21-011 J Marez Ocean Plumbling Construction, Plumbing Installation for Fleet Shop Hose ReelsPublic Works Project: Plumbing installation for Fleet Shop hose reels
Public Works Contract $60,000 / April 2020
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PUBLIC WORKS CONTRACT
$60,000 OR LESS
1. PARTIES
This public works contract (“Contract”) is made by and between the City of Cupertino (“City”), and
J.Marez / Ocean Plumbing Construction, a Sole Proprietorship/Individual (“Contractor”) for Plumbing
installation for Fleet Shop hose reels, and is effective on the last date signed below (“Effective Date”).
2. SCOPE OF WORK
Contractor will perform and provide all labor, materials, equipment, supplies, transportation and any
other items or work necessary to perform and complete the work required for the Project (“Work”),
as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance
with the terms and conditions of this Contract. Contractor further agrees to carry out its work in
compliance with the City’s Shelter In Place and Social Distancing Requirements, attached here and
incorporated as Exhibit A-A.
3. TIME FOR COMPLETION
3.1 Term. This Contract begins on the Effective Date and ends on May 31, 2021 (“Contract
Time”) unless terminated earlier as provided herein. Contractor’s Work shall begin on the date
shown on a written Notice to Proceed (“NTP”) and must be fully completed within the Contract
Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue
a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of
insurance and any performance and payment bonds that may be required. The Director of Public
Works may authorize the extension of the Contract Time by up to sixty (60) calendar days through a
written amendment to this Agreement, provided such extension does not include additional contract
funds.
3.2 Time is of the essence for Contractor’s performance and completion of the Work.
Contractor must have sufficient time, resources, and qualified staff to deliver the work on time.
3.3 Liquidated damages of $200.00 will be charged for each day of unexcused delay, or City may
deduct the amount from Contractor’s payments. Liquidated damages are based on reasonably
foreseeable consequences of delay and may include intangible losses which the Parties agree may be
difficult to ascertain, such as loss of public confidence in City and its contractors, interference or loss
of use of public facilities, and extended disruption to the public.
4. COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the
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Work an amount that will based on actual costs but that will be capped so as not to exceed
$17,925.00 (“Contract Price”), for all of Contractor’s direct and indirect costs, including all labor,
materials, supplies, equipment, taxes, insurance, bonds, and all overhead costs.
4.2 Invoices and Payments. Contractor must submit an invoice on the first day of each month,
describing the Work performed during the preceding month, itemizing labor, materials, equipment
and any incidental costs incurred. Contractor will be paid ninety-five percent (95%) of the undisputed
amounts billed within thirty (30) days after City receives a properly submitted invoice. Any retained
amounts will be included with Contractor’s final payment within sixty (60) days of City’s acceptance
of the Work as complete.
5. INDEPENDENT CONTRACTOR
5.1 Status. Contractor is an independent contractor and not an employee of City. Contractor is
solely responsible for the means and methods of performing the Work and for the persons under
this employment. Contractor is not entitled to worker’s compensation or any other City benefits.
5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that
they have the qualifications and skills to perform the Work in a competent and professional manner and
according to the highest standards and best practices in the industry.
5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they
are properly licensed, registered, and/or certified to perform the Work as required by law, and have
procured a City Business License, if required by the Cupertino Municipal Code. Contractor shall
possess a California Contractor’s License in good standing for the following classification(s): C-36,
which must remain valid for the entire Contract Time.
5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Contract.
Prior written approval from City is required for any subcontractor, and the terms and conditions of
this Contract will apply to any approved subcontractor.
5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and
equipment required to perform the Work under this Contract.
5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor
and any of its employees, agents, and subcontractors shall not have any claim under this Agreement
or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off,
overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability,
unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely
liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable
to Contractor’s business including, but not limited to, federal and state income taxes. City shall
have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor.
Should any court, arbitrator, or administrative authority, including but not limited to the California
Public Employees Retirement System (PERS), the Internal Revenue Service or the State
Employment Development Division, determine that Contractor, or any of its employees, agents, or
subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts
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payable under this Agreement, or to promptly remint to City any payments due by the City as a
result of such determination, so that the City’s total expenses under this Agreement are not greater
than they would have been had the determination not been made.
6. CHANGE ORDERS
Amendments and change orders must be in writing and signed by City and Contractor. Contractor’s
request for a change order must specify the proposed changes in the Work, Contract Price, and
Contract Time. Each request must include all the supporting documentation, including but not
limited to plans/drawings, detailed cost estimates, and impacts on schedule and completion date.
7. ASSIGNMENTS; SUCCESSORS
Contractor shall not assign, hypothecate, or transfer this Contract or any interest therein, directly or
indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do
so will be null and void. Any changes related to the financial control or business nature of Contractor
as a legal entity is considered an assignment of the Contract and subject to City approval, which
shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power
of the business entity. This Contract is binding on Contractor, its heirs, successors, and permitted
assigns.
8. PUBLICITY / SIGNS
Any publicity generated by Contractor for the Project during the Contract Time, and for one (1) year
thereafter must credit City contributions to the Project. The words “City of Cupertino” must be
displayed in all pieces of publicity, flyers, press releases, posters, brochures, interviews, public service
announcements, and newspaper articles. No signs may be posted or displayed on or about City
property, except signage required by law or this Contract, without prior written approval from the City.
9. SUBCONTRACTORS
9.1 Contractor must perform all the Work with its own forces, except that Contractor may hire
qualified subcontractors to perform up to 25% of the Work, provided that each subcontractor is
required by contract to be bound by the provisions of this Contract. Contractor must provide City
with written proof of compliance with this provision upon request.
9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on
the Project, if City in its sole discretion determines that subcontractor’s Work falls short of the
requirements of this Contract or constitutes grounds for rejection under the Public Contract Code. If
City rejects a subcontractor, Contractor at its own expense must perform the subcontractor’s Work or
hire a new subcontractor that is acceptable to City. A Notice of Completion must be recorded within
fifteen (15) days after City accepts the Work if the Contract involves work by subcontractors.
10. RECORDS AND DAILY REPORTS
10.1 Contractor must maintain daily reports of the Work and submit them to City upon request and
at completion of Project. The reports must describe the Work and specific tasks performed, the number
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of workers, the hours, the equipment, the weather conditions, and any circumstances affecting
performance. City will have ownership of the reports, but Contractor will be permitted to retain copies.
10.2 If applicable, Contractor must keep a separate set of as-built drawings showing changes and
updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale must
be identified for all major components of the Work, including mechanical, electrical and plumbing
work; HVAC systems; utilities and utility connections; and any other components City determines
should be included in the final drawings of the Project. Deviations from the original drawings must be
shown in detail, and the location of all main runs, piping, conduit, ductwork, and drain lines must be
shown by dimension and elevation.
10.3 Contractor must maintain complete and accurate accounting records of its Work, in accordance
with generally accepted accounting principles, which must be available for City review and audit, kept
separate from other records, and maintained for four (4) years from the date of City’s final payment.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active
negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold
harmless City, its City Council, boards and commissions, officers, officials, employees, agents,
servants, volunteers and consultants (“Indemnitees”), through legal counsel acceptable to City, from
and against any and all liability, damages, claims, stop notices, actions, causes of action, demands,
charges, losses and expenses (including attorney fees, legal costs, and expenses related to litigation
and dispute resolution proceedings), of every nature arising directly or indirectly from this Contract or
in any manner relating to any of the following:
(a) Breach of contract, obligations, representations or warranties;
(b) Performance or nonperformance of the Work or of any obligations under the Contract
by Contractor, its employees, agents, servants, subcontractors or subcontractors;
(c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for
Work performed on or off the Project Site; and
(d) Personal injury, property damage, or economic loss resulting from the work or performance
of Contractor or its subcontractors or sub-subcontractors.
