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Page 1: TABLE OF CONTENTSindependent FIRE SUPPRESSION system for radio equipment rooms in the police building. Comply with all requirements for a City building permit (no cost for permit)
Page 2: TABLE OF CONTENTSindependent FIRE SUPPRESSION system for radio equipment rooms in the police building. Comply with all requirements for a City building permit (no cost for permit)

Table of Contents Police Radio Equipment Room Fire Suppression System Page 1 of 1 CIP 71050B

TABLE OF CONTENTS

Page No.

A. INTRODUCTORY PAGES Cover Page ........................................................................................................... i Table of Contents .................................................................................................. iii Location Map ......................................................................................................... iv Exhibits……………………………………………………………………………………. v Invitation for Informal Bids ..................................................................................... vi Notice to Informal Bidders ..................................................................................... vii Schedule of Required Informal Bid Documents and Agreement Forms ................. ix

B. INFORMAL BID PROPOSAL Informal Bidding Proposal ..................................................................................... P-1 Informal Bidding Requirements ............................................................................. P-2 Informal Bid Schedule ........................................................................................... P-4 Designation of Subcontractors .............................................................................. P-5 City Business License Requirement ...................................................................... P-5 Certifications and Affidavits

Non-Collusion Affidavit ............................................................................... P-6 Informal Bidder’s Qualifications .................................................................. P-7 Informal Bidder’s References ..................................................................... P-8

Signature Page ..................................................................................................... P-9 Informal Bid Bond .................................................................................................. P-11

C. AGREEMENT AND AGREEMENT FORMS Agreement for Public Improvements ..................................................................... A-1 Agreement Forms

Faithful Performance Bond ........................................................................... A-8 Labor and Material Bond ............................................................................... A-9 Warranty Bond.............................................................................................. A-10 General Liability Endorsement ...................................................................... A-11 Automobile Liability Endorsement ................................................................. A-13 Worker’s Compensation / Employers Liability Endorsement ......................... A-15 Workers Compensation Certification ............................................................ A-17 Certification of Safety Requirements for Contractors and Vendors ............... A-18 Guarantee..................................................................................................... A-19

D. GENERAL PROVISIONS Terms and Definitions ........................................................................................... GP-1 Proposal Requirements and Conditions ................................................................ GP-5 Award and Execution of Contract .......................................................................... GP-9 Scope and Control of the Work ............................................................................. GP-14 Changes in the Work ............................................................................................. GP-18 Control of Materials ............................................................................................... GP-23 Utilities ................................................................................................................... GP-26 Prosecution, Progress and Acceptance of Work ................................................... GP-29 Responsibilities of the Contractor .......................................................................... GP-39 Measurement and Payment................................................................................... GP-53 Guarantee ............................................................................................................. GP-58

Page 3: TABLE OF CONTENTSindependent FIRE SUPPRESSION system for radio equipment rooms in the police building. Comply with all requirements for a City building permit (no cost for permit)

Table of Contents Police Radio Equipment Room Fire Suppression System Page 1 of 1 CIP 71050B

E. TECHNICAL SPECIFICATIONS

PART 1 – GENERAL 1.01 – Scope ........................................................................................... TP-1 1.02 – Definitions ..................................................................................... TP-1 1.03 – Applicable Standards and Publications ......................................... TP-1 1.04 – Scope of Work .............................................................................. TP-1 1.05 – Work not in Contract ..................................................................... TP-2 1.06 – Submittals ..................................................................................... TP-3 1.07 – Quality Assurance ......................................................................... TP-4 1.08 – Warranty ....................................................................................... TP-5 1.09 – Operation and Maintenance Data ................................................. TP-5 1.10 – System Description and Operation ............................................... TP-5

PART 2 – PRODUCTS 2.01 – Manufacturer-Basis of Design ....................................................... TP-7 2.02 – Clean Agent .................................................................................. TP-7 2.03 – Clean Agent Nozzles .................................................................... TP-8 2.04 – Clean Agent Storage Cylinders ..................................................... TP-8 2.05 – Fire Suppression System Control Panel ....................................... TP-8 2.06 – Detectors .................................................................................... TP-10 2.07 – Addressable Modules ................................................................. TP-11 2.08 – Manual Release (Electric) ........................................................... TP-12 2.09 – Abort Switch ............................................................................... TP-12 2.10 – Universal Valve Operator (UVO) ................................................. TP-12 2.11 – Audible and Visual Alarms .......................................................... TP-13 2.12 – Caution/Advisory Signs ............................................................... TP-13 2.13 – Auxiliary Panels/Graphics ........................................................... TP-13 2.14 – Product Options and Substitutions .............................................. TP-14

PART 3 – EXECUTION 3.01 – Clean Agent System ................................................................... TP-16 3.02 – Fire Suppression System Contractor .......................................... TP-16 3.03 – System & Control Wiring ............................................................. TP-16 3.04 – Testing ........................................................................................ TP-17 3.05 – Training Requirements ............................................................... TP-18 3.06 – Close Out Documents ................................................................. TP-18 3.07 – Warranty ..................................................................................... TP-19

F. EXHIBITS Exhibit A .................................................. Fire Suppression System Drawings 1-7 Exhibit B ................................................................. Radio Equipment Rooms Plan Exhibit E2 .............................................................................. Single Line Diagram Exhibit E5 .................................................................................... Panel Schedule Exhibit E9 ........................................................................... 2nd Floor Power Plan Exhibit E12 .................................................................................. Fire Alarm Riser Exhibit M5.1 ............................................................................................. Controls

Page 4: TABLE OF CONTENTSindependent FIRE SUPPRESSION system for radio equipment rooms in the police building. Comply with all requirements for a City building permit (no cost for permit)

Vicinity Map Police Radio Equipment Room Fire Suppression System Page 1 of 1 CIP 71050B

Page 5: TABLE OF CONTENTSindependent FIRE SUPPRESSION system for radio equipment rooms in the police building. Comply with all requirements for a City building permit (no cost for permit)

Invitation for Informal Bids Police Radio Equipment Room Fire Suppression System Page 1 of 1 CIP 71050B

CITY OF TRACY

SAN JOAQUIN COUNTY, CALIFORNIA

INVITATION FOR INFORMAL BIDS

SUBJECT: INVITATION FOR INFORMAL BIDS This is to advise you that sealed Informal Bid proposals for the construction of

POLICE RADIO EQUIPMENT ROOM FIRE SUPPRESSION SYSTEM

CIP 71050B will be accepted by the City of Tracy, at the Development Services Reception Desk, 333 Civic Center Plaza, Tracy, California 95376, until:

WEDNESDAY, MAY 27, 2015 @ 2:00 PM

The Project is more specifically defined in the Contract Documents, but generally includes the following work to be done: Design-build an independent FIRE SUPPRESSION system for radio equipment rooms in the police building. Comply with all requirements for a City permit (no cost for permit) and the Exhibits. The Engineer’s cost estimate will not be released until the Informal Bids are publicly opened.

Class C-16 Fire Protection Contractor’s License is required for this work. Informal Bids are required for the entire work as described herein, and shall be made upon the Informal Bid Forms included in the attached Informal Bid Documents in accordance with the Notice to Informal Bidders. Informal Bid Documents and Addendums shall be placed on the City Website at www.ci.tracy.ca.us. They are to be downloaded and printed for submittal of

Informal Bids. Hard copies of the construction documents are not available for sale. For technical questions, please call Binh Nguyen at (209) 831-6454 or Zabih Zaca at (209) 831-6452.

Informal Bids shall be submitted and clearly marked as follows: “SEALED INFORMAL BID

FOR POLICE RADIO EQUIPMENT ROOM FIRE SUPPRESSION SYSTEM CIP 71050B,

WEDNESDAY, MAY 27, 2015 @ 2:00 PM - DO NOT OPEN WITH REGULAR MAIL”.

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Notice to Informal Bidders Police Radio Equipment Room Fire Suppression System Page 1 of 2 CIP 71050B

CITY OF TRACY

SAN JOAQUIN COUNTY, CALIFORNIA

NOTICE TO INFORMAL BIDDERS PUBLIC NOTICE IS HEREBY GIVEN THAT the City of Tracy invites sealed Informal Bid proposals for the construction of the

POLICE RADIO EQUIPMENT ROOM FIRE SUPPRESSION SYSTEM

CIP 71050B RECEIPT OF INFORMAL BIDS AND INFORMAL BID OPENING: Informal Bids must be received at the Development Services reception desk, 333 Civic Center Plaza, Tracy, California 95376, not later than the Informal Bid Deadline of

WEDNESDAY, MAY 27, 2015 @ 2:00 PM,

Informal Bids shall be submitted and clearly marked as follows: “SEALED INFORMAL BID

FOR POLICE RADIO EQUIPMENT ROOM FIRE SUPPRESSION SYSTEM CIP 71050B,

WEDNESDAY, MAY 27, 2015 @ 2:00 PM - DO NOT OPEN WITH REGULAR MAIL”. Informal Bids are invited on a unit price basis, are required for the entire work described herein, and shall be made upon the Informal Bid Forms provided by the City and in accordance with the Contract Documents. Contractor is advised that the City of Tracy does not allow an Informal Bid to be withdrawn once submitted. The City also reserves the right to reject any or all Informal Bids. CONTRACT DOCUMENTS: The plans and specifications are available on the City’s Website at www.ci.tracy.ca.us. Informal Bid documents shall be downloaded and printed for submission of Informal Bids. The website should be checked periodically for addendums and other changes that are made for this project. For technical questions, please call Binh Nguyen at (209) 831-6454 or Zabih Zaca at (209) 831-6452. PROJECT ESTIMATE: The Engineer’s Estimate will not be released until the Informal Bids are publicly opened. PROJECT DESCRIPTION: The Project is more specifically defined in the plans and specifications, but generally includes the following work to be done: Design-build an independent FIRE SUPPRESSION system for radio equipment rooms in the police building. Comply with all requirements for a City building permit (no cost for permit) and the Exhibits. PROJECT LOCATION: 1000 Civic Center Drive, Tracy, San Joaquin County.

TIME OF COMPLETION AND LIQUIDATED DAMAGES: All work shall be diligently prosecuted

to completion before the expiration of Sixty (60) Calendar Days from the date of receipt of the “Notice to Proceed”. For failure to complete construction, contractor shall pay liquidated

damages to the City, computed at the rate of One Hundred Dollars ($100) for each calendar day beyond the specified time limit. INFORMAL BID SECURITY: Pursuant to California Public Contract Code Section 20170, each proposal shall be accompanied by an Informal Bid security in the form of cash, cashier’s or certified check, or Informal Bidder’s bond made payable to the “City of Tracy” for an amount

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Notice to Informal Bidders Police Radio Equipment Room Fire Suppression System Page 2 of 2 CIP 71050B

equal to at least ten percent (10%) of the Informal Bid Amount and no Informal Bid shall be considered unless such security is enclosed therewith. INFORMAL BID GUARANTEE: No Informal Bid shall be withdrawn except as provided for pursuant to Public Contract Code Section 5103, and the Informal Bidder shall guarantee the Total Informal Bid Price for a period of ninety (90) calendar days from the date of the Informal Bid opening. CONTRACTOR’S LICENSE: Informal Bidders are to be licensed in accordance with the provisions of the “Contractor’s License Law,” Chapter 9 of Division 3 of the State Business and Professions Code. In addition, at the time of submitting the Informal Bid, Informal Bidder must

have the following classification of contractor’s license: C-16 Fire Protection Contractor’s

License. PREVAILING WAGE: The work contemplated by this contract is a public work subject to prevailing wages under California Labor Code Section 1770 et. seq. The successful Informal Bidder will be required to pay not less than the prevailing rate of per diem wages as determined by the California Department of Industrial Relations in effect on the date the work is performed. BONDS AND INSURANCE: All contractors are required to furnish to the City faithful performance, labor and materials, and warranty bonds and insurance, as required in the specifications. PRE-INFORMAL BID CONFERENCE: No pre-bid conference will be held. Access to the site by prior arrangement only. Site visit is mandatory prior to submission of bid. REQUESTS FOR CLARIFICATION AND PROJECT COMMUNICATION: In the event the Informal Bidder has any questions as to the meaning of any part of the plans and specifications, or if the Informal Bidder finds any error, inconsistency, or ambiguity in the Contract Documents, the Informal Bidder shall make a written request for clarification prior to submitting its Bid. All questions and comments regarding the plans and specifications should be directed in to the Project Manager indicated below and will only be responded to if received in writing at least five (5) working days before the Informal Bid opening. Questions received after this time and date may not be addressed.

City of Tracy - Development Services Department 333 Civic Center Plaza Tracy, CA 95376 Attention: Binh Nguyen [email protected]

Telephone: (209) 831—6454 Fax: (209) 831-6439

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Schedule of Required Informal Bid Documents and Agreement Forms Police Radio Equipment Room Fire Suppression System Page 1 of 1 CIP 71050B

SCHEDULE OF REQUIRED

INFORMAL BID DOCUMENTS AND AGREEMENT FORMS

The following documents must be completed, signed and submitted as part of the Informal Bid

Proposal, prior to the Informal Bid opening. Informal Bid Proposal with all Blanks Filled in Informal Bid Schedule Designation of Subcontractors Certifications and Affidavits: Non-Collusion Affidavit

Informal Bidder’s Qualifications Informal Bidder’s References

Signature of Informal Bidder Informal Bid Guarantee (Informal Bid Bond or certified check attached) Addendum, if any (not attached) – signature page to be signed and submitted by Informal Bidder.

The following documents must be completed, signed and submitted after approval and award of

the Contract, prior to the Notice to Proceed. Agreement

Faithful Performance Bond Labor and Material Bond Warranty Bond General Liability Endorsement Automobile Liability Endorsement Worker’s Compensation / Employers Liability Endorsement Certifications

Workers Compensation Certification Certification of Safety Requirements for Contractors and Vendors

The following documents must be completed, signed and submitted prior to final acceptance: Guarantee Stop Notice Releases, if any (form not included) Record Drawings (not included)

Page 9: TABLE OF CONTENTSindependent FIRE SUPPRESSION system for radio equipment rooms in the police building. Comply with all requirements for a City building permit (no cost for permit)
Page 10: TABLE OF CONTENTSindependent FIRE SUPPRESSION system for radio equipment rooms in the police building. Comply with all requirements for a City building permit (no cost for permit)

Informal Bid Proposal Police Radio Equipment Room Fire Suppression System CIP 71050B

CITY OF TRACY

DEVELOPMENT & ENGINEERING SERVICES DEPARTMENT

INFORMAL BID PROPOSAL

FOR:

POLICE RADIO EQUIPMENT ROOM FIRE SUPPRESSION SYSTEM

CIP 71050B

IN

CITY OF TRACY, COUNTY OF SAN JOAQUIN

STATE OF CALIFORNIA

For use in Connection with the Standard Specifications for Public Works Construction (Greenbook), Standard Plans for Public Works Construction, Standard Specifications and Standard Plans of the

California Department of Transportation, the latest issue of the General Prevailing Wage Rates and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.

Project: POLICE RADIO EQUIPMENT ROOM FIRE SUPPRESSION SYSTEM

Project Number: 71050B

Informal Bid Opening Date: WEDNESDAY, MAY 27, 2015 @ 2:00 PM

NOTE: All portions of all pages included within this section, and acknowledgement of receipt of any issued addenda must be properly completed, signed, and submitted with the Informal Bid. Failure to do so may result in the Informal Bid being deemed non-responsive by the City.

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Informal Bid Proposal Police Radio Equipment Room Fire Suppression System CIP 71050B

INFORMAL BID PROPOSAL TABLE OF CONTENTS

Informal Bid Proposal ............................................................................................... P1

Informal Bidding Requirements ................................................................................ P2

Informal Bid Schedule .............................................................................................. P4

Designation of Subcontractors ................................................................................. P5

City Business License Requirement ......................................................................... P5

Non-Collusion Affidavit ............................................................................................ P6

Informal Bidder’s Qualifications ................................................................................ P7

Informal Bidder’s References ................................................................................... P8

Signature of Informal Bidder ..................................................................................... P9

Informal Bid Bond .................................................................................................... P11

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Informal Bid Proposal P-1 Police Radio Equipment Room Fire Suppression System CIP 71050B

INFORMAL BID PROPOSAL

INFORMAL BID TO: City of Tracy 333 Civic Center Plaza

Tracy, California 95376

FOR: POLICE RADIO EQUIPMENT ROOM FIRE SUPPRESSION SYSTEM

CIP 71050B INFORMAL BID FROM: Informal Bidder’s Company Name:

Contact Person: Business Street Address: City, State, Zip Code: Phone No.: ( ) Fax No.: ( ) Email: Contractor License No.:

Date Informal Bid Submitted:

I, as Informal Bidder, declare that I have satisfied myself as to the actual conditions and requirements of the work by careful examination of the location of the proposed work, by examination of the plans and specifications including the Notice to Informal Bidders, and by other measures, and that after submission of the Informal Bid, I will not dispute, complain or assert that there was any misunderstanding in regards to the nature or amount of work to be done. I hereby certify that only those parties interested in this proposal as principals are named in this proposal and that this Informal Bid is genuine, and not sham, collusion, or made in the interest or in behalf of any person not named. I have not directly or indirectly induced or solicited any other Informal Bidder, person, firm or corporation to put in a sham Informal Bid, or refrain from Informal Bidding, and have not in any manner sought by collusion to secure for myself an advantage over any other Informal Bidder. I agree that if this proposal is accepted, I will contract with the City of Tracy in the form of agreement proposed, will provide all bonds and insurance certificates as required by the agreement and will furnish all equipment and materials and perform all the labor required to complete the work in accordance with the plans, specifications and other contract documents, for the unit or lump sum prices set forth in the Informal Bid Schedule.

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Informal Bid Proposal P-2 Police Radio Equipment Room Fire Suppression System CIP 71050B

I have carefully checked all of the figures in the Informal Bid Schedule and understand that the City shall not be responsible for any errors or omissions on my part in making up this Informal Bid. I agree that this Informal Bid may not be withdrawn for a period of 90 calendar days from the date of the Informal Bid opening and that the City reserves the right to reject any or all Informal Bids.

INFORMAL BIDDING REQUIREMENTS

The work to be done and referred to here is in the City of Tracy, County of San Joaquin, State of California, and shall be constructed in accordance with all provisions of the project specifications and project plans including: any addenda; the Agreement; the Standard Specifications for Public Works Construction; “Greenbook”, current edition; the Standard Plans for Public Works Construction, current edition; the Standard Specifications and Standard Plans of the California Department of Transportation, current edition; the Labor Surcharge and Equipment Rental Rates; and payment of not less than the latest issue of the State General Prevailing Wage Rates in effect on the date the work is performed. For each of the various contract items of work designated on the Informal Bid Schedule, the Informal Bidder shall set forth a unit or lump sum price which the Informal Bidder shall then use to calculate and designate a total cost for each item of work based upon the designated estimate of the quantities of work to be done, all in clearly legible figures in the respective spaces of the Informal Bid Schedule provided for this purpose. The Informal Bidder shall include in the unit or lump sum prices paid for the various contract items of work full compensation for conforming to the requirements of the Contract Documents and for completing all of the work required. No additional compensation shall be granted for any additional items unless categorized and approved as extra work under the terms of the agreement. The estimate of construction quantities set forth in the Informal Bid Schedule is approximate only, being given only as a basis for the comparison of Informal Bids, and the City does not expressly or by implication agree that the actual amount of work will correspond with those estimated quantities. The City reserves the right to increase the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or expedient by the Engineer. If the City accepts this proposal and the Informal Bidder fails to enter into the contract and/or fails to furnish bonds as required by the specifications with sureties satisfactory to the City within ten (10) calendar days after the Informal Bidder has received notice from the City that the contract has been awarded, the City may, at its option, determine that the Informal Bidder has breached and abandoned the contract, and thereupon, the Informal Bid security accompanying this proposal shall be forfeited and become the property of the City. The Notice to Proceed will not be issued until after the contract has been fully executed. The contractor shall commence the work under the contract within fifteen (15) days following the date of the Notice to Proceed, or as otherwise specified in the project specifications, and shall diligently prosecute the project to completion within the time specified. The contract completion period is inclusive of the time needed for material delivery.

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Informal Bid Proposal P-3 Police Radio Equipment Room Fire Suppression System CIP 71050B

Informal Bidder shall comply with the requirements of the California Labor Code, including sections 1770 et seq., and pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the city, which copies shall be made available to any interested party upon request. The Contractor shall post a copy of such determination at the job site. As required by Section 6705 of the California Labor Code and in addition thereto, for any excavation of any trench or trenches five feet (5’) or more in depth, the Contractor shall submit to the Engineer for acceptance, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. Structural calculations prepared, stamped and signed by a Registered Engineer licensed to practice in the State of California shall accompany the plan to verify the structural safety and adequacy of the sheeting, shoring and bracing to be used on the project. No such plan shall allow any shoring, sloping or a protection system less effective than that required by the Construction Safety Orders of the State Division of Occupational Safety and Health. In accordance with the provisions of Section 1860 of the Labor Code, prior to performing work on the Contract, each Contractor to whom a public works contract is awarded shall sign and file with the City the Worker’s Compensation Certification included in the “Agreement and Agreement Forms” section of these specifications. Informal Bidder’s attention is directed to General Provisions, Section 2, “Proposal Requirements and Conditions”, which contains additional information and requirements pertaining to the submission of a Informal Bid, and which is incorporated here by reference. Any protest of the proposed contract award must be submitted in writing to the City no later than 5:00 p.m. on the fifth business day following the date of the Informal Bid opening. See the General Provisions, Section 2.14 for Informal Bid protest procedures.

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Informal Bid Proposal P-4 Police Radio Equipment Room Fire Suppression System CIP 71050B

INFORMAL BID SCHEDULE

POLICE RADIO EQUIPMENT ROOM FIRE SUPPRESSION SYSTEM

CIP 71050B

All applicable sales taxes, state and/or federal, and any other special taxes, patent rights or royalties are included in the price quoted in the Informal Bid. In the case of a discrepancy between the product of the “Estimated Quantity” and the “Unit Price” with the “Item Total”, the product of the “Estimated Quantity” and the “Unit Price” shall prevail and the figure shown as the “Item Total” shall be adjusted accordingly. In the case of a discrepancy between the sum of the figures in the “Item Total” column (adjusted per the previous sentence, if necessary) and the amount set forth as the “Total Base Informal Bid Amount”, the sum of the figures in the “Item Total” column shall prevail and the amount shown as the “Total Base Informal Bid Amount” shall be adjusted accordingly.

BASE INFORMAL BID ITEMS ARE AS FOLLOWS:

Item

No.

Item

Description

Estimated

Quantity

Unit

Unit

Price

Item

Total

1.

Design-Build Fire Suppression System

1

LS

$____________

$___________

Total Base Informal Bid Amount: $________________

Notes:

1. The Contract will be compared and awarded on the basis of the Total Base Informal Bid

Amount.

2. The City reserves the right to reject all Informal Bids for any reason whatsoever.

3. Issuance of the “Notice to Proceed” will constitute the beginning of the Contract.

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Informal Bid Proposal P-5 Police Radio Equipment Room Fire Suppression System CIP 71050B

DESIGNATION OF SUBCONTRACTORS

In accordance with the Subletting and Subcontracting Fair Practices Act, Public Contract Code sections 4100 et seq. (the “Subcontracting Act”), the Informal Bidder hereby certifies and submits, as required by law, the following concerning subcontractors: 1. The portion of the work, which will be done by each such subcontractor.

2. The name and location of the place of business of each subcontractor who will perform

work or labor, fabricate a portion of the work or improvement according to detailed drawings in the project plans, or render service to the Contractor in or about the construction of the work in an amount in excess of one-half of one percent (0.5%) of the Contractor’s total Informal Bid; and

Portion of Work to be Subcontractor Name

Performed: and Address 1. ____________________________ ______________________________ ______________________________ ______________________________ 2. ___________________________ ______________________________ ______________________________ ______________________________ 3. ___________________________ ______________________________ ______________________________ ______________________________ 4. ___________________________ ______________________________ ______________________________ ______________________________ 5. ___________________________ ______________________________ ______________________________ ______________________________

(For additional Subcontractors, attach copies of this sheet as necessary)

CITY BUSINESS LICENSE REQUIREMENT

NOTE: It is understood and agreed that the Informal Bidder and all subcontractors will obtain a City of Tracy Business License before beginning any work.

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Informal Bid Proposal P-6 Police Radio Equipment Room Fire Suppression System CIP 71050B

NON-COLLUSION AFFIDAVIT Title 23 United States Code Section 112 and

Public Contract Code Section 7106

State of California ) ) ss. County of _______________ ) (name of person signing affidavit), being first duly sworn, deposes and says under penalty of perjury under the laws of the State of California, that he or she has the right, power, legal capacity, and authority to execute this Affidavit as (sole owner, partner, president, secretary, etc) of (legal name of Informal Bidder), the Informal Bidder, that the Informal Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Informal Bid is genuine and not collusive or sham; that the Informal Bidder has not directly or indirectly induced or solicited any other Informal Bidder to put in any false or sham Informal Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Informal Bidder or anyone else to put in a sham Informal Bid, or that anyone shall refrain from Informal Bidding; that the Informal Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Informal Bid price of the Informal Bidder or any other Informal Bidder, or to fix any overhead, profit, or cost element of the Informal Bid price, or of that of any other Informal Bidder, or to secure any advantage against the public body awarding the Contract or anyone interested in the proposed Contract; that all statements contained in the Informal Bid are true; and, further, that the Informal Bidder has not, directly or indirectly, submitted his Informal Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, Informal Bid depository, or to any member or agent thereof to effectuate a collusive or sham Informal Bid. IN WITNESS WHEREOF, the undersigned, as Informal Bidder, represent and warrant that they have the right, power, legal capacity, and authority to enter into and execute this document on behalf of the Informal Bidder, and have executed this document by setting hereto their names, titles and signature. (Signature of Representative of Informal Bidder) Subscribed and sworn to before me, a Notary Public in and for the State of California, County of _____________________, this ______ day of _________________, 20____. Signature of Notary Public:________________________ My Commission expires __________________, 20_____ (Seal)

NOTE: THIS AFFIDAVIT MUST BE COMPLETED AND RETURNED AS PART OF THE

CONTRACTOR’S INFORMAL BID PROPOSAL.

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Informal Bid Proposal P-7 Police Radio Equipment Room Fire Suppression System CIP 71050B

INFORMAL BIDDER’S QUALIFICATIONS

The following statements as to the financial qualifications and experience of the Informal Bidder are submitted as a part of this Informal Bid and the Informal Bidder guarantees the truthfulness and accuracy of the information. Pursuant to Public Contract Code 10165, financial statements and experience questionnaires are not public records and are not open to public inspection. Financial Data Reference is hereby made to the following bank or banks as to the financial responsibility of the Informal Bidder.

NAME OF BANK ADDRESS

Experience Data The Informal Bidder has been engaged in the contracting business, under the present business name for ________ years. Experience in work of a nature similar to that covered in this Informal Bid extends over a period of __________ years. The Informal Bidder as a Contractor has never failed to satisfactorily complete a contract awarded to him, except as follows: (Name all exceptions and reasons therefore):

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Informal Bid Proposal P-8 Police Radio Equipment Room Fire Suppression System CIP 71050B

INFORMAL BIDDER’S REFERENCE List three (3) major projects which the Informal Bidder has performed comparable work for a Governmental Agency or Developer within the last three (3) years. Providing a contact person and description of the project, or other such information that will demonstrate the ability to vigorously prosecute the work. 1.

PROJECT NAME LOCATION YEAR COMPLETED AGENCY CONTACT PERSON TELEPHONE NO. BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION

2.

PROJECT NAME LOCATION YEAR COMPLETED AGENCY CONTACT PERSON TELEPHONE NO. BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION

3.

PROJECT NAME LOCATION YEAR COMPLETED AGENCY CONTACT PERSON TELEPHONE NO. BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION

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Informal Bid Proposal P-9 Police Radio Equipment Room Fire Suppression System CIP 71050B

SIGNATURE OF INFORMAL BIDDER

The terms and conditions of the final contract when executed shall control and supersede anything herein to the contrary or inconsistent with such contract. The Informal Bidder hereby offers to furnish all labor, materials, equipment, transportation, and services necessary to complete the work on this project in accordance with the Contract Documents and to complete all requirements of the Contract Documents for the sums quoted in this Informal Bid.

Addenda: Informal Bidder has received and examined all addenda issued during the Informal Bid period (if any) and agrees that all addenda shall be made a part of the Contract Documents. The Informal Bidder acknowledges receipt and incorporation of all impacts resulting from all addenda issued by inserting the number of each addendum below OR by signing and submitting with the Informal Bid proposal the signature page from each addendum.

Addendum Nos. _____, _____, _____, _____, _____

Informal Bidder’s Guarantee: In accordance with Public Contract Code Section 20170, accompanying this Informal Bid is _____________________________ (insert the word “Cash”, “Cashier’s Check”, “Certified Check” or “Informal Bidder’s Bond” as the case may be) made payable to the City in the amount of _____________________________________________________($_______________) equal to at least ten percent (10%) of the total amount of this Informal Bid, which is given as a guarantee that the undersigned will enter into a contract if awarded the work.

Company Profile: The names of all persons interested in the foregoing Informal Bid as principals are as follows: Note: If Informal Bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer and manager thereof; if partnership, state true name of firm, also names of all individual partners composing firm; if Informal Bidder or other interested person is an individual, state first and last name in full.

Firm Name: Business Address: Names and Titles of Company Officers: 1. 2. 3. 4.

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Informal Bid Proposal P-10 Police Radio Equipment Room Fire Suppression System CIP 71050B

Licensed in accordance with the Contractor’s License Law, Business and Professions Code, Section 7000 et seq., providing for the registration of contractors:

License No.: ___________, Date of license expiration: __________________.

Proposal Execution: IN WITNESS WHEREOF, the undersigned, as Informal Bidder, represent and warrant that they have the right, power, legal capacity and authority to enter into and execute this document on behalf of the Informal Bidder, and have executed this document by setting hereto their names, titles, and signatures. The representations made herein, including but not limited to the above contractor’s license, expiration date and name of Informal Bidder, are true and correct, shall be complied with and are made under penalty of perjury.

1.

Authorized Signature Printed Name

Title

2. Authorized Signature Printed Name

Title

, 20____

Dated

Note: If Informal Bidder is a corporation, the signature of two officers authorized to sign contracts on behalf of the corporation shall be set forth above; if Informal Bidder is a partnership, the signature of the partner or partners authorized to sign contracts on behalf of the partnership shall be set forth above; and if Informal Bidder is an individual, his signature shall be placed above. If signature is by an agent other than an officer of a corporation, or a member of a partnership, a Power of Attorney must be on file with the City of Tracy prior to opening Informal Bids or be submitted with the Informal Bid. Subscribed and sworn to before me, a Notary Public in and for the State of California, County of _____________________, this ______ day of _________________, 20____. Signature of Notary Public:________________________ My Commission expires __________________, 20_____ (Seal)

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Informal Bid Proposal P-11 Police Radio Equipment Room Fire Suppression System CIP 71050B

INFORMAL BIDDER’S BOND To Accompany Contract Proposal KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned _________________________________________, as principal and __________________________________, as surety, are held and firmly bound unto the City of Tracy as OWNER in the penal sum of TEN PERCENT (10%) of the total amount of the Informal Bid of the principal, for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. The condition of the above obligation is such that whereas the Principal has submitted to OWNER a certain INFORMAL BID, attached hereto and hereby made a part hereof to enter

into a contract in writing, for the POLICE RADIO EQUIPMENT ROOM FIRE SUPPRESSION

SYSTEM, CIP 71050B.

NOW, THEREFORE (a) If said INFORMAL BID shall be rejected, or (b) If said INFORMAL BID shall be accepted and the Principal shall execute and

deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said INFORMAL BIDS including all required bonds for faithful performance and labor and material, as well as all required evidence of insurance) then this obligation shall be void, otherwise the same shall remain in force and effect.

