st paragraph of 14-11.12E:
After the City accepts the analytical test results, dispose of yellow thermoplastic and yellow paint
hazardous waste residue at a Class 1 disposal facility located in California 30 days after accumulating 220
lb of residue.
If less than 220 lb of hazardous waste residue and dust is generated in total, dispose of it within 30 days
after the start of accumulation of the residue.
Add section 14-12.04:
14-12.04 NESTING BIRD AVOIDANCE AND MINIMIZATION MEASURES
Nesting bird avoidance and minimization measures shall be in accordance with all environmental
permitting requirements.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION III EARTHWORK AND LANDSCAPE
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^
17 GENERAL
Regnart Rd Improvements Phase 1 Technical Specifications &
Proj. No. 2019-08 Special Provisions
Replace section 17-2.02:
Vegetation debris may be chopped or chipped and broadcasted in the immediate area or stockpiled for
distribution, otherwise it must be taken to an appropriately licensed/permitted landfill or waste facility. All
other debris including but not limited to: construction and demolition debris; household items, exposed
sandbags, sand, mud, silt, gravel, rocks, boulders, vehicle wreckage, and hazardous materials including
electrical transformers must be taken to an appropriately licensed /permitted landfill, permitted by the City
of Cupertino Greenhalo software, waste facility or spoil site. Temporary stockpiles are to be placed on pre-
disturbed areas or on hard surfaces. New temporary staging areas and final non-licensed/permitted sites
must obtain the approval licenses or permits prior to use.
Replace 3rd and 4th paragraph in section 17-2.03A
w ith:
Vegetation shall be cleared and grubbed only within the excavation lines and areas disturbed by
the Contractors construction activities as shown on the contract plans and as described in the
following paragraph.
Only designated trees indicated on the plans shall be removed. If additional trees are required to
be removed to enable construction work, the Contractor shall first obtain prior written approval
from the City.
All existing vegetation outside the areas to be cleared and grubbed shall be protected from injury or
damage resulting from the Contractor's operations.
Add to section 17-2.03B:
The cleared areas shall be free debris and the ground surface re-graded to a smooth surface and treated
with erosion control measures.
Objectionable material shall include trees, vegetation, concrete, masonry, debris, minor
demolitions, removals, and abandonments as delineated on the plans or as directed by the Field
Engineer.
Add to section 17-2.04:
All removed objectionable materials, vegetation, trees, stumps and slash shall become the property of
the Contractor and shall be removed and disposed of at the Contractor’s expense unless otherwise
authorized in writing by the City.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
19 EARTHWORK
Add to section 19-1.01A:
Earthwork shall be performed in conformance with the Standard Specifications and the Geotechnical
Investigation report prepared by Cotton, Shires and Associates, Inc. The report is available at the City of
Cupertino Department of Public Works. Notify the Geotechnical Engineer at least 5 working days before
site clearing and earthwork.
Add between the 8th and 9th paragraphs of section 19-2.03G:
Roughen excavation slopes and flat surfaces to receive erosion control
materials by scarifying to a depth of 6 inches.
Regnart Rd Improvements Phase 1 Technical Specifications &
Proj. No. 2019-08 Special Provisions
Delete the 1st paragraph of section 19-
3.03B(2).
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
21 EROSION CONTROL
Add to section 21-2.02F:
Seed mix design must comply with the requirements shown in the following table or alternative as
approved by the City;
Native Grass and Forb Mix to be used in Revegetation of Disturbed Soils1
Seed Application Rate (lbs PLS/acre)2 Scientific Name1 Common Name
4 lbs Elymus glaucus Blue Wild rye
1 lb Eschscholzia californica California Poppy
6 lbs Festuca microstachys Small Fescue
10 lbs Hordeum vulgare (sterile) Meadow Barley
1 lb Lupinus bicolor Annual lupine
22 lbs PLS/acre TOTAL
1Names derived from the Jepson Manual (Baldwin et al. 2012)
2PLS (pure live seed) = the proportion of total seed that is pure and viable. To find the total weight of raw
seed needed
to achieve the application rate in the table, find %PLS as follows: [(% purity of seed lot) (% germination
rate of
species)/100]. Then divide the application rate in the table (pounds) by the %PLS (expressed as a
decimal) to find total
Add to section 21-2.02P:
Straw for fiber roll must be certified weed free under the Department of Food and Agriculture.
Replace the 1st paragraph in section 21-2.03B:
Upon completion of the earthwork, all exposed soil areas disturbed during constru ction, spread mulch to a
uniform 2” thickness over seeding. Apply mulch to the edge of the shoulder backing. When shoulder
backing is absent, do not apply within 3 feet of the edge of pavement.
Add to section 21-2.03D:
Seeding shall occur following all site work and when the seedbed has been prepared. Seeding shall
occur prior to October 15th.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION IV SUBBASES AND BASES
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
26 AGGREGATE BASES
Replace 1st sentence in section 26-1.02B:
The aggregate gradations must be within the percentage passing limits for 3/4" maximum and Class II as
shown in the following table:
Regnart Rd Improvements Phase 1 Technical Specifications &
Proj. No. 2019-08 Special Provisions
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION V SURFACINGS AND PAVEMENTS
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
39 ASPHALT CONCRETE
Add to section 39-
2.01C(1):
Care shall be taken to avoid tracking asphalt materials onto existing finished surfaces. The Contractor
shall clean up any asphalt tracked surfaces using the methods to be approved in writing by the City.
Replace the 2nd and 3rd paragraphs in section 39-2.01D
with:
Payment for tack coat is included in the payment for hot mix asphalt.
Replace 1st paragraph in section 39-2.02B(3) with:
The grade of asphalt binder for Type A HMA must be PG 64-10. The amount of binder to be mixed with
the aggregate shall be between 4 percent and 7 percent by weight of the dry aggregate, as determined
by the Design Engineer.
Asphalt Concrete shall conform to City of Cupertino standard practice.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION VI STRUCTURES
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
48 TEMPORARY STRUCTURES
Add to the end of section 48-2.01A:
Temporary shoring shall be the sole responsibility of the Contractor. The contract drawings and
specifications represent the finished structure and do not indicate methods, procedures or
sequence of construction.
Replace the 2nd paragraph of section 48-2.01C(2) with:
Submit a shoring plan prior to implementation of temporary shoring systems. The shoring plan shall
include design drawings and calculations signed and sealed by a civil or structural engineer currently
licensed in the state of California. The temporary shoring system shall not be furnished until the final
design has been reviewed and approved in writing by the Design Engineer.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
49 PILING
Add to section 49-1.03:
The drilled holes shall be accurately located and shall be straight and true to within 1% of vertical.
Regnart Rd Improvements Phase 1 Technical Specifications &
Proj. No. 2019-08 Special Provisions
Drilling mud, synthetic or mineral slurry, or chemical stabilizers shall not be used. Surface water shall
not be permitted to enter the hole and all water in the hole shall be removed before placing concrete
therein.
If casing is used for drilling operations, it shall be removed from the hole as concrete backfill is placed
therein. Unless otherwise authorized by the Design Engineer, the bottom of the casing shall be
maintained not more than 60 inches nor less than 12 inches below the top of the concrete during casing
withdrawal and concrete placing operations.
Piles shall be constructed in accordance with the Plans, 2018 Caltrans Standard Specifications and the
2020 Geotechnical report prepared by Cotton, Shires and Associates, Inc. The report is available at the
City of Cupertino Department of Public Works.
Shaft construction must be observed and approved by the Geotechnical Engineer. Allow at least 10 days
between giving notice and starting drilling.
Expect difficult pile installation at Regnart Road Sites 1&2 due to the presence of the following conditions:
1. Hard rock
2. Ground water
3. Limited staging area
4. Overhead high voltage lines
Replace 1st paragraph of Section 49-2.03B with:
Steel soldier piles shall be ASTM A572/A572M Grade 50, ASTM A709/A709M, or ASTM A992/A992M.
Replace section 49-4.03A with:
Concrete must have a minimum 28 day compressive strength of 4,000 psi.
Clean and apply undercoats per section 59-2 of the Standard Specifications before delivering steel
soldier piles to the project site.
Replace the 1st paragraph of section 49-4.03C with:
When the steel soldier piles are plumbed and aligned, they shall be at least 3 inches clear of the sides of
the hole for the full length of the hole to be filled with concrete backfill. Holes which do not provide the
clearance around steel soldier piles shall be reamed or enlarged at the Contractor's expense. The bottom
tip of the steel soldier piles shall have a minimum of 3 inches and a maximum of 6” of concrete footing
between the tip and bottom of drilled pile hole.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
51 CONCRETE STRUCTURES
Remove the 2nd paragraph of section 51-4.03F.
Add to the end of section 51-4.03F:
½”x4 ½”x18” High Density Polyethylene (HDPE) shims shall be installed between ends of lagging
members and secured with 3/16”x1 ¼” hot dipped galvanized concrete screws.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
59 STRUCTURAL STEEL COATINGS
Regnart Rd Improvements Phase 1 Technical Specifications &
Proj. No. 2019-08 Special Provisions
Replace the 2nd paragraph in section 59-1.01D with:
Measure coating adhesion strength with a self-aligning adhesion tester under ASTM D4541, Test
Method D, E, or F and Protocol 2 and Contractor shall submit certificate to the City.
Replace the 2nd paragraph of section 59-1.02C w ith:
Coatings selected for use must comply with the volatile organic compound concentration limits
specified for the air quality district where the coating is applied. The undercoats and finish or final coats
selected for use must be compatible with each other.
Add to section 59-2.01A(1):
Clean and paint the new steel soldier piles shown in the following table with the coating system
specified:
Soldier Pile Wall
Work description
Coating system
Regnart Road Sites 1&2
Clean, blast clean, and paint
portions of new steel soldier
piles.
Zinc (undercoat)
Color No. 10080 of
FED STD-595 (Finish
Coats) - brown
Add to section 59-2.01A(3)(a):
Submit documentation from the coating manufacturer verifying the compatibility of the undercoats and
finish or final coats selected for use.
Replace Reserved in section 59-2.01A(3)(b) with:
Submit proof of each required SSPC-QP certification as specified in section 8-1.04C. Required
certifications are:
1. SSPC-QP 1
Instead of submitting proof of SSPC-QP 1 certification, you may submit documentation with
your painting quality work plan showing compliance with the requirements in section 3 of
SSPC-QP 1. Regardless of the option you select, submit proof of CAS certifications as
specified in section 59-2.01A(3)(c).
Add before the 1st paragraph of section 59-
2.01A(3)(c):
No cleaning or painting shall be performed on structural steel until the City’s Inspector has
reviewed the Painting Quality Work Plan (PQWP). This applies to work in the shop and in the
field. The City’s Inspector inspects all structural steel coatings. Allow at least 10 days between
giving notice and starting cleaning or painting of structural steel.
Replace 5th paragraph of section 59-
2.01C(4)(b)(iv) with:
The 1st finish coat color must match color no. 10080 of FED-STD-595. The 2nd finish coat
color must match color no. 10080 of FED-STD-595.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION VII DRAINAGE FACILITIES
Regnart Rd Improvements Phase 1 Technical Specifications &
Proj. No. 2019-08 Special Provisions
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
68 SUBSURFACE DRAINS
Add between the 1st and 2nd paragraph of section 68-2.01A:
Subsurface drains shall be constructed in conformance with the 2020 Geotechnical report prepared by
Cotton, Shires and Associates, Inc. The report is available at the City of Cupertino Department of Public
Works.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION IX TRAFFIC CONTROL DEVICES
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
83 RAILINGS AND BARRIERS
Replace Item 1 in the list of Section 83-2.02C(1)(a) with:
1. Steel line posts.
Replace Section 83-2.042B(2) Materials:
Alternative in-line terminal systems must be the following or Design Engineer -approved equal:
1. Type SKT-SP-MGS (Steel Post) (TL-2) 31” Guard Rail Terminal, 25’ long, by Road Systems Inc, Big
Springs Texas.
2. ET-31 Plus System (Steel Post) (TL-2) by Trinity Highway Products
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION XI MATERIALS
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
96 GEOSYNTHETICS
Add to section 96-1.02B:
Filter fabric for behind the lagging must be Class A.
Replace section 96-1.02C with:
96-1.02C Geocomposite Wall Drain
Geocomposite wall drain must be Mirafi G200N Drainage Composite or approved equal.