11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a
tender of defense upon receiving notice from City of a third-party claim, in accordance with
California Public Contract Code Section 9201. At City’s request, Contractor will assist City in the
defense of a claim, dispute, or lawsuit arising out of this Contract.
11.3 Contractor’s duties under this entire Section 11 are not limited to Contract Price, Workers’
Compensation, or other employee benefits, or the insurance and bond coverage required in this
Contract. Nothing in the Contract shall be construed to give rise to any implied right of indemnity
in favor of Contractor against City or any other Indemnitee.
11.4 Contractor’s payments may be deducted or offset to cover any money the City lost due to
a claim or counterclaim arising out of this Contract, a purchase order or other transaction.
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11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this Section 11 from each and every subcontractor, or any other person or
entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.
Failure of City to monitor compliance with these requirements imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder.
11.6 This Section 11 shall survive termination of the Contract.
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit
B. Contractor must provide satisfactory proof of insurance and maintain it for the Contract Time or
longer as required by City. City will not execute the Contract until City has approved receipt of
satisfactory certificates of insurance and endorsements evidencing the type, amount, class of
operations covered, and the effective and expiration dates of coverage. Failure to comply with this
provision may result in City, at its sole discretion and without notice, purchasing insurance at
Contractor’s expense, deducting the costs from Contractor’s compensation, or terminating the
Contract.
13. COMPLIANCE WITH LAWS
13.1 General Laws. Contractor shall comply with all laws and regulations applicable to this
Contract. Contractor will promptly notify City of changes in the law or other conditions that may
affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the
employment status of employees performing the Work, as required by the Immigration Reform and
Control Act
13.2 Labor Laws.
(a) The following provisions apply to contracts of $1,000 or more:
(i) In General. For purposes of California labor law, this is a public works
contract subject to the provisions of Part 7 of Division 2 of the California Labor
Code (Sections 1720 et seq.). In accordance with Labor Code Section 1771,
Contractor and all subcontractors shall pay not less than current prevailing
wage rates as determined by the California Department of Industrial Relations
(“DIR”) to all workers employed on this project. In accordance with Labor
Code Section 1815, Contractor and all subcontractors shall pay all workers
employed on this project 1 ½ the basic rate of pay for work performed in excess
specified hour limitations. The work performed pursuant to this Contract is
subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
(ii) Registration. Contractor and all subcontractors shall not engage in the
performance of any work under this Contract unless currently registered and
qualified to perform public work pursuant to section 1725.5 of the California
Labor Code. Contractor represents and warrants that it is registered and
qualified to perform public work pursuant to section 1725.5 of the Labor Code
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and will provide its DIR registration number, along with the registration
numbers of any subcontractors as required, to the City.
(iii) Posting. Contractor shall post at the job site the determination of the DIR
director of the prevailing rate of per diem wages together with all job notices
that are required by regulations of the DIR.
(iv) Reporting. Contractor and any subcontractors shall keep accurate payroll
records in accordance with Section 1776 of the Labor Code and shall furnish
the payroll records directly to the Labor Commissioner in accordance with the
law.
(v) Report on Prevailing Rate of Wages. The City has obtained the general
prevailing rate of per diem wages in the vicinity of the project for each type of
worker needed, a copy of which is on file at the City of Cupertino City Hall,
and shall be made available to any interested party upon request.
(vi) Employment of Apprentices. Contractor’s attention is directed to the
provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the
employment of apprentices by the Contractor or any subcontractor. It shall be
the responsibility of the Contractor to effectuate compliance on the part of itself
and any subcontractors with the requirements of said sections in the
employment of apprentices. Information relative to apprenticeship standards,
wage schedules, and other requirements may be obtained from the Director of
Industrial Relations, ex-officio the Administrator of Apprenticeship, San
Francisco, California, or from the Division of Apprenticeship Standards and its
branch offices.
(vii) Penalties. Contractor’s attention is directed to provisions in Labor Code
Sections 1775 and 1813. In accordance with Labor Code Section 1775,
Contractor and subcontractors may be subject to penalties for Contractor’s
and subcontractors’ failure to pay prevailing wage rates. In accordance with
Labor Code Section 1813, Contractor or subcontractors may be subject to
penalties for Contractor’s or subcontractors’ failure to pay overtime pay rates
for hours worked by workers employed on this project in excess specified
hour limitations.
(b) Contractor must compensate workers who are paid less than prevailing wages or required to
work more than a legal day’s work. Contractor will also be required to pay City a penalty of
$200.00 per worker for each day of violation.
(c) As required by Labor Code Section 1861, by signing this Contract Contractor certifies as
follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers’ compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the work of this contract.”
13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed,
color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex,
gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any
other protected classification. Contractor shall comply with all anti-discrimination laws, including
Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5.
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Consistent with City policy prohibiting harassment and discrimination, Contractor understands that
harassment and discrimination directed toward a job applicant, an employee, a City employee, or
any other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated.
13.4 Conflicts of Interest. Contractor, its employees, subcontractors, servants and agents, may not
have, maintain or acquire a conflict of interest in relation to this Contract in violation of law,
including Government Code section 1090 and Government Code section 81000 and their
accompanying regulations. No officer, official, employee, consultant, or other agent of the City (“City
Representative”) may have, maintain, or acquire a “financial interest” in the Contract, as that term is
defined by state law, or in violation of a City ordinance or policy while serving as a City
Representative or for one year thereafter. Contractor, its employees, subcontractors, servants, and
agents warrant they are not employees of City nor do they have any relationship with City officials,
officers, or employees that creates a conflict of interest. Contractor may be required to file a conflict
of interest form if it makes certain governmental decisions or serves in a staff capacity, as defined in
Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by City
rules governing gifts to public officials and employees.
13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City
suspending payments, requiring reimbursement, or terminating the Contract. City reserves all
rights and remedies under the law and this Contract, including seeking indemnification.
14. BONDS
For contracts of $25,000 or more, Contractor must obtain a payment bond and a performance bond,
each in the penal sum of 100% of the Contract Price, using the Bond Forms attached and incorporated
here as Exhibit C. Each bond must be issued by a surety admitted in California, with a financial rating
from A.M. Best Company of Class A- or higher, or as otherwise acceptable to City. If an issuing surety
cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety
acceptable to City within seven (7) calendar days after written notice from City. If Contractor fails to
do so, City may in its sole discretion and without prior notice, purchase bonds at Contractor’s expense,
deduct the cost from payments due Contractor, or terminate the Contract. City will not execute the
Contract nor issue the NTP until the required bonds are submitted.
15. UTILITIES, TRENCHING, AND EXCAVATION
15.1 Contractor must call the Underground Service Alert (“USA”) 811 hotline and request marking
of utility locations before digging or commencing Work. For underground service alerts for street
lighting and traffic signal conduits, City’s Service Center must be called at (408) 777-3269.
Government Code Section 4215 requires Contractor to notify City and Utility in writing if it
discovers utilities or utility facilities not identified in the Contract.
15.2 Pursuant to Government Code Section 7104, Contractor must stop work, notify City in
writing, and wait for instructions if one of the conditions below is found at the worksite. City will
work with Contractor to amend the Contract or issue a change order if the discovered conditions
materially change the Work/Performance, Contract Time or Contract Price.
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(a) Material believed to be hazardous waste under Health and Safety Code Section 25117, and
which requires removal to a Class I, Class II, or Class III disposal site pursuant to law;
(b) Subsurface or latent physical conditions at the Project worksite differing from those
indicated by information about the worksite made available to Contractor; and
(c) Unknown physical conditions at the Project worksite of any unusual nature, materially
different from those ordinarily encountered and from those generally recognized as
inherent in the character of the Work.