In the event the City brings suit upon this Bond, surety shall pay reasonable attorney’s fees and costs incurred by the City in such suit. The Surety, for value received, stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the City of Tracy may accept such INFORMAL BID; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, this day and year first set forth. By: (L.S.) By: (Principal) (Seal) (Surety) (Seal) Subscribed and sworn to before me, a Notary Public in and for the State of California, County of _____________________, this ______ day of _________________, 20____. Signature of Notary Public:________________________ (Seal) My Commission expires __________________, 20_____

IMPORTANT: Surety companies executing BONDS must be authorized to transact Surety insurance in the State of California. If Contractor is Partnership, all partners should execute BOND.

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Agreement and Agreement Forms Police Radio Equipment Room FIRE SUPPRESSION System CIP 71050B

AGREEMENT AND AGREEMENT FORMS

Agreement for Public Improvements .................................................................................... A1

Agreement Forms

Faithful Performance Bond ....................................................................................... A8

Labor and Material Bond .......................................................................................... A9

Warranty Bond ......................................................................................................... A10

General Liability Endorsement .................................................................................. A11

Automobile Liability Endorsement............................................................................. A13

Worker’s Compensation / Employers Liability Endorsement ..................................... A15

Workers Compensation Certification ........................................................................ A17

Certification of Safety Requirements for Contractors and Vendors ........................... A18

Guarantee (to be submitted prior to final acceptance) .............................................. A19

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Agreement and Agreement Forms A-1 Police Radio Equipment Room Fire Suppression System CIP 71050B

AGREEMENT FOR PUBLIC IMPROVEMENTS

POLICE RADIO EQUIPMENT ROOM FIRE SUPPRESSION SYSTEM

CIP 71050B This AGREEMENT (“Agreement”) is entered into between the CITY OF TRACY, a municipal corporation (“City”), and _____________________________ ( “Contractor”).

RECITALS

A. In accordance with State law, including the Public Contract Code, and local law, including the Tracy Municipal Code, the City issued an invitation for competitive Informal Bids for this Project.

B. In response to the invitation for Informal Bids, the Contractor submitted the Informal Bid Forms, which are incorporated here by reference, and these were found by the City to be responsive to the invitation for Informal Bids.

C. After reviewing all Informal Bids submitted in response to the invitation for Informal Bids, the City found the Contractor to be the Lowest Responsible Informal Bidder and awarded the Agreement to the Contractor.

D. The Project is more specifically described in the plans and specifications, but generally includes the following work to be done: Design-build an independent FIRE SUPPRESSION system for radio equipment rooms in the police building. Comply with all requirements for a City building permit (no cost for permit) and the Exhibits.

NOW THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. SCOPE OF WORK. The Contractor shall perform, or cause to be performed, the Work described in the Contract Documents (“Work”), to the satisfaction of the City Engineer. Contractor shall perform additional work arising from changes ordered by the City in accordance with Section 2.3, “Modifications” of this Agreement.

2. CONTRACT DOCUMENTS.

2.1. List of Contract Documents and Precedence. The Contract Documents consist of the documents listed below, beginning with the highest and ending with the lowest order of precedence. If there is a conflict between component parts of the Contract Documents, the document highest in precedence controls. See also General Provisions, Section 4.05, “Precedence of Contract Documents”.

a. Change orders.

b. Project directives.

c. Permits in the following order: those issued by other agencies, those issued by the City.

d. Agreement and Required Agreement Forms – Informal Bid Bond, Faithful Performance and Labor and Materials Bonds, Warrantee Bond, Insurance Endorsements, Worker’s Compensation.

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Agreement and Agreement Forms A-2 Police Radio Equipment Room Fire Suppression System CIP 71050B

e. Project Specifications, in the following order - Addenda, Informal Bid Proposal including all Informal Bid Proposal Forms, Notice to Informal Bidders, Special Provisions, Technical Provisions, Exhibits, General Provisions.

f. Project Plans and Drawings.

g. City Standard Specifications.

h. City Standard Plans and City Parks and Streetscape Standard Plans.

i. Reference Specifications, in the following order – Standard Specifications for Public Works Construction “Greenbook” (current edition), State of California Department of Transportation (Caltrans) State Standard Specifications (current edition).

j. Reference Plans, in the following order – Standard Plans for Public Works Construction (current edition), State of California Department of Transportation (Caltrans) State Standard Plans (current edition).

2.2. Addenda. The following addenda are incorporated into the Contract Documents:

No. Date of Issue: ____ ____________

2.3. Modifications. The Contract Documents may not be modified orally or in any manner other than in writing in accordance with procedures prescribed in the Contract Documents. See General Provisions Sections 2.07, “Examination of Plans, Specifications, and Work Site”, Section 2.08, “Requests for Clarification”, Section 5, “Changes in Work”, Section 8.15, “Time of Completion and Days Charged”, and Section 10.06, “Claims”. All such written modifications shall become part of the Contract Documents.

2.4. Entire Agreement. The Contract Documents comprise the entire integrated

understanding between the City and Contractor concerning the Work to be performed for this Project. All prior negotiations or stipulations regarding this matter, which preceded or accompanied the executing of these Contract Documents are conclusively deemed to be superseded by these Contract Documents. The Contract Documents are complementary; what is called for in one is binding as if called for by all. To the extent that portions of the Contract Documents are not attached to this Agreement, they shall be deemed incorporated here by reference.

3. CONTRACT AMOUNT. The Contract Amount, is ________________________ _________________________________Dollars ($______________). City shall pay to Contractor, for the performance of the Work, the Contract Amount pursuant to the General Provisions, Section 10, “Measurement and Payment”, subject to adjustment for unit price items, and as modified by the terms of the Contract Documents. The Contractor’s compensation shall include all costs incurred by the Contractor in the performance of the Work, including: furnishing all labor (including supervision), materials, equipment, tools, transportation, and services necessary (including the costs of any and all applicable taxes, patent rights, royalties, licenses, permits, and traffic control; including flagmen) to complete the Work (including costs to protect the Work, and all damages to the Work prior to acceptance of the Work by the City, unless otherwise specifically provided in the Contract Documents).

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Agreement and Agreement Forms A-3 Police Radio Equipment Room Fire Suppression System CIP 71050B

4. CONTRACT TIME. After the Contractor has provided all documents required by the Notice of Award, as identified in the Notice to Informal Bidders, and following execution of the Agreement by the City, the City shall issue a Notice to Proceed to the Contractor. Contract time shall commence upon receipt date of the Notice to Proceed. Contractor shall commence work within fifteen calendar days of the receipt date specified in the Notice to Proceed. See General Provisions Sections 8.01, “Notice to Proceed”, 8.02, “Commencement of Work”, 8.15, “Time of Completion and Days Charged”, and 8.17, “Delays and Extension of Time”.

5. LIQUIDATED DAMAGES. If Contractor fails to complete the Work within the Contract Time, Contractor shall pay to the City, as liquidated damages and not as a penalty, the sum specified in the Notice to Informal Bidders for each calendar day after the expiration of the Contract Time that the Work remains incomplete. See Notice to Informal Bidders and General Provisions Section 8.16, “Liquidated Damages”.

6. CONTRACTOR REPRESENTATIVE. At all times during the progress of the Work, Contractor shall have a competent foreman or superintendent ( “Contractor Representative”) on site with authority to act on behalf of the Contractor. The Contractor shall, at all times, keep the City Engineer informed in writing of (a) the name and telephone number of the Contractor Representative, and (b) the names and telephone numbers of all subcontractors performing the Work.

7. IMPROVEMENT SECURITY. Concurrently with the execution of this Agreement by the Contractor, and before the commencement of any Work, the Contractor shall furnish a Faithful Performance Bond, Labor and Material Bond, Warranty Bond, or other guarantees, in the required amounts as improvement securities, in a form substantially the same as that set forth in the Contract Forms or in an alternate form authorized by state law and approved by the City. See Division C, “Agreement and Agreement Forms” of the Project Specifications and General Provisions Section 3.07, “Contract Bonds”.

8. INSURANCE. Concurrently with the execution of this Agreement by the Contractor, and prior to the commencement of any Work, the Contractor shall furnish evidence to the City that all of the insurance requirements required by General Provisions Section 3.08, “Insurance Requirements” have been satisfied.

9. PERMITS, LICENSES, AND COMPLIANCE WITH LAW. The Contractor shall obtain and maintain all necessary permits and licenses for the performance of the Work, as provided in General Provisions Section 9.06, “Permits and Fees”.

10. DEFAULT. The default provisions set forth in General Provisions Section 8.12, “Default by Contractor and Termination of Control”, shall apply.

11. FINAL ACCEPTANCE OF WORK. Prior to final acceptance of the Work by the City Council, the Contractor shall be solely responsible for maintaining the quality of the Work, and maintaining safety at the Project site. The Contractor’s obligation to perform the Work shall not be satisfied until after the City Engineer has made a written determination that all obligations under the Agreement have been satisfied, all outstanding fees and charges have been paid, and the City Council has accepted the Work as complete. See General Provisions Sections 8.20, “Final Acceptance” and 8.21, “Risk of Loss”.

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Agreement and Agreement Forms A-4 Police Radio Equipment Room Fire Suppression System CIP 71050B

12. WARRANTY. The Contractor shall warrant the quality of the Work for a period of one year after acceptance of the Work by the City Council, and shall provide a Guarantee and Warranty Bond in the required amount, in accordance with the terms of the Contract Documents. In the event that during the one-year warranty period any portion of the Work is determined by the City Engineer to be defective as a result of an obligation of the Contractor under this Agreement, the Contractor shall be in default. See General Provisions Section 11, “Guarantee”.

13. LABOR REQUIREMENTS. 13.1. Prevailing Wage. The California general prevailing wage rates determined by the

Director of Industrial Relations are made a part of this Agreement. Nothing in the Contract Documents shall be interpreted in a manner conflicting with these rates. See General Provisions Section 9.05 (d), “Prevailing Wage”.

13.2. Apprentices. Labor Code Sections 1777.5, 1777.6 and 1777.7 govern the

employment of apprentices by Contractor or any Subcontractor. Contractor and any of his Subcontractors shall comply with these Labor Code requirements. Contractor shall have full responsibility for compliance regardless of any other contractual or employment relations alleged to exist. See General Provisions Section 9.05 (f), “Apprentice Program”.

13.3. Wage Information. A copy of the general prevailing rates of per diem wager for

each craft, classification or type of worker needed to perform the Agreement, as determined by the Director of the State Department of Industrial Relations, are available at the office of the City’s Director of Development and Engineering Services, located at Tracy City Hall, 333 Civic Center Plaza. These will be made available to any interested party upon request.

13.4 Hours of Labor. The Contractor shall forfeit, as a penalty, to the City $50 for each

worker employed in the execution of the Agreement by him or by any Subcontractor for each calendar day during which any worker is required or permitted to labor more than 8 hours, in violation of Labor Code sections 1810-1815. See General Provisions Section 9.05 (c), “Hours of Labor”.

13.5 Nondiscrimination. Contractor shall afford equal employment opportunities for all

persons without discrimination because of race, color, religion, sex, sexual orientation, political affiliation, national origin, ancestry, age, marital status, or physical or mental disability. See General Provisions Section 9.05 (a), “Non-Discrimination”.

14. INDEPENDENT CONTRACTOR STATUS. Contractor is an independent contractor. All persons working for or under the direction of the Contractor are the Contractor’s employees, agents or Subcontractors, and they shall not be deemed agents, servants or employees of the City. See General Provisions Sections 9.01, “Contractor’s Responsibility for the Work” and 9.02, “Contractor’s Responsibility for Subcontracted Work”.

15. CONFLICTS OF INTEREST. Contractor (including its employees, agents, and subcontractors) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. In the event that Contractor maintains or acquires such a conflicting interest, any contract (including this Agreement) involving Contractor’s conflicting interest may be terminated by the CITY.

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Agreement and Agreement Forms A-5 Police Radio Equipment Room Fire Suppression System CIP 71050B

16. ATTORNEY’S FEES. If any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred.

17. INDEMNIFICATION. Contractor shall indemnify, defend, and hold harmless the City (including its elected officials, officers, agents, and employees) from and against any and all claims (including all litigation, demands, damages, liabilities, costs, and expenses) resulting from or arising out of the performance of the Work by Contractor (including Contractor’s agents, representatives, contractors, subcontractors, and employees), except only for those claims arising from the established willful misconduct or active negligence of the City. Contractor’s indemnification shall specifically include, but not be limited to, all claims arising out of: contract claims, property damage, personal injury, and any infringement of patent rights or copyrights incidental to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. Contractor’s indemnification shall include any and all costs, expenses, court costs, attorneys’ fees and liability incurred by the City in enforcing the provisions of this section, and in defending against such claims, whether the same proceed to judgment or not. Contractor shall reimburse City for any expenditures City incurs by reason of such matters.

18. ASSIGNMENT AND DELEGATION. 18.1. Assignment of This Agreement. This Agreement and any portion thereof shall not

be assigned or transferred, nor shall any of the Contractor’s duties be delegated, without the written consent of the City. See General Provisions Section 3.04, “Assignment”.

18.2 Assignment pursuant to Government Code. Pursuant to Government Code Section

4552, the Contractor shall assign to the City, all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Action (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties. The Contractor further warrants that all goods, services, and materials provided to the City in accordance with this Contract are free and clear of all liens and encumbrances.

19. MISCELLANEOUS PROVISIONS.

19.1. Notices. All notices, demands, or other communications which this Agreement

contemplates or authorizes shall be in writing and shall be personally delivered or mailed to the respective party as follows:

To CITY: To CONTRACTOR: City of Tracy _____________________________ Development Services Dept. _____________________________ Attn: Paul Verma _____________________________ 333 Civic Center Plaza _____________________________ Tracy, CA 95376 _____________________________

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Agreement and Agreement Forms A-6 Police Radio Equipment Room Fire Suppression System CIP 71050B

Communications shall be deemed to have been given and received on the first to occur of: (1) actual receipt at the address designated above, or (2) three working days following the deposit in the United States Mail of registered or certified mail, sent to the address designated above.

19.2. Waivers. Waiver of a breach or default under this Agreement shall not constitute a

continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.

19.3. Severability. In the event any term of this Agreement is held invalid by a court of

competent jurisdiction, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect.

19.4. Public Records. Public records are subject to disclosure under the California

Public Records Act, Government Code Section 6250 et. seq.

19.5. Jurisdiction and venue. The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of San Joaquin.

19.6. Signatures. The individuals executing this Agreement represent and warrant that

they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Contractor and the City. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

(Signatures on next page)

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Agreement and Agreement Forms A-7 Police Radio Equipment Room Fire Suppression System CIP 71050B

IN WITNESS WHEREOF the parties do hereby agree to the full performance of the terms set forth herein.

CONTRACTOR: Name of Contractor Contractor’s Address Federal Employer ID No. Contractor’s License No. Class of License & Exp. Date If Contractor is a Corporation, the agreement must be signed by one corporate officer from each of the following two groups:

Group A - Chairman, President or Vice President Group B – Secretary, Assistant Secretary, CFO or Assistant Treasurer

If Contractor is a partnership, the agreement must be signed by the partner or partners authorized to sign contracts on behalf of the partnership. If Contractor is an individual, the agreement must be signed by the individual. If the signature is by an agent other than an officer of a corporation, or a member of a partnership, a power of attorney must be submitted with the Agreement.

Authorized Signature of Contractor Authorized Signature of Contractor Name of Signatory (written out) Name of Signatory (written out) Title of Signatory Title of Signatory Date Date

CITY OF TRACY:

Date:_________________

By: Troy Brown (Approval Effective) Title: City Manager

ATTEST:

Date:_________________

By: Nora Pimentel

Title: CITY CLERK

APPROVED AS TO FORM:

Date:_________________

By: Daniel G. Sodergren

Title: CITY ATTORNEY

END OF AGREEMENT

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Agreement and Agreement Forms A-8 Police Radio Equipment Room Fire Suppression System CIP 71050B

Faithful Performance Bond

CITY OF TRACY Tracy, California Bond Number___________

WHEREAS, (“Principal”) has entered into

an “Agreement” with the City of Tracy (“City”) for the project identified as: POLICE RADIO EQUIPMENT

ROOM FIRE SUPPRESSION SYSTEM, CIP 71050B, the terms and conditions of which are incorporated herein by reference; and WHEREAS, the terms of the Agreement require the Principal to submit performance security.

NOW, THEREFORE, Principal and (“Surety”), are hereby held and firmly bound unto the City in the amount of ______________________________ dollars ($____________), for payment of which Principal and Surety hereby bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if Principal (or its heirs, executors, administrators, successors, or assigns approved by the City) performs the covenants, conditions, and obligations of the Agreement, including the obligation to indemnify, defend, and hold harmless the City, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect.

The Surety’s obligation under this bond shall arise after the City has provided written notice to the Surety, at the address set forth below, of the Principal’s default under the Agreement, and the Principal’s failure to cure the default in accordance with the terms of the Agreement.

The Surety hereby agrees, for value received, that its obligations under this bond shall in no way be impaired or modified by any modification to the Agreement by the City and the Principal, and the Surety hereby waives notice of any such modification.

In the event suit is brought upon this bond, the surety shall pay reasonable attorneys’ fees and costs incurred by the prevailing parties in such suit, which fees and costs shall be in addition to the face amount of the bond.

IN WITNESS WHEREOF, the undersigned represent and warrant that they have the right, power, legal capacity, and authority to enter into and execute this document on behalf of the Principal and the Surety, and have caused this document to be executed by setting hereto their names, titles, and signatures.

Principal: Surety: (Name of Firm) (Name of Firm) By: By: Title: Title: Date: _____________________________________ Date: _____________________________ Address for Notices to Surety: NOTE: NOTARY ACKNOWLEDGMENT FOR SURETY AND SURETY’S POWER OF ATTORNEY

MUST BE ATTACHED.

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Agreement and Agreement Forms A-9 Police Radio Equipment Room Fire Suppression System CIP 71050B

Labor and Material Bond CITY OF TRACY Tracy, California Bond Number___________

WHEREAS, (“Principal”) has entered into

an “Agreement” with the City of Tracy (“City”) for the project identified as POLICE RADIO EQUIPMENT

ROOM FIRE SUPPRESSION SYSTEM, CIP 71050B, the terms and conditions of which are incorporated herein by reference; and the terms of the Agreement require the Principal to submit payment (labor & material) security for the benefit of all “Claimants”; and

WHEREAS, the term “Claimants” is defined as any of the persons named in California Civil Code Section 3181, or their assigns.

NOW, THEREFORE, Principal and (“Surety”), are hereby held and firmly bound unto the City, and all Claimants, in the amount of ______________________________ dollars ($____________), for payment of which Principal and Surety hereby bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal (or its heirs, executors, administrators, successors, or assigns approved by the City) and all of its subcontractors pay: (a) all Claimants, and (b) all amounts due under the California Unemployment Insurance Code with respect to work or labor performed under the Agreement, and (c) all amounts required to be deducted, withheld, and paid over to the California Employment Development Department from the wages of employees of the Principal and its subcontractors pursuant to California Unemployment Insurance Code Section 13020 with respect to such work and labor; then this obligation shall become and be null and void; otherwise it shall remain in full force and effect.

The Surety’s obligation under this bond shall arise, and the Surety shall make appropriate payments, after the Surety has received written notice, at the address set forth below, of the Principal’s failure to make payment in accordance with the obligations of the Agreement or this bond.

This bond shall inure to the benefit of the City and Claimants, as to give a right of action to any Claimant or their assigns in any suit brought upon this bond.

In the event suit is brought upon this bond, the surety shall pay reasonable attorneys’ fees and costs incurred by the prevailing parties in such suit, which fees and costs shall be in addition to the face amount of the bond.

The Surety hereby agrees, for value received, that its obligations under this bond shall in no way be impaired or modified by any modification to the Agreement by the City and the Principal, and the Surety hereby waives notice of any such modification.

IN WITNESS WHEREOF, the undersigned represent and warrant that they have the right, power, legal capacity, and authority to enter into and execute this document on behalf of the Principal and the Surety, and have caused this document to be executed by setting hereto their names, titles, and signatures.

Principal: Surety: (Name of Firm) (Name of Firm) By: By: Title: Title: Date: ______________________________ Date: _________________________ Address for Notices to Surety: NOTE: NOTARY ACKNOWLEDGMENT FOR SURETY AND SURETY’S POWER OF ATTORNEYMUST BE ATTACHED.

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Agreement and Agreement Forms A-10 Police Radio Equipment Room Fire Suppression System CIP 71050B

WARRANTY BOND (To Be Submitted Prior to Contract Execution

Pursuant to General Provisions Section 3.07, “Contract Bonds”)

CITY OF TRACY Tracy, California 95376 Bond Number _________ WHEREAS, (“Principal”) has entered into an “Agreement” dated _________________, 20___, with the City of Tracy (“City”) for the

project identified as: POLICE RADIO EQUIPMENT FIRE SUPPRESSION SYSTEM, CIP 71050B, the terms and conditions of which are incorporated herein by reference; and

WHEREAS, the terms of the Agreement require the Principal to install and complete certain

designated public improvements; and WHEREAS, the Principal is required under the terms of said agreement to furnish a good and

sufficient warranty bond for the faithful performance of said agreement pursuant to Government Code Sections 66499.1., 66499.4. and 66499.9. and Tracy Municipal Code Section 12.36.080, and

WHEREAS, Principal has completed the construction of various public improvements, consisting

generally of the following scope of work: ________________________________________________________________________________________________________________________________________________________________________

in accordance with the General Provisions, the Drawings and Specifications, which Contract Documents are by reference incorporated herein, and made a part hereof, and is referred to as the Plans.

NOW, THEREFORE, the condition of this obligation is such that, if Principal shall remedy any defects due to faulty materials or workmanship, and pay for any damage to other work resulting there from, which shall appear within a period of one (1) year from the date of substantial completion of the work, or acceptance of the project, provided for in the Plans, then this obligation to be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, the Principal has duly executed this instrument and Surety above named, on ________________________________, 20___. Principal Bonding Company

NOTE: THE WARRANTY BOND SHALL BE SUBMITTED BY THE CONTRACTOR PRIOR TO THE

EXECUTION OF THE AGREEMENT, CONCURRENTLY WITH THE FAITHFUL PERFORMANCE

BOND AND LABOR AND MATERIAL BOND, PRIOR TO THE COMMENCEMENT OF ANY WORK.

ALL APPLICABLE PROVISIONS OF THE CONTRACT DOCUMENTS SHALL BE MODIFIED TO

REFLECT THIS REQUIREMENT.

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Agreement and Agreement Forms A-11 Police Radio Equipment Room Fire Suppression System CIP 71050B

General Liability Endorsement

1. POLICY INFORMATION Endorsement No. _______________ Policy No. ______________________

1.1 Insurance Company ____________________________ (“Company”) (Must have a current A.M. Best’s rating of no less than A:VII)

Address & Telephone of Insurance Company _____________________________________ _____________________________________

ATTN:_______________________________ Phone:__________________________

1.2 Named Insured ________________________________ (“Named Insured”)

Address & Telephone of Named Insured _____________________________________ _____________________________________

ATTN:_______________________________ Phone:__________________________

1.3 City of Tracy (“City”). (The term “City” shall include the City, its elected and appointed officials,

officers, employees, agents and volunteers.) Address & Telephone of City City of Tracy, _________________ Department 333 Civic Center Plaza, Tracy CA 95376

ATTN:_______________________________ Phone:__________________________

1.4 Policy Term (From) ________ (To) _______ 1.5 Endorsement Effective Date _____________ 1.6 Limit of Liability

Any One Occurrence $________________ (minimum $1 million) General Aggregate $________________ (minimum $2 million) 1.7 Excess Liability Each Occurrence $________________

Aggregate $________________ 1.8 Deductible or Self-Insured Retention: $_____________

(Nil Unless Otherwise Specified)

2. POLICY AMENDMENTS

2.1 COVERAGE. Contractor shall furnish the City with original certificates and endorsements, including amendatory endorsements, in consideration of the policy premium. Notwithstanding any inconsistent statement in the Policy to which this Endorsement or any other endorsement is attached thereto, it is agreed as set forth in the requirements herein.

2.2 INSURED. The City is included as an insured regarding damages and defense of claims

arising from: (a) Activities performed by or on behalf of the Named Insured; (b) Products and completed operations of the Named Insured; or (c) Premises owned, leased, or used by the Named Insured.

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Agreement and Agreement Forms A-12 Police Radio Equipment Room Fire Suppression System CIP 71050B

2.3 CONTRIBUTION NOT REQUIRED. The insurance provided by the Policy shall be primary insurance, with respect to the City, for: (a) Work performed by the Named Insured for or on behalf of the City, (b) Products sold by the Named Insured for or on behalf of the City, (c) Products sold by the name Insured to the City, or (d) Premises leased by the Named insured from the City. Any insurance maintained by the City shall be in excess of the insurance provided by the Policy, and the City’s insurance shall not contribute with it.

2.4 SCOPE OF COVERAGE. The Policy provides coverage at least as broad as Insurance

Services Office (ISO) Commercial General Liability Coverage, “occurrence” form CG 00 01. 2.5 SEVERABILITY OF INTEREST. The insurance provided by the Policy applies separately to

each insured who is seeking coverage or against whom a claim is made or a suit is brought. 2.6 PROVISIONS REGARDING THE NAMED INSURED’S DUTIES AFTER ACCIDENT OR

LOSS. Any failure by the Named Insured to comply with reporting provisions of the Policy shall not affect coverage provided to the City.

2.7 CANCELLATION NOTICE. The insurance provided by the Policy shall not be suspended,

voided, canceled, or materially changed in coverage or in limits except after thirty (30) days prior written notice has been given to the City.

2.8 METHOD OF PROVIDING NOTICE. All notices, demands, or other communications

contemplated by this Endorsement, including: (a) notices of claims provided to the Insurance Company, (b) cancellation notices provided to the City, and (c) notices of change of address, shall be in writing and personally delivered or mailed to the respective party at the address designated in this Endorsement. Communications shall be deemed to have been given and received on the first to occur of: (i) actual receipt at the address designated above, or (ii) three working days following the deposit in the United States Mail of registered or certified mail, sent to the address designated in this Endorsement.

3. SIGNATURE OF AUTHORIZED REPRESENTATIVE OF THE INSURER The individuals executing this Endorsement represent and warrant that they have the right, power,

legal capacity, and authority to bind the Insurance Company identified on this endorsement, and by their signature hereby bind the Insurance Company.

_________________________________________________ ____________ SIGNATURE OF AUTHORIZED REPRESENTATIVE DATE

___________________________________________________________________ TYPED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

Address & Telephone of Authorized Representative _____________________________________ _____________________________________ ATTN:_______________________________

Phone:_______________________________

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Agreement and Agreement Forms A-13 Police Radio Equipment Room Fire Suppression System CIP 71050B

Automobile Liability Endorsement

1. POLICY INFORMATION Endorsement No. _______________ Policy No. ______________________

1.1 Insurance Company ____________________________ (“Company”) (Must have a current A.M. Best’s rating of no less than A:VII)

Address & Telephone of Insurance Company _____________________________________ _____________________________________

ATTN:_______________________________ Phone:__________________________

1.2 Named Insured ________________________________ (“Named Insured”)

Address & Telephone of Named Insured _____________________________________ _____________________________________

ATTN:_______________________________ Phone:__________________________

1.3 City of Tracy (“City”). (The term “City” shall include the City, its elected and appointed officials,

officers, employees, agents and volunteers.) Address & Telephone of City City of Tracy, _________________ Department 333 Civic Center Plaza, Tracy CA 95376

ATTN:_______________________________ Phone:__________________________

1.4 Policy Term (From) ________ (To) _______ 1.5 Endorsement Effective Date _____________ 1.6 Limit of Liability

Any One Occurrence $________________ General Aggregate $________________ 1.7 Excess Liability Each Occurrence $________________ (minimum $1 million)

Aggregate $________________ 1.8 Deductible or Self-Insured Retention: $_____________

(Nil Unless Otherwise Specified)

2. POLICY AMENDMENTS

2.1 COVERAGE. Contractor shall furnish the City with original certificates and endorsements, including amendatory endorsements, in consideration of the policy premium. Notwithstanding any inconsistent statement in the Policy to which this Endorsement or any other endorsement is attached thereto, it is agreed as set forth in the requirements herein.

2.2 INSURED. The City is included as an insured regarding damages and defense of claims

arising from: the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the Named Insured.

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Agreement and Agreement Forms A-14 Police Radio Equipment Room Fire Suppression System CIP 71050B

2.3 CONTRIBUTION NOT REQUIRED. The insurance provided by the Policy shall be primary insurance, with respect to the City, for Work performed by the Named Insured for or on behalf of the City. Any insurance maintained by the City shall be in excess of the insurance provided by the Policy, and the City’s insurance shall not contribute with it.

2.4 SCOPE OF COVERAGE. The Policy provides coverage at least as broad as Insurance

Services Office form CA 00 01, Code 1 for “any auto.” 2.5 SEVERABILITY OF INTEREST. The insurance provided by the Policy applies separately to

each insured who is seeking coverage or against whom a claim is made or a suit is brought. 2.6 PROVISIONS REGARDING THE NAMED INSURED’S DUTIES AFTER ACCIDENT OR

LOSS. Any failure by the Named Insured to comply with reporting provisions of the Policy shall not affect coverage provided to the City.

2.7 CANCELLATION NOTICE. The insurance provided by the Policy shall not be suspended,

voided, canceled, or materially changed in coverage or in limits except after thirty (30) days prior written notice has been given to the City.

2.8 METHOD OF PROVIDING NOTICE. All notices, demands, or other communications

contemplated by this Endorsement, including: (a) notices of claims provided to the Insurance Company, (b) cancellation notices provided to the City, and (c) notices of change of address, shall be in writing and personally delivered or mailed to the respective party at the address designated in this Endorsement. Communications shall be deemed to have been given and received on the first to occur of: (i) actual receipt at the address designated above, or (ii) three working days following the deposit in the United States Mail of registered or certified mail, sent to the address designated in this Endorsement.

3. SIGNATURE OF AUTHORIZED REPRESENTATIVE OF THE INSURER The individuals executing this Endorsement represent and warrant that they have the right, power,

legal capacity, and authority to bind the Insurance Company identified on this endorsement, and by their signature hereby bind the Insurance Company.

_________________________________________________ ____________ SIGNATURE OF AUTHORIZED REPRESENTATIVE DATE

___________________________________________________________________ TYPED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

Address & Telephone of Authorized Representative _____________________________________

_____________________________________ ATTN:_______________________________

Phone:_______________________________

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Agreement and Agreement Forms A-15 Police Radio Equipment Room Fire Suppression System CIP 71050B

Worker’s Compensation/Employers Liability Endorsement 1. POLICY INFORMATION Endorsement No. _______________ Policy No. ______________________

1.1 Insurance Company ____________________________ (the “Company) Address & Telephone of Insurance Company _____________________________________ _____________________________________ ATTN:________________________________ Phone:__________________________

1.2 Named Insured _________________________________ (“Named Insured”)

Address & Telephone of Named Insured _____________________________________ _____________________________________ ATTN:________________________________ Phone:__________________________

1.3 City of Tracy (“City”). (The term “City” shall include the City, its elected and appointed officials,

officers, employees, agents and volunteers.) Address & Telephone of City City of Tracy, _________________ Department 333 Civic Center Plaza, Tracy CA 95376

ATTN:_______________________________ Phone:__________________________

1.4 Policy Term (From) ________ (To) _______ 1.5 Endorsement Effective Date _____________ 1.6 Employer’s Liability Limit: $_____________ (minimum $1 million)

2. POLICY AMENDMENTS

2.1 COVERAGE. Contractor shall furnish the City with original certificates and endorsements, including amendatory endorsements, in consideration of the policy premium. Not withstanding any inconsistent statement in the Policy to which this Endorsement or any other endorsement is attached thereto, it is agreed as set forth in the requirements herein.