Geocomposite wall drain must consist of a polymeric core with filter fabric integrally bonded to one or both
sides of the core creating a stable drainage void.
Filter fabric must comply with section 96-1.02B.
Regnart Rd Improvements Phase 1 Technical Specifications &
Proj. No. 2019-08 Special Provisions
Geocomposite wall drain must be from 0.4 to 2 inches thick.
Geocomposite wall drain must comply with the requirements shown in the following table:
Geocomposite Wall Drain
Quality characteristic Test method Requirement
Thickness ASTM D1777 Min 0.4” max 2.0”
Compressive strength ASTM D1621 18,000 psf
Maximum Flow rate
gradient = 1.0,
Normal stress = 3,000 psf
ASTM D4716 21 gal/min/ft
Permittivity D4491 1.7 sec-1 min roll value
Flow Rate D4491 135 gal/min/ft2 min roll
value
Nonwoven Filter Fabric:
Grab tensile strength ASTM D4632 Min ave roll value 120 lbs
CBR Puncture strength ASTM D6241 Min ave roll value 310 lbs
Apparent Opening Size (AOS) D4751 Min ave roll value
U.S. Sieve 70
END OF TECHNICAL SPECIFICATIONS AND SPECIAL PROVISIONS
Attachment A - Geotechnical Report, Appendix A & B
For Reference Only
Page 21
COTTON, SHIRES AND ASSOCIATES, INC.
APPENDIX A – FIELD INVESTIGATION
Logs of Small-Diameter Boreholes
COTTON, SHIRES AND ASSOCIATES, INC.
LOG OF EXPLORATORY DRILLING
Project
Location
Drilling Contractor/Rig
Ground Surface Elev.
Surface
Logged By
Boring
Project No.
Date of Drilling
Hole Diameter
Weather
Remarks
De
p
t
h
(f
e
e
t
)
Gr
a
p
h
i
c
Lo
g
US
C
S
Cl
a
s
s
.
Sheet 1 of 2
HIRES AND ASSOCIATES, INC.SC
CONSULTING ENGINEERS AND GEOLOGISTS
OTTON,
Geotechnical Description
Sa
m
p
l
e
De
s
i
g
.
Mo
i
s
t
u
r
e
Co
n
t
e
n
t
(
%
)
SP
T
Bl
o
w
s
/
f
t
Sa
m
p
l
e
Ty
p
e
Re
c
o
v
.
(%
)
TRH
Dr
y
U
n
i
t
We
i
g
h
t
(
p
c
f
)
CSA / B-1Regnart Road
G5048
12/20/2018
Driller: Paul Britton
Helpers: Sergio + Dave
Start Time = 09:10
Britton Exploration / CME 550 Tracked Rig
8" HSA
Asphalt road Sunny, Clear
1
2
3
4
5
6
7
8
9
10
11
12
13
14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
11
17
15
MC
T-1
T-2
7
5
5
MC
T-3
T-4
5
7
4
MCT-5
T-6
7
12
15
MCT-7
T-8
5
4
3
MCT-9
T-10
Af
0.0'-4.0': ARTIFICIAL FILL
3.0'-4.0' Silty Sand - Dark brown, medium
dense,
SM
5" AC
Af - Gravelly Silty Sand - Gray-brown,
medium dense, dry
S
a
n
d
s
t
o
n
e
(
S
M
)
6.5'-20.0': WEATHERED SANTA
CLARA QTsc
6.5'-11.0' Silty Sandstone - Dark brown,
medium dense, rootlets, oxidized
11.0'-15.0' Claystone - Dark brown, soft,
moist, high plasticity, oxidized, soil-likeC
l
a
y
s
t
o
n
e
SM
4.0'-6.5': COLLUVIUM Qc
4.0'-6.5' Silty Sand - Dark brown, loose
SM
STN 29 + 65
105 11.5
88 18.0
22
7
8
18
5
504.5'
Project Boring
Remarks
De
p
t
h
(f
e
e
t
)
Gr
a
p
h
i
c
Lo
g
US
C
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s
.
Sheet 2 of 2
Date
HIRES AND ASSOCIATES, INC.SC
CONSULTING ENGINEERS AND GEOLOGISTS
OTTON,
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Geotechnical Description
Sa
m
p
l
e
De
s
i
g
.
Mo
i
s
t
u
r
e
Co
n
t
e
n
t
(
%
)
SP
T
Bl
o
w
s
/
f
t
Sa
m
p
l
e
Ty
p
e
Re
c
o
v
.
(%
)
Dr
y
U
n
i
t
We
i
g
h
t
(
p
c
f
)
CSA / B-1
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
12/20/2018
Finished sampling
@ 10:15
Regnart Road / G5048
2
4
6
MCT-11
T-12
8
17
18
MC
T-13
T-14
16
43
50/4
MC
T-15
T-16
15
50/6
MC
T-17
T-18
Total Depth = 31.0'
No GW Encountered
20.0'-BOH: SANTA CLARA QTsc
15.0'-20.0' Weathered Claystone -
Blue-gray, wet, weak, oxidized
20.0'-BOH Claystone - Gray, weak, friable,
interbedded brown silt, slight oxidation
--Silty with fine sand
--Dusky brown, black
85 37.1 TX/CU Ø'=38.7°
7
24
63/10"
34/6"
C
l
a
y
s
t
o
n
e
C
l
a
y
s
t
o
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e
(
C
H
)
COTTON, SHIRES AND ASSOCIATES, INC.
LOG OF EXPLORATORY DRILLING
Project
Location
Drilling Contractor/Rig
Ground Surface Elev.
Surface
Logged By
Boring
Project No.
Date of Drilling
Hole Diameter
Weather
Remarks
De
p
t
h
(f
e
e
t
)
Gr
a
p
h
i
c
Lo
g
US
C
S
Cl
a
s
s
.
Sheet 1 of 2
HIRES AND ASSOCIATES, INC.SC
CONSULTING ENGINEERS AND GEOLOGISTS
OTTON,
Geotechnical Description
Sa
m
p
l
e
De
s
i
g
.
Mo
i
s
t
u
r
e
Co
n
t
e
n
t
(
%
)
SP
T
Bl
o
w
s
/
f
t
Sa
m
p
l
e
Ty
p
e
Re
c
o
v
.
(%
)
TRH
Dr
y
U
n
i
t
We
i
g
h
t
(
p
c
f
)
CSA / B-2Regnart Road
G5048
12/20/2018
Driller: Paul Britton
Helpers: Sergio + Dave
Start Time = 10:35
Britton Exploration / CME 550 Tracked Rig
8" HSA
Asphalt road Sunny, Clear
1
2
3
4
5
6
7
8
9
10
11
12
13
14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
13
22
18
MC
T-1
T-2
11
18
19
MCT-3
T-4
7
10
14
MCT-5
T-6
8
10
24
MCT-7
T-8
Af
0.0'-4.0': ARTIFICIAL FILL
SM
5" AC
Af - Gravelly Silty Sand - Tan-brown,
medium dense, dry
4.0'-7.5' Silty Sand - Brown, medium dense,
dry
4.0'-7.5': COLLUVIUM
7.5'-10.5' Sandy Siltstone - Tan-brown, stiff,
moist, oxidized
SM
10.5'-15.0' Silty Sandy Claystone -
Dark-brown, stiff, moist, oxidized
7.5'-15.0': WEATHERED SANTA
CLARA QTsc
STN 29 + 15
111 10.3
110 10.9
27
25
16
23
S
i
l
t
s
t
o
n
e
(
M
L
)
C
l
a
y
s
t
o
n
e
(
C
L
)
499.0'
Project Boring
Remarks
De
p
t
h
(f
e
e
t
)
Gr
a
p
h
i
c
Lo
g
US
C
S
Cl
a
s
s
.
Sheet 2 of 2
Date
HIRES AND ASSOCIATES, INC.SC
CONSULTING ENGINEERS AND GEOLOGISTS
OTTON,
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Geotechnical Description
Sa
m
p
l
e
De
s
i
g
.
Mo
i
s
t
u
r
e
Co
n
t
e
n
t
(
%
)
SP
T
Bl
o
w
s
/
f
t
Sa
m
p
l
e
Ty
p
e
Re
c
o
v
.
(%
)
Dr
y
U
n
i
t
We
i
g
h
t
(
p
c
f
)
CSA / B-2
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
12/20/2018
Finished sampling
@ 11:35
Regnart Road / G5048
25
50/6
MC
T-9
15
28
50/3
MC
T-10
T-11
50/5 MCT-12
Total Depth = 25.5'
GW @19' BGS
15.0'-20.0' Silty Sandstone - Olive-gray,
very dense, moist, unoxidized
20.0'-BOH Weathered Claystone - Dark
gray, weak, friable
15.0'-BOH: SANTA CLARA QTsc
123 12.4
91 32.4 TX/CU Ø'=32.3°
34/6"
53/9"
34/5"
S
i
l
t
s
t
o
n
e
(
S
M
)
C
l
a
y
s
t
o
n
e
COTTON, SHIRES AND ASSOCIATES, INC.
LOG OF EXPLORATORY DRILLING
Project
Location
Drilling Contractor/Rig
Ground Surface Elev.
Surface
Logged By
Boring
Project No.
Date of Drilling
Hole Diameter
Weather
Remarks
De
p
t
h
(f
e
e
t
)
Gr
a
p
h
i
c
Lo
g
US
C
S
Cl
a
s
s
.
Sheet 1 of 2
HIRES AND ASSOCIATES, INC.SC
CONSULTING ENGINEERS AND GEOLOGISTS
OTTON,
Geotechnical Description
Sa
m
p
l
e
De
s
i
g
.
Mo
i
s
t
u
r
e
Co
n
t
e
n
t
(
%
)
SP
T
Bl
o
w
s
/
f
t
Sa
m
p
l
e
Ty
p
e
Re
c
o
v
.
(%
)
TRH
Dr
y
U
n
i
t
We
i
g
h
t
(
p
c
f
)
CSA / B-3Regnart Road
G5048
12/20/2018
Driller: Paul Britton
Helpers: Sergio + Dave
Start Time = 11:57
Britton Exploration / CME 550 Tracked Rig
8" HSA
Asphalt road Sunny, Clear
1
2
3
4
5
6
7
8
9
10
11
12
13
14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
4
9
9
MCT-1
T-2
4
5
9
MCT-3
T-4
2
3
3
MCT-5
T-6
3
5
7
MCT-7
T-8
Af
0.0'-4.0': ARTIFICIAL FILL
SM
5" AC
Af - Silty Gravelly Sand - Tan-brown, loose,
dry
4.0'-7.0' Silty Sandy Clay - Dark-brown, stiff,
dry to moist
4.0'-10.5': COLLUVIUMCL
--Clay layer
SM Silty Sand - Brown, medium dense, dry,
trace gravels, rootlets
CL
SC 7.0'-10.5' Clayey Sand - Brown, very loose,
wet, high plasticity
--Blue-gray, rootlets
10.5'-15.0' Highly Weathered Claystone -
Blue-gray, medium stiff
10.5'-15.0': WEATHERED SANTA
CLARA QTsc
STN 28 + 78
LL=40, PI=20
Sieve: 1.9% Gravel,
36.6% Sand, 33.1% Silt,
28.4% Clay
LL=45, PI=25
Sieve: 10.8% Gravel,
41.2% Sand, 23.0% Silt,
24.8% Clay
12
10
4
8
110 8.7
105 17.7
101 24.6
C
l
a
y
s
t
o
n
e
(
C
L
)
495.1'
Project Boring
Remarks
De
p
t
h
(f
e
e
t
)
Gr
a
p
h
i
c
Lo
g
US
C
S
Cl
a
s
s
.
Sheet 2 of 2
Date
HIRES AND ASSOCIATES, INC.SC
CONSULTING ENGINEERS AND GEOLOGISTS
OTTON,
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Geotechnical Description
Sa
m
p
l
e
De
s
i
g
.
Mo
i
s
t
u
r
e
Co
n
t
e
n
t
(
%
)
SP
T
Bl
o
w
s
/
f
t
Sa
m
p
l
e
Ty
p
e
Re
c
o
v
.
(%
)
Dr
y
U
n
i
t
We
i
g
h
t
(
p
c
f
)
CSA / B-3
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
12/20/2018
Finished sampling
@ 12:49
Regnart Road / G5048
10
30
50/6
MCT-9
T-10
50/5
50/5
MCT-11
SPT-1 SPT
Total Depth = 21.0'
GW @ 19' BGS
15.0'-20.0' Claystone - Blue-gray,
unweathered, unoxidized
--Gravelly, very dense, saturated
15.0'-BOH: SANTA CLARA QTsc
117 16.3
C
l
a
y
s
t
o
n
e
54
50/5"
Page 22
COTTON, SHIRES AND ASSOCIATES, INC.