15.3 For contracts $25,000 or higher that require excavation or involve trenches five feet or more in
depth, Contractor must submit a detailed plan for City approval, per Labor Code Section 6705, prior
to commencing work. The plan must show the design of shoring, bracing, sloping, and other
provisions for worker protection from caving ground and other hazards. The protective system must
comply with all Construction Safety Orders. If the plan varies from shoring system standards, it must
be prepared by a registered civil or structural engineer.
16. URBAN RUNOFF MANAGEMENT
16.1 All Work must fully comply with federal, state, and local laws and regulations concerning
storm water management. Contractor must avoid creating excess dust when breaking asphalt or
concrete and during excavation and grading. If water is used for dust control, Contractor will use only
the amount of water necessary to dampen the dust. Contractor will take all steps necessary to keep
wash water out of the streets, gutters, and storm drains. Prior to the start of the Work, Contractor will
implement erosion and sediment controls to prevent pollution of storm drains, and must upgrade and
maintain these controls based on weather conditions or as otherwise required by City. These controls
must be in place during the entire Contract Time and must be removed at the end of construction and
completion of the Work. Such controls must include, but will not be limited to, the following
requirements:
(a) Install storm drain inlet protection devices such as sand bag barriers, filter fabric fences, and
block and gravel filters at all drain inlets impacted by construction. During the annual rainy
season, October 15 through June 15, storm drain inlets impacted by construction work must be
filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or
vacuum saw-cut slurry and remove from the Work site;
(b) Cover exposed piles of soil or construction material with plastic sheeting. Store all
construction materials in containers;
(c) Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm
drains prior to rain and at the end of each work day. When the Work is completed, wash the
streets, collect and dispose of the wash water offsite in lawful manner;
(d) After breaking old pavement, remove debris to avoid contact with rainfall/runoff;
(e) Maintain a clean work area by removing trash, litter, and debris at the end of each work
day and when Work is completed. Clean up any leaks, drips, and other spills as they occur.
16.2 These requirements must be used in conjunction with the California Stormwater Quality
Association and California Best Management Practices Municipal and Construction Handbooks,
local program guidance materials from municipalities, and any other applicable documents on
stormwater quality controls for construction. Contractor’s failure to comply with this Section will
result in the issuance of noncompliance notices, citations, Work stop orders and regulatory fines.
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17. PROJECT COORDINATION
City Project Manager. City assigns Ken Tanase as the City representative for all purposes under
this Contract, with authority to require compliance with the Scope of Work. City may substitute
Project Managers at any time and without prior notice to Contractor.
Contractor Project Manager. Subject to City approval, Contractor assigns Johnny Marez as its single
representative for all purposes under this Contract, with the responsibility to ensure progress with the
Work. Contractor’s Project Manager is responsible for coordinating and scheduling the Work and must
regularly update the City Project Manager about the status and any delays with the Work, consistent
with the Scope of Work. Any substitutions must be approved in writing by City.
18. ABANDONMENT AND TERMINATION
18.1 City may abandon or postpone the Project or parts therefor at any time. Contractor will be
compensated for satisfactory Work performed through the date of abandonment and will be given
reasonable time to close out the Work. With City’s pre-approval in writing, the time spent in closing
out the Work will be compensated up to ten percent (10%) of the total time expended in performing
the Work.
18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be paid
for satisfactory Work rendered through the termination date and will be given reasonable time to close
out the Work.
18.3 Final payment will not be made until Contractor delivers the Work and provides records
documenting the Work, products and deliverables completed. Nothing in the Section below is intended
to delay, abridge or bar City’s right under this Section.
19. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION
This Contract is governed by the laws of State of California. Venue for any legal action shall be the
Superior Court of the County of Santa Clara, California. The dispute resolution procedures of Public
Contract Code Section 20104, et seq., incorporated here by reference, apply to this Contract and
Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit,
Contractor must comply with the claim filing requirements of the California Government Code. If the
Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and
include detailed written findings of law and fact.
20. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or
other proceedings to enforce its rights or a judgment in connection with this Contract, the prevailing
party will be entitled to reasonable attorney fees and costs.
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21. SIGNS/ADVERTISEMENT
No signs may be displayed on or about City’s property, except signage which is required by law or by
the Contract, without City’s prior written approval as to size, design and location.
22. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Contract.
23. WAIVER
Neither acceptance of the Work nor payment thereof shall constitute a waiver of any contract
provision. City waiver of any breach shall not constitute waiver of another provision or breach.
24. WARRANTY
Contractor warrants that materials and equipment used will be new, of good quality, and free from
defective workmanship and materials, and that the Work will be free from material defects not
intrinsic in the design or materials. All Work, materials and equipment should pass to City free of
claims, liens or encumbrances. Contractor warrants the Work and materials for one year from the date
of City’s acceptance of the Work as complete (“Warranty Period”), except when a longer guarantee is
provided by a supplier, manufacturer or is required by this Contract. During the Warranty Period,
Contractor will repair or replace any Work defects or materials, including damage that arises from
Contractor’s Warranty Work, except any wear and tear or damage resulting from improper use or
maintenance.
25. ENTIRE CONTRACT
This Contract and the attachments, documents, and statutes attached, referenced, or expressly
incorporated herein, including authorized amendments or change orders constitute the final and
complete contract between City and Contractor with respect to the Work and the Project. No oral
contract or implied covenant will be enforceable against City. If there is any inconsistency between
any term, clause, or provision of the main Contract and any term, clause, or provision of the
attachments or exhibits thereto, the terms of the main Contract shall prevail and be controlling.
26. SEVERABILITY/PARTIAL INVALIDITY
If a court finds any term or provision of this Contract to be illegal, invalid, or unenforceable, the
legal portion of said provision and all other contract provisions will remain in full force and effect.
27. SURVIVAL
The contract provisions which by their nature should survive the Contract or Completion of Project,
including without limitation all provisions regarding warranties, indemnities, payment obligations,
insurance, and bonds, shall remain in full force and effect after the Work is completed or Contract
ends.
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28. INSERTED PROVISIONS
Each provision and clause required by law to be inserted in this Contract will be deemed to be
included and will be inferred herein. Either party may request an amendment to cure mistaken
insertions or omissions of required provisions.
29. CAPTIONS
The captions, titles, and headings in this Contract are for convenience only and may not be used in
the construction or interpretation of the Contract or for any other purpose.
30. COUNTERPARTS
This Contract may be executed in counterparts, each of which is an original and all of which
taken together shall form one single document.
31. NOTICES
All notices, requests, and approvals must be sent in writing to the persons below and will be
considered effective on the date of personal delivery, the date confirmed by a reputable
overnight delivery service, on the fifth (5th) calendar day after deposit in the United States
Mail, postage prepaid, registered or certified, or the next business day following electronic
submission:
To City of Cupertino:
Office of the City Manager
10300 Torre Ave.
Cupertino CA 95014
cc: Representative/Coordinator:
Ken Tanase
Email: kent@cupertino.org
To Contractor:
J.Marez / Ocean Plumbing Construction
5508 Round Tree Dr., Apt D,
Concord, CA 94521
cc: Representative/Coordinator:
Johnny Marez
Email: oceanplum@msn.com
32. VALIDITY OF CONTRACT
This Contract is valid and enforceable only if (a) it complies with the purchasing and contract
provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, (b) is signed by the City Manager
or an authorized designee, and (c) is approved for form by the City Attorney’s Office.
33. EXECUTION
The persons signing below warrant they have the authority to enter into this Contract and to
legally bind their respective Parties. If Contractor is a corporation, signatures from two officers
of the corporation are required pursuant to California Corporations Code Section 313.
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IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the Execution
Date first above written.