2.2 WAIVER OF SUBROGATION. The Insurance Company hereby waives all rights of

subrogation against the City for losses paid under the terms of the Policy which arise from Work performed by the Named Insured for the City.

2.3 SCOPE OF COVERAGE. The Policy provides coverage of at least as broad as required by

the State of California and Employer’s Liability Insurance. 2.4 CANCELLATION NOTICE. The insurance provided by the Policy shall not be suspended,

voided, canceled, or materially changed in coverage or in limits except after thirty (30) days prior written notice has been given to the City.

2.5 METHOD OF PROVIDING NOTICE. All notices, demands, or other communications

contemplated by this Endorsement, including: (a) notices of claims provided to the Insurance Company, (b) cancellation notices provided to the City, and (c) notices of change of address, shall be in writing and personally delivered or mailed to the respective party at the address designated in this Endorsement. Communications shall be deemed to have been given and

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Agreement and Agreement Forms A-16 Police Radio Equipment Room Fire Suppression System CIP 71050B

received on the first to occur of: (i) actual receipt at the address designated above, or (ii) three working days following the deposit in the United States Mail of registered or certified mail, sent to the address designated in this Endorsement.

3. SIGNATURE OF AUTHORIZED REPRESENTATIVE OF THE INSURER The individuals executing this Endorsement represent and warrant that they have the right, power,

legal capacity, and authority to bind the Insurance Company identified on this endorsement, and by their signature hereby bind the Insurance Company.

_________________________________________________ ____________ SIGNATURE OF AUTHORIZED REPRESENTATIVE DATE

____________________________________________________________________ TYPED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

Address & Telephone of Authorized Representative _____________________________________

_____________________________________ ATTN:_______________________________

Phone:_______________________________

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Agreement and Agreement Forms A-17 Police Radio Equipment Room Fire Suppression System CIP 71050B

WORKERS' COMPENSATION CERTIFICATION Labor Code Section 1861

The Informal Bidder hereby certifies as follows:

"I am aware of the provisions of Section 3700 of the Labor Code, which requires 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 and furnish proof of said insurance before commencing the performance of the work of this contract."

Name of Contractor Signature of Contractor Representative Dated: __________________________

NOTE: THIS CERTIFICATION MUST BE COMPLETED AND RETURNED BY THE SUCCESSFUL INFORMAL

BIDDER PRIOR TO THE START OF CONSTRUCTION.

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Agreement and Agreement Forms A-18 Police Radio Equipment Room Fire Suppression System CIP 71050B

CERTIFICATION OF SAFETY REQUIREMENTS FOR

CONTRACTORS AND VENDORS California Code of Regulations, Title 8, Section 1509

To work as a contractor or vendor with the City of Tracy, your organization is required to certify that it has an active on-the-job written Injury and Illness Prevention Program. This program is essential to make the job as accident-free as possible and to comply with Federal and State Safety Standards. The undersigned hereby certifies that his/her organization has an active written Injury and Illness Prevention Program, as required by Cal-OSHA under California Code of Regulations, Title 8, General Industry Safety Orders, Section 3203 and/or Construction Safety Orders, Section 1509, that ensures compliance with, and enforcement of, current minimum Cal-OSHA Safety Standards, and that his/her organization has knowledge of these standards that are applicable to the job operations. This includes a program for ensuring employees have been trained to recognize hazards of their job. The undersigned also hereby certifies that his/her organization has an active written Hazard Communication Program with evidence that all employees have been trained in safe use and handling of chemicals on the job site, and a file will be made available for review by the City of Tracy of each Material Safety Data Sheet (MSDS) on those chemicals kept on the site. Name of Contractor Signature of Contractor Representative Dated: __________________________

NOTE: THIS CERTIFICATION MUST BE COMPLETED AND RETURNED BY THE SUCCESSFUL INFORMAL

BIDDER PRIOR TO THE START OF CONSTRUCTION.

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Agreement and Agreement Forms A-19 Police Radio Equipment Room Fire Suppression System CIP 71050B

GUARANTEE (To Be Submitted Prior to Project Acceptance

Pursuant to Agreement, Section 12, “Warranty”)

FOR THE CITY OF TRACY Tracy, California 95376

POLICE RADIO EQUIPMENT ROOM FIRE SUPPRESSION SYSTEM

CIP 71050B

We hereby guarantee that the work we have installed for POLICE RADIO EQUIPMENT ROOM

FIRE SUPPRESSION SYSTEM, CIP 71050B has been done in accordance with the Plans and Specifications and that the work installed will fulfill the requirements of the guarantee. We agree to repair or replace any or all of our work, together with any other adjacent work which may be displayed in so doing that may prove to be defective in its workmanship or material within a period of one (1) year from the date of acceptance of the above-named work by the City of Tracy, without any expense whatsoever to the City of Tracy, ordinary wear and tear and unusual abuse or neglect excepted. Within fifteen (15) days after being notified in writing by the City of Tracy of any defects in the work, we agree to commence and prosecute with due diligence all work necessary to fulfill the terms of this guarantee, and to complete the work within a reasonable period of time, and in the event of our failure to so comply, we collectively and separately, do hereby authorize said City of Tracy to proceed to have such work done at our expense and we will honor and pay the cost and changes therefore upon demand. Dated: By:

NOTE: THIS CERTIFICATION MUST BE COMPLETED AND RETURNED BY THE SUCCESSFUL INFORMAL

BIDDER PRIOR TO PROJECT ACCEPTANCE.

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i General Provisions (1-2009)

GENERAL PROVISIONS

TABLE OF CONTENTS

SECTION 1 – TERMS AND DEFINITIONS 1.01 Terms ....................................................................................................................................... 1 1.02 Definitions .............................................................................................................................. 1

SECTION 2 – PROPOSAL REQUIREMENTS AND CONDITIONS

2.01 General .................................................................................................................................... 5 2.02 Proposal Forms ...................................................................................................................... 5 2.03 Rejection of Proposals Containing Alterations, Erasures, or Irregularities ................... 5 2.04 Submission of Bids ................................................................................................................ 5 2.05 Approximate Estimate .......................................................................................................... 5 2.06 Bid Prices to Cover Entire Work .......................................................................................... 6 2.07 Examination of Plans, Specifications and Work Site ........................................................ 6 2.08 Requests for Clarification ..................................................................................................... 6 2.09 Addenda ................................................................................................................................. 6 2.10 Subcontractors ........................................................................................................................ 6 2.11 Proposal Guarantee ............................................................................................................... 7 2.12 Withdrawal of Bids ................................................................................................................ 7 2.13 Disqualification of Bidders ................................................................................................... 8 2.14 Bid Protest Procedure ............................................................................................................ 8

SECTION 3 – AWARD AND EXECUTION OF CONTRACT 3.01 Opening and Initial Review of Bids .................................................................................... 9 3.02 Determination of Lowest Responsible Bidder ................................................................... 9 3.03 Award of Contract ................................................................................................................. 10 3.04 Assignment ............................................................................................................................. 10 3.05 Return of Bid Security ........................................................................................................... 11 3.06 Forfeiture of Proposal Guarantee ........................................................................................ 11 3.07 Contract Bonds ....................................................................................................................... 11 3.08 Insurance Requirements ....................................................................................................... 11

SECTION 4 – SCOPE AND CONTROL OF THE WORK

4.01 Work to be Done .................................................................................................................... 14 4.02 Project Scope ........................................................................................................................... 14 4.03 Authority of the Engineer ..................................................................................................... 14 4.04 Contract Documents .............................................................................................................. 14 4.05 Precedence of Contract Documents .................................................................................... 14 4.06 Plans and Specifications ........................................................................................................ 14 4.07 Interpretation of Plans and Specifications .......................................................................... 15 4.08 Record Documents ................................................................................................................ 15 4.09 Reuse of Documents .............................................................................................................. 15 4.10 Subsurface Data ..................................................................................................................... 15 4.11 Right-of-Way .......................................................................................................................... 16 4.12 Removal of Defective and Unauthorized Work ................................................................ 16 4.13 Shop Drawing Submittals ..................................................................................................... 16 4.14 Construction Staking ............................................................................................................. 16 4.15 Inspection of the Work .......................................................................................................... 17 4.16 Testing ..................................................................................................................................... 17

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ii General Provisions (1-2009)

SECTION 5 – CHANGES IN WORK

5.01 Limited City Authority ......................................................................................................... 18 5.02 Contractor Liability for Unapproved Change Orders ...................................................... 18 5.03 Non-Material Change Requests by the Contractor ........................................................... 18 5.04 Letters of Instruction ............................................................................................................. 18 5.05 Inconsistencies, Changed Conditions and Requests for Information ............................. 18 5.06 Extra Work .............................................................................................................................. 19 5.07 Change Orders ....................................................................................................................... 19 5.08 Disputed Work ....................................................................................................................... 21

SECTION 6 – CONTROL OF MATERIALS 6.01 Materials and Workmanship................................................................................................ 23 6.02 Protection of Work and Materials ....................................................................................... 23 6.03 Inspection of Materials by City ............................................................................................ 23 6.04 Inspection of Materials by Others ....................................................................................... 23 6.05 Tests of Materials ................................................................................................................... 24 6.06 Certification ............................................................................................................................ 24 6.07 Trade Names or Equals ......................................................................................................... 24 6.08 Weighing and Metering Equipment ................................................................................... 25 6.09 Calibration of Testing Equipment ....................................................................................... 25

SECTION 7 – UTILITIES

7.01 City’s Statutory Obligation ................................................................................................... 26 7.02 Contractor’s Obligation to Identify and Protect Subsurface Infrastructure .................. 26 7.03 Location ................................................................................................................................... 26 7.04 Protection ................................................................................................................................ 27 7.05 Shut Down Notification ........................................................................................................ 27 7.06 Removal .................................................................................................................................. 27 7.07 Relocation ............................................................................................................................... 28 7.08 Delays ...................................................................................................................................... 28 7.09 Cooperation ............................................................................................................................ 28

SECTION 8 – PROSECUTION, PROGRESS AND ACCEPTANCE OF WORK 8.01 Notice to Proceed ................................................................................................................... 29 8.02 Commencement of Work ...................................................................................................... 29 8.03 Subcontracting ....................................................................................................................... 29 8.04 Construction Schedule .......................................................................................................... 29 8.05 Construction Sequence .......................................................................................................... 29 8.06 Recording Existing Conditions ............................................................................................ 30 8.07 Preconstruction Conference ................................................................................................. 30 8.08 Progress Meeting ................................................................................................................... 30 8.09 Hours of Construction .......................................................................................................... 30 8.10 Prosecution of Work .............................................................................................................. 31 8.11 Suspension of Work............................................................................................................... 31 8.12 Default by the Contractor and Termination of Control .................................................... 31 8.13 Contractor’s Right to Stop Work or Terminate Contract ................................................. 32 8.14 City’s Right to Terminate Contract ..................................................................................... 33 8.15 Time of Completion and Days Charged ............................................................................. 34 8.16 Liquidated Damages ............................................................................................................. 34 8.17 Delays and Extension of Time.............................................................................................. 35

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iii General Provisions (1-2009)

8.18 Substantial Completion ......................................................................................................... 37 8.19 Final Completion ................................................................................................................... 37 8.20 Final Acceptance .................................................................................................................... 38 8.21 Risk of Loss ............................................................................................................................. 38 8.22 Use of Improvements During Construction ..................................................................... 38

SECTION 9 – RESPONSIBILITIES OF THE CONTRACTOR 9.01 Contractor’s Responsibility for the Work ........................................................................... 39 9.02 Contractor’s Responsibility for Subcontracted Work ....................................................... 39 9.03 Superintendent ....................................................................................................................... 39 9.04 Character of Workers ............................................................................................................ 39 9.05 Laws to be Observed ............................................................................................................. 40 9.06 Permits and Fees .................................................................................................................... 41 9.07 Coordination and Cooperation ............................................................................................ 42 9.08 Use of Premises ...................................................................................................................... 42 9.09 Construction Staging and Field Office ................................................................................ 43 9.10 Site Security ............................................................................................................................ 43 9.11 Construction Water ............................................................................................................... 43 9.12 Project Site Maintenance ....................................................................................................... 43 9.13 Protection and Preservation of Property ............................................................................ 45 9.14 Restoration of Adjacent and Existing Improvements ....................................................... 46 9.15 Archeological Remains ......................................................................................................... 46 9.16 Access to Private Property .................................................................................................... 46 9.17 Public Convenience and Traffic Control ............................................................................ 47 9.18 Safety ....................................................................................................................................... 49 9.19 Patent Fees or Royalties ........................................................................................................ 51 9.20 Advertising ............................................................................................................................. 51 9.21 Antitrust Claims ..................................................................................................................... 51 9.22 Audit and Examination of Records ..................................................................................... 52

SECTION 10 – MEASUREMENT AND PAYMENT 10.01 Measurement of Quantities for Unit Price Work .............................................................. 53 10.02 Bid Items ................................................................................................................................. 53 10.03 Bid Quantities ......................................................................................................................... 53 10.04 Progress Payments................................................................................................................. 54 10.05 Final Payment ......................................................................................................................... 55 10.06 Claims ...................................................................................................................................... 56 10.07 Time Limit on Claims ............................................................................................................ 57 10.08 City Response to Claims ....................................................................................................... 57 10.09 Appeal of Engineer’s Decision ............................................................................................. 57

SECTION 11 – GUARANTEE

11.01 Contractor’s Guarantee ......................................................................................................... 58 11.02 Correction of Defective Work During the Guarantee Period .......................................... 58 11.03 Acceptance of Defective Work ............................................................................................. 58

* * *

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General Provisions (1-2009) GP-1

SECTION 1 – TERMS AND DEFINITIONS

1.01 Terms – Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer.

1.02 Definitions – Except as amended or supplemented, whenever in the Contract Documents the following terms are used, the intent and meaning shall be interpreted as follows: Agreement - The written contract between the City and the Contractor covering the performance of the work. ASTM - American Society for Testing and Materials specifications. AWWA - American Water Works Association and its Standard Specifications. Addenda - Written or graphic instruments issued prior to the opening of bids which clarify, correct or change the bidding documents or the Contract Documents. Bid - The offer or proposal of the bidder submitted on the prescribed forms setting forth the prices for the work to be performed.

Bid Forms - Includes the Bid Schedule, Designation of Subcontractors, Bidders Statement of Responsibility, Bidder’s Non-Collusion Affidavit, Bid Security, and all other information requested by the Bid Proposal Documents.

Bidder – Any individual, firm, partnership, corporation, or combination thereof submitting a bid

for the work, acting directly or through a duly authorized representative. After the City awards the Contract, the term “Bidder” shall be equivalent to the term “Contractor” for the purpose of identifying the Contractor’s rights and obligations under the Contract Documents. Bidding Documents - The Notice Inviting Bids, Instruction to Bidders, Bid Proposal forms and Bidders Bond. Bonds - Bid, performance, labor and material, and warrantee bonds and other instruments of security. City - City of Tracy, California, as Owner, acting through the City Council or other duly authorized agents. Change Order - A document recommended by the Engineer which is signed by the Contractor and City authorizing an addition, deletion or revision in the work, with possible adjustment in the contract price or the contract time, issued on or after the effective date of the Agreement. City Regulations - All written laws, rules, and policies established by the City, including those set forth in the General Plan, Tracy Municipal Code, ordinances, resolutions, policies, procedures, and City Design Documents (including the Standard Plan, Standard Specifications, Design Standards, and relevant Public Facility Master Plans).

Code – The terms Government Code, Labor Code, etc, refer to codes of the State of California.

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General Provisions (1-2009) GP-2

Contract – See definition for “Agreement”. Contract Documents - See Agreement, Section 2.1, “List of Contract Documents and Precedence”. Construction Plans – Improvement Plans. Contract Price - The total amount of money for which contract is awarded. Contract Time - The number of days or the date stated in the contract as the duration for completing work. Contract Unit Price - The Contractor’s original bid for a single unit of an item of work in the proposal.

Contractor - An individual, partnership, corporation, developer, joint venture, subdivider or other legal entity entering into a contract or agreement with the City to perform the work. After the City awards the Contract, the term “Contractor” shall be equivalent to the term “Bidder” for the purpose of identifying the Contractor’s rights and obligations under the Contract Documents.

Council - The City Council of the City of Tracy. Days - Days shall mean calendar days unless otherwise specified. Defective Work - Work that is unsatisfactory, faulty, omitted, incomplete, deficient, or does not conform to the requirements of the Contract Documents, directives of the Engineer, or requirements of any inspection, reference standard, test, or approval specified in the Contract Documents, or has been damaged prior to the Engineer’s recommendation of final acceptance. See General Provisions Section 6.01, “Materials and Workmanship”.

DES Department – Development and Engineering Services Department. Directive – Any document, signed by the City, with instruction to the Contractor pertaining to

the completion of a project objective; including, but not limited to Field Orders, responses to Requests for Information, Clarifications, Letters of Instruction, the Notice of Award and the Notice to Proceed.

Engineer - The City Engineer or his/her designee.

Final Completion - The point at which work has been completed in accordance with the contract plans and specifications to the satisfaction of the Engineer and there are no items of work remaining to be completed. See General Provisions, Section 8.19, “Final Completion”. Greenbook - The Standard Specifications and Plans written and promulgated by Public Works Standards, Inc., entitled “Standard Specifications for Public Works Construction” (SSPWC), and “Standard Plans for Public Works Construction”, current editions. Hold Harmless - Agreement by one party to bring no claim for negligence, breach of contract, indemnity or otherwise against another party. See Agreement Section 17, “Indemnification”. Laboratory - The laboratory designated by the Engineer to test materials and work involved in the contract.

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General Provisions (1-2009) GP-3

Liquidated Damages - The amount of dollars assessed for each and every calendar day required to complete the contract in excess of the contract time. See General Provisions, Section 8.16, “Liquidated Damages”.

Losses - Any and all losses, costs, liabilities, claims, damages, and expenses, including, without limitation, reasonable attorneys’ fees and expenses. Major Bid Item - A single bid item constituting 10% or more of the contract price.

Materially Unbalanced Bid - A bid that generates a reasonable doubt that awarding a contract to the bidder submitting a mathematically unbalanced bid will result in the lowest ultimate cost to the City. See General Provisions, Section 2.13, “Disqualification of Bidders”.

Mathematically Unbalanced Bid - A bid containing lump sum or unit prices, which do not reflect reasonable actual costs of labor, equipment, materials, plus a reasonable proportionate share of the bidder's anticipated profit, overhead costs, and other indirect costs. Modification – Modifications to the Agreement are executed by change orders, and may only be issued after the effective date of the contract. Notice - Any notice allowed or required to be given by the City may be given by the Engineer. Notice of Award – The written notice by the City to the successful Bidder stating that upon completion of required conditions the City will execute the contract. Notice to Proceed – A written notice by the City to the Contractor fixing the date on which the contract time will start.

Owner - The City of Tracy, California, acting through the City Council or other duly authorized agents.

Plans - The contract plans and/or supplemental drawings approved by the Engineer which show the location, character, dimensions and details of the work.

Project - The total construction of which the work performed under the Contract Documents may be the whole or a part and which may include construction by the City or by separate Contractors.

Proposal - The offer of a bidder when submitted on the proposal form, properly signed and guaranteed. Reference Specifications - Those standards, rules, method of tests or analysis, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the current edition or amendments in effect at the time of advertising the project unless specifically referred to by edition, volume or date. Unless otherwise stated in the plans or specifications, the reference specification in effect shall be that edition which was in effect on the date of the Notice Inviting Bids. Shop Drawings - All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for the Contractor to illustrate some portion of the work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information

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prepared by a supplier and submitted by the Contractor to illustrate material or equipment for some portion of the work. See General Provisions, Section 4.13, “Shop Drawing Submittals”. Special Provisions - Any provisions which supplement or modify these standard specifications. Specifications - Standard Specifications, Reference Specifications, Special, General and Technical Provisions. Standard Plans - The Standard Plans (Standard Details) of the City of Tracy, current edition, including the Parks and Streetscape Standard Plans, current edition, identifying construction standards for the various items of work indicated and/or referred to on the plans, specifications or special provisions.

Standard Specifications - The Standard Specifications of the City of Tracy, current edition. Standard Specifications for Public Works Construction (SSPWC) - The Standard Specifications for Public Works Construction (SSPWC), “Greenbook”, current edition.

State - State of California.

State Standard Plans - The Standard Plans of the Department of Transportation of the State of California (Caltrans), entitled “Standard Plans”, current edition.

State Standard Specifications - The Standard Specifications of the Department of Transportation of the State of California (Caltrans), entitled “Standard Specifications”, current edition.

Subcontractor - Any individual, firm or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the work at the site. Unless otherwise specifically provided, the term Subcontractor includes Subcontractor of any tier, suppliers, manufacturers and distributors. Substantial Completion – When the work (or a specified part thereof) has progressed to the point where it is sufficiently complete and in accordance with the Contract Documents. See General Provisions, Section 8.18, “Substantial Completion”. Surety - Any individual, firm or corporation, bound with and for the Contractor for the acceptable performance and completion of the work, and the satisfaction of all obligations incurred. Surveyor - A land surveyor licensed in the State of California.

Unbalanced Bid - See Materially Unbalanced Bid and Mathematically Unbalanced Bid.

Work - The construction and services required by the Contract Documents as amended by contract modifications, whether completed or partially completed, including all labor, materials, equipment, tools, and services provided or to be provided, by the Contractor to fulfill the Contractor’s obligations. The work may constitute the whole or a part of the project

Working Day – Any day except Saturday, Sunday, Holidays observed by the City, or days in

which the Contractor is entitled to an excusable delay. See General Provisions, Section 8.17, “Delays and Extension of Time”.

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SECTION 2 – PROPOSAL REQUIREMENTS AND CONDITIONS

2.01 General - Bidders may obtain complete sets of the Contract Documents, including the proposal forms to be used for bidding, at the location designated in the Notice to Bidders. Bidders shall use complete sets of Contract Documents in preparing bids. The City makes copies of the Contract Documents available, on the above terms, for the sole purpose of obtaining Bids for the work and does not confer a license or grant permission for any other use of the Contract Documents.

2.02 Proposal Forms – The portion of the Contract Documents entitled “Bid Proposal” focuses the Bidders attention on the requirements for submitting a bid, including the Notice to Bidders, and the Bid Forms.

Bids are required for the entire work described herein, and shall be submitted on the Bid Forms

included within the Bid Proposal documents consisting of the completed Bid Schedule, Designation of Subcontractors, Bidders Statement of Responsibility, Bidder’s Non-Collusion Affidavit, Bidder’s Qualifications, Bidders References, Signature of Bidder, Bid Guarantee, and all other information requested by the Bid Proposal documents.

All blanks on the Bid Forms shall be filled in by typewriter or printed legibly in ink. Corrections

must all be individually initialed by the Bidder. Bidder shall not modify or qualify the Bid Forms in any manner.

Before submitting bids, Contractors shall be licensed as specified in the Notice to Bidders and in

accordance with the provisions of Chapter 9 of Division III of the Business and Professions Code. The Bid Forms shall be signed by a person or persons legally authorized to bind the Bidder to the Contract. The individuals signing each document shall warrant that they are authorized to bind the legal entity of the Bidder.

2.03 Rejection of Proposals Containing Alterations, Erasures, or Irregularities - Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, irregularities of any kind, or corrections and erasures without initials by the Bidder.

2.04 Submission of Bids - All Bid Forms, including all documents required to be submitted

with the Bid, shall be enclosed in a sealed opaque envelope. The envelope shall be clearly marked on its face with the Bidder’s name and address, and the notation “SEALED BID ENCLOSED, CITY OF TRACY”, with an identification of the project name and number as identified in the Notice to Bidders. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope. Oral, telephonic, facsimile, telegraphic, or electronically transmitted Bids are invalid and will not be accepted.

Bids may be mailed or delivered by messenger. It is the Bidder’s responsibility alone to ensure that the Bid is received prior to the bid deadline at the place specified in the Notice to Bidders. Whether or not bids are opened exactly at the time fixed in the public notice inviting bids, any bid received after that time shall be returned unopened.

2.05 Approximate Estimate - The quantities listed in the bid schedule are approximate only, supplied as a general indication of the scope of work and to be used as a basis for comparing bids. The City does not expressly or by implication agree that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of the work, or to delete any portions of the work in their entirety, from the quantities listed on the bid schedule, as may be deemed necessary or advisable by the Engineer.

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2.06 Bid Prices to Cover Entire Work - The quantities listed in the Bid Schedule do not govern final payment, as payments to the Contractor will only be made for the actual quantities constructed in accordance with the plans and specifications as measured by the appropriate unit of measurement indicated in the Bid Schedule, complete in place to the satisfaction of the Engineer. Such payment shall constitute the full compensation for furnishing all materials, labor, tools and equipment for performing the work, and for all other incidentals necessary to complete the work as shown on the plans and described in these specifications.

No separate payment will be made for incidentals or any items delineated on the plans or called for in the specifications to be supplied or installed which are not specifically listed as bid items but are required to complete the project. Full compensation for such items shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed. 2.07 Examination of Plans, Specifications and Work Site - The bidder shall examine carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the general and local conditions to be encountered, as to the character, quality and scope of work to be performed, the quantities of materials to be furnished and as to the requirements of the proposal, plans, specifications and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination.

2.08 Requests for Clarification - In the event the Bidder has any question as to the meaning of any part of the Contract Documents, or if the Bidder finds any error, inconsistency or ambiguity in the Contract Documents, the Bidder shall make a written request for clarification prior to submitting its Bid. Requests for clarification or interpretation of the Contract Documents shall be addressed only to the Engineer designated in the Notice to Bidders. It shall be the Bidder’s responsibility to ensure that any such request be submitted to the City at least five (5) working days prior to the bid opening, in order to allow time for the City to consider a response.

If necessary, the City shall make clarifications, interpretations, corrections, and changes to the Contract Documents by Addenda, issued as provided in the Notice to Bidders. Purported clarifications, interpretations, corrections, and changes to the Contract Documents made in any other manner shall not be binding on the City, and Bidders shall not rely upon them.

2.09 Addenda – If issued, addenda will be in writing, by fax, e-mail or overnight mail. The

City will make reasonable efforts to deliver Addenda to all Bidders who are known by the City to have received a complete set of Contract Documents and who have provided a street address for receipt of Addenda. The City makes no guarantee that all Bidders will receive all the Addenda. Each Bidder shall be responsible for ascertaining, prior to submitting its Bid, that it has received all issued Addenda. Each Bidder shall acknowledge receipt of all Addenda on the Bid Form. Failure to acknowledge receipt of Addenda may render the bid non-responsive. Copies of Addenda will be made available for inspection at the office where Contract Documents are on file for inspection, as indicated on the Notice to Bidders.

Addenda withdrawing the Notice to Bidders or postponing the bid deadline may be issued

anytime prior to the bid deadline. If any Addenda results in a material change to the Contract Documents, and there is less than 72 hours before the bid deadline, pursuant to Public Contract Code, Section 4104.5, the bid deadline will be extended.

2.10 Subcontractors - The Bidder shall comply with the Subletting and Subcontracting Fair

Practices Act as set forth in Public Contract Code, Section 4100 et seq. (hereinafter referred to as the

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“Subcontracting Act”). The following excerpts of some of the requirements of the Subcontracting Act are included below for reference.

The Bidder shall set forth in the bid:

(a) The name and location of the place of business of each Subcontractor who will perform work or labor or render service to the Bidder in or about the construction of the work for this project, or a Subcontractor licensed by the State of California who, under subcontract to the Bidder, specially fabricates and installs a portion of the work or improvements according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent (0.5%) of the Bidder’s bid amount.

(b) The portion of the work which will be done by each Subcontractor under the

Subcontracting Act. The Bidder shall list only one Subcontractor for each portion of the work as defined by the Bidder in the Bid. The Bidder shall not list any Subcontractor who is ineligible pursuant to Labor Code, Sections

1777.1 and 1777.2, and Public Contract Code, Section 6109. If, after the execution of the Agreement, the successful Bidder subcontracts except as provided for

in the Subcontracting Act, or if the Bidder lists in his bid another Contractor who will in turn sublet portions constituting the majority of work covered by the prime contract, the Contractor shall be subject to the penalties set forth in the Subcontracting Act. If the Contractor violates any provisions of the Subcontracting Act, the Contractor violates the Agreement and the City may either terminate the Agreement or assess a penalty to the Contractor in accordance with the terms of the Subcontracting Act.

If the Bidder fails to specify a Subcontractor, or if the Bidder specifies more than one

Subcontractor for the same portion of the work in excess of one-half of one percent (0.5%) of the Bidder’s total Bid Amount, the Bidder agrees that it is fully qualified to perform that portion itself, and that the Bidder shall perform that portion itself.

2.11 Proposal Guarantee - In accordance with the Public Contract Code, Section 20170, each

Bid shall be accompanied by a Bid Security, in the amount of ten percent (10%) of the Bid Amount, as a guarantee for the Bidder’s obligation to enter into an Agreement with the City on the terms stated in the Contract Documents and no bid shall be considered unless such Bid Security is enclosed therewith. Bid Security shall be in the form of cash, cashier’s check, certified check or a Bid Bond made payable to the City of Tracy.

If a Bid Bond is submitted, the surety issuing the Bid Bond shall meet the requirements set by

California law and be authorized to issue surety bonds in the State of California. The Bid Bond shall conform or be executed upon the bond form included in the Bidding Documents. If an attorney-in-fact executes the Bid Bond on behalf of the surety, a notarized and current copy of the power of attorney shall be affixed to the Bid Bond.

The City reserves the right to retain the Bid Security of all bidders until ten (10) working days

following the execution of the Agreement by the successful Bidder, until the time period for the City’s review of Bids as specified in the Instruction to Bidders has expired, or until the Bids have been rejected by the City.

2.12 Withdrawal of Bids – The City’s policy pertaining to the withdrawal of bids is such that

after a bid has been received by the City, no request for withdrawal or modification to a bid will be

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considered until at least ninety (90) calendar days following the bid opening unless the Bidder establishes, after the opening of bids, to the satisfaction of the Engineer, all of the elements identified in California Public Contract Code, Section 5103, including the following:

(a) A clerical error was made by the Bidder in filling out the Bid; and the error was not

due to error in judgment or to carelessness in inspecting the site of the work, or in reading the plans or specifications.

(b) The clerical error caused the Bid to be materially different than the Bidder intended

the Bid to be. (c) The Bidder gave the City written notice within five (5) working days after the

opening of the Bids of the mistake, specifying in detail the nature of the mistake and how the mistake occurred.

2.13 Disqualification of Bidders – More than one proposal from an individual, firm,

partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which that individual, firm, partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among the bidders, any or all proposals may be rejected. Proposals in which the prices are obviously materially or mathematically unbalanced may be rejected.

2.14 Bid Protest Procedure – Any protest of the proposed contract award shall be submitted in writing to the City Clerk no later than 5:00 p.m. on the fifth business day following the date of the bid opening. The protest must include the name, address, and telephone number of the person representing the protesting party. In addition,

(a) The party filing the protest must have submitted a bid for the Project. A

Subcontractor of a party filing a bid for the project may not submit a bid protest. (b) The protest must contain a complete statement of the basis for the protest, and refer

to the specific portion of the Contract Documents or the specific statute that forms the basis for the protest.

(c) The party filing the protest must concurrently transmit a copy of the protest to the

proposed awardee.

Any bidder’s failure to fully comply with these procedures shall constitute a waiver of any right to further pursue a bid protest, including filing of a challenge of the award pursuant to the California Public Contract Code, filing of a claim pursuant to the California Government Code, or filing of any other legal proceedings.