APPENDIX B - LABORATORY TEST RESULTS
Grain Size Determination
Atterberg Limits
Triaxial Compression Tests
(X=NO)PERCENTFINERSIZE
PASS?SPEC.*PERCENTSIEVE
Project No:
Project:
Client:
Elev./Depth:Location:
Date:Source of Sample:Sample No.:
Remarks
Classification
Coefficients
Atterberg Limits
Soil Description
*
AASHTO=USCS=
Cc=Cu=
D10=D15=D30=
D50=D60=D85=
PI=LL=PL=
Particle Size Distribution Report
10
20
30
40
50
60
70
80
90
0
100
PE
R
C
E
N
T
F
I
N
E
R
100 10 1 0.1 0.01 0.001500
GRAIN SIZE - mm
% COBBLES % GRAVEL % SAND % SILT % CLAY
6
i
n
.
3
i
n
.
2
i
n
.
1-
1
/
2
i
n
.
1
i
n
.
3/
4
i
n
.
1/
2
i
n
.
3/
8
i
n
.
#4 #1
0
#2
0
#3
0
#4
0
#6
0
#1
0
0
#1
4
0
#2
0
0
0.0 1.9 36.6 33.1 28.4
Figure026-688
Regnart Rd - G5048
Cotton, Shires & Associates
4.5-5'
2/20/19B-3T-3
CL
0.0025
0.02800.06730.565
204020
Olive Brown Sandy Lean CLAY
(no specification provided)
COOPER TESTING LABORATORY
100.0
98.1
92.4
85.4
82.9
79.6
70.7
61.5
56.8
50.9
47.2
43.4
40.4
37.5
34.7
31.6
29.1
25.1
3/8 in.
#4
#10
#30
#40
#50
#100
#200
#270
0.0309 mm.
0.0199 mm.
0.0117 mm.
0.0084 mm.
0.0060 mm.
0.0043 mm.
0.0030 mm.
0.0022 mm.
0.0013 mm.
(X=NO)PERCENTFINERSIZE
PASS?SPEC.*PERCENTSIEVE
Project No:
Project:
Client:
Elev./Depth:Location:
Date:Source of Sample:Sample No.:
Remarks
Classification
Coefficients
Atterberg Limits
Soil Description
*
AASHTO=USCS=
Cc=Cu=
D10=D15=D30=
D50=D60=D85=
PI=LL=PL=
Particle Size Distribution Report
10
20
30
40
50
60
70
80
90
0
100
PE
R
C
E
N
T
F
I
N
E
R
100 10 1 0.1 0.01 0.001500
GRAIN SIZE - mm
% COBBLES % GRAVEL % SAND % SILT % CLAY
6
i
n
.
3
i
n
.
2
i
n
.
1-
1
/
2
i
n
.
1
i
n
.
3/
4
i
n
.
1/
2
i
n
.
3/
8
i
n
.
#4 #1
0
#2
0
#3
0
#4
0
#6
0
#1
0
0
#1
4
0
#2
0
0
0.0 10.8 41.4 23.0 24.8
Figure026-688
Regnart Rd - G5048
Cotton, Shires & Associates
7.5-8'
2/20/18B-3T-5
SC
0.0053
0.08900.1822.96
254520
Olive Brown Lean Clayey SAND
(no specification provided)
COOPER TESTING LABORATORY
100.0
93.2
89.2
81.3
73.9
71.1
67.3
57.1
47.8
43.9
41.3
37.5
35.1
32.7
30.6
29.3
28.2
25.4
22.8
3/4 in.
3/8 in.
#4
#10
#30
#40
#50
#100
#200
#270
0.0310 mm.
0.0200 mm.
0.0117 mm.
0.0084 mm.
0.0060 mm.
0.0043 mm.
0.0030 mm.
0.0022 mm.
0.0013 mm.
Project:
Remarks:Client:Project No.
%<#200%<#40PIPLLLMATERIAL DESCRIPTION
LIQUID AND PLASTIC LIMITS TEST REPORT
Source: B-3 Sample No.: T-3 Elev./Depth: 4.5-5'
Figure
LIQUID AND PLASTIC LIMITS TEST REPORT
COOPER TESTING LABORATORY
USCS
Cotton, Shires & Associates026-688
CL61.582.9202040Olive Brown Sandy Lean CLAY
Regnart Rd - G5048
Source: B-3 Sample No.: T-5 Elev./Depth: 7.5-8'
SC47.871.1252045Olive Brown Lean Clayey SAND
5 10 20 25 30 4032
36
40
44
48
52
NUMBER OF BLOWS
WA
T
E
R
C
O
N
T
E
N
T
10 30 50 70 90 110
LIQUID LIMIT
10
20
30
40
50
60
PL
A
S
T
I
C
I
T
Y
I
N
D
E
X
4
7 CL-ML
C L o r O L
C H o r O H
ML or OL MH or OH
Dashed line indicates the approximate
upper limit boundary for natural soils
Specimen 1 2 3 4
Boring B-1
Sample T-12
Depth 16-16.5
Visual
Description
OLIve Brown CLAY
(Silty) w/ Claystone
fragments
MC (%)37.1
Dry Density (pcf)85.2
Saturation (%)98.9
Void Ratio 1.051
Diameter (in)2.42
Height (in)5.03
MC (%)35.9
Dry Density (pcf)87.2
CTL Number:Saturation (%)100.0
Client Name:Void Ratio 1.005
Project Name:Diameter (in)2.41
Project Number:Height (in)4.97
Date:2/4/2019 By:MD/DC Cell Pressure (psi)87.1
Total C 0.000 ksf Back Pressure (psi)69.7
Total phi 23.4 degrees
Eff. C 0.000 ksf Strain (%)5.0
Eff. Phi 38.7 degrees ©Deviator (ksf)2.929
Excess PP (psi)10.2
Sigma 1 (ksf)3.970
Sigma 3 (ksf)1.040
P (ksf)2.505
Q (ksf)1.465
Stress Ratio 3.815
Rate (in/min)0.0004
Consolidated Undrained Triaxial Compression with Pore Pressure
ASTM D4767
Regnart Rd
G5048
Final
Effective Stresses At:
026-688
Cotton, Shires & Associates
0
5
10
15
051015202530
Sh
e
a
r
S
t
r
e
s
s
,
k
s
f
Normal Stress, ksf
Total Tangent
Effective Tangent
0
500
1000
1500
2000
2500
3000
3500
4000
0510152025
De
v
i
a
t
o
r
S
t
r
e
s
s
,
p
s
f
Strain, %
Stress-Strain Response
Specimen 1
Specimen 2
Specimen 3
Specimen 4
Specimen 1 2 3 4
Boring B-2
Sample T-11
Depth 20.5-21
Visual
Description
Very Dark Gray
CLAY
MC (%)32.4
Dry Density (pcf)91.3
Saturation (%)99.2
Void Ratio 0.914
Diameter (in)2.41
Height (in)5.02
MC (%)34.4
Dry Density (pcf)89.1
CTL Number:Saturation (%)100.0
Client Name:Void Ratio 0.963
Project Name:Diameter (in)2.44
Project Number:Height (in)4.99
Date:2/4/2019 By:MD/DC Cell Pressure (psi)97.7
Total C 0.000 ksf Back Pressure (psi)69.4
Total phi 22.6 degrees
Eff. C 0.000 ksf Strain (%)5.0
Eff. Phi 32.3 degrees ©Deviator (ksf)4.950
Excess PP (psi)12.4
Sigma 1 (ksf)7.225
Sigma 3 (ksf)2.275
P (ksf)4.750
Q (ksf)2.475
Stress Ratio 3.176
Rate (in/min)0.0004
G5048
Final
Effective Stresses At:
026-688
Cotton, Shires & Associates
Regnart Rd
Consolidated Undrained Triaxial Compression with Pore Pressure
ASTM D4767
0
5
10
15
051015202530
Sh
e
a
r
S
t
r
e
s
s
,
k
s
f
Normal Stress, ksf
Total Tangent
Effective Tangent
0
1000
2000
3000
4000
5000
6000
7000
8000
9000
10000
0510152025
De
v
i
a
t
o
r
S
t
r
e
s
s
,
p
s
f
Strain, %
Stress-Strain Response
Specimen 1
Specimen 2
Specimen 3
Specimen 4
Attachment B – California Department of Fish and Wildlife Permit Conditions
For Reference Only
Measure Number Measure Name Requirement Responsibility
1.1.1 and 1.1.2
Documentation at Project Site LSAA Agreement, extensions and amendments to the Agreement, and all related notification
materials and CEQA documents must be readily available at the Project site at all times and
copies of the Agreement must be distributed to all persons working on the Project at the Project
site.
Contractor
1.1.5
Notification of Commencement
and Completion of Work
Permittee shall notify CDFW within 5 working days of beginning work and within 5 working
days of completion of work for each construction season covered in the Agreement.
WRA
2.2.1 Work Period
Work within the stream banks and riparian corridor is restricted to April 15 - October 15.
Riparian restoration plantings and seeding work using hand tools do not fall in this restriction,
but must be completed within the wet season the same year following completion of the
Project. (Plantings may be postponed until February 28 of the year immediately following
impacts if there is insufficient rain prior to December 31)
Contractor
2.2.10 Spoils No spoils except where described in the Agreement Contractor
2.2.11 Imported Materials Do not import, move, or remove any rock, gravel, and/or other materials within the streambed
or banks except as described in the Agreement
Contractor
2.2.12 Debris - Exclusion from Channel Keep debris from entering channel or banks. Remove any debris that has entered channel or
banks.
Contractor
2.2.13
Contaminants Keep any contaminant hazardous to aquatic life from entering the soil and/or Waters of the
State. Immediate removal of contaminants if they are placed or fall within jurisdictional areas.
Contractor
2.2.14
Spill Containment All activities within 50ft of watercourse must have absorbent materials on-site for accidental
spills. Spills must be reported to California Emergency Management Agency immediately at 1-
800-852-7550. CDFW must be notified of spill/cleanup status the same day.
Contractor
2.2.15 Hazardous Spill Plan A hazardous spill plan must be developed prior to construction. Implementation and
notifications to appropriate agencies will be performed by the contractor.
Contractor
2.2.16
Concrete - Exclusion from
Wetted Channel
Poured concrete needs 30 days curing time before coming into contact with wetted stream. If
curing not possible, pH range of 6.5-8.3 can be allowed exposure to wetted stream. Sealants or
curing accelerant can be applied to concrete surface (no wetted stream contact until sealant is
cured)
Contractor
2.2.17 Concrete - Designated Monitor A monitor designated by the Permittee shall monitor all concrete pouring along the western
bank of Regnart Creek
WRA
Regnart Road CDFW LSAA Permit Conditions
2.2.18
Concrete Wash Area Permittee or contractor shall not allow concrete washwater and debris to enter the active
stream. Concrete wash area facilities need to be inspected daily and following heavy rain to
check for leaks and identigy any damage to plastic linings and/or sidewalls.
Contractor
2.2.19
Revegetation Areas of bare ground resulting from construction activities shall be revegetated with native
grasses listed below. Permittee requires written approval from CDFW of any changes made to
the revegetation methods.
Meadow barley (Hordeum brachyantherum ssp. californicum)
Blue wildrye (Elymus glacus)
California brome (Bromus carinatus)
Creeping wildrye (Elymus triticoides)
California oatgrass (Danthonia californica)
Califonia melic (Melica californica)
Locally native wildflower seeds can be included in the seed mix.
WRA
2.2.20
Erosion Control Methods Erosion protection is required in areas where vegetation cannot be expected to re-establish.
Erosion protection can't include plastic monofilament netting or similar material.
Erosion protection can include coconut coir matting, straw/coconut fiber erosion blankets,
straw wattles, or tackified hydroseeding compounds. Erosion control must blend with the
natural contours of the stream bank. Erosion control measures must be monitored during and
after each storm event, and modifications, repairs, and improvements shall be made whenever
they are needed.
Contractor
2.2.21
Erosion Control Installation
Time Period
All erosion control plantings, seeding, and materials must be installed as soon as possible after
Project activities in those areas cease. Seeding placed after October 15 must be covered with
broadcast straw, jute netting, coconut fiber blanket, or similar erosion control blanket.