CITY OF CUPERTINO,
a Municipal Corporation
By: __________________________________
Title: ________________________________
Signature Date: _________________________
J.Marez / Ocean Plumbing Construction
By: __________________________________
Title: ________________________________
Signature Date: _________________________
APPROVED AS TO FORM:
By:
HEATHER M. MINNER
Cupertino City Attorney
ATTEST:
By:
KIRSTEN SQUARCIA
City Clerk
Date:
Owner
Jan 13, 2021
Heather M. Minner
Assistant Director of Public Works
Jan 21, 2021
Jan 21, 2021
EXHIBIT A
NOTE: $2,000.00 will be added to the compensation amount for unforeseen work.
Contractor shall notify City's project manager prior to starting on any unforeseen repairs.
Revised: July 13, 2020 – Public Works Contracts
1
Exhibit A-A – SHELTER IN PLACE AND SOCIAL DISTANCING REQUIREMENTS
A. Health Laws Acknowledged. It is acknowledged that Consultant’s/Contractor’s
(“Contractor”) duty to comply with Laws, as defined in Section 13 of the Contract/Agreement
(“Contract”), includes immediate compliance by Contractor and its subcontractors with the
restrictions on travel and the Social Distancing Requirements set forth in the most recent health
order issued by the County of Santa Clara Health Department in response to the COVID-19
pandemic, and any subsequent amendments or superseding orders thereto (the “Health
Order”), and any other local, state, or federal laws that have been or may be enacted in
response to the COVID-19 pandemic (collectively, “Health Laws”).
B. Health Order Compliance. Contractor shall comply with any restrictions on travel and social
distancing requirements in the Health Order when preforming work under this Contract. If a
scope of work item, notice to proceed, or work order under this Contract specifies work that
cannot be performed in compliance with the Health Order or other Health Laws, Contractor
shall refrain from conducting the work and immediately inform the City.
C. Individuals at High Risk of Severe Illness. Nothing in this Contract shall be interpreted to
require any person at high risk of severe illness from COVID-19 to leave their residence to
perform work under the Contract. Contractor will inform the City if other arrangements for the
work must be made, and City will do so, with no penalty to Contractor, although Contractor will
not be compensated for work performed by the City or third parties. Information from the
Center for Disease Control ("CDC") on "high risk" categories is available at the CDC's website at:
https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/people-at-higher-risk.html.
D. Health Order Requirements and Best Practices. Contractor will immediately undertake all
appropriate measures to ensure compliance with the Social Distancing Requirements in the
Health Order by all individuals on any project site or work area performing work under this
Contract, including Contractor's or any subcontractor's workers, employees, representatives,
vendors, or suppliers (collectively, "workers"), and shall maintain these measures for as long as
required by the Health Order or other Health Laws. In particular, Contractor must comply with
the provisions of the County’s Mandatory Directive for Construction Projects (attached hereto),
as applicable.
Further, as long as required by the operative Health Order or Mandatory Directive for
Construction Projects, or other Health Laws, these measures shall include, but are not limited
to, the following best practices:
1. Information. Inform all workers of the Social Distancing Requirements and these best
practices, including any updates or modifications, and require compliance as a condition
to being present on the project site or work area.
Revised: July 13, 2020 – Public Works Contracts
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2. Social Distancing Protocol. Fill out and submit the newest version of the Social
Distancing Protocol to the County, using the County’s online form available at
https://www.sccgov.org/sites/covid19/Pages/social-distancing-protocol.aspx.
3. Sick Workers. Prohibit any individuals who have been tentatively or conclusively
diagnosed with COVID-19 or who have any symptoms of illness, including the following,
from entering or remaining on the project site or work area: fever, cough, shortness of
breath, sore throat, body aches, chills, sudden loss of smell or taste or other flu-like
symptoms. Encourage sick workers to get immediate medical attention.
4. Signage/Posters. As required, post or distribute (1) the most updated version of the
COVID-19 PREPARED Sign, and (2) a Social Distancing Protocol Visitor Information Sheet.
5. Face Coverings. Everyone at a job site must wear a face covering at all time, except
children under the age of 2, people who are medically prevented from wearing a face
covering, and for communication by or with people who are hearing impaired.
6. Sanitary Facilities. Ensure adequate handwashing and/or hand-sanitizing facilities are
available at all times and encourage frequent handwashing and/or hand-sanitizing
throughout the day as specified below. Portable sanitary facilities must be serviced and
cleaned on a daily basis. Provide hand sanitizer in or around all toilet facilities and
common areas, including project trailers.
a. Handwashing. Wash hands using soap and water for at least 20 seconds.
b. Hand-sanitizer. Use a hand sanitizer that contains at least 60-95% alcohol
when handwashing is not immediately available.
c. Paper Products. Ensure that toilet paper, tissues, and paper towels are
available as appropriate, with designated receptacles for disposal.
7. Distancing. Prohibit workers from being less than six feet apart, unless and only to
the extent that would compromise worker safety or violate safety Laws for specific
operations. Prohibit handshaking or any physical contact among workers, with the sole
and limited exception of any physical contact required for worker safety or to comply
with safety Laws. Avoid sharing tools to the extent possible. Require workers to provide
their own transportation where possible and to avoid having more than two workers in
a vehicle.
8. Groups/Meetings/Site Access. Avoid any group gatherings of 10 or more people. Use
electronic alternatives to in person meetings, e.g., conference calls, video-conferencing,
etc., to the greatest extent possible. Limit access to the project site or any work area to
workers who are necessary to perform the work at that time. Allow non-essential
Revised: July 13, 2020 – Public Works Contracts
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personnel to work from home to the extent possible. Avoid all non-essential travel. Do
not stack trades if possible.
9. Frequent Cleaning. Provide for regular and appropriate cleaning of all high touch
surfaces at a project site or work area, including, but not limited to, shared tools or
equipment, doorknobs and handles, toolboxes, sanitary facilities, common break areas,
keypads, touch screens, project trailer surfaces and equipment, light or power switches,
workstations, countertops, break areas, and the like. Clean and/or disinfect any reusable
items or equipment. Clean surfaces of shared vehicles, including steering wheels, gear
shifts, handles, instrument panels, etc. Ensure that cleaning products are used correctly
and safely, and avoid cleaning techniques, such as use of pressurized air or water sprays,
that may generate bioaerosols.
10. Personal Protective Equipment. When workers cannot avoid close proximity or
physical contact, e.g., based on applicable safety laws, or are otherwise at risk for
exposure to COVID-19, ensure that the affected workers are provided with appropriate
personal protective equipment ("PPE"), which may include disposable gloves and/or
other PPE. Instruct workers to wash or sanitize hands after removing gloves or other
PPE. Ensure that all personal protective equipment is disposed of properly.
11. Water and Food. Prohibit shared or communal food or common water coolers.
Provide individual water bottles for workers or instruct workers to bring their own.
12. Enforcement. Immediately eject any worker who fails or refuses to comply with the
Health Laws, Social Distancing Requirements, or these best practices from the project
site until or unless the Project Manager issues a written authorization for the worker to
return, subject to full compliance.
F. Proof of Compliance. If Contractor is subject to the Mandatory Directive for Construction
Projects, Contractor must provide to the City the name and contact information for its
designated site-specific COVID-19 supervisor(s).
E. Oversight. In other to ensure that all workers comply with the Social Distancing
Requirements to the extent possible, Contractor shall designate a named individual to have
primary responsibility for implementation and enforcement of the Social Distancing
Requirements and these best practices, and to serve as the primary point of contact with the
City in this regard. Contractor shall promptly inform the City of the name of this individual.
F. Changed Requirements. It is understood and acknowledged that circumstances pertaining to
the COVID-19 pandemic are evolving rapidly and that new local, state, or federal requirements
may modify the requirements under this Exhibit. Contractor agrees to work cooperatively with
the City to implement new or changed requirements as quickly as possible.