The City shall review all timely protests prior to the award of contract. The City shall not be

required to hold an administrative hearing to consider any protests, but may do so at its option. At the time of the City Council’s consideration of the project award, the City Council shall also consider the merits of any timely protests. The City Council may either reject the protest and award the project to the lowest responsible bidder or accept the protest and award the project to the next lowest responsible bidder. Nothing in this section shall be construed as a waiver of the City Council’s right to reject all bids.

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SECTION 3 – AWARD AND EXECUTION OF CONTRACT 3.01 Opening and Initial Review of Bids - Bids which have been submitted in accordance with

the requirements of the Bidding Documents, and which are received on or before the bid deadline will be opened publicly, and the dollar amounts of each bid shall be read aloud.

The City shall have the right to reject all bids. The City shall have the right to reject any bid not

accompanied by the required bid security or any other item required by the Bidding Documents, or a bid which is in any other way incomplete or irregular. The City shall have the right to waive irregularities in a bid, and to award the Contract to the Lowest Responsible Bidder (as determined by the City), only if the irregularities are non-material and inconsequential.

3.02 Determination of Lowest Responsible Bidder - City shall determine the “Lowest Monetary Bidder” on the basis of the Engineer’s approximate estimate of the quantities of work to be done as set forth in the Bid Schedule, in accordance with the calculation criteria set forth on the bid.

After the Lowest Monetary Bidder has been determined, the Engineer shall review that Bidder’s bid in order to determine whether or not that Bidder is the “Lowest Responsible Bidder.” The term Lowest Responsible Bidder shall mean the Lowest Monetary Bidder whose bid is responsive, and who is responsible to perform the work, as required by the Contract Documents.

The term “responsive” is defined by California law, but generally means that the bid has been prepared and submitted in accordance with the requirements of the Bidding Requirements.

The term “responsible” is defined by California law, but generally means that the Bidder is able to demonstrate that it possesses: (1) the capacity to perform the work required by the Contract Documents with respect to financial strength, resources available, and experience; and (2) the integrity and trustworthiness to complete performance of the work in accordance with the Contract Documents.

The City will make its determination of responsibility based upon information submitted by

Bidders contained in the Bidders Qualifications and Bidders References included in the Bid Forms and, if necessary, through interviews with previous cities, clients, design professionals, or subcontractors with whom the Bidder has worked. In determining whether or not a Bidder is responsible, the City may consider the following factors in relation to the work to be performed for this Project:

(a) Demonstrated financial strength including, but not limited to, resources available,

bonding capacity, and available insurance. (b) Demonstrated safety record including, but not limited to, Experience Modification

Rate. (c) Successful completion of projects of similar scope and size. In reviewing this factor,

the City may consider elements including, but not limited to, contract amount of completed projects, experience on public works projects, experience implementing prevailing wage certified payroll requirements, timeliness of performance and, if necessary, evaluation of the Bidder’s work by previous cities, clients, design professionals, or subcontractors.

(d) Sufficiency of contract administration and construction management systems

including, but not limited to, proposed scheduling tools, proposed subcontract forms, proposed progress payment applications, and proposed certification of payroll documents.

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(e) History of claims, litigation, termination or disqualification from projects.

If the Engineer finds that the Lowest Monetary Bidder submitted a responsive Bid and that the Bidder is responsible, then that Bidder shall be deemed the apparent “Lowest Responsible Bidder,” and the Engineer shall report the findings to the City Council.

If the Engineer finds that the Lowest Monetary Bidder’s bid is not responsive, or that the Lowest Monetary Bidder is not responsible, then the Engineer may review the responsiveness and responsibility of the next Lowest Monetary Bidder. If the Engineer finds that the next Lowest Monetary Bidder is responsive and responsible, then that next lowest Bidder shall be deemed the apparent “Lowest Responsible Bidder,” and Engineer shall report its findings as recommendations to the City Council. This process may continue until the Engineer finds the Lowest Monetary Bidder which is also responsive and responsible.

In the event that one or more Low Monetary Bidders are found by the Engineer to be non-

responsive or non-responsible, those Bidders will be given notice and a reasonable opportunity to present additional relevant evidence to the Engineer for consideration, within five (5) working days after the Bidder receives the notice.

All findings by the Engineer shall be reported as recommendations to the City Council. The City Council reserves the right to reject any or all Bids, and to waive any irregularity. No Bid shall be binding upon the City until after the Agreement is signed by both the Contractor and the City. If the City Council determines that it is in the City’s best interest to award the Agreement, a Notice of Award shall be sent to the Lowest Responsible Bidder as determined by the City Council. The City Council’s decision shall be final.

The City may investigate the responsibility and qualifications of all Bidders to whom the award is contemplated for a period not to exceed ninety (90) calendar days after the Bid opening, during which time no bid shall be withdrawn by the Bidders. The ninety (90) day review period may be extended upon the written request by the Engineer and written approval by the affected Bidder.

3.03 Award of Contract - After the City Council makes a determination as to which Bidder is the Lowest Responsible Bidder, the City shall issue a Notice of Award to the Lowest Responsible Bidder. Within ten (10) calendar days after receipt of the Notice of Award, Bidder shall submit to the City two (2) originals of the signed agreement, the required improvement securities, proof of insurance, a City of Tracy business license and a copy of the required State Contractor’s license. After the Bidder has properly submitted these documents, the City will execute the Agreement and issue a Notice to Proceed.

3.04 Assignment - No agreement or portion thereof maybe assigned without consent of the Council, except that the Contractor may assign money due which will accrue to him under the Agreement. If given written notice, such assignment will be recognized by the City to the extent permitted by law, but any assignment of money shall be subject to all proper setoffs and withholdings in favor of the City and to all deductions provided for in the Agreement. All money withheld, whether assigned or not, shall be subject to being used by the City for completion of the work, should the Contractor be in default.

Any attempt to assign or delegate the Agreement without the written consent of the City shall be

void and of no force and effect. Consent by the City to one assignment shall not be deemed to be consent to any subsequent assignment.

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3.05 Return of Bid Security - Within 10 working days after the execution of the Agreement, the City will return the proposal guaranties accompanying the proposals that are not to be considered in making the award. All other proposal guaranties will be held until the Agreement has been fully executed, after which, they will be returned to the respective bidders whose proposals they accompanied.

3.06 Forfeiture of Proposal Guarantee - If Bidder does not properly execute the contract and

submit the acceptable bonds, insurance and certifications within the specified time, this shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee to the City. The City may then award the contract to next Lowest Responsible Bidder. The forfeited proposal guarantee may be utilized by the City in accordance with Public Contract Code, Sections 20170 through 20174.

3.07 Contract Bonds - Before execution of the contract by the City, the Contractor shall file with the City surety bonds satisfactory to the City in the amounts, and for the purposes, noted below.

(a) Performance Bond - The “Faithful Performance Bond” shall be for one hundred percent

(100%) of the contract price to guarantee faithful performance of all work, within the time prescribed, in a manner satisfactory to the City, and that all materials and workmanship will be free from original or developed defects.

(b) Labor and Material Bond - The “Labor and Material” Bond shall be for not less than one

hundred percent (100%) of the contract price, to satisfy claims of material suppliers and of mechanics and laborers employed by it on the work. The bond shall be maintained by the Contractor in full force and effect until the work is accepted by the City and until all claims for materials and labor are paid.

(c) Warranty Bond - The Contractor shall furnish a warranty bond in the amount of ten

percent (10%) of the final contract price (total cost including change orders) to guarantee his work for one (1) year after acceptance of the work by the City Council. Bonds shall be duly executed by a responsible corporate Surety, licensed and authorized to issue

such bonds in the State of California and secured through an authorized agent with an office in California. Each bond shall be signed by both the Contractor and Surety and the signature of the authorized agent of the Surety shall be notarized.

The Contractor shall pay all bond premiums, costs and incidentals. Should any bond become

insufficient due to an increase in the contract amount, the Contractor shall obtain supplemental bonding within 10 days.

Should any Surety at any time be unsatisfactory to the City, notice will be given the Contractor to

that effect. No further payments shall be deemed due or will be made under the Agreement until a new Surety shall qualify and be accepted by the City.

Changes in the work, or extensions of time, made pursuant to the Agreement, shall in no way

release the Contractor or Surety from their obligations. The requirement for notifying the Surety of such changes or extensions shall be waived by the Surety.

3.08 Insurance Requirements - Contractor shall procure and maintain for the duration of the

Agreement, 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 the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor’s bid.

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(a) Minimum Scope of Insurance - Coverage shall be at least as broad as:

Insurance Services Office (ISO) Commercial General Liability coverage

(occurrence Form number CG 00 01) or ISO form (Form CG 00 09 11 88 Owners and Contractors Protective Liability Coverage Form – Coverage for Operations of Designated Contractor.

Insurance Services Office form number CA 00 01 covering Automobile Liability, Code 1 “any auto”.

Workers’ Compensation insurance as required by the Labor Code of the State of

California and Employers Liability insurance.

(b) Minimum Limits of Insurance - Contractor shall maintain limits no less than:

General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall be twice the required occurrence limit.

Automobile Liability: $1,000,000 combined single limit per accident for bodily

injury and property damage. Workers’ Compensation and Employers Liability: Workers’ compensation limits

as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.

(c) Deductibles and Self-Insured Retentions - Any deductibles or self-insured retentions must be

declared to and approved by the City. At the option of the City, either (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or (b) the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

(d) Other Insurance Provisions - The policies are to contain, or be endorsed to contain, the

following provisions:

1. General Liability and Automobile Liability Coverages:

The City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.

The Contractor’s insurance coverage shall be primary insurance as respects the

City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

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Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suite is brought, except with respect to the limits of the insurer’s liability.

2. Workers’ Compensation and Employers Liability Coverage

The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City.

3. All Coverages

Each insurance policy required by this clause shall be endorsed to state that

coverage shall not be suspended voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.

(e) Acceptability of Insurers - Insurance is to be placed with California admitted insurers with a

Best’s rating of no less than A:VII.

(f) Verification of Coverage - Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements may either be on forms provided by the City or forms provided by the insurer so long as all the necessary information is represented. Where by statute, the City’s workers’ compensation-related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. 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, at any time.

(g) Subcontractor Insurance Contractor shall include all subcontractors as insureds under its policies or shall secure separate certificates and endorsements from each Subcontractor. All Subcontractor coverages shall be subject to all of the requirements stated in this Section, General Provisions, Section 3.08, “Insurance Requirements”.

(h) Indemnification - Approval of any insurance contracts by City does not relieve the Contractor or Subcontractor from liability under the Indemnification Section of the Agreement. City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance.

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SECTION 4 - SCOPE AND CONTROL OF THE WORK 4.01 Work to be Done – The work to be done consists of furnishing all labor, materials,

equipment and services necessary to complete the project, as further described in the Notice to Bidders of these Specifications, and as necessary to leave the site in a neat condition.

4.02 Project Scope - It is the intent of the Plans and Specifications to describe a functionally

complete project (or part thereof) to be constructed in accordance with the Contract Documents. In general, the Special Provisions, General Provisions, and other sections of the specifications indicate the responsibilities of the Contractor and the quality of material and methods of workmanship. The plans indicate dimensions, quantities, positions, and various other details of construction. Clarifications and interpretations of the Contract Documents shall be issued by Engineer.

Any work, materials or equipment that may be reasonably inferred from the Contract Documents

as being required to produce the intended result shall be supplied whether or not specifically called for. When words, which have a well-known technical or trade meaning, are used to describe the work, materials or equipment, such words shall be interpreted in accordance with that meaning. See General Provisions, Section 6.07, “Trade Names or Equals”.

Reference to standard specifications, manuals or codes of any technical society, organization or

association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of the opening of bids (or, on the Effective Date of the Agreement if there were no bids), except as may be otherwise specifically stated. However, no provisions of any referenced standard specifications, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of City, Contractor or Engineer, or any of their consultants, agents or employees, from those set forth in the Contract Documents, nor shall it be effective to assign to the Engineer, or any of the Engineer’s Consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the work or any duty or authority to undertake responsibility for the Contractor.

4.03 Authority of the Engineer – The City has the final authority in all matters affecting the

work. Within the scope of the Agreement, the Engineer has the authority to enforce compliance with the Plans and Specifications and the Contractor shall promptly comply with instructions from the Engineer. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of materials furnished and work performed; equipment; work execution, rate of progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Agreement, unless otherwise ordered by the City.

4.04 Contract Documents – For a list of items that make up the Contract Documents, see the Agreement, Section 2, “Contract Documents”.

4.05 Precedence of Contract Documents - All of the individual components of the Contract

Documents are intended to be complementary and what is required by one shall be binding as if required by all. Interpretation of a disputed meaning or intent of the plans and specifications shall be made initially by the Engineer in accordance with the application of the order of precedence, as described in the Agreement, Section 2.1, “List of Contract Documents and Precedence”. Any final decisions required regarding precedence and discrepancies in the Contract Documents shall be made by the Engineer.

4.06 Plans and Specifications - The Contractor shall keep at the worksite a copy of the plans and specifications, to which the Engineer shall have access to at all times.

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For convenience, the Specifications are arranged in several sections, but such separation shall not

be considered as the limits of the work required by any separate trade. The terms and conditions of such limitations are wholly between the Contractor and his subcontractors.

While the City has endeavored to accurately represent in the plans and specifications the physical

conditions which may affect the cost of the proposed work, the City does not warrant the completeness or accuracy of such information. It is the Contractor’s responsibility to ascertain the existence of any such conditions affecting the cost of the work, which would have been disclosed by reasonable examination of the site.

Conclusions pertaining to any test, investigation, statement or estimate of fact incorporated in the

plans and specifications shall be considered by the Contractor to be a recommendation only. The Contractor may request equal access to the underlying or background information to arrive at his own opinion thereon, including his determination of how reliable might be any conclusion appearing in (or inferred from) the information. The Contractor may not rely upon “record drawings” or similar final or accepted drawings or maps constructed on public or private property. Such information may be used for reference only. Actual locations and depths shall be determined by field investigations by the Contractor.

No oral or telephonic agreement or conversation with any officer, agent, or employee of the City

or the Engineer, or with the Engineer, either before or after execution of the contract, shall affect or modify any of the terms or obligations contained in any of the contract documents.

4.07 Interpretation of Plans and Specifications - The Contractor and each of his Subcontractors shall carefully study and compare each component of the plans and specifications with each other, with information furnished by the City, with the Contract Documents and with applicable legal requirements. During the progress of construction if any errors, inconsistencies, ambiguities, omissions, conflicts or discrepancies are detected, it shall be the Contractor’s duty to immediately report them to the Engineer and obtain written instructions on how to resolve deficiencies prior to proceeding with affected work.

4.08 Record Documents - Contractor shall maintain in good order, at the work site a record

copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Directives, Field Orders and written interpretations and clarifications. These record documents together with all approved samples and a counterpart of all approved Shop Drawings will be available to the Engineer as a reference at all times. Upon completion of the work, these record documents, samples and Shop Drawings will be delivered to Engineer.

The Contractor shall prepare, and update, a master “as-built” set of red-ink annotated (red-lined)

plans, to be reviewed and approved by the Engineer at the end of every month. Upon the project’s completion, and prior to acceptance, the Contractor shall submit to the City the completed as-built plans.

4.09 Reuse of Documents - Neither the Contractor nor any Subcontractor or supplier or other

person or organization performing or furnishing any of the work under a direct or indirect agreement with the City shall have any title or ownership rights to any of the Drawings, Specifications or other documents (or copies thereof) which bear the seal of the design engineer. Such documents shall not be reused on extensions of the project or for any other project without written consent of the City and the design engineer.

4.10 Subsurface Data - All soil and soil test data, water table elevations, and soil analyses

included or referred to in the Contract Documents apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the

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office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense.

The elevation of the water table indicated by soil test reports is that which existed on the date the

test hole was drilled. It is the Contractor’s responsibility to determine and allow for the possibility of differing ground water elevations on the date of the project’s construction. A difference in elevation between ground water shown in soil boring logs and ground water actually encountered during construction will not be considered as a basis for extra work.

4.11 Right-of-Way – Acquisition of right-of-way or permanent easements necessary for the

improvements as shown on the plans will be provided by the City. Unless otherwise provided, the Contractor shall make his own arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas, easements, and temporary facilities required. Contractor shall identify and hold the City harmless from all claims for damages resulting from such actions.

4.12 Removal of Defective and Unauthorized Work - Should the Contractor deliberately

proceed with any portion or phase of construction which is obviously incorrectly indicated in the contract plans or documents, he shall be responsible for any corrective measures required to make adequate repairs or adjustment. This shall include any work done beyond the lines and grades shown on the plans or established by the Engineer, or any extra work done without written authority.

All work that has been rejected shall be remedied or removed and replaced by the Contractor in

an acceptable manner and no compensation will be allowed for such removal or replacement. 4.13 Shop Drawing Submittals - When shop drawings, submittals or samples are required by

the specifications or requested by the Engineer, they shall be prepared in accordance with Construction Management best practices at the Contractor’s expense. Unless otherwise specified, six (6) copies of all submittals shall be provided to the Engineer for review at least 30 days before approved drawings will be required for the work. One (1) set will be returned to the Contractor marked “No Exceptions Taken”, “Furnish as Corrected”, “Revise and Resubmit”, or “Rejected”. If changes are required, six (6) copies of corrected shop drawings shall be resubmitted to the Engineer.

Shop drawings shall be of a size and scale to clearly show all necessary details. For items requiring shop drawings, no materials shall be furnished, and no work shall be

performed, until the drawings have been favorably reviewed. Favorable review of the shop drawings by the Engineer is interpreted to mean that there is

substantial and acceptable conformance with the contract plans, but details of design may not necessarily be checked for adequacy or accuracy. Such acceptance shall not relieve the Contractor from the responsibility for errors or omissions in the shop drawings or from deviations from the contract documents unless such errors, omissions, or deviations were specifically called to the attention of the Engineer in writing. The Contractor shall be responsible for the correctness of the shop drawings, for shop fits and field corrections, and for the results obtained by the use of such plans.

4.14 Construction Staking - Unless otherwise stated in the Special Provisions, the Contractor

shall provide, preserve, and replace if necessary, all of the necessary construction stakes required for the construction of the project. Grades for underground conduits will be set on the ground surface and shall then be transfered to the bottom of the trench by the Contractor.

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Stakes or marks will be set by a California Licensed Surveyor or a California Registered Civil Engineer to establish the lines and grades required for the completion of the work as specified in the Contract Documents. It shall be the Contractor's responsibility to notify the Engineer of any discrepancies found between field grades and notes shown within the Contract Documents.

Contractor shall furnish horizontal control and cut sheets to the Engineer immediately upon the

setting of construction or boundary markers. Upon completion, all work shall conform to the lines, elevations, and grades shown on the plans.

4.15 Inspection of the Work - Unless otherwise stated in the specifications, the City shall

perform all required inspections. All work is subject to inspection and approval of the Engineer. The Contractor shall notify the

Engineer before noon of the working day before inspection is required. Unless otherwise authorized, work shall be done only in the presence of the Engineer. Any work done without proper inspection will be subject to rejection. The Engineer shall at all times have access to the work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with the Contract Documents. Inspection of the work shall not relieve the Contractor of the obligation to fulfill all conditions of the contract.

If a portion of the work is covered contrary to the Engineer’s request or direction, or contrary to

the requirements of the Contract Documents, it must, if required in writing by the Engineer, be uncovered for the Engineer’s observation and be replaced at Contractor’s expense without adjustment of the contract time or the contract sum.

If a portion of the work has been covered, which is not required by the Contract Documents to be

observed or inspected prior to its being covered and which the Engineer has not specifically requested to observe prior to its being covered, the Engineer may request to see such work and it shall be uncovered and replaced by Contractor. If such work is in accordance with the Contract Documents, the costs of uncovering and replacing the work shall be added to the contract sum by change order; and if the uncovering and replacing of the work extends the contract time, an appropriate adjustment of the contract time shall be made by change order. If such work is not in accordance with the Contract Documents, the Contractor shall pay such costs and shall not be entitled to an adjustment of the contract time or the contract sum.

In the event the Contractor elects to work beyond the specified hours of work, or on a Saturday,

Sunday or recognized City holiday, the Contractor shall notify the Engineer at least forty-eight (48) hours in advance to seek approval and if approved, shall reimburse the City for the cost of overtime inspection.

4.16 Testing - Unless otherwise stated in the Contract Documents, all required testing will

either be performed directly by the City or by an independent laboratory, coordinated and paid for by the City. Contractor shall cooperate with the City in coordinating the necessary testing. The coordination of testing, including the number and location of tests, shall be under the direction of the Engineer. All compaction test sites deeper than five (5’) feet below grade shall be properly shored by the Contractor to protect testing personnel.

The cost for performing re-tests due to failures, or additional call-outs if work is not ready to test,

will be charged to the Contractor. The City shall require retesting until all required tests are successfully passed.

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SECTION 5 – CHANGES IN WORK

5.01 Limited City Authority - The Contractor recognizes that the City is a public agency and

that it can only act through its duly authorized agents. In this regard, the Contractor agrees that only written change orders, executed by the governing body of the City, shall be valid. The Engineer shall have no authority to issue a change order unless so specifically authorized, and no person shall have authority to issue any oral change order.

5.02 Contractor Liability for Unapproved Change Orders - Unless a valid change order is

issued, all changes in the work performed by the Contractor shall be at the Contractor’s own risk, and shall not be entitled to any additional compensation. Furthermore, the Contractor may be required to make the work conform to the plans and specifications. No act or series of acts by the City during the course of the contract shall be deemed to constitute a waiver of the City’s right to rely upon the provisions of this Section 5, “Changes in Work”.

5.03 Non-Material Change Requests by the Contractor - Changes in the plans and

specifications requested in writing by the Contractor, which do not materially affect the work and which are not detrimental to the work or to the interests of the City, may be granted to facilitate the work, when approved in writing by the Engineer. If such changes are granted, they shall be made at a reduction in cost or at no additional cost to the City. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes or to increase the contract sum or contract time as a result of the proposed change.

5.04 Letters of Instruction - The Engineer may issue letters of instruction in the form of Field

Orders, Clarifications, responses to Requests for Information, or any other document which makes interpretations or clarifications to the Contract Documents that do not modify the scope of work or involve an adjustment in the contract sum or contract time. Letters of Instruction shall be binding upon the Contractor, and the Contractor shall promptly carry out the requirements of such Letters of Instruction.

5.05 Inconsistencies, Changed Conditions and Requests for Information - Before undertaking

each part of the work, the Contractor shall carefully study all pertinent figures shown in the Contract Documents and verify that all applicable field measurements are free of conflicts, errors, discrepancies, inconsistencies and omissions. If such conditions are discovered, the Contractor shall notify the Engineer by writing a Request for Information, and await direction from the Engineer before proceeding.

If the Contractor encounters a changed condition, as defined by one or more of the conditions

below, the Contractor shall notify the Engineer by writing a Request for Information before disturbing the condition further.

(a) Material differing from that represented in the Contract which the Contractor

believes may be hazardous waste, as defined by Health and Safety Code, Section 25117 that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provision of existing law; and

(b) Subsurface or latent physical conditions at the site differing materially from those

represented in the Contract Documents; and

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(c) Unknown physical conditions at the site of any unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent in the work and of the character provided for in the Contract Documents.

No extension of Contract time shall be made by the City due to the Contractor’s failure to provide

a timely written notice of any inconsistency or changed condition requiring direction. The Engineer will respond to the Contractor’s Request for Information within 48 hours, providing an interpretation, clarification or change order for an appropriate adjustment in contract time and cost pursuant to General Provisions, Section 5.07, “Change Orders”. Contractor shall wait for the Engineer’s written response to a Request for Information before proceeding with any work.

The Contractor shall not be liable to the City for failure to report any conflict, error, or

discrepancy in the Contract Documents, unless the Contractor had actual knowledge or could foresee such conditions as may be discovered by a reasonable examination of the work site or materials. If the Contractor performs any construction activity in which he knows or should know involves an error, inconsistency, ambiguity, or omission referred to in this Section, without notifying and obtaining the written consent of the Engineer, Contractor shall be responsible for the resultant costs, including, without limitation, the costs of correcting defective work. However, in an emergency affecting the safety of persons or property, the Contractor shall take all reasonably necessary precautions to prevent or minimize damage, injury, or loss.

5.06 Extra Work - New or unforeseen work may be classified as “Extra Work” when the

Engineer determines that the work is either not covered by contract unit prices, not stipulated in the scope of work, represents work that is substantially different from what the Contractor bid upon, or falls under the category of a changed condition. The General and Special Provisions shall apply with equal force to all of the work, including extra work authorized. Payment for extra work will be made on the basis of General Provisions, Section 5.07, “Change Orders”.

The Contractor shall maintain records sufficient to distinguish the direct cost of extra work from

the cost of other operations. The Engineer will compare his records with the Contractor’s reports, to make the necessary adjustments and compile the costs associated with the extra work.

When extra work reports are agreed upon and signed by both parties, they shall become the basis

of payment. When extra work is still under negotiation or has not been agreed upon, the Contractor shall keep daily detailed and accurate records itemizing each element of cost and shall provide certified payroll, invoices, and other substantiating records and documentation.

5.07 Change Orders – At any time during the progress of the work, and without in any way rendering void the Agreement, the City may order alterations, additions or deductions from the work by change order, without notice to sureties. When so ordered in writing, the Contractor shall proceed with work as directed by the change order.

The change order shall describe the change in the work, the adjustment of the contract sum (if

any), and the adjustment of the contract time (if any). The Contractor shall not be entitled to any extension of time for the completion of the work by virtue of any change order unless the change order specifically provides for this. If, after receiving a change order, the Contractor feels that he is entitled to an extension of time, he may, within five (5) working days file a written claim to that effect for consideration by the Engineer.

The process of submitting a proposed change, a cost proposal, or negotiating an agreed upon

change order, or any failure to reach an agreement as to an adjustment in the contract sum or the contract

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time, shall not relieve the Contractor of his obligation to perform in accordance with the Contract Documents.

A change order may be in the form of a City directed change order or an agreed upon change

order. Upon the receipt of either form of change order, the Contractor shall proceed promptly and diligently with the extra work.

(a) City Directed Change Orders - A City directed change order may be issued by the City

without the Contractor’s signature where the City determines that it is in the City’s best interest to proceed with the work, and the change does not materially alter the character of the work. The Contractor shall be deemed to have accepted the terms of any City directed change order unless the Contractor asserts a claim with respect to the change order, no later than ten (10) working days following the Contractor’s receipt of the change order. See General Provisions, Section 5.08, “Disputed Work”.

(b) Agreed Upon Change Orders - Within five (5) working days after receiving a request from the City for a written proposal for an agreed upon Change Order, the Contractor shall provide the Engineer with a cost proposal in a form satisfactory to the Engineer, setting forth the Contractor’s proposed adjustments to the contract sum and contract time for performing the extra work.

Compensation for agreed upon change orders shall be calculated based upon the unit

prices stated in the Bid Schedule and no additional markup for overhead or profit will be provided. If there are no unit prices for the extra work, the Contractor and the City may agree upon unit prices or lump sum costs, which shall be used to increase or decrease the contract sum. In the absence of any such agreement, the contract sum shall be adjusted by Force Account.

1. Unit Price Adjustments - Unit prices shall govern not only for alterations to

work covered by written specifications and drawings, but also for other work incidental or necessary to completing the work for which written specifications and drawings may be later prepared. Whenever an item of work or materials is specified in the contract by unit price and is changed by less than twenty-five percent (25%) of the Engineer’s estimated quantity for that item of work as specified in the Bid Schedule, then the contract sum shall be increased or decreased by the application of the unit price so specified. Whenever an item of work exceeds twenty-five percent (25%) of the Engineer’s estimated quantity, the City reserves the right to renegotiate with the Contractor for the unit price associated with that bid item. This renegotiated price shall apply to only the amount in excess of twenty-five percent (25%). If the City decides not to renegotiate, or a renegotiated price cannot be reached by the Contractor and the City, then the payment for this item shall be adjusted by Force Account.

2. Agreed Upon Price Adjustments – If there are no unit prices for proposed

extra work, the Contractor and the City may agree upon unit prices or lump sum costs, by written change order, prior to commencing work. In the absence of any such agreement, the contract sum shall be adjusted by Force Account.

3. Force Account Price Adjustments - When extra work is to be paid on a force

account basis, the labor, materials and equipment used in the performance of that work shall be paid in accordance with the State Standard Specification, Section 9-1.03 (Force Account Payment). To the total of the direct costs computed, there will be an added markup of 33% to the cost of labor, 15% to the cost of materials and 15% to the cost of

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equipment. These markups shall constitute full compensation for any and all overhead costs, profit, or other costs not specifically designated as a cost of labor, material or equipment. When subcontractors perform force account work, an additional 5% markup shall be added to the total cost of the extra work to reimburse the Contractor for additional administrative costs. No markup for any Subcontractor beyond the first tier shall be paid.

During the performance of extra work by Force Account, and as a condition to

the Contractor’s right to an adjustment of the contract sum, the Contractor shall prepare daily reports itemizing all costs for labor, materials, and equipment rental. For labor costs, the reports shall include names, job classifications, hours worked and rates of pay. For equipment costs, the reports shall include size, type, identification number and hours of operation. All records and reports shall be submitted to the Engineer for approval on a daily basis. Reports shall be made on the State of California, Daily Extra Work Report Form or on a similar form approved by the Engineer.

a. Labor - Labor costs shall be based on the prevailing wage scale for

each craft or type of workman, and no compensation shall be allowed for payment in excess of the prevailing wage. Employer payments for payroll taxes and insurance, health and welfare, pension, vacation, and other direct labor costs shall be included and will be calculated as the Labor Surcharge stipulated in the State of California, Labor Surcharge and Equipment Rental Rates book.

b. Materials - Materials cost shall be the cost of all materials purchased

by the Contractor and used in the extra work and shall be the actual cost of such materials, including sales taxes, freight and delivery charges. The City reserves the right to approve materials to be furnished by the Contractor, sources of supply or, if necessary, to furnish the materials to the Contractor. No compensation will be paid to the Contractor for any material furnished by the City or for materials not used.

c. Equipment Rental - The Contractor will be allowed the actual rental

rate of equipment, prorated over the time the machinery or equipment is required. For Contractor owned equipment, this rate shall be as stipulated in the State of California, Labor Surcharge and Equipment Rental Rates book. In addition, the Contractor will be allowed reasonable move-in and move-out charges, if applicable. All equipment shall, in the opinion of the Engineer, be in good working order, good condition, and suitable for its purpose. Equipment or tools having a replacement value of $200.00 or less, whether or not consumed by use, shall be considered small tools and no payment will be made therefore.

d. Other Services or Expenditures - The City may authorize and approve

payment for work performed by special forces or necessary services and expenditures other than labor, materials, and equipment rental.

5.08 Disputed Work - When the Engineer and Contractor fail to agree as to whether an

alteration ordered by the Engineer constitutes a material change or difference in the character of the work, or fail to agree upon the compensation to be allowed for such altered work, the Contractor shall proceed with the altered work and file with the Engineer, within ten (10) working days after receiving direction from the Engineer, a written protest detailing the particulars of the dispute and the amount of additional compensation or time required for the alteration. Failure of the Engineer to recognize a change

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in the character of work when ordering alterations shall in no way be construed as relieving the Contractor of the Contractor’s duty and responsibility for filing a protest as prescribed above. The City will not consider additional compensation for altered work unless the Contractor files a written protest within ten (10) working days after receiving direction from the Engineer.

If the Contractor has complied with the notification requirements of this sub-section,

consideration of payment due shall be made as later determined through claim resolution procedures as set forth in General Provisions, Section 10, “Measurement and Payment”.

Although not to be considered as approval for proceeding under extra work provisions, the

Contractor shall keep and furnish records of disputed work in accordance with General Provisions, Section 5.06, “Extra Work”.