WRA
2.2.22
Bank Stabilization Permittee must conduct a feasibility study to determine appropriate methods to remediate the
bank erosion. This may include partial or full removal of the sacked concrete wall. Feasibility
study report is due to CDFW for review and comment within 6 months of execution of this
Agreement and a final report is due within 1 year of execution of this Agreement.
WRA
2.2.23
Invasive Plant Removal and
Revegetation
Remove invasive vegetation from the City of Cupertino property along the western bank of
Regnart Creek between the culvert crossings immediately north and south of the Project site.
Revegetate all areas of bare soil with native plants (see Measure 2.2.19)
WRA
2.2.24
CDFW-Approved Qualified
Biologist(s) and Biological
Monitor(s)
Permittee must submit the names and resumes of all biologists and biological monitors
involved in conducting survey and/or monitoring work at least 30 days prior to initiating fish
and wildlife surveys.
WRA
2.2.25
Training Session for Personnel The qualified biologist must conduct an education program for all persons employed on the
Project prior to performing work activities. Interpretion services must be provided for non-
English speaking workers. Copies of the Agreement must be maintained at the work site with
the Project supervisor. Employees must sign an affidavit stating they completed the training
and understand all protection measures.
WRA
2.2.26
Pre-Construction Fish and
Wildlife Surveys
The qualified biologist must conduct pre-construction surveys for the presence of special-status
fish and wildlife species within 48 hours prior to each phase of construction work within the
Project area.
If state or federally listed species are found, the qualified biologist must contact CDFW and
USFWS or NMFS and all work must cease until guidance or approval is received. Kristin Garrison
or the CDFW Bay Delta Region office must be notified within four hours if any state-listed
species are found.
WRA
2.2.27
Special-Status Species
Monitoring During Work
Construction personnel shall monitor for special-status species during Project activities. If
found, work will stop and the on-call qualified biologist will be contacted. CDFW will be notified
for guidance.
If there is imminent danger of special-status species from Project activities, the qualified
biologist must relocate the individual(s) a minimum of 250 ft away from construction activities
if the individual(s) do not move out of the work area on their own. CDFW must be notified prior
to relocation.
Contractor + WRA
2.2.28
Special-Status Species
Encountered During Work
In addition to Measure 2.2.27 above, CESA and/or ESA listed species may only be relocated by a
biologist with the necessary permits issued by CDFW, USFWS, and/or NMFS. CDFW must be
notified within 24 hours of relocation activities.
WRA
2.2.29
San Francisco Dusky-Footed
Woodrat
Prior to the beginning of construction activities,a biological monitor will conduct surveys for SFDWR.
If nests are found,a clearly marked 50-foot buffer will be established.If an identified nest can't be
avoided within the buffer,the Permittee is required to develop and implement a SFDWR relocation
plan.The plan shall be submitted to CDFW 30 days prior to commencement of activities that will take
place within the 50-foot buffer.
WRA
2.2.3 and 2.24
Work Period in Dry Weather
Only - Check Forecast
Forecasts must be documented.
No construction activities when the National Weather Service 72-hour forecast indicates a 30%
or higher chance of precipitation. Construction activities can resume when precipitation ceases
and the 72-hour forecast indicates a 30% or less chance of precipitation. No work can be done
within 24 hours of a rain event that produces 0.2 inches or greater of rain. If less than 0.2 inches
of rain, additional erosion control measures may be necessary before resuming work within 24
hours of the rain event.
All necessary erosion control measures need to be implemented 12 hours prior to the onset of
precipitation.
Contractor
2.2.30 - 2.2.33
Nesting Bird Surveys and Nest
Protection
If work will take place between January 15 to September 15,a qualified biologist shall conduct two
surveys for active nests within 14 days prior to the beginning of construction.A final survey shall be
conducted within 48 hours prior to construction.Lapses in Project-related activities of 15 days or
longer will require another survey.
WRA
2.2.34
CRLF and Black Salamander -
Vegetation Removal
Where heavy equipment will be used and understory vegetation removed,the Permittee must
remove vegetation prior to conducting Project work.
Understory vegetation must be removed only with non-mechanized hand tools.
Contractor
2.2.35
CRLF and Black Salamander -
Capture Techniques
A qualified biologist must use nets or bare hands to relocate or handle these species if imminent
danger to individual(s) is apparent (Measures 2.2.27 and 2.2.28).
WRA
2.2.36 No Hollow Open-ended Posts or
Pipes
No exposed hollow open-ended posts or pipes shall be installed, stored, or staged in a vertical
position unless capped, screened or filled with material
Contractor
2.2.37
Posts with Exposed Perforations Vertical posts with exposed perforations within the top 6 inches of the post must be permanently
filled or capped
Contractor
2.2.38
Entrapment - Pipes All construction pipes, culverts, hoses, or similar structures stored overnight at the construction site
must be securely capped prior to storage and checked for wildlife prior to being moved or used.
Sensitive species must be allowed to leave the pipe on their own.
Contractor
2.2.39
Entrapment - Trenches and Pile
Holes
All trenches and pile holes must be covered at the end of each work day. A ramp of 30 degrees or less
may be placed within holes or trenches where covering is not possible. Ramps may be constructed of
dirt fill, wood planking, or other suitable material.
Contractor
2.2.40
Tree and Shrub Trimming Hand tools shall be used to trim vegetation to the extent necessary fo gain access to work sites.
Larger equipment used for vegetation trimming requires written approval from CDFW prior to use.
Contractor
2.2.41
Habitat Protection No vegetation outside of construction corridor may be removed or damaged prior to consultation
and approval by CDFW
Contractor
2.2.5 Final Construction Plans Permittee shall submit final Project construction plans, designs, and specifications to CDFW
within 30 calendar days prior to the start of Project implementation
WRA
2.2.6
Notification of Changes to
Plans
Permittee must notify CDFW if plans are modified in writing 30 calendar days prior to change
implementation if the changes are large. Minor changes can be resolved with a phone call or
email to CDFW.
WRA
2.2.7
Work Area Delineation Work area must be flagged within the stream, riparian, and wetland areas. Flagging must be
removed within 5 days of completion of construction work. Access paths and staging need to be
adequately temporarily fenced or flagged.
WRA
2.2.8
Staging Equipment Staging and storage areas for all equipment, materials, fuels, lubricants, and solvents need to be
located outside of the stream, riparian, floodplain, and wetland areas. Hi-vis temporary construction
fencing, erosion control, and daily equipment inspections must be used or performed to protect
sensitive resources. Stationary equipment need to be positioned over drip pans and checked and
maintained daily. Vehicles must be a minimum of 300 feet from the stream, riparian, or wetland
habitat before refueling and lubrication. Drip pans and absorbent material must be used around
equipment.
Contractor
2.2.9
Phytophthora - Sanitation
Protocol
Prior to entry in work area, vehicles must stay on established roads whenever possible. Travel
on roads must be avoided during the wet season (Oct 15 - April 15) or when the road is wet
enough that soil will stick to tires and undercarriages. Exteriors and interiors of all vehicles,
construction equipment, and tools must be free of debris, soil, and mud. Work shoes must be
kept clean and free of debris, mud, and soil prior to moving to a new work area
Contractor
3.3.1
As-Builts Due to CDFW within 90 calendar days of completion of Project construction work.
A report explaining any changes made to the final design plans (including impacts) is also required.
Contractor + WRA
3.3.2 Construction and Revegetation
Status Report
Construction and re-vegetation status report due to CDFW on or before December 31 of the year of
construction and planting completion
WRA
3.3.3
California Natural Diversity
Database
Sensitive-species observed during Project surveys, implementation, or mitigation and monitoring
work must be submitted to CNDDB within 5 working days of the sightings. Copies of the CNDDB
forms and survey maps must be submitted to CDFW Region 3.
Contractor + WRA
CITY OF CUPERTINO GENERAL NOTES
1. All work shall be in accordance with the State of California Department of Transportation Standard Specifications (latest edition, as amended), and
Standard Plans (latest edition, as amended), and City of Cupertino Standard Details. The Contractor shall perform the work described in the
specification, and as shown on the drawings, and to the satisfaction of the City Engineer.
2. Approval of these plans shall not release the Owner or Contractor of the responsibility for corrections of mistakes, errors, or omissions contained
therein. If during the course of construction of improvements, public interest requires a modification of/or a departure from the City of Cupertino
Standard Details or these improvements plans, the City Engineer shall have the authority to require such modification or departure and to specify
the manner in which the same is to be completed, at the sole expense of the Owner or Contractor.
3. Approval of these plans by the City Engineer is only for public right-of-way improvements (including storm drain in the right of way), and not for
water, sewer or dry utilities. It is the Developer's/Owner's responsibility to coordinate reviews and approval from each of the Utility companies,
and to provide approval letters as requested.
4. It shall be the responsibility of the Contractor to ensure the approved plans or the latest revised plans are furnished to its subcontractors, and to
ensure the latest approved plans are onsite at all times during construction.
5. The Contractor shall notify the City of Cupertino Public Works Inspector two (2) working days prior to requiring an inspection. Call (408) 777-3104
to schedule Public Works inspections.
6. Construction area traffic control devices shall be installed prior to beginning of work.
7. Notify City of Cupertino Traffic Signal Maintenance for inspection of traffic signal facility foundation excavations at (408) 777-1366, two (2)
working days prior to pouring any cabinet or signal foundations relating to the job.
8. The Contractor shall locate underground facilities in the area of work. The Contractor shall contact Underground Service Alert (USA) at 811 two (2)
working days in advance of any work for location of the underground facilities.
9. All underground utilities shall be installed and backfilled before placement of the base material and surface structures. If utilities are to be installed
subsequently, a written notification from the affected utility company indicating its commitment to bore or tunnel shall be submitted to the City
Engineer before proceeding with the work. Underground utilities, except storm drains and sanitary sewers, shall not be permitted in pavement
area, with the exception of street crossings, unless approved by the City Engineer.
10. All water lines, valves, hydrants, and appurtenances thereto installed within the public right-of-way shall be the property of the water utility
company.
11. Storm drain lines installed as part of the work on these plans shall be cleared of all debris and obstructions prior to final acceptance.
12. All trench backfill, fill areas, and base material shall attain a minimum 95% relative compaction. For typical trench sections, except for sanitary
sewers, refer to the City Standard Details.
13. The Developer shall pay all costs for moisture-density curves (Calif. Test No. 216E) and any other tests required by the City Engineer during street
construction.
14. Trees, roots, and foreign matter in existing or proposed right-of-way shall be removed to a depth of two (2) feet below subgrade and disposed of
per Caltrans Standards. In the case of live tree roots from City street trees, Contractor shall contact the City for field observation prior to removing
tree roots.
15. Trench plates in the traveled way shall be traffic rated, property secured and shall be recessed upon the request of the Director of Public Works.
16. All trenches located within 5' of the edge of pavement (ie. curb, lip of gutter, edge of pavement, etc.) shall be repaved to the edge of pavement.
17. All new pavement shall match the existing pavement section. A minimum pavement section of 3” AC/6” Class 2 AB is required.
18. Existing pavement that is removed or damaged shall be replaced as required by the City Engineer.
19. Manhole frames and covers shall be brought to finish grade prior to final signoff.
20. Five (5) working days prior to installing permanent striping, the Contractor shall cat track the striping and request review of the cat tracks by the
City Traffic Engineer. The City Engineer shall have the right to make changes in the location of the alignment of traffic stripes, pavement markings,
and pavement markers.
21. Concrete for use in all concrete structures shall conform to California Department of Transportation Standard Specifications Section 90. Drop
inlets, sidewalks, curbs and gutters shall contain 590 lbs. of cement per cubic yard and shall attain a minimum strength of 3,000 psi in 28 days.
22. Drop inlets shall be constructed conforming to City Standard Details unless otherwise noted on the plans. Drop Inlets shall be installed concurrent
with the construction of the curb and gutter “No Dumping Flows to the Bay.” plaque shall be installed on the curb adjacent to all inlets.
23. A minimum thickness of five (5) inches of concrete shall be required for commercial driveway approaches and four (4) inches for residential. The
driveway approach shall be installed concurrent with the construction of the curb and gutter.
24. One pound of dispersing black shall be mixed with each cubic yard of concrete at the batch plant.
25. City Standard Street Lights shall be installed as required by the Director of Public Works, and shall conform to the City Standard Details and Notes.