Revised: July 13, 2020 – Public Works Contracts
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G. Subcontracts. Contractor shall include the terms of this Exhibit in all subcontracts and
require any agents, subcontractors, or subconsultants to comply with its provisions.
Attachments to Exhibit A-A
Santa Clara County Mandatory Directive for Construction Projects
1228578.5
County of Santa Clara
Public Health Department Health Officer 976 Lenzen Avenue, 2nd Floor San José, CA 95126 408.792.5040
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 1 of 12
Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Susan Ellenberg, S. Joseph Simitian County Executive: Jeffrey V. Smith
MANDATORY DIRECTIVE FOR CONSTRUCTION PROJECTS
*Please confirm that your facility and/or construction project jobsite may open under the
State Order. Where there is a difference between the local County Order and the State
Order, the more restrictive order must be followed. The State also has specific guidance for
certain facilities that must be followed in addition to this mandatory directive.*
Issued: July 7, 2020
Information on the State’s Order and State guidance is available at covid19.ca.gov.
While the construction industry is critical to ensuring a safe and sufficient supply of residential
and commercial space, construction work can also pose significant risks to public health due to
the COVID-19 pandemic. Because construction projects typically involve many workers
actively working on a jobsite at the same time, often in close proximity to one another or sharing
equipment, businesses and individuals performing and overseeing construction projects must
take extra precautions to reduce the risk of COVID-19 transmission for workers, visitors, and
others. This Directive applies to all construction projects, but the restrictions vary by the
size of the project, as specified below.
“Construction project” means any work (including a public works project) carried out in
connection with the construction, alteration, conversion, fitting-out, remodel, renovation,
refurbishment, demolition, decommissioning, or dismantling of a building or other structure; the
preparation of a physical site for any such activity; and education or training at which any such
activity is taught through onsite practice or experience. “Construction project” does not include
architectural, design, financial, or administrative work related to a construction project, unless
that work occurs at the construction jobsite. “Construction project” also does not include basic
repair or maintenance work, which means a repair or maintenance job that requires no more than
2 workers and no more than 2 days and that is not architecturally, financially, or administratively
associated with an active construction project.
This Directive explains how construction projects may operate. This Directive is mandatory, and
failure to follow it is a violation of the Health Officer’s Order issued on July 2, 2020 (“Order”).
Construction projects must comply with the Order and all requirements of this Directive.
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 2 of 12
The Order Issued July 2
The Order imposes several restrictions on all businesses and activities to ensure that the County
stays as safe as possible, including but not limited to the following:
The Social Distancing Protocol: All businesses must fill out and submit the newest version of
the Social Distancing Protocol to the County using the online form, available here. The Protocol
is submitted under penalty of perjury, meaning that everything written on the form must be
truthful and accurate to the best of the signer’s knowledge, and submitting false information is a
crime. The Protocol must be distributed to all workers, and it must be accessible to all officials
who are enforcing the Order. Businesses are responsible for ensuring that workers understand
and are trained on Protocol requirements in a language that they understand. For any business
that only performs services for dispersed facilities or worksites that the business does not own or
operate, the business must complete a Social Distancing Protocol for its operation as a whole.
For any business that has a facility, but also provides services at dispersed facilities or worksites
that the business does not own or operate, the business must complete a Social Distancing
Protocol for its own facility and provide that Protocol to the owners or operators of any facility
where it operates.
Example: A construction company serves as a subcontractor on various jobsites
throughout the County and also operates a base facility within the County, where it
maintains its vehicles and equipment. The subcontractor must complete a Social
Distancing Protocol for its base facility. It must also distribute the Protocol to the
owners or operators of the jobsites to which it sends its workers. The subcontractor’s
workers must be given a copy of, be trained on, and comply with the measures in both
the subcontractor’s Social Distancing Protocol and the Social Distancing Protocol for
any jobsite at which they are performing work.
• Signage: All businesses must print (1) an updated COVID-19 PREPARED Sign and (2)
a Social Distancing Protocol Visitor Information Sheet, and both must be posted
prominently at all facility entrances. These are available for printing after submission of
the Social Distancing Protocol online.
Businesses do not need to post these documents if they do not have their own facility
or worksite and only perform services for dispersed facilities or worksites that the
business does not own or operate.
• Face Coverings: Everyone at a business facility or worksite must wear a face covering at
all times (except very young children, people for whom face coverings are medically
inadvisable, or for communication by or with people who are hearing impaired). Face
coverings must be worn even while working at a construction project. Workers do
not need to wear face covering if it would create a risk to the person related to their work,
in accordance with local, state, or federal workplace safety guidelines.
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 3 of 12
• Density Limitation: All businesses must limit the number of people who may be inside
the facility at the same time. For staff members, the limit is 1 person per 250 gross
square feet of indoor facility space (this means total space, including areas open only to
staff like storage rooms). For members of the public, the limit is 1 person per 150 square
feet of space open to the public. The density requirements tell businesses how many
people (staff or clients) they can let inside the facility before another person leaves.
Children under 12 who are accompanying a parent or guardian do not count against the
limit, but everyone age 12 and over does. This Directive describes a limited exception
to the density limitation applicable only to construction project jobsites.
See the Order and the FAQ page for more details.
In addition to these general requirements applicable to all businesses under the Order,
construction projects must comply with the following directives.
Construction Projects on Own Residence Exempted
This Directive does not apply to construction projects where a person is performing construction
on their current residence alone or solely with members of their own household.
Rules for Single-Worker Construction Projects
This section lists the requirements for construction projects performed by only 1 worker, such as
someone who is working alone on a kitchen remodel project. This section for single-worker
projects does not apply to construction projects that involve multiple workers, even if only 1
worker is at the jobsite at any time; those projects must follow the Rules For All Construction
Projects, which are listed in the next section.
a. If the worker is working for a business, the worker must comply with the Social
Distancing Protocol of that business.
b. The worker must maintain 6 feet of social distance from all other people at all
times, including when entering and leaving the work area or building.
c. The worker must use and properly wear face coverings. In addition, the worker
must wear other personal protective equipment (PPE) appropriate for use in
construction, including gloves, goggles, and/or face shields.
d. To the extent possible, the worker must seal off the work area so that there is a
barrier between the worker and any other people in the building. For example, a
worker performing construction in the hallway of a residence must install a barrier
(such as plastic sheeting) between the area where the worker is working and the
rest of the hallway.
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 4 of 12
e. The worker must frequently wash hands with soap and water for at least 20
seconds or use hand sanitizer with at least 60% alcohol.
f. The worker must not work or come to the jobsite if the worker has a fever, cough,
or any other COVID-19 symptoms.
g. The worker must maintain records of the dates and times the worker was at the
jobsite and must make those records immediately available upon request to any
County official.
h. If the worker tests positive for COVID-19, the worker must notify the County
Public Health Department within 4 hours of learning of the positive result by
following the instructions at www.sccsafeworkplace.org.
Rules for All Construction Projects (Except Single-Worker Construction Projects)
This section lists requirements for all construction projects (other than single-worker
construction projects).
*Note: Large Construction Projects must also follow additional requirements, which are
described beginning on page 9.*
1. Responsibilities of the General Contractor and Subcontractors
a. The business with the responsibility to oversee a construction project, described in
this Directive as the “General Contractor,” must complete and submit a Social
Distancing Protocol specific to the construction project jobsite. (The General
Contractor may also need to submit social distancing protocols for its base facility
or for other jobsites subject to this Directive.)
b. The General Contractor is responsible for ensuring that all work and operations at
the construction jobsite is performed in compliance with the Order, this Directive,
and the jobsite-specific Social Distancing Protocol.
c. The General Contractor must train its workers to comply with the Order, this
Directive, and the jobsite-specific Social Distancing Protocol.
d. Subcontractors do not need to submit their own jobsite-specific Social Distancing
Protocols for the same site, but the General Contractor must not allow any
subcontractor onto the jobsite unless that subcontractor has given the General
Contractor a signed certification that:
i. the subcontractor has reviewed the Order and this Directive and will
comply with them;
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 5 of 12
ii. the subcontractor has reviewed the General Contractor’s jobsite-specific
Social Distancing Protocol and trained its workers on that Protocol; and
iii. the subcontractor has completed and submitted its own Social Distancing
Protocol covering its operations, and has provided a copy of that Protocol
to the General Contractor.