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SECTION 6 - CONTROL OF MATERIALS

6.01 Materials and Workmanship - All materials, parts and equipment furnished by the

Contractor in the work shall be new, high grade, and free from defects. Workmanship shall be in accordance with generally accepted standards. Materials and workmanship shall be subject to the Engineer’s approval.

Materials and workmanship not conforming to the requirements of these specifications shall be

considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at his expense, when so directed by the Engineer.

If the Contractor fails to replace any defective or damaged work or material after notice from the

Engineer, the Engineer may cause such work or materials to be replaced. The replacement expense shall be deducted from the amount to be paid to the Contractor.

Used or secondhand materials, parts and equipment is permissible only if permitted by the

Special Provisions. Specialized material or equipment to be used in the work that is not readily available from

material suppliers (such as electroliers, luminaries, signal poles, heads, cable, controllers, pumps, etc.) shall be ordered within five (5) days after award of the contract. Time extensions will not be granted for project delays due to the unavailability of such specialized material and equipment unless the Contractor furnishes the Engineer with documentation of purchase order dates, acceptable reason for delay of delivery, or proof of diligent efforts to obtain said items from alternate sources.

The Contractor shall provide the Engineer with periodic reports to inform the Engineer of any

changes in the projected material or equipment delivery dates. 6.02 Protection of Work and Materials - The Contractor shall provide and maintain storage

facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and equipment for the duration of his contract.

The Contractor shall not, without the City’s consent, assign, sell, mortgage, hypothecate, or

remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the contract.

6.03 Inspection of Materials by City - Unless otherwise specified, inspection may be required

at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations.

Standard items of equipment such as electric motors, conveyers, elevators, plumbing fixtures,

etc., are subject to inspection at the job site. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Special Provisions may specify additional inspection requirements.

6.04 Inspection of Materials by Others - When the City does not elect to make its own

inspection at the source, the City may, at its expense, engage an inspector or accredited testing laboratory

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to inspect the materials, equipment or process. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the plans and specifications. No materials or equipment shall be shipped nor any processing, fabrication or treatment of such materials shall be done without a favorable inspection by the engaged agent. These materials shall be subject to re-inspection at the job-site.

6.05 Tests of Materials - Before incorporation into the work, the Contractor shall submit

samples of materials, as the Engineer may require, at no cost to the City. The Contractor, at his own expense, shall deliver the materials for testing to the place, and at the time designated, by the Engineer. Unless otherwise provided by the Special Provisions, all testing shall be performed under the direction of the Engineer, and at no expense to the Contractor.

The Contractor shall notify the City in writing at least 15 days in advance of his intention to use

materials for which tests are specified, to allow sufficient time for the City to perform the tests. The notice shall name the proposed supplier and source of material.

6.06 Certification – The Engineer may waive material testing requirements of the

Specifications and accept the manufacturer’s written Certificate of Compliance or test data demonstrating that the materials to be supplied meet the requirements of the specifications. A Certificate of Compliance is acceptable for authorizing the use of steel pipe in sizes less than 18 inches and vitrified clay, cast iron or ductile iron pipe in all sizes. All materials used on the basis of a Certificate of Compliance may be sampled or tested by the City at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of the responsibility for incorporating materials in the work which conforms to the requirements of the Contract Documents.

6.07 Trade Names or Equals - Whenever any particular material, process, or equipment is

indicated by patent, proprietary or brand name, or by name of a manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words “or equal”. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment which he considers to be equivalent to that indicated. Unless otherwise authorized by the Engineer, the offer must be submitted in sufficient time, before the normal use or installation of the material, process or equipment, for the Engineer to determine the equivalency and for the Contractor to make any required purchases (including delivery).

The Contractor shall, at his expense furnish data concerning items offered by him as equivalent to

those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Installation and use of a proposed item shall not occur until after approval by the Engineer.

Test methods shall be submitted for approval by the Engineer prior to the test being performed

on an item proposed for substitution. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the proposed item is equivalent. The Engineer shall determine whether the material offered is equivalent to that specified, and the Engineer’s findings shall be final. If a substitute offered by the Contractor is found to be not equal to the specified material, the Contractor shall furnish and install the specified material.

The specified contract completion time shall not be affected by any circumstances developing

from the provisions of this Section.

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6.08 Weighing and Metering Equipment – All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County,

The accuracy of the work by a scale service agency, except as stated herein, shall meet the

standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented to the Engineer for approval prior to operation, and shall be renewed whenever required by the Engineer at no cost to the City.

All scales shall be arranged so they may be read easily from the operator’s platform or area. They

shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area such that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch.

6.09 Calibration of Testing Equipment – Testing equipment, such as but not limited to,

pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months, and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer.

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SECTION 7 – UTILITIES

7.01 City’s Statutory Obligation - Pursuant to Government Code, Section 4215, the City shall

assume responsibility for the cost of timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Project site if such utilities are not identified by the City in the Contract Documents. The Contractor shall be compensated for the costs of locating, repairing, removing or relocating such utility facilities, and for the cost of idled equipment on the project during such work, providing that the Contractor exercised reasonable care and that damage was not caused due to the Contractor’s negligence. The Contractor shall not be assessed liquidated damages for delay in the completion of the Project, when such delay was caused by the failure of the City or the owner of the utility to provide for removal or relocation of such utility facilities.

7.02 Contractor’s Obligation to Identify and Protect Subsurface Infrastructure - The

Contractor shall locate and protect service laterals, conduits, and appurtenances of any underground facility, the presence of which could be reasonably inferred from the Contract Documents or from the presence of visible facilities such as buildings, meters, and junction boxes, prior to doing any work that may damage any such facilities, or interfere with their service. Where underground main distribution conduits, such as water, gas, sewer, electric power, telephone, or cable television are shown on the plans, the Contractor shall assume that every parcel will be served by a service connection for each type of utility. The Contractor shall comply with all requirements for the protection of underground infrastructure as set forth in Government Code, Sections 4215 through 4216.9.

It shall be the Contractor’s responsibility to complete all work in a manner that satisfies utility

company standards, providing if requested, detailed plans prepared by a California Registered Civil Engineer showing necessary temporary support of utilities during coordinated construction work. The Contractor is directed to contact these agencies before submitting bids and to be familiar with their requirements.

The Contractor agrees to assume liability and to hold the City of Tracy, its officers, and

employees harmless from any damages resulting from the existence of underground utilities and structures not reported to the Engineer, not indicated on the public records examined, or located at variance with that reported or shown on records examined.

7.03 Location - The City will search known records and indicate on the plans those utilities,

except service connections, which may affect the work. All available information regarding removal, relocation, or disconnection of utilities, or installation of new utilities, will be furnished to prospective bidders before the receipt of bids. The Contractor shall immediately report to the Engineer those utilities omitted from the plans or found substantially at variance with the location shown.

Existing and proposed utilities and improvements are shown in their approximate locations.

Locations may not have been field verified and no guarantee is made as to the accuracy and completeness of the information shown. The fact that any facility is not shown on the plans shall not relieve the Contractor of his responsibility under this Section. As necessary or as directed by the Engineer, the Contractor shall field adjust proposed improvements to avoid conflicts with existing improvements. It shall be the Contractor’s responsibility to determine the existence and location of utilities shown on the plans, indicated by field locating services, or evidenced by facilities visible in the field. No additional compensation will be allowed for delays incurred as a result of the Contractor’s failure to field verify and/or pothole existing utilities prior to beginning construction. Potholing shall be considered as part of the various contract bid items and no additional compensation will be allowed.

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At least two (2) working days prior to commencing work, the Contractor shall request utility owners to mark or otherwise indicate the location of their substructures. Contractor shall contact Underground Service Alert (USA) at (800) 642-2444 and the Engineer at least 48 hours prior to excavation. The location of utilities as shown on the plans are approximate and are not to be construed as certainty. It shall be the Contractor’s responsibility to determine the true location and depth of all utilities and service connections affecting or conflicting with the work, prior to the performance of the work. As necessary, the Contractor shall pothole these utilities prior to working in the area to avoid damage to them. Potholing shall be considered as part of the contract bid items, and no separate payment will be made. Contractor shall familiarize himself with the type, material, age and condition of any utility which may be affected by the work.

7.04 Protection - The Contractor shall not interrupt the service function or disturb the

supporting base of any utility, without authority from the utility owner or order from the City. Where protection is required to insure support of existing underground, overhead and at-grade

utilities (including their associated structures and service connections) as shown on the plans, the Contractor shall furnish and place the necessary protection at his expense. In case of damage, the Contractor, without additional compensation, shall restore utilities to as good of a condition as they were found.

Upon learning of the existence and location of any utility omitted from or shown incorrectly on

the plans, the Contractor shall notify the owner and be fully responsible for protecting such utility. When authorized by the Engineer, additional protection may be paid by change order, for utilities other than a service connection.

The Contractor shall immediately notify the Engineer and the utility owner if he disturbs,

disconnects or damages any utility. If the utility is located substantially as indicated on the plans, the Contractor shall bear the costs of repair or replacement.

When placing concrete around or contiguous to any utility, the Contractor shall at his expense,

furnish and install a cushion of expansion joint material, clear opening, sleeve, or other suitable material approved by the Engineer so as to prevent embedment or bonding of the utility with the concrete.

7.05 Shut Down Notification - Contractor shall coordinate all shut downs with the City’s Public

Works Maintenance Department, and follow all of their requirements for exercising and shutting off water valves on main lines. The Contractor shall have all materials required for the work at the job site prior to requesting a shut off.

Shut down of water or sewer services shall be done only after the Contractor has coordinated the

shut down with the Engineer and the property owners. When a water main, sewer main, or service lateral is to be shut down, the Contractor shall coordinate with and notify the Engineer in writing, at least seventy-two (72) hours in advance of the shut down. Except for scheduled shutdowns and in cases of emergency, the Contractor shall notify all customers and effected parties of a shut down at least forty-eight (48) hours in advance by writing and four (4) hours in advance by person to allow adequate draw time. Once shut down, the Contractor shall proceed with the work in an expedient manner until the water lines or sewer lines are back in service.

7.06 Removal - Unless otherwise specified, the Contractor shall remove all portions of

interfering utilities shown on the plans as ‘abandoned’ or “to be abandoned in place”. Before starting removal operations, the Contractor shall ascertain from the utility owner whether abandonment is

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complete. The costs involved in the removal and disposal of utilities to be abandoned shall be considered as part of the contract bid items, and no separate payment will be made.

7.07 Relocation - When feasible, the owners of utilities within the area affected by the work

will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Contract Documents or plans indicate that a utility is to be relocated, altered or constructed by others, the City will conduct all negotiations with the owners and the work will be done at no cost to the Contractor.

Utilities interfering with the permanent project work, discovered after the award of the contract,

shall either be relocated, altered, or reconstructed by the utility owners, or the Engineer may order changes in the work to avoid interference. Such changes will be paid for in accordance with General Provisions, Section 5, “Changes in Work”.

When the plans or specifications provide for the Contractor to alter, relocate, or reconstruct a

utility, all costs for such work shall be absorbed in the contract bid items. Temporary or permanent relocation or alteration of utilities by the Contractor for his own convenience shall be his responsibility, and he shall make all arrangements, obtain all approvals, and bear all costs. The Contractor may, for his own convenience or to expedite the work, agree with the owner of any utility to disconnect and reconnect interfering service connections. The City shall not be involved in any such agreement.

7.08 Delays - The Contractor is responsible for notifying utility owners in time to prevent

delays attributable to utility relocations or alterations as called for in the Contract Documents. The Contractor shall not be entitled to damages or additional payment if such delay does occur. The Engineer will determine the extent of the delay on the project as a whole, and any commensurate extension of time.

7.09 Cooperation - When necessary, the Contractor shall conduct his operations so as to

permit access to the worksite and provide time for utility work to be accomplished during the progress of the contract work.

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SECTION 8 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK

8.01 Notice to Proceed - Within twenty-one (21) calendar days following receipt of the signed agreement, bonds and insurance, the City shall issue the Contractor a Notice to Proceed provided that the documents are acceptable to the City. Unless stated otherwise, the contract time shall commence upon the receipt date on the Notice to Proceed.

8.02 Commencement of Work - Work shall commence within fifteen (15) calendar days

following the receipt date on the Notice to Proceed, and shall be diligently prosecuted to completion within the time provided in the Notice to Bidders.

8.03 Subcontracting - Unless otherwise indicated by the Special Provisions, there is no

minimum requirement as to the amount of work that must be performed by the prime Contractor’s own forces.

8.04 Construction Schedule – Within ten (10) calendar days of the Notice to Proceed, the

Contractor shall submit to the Engineer an acceptable Critical Path Method (CPM) progress schedule showing the critical path for completing the various items of work within the number of contract days specified. The schedule shall show the order in which the Contractor proposes to carry out the major items of work and the dates on which he will start and finish the various items (including procurement of materials and equipment). If requested, the schedule shall reflect person/crew hours and equipment loading for various construction activities in order for the City to better evaluate the proposed schedule.

(a) City Review of Schedule – The City may review and note exceptions to the Contractor’s

schedule, if it is not sufficiently detailed to clearly show the work to be completed during each month to assure the completion of the work within the project duration. The Contractor will be solely and exclusively responsible for resolving any exceptions, and the City’s review will not create any scheduling obligations of the City. Any noted corrections to the schedule shall be addressed within five (5) working days.

(b) Update of Schedule – After submission of a schedule to which the City has taken no

exceptions, the Contractor shall submit an updated schedule on a monthly basis or as otherwise specified by the City until completion of the work. The updated schedule must show the “As Constructed” progress up to the date for which the schedule has been prepared and reflect any proposed changes in the method of operations, to achieve the project milestones within the required project duration.

(c) Float – The schedule must show early and late completion dates for each task. The

number of days between these dates will be designated as “float”. The float will be assigned to the project and will be available to both the City and the Contractor as needed to complete the work in accordance with the agreement.

(d) Failure to Submit Schedule – If the Contractor fails to submit a schedule within the time

periods specified in this sub-section, or submits a schedule to which the City has taken uncorrected exceptions, the City may withhold payments to the Contractor until such schedule is submitted and/or corrected in accordance with the Contract Documents. 8.05 Construction Sequence - The Contractor shall prepare and submit at the pre-construction

meeting a staging or phasing plan identifying the sequence of construction work and traffic control needed to complete the project. The staging plan shall be subject to review and approval by the Engineer, prior to the start of construction. The goal of the phasing plan will be to minimize impacts to

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surrounding businesses and residents in the project areas. When required by the Special Provisions or plans, the Contractor shall follow the sequence of operations as set forth therein.

8.06 Recording Existing Conditions - Existing conditions throughout the project site shall be photographed and videotaped by the Contractor before starting construction. Recording shall include and show every detail of existing improvements, including the current condition of the curb, gutter, sidewalk, signs, landscaping, streetlights, structures near the project including face of buildings, canopies, shades, fences and any other features within the limits of work. Photos and videotape shall be delivered to the Engineer at the pre-construction meeting.

8.07 Preconstruction Conference - The City shall designate a date and time for the pre-construction conference once the contract has been fully executed. At the pre-construction conference, the City shall discuss various administrative procedures and project coordination issues. At a minimum, the Contractor should be prepared to furnish and discuss the following:

(a) Letter designating the Superintendent. (b) A list of key personnel and emergency contact information including telephone

numbers to be used in case of emergency (c) Sequence or phasing plans identifying the phasing of construction work and any

alternative sequences for consideration. (d) Traffic control plans associated with the staging plans (to be signed and stamped by

a Licensed Traffic Engineer). (e) A draft of the master construction schedule, in Critical Path Method (CPM) format

(to be finalized no later than 10 days after the Notice to Proceed). (f) A breakdown of lump sum bid items to be used as a basis for determining the value

of work completed on future progress payments. (g) A submittal schedule listing submittals that will need to be reviewed and a listing of

proposed material suppliers. (h) Utility company coordination and/or permit issues. (i) Videotape and photography of the project’s existing condition (to be completed prior

to starting construction. (j) Anticipated cash flow projections, if requested by the engineer..

8.08 Progress Meeting - The Contractor, and Subcontractors if requested by the City, shall

attend weekly progress meetings to be scheduled by the Engineer at a time agreeable to both the Engineer and the Contractor.

8.09 Hours of Construction - Construction activities shall be limited to the hours of 7:30 a.m.

to 4:30 p.m., unless otherwise noted or further restricted in the Contract Documents, or as directed by the Engineer. No work shall be done on weekends, holidays or outside these specified hours, unless otherwise approved by the Engineer. The Contractor shall take into consideration and coordinate time constraints for special events or activities organized by the City or other agencies. No mechanical

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equipment, including hauling or deliveries by trucks, shall start before 7:30 a.m. and all equipment must shut down before 4:30 p.m. unless approved by the Engineer.

8.10 Prosecution of Work - To minimize public inconvenience and possible hazards and to restore the streets and other work areas to their original condition and former state of usefulness as soon as practicable, the Contractor shall diligently prosecute the work to completion. If, in the Engineer’s opinion the Contractor fails to prosecute the work to the extent that the above purposes are not being accomplished, the Contractor shall, upon orders from the Engineer, immediately take the steps necessary to fully accomplish said purposes. All costs for prosecuting the work as described herein shall be absorbed in the Contractor’s bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer to do so, the Engineer may suspend the work in whole or in part, until the Contractor takes said steps. With or without such suspension, the Engineer may cause such steps to be taken by force account or by other means at the Contractors expense.

8.11 Suspension of Work - Work may be stopped or suspended in whole or in part for up to

ninety (90) days when, in the Engineer’s opinion, the suspension is necessary and in the interest of the City. The Contractor shall immediately comply with any written order of the Engineer suspending work. Such City directed suspension shall be without liability to the Contractor on the part of the City. Suspended work shall be resumed upon written order of the Engineer. An extension of contract time equal to the period of suspension shall be issued to the Contractor by change order. Any claim by the Contractor for an adjustment of the contract sum or the contract time shall be made within ten (10) working days after the end of the work suspension.

If work is suspended through no fault of the City, all expenses and losses incurred by the

Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the work during periods of suspension, the City may elect to do so, and shall deduct the cost thereof from monies due the Contractor. Such action will not relieve the Contractor from any liability.

8.12 Default by the Contractor and Termination of Control - As a result of any of the

following events, the Contractor shall be deemed to be in default:

(a) If the Contractor is in bankruptcy or makes a general assignment for the benefit of creditors, or

(b) If the Contractor fails to make prompt payment to subcontractors for labor or materials, or

(c) If a receiver is appointed on account of the Contractor’s insolvency, or (d) If the Contractor fails to provide enough properly skilled workmen or enough

materials to insure compliance with the construction time schedule, or (e) If the Contractor fails to perform any portion of the work within the timing

requirements of the Contract Documents, or abandons the project site, or (f) If the Contractor disregards instructions from the Engineer or violates any provision

of the contract, or (g) If the Contractor fails to replace or repair any damage caused by the Contractor or its

agents, representatives, contractors, subcontractors, or employees in connection with the performance of the work, or

(h) If the Contractor violates any legal requirement related to the work. In case of default, the City may give written notice to the Contractor and the Contractor’s

bonding agent that if the default is not remedied within ten (10) calendar days or the Contractor does not

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provide adequate written assurance to the satisfaction of the Engineer that the cure will be forthcoming, the Contractor’s control over the work may be terminated as of the date specified in the written notice.

Upon such termination of control the City may enter upon and take possession of the entire work

and may also take possession, for the purpose of completing the work, of all of the Contractor’s tools, equipment and appliances upon the work, and all materials on the site or stored off-site for incorporation into the work. The City may, at its sole option and without further notice to anyone, complete the work by day labor, by contract entered into by negotiations, by competitive bidding, by calling upon the performance of the performance bond surety, or by other means as the City, in its discretion, shall elect.

After termination of the Contractor’s control over the work as herein provided, the Contractor

shall not be entitled to any further payments under the contract until the entire work thereunder has been fully completed and finally accepted by the City. After such completion and acceptance, if the “unpaid balance of the contract price” (as defined in the next paragraph) exceeds the sum of the amounts expended by the City in taking over and completing the work, including all managerial and administrative expense incurred by the City on account thereof and the amount of all damages incurred by the City by reason of the Contractor’s default, such excess shall be paid to the Contractor. If the said amount expended exceeds the unpaid balance, the Contractor and his surety shall be liable to the City for the difference. At the Contractor’s request, the expense incurred by the City in taking over and completing the work, and the amount of any damage incurred by the City by reason of the Contractor’s default shall be audited and certified by an independent third party, whose certificate thereof shall be binding and conclusive upon the parties.

For the purposes of the computations required by the paragraph above, the “unpaid balance of

the contract price” shall be the original contract price as adjusted by any change orders issued prior to termination of the Contractor’s control, less all payments made on account thereof prior to such termination, and less any and all amounts withheld or paid pursuant to stop notices filed with the City upon claims of subcontractors or others from equipment, labor or materials furnished to the work on behalf of the Contractor.

Upon completion and acceptance of the work, the Contractor shall be entitled to the return of all

materials not used in the work, but without claim against the City for loss or damage with respect thereto, and shall be entitled to the return of all his equipment, tools and appliances taken possession of by the City, but without claim against the City for any charge for the use thereof or for usual and ordinary depreciation and wear and tear.

The exercise of remedies provided for in this sub-section, for default by the Contractor, shall be in

addition to, and shall not be deemed a waiver by the City of any other rights or remedies due the City under the contract provisions, for default by the Contractor.

8.13 Contractor’s Right to Stop Work or Terminate Contract – As a result of any of the

following defaults, the Contractor may give written notice to the Engineer of intention to stop work or terminate the Agreement, or both.

(a) If the work should be stopped by order of any court or other public authority,

through no act, omission or fault of the Contractor or any Subcontractor, agent or employee of the Contractor, and such work stoppage under such order shall continue for thirty (30) consecutive days from the effective date of such order, or

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(b) If the Engineer should fail or refuse, except on account of any act or omission of the Contractor, to issue any certificate for payment, less deductions or withholdings, within thirty days after it is due.

If, after the Contractor provides notice to the City of any of the above defaults, the City does not

remedy the default within ten (10) calendar days, the Contractor may stop work and may give the City written notice of contract termination. The Contractor may then recover from the City payment for all work executed to date and any loss sustained upon any equipment or materials procured for the work prior to the work stoppage. No compensation for loss of anticipated profits will be provided, however, on work not completed. The Contractor’s right to recovery shall be subject, however, to the duty of the Contractor to mitigate all loss or damage so far as reasonably possible.

8.14 City’s Right to Terminate Contract – The City may, at its option, terminate the

Agreement, in whole or from time to time in part, at any time by giving notice to the Contractor. Upon such termination, the Contractor agrees to waive any claims for damages, including loss of anticipated profits, on account thereof; and, as the sole right and remedy of the Contractor, the City shall pay the Contractor in accordance with this sub-section. Upon termination, the obligations of the Contractor for portions of the work already performed shall continue.

(a) Upon receipt of a Notice of Termination, the Contractor shall, unless the notice

directs otherwise, do the following:

1. Immediately discontinue the work to the extent specified in the notice. 2. Place no further orders or subcontracts for materials, equipment, services, or

facilities, except as may be necessary to complete such portion of the work that are not to be discontinued.

3. Promptly cancel, on the most favorable terms reasonably possible, all

subcontracts to the extent that they relate to the performance of the discontinued portion of the work.

4. Thereafter do only such work as may be necessary to preserve and protect the

work already in progress and to protect materials, plants, and equipment on the project site or in transit thereto. (b) Upon such termination, the City shall pay to the Contractor as a sole and

exclusive remedy for the termination, the sum of the following, and the Contractor will be entitled to no other compensation or damages, and expressly waives same:

1. The amount of the contract amount allocated to the portion of the work

properly performed by the Contractor as of the date of termination, less sums previously paid to the Contractor, plus

2. Previously unpaid costs of any items delivered to the project site which were

fabricated for subsequent incorporation in the work, plus 3. Any proven losses with respect to materials and equipment directly resulting

from such termination, plus

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4. Reasonable demobilization costs in excess of what would have been incurred if work were not terminated, plus

5. Reasonable costs for preparing a statement of the aforesaid costs, expenses,

and losses in connection with such termination.

The City may terminate the Agreement at its own discretion or when conditions encountered during the work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority.

8.15 Time of Completion and Days Charged - The Contractor shall diligently prosecute and

fully complete the work within the number of calendar or working days set forth in the Notice to Bidders or shall be subject to liquidated damages. Time is of the essence in the performance of all obligations under the Contract Documents, and all timing requirements shall be strictly adhered to unless otherwise modified by the City. See General Provisions, Sections 8.10, “Prosecution of Work”, and 8.16, “Liquidated Damages”.

Under a calendar day contract, City observed holidays and inclement weather delays are to be

anticipated and unless there is a deviation from what is customary for the time of year the project is under construction, no additional days will be granted. Every day, including holidays, Saturdays and Sundays shall be counted as a day charged under a calendar day contract.

Under a working day contract, the Contractor will be given credit for City observed holidays and

inclement weather delays, in accordance with the State Standard Specifications. Should the Contractor prepare to begin work at the regular starting time in the morning of any day on which inclement weather, or the conditions resulting from the weather prevents the work from beginning at the usual starting time and the crew is dismissed as a result thereof and the Contractor does not proceed with at least 75 percent of the normal labor and equipment force engaged in the current controlling operations for at least 60 percent of the total daily time being currently spent on the controlling operations, the Contractor will not be charged for a working day whether or not conditions should change thereafter.

8.16 Liquidated Damages - The City and the Contractor, by execution of the agreement, each

agree that time is of the essence in the performance of the work, and that actual damages for inconvenience and loss from any delay in completion of the contract beyond the date provided in the Notice to Bidders is extremely difficult or impossible to determine.

The City and the Contractor further agree, as specified in the Notice to Bidders, that liquidated

damages shall be assessed for each and every calendar day required to complete the contract in excess of the contract time established for the project, and that the amount stated therein is a reasonable estimate of the amount of such damages. The Engineer may deduct any liquidated damaged owed to the City, as determined by the Engineer from any payments otherwise payable to the Contractor under this agreement.

Separate from the above-mentioned liquidated damages, the Contractor shall be responsible for

paying all damages incurred by private businesses (residential, commercial or industrial), schools and hospitals due to non-completion of the project by the date specified.

Nothing contained herein shall limit the City’s rights or remedies against Contractor for any

default other than failure to complete the work within the contract time. This provision for liquidated damages shall not be applicable nor act as a limitation upon the City if the Contractor abandons the work. In such event, the Contractor shall be liable to the City for all losses incurred.

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The date of the Engineer’s Certificate of Substantial Completion shall be the termination date, if

applicable, of liquidated damages. 8.17 Delays and Extensions of Time

(a) Excusable Delays - shall mean delays in the prosecution or completion of the work

which result from causes beyond the control of the Contractor and City and which could not have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor, suppliers, or any tier of the Contractor’s subcontractors. Excusable Delays fall into the following categories:

1. Abnormal Delays – Excusable Delays caused by acts of god, fire, unusual

storms, floods, tidal waves, earthquakes, strikes, labor disputes, freight embargoes, and shortages of materials insofar as they prevent the Contractor from proceeding with at least seventy-five (75) percent of the normal labor and equipment force for at least five (5) hours per day toward completion of the current critical path activity.

2. Weather Delays – Excusable Delays due to inclement weather conditions or

the conditions resulting from weather prevent the Contractor from proceeding with seventy-five (75) percent of the normal labor and equipment force engaged in the current critical activity item for a period of at least five (5) hours per day toward completion of the current critical path activity.

3. Material Shortage Delays – Excusable Delays due to shortages of material,

provided that the Contractor submits satisfactory proof to the Engineer. For the proof to be satisfactory, the Contractor must demonstrate that he has made every effort to obtain the materials from all known sources within reasonable reach of the proposed work. Only the physical shortage of material, caused by unusual circumstances, will be considered under these provisions as an excusable delay, and no consideration will be given to any claim that material could not be obtained at a reasonable, practical, or economical price, unless it is shown to the satisfaction of the Engineer that such material was only available at exorbitant prices. A material shortage delay will not be considered for material ordered or delivered late or for material whose availability is affected by virtue of mishandled procurement. The above provisions shall apply equally to equipment to be installed in the work.

(b) Compensable Delays - shall include delays that occur in the prosecution or completion

of the work, through no fault of the Contractor which prevent the Contractor from proceeding with at least seventy-five (75) percent of the normal labor and equipment force for at least five (5) hours per day toward completion of the current critical activity item(s) on the latest favorably reviewed progress schedule due to the following causes:

1. Delays due solely to the actions and/or inactions of the City. 2. Delays due to changed conditions as defined in General Provisions, Section

5.05, “Inconsistencies, Changed Conditions and Requests for Information”. 3. Delays due to other Contractors employed by the City who interfere with the

Contractor's prosecution of the work as defined above.

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(c) Inexcusable Delay - means any delay in the completion of the work beyond the expiration of the contract time resulting from causes other than Excusable Delays or Compensable Delays. An Inexcusable Delay shall not entitle the Contractor to an extension of the contract time or an adjustment of the contract sum. In addition to liquidated damages for inexcusable delays, the Contractor agrees to pay the City’s actual costs, including charges for engineering, inspection and administration incurred during the delay.

(d) Concurrent Delays - those periods of delay when the prosecution of the work is

delayed during the same period of time due to causes from a combination of the delays defined as Excusable, Compensable or Inexcusable.

If the Contractor desires an extension of time, he shall file a written request based upon the

delays reported. The Engineer will ascertain the facts, the extent of the delays, and the effect upon the entire project, and the City will grant an extension of time equivalent to verified time lost. The request for an extension of time must be made no later than ten (10) working days after the start of the condition that purportedly caused the delay, and no later than fifteen (15) working days after the date on which performance on the condition purportedly causing the delay has ended.

Contractor may make a delay claim for an extension of the contract time for an Excusable Delay

or a Compensable Delay. If an Excusable Delay and a Compensable Delay occur concurrently, the maximum extension of the contract time shall be the number of calendar days from the commencement of the first delay to the cessation of the delay which ends last. If an Inexcusable Delay occurs concurrently with either an Excusable Delay or a Compensable Delay, the maximum extension of the contract time shall be the number of calendar days, if any, by which the Excusable Delay or the Compensable Delay exceeds the Inexcusable Delay.

For a Compensable Delay, the Contractor may make a delay claim for an adjustment in the

contract sum in an amount equal to the sum of the actual and unavoidable additional costs of labor, material, and equipment furnished at the site by the Contractor or subcontractors, including wages, salaries, fringe benefits and payroll taxes.

Extensions of time, when granted, will be based upon the effect of delays to the project as a whole

and will not be granted for non-controlling delays to minor portions of the work unless it can be shown that such delays did, in fact, delay the progress of the project as a whole. For purposes of determining delays, all float associated with the project schedule shall belong to the project. See General Provisions, Section 8.04, “Construction Schedule”.

If delays are caused by unforeseen events beyond the control of either the Contractor or the City,

such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor shall not be entitled to damages or additional payment due to these delays. War, governmental regulations, labor disputes, strikes, fires, floods, adverse weather necessitating cessation of work, other similar action of the elements, inability to obtain materials, equipment, or labor because of Federal Government restrictions arising out of National Defense, required extra work, action or inaction by the City, or other specific reasons as may be further described in the specifications may constitute such a delay. If delays beyond the Contractor’s control are caused by reasons other than those mentioned above, but are substantially equal in gravity to those enumerated, an extension of time may be granted, if deemed by the Engineer to be in the best interests of the City.

The Contractor shall be entitled to an extension of time if delayed due to a failure of the City to

furnish necessary right-of-way or materials which the City agreed to furnish, or by the City’s failure to supply necessary plans or instructions concerning the work, after written request by the Contractor.