During construction operations, temporary street lighting shall be provided as necessary to ensure the public safety. Temporary street lights shall
be installed at the discretion of, and to the satisfaction of, the Director of Public Works.
26. City standard street monuments shall be constructed at the locations shown on the plans or as directed by the City Engineer.
27. New City standard street monuments and other permanent monuments disturbed during construction shall be replaced before acceptance of the
improvements by the City Engineer. Attention is directed to Section 8771 of the California Business and Professions Code for the requirements
concerning survey monuments. Existing survey monuments shall be located and referenced by or under the direction of a licensed land surveyor
or registered civil engineer prior to construction operations, and a corner record or record of survey shall be filed with the County Surveyor of the
County of Santa Clara. Existing survey monuments shall be reset to finish grade, and a corner record or record of survey shall be filed with the
County Surveyor of the County of Santa Clara prior to the recording of the certificate of completion for the project.
28. Construction survey stakes or marks (control stakes) to establish lines and grades shall be set by the Contractor's surveyor or engineer.
29. Notify the City Inspector two (2) working days in advance of requiring services for checking field staking. Three (3) copies of the cut sheets shall
be furnished to the City Inspector.
30. Grading of lots shall be completed as determined by the City Engineer, as shown on the plans, and shall follow requirements and standards as set
forth in the City Standard Grading and Drainage notes.
31. Demolition of septic tanks shall conform to Santa Clara County Environmental Health Department regulations. Work shall be done prior to
construction.
32. All public improvements must be completed prior to occupancy.
33. Contractor is responsible for dust control and ensuring the area adjacent to the work is left in a clean condition.
34. Contractor shall review City Detail 6-4 on tree protection prior to accomplishing any work or removing any trees.
35. Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for ANY activity, which disturbs the soil.
36. A work schedule of grading and Erosion & Sediment Control Plan shall be provided to the City Engineer by August 15. No hillside grading shall
be performed between October 1 to April 15.
37. All new electrical service (power, phone, and/or cable) shall be undergrounded.
38. To initiate release of bonds, contact the Public Works Inspector for Final Inspection.
39. All downspouts to be released to the ground surface, directed away from building foundations and directed to landscaped areas.
40. Prior to beginning any work within the Public Right of Way, the Contractor will be responsible for pulling an encroachment permit from the Public
Works Department.
E S T .195
5
CUPERTINOCITY OF
REGNART ROAD IMPROVEMENTS PHASE 1
CUPERTINO, CA
100% PLANS
SHEET INDEX
1 C0.1 COVER SHEET
2 C0.2 BMP & STORM WATER PROGRAM
3 C0.3 PERMIT CONDITIONS
4 C1.0 SITE PLAN
5 C2.0 CENTERLINE PROFILE
6 C2.1 STORM DRAIN PROFILE
7 C3.0 SITE SECTIONS
8 C3.1 SITE SECTIONS
9 C4.0 CIVIL DETAILS
10 C4.1 CIVIL DETAILS
11 S2.0 INBOARD WALL A PROFILE
12 S2.1 INBOARD WALL B PROFILE
13 S2.2 OUTBOARD WALL C PROFILE
14 S3.0 INBOARD WALL DETAILS
15 S3.1 PIN PILE WALL DETAILS
SD SD
SD SD
W W
NEW STORM DRAIN
EXISTING STORM DRAIN
EXISTING WATER
BD BD NEW BACK DRAIN
EXISTING MAJOR CONTOUR
EXISTING MINOR CONTOUR
PROPOSED MAJOR CONTOUR
PROPOSED MINOR CONTOUR
100
100
GRADE BREAK
PROPERTY LINE
E(O/H)E(O/H)EXISTING ELECTRIC (OVERHEAD)
D
S
STORM DRAIN MANHOLE
SANITARY SEWER MANHOLE
WATER VALVE
TREE
LEGEND
UD UD NEW UNDER DRAIN
DYH
BORING HOLE/BENCHMARK
FIRE HYDRANT
SURVEY CONTROL POINT
FLOW LINE
VEGETATION DRIPLINE
LOCATIONS OF EXISTING UTILITIES SHOWN ON THE PLANS ARE ONLY APPROXIMATE.
THE EXISTING UTILITIES SHOWN WERE PLOTTED USING INCOMPLETE AND IMPRECISE
RECORDS. IT SHOULD BE EXPRESSLY UNDERSTOOD THIS INFORMATION DOES NOT
NECESSARILY REPRESENT ACTUAL OR COMPLETE SITE CONDITIONS OR SHOW
DETAILS OF EXACT LOCATION, DEPTH OR OTHER CONSTRUCTION FEATURES OF
THESE UTILITIES. NO WARRANTY, EITHER EXPRESSED OR IMPLIED, AS TO THE
COMPLETENESS OR ACCURACY OF THIS INFORMATION IS SET FORTH HEREIN. IT IS
THE CONTRACTOR'S RESPONSIBILITY TO VERIFY THIS INFORMATION WITH THE
AFFECTED UTILITIES PRIOR TO EXCAVATION. THE CONTRACTOR SHALL CALL
"UNDERGROUND SERVICE ALERT" AT 1-800-642-2444 OR 8-1-1 FOR THE MARKING OF
UNDERGROUND FACILITIES AT LEAST 2 DAYS PRIOR TO CONSTRUCTION.
CONTRACTOR SHALL HAND DIG AND LOCATE ALL UTILITIES THAT MAY BE AFFECTED
BY THE NEW FACILITIES IN THIS CONTRACT TO VERIFY ACTUAL DEPTH AND LOCATION
OF UTILITIES AND REPORT POTENTIAL CONFLICTS TO THE OWNER'S
REPRESENTATIVE. CONTRACTOR SHALL PROTECT ALL EXISTING UTILITIES WHETHER
SHOWN OR NOT AND IS RESPONSIBLE FOR ALL DAMAGES TO EXISTING UTILITIES.
Know what's below.before you dig.Call
R
PROJECT SITE
TREE REMOVAL
CIVIL+STRUCTURAL ENGINEERING
224 Walnut Ave, Suite B Santa Cruz, CA 95060
Phone (831) 426-3186
85
BASIS OF BRARINGS:
BASIS OF BEARINGS WAS ASSUMED NORTH BASED ON COMPASS READING PER SURVEY PROVIDED BY COTTON, SHIRES
AND ASSOCIATES
BASIS OF ELEVATION:
ELEVATION WAS ASSUMED 500 FEET AT POINT N 5,000 E 5,000 Z 500 PER SURVEY PROVIDED BY COTTON, SHIRES AND
ASSOCIATES
STANDARDS
CALTRANS STANDARD SPECIFICATIONS 2018
CALTRANS AMENDMENTS TO THE AASHTO LRFD BRIDGE DESIGN SPECIFICATION 2019
AASHTO LRFD BRIDGE DESIGN SPECIFICATION 2017 EIGHTH EDITION
GUARDRAIL LOADING - TL-3
Apr 27, 2023
$
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by MME, INC. Engineer retains all right and title. No part may be reproduced in any fashion or medium without the express written permission of the Engineer.These drawings are Instruments of Service, issued for a one-time, single use by the Owner. The entire contents of these Drawings are Copyright c 2022
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X
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X
X
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X
X
X
X X X X
X
X
X
X X X X X
X
X
X
X
X
X X X X X
X
X
X X
X
X
X
X
X
X X X
X
X
X
X
X X X
X
X
X
X
X
X
X
X
X
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?W
?W
?W
?W
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X
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X
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X
X
X
X
X
X
0+00
1+00
2+00
3+00
L1
L2
L3
L4
C1
C2
C3
51
0
'
5
0
5
'
5
0
0
'
49
5
'
4
9
0
'
493'
CSA/B-2
CSA/B-3
500'
51
0
'
500'
505'
500'495'
490'
490'
Utility
Pole
North
Drop Inlet
(5.3' Invert)
Water
Marker
High Water
Marker
16"Ø CMP
Sakrete
Reinforced
Creek Bank
492'
4
9
1
'
Culvert
CSA/B-1 Utility Pole
(Cut Off)
Sakrete
Reinforced
Creek Bank
0+00
1+00
2+00
3+00
L1
L2
L3
L4
C1
C2
C3
?W
?W
?W
?W
?W
?W
?W
?W
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?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E
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?E
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X
X
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X X X X X
X
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?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E ?E
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X
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0+00
1+00
2+00
3+00
L1
L2
L3
L4
C1
C2
C3
SITE 6
SITE 3
SITE 4
SITE 5
SITES 1&2
SCALE:
SITE PLAN
1" = 10'
C1.0
JP
RC
20144
SI
T
E
P
L
A
N
010'5' 10'20'
1" = 10'
1
CHECKED BY:
DRAWN BY:
SHEET
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S
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R
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P
T
I
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N
43210
RE
V
.
BY
DA
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JOB NUMBER:
by MME, INC. Engineer retains all right and title. No part may be reproduced in any fashion or medium without the express written permission of the Engineer.These drawings are Instruments of Service, issued for a one-time, single use by the Owner. The entire contents of these Drawings are Copyright c 2022
BI
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'
SHEET NOTES
PIN PILE WALL C AND GRADE BEAM, PER STRUCTURAL DETAILS
ON S3.1
ELEVATED REINFORCED CONCRETE SLAB, PER STRUCTURAL
DETAILS ON S3.1
THREE TREES TO BE REMOVED OR TRIMMED AS NEEDED FOR
CONSTRUCTION
ORDINARY HIGH WATER
PROPOSED EDGE OF TRAVELED WAY, TYP
REMOVE & REPLACE EXISTING INLET, PROTECT PIPING AND
OUTLET IN PLACE
EXISTING UNDERGROUND UTILITIES PROTECT IN PLACE
APPROX
RELOCATE EXISTING MAILBOXES ON NEW POSTS
12" CLEARANCE MIN TO POWER POLE
TYPE 842 CONCRETE BARRIER, PER DETAILS B11-81/C4.0,
B11-82/C4.0 AND 1/S3.1
ASPHALT PAVING PER DETAIL 1/C4.1 (3,300 SF APPROX)
EX EDGE OF TRAVELED WAY
INBOARD SOLDIER PILE WALL A
INBOARD SOLDIER PILE WALL B
TRANSITION RAILING AND MGS TERMINAL END SYSTEM, PER
CALTRANS STANDARD PLAN A77U2, AND RSP A77U4, A77Q1,
AND A77Q4 / C4.0
TRIM TREE BRANCHES, TYP
THREE TREES TO BE REMOVED
LIMIT OF DISTURBANCE, APPROXIMATE
EARTH RETAINING STRUCTURE PER DETAIL 1/C4.0
TEMPORARY DRAINAGE INLET PROTECTION (1 EACH)
SILT FENCE AND COMPOST SOCK ALONG BOTTOM OF FENCE
(200 LF)
ROLLED EROSION CONTROL JUTE MESH (1,630 SF)
HMA DIKE, TYPE C UNDER TERMINAL ENDS AND TYPE F UNDER
GUARDRAIL, PER CALTRANS DETAIL A87B/C4.1 (100 LF)
HMA DIKE, SIMILAR TO TYPE A PER CALTRANS DETAIL A87B/C4.1
ALONG FULL LENGTH AT BASE OF SOLDIER PILE WALLS.
EXTEND TO NEW DRAINAGE INLET ON WALL A
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2
6
3 49
A
/
C
3
.
0
A
B/
C
3
.
0
B
C/C
3
.
1
C
D/C
3
.