2. General Contractors and Subcontractors Must Report COVID-19 Positive Cases
a. Whenever the General Contractor learns that a person who has tested positive for
COVID-19 was at the jobsite within 48 hours of the date they were tested or
within 48 hours of becoming symptomatic, the General Contractor must
immediately implement the jobsite-specific Social Distancing Protocol’s
procedures for when a person tests positive for COVID-19. All positive cases
must be reported by following the instructions at www.sccsafeworkplace.org.
b. All subcontractors must immediately (within 1 hour, regardless of the time of
day) alert the General Contractor as soon as they learn that an employee has tested
positive who is currently at the jobsite, or who was at the jobsite within 48 hours
of the date they were tested or within 48 hours of becoming symptomatic. This
reporting requirement is in addition to the subcontractor’s own reporting
requirements under the Order and the procedures in the subcontractor’s Social
Distancing Protocol.
3. Cleaning After Positive Case Identified
Upon learning of a confirmed positive case at the jobsite within the last 48 hours, any
location where the infected worker was known to have been present must be immediately
closed and sanitized. Work in these locations must cease until sanitization is complete.
4. General Contractor is Responsible for Ensuring the Jobsite is Operated Safely Following
All Legal Requirements
a. The General Contractor must ensure that everyone at the jobsite—including its
own workers, the subcontractors’ workers, and visitors—complies with the Order,
this Directive, the jobsite-specific Social Distancing Protocol, and any other laws
and regulations that apply to the work (for example, OSHA and Cal-OSHA
requirements). If there is a conflict in what different laws require, the strictest
standard applies.
b. The General Contractor’s responsibility for ensuring jobsite compliance under
this paragraph 4 does not, however, relieve any subcontractors of their own
responsibilities under the Order, their Social Distancing Protocol, this Directive,
and all other applicable laws and regulations.
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 6 of 12
c. Any worker, or any subcontractor, may file a complaint that the General
Contractor has not complied with the Order, this Directive, or the jobsite-specific
Social Distancing Protocol, or that the General Contractor has failed to require
others to comply. Complaints may be filed through the County Office of Labor
Standards Enforcement Advice Line (866-870-7725) or website
(www.sccfairworkplace.org).
5. Designated COVID-19 Supervisor(s)
a. The General Contractor must designate a site-specific COVID-19 Supervisor or
Supervisors to enforce the jobsite-specific Social Distancing Protocol and this
Directive. The designated COVID-19 Supervisor(s) must be present at the jobsite
at all times during construction activities. The COVID-19 Supervisor may be an
on-site worker who is designated to serve in this role. The General Contractor
must prominently post a sign at all entrances to the jobsite clearly identifying the
COVID-19 Supervisor(s) by name and providing their phone number and email
address.
b. The designated COVID-19 Supervisor(s) must review this Directive and the
jobsite-specific Social Distancing Protocol with all workers and other persons at
the jobsite. The General Contractor is responsible for making sure this occurs.
c. The COVID-19 Supervisor must monitor and ensure implementation at the jobsite
of all requirements in this Directive, the jobsite-specific Social Distancing
Protocol, and the Order.
6. Seal Off Area of Construction Project from Other Parts of Occupied Sites
Where construction work occurs within an occupied residential or commercial building,
all of the following rules apply:
a. Work areas must, to the extent feasible, be sealed off from the remainder of the
building (and from the remainder of the unit, if work is performed within a
residential unit) with physical barriers such as plastic sheeting or closed doors
sealed with tape.
b. If possible, workers must access the work area from entry/exit door(s) different
from the entry/exit door(s) used by residents or occupants accessing the remainder
of the building that is not under construction.
c. Available windows and/or doors must be used to ventilate the work area during
the workday and any other times work is performed.
d. If residents or occupants have access to the work area between workdays, the
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 7 of 12
work area must be cleaned and sanitized at the beginning and at the end of
workdays.
e. Every effort must be taken to minimize contact between workers and residents or
occupants, including maintaining a minimum of at least 6 feet of social distancing
at all times.
7. Personal Protective Equipment (PPE)
The General Contractor must obtain, provide at no cost to workers, and require that all
workers use personal protective equipment (PPE) appropriate for use in construction,
including gloves, goggles, face shields, and face coverings as appropriate for the activity
being performed. Face coverings must be worn in compliance with the State’s mandatory
Guidance for the Use of Face Coverings and any additional directives issued by the
County Health Officer. At no time may medical-grade PPE be used at a construction site
unless it is required due to the medical nature of the jobsite or local, state, or federal
workplace safety requirements.
8. Social Distancing, Sanitizing, and other Measures
a. The General Contractor must:
i. Ensure compliance at the jobsite with the Order’s density limitations
except to the extremely limited extent a higher density is temporarily
necessary to safely carry out a specific job function.
1. The density limitations apply to all indoor areas where
construction work is actively being performed. Density limitations
do not apply to staging areas or lay-down areas that are separate
from the area where construction work is actively being performed.
ii. Stagger shifts, breaks, and trade-specific work as necessary to reduce
density and allow for easy maintenance of minimum 6-foot distancing.
Staggered shifts and breaks must comply with applicable wage and hour
laws.
1. All persons must maintain minimum 6-foot distancing except to
the extremely limited extent shorter distances are temporarily
necessary to safely carry out a specific job function.
iii. Eliminate or resolve “choke points” and “high-risk areas” where workers
are unable to maintain 6-foot social distancing. The General Contractor
must prohibit or limit use of these areas to ensure that 6-foot distance can
easily be maintained between individuals.
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 8 of 12
iv. If possible, ensure workers eat their meals and take their breaks outdoors,
and maintain social distancing during meals and breaks.
v. Prohibit gatherings of any size on the jobsite (except for meetings required
by this Directive), including gatherings for breaks or eating. Sharing of
any food or beverage is strictly prohibited.
vi. Cal-OSHA requires employers to provide water. Water must be provided
in single-serve containers.
vii. Prohibit use of microwaves, water coolers, and other similar shared
equipment.
b. Workers must:
i. Unless strictly necessary to carry out a job function, maintain at all times
at least 6-foot social distancing from fellow workers and all site visitors,
including delivery workers, design professionals and other project
consultants, government agency representatives (including building and
fire inspectors), and residents at residential construction sites.
ii. Not carpool to and from the jobsite except with others living within the
same household unit, or if necessary because they have no alternative
means of transportation. If workers from different households must
carpool, they must wear face coverings while riding together in the same
vehicle, sit at the greatest distance possible, and maintain ventilation by
keeping windows open as feasible.
9. Notice for Workers and Visitors of Required Practices
The General Contractor must prominently post a notice at all entrances to the jobsite
visible to all workers and visitors instructing workers and visitors to do the following:
a. Do not touch your face with unwashed hands or with gloves.
b. If equipment is shared, it must be fully sanitized before and after each use.
c. Wash your hands often with soap and water for at least 20 seconds each time, or
use hand sanitizer with at least 60% alcohol.
d. Clean and disinfect objects and surfaces you touch often, such as work stations,
keyboards, telephones, handrails, machines, shared tools, elevator control buttons,
and doorknobs.
e. Cover your mouth and nose with a tissue or cloth when you cough or sneeze, or
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 9 of 12
cough or sneeze into your elbow/sleeve – never into your hands.
f. Do not enter the jobsite if you have a fever, cough, or other COVID-19
symptoms. If you feel sick, or have been exposed to anyone who is sick, stay at
home.
g. Constantly make sure you are staying at least 6 feet away from co-workers at all
times, unless it is absolutely necessary to get closer to complete a task for the
construction project.
h. Do not carpool to and from the jobsite with anyone except members of your own
household, or if necessary because you have no alternative means of
transportation. If you carpool with people from another household, you must wear
a face covering while riding together in the same vehicle.
i. Do not share phones or PPE.