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For Compensable Delay periods resulting in indirect overhead expenses, the Contractor shall be

reimbursed as provided for in General Provisions, Section 5, “Changes in Work”. 8.18 Substantial Completion – When work in accordance with the Contract Documents has

progressed to a stage of one-hundred percent (100%) complete, as determined by the Engineer, except for the completion of minor punch list items of deficiencies or omissions in the work which require correction in order to satisfy the agreement, yet do not impair the City’s ability to occupy and fully utilize the work for its intended purpose, the project shall be deemed “Substantially Complete”. Portions of the work may also be designated by the City as substantially complete if the Contract Documents require separate delivery.

When the Contractor gives notice to the Engineer that the work is substantially complete, unless

the Engineer determines that the work or designated portion thereof is not sufficiently complete to warrant an inspection, the Engineer will inspect the work to determine if it is substantially complete and will prepare a comprehensive punch list of items to be completed or corrected before final acceptance. The Contractor shall proceed promptly to correct items on the punch list. Failure to include an item on the punch list does not alter the responsibility of Contractor to complete all the work in accordance with the Contract Documents. If subsequent inspections by the Engineer disclose additional items needing correction, whether or not included on the initial punch list or not, those items must also be completed. See General Provisions, Section 8.20, “Final Acceptance”.

When the Engineer determines that the work or such designated portions of the work are

substantially complete, the Engineer will prepare and sign a Certificate of Substantial Completion. The date of substantial completion shall establish the date of occupancy by the City and the transfer of responsibility from the Contractor to the City for such items as security, maintenance, heat, utilities, insurance, and damage to the work from causes other than that of the Contractor. Unless otherwise indicated in the Certificate of Substantial Completion, the Contractor’s guarantee for the work shall commence upon the date of substantial completion. See General Provisions, Section 11.01, “Contractor’s Guarantee”.

8.19 Final Completion - After the Contractor has received the Certificate of Substantial

Completion along with the punch list, and the Contractor has completed the work on the punch list, the Contractor may make a written request for final inspection, upon submitting the following documentation:

(a) Copy of the previous list of items to be completed or corrected, indicating that each

has been completed or otherwise resolved for acceptance. (b) Concurrence with the Engineer on the totals of all quantities, costs, contract change

orders and the final contract sum. (c) Written guarantee and warranty bond for 10% of the final contract sum, effective as

of the date of substantial completion. (d) Description and cost of any unsettled claims. (e) Any other data required by the Contract Documents.

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Final Completion shall occur when the Engineer determines that the work is fully completed and in accordance with the Contract Documents. After final completion has occurred, the City will recommend final acceptance to the City Council.

8.20 Final Acceptance – Final acceptance by the City Council will be made promptly after the

work has been fully completed, final inspection made, and the final Certificate of Substantial Completion issued by the Engineer. In judging the work, no allowances for deviations from the Specifications will be made, unless already approved in writing at the times and in the manner provided for in the Contract Documents.

Should it become necessary, due to developed conditions, for the City to occupy any portion of

the work, or any part of any structure or equipment, before the contract is completed or accepted, such occupancy shall not constitute an acceptance of any part of the work, unless so stated in writing by the City.

8.21 Risk of Loss - The Contractor shall be responsible for the charge and care of the project

and shall bear all risks of injury or damage to the work, materials or equipment delivered to the site, by any means including fire, earthquake, wind, storm or other action of the elements, vandalism, or loss by theft, from the date of commencement of construction to the date of formal acceptance by the City Council. The Contractor shall rebuild, repair, restore and make good all injuries or damage to any portion of the work, and shall bear the entire expense thereof, except such injuries or damages that are caused by riot, insurrection, acts of the Federal or State Government, or a public enemy in time of war.

8.22 Use of Improvements During Construction - The City reserves the right to take over and

utilize all or part of any completed facility or appurtenance. Such action by the City will not relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic, from the action of the elements or from any other cause attributable to the Contractor’s operations or negligence. The Contractor will be required to restore such portions of the improvement before final acceptance. Nothing in this Section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials.

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SECTION 9 —RESPONSIBILITIES OF THE CONTRACTOR

9.01 Contractor’s Responsibility for the Work - The Contractor shall supervise, coordinate, and direct the work using Contractor’s best skill and attention. Contractor shall have control over and be solely responsible for construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the work in accordance with the terms of the Contract Documents.

The Contractor shall be responsible for assuring that all portions of the work, including those portions already performed under the Contract, conform to the requirements of the Contract Document and are ready to receive subsequent work.

The Contractor shall furnish and maintain in good condition all equipment and facilities as

required for the proper execution and inspection of the work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws.

9.02 Contractor’s Responsibility for Subcontracted Work - The City will deal directly with,

and make all payments to the Contractor only. The Contractor shall be responsible for the coordination of all trades, subcontractors, and suppliers engaged upon the work. Neither the City nor the Engineer will undertake to settle any differences between the Contractor and his subcontractors.

All persons engaged in the work, including subcontractors, will be considered as employees of

the Contractor. The Contractor will be held responsible for their work and shall be responsible to the City for acts and omissions including those by their respective agents and employees.

When subcontracted work is not prosecuted in a manner satisfactory to the Engineer, the

Contractor shall be notified to take corrective action within a specified time. If timely correction is not made, then upon receipt by the Contractor of written instructions from the Engineer, the Subcontractor shall be removed immediately from the work and shall not be reemployed.

9.03 Superintendent - The Contractor shall employ, and provide a written letter designating a

superintendent or representative who shall be present on the job site whenever work is in progress to coordinate all work with the City and neighboring property owners. A backup representative may also be provided. A joint venture shall designate only one Superintendent.

Directions and information given to the Superintendent shall be considered as having the same

effect as if delivered to the Contractor and the Superintendent shall have complete authority to act on behalf of the Contractor.

City approval of the Superintendent is required prior to starting work. The City reserves the right

to request an appropriately qualified replacement of the Superintendent any time during construction of the project. Contractor shall provide the Engineer with the Superintendent’s telephone number, along with an after-hours emergency contact number of a responsible person who shall correct hazardous situations, should they occur, during times other than the normal working hours.

9.04 Character of Workers - Contractor shall provide competent, fully qualified personnel to

perform the work and shall at all times maintain good discipline and order among its employees and Subcontractors. Any employed person or Subcontractor who is found to be incompetent, intemperate, troublesome, disorderly or otherwise objectionable or who fails or refuses to perform his work properly and acceptably, shall be immediately removed from the work by the Contractor and shall not be reemployed.

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9.05 Laws to be Observed - The Contractor shall keep himself fully informed of, and at all times observe and comply with, all Federal, State and County laws, all municipal ordinances and regulations of the City of Tracy, and all orders and decrees of bodies having jurisdiction over the work.

(a) Non-Discrimination – Attention is directed to Labor Code, Section 1735 which reads as

follows: “No discrimination shall be made in the employment of persons upon public work because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex of such persons, except as provided in Government Code, Section 12940 and every Contractor for public works violating this Section is subject to all the penalties imposed for a violation of this chapter.”

(b) Alien Labor - The Contractor shall forfeit as penalty to the City of Tracy fifty dollars

($50.00) for each alien with no permit to work in the USA knowingly employed in the contract, by him or by any Subcontractor under him upon any of the work herein mentioned, for each calendar day, or portion thereof, during which such alien is permitted or required to labor in violation of the provisions of the Labor Code and in particular Sections 1850 to 1854 thereof, inclusive.

(c) Hours of Labor – Pursuant to Labor Code, Sections 1810, eight (8) hours labor shall

constitute a legal day’s work and as such, the Contractor shall not permit any worker to labor more than eight (8) hours during any one (1) calendar day or more than forty (40) hours during any one (1) calendar week, except as permitted by law and in such cases only upon such conditions as are provided by law. Pursuant to Labor Code, Sections 1813, Contractor shall forfeit to the City, as a penalty, twenty-five dollars ($25.00) for each worker employed in the execution of this Agreement by Contractor, or any Subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or more than forty (40) hours in any one (1) calendar week in violation of the terms of this Section or in violation of the provision of any law of the State of California. Such forfeiture amounts may be deducted from the contract sum. Contractor and each Subcontractor shall keep, or cause to be kept, an accurate record showing the actual hours worked each calendar day and each calendar week by each worker employed on the project, which record shall be kept open at all reasonable hours to the inspection of the City, its officers and agents, and to the inspection of the appropriate enforcement agency of the State of California.

(d) Prevailing Wage – As identified in the Notice to Bidders, the work contemplated by

this agreement is a public work subject to prevailing wages under California Labor Code, Sections 1720 et. seq. The State of California Department of Industrial Relations has ascertained the general prevailing per diem wage rates in the locality in which the work is to be performed for each craft, classification, or type of worker required to perform the work. A schedule of the most recent general prevailing per diem wage rates made available to the City will be on file at the City’s principal facility office and will be made available to any interested party upon request. This prevailing wage rate schedule is provided by the City for Bidder’s information only and is not guaranteed by the City to be current. Contractor is obligated to verify all appropriate prevailing wage rates and pay those rates as required. By this reference the verified current schedule of prevailing wage rates is made part of the Contract Documents. Contractor shall pay not less than the prevailing per diem wage rates, as specified in the schedule and any amendments thereto, to all workers employed by Contractor in the execution of the work. Contractor shall cause all subcontracts to include the provision that all Subcontractors shall pay not less than the specified prevailing per diem wage rates to all workers employed by such Subcontractors in the execution of the work.

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Contractor shall forfeit to the City, as a penalty, no more that fifty dollars ($50.00) for each calendar day or portion thereof for each worker that is paid less than the specified prevailing per diem wage rates for the work or craft in which the worker is employed for any portion of the work done by Contractor or any Subcontractor in violation of the provisions of the Labor Code, and in particular Sections 1770 to 1781 thereof, inclusive. Such forfeiture amounts may be deducted from the contract sum. Contractor shall also pay to any worker who was paid less than the specified prevailing per diem wage rate for the work or craft for which the worker was employed for any portion of the work, for each calendar day, or portion thereof, for which the worker was paid less than the specified prevailing per diem wage rate, an amount equal to the difference between the specified prevailing per diem wage rate and the amount which was paid to the worker.

The City will not recognize any claim for additional compensation because of the

payment by the Contractor for any wage rate in excess of prevailing wage rates set forth in the Agreement, including payment in excess of the prevailing wage for extra work paid by force account. The possibility of wage increases is one of the elements to be considered by the Contractor in determining the Contractor’s bid and will not, under any circumstances be considered as the basis of a claim against the City under the Agreement.

(e) Payroll Records - Pursuant to Labor Code, Sections 1776, Contractor and all

Subcontractors shall keep an accurate payroll record, showing the name, address, social security number, job 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. All payroll records shall be certified as being true and correct by Contractor or Subcontractors keeping such records; and the payroll records shall be made available weekly and provided for inspection upon request by the City, the State of California Division of Labor Standards Enforcement, or the Division of Apprenticeship Standards of the State of California Division of Industrial Relations.

(f) Apprentice Program - Attention is directed to State of California Labor Code, Sections

1777.5, 1777.6, and 1777.7 and Title 8, California Code of Regulations, Section 200, and the applicable Sections that follow. Responsibility for compliance with these requirements lies with the Contractor. To ensure compliance and complete understanding of the law requiring apprentices, and specifically the required ratio thereunder, Contractor or Subcontractors should, where some question exists, contact the Division of Apprenticeship Standards, 525 Golden Gate Avenue, San Francisco, California, or one of its branch offices prior to commencement of the work. In the event Contractor willfully fails to comply with this Section, it will be considered in violation of the requirements of the Contract.

Nothing contained herein shall be considered or interpreted as prohibiting or preventing

the hiring by Contractor or Subcontractors of journeyworker trainees who may receive on-the-job training to enable them to achieve journeyworker status in any craft or trade under standards other than those set forth for apprentices.

9.06 Permits and Fees – Unless otherwise stated in the Special Provisions, the Contractor shall

procure all permits and licenses, including a City business license, pay all charges and fees, and give all notices necessary for lawful prosecution of the work. All permits, licenses, and other authorizations shall be secured in sufficient time to prevent delays to the work. The Contractor shall comply with the provisions of said permits, licenses and other authorizations.

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For City Capital Improvement Construction Projects, the Contractor shall obtain a “No Fee” encroachment and/or building permit from the Development and Engineering Services (DES) Department. Contractor shall coordinate through the Engineer to insure that all appropriate construction inspections occur. 9.07 Coordination and Cooperation - Construction work by utility companies or other Contractors may be needed or may be occurring simultaneously within or adjacent to the limits of work for this project. The Contractor shall coordinate and cooperate with all other Contractors and utility companies throughout the duration of this project to avoid delays and minimize interference and conflicts. Cooperation will be required in the arrangement for the storage of materials, and in the detailed execution of the work. It is the Contractor’s responsibility to ascertain the nature of work by others, coordinate his work, and install, modify, and maintain traffic control as necessary to avoid interferences and delays on the construction activities. Failure of the Contractor to keep informed of the work progressing on the site and failure to give written notice of lack of progress or defective workmanship by others shall be construed as acceptance by the Contractor of the status of the work as being satisfactory for proper coordination with his own work.

Where work of one trade joins or is on the other’s work, there shall be no lack of continuity or

discrepancy when work is completed. In conforming one kind of work with another, marring or damaging other work will not be permitted. Should improper work of any trade be covered by another which results in damage or defects, the whole work affected shall be made good by the Contractor without expense to the City.

The City reserves the right to perform work or allow others to perform work, as necessary, within

or adjacent to the limits of this project, at any time. If the Contractor or any of his Subcontractors or employees cause loss or damage to any separate Contractor on the work, the Contractor, by agreement or arbitration, if he deems it necessary, will settle any claim for such loss or damage. If such separate Contractor shall sue the City, on account of any loss so sustained, the City shall notify the Contractor, who shall indemnify and save harmless the City against any loss or damage arising therefrom, including the cost and expense of defending any such suit.

The Contractor shall absorb in his bid all costs involved in coordinating his work with others.

The Contractor will not be entitled to additional compensation from the City for damages resulting from such simultaneous, collateral and essential work.

9.08 Use of Premises - The Contractor shall confine construction activities to the project limits;

which shall consist of right-of-way, easements and/or property owned by the City of Tracy. With prior approval of the Engineer, adjacent street right-of-way may also be utilized for day-to-day operations. Unless approved by the Engineer, no storage of materials and equipment will be allowed to remain within the right-of-way during non-working hours, on the weekends, or during holidays.

Each day, after the completion of construction operations, unless otherwise approved by the

Engineer, the project limits shall be secured and made accessible to the public. All excess materials and equipment not protected by approved traffic control devices (such as k-rails) shall be relocated to a staging area or demobilized. Trench spoils shall be off-hauled daily and open excavations shall be protected with steel plates.

Personnel of Contractor and Subcontractors shall not occupy, live upon, or otherwise make use of

the project site during any time that work is not being performed at the project site, except as otherwise provided for in the Contract Documents for issues such as site security.

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9.09 Construction Staging and Field Office - If additional space beyond the construction limits is necessary for staging, the Contractor shall, at his own cost and initiative, make special arrangements with neighboring property owner(s) to secure a staging area for a field office and/or material and equipment storage. The staging area must be fenced, with screening, and shall be operated in a manner that minimizes the inconvenience to neighbors.

The Contractor is encouraged to negotiate side agreements with the property owner of such sites

prior to submitting bids. Prior to occupying the staging area, the Contractor will be required to provide to the Engineer a copy of the agreement or temporary construction easement granted by the property owner. A written release from the property owner, holding the City harmless from liability, will also need to be provided. In addition to approval from the property owner, the Contractor may also need to secure a Use Permit from the City’s Planning Division.

9.10 Site Security - Contractor shall be responsible for the care and custody of work and the

site, including all necessary security provisions, on a 24-hour per day basis throughout the entire term of the Agreement. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the work.

9.11 Construction Water - Construction water is available at no cost to the Contractor. The

Contractor is responsible for obtaining the required permit from the City and providing an approved water truck, installed with backflow prevention devices, prior to obtaining any construction water from City hydrants.

9.12 Project Site Maintenance

(a) Disposal of Material - Unless otherwise shown on the plans or specified herein, all

excess materials and materials removed from existing improvements shall become the property of, and be disposed by the Contractor. The Contractor shall be responsible for all costs associated with disposing all excess materials in a safe and legal manner. No material shall be placed on private or public property without prior approval from the City and the property owner. The Contractor shall not allow any refuse, excavated material, surplus concrete or mortar, or any associated washings, to be disposed upon paved streets, into manholes or into the City’s storm drain system.

Contractor shall establish a system for daily collection and disposal of waste materials

from construction areas and elsewhere on the site. Contractor shall handle waste materials that are hazardous, dangerous, or unsanitary separately from inert waste by containerizing appropriately. Burning or burying of waste materials on site will not be permitted.

All materials removed from the existing improvements, which in the opinion of the

Engineer have salvage value, shall be delivered to the City Corporation Yard at 520 Tracy Boulevard or at any other site designated by the Engineer within the City, at no additional cost.

(b) Cleanup and Dust Control – Attention is directed to the Tracy Municipal Code,

Chapter 7.24, “Dust and Debris” for requirements in addition to those that follow. At all times during construction, including weekends and holidays, and throughout all

phases of construction, including work suspensions and until final acceptance of the project, the Contractor shall keep the work site clean and free from rubbish, debris, and prevent the formation of an airborne dust nuisance.

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Materials and equipment shall be removed from the site as soon as they are no longer necessary. Upon completion of the work and before final inspection, the entire site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be absorbed in the Contractor’s bid.

The Contractor shall abate dust nuisance by cleaning, sweeping, and sprinkling with

water, those excavated areas of dirt or other materials which are prone to causing dust, within both the project site and the storage or staging area. If required or directed by the Engineer, the Contractor shall provide an approved water truck of large capacity with spraying capability.

The Contractor shall be required to apply water for dust control immediately during

construction efforts and within one (1) hour after notification by the Engineer that an airborne nuisance exists. If dust control is not adequate in the opinion of the Engineer, the Engineer will have this work done by others and will deduct such cost from the total contract price.

All hauling trucks or other construction vehicles leaving the site shall be cleaned of mud or

dirt clinging to exterior body surfaces or wheel rims before traveling on City streets outside the work limits. All trucks coming to or leaving the site with materials or loose debris shall be loaded in a manner, which will prevent the dropping of materials or debris on City streets. Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately at the Contractor’s expense.

When construction operations cause dirt to be deposited on public streets, the Contractor

shall immediately remove such material. Streets shall be cleaned by street sweeping, rather than flushing, so as to prevent mud from entering the storm drain system.

Excess excavated material shall be removed from the site immediately. Sufficient

material may remain for use as backfill if permitted by the specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping.

Failure of the Contractor to comply with the Engineer’s cleanup orders may result in an

order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension.

(c) Air Pollution Control - The Contractor shall not discharge smoke, dust, or any other air

contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority.

(d) Noise Control - The Contractor shall make every reasonable effort to control noise

generated as a result of construction to the satisfaction of the Engineer. Use of an air compressor, jackhammer or other loud, vibrating sound generating device shall be limited to operations between the hours of 8:00 a.m. and 4:30 p.m. unless otherwise authorized by the Engineer.

(e) Vermin Control - At the time of acceptance, structures entirely constructed under the

contract shall be free of rodents, insects, vermin and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the contract work within the contract time and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations.

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(f) Sanitation - The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances and regulations pertaining to the public health and sanitation of dwellings and camps.

(g) Wastewater - Wastewater systems shall not be interrupted. Should the Contractor

disrupt existing sewer facilities, the Contractor shall immediately notify the Engineer, and the Contractor shall establish a plan, subject to the approval of the City, to convey the sewage in closed conduits and disposed of it back into the sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill.

(h) Temporary Light, Power and Water - The Contractor shall at his own expense furnish,

install, maintain, and remove all temporary light, power, and water, including piping, wiring, lamps, and other equipment, necessary for the work. The Contractor shall not draw water from any City water source, except to extinguish a fire, without first obtaining a permit from the City.

(i) Storm Water Pollution Control – Storm Water Pollution Control work shall consist of following Best Management Practices (BMP) for storm water pollution prevention, submitting a Storm Water Pollution Prevention Plan (SWPPP) in compliance with all NPDES requirements, and constructing those facilities which may be required to provide prevention, control, and abatement of water pollution.

In compliance with State and Federal regulations on construction storm water

management and non-point source pollution control, no pollutants will be allowed to enter the storm drainage system. The Contractor shall be responsible for containing and removing any waste from the Contractor’s construction operations using the appropriate BMP. The Contractor shall be responsible for cleaning catch basins of solid or liquid waste materials originating from the Contractor’s operation before this material migrates further into the storm drain system. Violation of this provision shall cause the City to issue a stop-work notice and take necessary action to require the Contractor to correct and comply with regulations. All costs related to the stop-work action and corrective work to come into compliance shall be fully borne by the Contractor.

All construction efforts shall be conducted in a manner which prevents the release of

hazardous material or hazardous waste into the soil or groundwater, and minimizes the discharge of pollutants into the storm drain system. 9.13 Protection and Preservation of Property - The Contractor shall be responsible for the

protection of public and private property adjacent to the work. Due care shall be exercised to avoid damage to existing roadway improvements and facilities,

adjacent property, roadside trees, lawn and shrubbery not designated for removal, pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipe lines under or above ground, sewer and water laterals, and any other improvements or facilities within or outside the limits of construction. As ordered and approved by the Engineer, the Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor’s operations, they shall be replaced or restored, at the Contractor’s expense, to a condition as good as when the Contractor entered upon the work, or as good as required by the Contract Documents.

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Existing striping damaged during construction within and adjacent to the project site shall be replaced with thermoplastic. Partially damaged striping (such as what might occur trenching through a pavement legend), shall be replaced in their entirety.

Any survey monuments that are damaged or removed as part of the construction shall be replaced

by the Contractor and a Record of Survey, as required by State law, shall be filed by a licensed Land Surveyor at the Contractor's expense.

The fact that any such improvement or facility is not shown upon the plans shall not relieve the

Contractor of his responsibility under this Section. It shall be the Contractor’s responsibility to ascertain the existence of any underground improvements or facilities indicated on the plans, indicated by locating services, or as evidenced by facilities visible in the field.

9.14 Restoration of Adjacent and Existing Improvements - Contractor shall do all cutting,

fitting, or patching of the work required to make all parts of the work come together properly with existing and adjacent conditions.

Unless otherwise provided, the Contractor shall repair or replace all existing improvements (e.g.,

curbs, sidewalks, driveways, fences, signs, utilities, street surfaces, structures, etc.) damaged or removed as a result of his operations. Repairs and replacements shall be at least equal to existing improvements, and shall match in terms of condition, finish and dimension.

All traffic signs and street signs within the limit of work necessarily removed during the various

phases of operations shall be temporarily reset by the Contractor at or near the original location upon completion of each phase of construction operations. Prior to removal of all traffic control signs, the Contractor shall take photographs of the site which show the existing location of these signs so that upon completion the photographs will aid in resetting the signs at or near their original location. Traffic control signs and street signs will be replaced upon completion of the work and the cost of removal and replacement will be included in various bid items and no separate payment will be made. Rural type mail boxes shall be maintained by the Contractor in a manner satisfactory to the property owner and postal service, and the Contractor shall relocate the same as soon as possible to a permanent location in accordance with postal regulations and in a location acceptable to the property owner.

Any object to be removed and reused at other locations shall be removed with due care and

delivered or stored at the project’s construction storage area, or if approved by the Engineer, at the Boyd Service Center or any other site designated by the Engineer within the City. Such objects may consist of street light poles, signal mast arms and other objects directed by the Engineer. Items not approved by the Engineer for reuse purposes, and without salvage value, shall become the property of the Contractor, to be disposed of at Contractor expense, in an acceptable manner.

9.15 Archeological Remains - If archeological remains are uncovered during excavation,

earthwork within 100 feet of these materials will be stopped until a professional archeologist (SCA) and/or the Society of Professional Archeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures.

9.16 Access to Private Property - The Contractor shall schedule and perform operations so as

to minimize disruption of access to private property. Prior to blocking access to any private driveway or parking lot entrance, the Contractor shall notify the resident, business owner or tenant of pending closure and allow residents to remove vehicles. During non-working hours no driveway, house or parking lot shall be denied access to a public roadway.

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The Contractor shall coordinate with the adjacent property owners and businesses and maintain vehicle and pedestrian access to their properties at all times. Temporary access ramps, fencing, or other measures shall be provided as needed.

9.17 Public Convenience and Traffic Control – The Contractor shall provide for safe

movement of all vehicular, bicycle and pedestrian traffic through and around the construction operations with as little inconvenience and delay as possible. The Contractor shall have no amount of work under construction other than what he can properly prosecute with due regard to the rights and convenience of the public.

Proper conveyance of vehicular traffic and pedestrians through the work area depends upon

navigating under unexpected situations. The means of clarifying such conditions to the public include the Contractor’s use of signs, flagmen, pavement markings, barricades, lights, cones and delineators. No one standard sequence of signs or control devices will suit all conditions which may result from construction operations. Even for the same work, the conditions may vary from hour to hour, requiring adjustment and revisions of the traffic control in effect. The traffic control requirements specified herein are therefore intended to establish general principles to be observed in the control and regulation of traffic through and around the construction operations anticipated for this project. The requirements set forth in this Section represent the minimum traffic control requirements imposed and the Contractor shall be solely responsible for providing the full extent of traffic control measures that are necessary. Only individuals trained in the principles of implementing traffic control and/or traffic control flagging shall be assigned that responsibility at the work site.

(a) Traffic Control Plan – The Contractor shall submit a Traffic Control Plan to clearly

describe proposed traffic control measures. The plan shall be generally in accordance with the illustrations included in the “Manual of Uniform Traffic Control Devices” and the “Work Area Traffic Control Handbook”, (Building News Incorporated P.O. Box 3031, Terminal Annex, Los Angeles, CA 90051). The submittal shall consist of scaled drawings for each situation anticipated to be encountered, i.e., intersections, mid-block (each during working and non-working hours), etc. The drawings shall show signs, traffic control devices and flagmen as required.

The Traffic Control Plan shall be directed equally to the regulation and protection of non-

vehicular traffic including pedestrians, bicyclists, joggers, skaters, skateboarders, etc. The Contractor shall provide for the protection and separation of non-vehicular traffic from construction operations at all times. No work involving the implementation of traffic control shall begin until the Engineer has favorably reviewed the traffic control plans. The Contractor may implement a revised Traffic Control Plan only with subsequent review and acceptance by the Engineer.

(b) Traffic Control Devices - Traffic control devices shall be provided in sufficient

quantities and types as required to provide safe and adequate traffic control. During hours of darkness, approved lights and/or flares shall be included, in proper working order, to illuminate signs and hazards and alert approaching traffic. Barricades shall be furnished and maintained along all open trenches in contact with traffic. No work may begin on any day or at any time before traffic control devices have been placed, test driven and, if required, adjusted and revised. All traffic control devices shall be placed in accordance with the Manual of Uniform Traffic Control Devices and the Contractor’s favorably reviewed traffic control plans. Locations of devices shall be adjusted to suit the conditions and circumstances of each detour situation. In all cases, signs shall be placed to most effectively convey their messages to approaching traffic.

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The Contractor shall maintain all traffic control devices, at proper locations and in proper working order, at all times during construction operations and whenever a hazard resulting from Contractor’s operations exists. The Contractor shall adjust and revise traffic control devices, placement, etc., to suit changing conditions around construction operations. Traffic control devices shall remain in place at all times, as required to alert approaching traffic of upcoming hazards. After hazards have been removed, all traffic control devices shall be removed. Temporary signs shall be removed or their messages covered.

Daily traffic control measures shall continue until cleanup activities have been

satisfactorily completed and all of the Contractor’s equipment has been removed from the traveled way.

(c) Traffic Control Detours - The Contractor shall direct, divert and detour traffic through,

around and adjacent to construction operations in accordance with the traffic control plans specified in the Contract Documents or in accordance with the Contractor’s favorably reviewed traffic control plans.

1. Field Review of Detours - Immediately after traffic control devices have been

placed, the detour shall be test driven by the Engineer and the Contractor’s Superintendent. The test drive shall include approaches to the detour from each possible direction, and traverse the full length of each detour route. The Contractor shall adjust and revise all traffic control devices as determined to be required by the test drive and the test drive shall be repeated, if determined necessary by the Engineer. The Contractor shall provide additional traffic control devices as required to maintain the flow of traffic throughout construction operation.

2. Diverting Bicycle and Pedestrian Traffic – Whenever construction operations

obstruct the flow of bicycle and pedestrian traffic or present a hazard to bicycles and pedestrians, the Contractor shall take appropriate action to protect and separate bicycles and pedestrians from the work area. Such action may include placement of barricades between bicycles and pedestrians and the work areas, placement of warning signs, and provisions utilizing personnel as required to protect and maintain access for bicycles and pedestrians as conditions warrant.

3. Diverting Vehicular Traffic - Whenever construction operations obstruct the flow

of vehicular traffic or present a hazard to vehicles operating in the vicinity of construction operations, the Contractor shall take appropriate action to warn, detour and otherwise protect approaching drivers and vehicles.

4. Flagmen - The Contractor shall employ flagmen as required for each specific

detour and at all locations where barricades and warning signs cannot control the movement of traffic. A warning sign shall be placed ahead of the flagman reading: “Flagman Ahead.” The distance between the sign and the flagman should be based on the average traffic speed, allowing approximately 50 feet for each 10 miles per hour. During hours of darkness, flagman stations shall be illuminated such that the flagman will be clearly visible to approaching traffic. Lights for illuminating the flagman station shall receive favorable review by the Engineer. The flagman shall wear a red or orange warning garment when flagging. Flagmen shall be provided with approved red flags or STOP/SLOW hand paddles, and two-way radios for communication. When flagging during hours of darkness, the flagman shall signal with a red light or flare and shall have a belt and suspender harness

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outside his garment fitted with reflectors or made from reflectorized cloth, unless the garment is well reflectorized in one of these ways.

5. Notice to Agencies - The Contractor shall notify the Engineer and all agencies

having jurisdiction over the work, in writing, at least ninety-six (96) hours, excluding holidays and weekends, prior to instituting any lane closure or detour. At the end of each workday, the Contractor shall inform the Engineer, Police Department and Fire Departments of the status of all detours, lane restrictions, or road closures. The Contractor shall cooperate and coordinate with the various parties involved in the collection and removal of trash and garbage, the transit providers, the U.S. Postal Service, and others, as necessary, in order to maintain existing schedules and services.

6. Emergency Vehicle Access Through Detours - During all detours and/or street

closures the Contractor shall provide for the movement of emergency vehicles through the work area. It is essential that the Contractor’s work and equipment does not impede emergency access.

7. Night Detours - The Contractor shall not be permitted to maintain any lane

closure or road closure during non-working hours without first obtaining written approval from the Engineer. During non-working hours the Contractor shall restore travel lanes to their original alignment and configuration by means of placing temporary asphalt pavement or bridging with steel plates. The Contractor shall place “ROUGH ROAD” signs conforming to the Manual of Uniform Traffic Control Devices at uneven temporary pavement or bridging locations. See General Provisions, Section 9.18 (b), “Trench Safety Requirements”.

8. Temporary Traffic Lanes – Temporary traffic lanes shall be at least 10 feet wide, or

11 feet wide around curves. Provide an additional two (2) feet of clearance from curbs. The length of temporary lanes should be limited to the area under construction and the distance necessary to divert traffic.

(d) Parking Restrictions - The Contractor shall post approved “No Parking” signs at all

locations necessary to establish work areas and detour traffic. Signs shall read: “NO PARKING - CONSTRUCTION TOW-AWAY ZONE,” show the actual day and hours of parking restriction and indicate the telephone number of the City’s Police Department or agency having jurisdiction. Signs shall be placed at least seventy-two (72) hours in advance of the restriction. The Engineer shall approve the location and duration of no parking limits and verify their placement. “No Parking” signs shall be removed when no work is under construction and must be reposted seventy-two (72) hours before the resumption of construction activities.