1
D
F
R
O
M
T
O
10
11
PVI
STATION: 0+85.00
OFFSET: 0.00
ELEV: FG 505.58
PVI
STATION: 0+64.78
OFFSET: 0.00
ELEV: FG 506.94
PVI
STATION: 1+95.00
OFFSET: 0.00
ELEV: FG 493.75
PVI
STATION: 2+14.68
OFFSET: 0.00
ELEV: FG 492.38
12
13
14
5
0
5
5
0
0
49
5
15
15
22051 REGNART RD
2
2
0
4
5
R
E
G
N
A
R
T
R
D
REGNART CREEK
REGNART ROAD
16
17 3
ALIGNMENT LINE / CURVE TABLE
LINE / CURVE #RADIUS LENGTH (CHORD) DIRECTION
L1 -----31.331 N15° 18" 46.91"E
C1 437 91.393 N21° 18' 12.82"E
L2 -----4.105 N27° 17' 41.61"E
C2 140 59.776 N39° 31' 28.59"E
L3 -----24.917 N51° 45' 15.56"E
C3 204 80.713 N40° 25" 10.83"E
L4 -----7.771 N29° 05' 06.10"E
18
PILE LOCATION COORDINATES
PILE
NUMBER CL STATION ALIGNMENT OFFSET
PILE
NUMBER CL STATION ALIGNMENT OFFSET
0+46.36 10.74 0+90.40 6.27
0+54.32 11.07 0+96.49 6.27
0+62.27 11.55 1+02.57 6.27
0+70.20 12.18 1+08.66 6.27
1+48.17 12.95 1+14.75 6.27
1+55.65 12.49 1+20.84 6.27
1+63.15 12.46 1+26.87 6.27
1+70.63 12.86 1+33.15 6.27
1+78.11 12.35 1+39.43 6.27
1+85.62 12.25 1+45.71 6.27
1+93.71 12.43 1+51.99 6.27
2+01.78 12.61 1+58.27 6.27
2+10.04 12.36 1+64.55 6.27
2+18.62 12.00 1+70.83 6.27
2+27.25 11.30 1+77.12 6.27
2+35.80 10.25 1+83.40 6.27
2+44.44 10.17 1+89.54 6.27
0+66.05 6.27 1+95.54 6.27
0+72.14 6.27 2+01.54 6.27
0+78.23 6.27 2+07.54 6.27
0+84.13 6.27 2+13.48 6.27
1 22
2 23
3 24
4 25
5 26
6 27
7 28
8 29
9 30
10 31
11 32
12 33
13 34
14 35
15 36
16 37
17 38
18 39
19 40
20 41
21 42
19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34
35
36
37
38
39
40
41
42
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
P
/
C
2
.
1
P
VICINITY MAP
SCALE: 1"=1000'
18
19
SURVEY CONTROL POINT
#: 424
N: 5057.69
E: 5065.70
Z: 492.11
D: CITY MONUMENT
SURVEY CONTROL POINT
#: 975
N: 5181.99
E: 5146.68
Z: 484.54
D: CITY MONUMENT
STATION LINE BEGIN
N: 4878.16
E: 4968.32
STATION: 0+00.00
OFFSET: 0.00
STATION LINE END
N: 5126.04
E: 5124.71
STATION: 3+00.00
OFFSET: 0.00
SURVEY TIE
FROM STATION LINE END
TO CITY MONUMENT
N21°26'24"E 60.11'
22
21
20
NOTES:
1. CONTRACTOR SHALL PROVIDE WATER POLLUTION
CONTROL PLAN IN ACCORDANCE WITH THE SPECIAL
PROVISIONS AND CALTRANS STANDARDS
2. TOPOGRAPHIC SURVEY AND SURVEY CONTROL
POINTS PROVIDED BY THE CITY OF CUPERTINO AND
PERFORMED BY COTTON SHIRES AND ASSOCIATES,
FEBRUARY 2019
3. CONTRACTOR SHALL RELOCATE 3 MAILBOXES AND
PROVIDE NEW POSTS
1
1
'
7
.
7
'
8
.
4
'
9
'
1
1
'
9'
11
'
NOTE: LAYOUT LOCATION IS ON THE CENTER OF PILE FOR ALL PILES
SAWCUT, CONFORM EP
STA = 2+74.98
END AC DIKE TYPE C
STATION = 2+74.98
OFFSET = 8.48
END CL STRIPING
DETAIL 21
END ALTERNATE IN-LINE TERMINAL SYSTEM
STATION: 2+68.69
OFFSET: 9.39
END TRANSITION RAILING
BEGIN ALTERNATIVE IN-LINE TERMINAL SYSTEM
END AC DIKE (TYPE F)
BEGIN AC DIKE (TYPE C)
STATION: 2+39.59
OFFSET: 9.50
19 19
BEGIN TRANSITION
RAILING (TYPE WB31)
BEGIN AC DIKE (TYPE F)
STATION: 2+14.92
OFFSET: 9.07
BEGIN TRANSITION
END CONCRETE
BARRIER (TYPE 842)
STATION: 2+05.45
OFFSET: 9.00
END TRANSITION
BEGIN CONCRETE
BARRIER (TYPE 842)
STATION: 74.38
OFFSET: 9.00
END TRANSITION
RAILING (TYPE WB31)
END AC DIKE (TYPE F)
STATION: 0+64.53
OFFSET: 8.97END AC DIKE (TYPE C)
BEGIN AC DIKE (TYPE F)
END ALTERNATE IN-LINE TERMINAL SYSTEM
BEGIN TRANSITION RAILING
STATION: 0+36.78
OFFSET: 7.84
BEGIN ALTERNATE IN-LINE
TERMINAL SYSTEM
STATION: 0+01.53
OFFSET: 8.37
BEGIN AC DIKE (TYPE C)
STATION: 0+01.51
OFFSET: 7.38
SAWCUT, CONFORM EP
BEGIN CL STRIPING
DETAIL 21
STATION: 0+31.33
4
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SCALE:
CENTERLINE PROFILE
1" = 10'C2.0
JP
RC
20144
CE
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1" = 10'
CHECKED BY:
DRAWN BY:
SHEET
DE
S
C
R
I
P
T
I
O
N
43210
RE
V
.
BY
D
A
T
E
JOB NUMBER:
by MME, INC. Engineer retains all right and title. No part may be reproduced in any fashion or medium without the express written permission of the Engineer.These drawings are Instruments of Service, issued for a one-time, single use by the Owner. The entire contents of these Drawings are Copyright c 2022
BI
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STATION (FEET)
480
490
500
510
520
480
490
500
510
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0+00 0+60
SCALE:
STORM DRAIN PROFILE
1" = 5'C2.1
JP
RC
20144
ST
O
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M
D
R
A
I
N
P
R
O
F
I
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E
05'2.5' 5'10'
1" = 5'
CHECKED BY:
DRAWN BY:
SHEET
DE
S
C
R
I
P
T
I
O
N
43210
RE
V
.
BY
D
A
T
E
JOB NUMBER:
by MME, INC. Engineer retains all right and title. No part may be reproduced in any fashion or medium without the express written permission of the Engineer.These drawings are Instruments of Service, issued for a one-time, single use by the Owner. The entire contents of these Drawings are Copyright c 2022
BI
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EX 18" CMP STORM DRAIN
PROTECT IN PLACE
EX DI REMOVE AND REPLACE
PER DETAIL 3-2 / C4.1
ADJUST RIM TO GRADE
RIM = 505.28
INV IN = 499.78
INV OUT = 498.95
APPROX LOCATION OF
EX 8 " DIP WATER MAIN, VIF
EXTEND EX 18" CMP USING BANDED
DOUBLE-BOLTED COUPLING WITH O-RING
GASKETS AND AND MATCHING CMP PIPE.
USE 2-SACK SLURRY BACKFILL
CONCRETE BOTTOM, GROUT
TO MAINTAIN SMOOTH INVERT
GROUT AROUND BOTH PIPE CONNECTIONS
12" AND COMPLETE WIDTH OF TRENCH
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460
470
480
490
500
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SCALE:
SITE SECTIONS
1" = 5'C3.0
JP
RC
20144
SI
T
E
S
E
C
T
I
O
N
S
CHECKED BY:
DRAWN BY:
SHEET
DE
S
C
R
I
P
T
I
O
N
43210
RE
V
.
BY
D
A
T
E
JOB NUMBER:
by MME, INC. Engineer retains all right and title. No part may be reproduced in any fashion or medium without the express written permission of the Engineer.These drawings are Instruments of Service, issued for a one-time, single use by the Owner. The entire contents of these Drawings are Copyright c 2022
BI
D
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3
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ETW
ETW
CAUTION:
APPROX EX OH ELECT
VIF
APPROX EX OH COMM
CAUTION:
APPROX EX OH ELECT
VIF
APPROX EX OH COMM
APPROX LOCATION
EX DIP 8" WATER, VIF
APPROX LOCATION
EX DIP 8" WATER, VIF
ELEVATED REINFORCED
CONCRETE SLAB
GRADE BEAM
PIN PILE WALL C
SCALE:1" = 5'A-ASECTION
SCALE:1" = 5'B-BSECTION
GRADE BEAM
PIN PILE WALL C
ECL
ECL
2.0%
2.0%
20' MIN
20' MIN
APPROXIMATE BEDROCK
LOCATION PER GEOTECHNICAL
INVESTIGATION REPORT
APPROXIMATE BEDROCK
LOCATION PER GEOTECHNICAL
INVESTIGATION REPORT
CONCRETE BARRIER
ELEVATED REINFORCED
CONCRETE SLAB
CONCRETE BARRIER
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540
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460
470
480
490
500
510
520
530
540
550
0 200-20
SCALE:
SITE SECTIONS
1" = 5'C3.1
JP
RC
20144
SI
T
E
S
E
C
T
I
O
N
S
CHECKED BY:
DRAWN BY:
SHEET
DE
S
C
R
I
P
T
I
O
N
43210
RE
V
.
BY
D
A
T
E
JOB NUMBER:
by MME, INC. Engineer retains all right and title. No part may be reproduced in any fashion or medium without the express written permission of the Engineer.These drawings are Instruments of Service, issued for a one-time, single use by the Owner. The entire contents of these Drawings are Copyright c 2022
BI
D
S
E
T
RT
C
3
/
3
1
/
2
0
2
3
PR
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ETW
CAUTION:
APPROX EX OH ELECT
VIF
APPROX EX OH COMM
APPROX LOCATION
EX DIP 8" WATER, VIF
CAUTION:
APPROX EX OH ELECT
VIF
APPROX EX OH COMM
APPROX LOCATION
EX DIP 8" WATER, VIF
SCALE:1" = 5'C-CSECTION
SCALE:1" = 5'D-DSECTION
GRADE BEAM
PIN PILE WALL C GRADE BEAM
PIN PILE WALL C
ECL
ECL
2.0%
2.0%
20' MIN
20' MIN
APPROXIMATE BEDROCK
LOCATION PER GEOTECHNICAL
INVESTIGATION REPORT
AC DIKE
AC DIKE
ELEVATED REINFORCED
CONCRETE SLAB
CONCRETE BARRIER
ELEVATED REINFORCED
CONCRETE SLAB
CONCRETE BARRIER
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JP
RC
20144
DE
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NOTES:
FOR THE APPROACH GUARDRAIL SYSTEM -
USE CONNECTION DETAIL AA ON STD PLAN A77U2
USE LAYOUT 12A ON RSP A77Q1
FOR THE DEPARTURE SIDE GUARDRAIL SYSTEM-
USE CONNECTION DETAIL CC ON STD PLAN A77U2
USE LAYOUT 12AA ON RSP A77Q4
FOR THE CONCRETE BARRIER ON THE ELEVATED SLAB AND GRADEBEAM:
USE TYPE 842 ON STD PLAN RSP B11-81 & 82
USE ON DEPARTURE SIDE SECTION A-A
USE ON APPROACH SIDE SECTION G-G
SCALE:NTS 1EARTH RETAINING STRUCTURE
1'
M
I
N
3'-112"
POST
SPACING
(SEE LAYOUT FOR LIMITS)
3' 8" MIN
FG
CUT STEEL WASHER
58" CARRIGE BOLT WITH HEX NUT
8"X8"X8' STEEL GUARDRAIL POST
WITH DOUBLE RAILING ELEMENTS
FLAT PLATE WASHER, TYP
FILTER FABRIC
TERMINAL
GUARDRAIL SYSTEM
EG
MGS ELEMENTS
3 ELEMENTS SHOULD BE USED
WHEN RETAINED HEIGHT EXCEEDS 2'
PLAN
SECTION
8'
CHECKED BY:
DRAWN BY:
SHEET
DE
S
C
R
I
P
T
I
O
N
43210
RE
V
.
BY
D
A
T
E
JOB NUMBER:
by MME, INC. Engineer retains all right and title. No part may be reproduced in any fashion or medium without the express written permission of the Engineer.These drawings are Instruments of Service, issued for a one-time, single use by the Owner. The entire contents of these Drawings are Copyright c 2022
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20144
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CHECKED BY:
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SHEET
DE
S
C
R
I
P
T
I
O
N
43210
RE
V
.
BY
D
A
T
E
JOB NUMBER:
by MME, INC. Engineer retains all right and title. No part may be reproduced in any fashion or medium without the express written permission of the Engineer.These drawings are Instruments of Service, issued for a one-time, single use by the Owner. The entire contents of these Drawings are Copyright c 2022
BI
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3
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2.