Posters conforming to this requirement are available for download at
https://www.sccgov.org/sites/covid19/Pages/learn-what-to-do-flyers.aspx.
10. Cooperate with County’s Case Investigation and Contact Tracing Efforts
The General Contractor must maintain a daily attendance log of all workers and visitors
at the jobsite that includes contact information (including name, phone number, address,
and email) and the date, time, and duration of each person’s presence at the jobsite. If
someone on the jobsite tests positive for COVID-19, the General Contractor is legally
required to assist the County Public Health Department in any case investigation and
contact tracing efforts.
11. Monitor and Inform Supervisors and Subcontractors of Revised Requirements
The General Contractor must regularly check for revisions to the Order, this Directive,
relevant industry-specific guidance published by the California Department of Public
Health, and other relevant rules or guidance. The General Contractor must inform all
jobsite supervisors (including the designated COVID-19 Supervisor(s), all field
supervisors, foremen, and safety directors) and all subcontractors of any revisions or
additions to the requirements for construction projects.
Additional Rules for Large Construction Projects
This section describes additional requirements that apply only to Large Construction Projects.
12. What is a Large Construction Project?
A “Large Construction Project” is a construction project that meets any of the following
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 10 of 12
specifications:
a. For residential projects, any single-family, multi-family, senior, student, or other
residential construction project consisting of 10 or more units; or
b. For commercial projects, any construction project consisting of 20,000 or more
square feet of floor area; or
c. For mixed-use construction projects, any construction project that meets either of
the specifications above in Subparagraphs (a) and (b); or
d. Any infrastructure project that requires 20 or more workers at the jobsite at any
one time.
13. COVID-19 Supervisor’s Additional Compliance, Monitoring, and Remediation
Responsibilities
a. The designated COVID-19 Supervisor must:
i. Conduct daily briefings in person (with proper social distancing) or by
teleconference that must cover the following topics:
1. New jobsite rules and pre-jobsite travel restrictions for the
prevention of COVID-19 community spread.
2. Review of sanitizing and hygiene procedures.
3. Worker feedback on improving safety and sanitizing.
4. Coordination of construction site daily cleaning/sanitization
requirements.
5. Any newly available information regarding COVID-19.
6. Emergency protocols in the event of an exposure or suspected
exposure to COVID-19.
ii. Each day, verify and record verification that each jobsite is compliant with
this Directive. The General Contractor must collect each written
verification, store them for at least 1 year, and make them immediately
available upon request to any County official.
iii. Conduct the following activities to make sure that the jobsite is ready to
fix any violations of this Directive:
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 11 of 12
1. Develop a remediation plan;
2. If any non-compliance is identified, ensure that the remediation
plan is implemented, and post the remediation plan at all entrances
to the jobsite during the remediation period;
3. Stop any construction activity until the jobsite is back in
compliance; and
4. Report repeated non-compliance with this Directive to the
appropriate jobsite supervisors and the permitting agency for the
local government where the project is located.
b. The General Contractor is responsible for making sure the designated COVID-19
Supervisor takes all of these steps.
14. Jobsite Safety Accountability Supervisor (JSAS)
The General Contractor must assign a COVID-19 Third-Party Jobsite Safety
Accountability Supervisor (JSAS) for the jobsite. The JSAS may not be an employee of
the General Contractor. The JSAS must at a minimum hold an OSHA-30 certificate and
first-aid training, or equivalent credentials, from within the past 2 years. The JSAS must
be trained in the requirements in this Directive and the jobsite-specific Social Distancing
Protocol and must verify compliance with those requirements, including by visual
inspection and random interviews with workers. The JSAS must inspect the jobsite as
often as needed to ensure consistent compliance, but not less than once per week. The
JSAS must inspect the jobsite during normal construction hours.
a. The General Contractor must prominently post a sign at all entrances to the
jobsite visible to all workers and visitors that clearly identifies the JSAS for the
jobsite by name and providing their phone number and email address.
b. Within 7 calendar days of each jobsite visit, the JSAS must complete a written
assessment identifying any failure to comply with this Directive. The written
assessment must be copied, stored, and, produced upon request to the County or
local permitting agency.
c. If the JSAS discovers that a jobsite is not in compliance with this Directive and
the jobsite-specific Social Distancing Protocol, the JSAS must work with the
designated COVID-19 Supervisor to develop and implement a remediation plan.
d. The JSAS must coordinate with the designated COVID-19 Supervisor to prohibit
continuation of any work activity not in compliance with this Directive or the
jobsite-specific Social Distancing Protocol. The JSAS must make sure that the
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 12 of 12
work activity does not resume until the noncompliance is fixed and the continuing
work is compliant with this Directive.
e. The remediation plan must be sent to the local permitting agency and a designated
County official within 5 calendar days of the JSAS’s discovery of the failure to
comply.
15. Translation for Non-English-Speaking Workers
The General Contractor must translate (and, where otherwise required, post) all of the
following documents as necessary to ensure that all non-English-speaking workers are
able to understand the documents:
a. The Notice for Workers and Visitors of Required Practices described in Paragraph
9 (on page 8).
b. The remediation plan described in Paragraph 13.a.iii.1 (on page 11).
Stay Informed
For answers to frequently asked questions about this industry and other topics, please see the
FAQ page. Please note that this Directive may be updated. For up-to-date information on the
Health Officer Order, visit the County Public Health Department’s website at
www.sccgov.org/coronavirus.
Insurance Requirements for Construction Contracts - $60,000 Version: Sept. 2019
1
Contractor shall procure and maintain for the duration of the contract, and for five years following the completion of
the Project, insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or
subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (“CGL”): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an
“occurrence” basis, written on a comprehensive general liability form, and must include coverage for liability
arising from Contractor’s or Subcontractor’s acts or omissions, including Contractor’s protected coverage,
blanket contractual, products and completed operations, vehicle coverage and employer’s non-ownership liability
coverage, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all
liability for personal injury, death, property damage or destruction, and personal and advertising injury. If a general
aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG
25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess
of the specified minimum insurance coverage requirements and/or limits shall be made available to the
Additional Insured and shall be (1) the minimum coverage/limits specified in this agreement; or (2) the broader
coverage and maximum limits of coverage of any insurance policy, whichever is greater.
b. Additional Insured coverage under Contractor's policy shall be "primary and non-contributory," will not seek
contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO CG 20 01 04 13
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess
insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or
excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a
primary basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to
protect City as a named insured.
2. Automobile Liability: ISO Form CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, then
hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily
injury and property damage.
3. Workers’ Compensation: As required by the State of California, with Statutory Limits, and Employer’s
Liability Insurance of no less than $1,000,000 per accident for bodily injury or disease, or as otherwise required by
statute. If Contractor is self-insured, Contractor must provide a Certificate of Permission to Self-Insure, duly
authorized by the DIR.
N/A if box checked (Contractor provides written verification it has no employees).
4. Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
N/A if box checked (Contract is not design/build).
5. Builder’s Risk. Course of Construction insurance utilizing an “All Risk” (Special Perils) coverage form, with
limits equal to the completed value of the project and no coinsurance penalty provisions.
N/A if box checked (Project does not involve construction or improvements/installations to property).