For any violation of “No Parking” signs by motorists, the Contractor shall contact and

coordinate directly with the City’s Police Department for removal of vehicles in accordance with the California Vehicle Code. The Contractor shall also coordinate with the Police Department directly for enforcement and towing of parked vehicles.

9.18 Safety - The Contractor shall be solely responsible for initiating, maintaining, and

supervising all safety precautions and programs in connection with the performance of the work. The Contractor’s responsibilities shall specifically provide for the safety of persons involved in the project, other persons who are affected by the performance of the work, the work in place, materials and equipment to be incorporated in the work, the project site, and adjoining property.

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Payment for performing all work necessary to provide safety measures shall be included in the bid items for which safety measures are required and no additional compensation will be made.

(a) Safety Orders – The Contractor shall have at the work site, copies or suitable extracts

of: Construction Safety Orders, Tunnel Safety Orders, and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations.

(b) Trench Safety Requirement - As required by California Labor Code, Section 6705 and in

addition thereto, for any excavation of any trench or trenches five feet (5’) or more in depth, the Contractor shall submit to the Engineer for acceptance, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. Structural calculations prepared, stamped and signed by a Registered Engineer licensed to practice in the State of California shall accompany the plan to verify the structural safety and adequacy of the sheeting, shoring and bracing to be used on the project. No such plan shall allow any shoring, sloping or a protection system less effective than that required by the Construction Safety Orders of the State Division of Occupational Safety and Health.

The maximum length of open trench shall be 200 feet or the distance that pipe can be

installed in a single day. Trenches shall be backfilled and covered with 2 inches of cutback (in paved areas) or bridged with tack-welded steel plates at the end of each workday. Cutback shall be placed around plate edges to provide a smooth transition and to secure against displacement.

As soon as possible under the provisions of these specifications, the Contractor shall

backfill all excavations and restore to usefulness all improvements that existed prior to the start of construction.

(c) Confined Space Entry Program (CSEP) - Entry into permit-required confined spaces as

defined in Section 5157, Title 8, CCR may be required as a part of the work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit-required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall be responsible for implementing, administering, and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157, 5158, Title 8, CCR and shall implement such a program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by the Contractor and City personnel at the work site.

Prior to starting work, the Contractor shall prepare and submit its comprehensive CSEP

to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following:

1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment

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9. Rescue plan provisions

The Contractor’s CSEP submittal shall also include the names of the Contractor’s and Subcontractor’s personnel assigned to the project who will have CSEP responsibilities, their CSEP training, their specific assignment and their responsibilities in carrying out the CSEP.

Payment for implementing, administering, and providing all equipment and personnel

associated with the CSEP shall be included in the bid items for which the CSEP is required and no additional compensation will be made.

(d) Hazardous Conditions: Contractor’s Responsibility for Precautions - Contractor agrees that

if, during the progress of the work, a hazardous condition is identified which involves a risk of bodily harm to any person or a risk of damage to any property, the Contractor will take such special precautions as shall be necessary to make the progress of the work safe under such condition. Conditions may result from, but are not limited to, the use of specified materials or equipment, the location of the work, the condition of the site, the kind or method of construction, or the manner in which any of the work is required to be done. The Contractor agrees to assume the sole responsibility for determining whether any such hazardous condition exists or will be created during the course of the work.

(e) Use of Explosives – Explosives may be used only when authorized in writing by the

Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer’s approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations.

(f) Special Hazardous Substances and Process – Materials that contain hazardous substances

or mixtures may be required on the work. A Material Safety Data Sheet as described in California Code of Regulations, Section 5194 shall be requested by the Contractor from the manufacturer of any hazardous products used.

Hazardous material usage shall be accomplished with strict adherence to California

Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions.

9.19 Patent Fees or Royalties - The Contractor shall absorb in his bid, the patent fees or

royalties on any patented article or process which may be furnished or used in the work. The Contractor shall indemnify and hold the City harmless from any legal action that may be brought for infringement of patents.

9.20 Advertising - The names of the Contractor or Subcontractors, with their addresses and

the designation of their particular specialties, may be displayed at the job site on removable signs only if written approval is received from the Engineer. Commercial advertising material shall not be attached to, or painted on the surfaces of, any buildings, fences, canopies, or barricades.

9.21 Antitrust Claims – Attention is directed to Public Contract Code, Section 7103.5 which

provides: “In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or Subcontractor offers and agrees to assign to the 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. Sec 15) or the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or

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materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgement by the parties.”

9.22 Audit and Examination of Records – The City and entities and agencies designated by

the City, shall have access to, and the right to audit and examine at no additional cost, all of the Contractor’s project related data including but not limited to, books, estimates, records, contracts, bid cost data, Subcontractor and supplier job cost data, change orders, correspondence, instructions, drawings, receipts, vouchers, purchase orders, notes, computations, daily logs, and memoranda relating to the work. Pursuant to Government Code, Section 8546.7, the Contractor shall preserve all such records and will be subject to examination and audit by the State Auditor, at the request of the City, for a period of three (3) years after final payment under the Agreement.

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SECTION 10 - MEASUREMENT AND PAYMENT 10.01 Measurement of Quantities for Unit Price Work - Materials and items of work which are

to be paid for on the basis of measurement shall be measured in accordance with the methods stipulated in the particular sections of the Contract Documents involved.

Unless otherwise specified, quantities of work shall be determined from measurements or

dimensions in the horizontal planes. Stationing shall be along the street centerline, lengths of sanitary sewers, storm drains and water lines shall be measured as the horizontal distances from center to center of structures, rounded to the nearest foot, and lengths of all return radii and curb data shall be measured along the face of curb.

Unless otherwise provided in the Contract Documents, volumetric quantities shall be the product

of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimensions. Measurements shall be in accordance with U.S. Standard Measures. A pound is an avoirdupois pound. A ton is 2,000 pounds avoirdupois. The unit of liquid measure is the U.S. gallon.

When payment is to be made on the basis of weight, the weighing shall be done on certified

platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster’s certificates showing the actual net weights. The City will accept the certificates as evidence of the weights delivered.

10.02 Bid Items - Should any bid item be eliminated in its entirety, payment will be made to the

Contractor for actual costs incurred, in connection with such eliminated contract work, and for costs incurred prior to the date of the Engineer’s written notification eliminating such work. The actual costs to be paid to the Contractor shall be computed in the same manner as if the work were to be paid on a force account basis. No compensation will be made to the Contractor, in any case, for loss of anticipated profits. Increased or decreased scope involving a change order will be paid as stipulated in the change order.

Payment for lump sum items of work shall be made at the price indicated on the Bid Schedule.

Such payment shall be full compensation for the items of work and all work appurtenant thereto. Contractor shall submit to the Engineer, at the pre-construction conference, a detailed schedule of values or breakdown of the lump sum pay items, to be used as a basis for determining progress payments on lump sum work.

10.03 Bid Quantities - The quantities listed in the Bid Schedule for each bid item do not govern

final payment. Payments to the Contractor will be made only for the actual quantities of contract items constructed in accordance with the plans and specifications. If upon completion of the construction, the actual quantities show either an increase or decrease from the quantities given in the bid schedule, the contract unit prices will still prevail.

Payment will not be made for materials wasted or disposed of in a manner not called for under

the contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed and material placed outside of the plan lines. Unless otherwise provided, no payment will be made for materials delivered to the site but not incorporated in the work. Such quantities will not be included in the final pay quantities. No compensation will be allowed for the disposal of rejected or excess material.

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When the estimated quantity for a specific portion of work is designated on the Bid Schedule as a “Final Pay Quantity”, the estimated quantity specified shall be the final quantity for which payment for such specified portion of the work will be made, regardless of the actual quantity constructed, unless the dimensions of said portions of the work shown on the plans are revised by the Engineer. If such dimensions are revised and such revisions result in an increase or decrease in the quantity of such work, the final quantity for payment will be revised by the amount represented by the change. The estimated quantity for any portion of the work designated as a Final Pay Quantity shall be considered as approximate only and no guarantee is made that the quantity, which can be determined by computations, based upon the details and dimensions shown on the plans, will equal the estimated quantity. No allowance will be made in the event that the quantities based upon computations do not equal the estimated quantities. Final pay quantities will be designated on the Bid Schedule with the letter (F) and shall only apply to the corresponding portions of work specifically designated on the plans. Any portion of work not designated as a final pay quantity will be measured and paid for as specified under other provisions of the Contract Documents.

10.04 Progress Payments - The last working day of each month may be designated as the

monthly payment date which will terminate each working month. This date or an alternate date agreed upon by the Engineer and the Contractor shall terminate each working month for the duration of the work.

The Contractor shall, on the date established, prepare and submit a progress estimate to the City

for work accomplished during the previous working month, based on the various contract bid items and the unit bid prices. Invoices shall include amounts previously paid, itemized retention and any deductions or additions authorized by change order. Consultation with the Engineer may be necessary to determine the amount of work accomplished.

Contractor may request partial payment for materials delivered to the site but not yet

incorporated into the work (materials on hand). To receive consideration for payment of materials on hand, the Contractor shall provide the Engineer with a list of such materials at least five (5) working days prior to submitting the monthly estimate of amount earned for work completed. At the Engineer’s sole discretion, up to seventy-five percent (75%) of the estimated value of materials on hand may be considered for payment, subject to the following:

(a) Only materials which have received favorable review of shop drawings will qualify. (b) Eligible materials must be delivered and properly stored, protected, and maintained in a

manner favorably reviewed by the Engineer, at the job site or at a bonded warehouse. (c) The Contractor's actual net cost for the materials must be supported by paid invoices to

suppliers or other documentation requested by the Engineer. (d) Materials delivered to the site less than thirty (30) days prior to their scheduled

incorporation in the work shall not qualify. (e) Partial payments for materials on hand shall not be deemed to be final payment for the

material nor relieve the Contractor of his obligations under the Contract. (f) Partial payments for materials on hand shall be subject to retention.

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From each progress estimate, ten percent (10%) will be deducted and retained by the City, and the remainder of the amount due, less the amount of all previous payment will be paid to the Contractor provided all work invoiced has been completed and approved by the Engineer.

The Contractor may elect to receive one hundred percent (100%) of payments due under the

contract from time to time, without retention of any portion of the payment by the City, by depositing securities of a value equivalent to the retention amount with the City in accordance with the provisions of Public Contract Code, Section 22300. Such securities, if deposited by the Contractor, shall be valued by the City’s Finance Director, whose decision on valuation of the securities shall be final.

No application for payment will be reviewed or paid by the City unless proof of insurance,

improvement security, identification of the Superintendent, list of subcontractors and suppliers, Contractor’s construction schedule, submittal schedule, and all required submittals (if any) have all been received by the City, and are up to date.

Upon receipt of a progress payment request, the City shall, within seven (7) days, determine if

the request is proper, and if disputed the City will return the progress payment to the Contractor along with a written document setting forth the progress payment request’s shortcomings. Following receipt of an undisputed and properly submitted progress payment request, the City shall make payment within thirty (30) days.

The Engineer may withhold or nullify, the whole or any part of any payment to such extent as

may be necessary to protect the City from loss on account of any of the following:

(a) Defective or vandalized work not remedied, (b) Damage to the City or another Contractor, (c) Claims filed, or reasonable evidence indicating probable filing of claims, (d) Stop notices, or failure of the Contractor to make payments properly to

subcontractors or laborers or suppliers, (e) A reasonable doubt that the contract can be completed for the balance unpaid, (f) Reasonable evidence that the work will not be completed within the contract time

and that the unpaid balance of the contract sum would not be adequate to cover the City’s liquidated damages assessed in accordance with the Agreement for the anticipated delay,

(g) Failure of Contractor to maintain, update and submit record documents, schedules or other submittals as required by the Contract Documents,

(h) Performance of work by Contractor without properly processed shop drawings; (i) Any other failure of Contractor to perform its obligations under the Contract

Documents. Contractor warrants that, upon submittal of an application for payment, all work for which

payment has been previously issued by the City and received by the Contractor, shall be free and clear of all claims, stop notices, security interests, and encumbrances in favor of Contractor, Subcontractors, or other persons or firms entitled to make claims by reason of having provided labor, materials, or equipment relating to work.

The payment of pay estimates by the City shall not be construed as an absolute acceptance of the

work done up to the time of such payments and shall not constitute acceptance of defective work. 10.05 Final Payment - The City shall, prior to final acceptance, provide the Contractor with a

copy of the final pay quantities of the various contract bid items and contract change orders for his

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review. All prior payments shall be subject to correction in determining the final pay quantities. The Contractor shall reply promptly in writing, to indicate either his concurrence or an explanation of possible discrepancies in the final quantities.

The project will not be submitted to the City Council for acceptance until the Engineer and the

Contractor concur with the totals of all quantities, costs, contract change orders and the total contract sum. Following concurrence of the contract sum, a semi-final payment will be made to the Contractor after deducting all previous payments and all amounts to be retained under the provisions of the contract. The retention payment shall be due and payable as a final payment after the expiration of thirty-five (35) days following the date of final acceptance of the work by the City Council.

If within the time fixed by law, a properly executed notice to stop payment is filed with the City,

due to Contractor’s failure to pay for labor or materials used in the work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws.

If releases are required, Contractor shall pay or cause to be paid to Subcontractors the amount

stated in the conditional releases within five (5) days after receipt of the semi-final payment, and shall promptly thereafter furnish evidence of such payment to the City.

The securities deposited by the Contractor will be released, providing that the following

requirements of the contract have been fulfilled:

(a) Satisfactory completion of all construction work and written acceptance of said work by the City;

(b) The submission by the Contractor to the Engineer of all required stop notice releases,

submittals, written guarantees, warranties, operating manuals, and other project related documentation;

(c) The return to the Engineer of all drawings and written specifications loaned to the

Contractor during the construction period. (d) The submission by the Contractor to the Engineer a set of red-lined drawings

showing the revisions to the original set of drawings which reflect the actual construction of the project for preparation of “Record Drawings”.

The Contractor agrees that the payment of the final amount due under the contract shall release the City of Tracy from any and all claims or liability on account of all work performed under the contract, except those items previously made in writing and identified by the Contractor as unsettled. Release of the final payment by the City shall not be construed as an

acceptance of any defective work or acceptance of improper materials. 10.06 Claims - The term “Claim” shall mean a written demand or assertion by the Contractor

seeking, as a matter of asserted right, adjustment in the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, or determination of other disputes or matters in question between the City and Contractor arising out of or related to the Contract Documents or the performance of the work, including claims alleging an error or omission.

A claim must be stated with specificity, including identification of the event giving rise to claim,

the date of the event, and the asserted effect on contract sum and contract time. The claim shall include

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adequate supporting data. Adequate supporting data for a claim for an adjustment of the contract time shall include scheduling data demonstrating the impact of the event on the completion of the work. Adequate supporting data for a claim for an adjustment of the contract sum shall include a detailed cost breakdown of the items allowed, isolating labor, material, and equipment costs, and providing detailed quantities and unit prices for changed work. If the exact amount of a claim is not ascertainable at the time such claim is made, the supporting data currently available shall be submitted. Supplemental data supporting the exact amount of the claim shall be submitted as soon as available.

Notwithstanding the making of any claim or the existence of any dispute regarding any claim,

unless otherwise directed by the Engineer, the Contractor shall not cause any delay, cessation, or termination in the performance of the work, including portions of the work pertaining to a claim.

10.07 Time Limit on Claims - Contractor shall submit any and all claims, together with

adequate supporting data to the Engineer as soon as possible but not later than ten (10) working days after occurrence of the event giving rise to the claim, or the date the Contractor first recognized, or reasonably should have recognized, the condition giving rise to the claim, whichever is earlier. Contractor hereby expressly waives all claims not made within this time limit.

Contractor is expressly barred from asserting any claims of which the Contractor was aware,

whether or not the exact amount of such claims was ascertainable, that is not submitted to the Engineer prior to the Contractor proceeding with the work.

10.08 City Response to Claims - The Engineer shall promptly review claims. If additional

supporting data is deemed necessary, the Engineer shall request such additional data within ten (10) working days after receipt of the claim. The Contractor shall furnish such additional data no later than ten (10) working days after receipt of the City’s request. The Engineer shall render a decision promptly, but in any event, within thirty (30) working days after the receipt of the claim or the receipt of additional supporting data. If the amount of the claim is in excess of $50,000, the aforesaid thirty (30) working day period shall be sixty (60) working days. Failure of the Engineer to render a decision within the aforesaid thirty (30) or sixty (60) working day period shall be deemed a decision denying the claim and the last day of such period shall be the date of such decision. The decision of the Engineer shall be final and binding unless appealed in accordance with the General Provisions, Section 10.09, “Appeal of the Engineer’s Decision”.

10.09 Appeal of Engineer’s Decision - If Contractor disputes the Engineer’s decision of a claim,

the Contractor shall, within thirty (30) calendar days of the decision, make a written appeal of the decision to the Engineer. The written appeal shall include all supporting data upon which the Contractor requests the City to modify its decision, including all documentation transmitted between the Contractor and the Engineer on the underlying claim. The Engineer shall make a good faith effort to resolve the claim prior to final completion of the Project. In the event the claim is not resolved prior to final completion, the Contractor’s claim shall be heard by the DES Director prior to recommending final acceptance to the City Council. The Contractor’s administrative remedies under the Contract Documents shall be exhausted after the decision of the DES Director is rendered.

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SECTION 11 - GUARANTEE 11.01 Contractor’s Guarantee - Prior to final acceptance, the Contractor shall warrant and

guarantee to the City that all work is in accordance with the Contract Documents and is not defective. The guarantee shall be accompanied by a warranty bond for ten percent (10%) of the final

contract sum, which shall warrant the quality of the work for a period of one (1) year after acceptance. The guarantee and warranty bond shall be in accordance with the Agreement Forms furnished in the Contract Documents.

11.02 Correction of Defective Work During the Guarantee Period - If within one (1) year after the date of City Council acceptance, or such longer period of time as may be prescribed by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents, any work is found to be defective, the Contractor shall promptly without cost to the City and in accordance with the City’s written instructions, either correct such defective work or if it has been rejected by the City, remove it from the site and replace it with non-defective work.

If the Contractor does not promptly comply with the terms of such instructions within ten (10)

working days after written demand by the City, the City may have the defective work corrected. The City may also correct defective work immediately in cases of emergency where delay would cause serious risk of loss or damage. All direct, indirect and consequential costs of correcting defective work (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) shall be absorbed by the Contractor.

The Contractor shall remove from the Project site portions of the work and materials which are

not in accordance with the Contract Documents and which are neither corrected by the Contractor nor accepted by the City. If Contractor fails to pay the costs of such removal within ten (10) working days after written demand, the City may, without prejudice to other remedies, sell such materials at auction or at private sale, or otherwise dispose of such material. The Contractor shall be entitled to the proceeds of such sale, if any, in excess of the costs and damages for which the Contractor is liable to the City, including reasonable attorneys’ fees and expenses and compensation for the City’s services and expenses.

11.03 Acceptance of Defective Work - The City shall have the option, at its sole discretion and

by notice to the Contractor, to accept defective work instead of requiring its removal or correction, in which case the contract sum shall be reduced by an amount equal to the difference between the value to the City such work would have were it complete, correct, and in conformity with the Contract Documents and the value to the City of such defective work. Such option shall be exercised solely by notice to the Contractor and shall not be implied from any act or omission by the City or the Engineer. If the remaining payments and retention are insufficient to cover the amount of the reduction of the contract sum, the Contractor shall promptly pay to the City the amount of any such deficiency.

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Technical Specifications TP-1 Police Radio Room Fire Suppression System CIP 71050B

TECHNICAL SPECIFICATION

PART 1. GENERAL

1.01 SCOPE: This specification outlines the requirements for design-build of a fully operational integrated fire protection system. The work described in this specification includes all engineering, labor, materials, equipment, permitting and services necessary to complete and test a fully operational integrated fire suppression system,

1.02 DEFINITIONS: Whenever any work is described in these contract documents to be done by a specialty contractor, subcontractor, supplier, manufacturer, engineer or trade, it shall be deemed as included in the scope of work of this contract and of the bidding Contractor as defined in the General Provisions.

1.03 APPLICABLE STANDARDS AND PUBLICATIONS: The latest edition of the following standards shall apply:

A. NFPA No. 70 - National Electrical Code

B. NFPA No. 72 – National Fire Alarm Code

C. NFPA No. 75 - Protection of Electronic Computer/Data Processing Equipment

D. NFPA No. 2001 – Standard on Clean Agent Fire Extinguishing Systems

E. Requirements of the Authority Having Jurisdiction (AHJ) = City of Tracy

1.04 SCOPE OF WORK: A. Provide engineering, installation and testing required for a complete, integrated fire

protection system. This includes, but is not limited to:

(i) Obtaining and complying with all requirements for a City of Tracy building permit (no cost to Contractor for permit).

(ii) Provide an automatically activated, total flooding, ProInert2 clean agent fire suppression system.

(iii) Provide addressable Fire Suppression System Control Panel including detection, monitoring and alarms. Install Fire Suppression System Control Panel in Dispatch Room 228

B. The areas to be protected as specified in this section are as indicated below: Refer to drawings to confirm areas to be protected:

(i) Radio Room 225

(ii) Radio Annex Room 224

(iii) UPS Room 231

C. Electrical Division 26

(i) All power to protected area’s equipment, and any other related equipment shall be provided.

(ii) Furnish and install the shunt trip breakers

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(iii) A separate120 VAC power circuit shall be provided through a dedicated 20-amp circuit breaker to each fire suppression system control panel in a conduit which is separated from all other low voltage wiring.

(iv) Conduit and wire for all above

1.05 WORK NOT IN CONTRACT: A. Contractor shall coordinate with others performing work not in contract (NIC), as needed,

for a complete operational system

B. All work shown in the Contract Documents is contract work, regardless of any statements to the contrary, unless specifically listed below:

C. The following work will be done by others in rooms Radio 225, Radio Annex 224, UPS 231, and Dispatch 228:

(i) Architectural: 1) To maintain the clean agent zone integrity and to hold the clean agent

concentration for a minimum of 10-minutes or as allowed by the AHJ 2) The perimeter walls of the room should be full height and sealed to the floor and

deck above. This is in accordance with NFPA 75. 3) The protected enclosure must be capable of withstanding a peak pressure spike

during the discharge of ProInert2 agent. To achieve this objective, the construction of the protected enclosure’s walls, floor, and ceiling shall be able to resist this pressure increase during agent discharge.

4) In sub floor applications, bulkheads shall be installed to properly isolate the suppression zones.

5) The access doors to all protected areas should have door seals and sweeps as well as automatic door closures.

6) Any penetrations to the exterior walls for cables or conduit should be sealed. 7) Removal of existing fire extinguisher and other items on the wall in Dispatch

Room 228 as required for installation of the Fire Suppression Control Panel. 8) Painting or wall patching that is necessary to comply with finish specification

requirements.

(ii) HVAC: install independent HVAC system, remove all ducts to isolate rooms 224, 225, 231 from the main building HVAC system.

(iii) Wet Pipe Fire Sprinkler System modifications to rooms 224, 225, 231 – Divisions 210000/ 211319.

(iv) Modifications to the building life-safety system, if applicable, including, but not limited to design, permits, installation materials/labor, and equipment/devices.

(v) Interconnection between the fire suppression system control panel and the building life safety system.

D. Submit separate proposals of the following items for information only, as part of shop drawings:

(i) Preventive Maintenance contract

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Technical Specifications TP-3 Police Radio Room Fire Suppression System CIP 71050B

(ii) Regular maintenance service to system in accordance with ProInert2 clean agent manufacturer’s written recommendations and maintenance manual for a period of 12 months from date of final acceptance.

(iii) Preventive Maintenance inspections. Inspection personnel shall be trained and certified by the ProInert2 clean agent manufacturer. Documents certifying satisfactory system conditions to be provided after inspections

(iv) Five (5) year warranty extension. The warranty period will be extended to a period of sixty (60) months after installation and original start-up of the system.

(v) Cost of agent recharge for each occurrence.

1.06 SUBMITTALS: A. Shop drawings and product data shall be submitted. The integrated fire suppression

system contractor shall submit the following items to the City, for approval prior to starting work on this project.

(i) Fire suppression system installation drawings: 1) Field installation layout drawings shall have a scale of not less than 1/8"=1'-0"

detailing the location of all ProInert2 clean agent storage tanks, pipe runs, including pipe sizes and lengths, control panel(s), detectors, manual pull stations, abort stations, audible and visual alarms and auxiliary devices, etc.

2) Drawings shall show isometric details of ProInert2 agent storage containers, mounting details, and proposed pipe runs and sizes.

3) Drawing shall provide an internal control panel-wiring diagram, which shall include power supply requirements and field wiring termination points.

4) A complete graphical, sequence of operation shall be submitted detailing all alarm devices, shutdown functions, remote signaling, damper operation, time delay and agent discharge for each zone or system.

5) System component data submittal package with material data sheets and CSFM listings.

6) A complete bill of materials.

(ii) Hydraulic flow calculations for each fire suppression system 1) Clean agent hydraulic flow calculations, from a U.L. listed computer program,

shall be provided for all engineered ProInert2 clean agent systems. Calculation sheet(s) must include the manufacturers name and U.L. listing for verification. The individual sections of pipe and each fitting to be used, as shown on the isometrics, must be identified and included in the calculation. Total agent discharge time must be shown and detailed by zone.

2) Calculations shall also include relief/vent area required (NIC) to avoid structural damage to the hazard enclosure, equipment and building.

(iii) Battery stand-by power calculations for the fire suppression system control panel. 1) Provide calculations for the battery stand-by power supply taking into

consideration the power requirements of all alarms, initiating devices and auxiliary components under full load conditions.

2) Battery power shall be calculated for 24-hour standby and 5-minutes in alarm.

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Technical Specifications TP-4 Police Radio Room Fire Suppression System CIP 71050B

B. A copy of all the approved fire suppression system drawings and calculations listed above shall be sent to the City.

C. Submit test reports to City for the following:

(i) Room integrity tests

(ii) Pressure tests

(iii) Flow tests

1.07 QUALITY ASSURANCE: A. Manufacturer:

(i) The manufacturer of the integrated clean agent fire protection systems hardware and detection components shall have a minimum of 10 years experience in the design and manufacture of similar types of suppression systems. The manufacturer shall be able to refer to similar installations providing satisfactory service.

(ii) The name of the manufacturer, part numbers and serial numbers shall appear on all major components.

(iii) All devices, components and equipment shall be the products of the same manufacturer.

(iv) All devices, components and equipment shall be new and standard products of the manufacturer’s latest design, suitable to perform the functions intended.

(v) All devices and equipment shall be U.L. listed and/or FM approved.

(vi) All fire system control panels shall meet the requirements of the current UL Standard 864, Rev 9

(vii) Locks for all cabinets shall be keyed alike.

B. Fire Suppression System Contractor:

(i) The installing contractor shall be a subsidiary company of the manufacturer of the ProInert2 clean agent equipment.

(ii) The installing contractor shall be an experienced firm, with a minimum of (10) years experience, regularly engaged in the design, installation and testing of integrated clean agent fire suppression systems in strict accordance with NFPA standards. The design and installation of clean agent fire protection systems shall account for more than 50% of the installing contractor’s work.

(iii) The installing contractor shall be responsible to design, install, test and maintain the integrated ProInert2 clean agent fire suppression system, detection and controls for the system.

(iv) The installing contractor shall employ a NICET, Level IV, certified special hazard designer, who will be responsible for this project.

(v) Installing contractor shall submit a resume of the engineer, project manager, site foreman and commissioning technician, showing experience in similar projects. Resumes to be submitted with this project’s bid.

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Technical Specifications TP-5 Police Radio Room Fire Suppression System CIP 71050B

(vi) The installing contractor shall show evidence that they carry a minimum $3,000,000.00 liability and completed operations insurance policy. Due to the critical function this system serves these limits shall supersede limits required in the general conditions of the specifications if less stringent.

(vii) The installing contractor shall maintain, or have access to, a recharging station. The installing contractor shall provide proof of his ability to recharge the largest system within 72 hours after a discharge.

(viii) The installing contractor shall be an authorized stocking distributor of the ProInert2 clean agent system manufacturer so that immediate replacement parts are available from inventory.

1.08 WARRANTY A. Warranty system for parts and labor for not less than a period of 12 months.

B. False Discharge Warranty: Warranty replacement and associated costs of ProInert2 clean agent in the event of a false discharge attributable to defects in installation or parts for a period of 12 months from date of acceptance by the City.

C. Warranty shall have the capability to recondition complete system within 24-72 hours in the event of system activation.

1.09 OPERATION AND MAINTENANCE DATA A. Provide complete operation and maintenance data in hard copy and electronic format.

B. Operation and Maintenance data to include:

(i) Electrical schematic of circuits

(ii) Written description of system design

(iii) Drawings illustrating control logic and equipment location

(iv) Written documentation for: 1) Emergency procedures 2) Abort functions 3) System control panel operation 4) Trouble procedures 5) Safety requirements

1.10 SYSTEM DESCRIPTION AND OPERATION A. Clean Agent Fire Suppression System Description:

(i) The system shall provide ProInert2 clean agent utilizing IG-55 fire extinguishant. IG-55 is an inert clean agent mixture consisting nominally of 50% argon and 50% nitrogen. System shall be supplied by Fike Corporation through an authorized and trained distributor.

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Technical Specifications TP-6 Police Radio Room Fire Suppression System CIP 71050B

(ii) The ProInert2 clean agent fire extinguishing system shall provide a minimum design concentration in accordance with the current version of NFPA 2001 and Fike Design, Installation, and Maintenance Manual, P/N 06-625-2. Protected spaces considered to be Normally Occupied (e.g. computer room, clean room, etc.) shall be designed for concentrations up to the NOAEL concentration of 43% in accordance with the exposure guidelines with an automatic discharge with discharge time delay as per NFPA 2001. Normally Occupied spaces requiring design concentrations in excess of 43% can be designed up to the LOAEL concentration of 52% with an automatic discharge with discharge time delay as per NFPA 2001. As per the NFPA 2001, the personnel egress time from the protected space should be less than 5 minutes when designing a system in excess of 43% and up to the LOAEL concentration of 52%.

(iii) The system shall be complete in all ways. It shall include all mechanical and electrical installation, all detection and control equipment, ProInert2 (IG-55) agent storage containers, clean agent, nozzles, pipe and fittings, manual release and abort stations, audible and visual alarm devices, auxiliary devices and controls, alarm interface, caution/ advisory signs, functional checkout and testing, training and all other operations necessary for a functional, U.L. Listed and/or F.M. approved, inert clean agent suppression system

(iv) The system shall be actuated by photoelectric detectors installed at a maximum spacing of 250 sq. ft. per detector, in both the room and sub-floor protected spaces, if applicable. If the airflow exceeds one air change per minute, photoelectric detectors shall be installed at a spacing not to exceed 125 square feet per detector. (Ref. NFPA No. 72 -current edition)

(v) Detectors shall be wired in Fike’s "Sequential/Verified Detection" method of operation, using Class "B" wiring arrangement. No other detection / wiring arrangement will be acceptable.

B. Sequence of Operation of the ProInert2 Clean Agent System:

(i) Actuation of one (1) spot type smoke detector within the zone, shall: 1) Provide an alphanumeric LCD display indicating the type of the alarm at the

clean agent control panel. 2) Activate a pre-alarm horn/strobe - pulsing mode 3) Activate system common alarm relay. 4) Signal the building life-safety system to active building notification devices.