5
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8"
6"
SCALE:
VEHICULAR AC PAVEMENT
1 1/2" = 1'-0"1
ASPHALT CONCRETE (AC)
CLASS II AGGREGATE BASE (AB)
COMPACT TO 95% RC
TOP NATIVE MATERIAL
SCARIFY AND RECOMPACT
TO 95% RC
EX NATIVE MATERIAL
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STATION (FEET)
490
500
510
520
530
490
500
510
520
530
0+00 0+40
S2.0
JHR
BR
20144
IN
B
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D
W
A
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P
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F
I
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CHECKED BY:
DRAWN BY:
SHEET
DE
S
C
R
I
P
T
I
O
N
43210
RE
V
.
BY
D
A
T
E
JOB NUMBER:
by MME, INC. Engineer retains all right and title. No part may be reproduced in any fashion or medium without the express written permission of the Engineer.These drawings are Instruments of Service, issued for a one-time, single use by the Owner. The entire contents of these Drawings are Copyright c 2022
BI
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6
Robert Riley
SCALE:
INBOARD WALL A PROFILE
1" = 5'
1 2 3 4
5
3
1
4
6
WALL DATA
PILE NUMBER
TOP OF SOLDIER PILE ELEV (FT)512.00 512.00 511.00 511.00
SOLDIER PILE SHAPE W12x45 W12x45 W12x45 W12x45
PILE DIAMETER (IN)24 24 24 24
BOTTOM OF WALL ELEVATION (FT)507.00 506.00 506.00 506.00
BOTTOM OF DRILLED HOLE ELEVATION (FT)494.00 493.00 493.00 493.00
1 2 3 4
INBOARD SOLDIER PILE WALL A AND B SOIL PARAMETERS:
LATERAL ACTIVE PRESSURES:
3:1 BACKSLOPE: Pa = 46 psf/ft
2.5:1 BACKSLOPE: Pa = 55 psf/ft
2:1 BACKSLOPE: Pa = 65 psf/ft
PASSIVE PRESSURES:
Pp = 0 psf/ft FOR UPPER 4'
Pp = 500 psf/ft FOR BELOW 4'
OUTBOARD PIN PILE WALL C SOIL PARAMETERS:
LATERAL ACTIVE PRESSURE: 40 psf/ft
VEHICULAR SURCHARGE PRESSURE: 250psf/ft
SEISMIC LOADING: 22H2
PASSIVE PRESSURE: 500 psf/ft
625 psf/ft FOR SEISMIC LOADING
SEE SHEET S3.0 FOR MATERIAL SPECIFICATIONS
GENERAL DESIGN NOTES
2
7
8'-2" TYP.
SHEET NOTES
EXISTING GRADE AT BACK OF WALL
TOP OF SOLDIER PILE, TYP
BOTTOM OF WALL, TYP (* SEE NOTE BELOW)
CONCRETE LAGGING, TYP
CONCRETE PILE, TYP
FINISHED GRADE IN FRONT OF WALL - 9' OFFSET OF
CENTERLINE. ASPHALT CURB NOT SHOWN
BOTTOM OF DRILLED HOLE, TYP
PERFORATED PLASTIC PIPE, DAYLIGHT AT END OF WALL WITH
A 90° BEND AND ENCASE IN CONCRETE - 24" WIDE x 12" HIGH x
24" DEEP
1
2
3
4
5
6
7
8
NOTE: WHERE LAGGING IS STEPPED PER 6/S3.0, THE BOTTOM
OF WALL ELEVATION IS FOR THE LOWER SIDE
8
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STATION (FEET)
470
480
490
500
510
470
480
490
500
510
0+00 1+00 1+10
S2.1
JHR
BR
20144
IN
B
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F
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CHECKED BY:
DRAWN BY:
SHEET
DE
S
C
R
I
P
T
I
O
N
43210
RE
V
.
BY
D
A
T
E
JOB NUMBER:
by MME, INC. Engineer retains all right and title. No part may be reproduced in any fashion or medium without the express written permission of the Engineer.These drawings are Instruments of Service, issued for a one-time, single use by the Owner. The entire contents of these Drawings are Copyright c 2022
BI
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1
8
6
Robert Riley
SCALE:
INBOARD WALL B PROFILE
1" = 5'
INBOARD SOLDIER PILE WALL "A" AND "B" SOIL PARAMETERS:
LATERAL ACTIVE PRESSURES:
3:1 BACKSLOPE: Pa = 46 psf/ft
2.5:1 BACKSLOPE: Pa = 55 psf/ft
2:1 BACKSLOPE: Pa = 65 psf/ft
PASSIVE PRESSURES:
Pp = 0 psf/ft FOR UPPER 4'
Pp = 500 psf/ft FOR BELOW 4'
OUTBOARD SHEAR PIN WALL "C" SOIL PARAMETERS:
LATERAL ACTIVE PRESSURE: 40 psf/ft
VEHICULAR SURCHARGE PRESSURE: 250psf/ft
SEISMIC LOADING: 22H2
PASSIVE PRESSURE: 500 psf/ft
625 psf/ft FOR SEISMIC LOADING
SEE SHEET S3.0 FOR MATERIAL SPECIFICATIONS
GENERAL DESIGN NOTES
WALL DATA
PILE NUMBER
TOP OF PILE ELEV (FT)503.00 503.00 502.00 501.00 500.00 499.00 498.00 498.00 498.00 498.00 498.00 496.00 494.00
SOLDIER PILE SHAPE W12x45 W12x45 W12x45 W12x45 W12x45 W12x45 W12x45 W12x45 W12x45 W12x45 W12x45 W12x45 W12x45
PILE DIAMETER (IN)24 24 24 24 24 24 24 24 24 24 24 24 24
BOTTOM OF WALL ELEVATION (FT)497.00 496.00 496.00 495.00 494.00 493.00 492.00 492.00 491.00 491.00 490.00 490.00 490.00
PILE TIP ELEVATION (FT)484.00 483.00 483.00 482.00 481.00 480.00 479.00 479.00 478.00 478.00 477.00 477.00 477.00
5 6 7 8 9 10 11 12 13 14 15 16 17
5 6 7 8 9 10 11 12 13 14 15 16 17
5
3
4
6
1
2
7
8'-2" TYP.
SHEET NOTES
EXISTING GRADE AT BACK OF WALL
TOP OF SOLDIER PILE, TYP
BOTTOM OF WALL, TYP (* SEE NOTE BELOW)
CONCRETE LAGGING, TYP
CONCRETE PILE, TYP
FINISHED GRADE IN FRONT OF WALL - 9' OFFSET OF
CENTERLINE. ASPHALT CURB NOT SHOWN
BOTTOM OF DRILLED HOLE, TYP
PERFORATED PLASTIC PIPE, DAYLIGHT AT END OF WALL WITH
A 90° BEND AND ENCASE IN CONCRETE - 24" WIDE x 12" HIGH x
24" DEEP
1
2
3
4
5
6
7
8
NOTE: WHERE LAGGING IS STEPPED PER 6/S3.0, THE BOTTOM
OF WALL ELEVATION IS FOR THE LOWER SIDE
8
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STATION (FEET)
450
460
470
480
490
500
510
520
450
460
470
480
490
500
510
520
0+40 1+00 2+00 2+40
S2.2
BR
DH
20144
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CHECKED BY:
DRAWN BY:
SHEET
DE
S
C
R
I
P
T
I
O
N
43210
RE
V
.
BY
D
A
T
E
JOB NUMBER:
by MME, INC. Engineer retains all right and title. No part may be reproduced in any fashion or medium without the express written permission of the Engineer.These drawings are Instruments of Service, issued for a one-time, single use by the Owner. The entire contents of these Drawings are Copyright c 2022
BI
D
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2
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SCALE:
OUTBOARD WALL C PROFILE
1" = 10'
18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42
4
2
3
6
WALL DATA
PILE NUMBER
PILE DIAMETER (IN)30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30
TOP OF GRADE BEAM (FT)506.73 506.31 505.90 505.49 504.85 504.19 503.53 502.87 502.21 501.55 500.89 500.23 599.57 498.90 498.24 497.58 496.92 496.26 495.60 494.94 494.28 493.62 493.19 492.76 492.34
TOP OF PILE ELEVATION (FT)502.73 502.31 501.90 501.49 500.85 500.19 499.53 498.87 498.21 497.55 496.89 496.23 495.57 494.90 494.24 493.58 492.92 492.26 491.60 490.94 490.28 489.62 489.19 488.76 488.34
PILE TIP ELEVATION (FT)477.73 477.31 476.90 476.49 475.85 575.19 475.53 473.87 473.21 572.55 471.89 471.23 470.57 469.90 469.24 468.58 467.92 467.26 466.60 465.94 465.28 464.62 464.19 463.76 463.34
18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42
SHEET NOTES
EXISTING GRADE AT C OF PILE/GRADE BEAM
TOP OF PILE = TOP OF DRILLED HOLE, TYP
TYPE 842 CONCRETE BARRIER, TYP
CONCRETE PIN PILE, TYP
PILE TIP = BOTTOM OF DRILLED HOLE, TYP
TOP OF GRADE BEAM, TYP
(E) STORM DRAIN - POTHOLE TO DETERMINE LOCATION
1
2
3
4
5
6
7
L INBOARD SOLDIER PILE WALL A AND B SOIL PARAMETERS:
LATERAL ACTIVE PRESSURES:
3:1 BACKSLOPE: Pa = 46 psf/ft
2.5:1 BACKSLOPE: Pa = 55 psf/ft
2:1 BACKSLOPE: Pa = 65 psf/ft
PASSIVE PRESSURES:
Pp = 0 psf/ft FOR UPPER 4'
Pp = 500 psf/ft FOR BELOW 4'
OUTBOARD SHEAR PIN PILE WALL C SOIL PARAMETERS:
LATERAL ACTIVE PRESSURE: 40 psf/ft
VEHICULAR SURCHARGE PRESSURE: 250 psf
SEISMIC LOADING: 22H2 lbs
PASSIVE PRESSURE: 500 psf/ft
625 psf/ft FOR SEISMIC LOADING
SEE SHEET S3.0 FOR MATERIAL SPECIFICATIONS
GENERAL DESIGN NOTES
5
6'-0" TYP.
16" MIN
7
24 SPACES AT 6'-0" = 144 FT,
MEASURED ALONG CENTERLINE OF PILESREFER TO SHEET C1.0
FOR PILE LOCATION
COORDINATES
1'-6"1'-6"
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SCALE:
ALTERNATIVE SPACER DETAIL
3" = 1'-0"5
3"
12"
3"
1/
2
"
(2) 3/16" Ø x 1 1/4" CONCRETE
SCREWS (FLAT HEAD) HDG OR WITH
CLIMASEAL FASTENER FINISH
HIGH DENSITY
POLYETHYLENE
4 1/
2
"
SCALE:
DRILLED HOLE/SOLDIER PILE
1 1/2" = 1'-0"2
STEEL SOLDIER PILE
CENTERED IN DRILLED HOLE.
ORIENTATION PER PLAN.
DIAMETER PER WALL SCHEDULES
ON SHEET S2.0 AND SHEET S2.1
TYPICAL, UNO
DRILLED HOLE
3
"
C
L
R
M
I
N
UNDERCOAT ALL SIDES
NOTE:
1. CLEAN AND PAINT FROM TOP OF STEEL TO 5 FEET BELOW CONCRETE
CONCRETE BACKFILL
SCALE:
PRECAST CONCRETE LAGGING
1 1/2" = 1'-0"4
6"
1'
-
0
"
(2) #5 CONT BARS CENTERED IN
WIDTH OF LAGGING
PRE-CAST MANUFACTURER TO FORM
4 12" x 18" x 1/2" SPACER ON END OF
LAGGING TO CREATE GAP. ALTERNATIVE
SPACER - 1/2" x 18" HIGH DENSITY
POLYETHYLENE SPACER, (2) TOTAL
BETWEEN LAGGING MEMBERS. SECURE AT
EA. END OF LAGGING WITH TWO
CONCRETE SCREWS PER 5/S3.0 TYP.
PRECAST CONCRETE LAGGING
2"
CL
R
NOTE:
1. FIELD CUTTING OF LAGGING TO LENGTH IS NOT RECOMMENDED. SHOULD CUTTING
BECOME NECESSARY, EXPOSED STEEL REINFORCING SHALL BE REMOVED TO 112" FROM
FACE OF CONCRETE. FILL VOID WITH HAND PACKED GROUT FOR PROTECTIVE COVER.