PUBLIC WORKS CONSTRUCTION CONTRACTS
Small Projects - $60,000
Insurance Requirements: Exhibit B
Insurance Requirements for Construction Contracts - $60,000 Version: Sept. 2019
2
6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits
no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
N/A if box checked (Project does not involve environmental hazards).
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and
shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City’s option, either:
(1) Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers,
officials, employees, and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to City
guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy
language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named
insured or the City.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered
as additional insureds on the CGL and automobile liability policies with respect to liability arising out of the Services
performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL
coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG
20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used.
Primary Coverage
For any claims related to this Project, Contractor’s insurance coverage shall be “primary and non-contributory” and
at least as broad as ISO CG 20 01 04 13 with respect to City, its officers, officials, employees and volunteers, and shall
not seek contribution from City’s insurance. If the limits of insurance are satisfied in part by Umbrella/Excess
Insurance, the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall
also apply on a “primary and non-contributory” basis for the benefit of City.
Notice of Cancellation
Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each
certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced, cancelled
or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums,
in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified
mail and addressed to the attention of the City Manager.
Builder’s Risk
Contractor may submit Builder’s Risk insurance in the form of Course of Construction coverage, which shall name
the City as a loss payee, as its interest may appear. The Builder’s Risk policy must be issued on an occurrence basis,
for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance
penalties, and for the benefit of City. If the Project does not involve new or major reconstruction, City may elect, acting
in its sole discretion, to accept an Installation Floater policy instead of Builder’s Risk. For such projects, the Property
Installation Floater shall include improvement, remodel, modification, alteration, conversion or adjustment to existing
buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any
building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the
Work, including during transit, installation, and testing at the City’s site.
Insurance Requirements for Construction Contracts - $60,000 Version: Sept. 2019
3
Waiver of Subrogation
Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation
it may have against City. Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire
from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be
necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of
subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
Acceptability of Insurers
Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California, and each
insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable
insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received
and approved by the City before work commences. The City reserves the right to require complete, certified copies of
all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For
CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Surety Bonds
As required by Contract and described in the Contract Documents. The Payment and Performance Bonds shall be in a
sum equal to the Contract Price. If the Performance Bond provides for a one-year warranty a separate Maintenance
Bond is not necessary. If the warranty period specified in the Contract is for longer than one year a Maintenance Bond
equal to 10% of the Contract Price is required. Bonds shall be duly executed by a responsible corporate surety,
authorized to issue such bonds in the State of California and secured through an authorized agent with an office in
California.
Special Risks or Circumstances
City reserves the right to modify these requirements, based on the nature of the risk, prior experience, insurer, coverage,
or other circumstances.
Revised 1.01.19
Contractor/Consultant Affidavit of No Employees
State of California
County of Santa Clara
City of Cupertino
I, the undersigned, declare as follows:
I am an independent contractor and the owner of .
I wish to enter into a services contract with the City of Cupertino. I am fully aware of the provisions
of section 3700 of the California Labor Code, which requires every employer to provide Workers'
Compensation coverage for employees in accordance with the provisions of that Code. I am also
aware that I must provide proof of workers’ compensation insurance to the City of Cupertino for any
and all employees I may have, pursuant to Section 12 of the City of Cupertino’s contract.
I hereby certify that I do not have any employees nor will I have any employees working for me or
my business during the term of any service contract with the City of Cupertino. I am not required to
have Workers’ Compensation insurance.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct.
Executed on this ____day of ____________, 2020, at , California.
______________________________
PRINT NAME
______________________________
SIGNATURE
Concord
J.Marez Ocean Plumbing Constructon
Jan 13, 2021
Johnny Marez
Revised, 01.01.19
Declaration of Sole Proprietorship
DECLARATION AND ADDENDUM TO ALL CONTRACTS ENTERED INTO OR BID
AWARDED TO: ______________________________, hereinafter “Organization”
For the purpose of inducing the City of Cupertino (“City”) to enter into any contracts with
Organization, or to go forward with any contracts awarded to Organization, I declare as
follows:
I am the authorized representative of Organization, an independent contractor for the purposes
of workers' compensation and labor laws in the State of California. This Organization will hire
no employees for work required for any bid awarded or any contract entered into with the City.
All work required will be performed personally and solely by me.
If the Organization hires employees to perform this contract or any portion thereof, the
Organization shall obtain workers' compensation insurance and provide proof of such coverage
to the City.
If the Organization hires a subcontractor to perform this contract or any portion thereof, and the
subcontractor has employees, then the Organization shall require its subcontractor to obtain
workers' compensation insurance coverage. In the alternative, the Organization shall obtain
workers' compensation insurance coverage on behalf of the subcontractor's employees.
This document constitutes a declaration by the Organization against its financial interest,
relative to any claims that it may assert under the applicable workers' compensation and/or
labor laws against the City relating to any bid awarded or contract entered into with this
Organization. The Organization shall defend, indemnify and hold harmless the City from any
and all liability, claims, demands, causes of action, charges, damages, injuries, fees including
attorney fees, costs and expense that may be asserted or established by any person or entity in
the event the Organization hires an employee in violation of this addendum.
I agree that this declaration shall constitute an addendum to any bid awarded or any contract
entered into with this Organization. I declare under penalty of perjury under the laws of the
State of California that the foregoing is true and correct.
______________________________
DATE
______________________________
AUTHORIZED RESPRESENTATIVE
J.Marez Ocean Plumbing Constructon
Jan 13, 2021
Ocean Plumbing for Mech Shop Hose Reel
Final Audit Report 2021-01-21
Created:2020-12-21
By:Julia Kinst (juliak@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAcLD8g28bCVI66vYmHCGIxzsQp7u7HyC8
"Ocean Plumbing for Mech Shop Hose Reel" History
Document created by Julia Kinst (juliak@cupertino.org)
2020-12-21 - 11:39:40 PM GMT- IP address: 64.178.242.15
Document emailed to Johnny Marez (oceanplum@msn.com) for signature
2020-12-21 - 11:44:09 PM GMT
Document shared with aracelia@cupetino.org
2021-01-05 - 1:04:16 AM GMT- IP address: 64.178.242.15
Document shared with Araceli Alejandre (aracelia@cupertino.org)
2021-01-06 - 10:46:35 PM GMT- IP address: 64.178.242.15
Email viewed by Johnny Marez (oceanplum@msn.com)
2021-01-14 - 5:07:43 AM GMT- IP address: 174.194.132.140
Document e-signed by Johnny Marez (oceanplum@msn.com)
Signature Date: 2021-01-14 - 5:15:27 AM GMT - Time Source: server- IP address: 174.194.132.140
Document emailed to Heather M. Minner (minner@smwlaw.com) for signature
2021-01-14 - 5:15:29 AM GMT
Email viewed by Heather M. Minner (minner@smwlaw.com)
2021-01-21 - 9:17:37 PM GMT- IP address: 104.143.195.156
Document e-signed by Heather M. Minner (minner@smwlaw.com)
Signature Date: 2021-01-21 - 9:18:07 PM GMT - Time Source: server- IP address: 52.39.49.65
Document emailed to Chad Mosley (chadm@cupertino.org) for signature
2021-01-21 - 9:18:09 PM GMT
Email viewed by Chad Mosley (chadm@cupertino.org)
2021-01-21 - 10:21:32 PM GMT- IP address: 104.47.46.254
Document e-signed by Chad Mosley (chadm@cupertino.org)
Signature Date: 2021-01-21 - 10:48:40 PM GMT - Time Source: server- IP address: 67.164.60.110
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2021-01-21 - 10:48:42 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2021-01-21 - 10:57:46 PM GMT- IP address: 104.47.46.254
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2021-01-21 - 10:57:56 PM GMT - Time Source: server- IP address: 148.64.105.190
Agreement completed.
2021-01-21 - 10:57:56 PM GMT