¾" CHAMFERED CORNERS, TYP
SCALE:
SHEET NOTES AND MATERIAL SPECIFICATIONS 7NTS
MATERIAL SPECIFICATIONS
CONCRETE
BACKFILL FOR SOLDIER PILES f'c = 3,600 PSI
ALL OTHER CONCRETE f'c = 4,000 PSI
STRUCTURAL STEEL
SOLDIER PILES Fy = 50,000 PSI
SPECIAL INSPECTION
SPECIAL INSPECTION IS REQUIRED FOR THE PRECAST CONCRETE LAGGING AT THE FABRICATION SITE
1'
-
6
"
FR
E
E
B
O
A
R
D
MI
N
.
STEEL SOLDIER PILE PER WALL
SCHEDULES ON SHEET S2.0 AND
SHEET S2.1
MATCH (E) GRADE
3
S3.0
DRILLED HOLE
DEPTH AND DIAMETER PER WALL
SCHEDULES ON SHEET S2.0 AND
SHEET S2.1
3"
CL
E
A
R
2
S3.0
(E) GRADE
BEDROCK, SEE GEOTECHNICAL
INVESTIGATION REPORT FOR MORE
INFORMATION
TOP OF PILE
FINISH GRADE AT
BACK OF WALL
SCALE:3/4" = 1'-0"1SECTION - SOLDIER PILE
(N) PAVING, SEE
DET. 1/C4.0
GA
P
TY
P
BOTTOM OF
DRILLED HOLE
ELEVATION
COMPACTED FILL
PI
L
E
L
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PRECAST CONCRETE LAGGING
WITH SPACERS PER DETAIL 4/S3.0,
TYP.
NATIVE FILL
MIRAFI G200N GEOCOMPOSITE
WALL DRAIN OR EQUIVALENT
GEOTEXTILE FABRIC,
OVERLAP WITH PANEL DRAIN
CONTINUOUS 3" DIA MIN SCHED
40 SMOOTH WALL PERFORATED
PLASTIC PIPE. PLACE PIPE WITH
PERFORATIONS DOWN
KEEPER PLATE WHERE LAGGING IS
EXPOSED PER DETAIL 3/S3.0, TYP
SOLDIER PILE
TIP ELEVATION
CONCRETE BACKFILL
4'
-
6
"
M
A
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2
.
0
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.
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'
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"
M
A
X
BOTTOM OF
WALL ELEVATION
BE
D
R
O
C
K
212" BEARING MIN,
TYP
1/4" GAP MIN, TYP
RETAINED EARTH SIDE.
SOIL NOT SHOWN
38"x3" KEEPER PLATE
PLACE AT TOP OF PILE IN
LOCATIONS WHERE MORE
THAN 12 OF THE LAGGING IS
ABOVE GRADE
SPACERS PER DET.
4/S3.0
PRECAST CONCRETE LAGGING
NOTE: SOIL NOT SHOWN FOR CLARITY
SCALE:
SECTION - SOLDIER PILELAGGING SUPPORT DETAIL 33/4" = 1'-0"
14"
G
A
P
1/4 1" - 12"
CLSOLDIER PILE
CL
SOLDIER PILE
GA
P
8'-2" TYPICAL
212" BEARING MIN,
TYP
BOTTOM
OF WALL
SCALE:
PRECAST CONCRETELAGGING ELEVATION 63/4" = 1'-0"
WHERE STEPPING IS REQUIRED
THE BOTTOM OF WALL ELEVATION
IN WALL PROFILE TABLES IS THE
LOWER STEP ELEVATION POURED
CONCRETE BACKFILL
SPACER PER 4/S3.0
TOP OF CONCRETE BACKFILL PLACED IN
DRILLED HOLE AROUND STEEL SOLDIER PILE
BOTTOM PIECE OF LAGGING TO BEAR
ON TOP OF CONCRETEPR
E
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A
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A
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STEP TOP OF CONCRETE
BACKFILL WHERE BOTTOM
OF WALL STEPS, TYP
CHECKED BY:
DRAWN BY:
SHEET
DE
S
C
R
I
P
T
I
O
N
43210
RE
V
.
BY
D
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T
E
JOB NUMBER:
by MME, INC. Engineer retains all right and title. No part may be reproduced in any fashion or medium without the express written permission of the Engineer.These drawings are Instruments of Service, issued for a one-time, single use by the Owner. The entire contents of these Drawings are Copyright c 2022
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S3.0
JHR
BR
20144
IN
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SCALE:
TYPICAL PILE SPLICE 43/4" = 1'-0"
ONE ADDITIONAL TIE AT
END OF LAP SPLICE
NOTE:
1. REBAR SPLICES ARE AT THE OPTION OF THE CONTRACTOR. ONE SPLICE LOCATION PER
PILE. PLACE SPLICE IN LOWER 12 OF PILE DEPTH
2. NOT ALL VERTICAL BARS ARE SHOWN FOR CLARITY. SIMILAR FOR OTHER VERTICAL BARS
2"
M
A
X
PI
L
E
R
E
B
A
R
S
P
L
I
C
E
,
SE
E
S
C
H
E
D
U
L
E
ONE ADDITIONAL TIE AT
TOP OF LOWER CAGE
6 MIN
1
MAXIMUM BEND SLOPE 1:6,
SLOPING BAR SHALL NOT
EXTEND INTO LAP LENGTH
VERTICAL REBAR
AND TIES
3B
S3.1
2"
M
A
X
1'
-
0
"
START OF BEND SLOPE
DETAIL 3A:
TYP VERT PILE REINFORCING
TERMINATION IN GRADE BEAM
DETAIL 3B:
TYP PILE SECTION
SCALE:
CONCRETE PILE SECTIONW/ & W/O VEHICLE BARRIERS 3NOT TO SCALE
EVERY OTHER BAR SHALL BE HEADED
(BARTEC END ANCHOR) AT POINT OF
TERMINATION IN GRADE BEAM
2'-6"
(14) #11
#4 SPIRAL @ 4" PITCH
EXTEND ALL BARS TO TOP OF GRADE
BEAM (- 6" CLEAR) PER SECTION
PILE BELOW
GRADE BEAM
3"
CLR
CANTILEVER SLABGRADE BEAM
3"
GRADE BEAM STIRRUPS START
EACH SIDE OF PILE
GRADE BEAM REINFORCEMENT,
CONTINUOUS OVER PILE. ADJUST
SPACING TO MISS VERTICAL PILE
REINFORCEMENT
2" ID INSPECTION TUBE,
TWO TOTAL ON
OPPOSITE SIDES OF PILE
SLAB REINFORCEMENT.
ADJUST SPACING TO
MISS VERTICAL
REINFORCEMENT
FROM PILE
#6 @ 6" W/ STD HOOK
EACH END
SCALE:
SECTION 23/4" = 1'-0"
3" CLR, TYP
4'
-
0
"
3'-0"
2% SLOPE
(4) #7 TOP & BOTTOM
(INCLUDES CORNER BARS)
#5 STIRRUP @ 5" ON CENTER
#6 @ 10" CONTINUOUS, TOP
AND BOTTOM
4"
3'
-
6
"
1'
-
2
"
4'-4" TYP 1'-9"
2'-10"CENTER LINE OF
GRADE BEAM AND PILE
#6 @ 12" W/ STD HOOK
EACH END 5'-2"
5'-2"
TOP OF GRADE BEAM
@ CL OF GRADE BEAM
6"
34" DRIP GROOVE
START SLAB SLOPE
1'
-
6
"
#5 CONTINUOUS
NOTE: NOT ALL REINFORCEMENT IN BARRIER SHOWN. SEE CALTRANS DETAIL
FOR ADDITIONAL INFORMATION
CONCRETE BARRIER
(4) #7 EQUALLY SPACED(4) #7 EQUALLY
SPACED
HOOK EXTENSION
TYPICAL 90°
HOOK
PLAN AT SINGLE LAYER
D
=
6
D
I
A
12 DIA
4*
D
I
A
,
2.
5
"
M
I
N
6*D
I
A
,
3" M
I
N
CLASS "B" LAP SPLICE, PER 2019 CBC
#3 0.375" 22" 28"
#4 0.500" 29" 37"
#6 0.750" 43" 56"
#7 0.875" 63" 81"
#8 1.000" 72" 93"
#5 0.625" 36" 47"
TYPICAL 135° HOOK
FOR STIRRUPS AND
TIES
SIZE
SPECIFIED CLR
STD 90° HOOK, TYP
SINGLE CURTAIN REINFORCEMENT
BAR
CLEARANCE FROM OUTSIDE
PLAN AT DOUBLE LAYER
FACE, TYP
PLACE HOOK AT SPECIFIED
TYPICAL
OFFSET
LA
P
DIA BARS
BAR BOT
12
1
D=6*DIA
STD 90° HOOK
DOUBLE CURTAIN REINFORCEMENT
TYPICAL 180° HOOK
D=6*DIASTD 90° HOOK
#9 1.128" 81" 105"
BARS
TOP
SCALE:
TYP REINF - CONCRETE
NTS 5
#11 1.410" 87" 113"
SCALE:
SECTION 13/4" = 1'-0"
3B
S3.1
2
S3.1GRADE BEAM AND SLAB
CENTER LINE OF
GRADE BEAM AND PILE
EXTEND VERTICAL BARS TO
UNDERSIDE OF GRADE
BEAM REINFORCEMENT
3A
S3.1
PROVIDE THREE COMPLETE
TURNS OF SPIRAL
REINFORCEMENT AT TOP
AND BOTTOM
REINFORCED CAST-IN-PLACE
CONCRETE PILE
TOP OF GRADE BEAM
@ CL OF GRADE BEAM
TOP OF PILE
PILE TIP ELEVATION
3"START OF PILE SPIRAL
REINFORCEMENT
3"
6"
C
L
E
A
R
B11-82
C4.0TYPE 842
CONCRETE BARRIER
SP
I
R
A
L
PI
T
C
H
4
S3.1 OPTIONAL VERTICAL
REBAR SPLICE. PLACE
IN LOWER 12 OF
EMBEDMENT DEPTH
OF PILE.
EVERY OTHER BAR SHALL
BE HEADED (BARTEC END
ANCHOR) AT POINT OF
TERMINATION IN GRADE
BEAM. SEE NOTES
NOTE: BARTEC END ANCHOR (BEASC #11). MANUFACTURED BY DEXTRA
MANUFACTURING CO. OR APPROVED EQUAL.
STORM DRAIN, SEE CIVIL PLAN
FOR APPROXIMATE LOCATION.
POTHOLE TO LOCATE PRIOR
TO DRILLING PILE. PROVIDE 6"
MIN CLEARANCE TO DRILLED
PILE
B11-81
C4.0
THE UPPER PORTION OF
THE DRILLED HOLES MAY
REQUIRE FORMING TO
AVOID MUSHROOMING. SEE
GEOTECHNICAL REPORT
FOR MORE INFORMATION.
CHECKED BY:
DRAWN BY:
SHEET
DE
S
C
R
I
P
T
I
O
N
43210
RE
V
.
BY
D
A
T
E
JOB NUMBER:
by MME, INC. Engineer retains all right and title. No part may be reproduced in any fashion or medium without the express written permission of the Engineer.These drawings are Instruments of Service, issued for a one-time, single use by the Owner. The entire contents of these Drawings are Copyright c 2022
BI
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T
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S3.1
BR
DH
20144
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Regnart Phase 1 Final Plans
Final Audit Report 2023-04-27
Created:2023-04-27
By:Julia Kinst (juliak@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAZN54Sl5nkVEKXwxiaWy3vUxyAZaUO8H0
"Regnart Phase 1 Final Plans" History
Document created by Julia Kinst (juliak@cupertino.org)
2023-04-27 - 5:27:31 PM GMT- IP address: 98.97.58.121
Document emailed to Chad Mosley (chadm@cupertino.org) for signature
2023-04-27 - 5:43:28 PM GMT
Email viewed by Chad Mosley (chadm@cupertino.org)
2023-04-27 - 6:21:22 PM GMT- IP address: 104.47.74.126
Document e-signed by Chad Mosley (chadm@cupertino.org)
Signature Date: 2023-04-27 - 6:21:49 PM GMT - Time Source: server- IP address: 64.165.34.3
Agreement completed.
2023-04-27 - 6:21:49 PM GMT