(ii) Actuation of any two detectors within the zone, shall: 1) Provide an alphanumeric LCD display indicating the type of the alarm at the

ProInert2 clean agent control panel. 2) Activate pre-discharge horn/strobe - continuous mode 3) Start 30-second time-delay sequence. 4) System abort sequence is enabled at this time. 5) 2nd alarm activation red lamp is illuminated. 6) 2nd alarm shutdown relays are energized. 7) Shut down the HVAC system including internal dedicated air units, and/or close

dampers.

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Technical Specifications TP-7 Police Radio Room Fire Suppression System CIP 71050B

(iii) After completion of the time-delay sequence, the ProInert2 clean agent system shall discharge and the following shall occur:

1) Provide an alphanumeric LCD display indicating the release of agent at the ProInert2 clean agent control panel.

2) Activate a visual strobe device outside the zone in which the discharge occurred. 3) Discharge red lamp is illuminated. 4) Discharge shutdown relays are energized shutting off power to the equipment.

(iv) Manual release of the ProInert2 clean agent system 1) The system shall be capable of being actuated by manual discharge devices

located at each zone exit. 2) Manual actuation shall bypass the time delay and abort functions, shall cause the

system to discharge and shall cause all alarm and shutdown devices to operate in the same manner as if the system had operated automatically.

(v) Abort switch activated 1) The abort switch shall provide a temporary means of aborting the ProInert2 clean

agent discharge. The switch, when depressed, shall interrupt the signal from the ProInert2 clean agent control panel to the agent release module. As long as the button is depressed, the ProInert2 clean agent will not discharge. If released before the system is reset, the ProInert2 clean agent will discharge.

PART 2. PRODUCTS

2.01 MANUFACTURER-BASIS OF DESIGN A. The basis of design is the Fike ProInert2 (IG-55) Clean Agent System with the Fike

Cheetah Xi-50 Control Panel with associated addressable devices.

(i) Alternates must demonstrate equal or better environmental properties. Agents with anything other than zero GWP or zero ODP shall not be accepted.

(ii) Single use alternates shall not be considered. Upon system use (discharge) replacement parts/agent shall not exceed 10% of the installed system cost.

B. All materials and equipment shall be standard products, of the manufacturer’s latest design, and shall be suitable to perform the functions intended. When one or more pieces of equipment are used for the same function, they shall be the same model number and be from the same manufacturer.

C. All devices shall be UL listed and/or FM approved.

D. All references to model numbers and other pertinent information herein are intended to establish standards of performance, quality and construction. These model numbers are based on equipment manufactured by Fike Corporation, 704 South 10th Street, Blue Springs, MO 64015.

2.02 CLEAN AGENT A. The NFPA Designation for the ProInert2 Clean Agent shall be IG-55.

B. IG-55 chemical name: Nitrogen 50%, Argon 50%

C. Trade Name: The inert clean agent shall be Fike’s ProInert2 (IG-55).

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Technical Specifications TP-8 Police Radio Room Fire Suppression System CIP 71050B

2.03 CLEAN AGENT NOZZLES: A. The nozzles shall be UL listed.

B. The nozzles shall be Fike’s P/N IG71-000 series.

C. Nozzles shall be available in NPT pipe sizes 1/4" thru 2". Each size shall be available in 360-degree and 180-degree distribution patterns.

D. Nozzles shall distribute the agent with a steady flow rate preventing destructive turbulence from occurring.

2.04 CLEAN AGENT STORAGE CYLINDERS A. The ProInert2 clean agent shall be supplied within Fike’s P/N IG71-000 series agent

storage cylinders with the capacity to contain 572 cubic feet at 200 bar or 802 cubic feet of ProInert2 IG-55 inert clean agent at 300 bar.

B. Cylinders shall be of high-strength alloy steel construction that complies with the Department of Transportation regulation for refillable pressure vessels and conform to NFPA 2001.

C. 200 bar cylinders shall be pressurized to an operating pressure of 2900 psi and 300 bar cylinders shall be pressurized to an operating pressure of 4,351 psi @60°F.

D. Cylinders shall be pneumatically actuated through a Fike Actuation Package P/N IG71-017 for every 60 agent containers.

E. Each cylinder shall have a pressure gauge. The pressure gauge shall be color coded to provide an easy visual indication of container pressure.

F. Each cylinder shall have a self pressure regulating valve that will provide a constant cylinder valve outlet pressure of 42 bar permitting the use of Schedule 40 distribution pipe from the valve discharge hose connected to a manifold of the same pipe work schedule.

G. Each primary cylinder shall have a low-pressure switch to provide visual and electrical supervision of the container pressure. The low-pressure switch shall be wired to the control panel to provide an audible and visual "Trouble" alarm in the event the container pressure drops.

H. Each cylinder shall have a pressure relief provision that automatically operates when the internal temperature exceeds 150OF.

I. Each cylinder shall be fitted with an anti-recoil device installed in the discharge valve outlet to ensure the contents of the pressurized container will be released in a slow, controlled, rate of discharge if the valve is opened during the shipping or handling process.

2.05 FIRE SUPPRESSION SYSTEM CONTROL PANEL: A. Control panels shall be listed and approved by U.L 864, rev. 9, no exceptions. Control

panels which are not U.L. 864 rev. 9 approved are now obsolete per NFPA 72, 2012 edition, causing hardship to the City when components need to be replaced in the near future.

B. The addressable control panel shall be a Cheetah Xi -50 Fire Detection and Control System PN 10-0071 manufactured by Fike Corporation, Blue Springs, MO.

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Technical Specifications TP-9 Police Radio Room Fire Suppression System CIP 71050B

C. The control panel and its components shall be U.L. listed and FM approved for use as a local fire alarm system, and/or releasing of clean agent, deluge and pre-action fire suppression systems.

D. Control panels shall use extreme intelligence with peer-to-peer operation. Intelligence shall be in the field devices, not just the control panel, thus eliminating a potential single point of failure.

E. Control panels shall be capable of releasing a minimum of three (3) clean agent and three (3) pre-action sprinkler systems from a single panel.

F. Control panels shall be capable of networking with similar panels to allow for internal and external NOC communications

G. All detection and control associated with the special hazard protected space shall be directly connected to the suppression system control panel only. Use of building fire alarm connected devices to initiate suppression functions shall NOT be permitted to be in compliance with NFPA 72 requirements.

H. Control Panel Capacity and General Operation

(i) The panel shall be capable of communicating and controlling up to 50 addressable digital devices and sensors.

(ii) The panel shall support up to 254 software zones for configuring initiating devices and output functions.

(iii) The panel shall respond to an alarm-initiating device, including analog smoke sensors in as little as ¼ second. Response times shall be measured from the activation of the initiating device to the activation of the associated notification devices.

(iv) The panel shall provide two configurable notification appliance circuits. Each circuit shall be rated for 2.0 amps @ 24 VDC.

(v) The panel shall include a full-featured operator interface control and annunciation panel that shall include a LCD display, ten (10) individual color-coded system status LEDs and an alpha numeric keypad for field programming of the system.

(vi) All programming or editing of the existing configuration program in the system shall not require use of special equipment, such as a laptop or external computer. Access to the configuration program shall be limited by use of a password security system. Three levels of access shall be used to isolate user, maintenance and configuration operating portions of the system.

I. The control panel shall provide the following features:

(i) Drift compensation for analog sensors.

(ii) Maintenance alert for sensors with excessive accumulations of dust or dirt.

(iii) Alarm verification with individual counters for each sensor.

(iv) Periodic calibration of smoke sensors.

(v) Day/Night automatic smoke sensor sensitivity adjustments.

(vi) One-man walk test with optional notification appliance testing.

(vii) Two levels of adjustable pre-alarm for advanced warning.

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Technical Specifications TP-10 Police Radio Room Fire Suppression System CIP 71050B

(viii) 3200 event history buffer.

(ix) Communicate with both non-isolator and isolator version addressable devices.

J. Signaling Line Circuits (SLC)

(i) The SLC shall provide power and communication with up to 50 addressable devices. The basic system shall consist of a single SLC module.

(ii) The SLC shall be capable of meeting the wiring requirements of NFPA 72, Style 4, 6 and 7.

(iii) The SLC shall communicate using a completely digital communication method to provide a more reliable, noise immune communication system. All communication between an addressable device, or sensor shall use a validation method, such as providing a checksum for each message, to validate the integrity of each message. Systems, which use a hybrid analog and digital communication scheme, will not meet the requirements of this section.

(iv) The SLC shall use an interrupt driven communication scheme to rapidly identify alarm conditions of any connected device. The normal polling scheme of the system shall be interrupted by a device in alarm. Identification of the alarming device shall be annunciated at the control system display within 3 seconds of activation.

K. Power Supplies

(i) The power supply shall operate upon either 120 VAC or 240 VAC, 50/60 Hertz and shall provide all power necessary to operate the control system.

(ii) The power supply shall provide 5.25 amps of power for use on notification appliance circuits or auxiliary power circuits.

(iii) The power supply shall provide battery charger capacity to sufficiently recharge a depleted set of 7, 18, 40, or 75 AH batteries within 48 hours.

(iv) Auxiliary power output circuits shall be provided for four wire detectors or addressable control modules. A separate circuit shall be provided to allow resetting the auxiliary power during a system reset. All auxiliary power circuits shall be power limited.

(v) Two (2) 24VDC, 2 amp continuous Auxiliary power output circuits shall be provided for four wire detectors or addressable control modules. A separate circuit shall be provided to allow resetting the auxiliary power during a system reset. All auxiliary power circuits shall be power limited.

2.06 DETECTORS: A. All detectors shall be supported by 4” base 63-1055/1061, or 6” base 63-1054/1060.

B. Addressable Photoelectric Sensors

(i) The Photoelectric sensors shall be Fike’s 63-1052/1058 series

(ii) Each sensor shall store the sensor address and operating characteristics in non-volatile memory at the sensor. The sensor shall use a threshold received from the control unit to determine when an alarm condition exists.

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(iii) Each sensor shall have two alarm LEDs for 360o viewing. The alarm LEDs shall flash when communicating with the control panel, and shall illuminate steady during alarm conditions.

(iv) Sensitivity settings for photoelectric sensors shall be set and displayed on the LCD in % obscuration per foot.

(v) Each sensor shall be capable of compensating for dust and dirt accumulation within the sensing chamber.

A calibrated light source shall be used to calibrate the fire level of the photoelectric sensor. Sensors that use a fixed fire level limit are not acceptable.

2.07 ADDRESSABLE MODULES A. Monitor Module (MM)

(i) MM shall be Fike’s P/N 55-041/045/046/050

(ii) MMs shall provide monitoring of dry contacts as initiating devices.

(iii) Each MM shall store the sensor address and operating characteristics in non-volatile memory at the module.

(iv) An isolation option shall be available.

(v) The MM shall be mounted to a standard junction box and provide visual indication of status via a status LED. Optional mounting shall be available to allow mounting the module(s) in a Module Management System enclosure (MMS).

(vi) Each MM shall monitor normally open or normally closed contacts and shall be programmed for a variety of input types as defined in the programming manual.

B. Supervised Control Module (SCM)

(i) SCMs shall be Fike’s P/N 55-042/047

(ii) Each SCM shall be rated to operate listed notification appliances.

(iii) Circuit shall be rated for 2.0 amps @ 24 VDC.

(iv) An isolation option shall be available.

(v) Each SCM shall store the sensor address and operating characteristics in non-volatile memory at the module.

(vi) Each SCM shall be individually selectable for silencing and walk test. A module programmed to operate during walk test will initiate the programmed pattern for 4 seconds when the appropriate initiating conditions are satisfied.

(vii) Each SCM shall operate under 16 different conditions occurring in the system. These conditions include combining various zones and zone states.

C. Releasing Control Module (RCM)

(i) RCM shall be Fike’s P/N 55-052/053

(ii) Circuit shall be rated for 2.0 amps @ 24 VDC.

(iii) Each module shall store the sensor address and operating characteristics in non-volatile memory at the module.

(iv) The module shall be capable of actuating a listed solenoid or an agent release circuit.

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Technical Specifications TP-12 Police Radio Room Fire Suppression System CIP 71050B

(v) The module shall be protected from false actuation by an intelligent transistor.

(vi) The RCM shall be capable of releasing in one of two modes: 1) Connection to a single compatible solenoid 2) Connection to up to six (6) Agent Release Modules – Fike P/N 101932

D. Relay Module (RM)

(i) Relay module shall be Fike’s P/N 55-043/048

(ii) The module shall provide an independently operating and configurable relay.

(iii) Each relay shall be rated for 2.0 amps @ 30 VDC.

2.08 MANUAL RELEASE (ELECTRIC) A. The electric manual release switch shall be a dual-action device which provides a means

of manually discharging the ProInert2 system when used in conjunction with the Fike Cheetah Xi releasing control system.

B. The Manual Release switch shall be a FIKE P/N 10-1638 or a Manual Pull Station P/N 02-3701.

C. The Manual Release switch or Manual Pull station shall be dual-action device requiring two distinct operations to initiate a system actuation.

D. Manual actuation shall bypass the time delay and abort functions, shall cause the system to discharge and shall cause all release and shutdown devices to operate in the same manner as if the system had operated automatically.

E. A Manual Release or Manual Pull switch shall be located at each exit from the protected hazard and shall have an advisory sign, FIKE P/N 02-10312, provided at each location.

F. The Manual Release or Manual Pull station shall be connected to an addressable monitor module MM which is programmed for the intended function.

2.09 ABORT SWITCH A. The Abort Switch shall be the FIKE P/N 10-1639.

B. The Abort Switch shall be the “Dead Man” type and shall be located next to each manual switch.

C. “Locking” or “Keyed” abort switches shall not be permitted.

D. The Abort Switch station shall include a monitor module to provide for a custom message and device location at the control panel.

E. The Abort Switch provides temporary manual means by which the activation circuit may be interrupted before automatic actuation occurs.

F. The Abort Switch shall be supervised and shall indicate a trouble condition at the Cheetah Xi Control Panel, if depressed, and no alarm condition exists.

G. Each Abort Switch shall be permanently labeled "Abort."

2.10 UNIVERSAL VALVE OPERATOR (UVO) A. Activating the manual push button on the Universal Valve Operator (UVO) shall cause

manual release of agent. Operation of the mechanical manual push button will

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Technical Specifications TP-13 Police Radio Room Fire Suppression System CIP 71050B

immediately start the ProInert2 Fire Extinguishing System discharge, by-passing all other sequences described above.

2.11 AUDIBLE AND VISUAL ALARMS: A. Alarm signal devices shall operate from the fire system control panel.

B. The Alarm Horn/Strobe shall be a FIKE P/N 20-123.

C. The tone of the horn shall be slow pulse for 1st alarm and continuous mode for 2nd alarm and discharge

D. The discharge strobe unit shall be a Fike P/N 20-124.

2.12 CAUTION/ADVISORY SIGNS: A. Provide signs as required to comply with NFPA 2001 and the recommendations of the

clean agent equipment manufacturer.

B. Entrance Caution sign: (1) required at entrance to each protected zone.

C. Manual Discharge sign: (1) required at each manual discharge station.

D. Flashing Light sign: (1) required at each discharge strobe at each exit from a protected zone.

2.13 AUXILIARY PANELS/GRAPHICS: A. System Record Documents Box (SRD)

(i) The system record documents box (SRD) shall be provided to be in compliance with NFPA 72-2013 Section 7.7.2.1. It shall be constructed of 18 gauge cold rolled steel. It shall have a red powder coat epoxy finish. The cover shall be permanently screened with 1” high lettering “SYSTEM RECORD DOCUMENTS” with white indelible ink. The access door shall be locked with a ¾” barrel lock and the hinge shall be a solid width 12” stainless steel piano hinge. The enclosure will supply 4 mounting holes. Inside the enclosure will accommodate standard 8 ½ x 11 manuals and loose document records that will be protected within the enclosure. A legend sheet will be permanently attached to the door for system required documentation, key contacts and system information. The SRD will have securely mounted inside a minimum of 4 Gigabyte digital flash memory drive with a standard USB B connector for uploading and downloading information per NFPA 72-2013 section 7.5.6.7. The drive shall not be accessible without tools to an person whom gains access to the records. The enclosure shall also provide 2 key ring holders with a location to mount standard business type cards for key contact personnel. The SRD shall be the model SSU00689 as manufactured by SPACE AGE Electronics, Inc.

B. Maintenance By-Pass Switch (Service Disconnect Switch)

(i) Shall be located adjacent to the clean agent Cheetah Xi control panel. The maintenance by-pass switch/panel shall have a key-switch which, when operated, will place the Cheetah Xi clean agent control panel in a "TEST" mode without affecting the detection system.

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Technical Specifications TP-14 Police Radio Room Fire Suppression System CIP 71050B

C. Graphic Map

(i) The graphic map shall be a full color image on a white background mounted on rigid backing and laminated. Provide a concealed secured hanging system. The graphic map shall include, but not limited to:

1) Building outline, including address, and adjacent streets. 2) Map shall be to scale. 3) All exterior door and doors exiting the protected room. 4) Fire suppression control panel 5) Compass direction, and the map shall be oriented to the room when mounted.

“You Are Here” shall be indicated 6) Zone area separations and designations. 7) Legend of devices and other symbols. 8) Addresses at each addressable device.

2.14 PRODUCT OPTIONS AND SUBSTITUTIONS

A. SUBSTITUTES

(i) When a definite brand is named, it is to denote the quality standard of the article desired and shall be deemed to be followed by the words “or equal”.

(ii) Contractor shall submit a request for substitution to use any product or manufacturer not specifically named.

B. REQUESTING A SUBSTITUTION DURING BIDDING

(i) During the bid period and not later than 7 calendar days prior to bid opening, City will consider written request from Contractor for substitution of products.

(ii) Include a statement in the transmittal letter, signed by the manufacturer and Contractor that the proposed substitution is in full compliance with the Contract Documents.

(iii) Evaluate the impact of the proposed substitution on other trades, and include impact assessment in the transmittal letter.

(iv) Provide written list of each substitution or deviation.

(v) Provide manufacturers cut sheets for each substitution.

(vi) Provide all other data required by the specifications

C. SUBSTITUTIONS AFTER BID AND DURING CONSTRUCTION

(i) Include with the substitution request, any proposed changes in the Contract Sum or Time should the substitution be accepted.

(ii) Unapproved substitutions shall not be included with shop drawings.

(iii) The City will consider requests only under one or more of the following conditions: 1) Substitution is required for compliance with subsequent interpretation of code

requirements or insurance regulations.

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Technical Specifications TP-15 Police Radio Room Fire Suppression System CIP 71050B

2) Shown or specified item or system cannot be provided within Contract time or becomes

unavailable owing to no fault of Contractor. 3) Subsequent information discloses inability of item(s) or system(s) to perform properly or

to fit in designated space or manufacturer(s) refuse(s) to certify or warrant performance as required.

4) When, in the judgment of the Engineer, a substitution would be substantially in City's best interests in terms of cost (substantial credit), time, or other valuable considerations, after deducting offsetting responsibilities, City may be required to bear, including additional compensation to Engineer for evaluation and redesign services, increased cost or other work by City or separate contractors, and similar considerations.

D. CONSIDERATION OF SUBSTITUTIONS

(i) Substitutions that are equal in quality and utility to those specified will be acceptable, subject to the following provisions and those included in the General and Special Provisions. 1) The Drawings or Specifications do not specifically prohibit substitutions with language

similar to "no substitutions." 2) Provide sufficient amount of data, drawings, samples, tests, literature, or other detailed

information to demonstrate that the proposed substitute is not less than equal in quality, performance and utility to the specified product.

3) Data shall be similar to that specified for the product for which a substitution is proposed and shall be presented in a line by line comparison to facilitate review.

4) A list of changes to other work required to accommodate the substitution.

(ii) Failure to propose the substitution of a product for evaluation in ample time before bid opening or its scheduled installation, or in a format to allow for line by line comparison, shall be deemed sufficient cause for the denial of the request for substitution.

(iii) A substitution submitted by Contractor for any material, product, or equipment for that specified may be subject to such tests as will determine its quality. 1) All handling, testing, and inspection costs pertaining thereto shall be paid by Contractor. 2) All such tests shall be made upon the request of the Engineer.

(iv) Contractor shall pay for any added costs caused by the substitution, including review time and/or services required by Engineer, for improperly submitted substitution requests.

(v) Guarantees and warranties for substituted items shall be equivalent to those for specified items.

(vi) Substitutions or alternate products will not be considered because of Contractor's tardiness in preparing and forwarding required submittals for review by Engineer.

(vii) All substitutes will be accepted by the Engineer, in writing. Substituted products shall not be ordered or installed without written acceptance.

(viii) The Engineer's acceptance shall not relieve Contractor from complying with the requirements of the Contract Documents, and Contractor shall be responsible, at its own expense, for any changes resulting from and subsequently becoming apparent from its proposed substitutions that affect other parts of its own work or the work of other contractors.

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Technical Specifications TP-16 Police Radio Room Fire Suppression System CIP 71050B

PART 3. EXECUTION

3.01 CLEAN AGENT SYSTEM A. Each zone shall have its own supply of clean agent.

B. Multi-zone applications may utilize an optional Selector Valve(s) arrangement.

C. All clean agent cylinder bracing shall meet seismic zone 4 requirements.

D. Each clean agent supply shall be modular in design, and located within the hazard area, or as near as possible, to reduce the amount of pipe and fittings required to install the system.

E. Only Schedule 40 distribution piping and fittings shall be installed in accordance with the manufacturer's requirements and NFPA 2001. To provide reduced installation costs Schedule 80 piping shall not be used. Piping shall be installed by qualified individuals using accepted practices and quality workmanship procedures

F. All piping shall be adequately supported and anchored per the requirements of NFPA 2001, and at all directional changes and nozzle locations.

G. All piping shall be reamed, blown clear and swabbed with suitable solvents to remove burrs, mill varnish and cutting oils before assembly.

H. All male pipe threads shall be sealed with teflon tape pipe sealant, applied in accordance the manufacturer's requirements.

3.02 FIRE SUPPRESSION SYSTEM CONTRACTOR: A. Review all project drawings to become familiar with the items that affect the clean agent

system and consider them in its design.

B. Provide coordination for all interfacing trades to ensure that the clean agent system will operate as engineered.

3.03 SYSTEM & CONTROL WIRING: A. All fire suppression system wiring, in this section, shall be furnished and installed by the

fire suppression system contractor.

B. All wiring shall be installed in electrical metallic tubing (EMT) or conduit.

C. All system components shall be securely supported independent of the wiring. Runs of conduit and wiring shall be straight, neatly arranged, properly supported, installed parallel and perpendicular to walls and partitions.

D. The sizes of the conductors shall be those specified by the manufacturer. Color codes shall be used – see drawings.

E. All wires shall be tagged at all junction points and shall be free from grounds and crosses between conductors.

F. Final connections between equipment and the system wiring shall be made under the direct supervision of a factory-trained representative.

G. All wiring shall be installed by qualified individuals, in a neat and workman like manner, to conform to the National Electrical Code, Article 725, for Class 1 Signal Systems, except as otherwise permitted for limited energy circuits, as described in NFPA 72 . Wiring installation shall meet all State and local codes.

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Technical Specifications TP-17 Police Radio Room Fire Suppression System CIP 71050B

H. The complete system electrical installation, and all auxiliary components, shall be grounded in accordance with the National Electrical Code.

3.04 TESTING Fire suppression system contractor shall coordinate field test with other trades to verify proper field operation.

A. System Functional Testing – Preliminary Tests

(i) After the system installation has been completed, the entire system shall be checked out, inspected and functionally tested by qualified, trained personnel, in accordance with the manufacturer’s recommended procedures and NFPA standards. This test shall be conducted prior to the acceptance test with the approving authorities. This shall include:

(ii) Piping distribution, size and nozzle type, size, and cylinder location, type, size and fill shall match the drawings and clean agent flow calculations.

(iii) Check that all pipe, nozzles and tanks are securely fastened.

(iv) All containers and distribution piping shall be checked for proper mounting and installation.

(v) The ProInert2 clean agent pipe shall be pneumatically tested (Pressure Test) in a closed circuit, at a 40 psig. At the end of ten minutes, the pressure drop shall not exceed 20% of test pressure.

(vi) A puff test using nitrogen (Flow Test), or other compressed air shall be performed on the entire piping network to verify that flow is continuous and that piping nozzles are unobstructed. Styrofoam cups are to be placed over each nozzle that will easily blow off when a compressed gas (i.e. air/nitrogen) pressure reaches the nozzles.

(vii) All electrical wiring shall be tested for proper connection, continuity and resistance to ground.

(viii) The complete system shall be functionally tested and all functions, including system and equipment interlocks, must be operational at least five (5) days prior to the final acceptance tests.

(ix) Each detector shall be tested in accordance with the manufacturer's recommended procedures, and test values recorded.

(x) All system and equipment interlocks, such as door release devices, audible and visual devices, equipment shutdowns, local and remote alarms, etc. shall be tested to function as required and designed.

(xi) Each control panel circuit shall be tested for trouble by inducing a trouble condition into the system.

B. Acceptance Tests:

(i) All testing shall be in accordance with NFPA guidelines.

(ii) This test shall be performed with the approving authority present.

(iii) Entire control system functional test. This includes testing each and every device in the system to prove that it works properly. This includes all detectors, manual release stations, alarms, aborts, and maintenance switches, etc.

(iv) All circuits shall be tested.

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Technical Specifications TP-18 Police Radio Room Fire Suppression System CIP 71050B

(v) Shut downs are working as intended, including, HVAC and power shutdowns.

(vi) If room pressurization testing is not possible or desirable, a full discharge test may be conducted to determine that the desired level of oxygen is maintained within the protected area for a period of ten (10) minutes. This test shall be performed with a calibrated oxygen meter instrument.

(vii) Room Pressurization Test: 1) A room pressurization test shall be conducted (one preliminary and one final

test), in each protected space, to determine that the room will contain and maintain the clean agent system concentration levels for the required amount of time.

2) The test(s) shall be conducted using the Retrotec door fan system, or equivalent, with integrated computer program.

3) If room pressurization testing indicates that openings exist which would result in leakage and/or loss of the ProInert2 clean extinguishing agent, the installing contractor shall be responsible for coordinating the proper sealing of the protected space(s) by City. The installing contractor shall inspect all work to ascertain that the protected space(s) have been adequately and properly sealed. If the first room pressurization test is not successful, in accordance with these specifications, the installing contractor shall perform one retest at no additional cost to City. Subsequent tests, if required, will be performed and the additional costs shall be authorized as a change order. Copies of successful test results shall be submitted to the City for record.

(viii) Upon acceptance by the City, the completed ProInert2 clean agent system shall be placed in normal service. Until that time, a tag indicating that the system is not in operation shall be placed on each clean agent cylinder and the fire system control panel.

3.05 TRAINING REQUIREMENTS: A. After final acceptance, the installing contractor shall provide operational training to each

shift of the City’s personnel. Each training session shall include system control panel operation, manual and abort functions, trouble procedures, auxiliary functions and emergency procedures.

3.06 CLOSE OUT DOCUMENTS A. Operation and Maintenance Manuals

(i) Prior to final acceptance, provide complete operation and maintenance instruction manuals.

(ii) All aspects of the system operation and maintenance shall be detailed, including piping isometrics, wiring diagrams of all circuits, a written description of the system design and sequence of operation, drawing(s) illustrating control logic and equipment used in the system. Checklists and procedures for emergency situations, troubleshooting techniques and maintenance operations and procedures shall be included in the manual.

(iii) Data sheets on each component included on the system. The part numbers and options included shall be indicated on the data sheets, on a separate chart, or reference to the drawings.

(iv) Provide four (4) copies and in electronic format to the City.

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Technical Specifications TP-19 Police Radio Room Fire Suppression System CIP 71050B

B. As-Built Drawings

(i) Upon completion of each system, the installing contractor shall provide four (4) copies of system "As-Built" drawings to the City. The drawings shall show actual installation details including all equipment locations (i.e.: control panel(s), agent container(s), detectors, alarms, manuals and aborts, etc.) as well as piping and conduit routing details.

(ii) Four (4) copies for each system and in electronic format, to the City.

3.07 WARRANTY: A. All system components furnished under this contract shall be guaranteed against defect

in design, material and workmanship for the full warranty time which is standard with the manufacturer and/or supplier, but in no case less than one year from the date of system acceptance.

B. Discharge & Sustainability Warranty: Manufacturer shall warrant for a period of 20 years after original installation of an approved ProInert2 clean agent fire suppression system and is subject to service and registration requirements below that 1.) In the event of an accidental discharge or a discharge in the course of a fire event, Manufacturer will replace the ProInert2 (IG-55) agent free of charge. Excluded from this warranty is the cost of any service fees, refilling fees, transportation, system commissioning or re-commissioning discharge test. 2.) Manufacturer’s ProInert2 agent, IG-55, will not be restricted from use in fire protection due to its Ozone Depletions Potential (ODP) or Global Warming Potential (GWP). In the event that a regulation is enacted, after purchase and installation of a new system using ProInert2 IG-55 from Manufacturer, that prohibits the use of this agent for fire protection, Manufacturer will replace the agent with one that meets the new environmental regulations or refund the original purchase price of the agent.

End of Specification # 212216

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Page 130: TABLE OF CONTENTSindependent FIRE SUPPRESSION system for radio equipment rooms in the police building. Comply with all requirements for a City building permit (no cost for permit)

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Page 131: TABLE OF CONTENTSindependent FIRE SUPPRESSION system for radio equipment rooms in the police building. Comply with all requirements for a City building permit (no cost for permit)

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Page 132: TABLE OF CONTENTSindependent FIRE SUPPRESSION system for radio equipment rooms in the police building. Comply with all requirements for a City building permit (no cost for permit)

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ARCHITECTSINC

ArchitecturePlanning

InteriorDesign

2333

HarrisonStreet

OaklandCA

94612

Tel

510

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510

8323022

DESIGNERDRAFTER

DateJobNoDrawnCheckedApproved

torthe

owner

Approvedby

the

architect

No

nr

Newunn

i

rim111110P11

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SacramentoLi

CaliforniaPROJECTNO

5

August1994

MWM

1183252

Revision

Date

Cityof

TracyPolice

Facility

C

I

P

9

1

0

0

9

5

2

SheetNo

CONTROLSM51BID

SETCapitalEngineeringConsultants

Inc

Page 133: TABLE OF CONTENTSindependent FIRE SUPPRESSION system for radio equipment rooms in the police building. Comply with all requirements for a City building permit (no cost for permit)
Page 134: TABLE OF CONTENTSindependent FIRE SUPPRESSION system for radio equipment rooms in the police building. Comply with all requirements for a City building permit (no cost for permit)

PROINERT GENERALNOTES, LEGEND AND BILL

OF MATERIALS

FP0.1

SCOPE OF WORK

ELECTRICAL NOTES:

AREA OF WORK

SHEET INDEX

PROINER GENERAL NOTES, LEGEND AND BILL OF MATERIALS

PROINERT CEILING DETECTION / CONTROLS LAYOUT AND ELEVATION DETAIL

CONTROL PANEL / SINGLE LINE DIAGRAMS & BATTERY CALCULATIONS

PROINERT INSTALLATION DETAILS

PROINERT MULTIPLE CYLINDER INSTALLATION DETAIL

FP0.1

FP1.0

FP2.0

FP3.2

1. ALL WIRING MUST COMPLY WITH ARTICLES 760 AND 310 OF THE NATIONAL ELECTRICALCODE. ALL SYSTEM WIRING SHALL BE A MINIMUM #14 AWG THHN 600V STRANDED,NON-SHIELDED, COPPER, COLOR CODED & LABELED UNLESS OTHERWISE NOTED.SYSTEM WIRING TO BE IN DEDICATED CONDUIT SYSTEM SIZED IN ACCORDANCE WITH THENEC, OR SITE SPECIFICATIONS.

2. THE CONTROL PANEL SHALL BE WIRED TO A 120 VAC 3 WIRE DEDICATED 20 AmpCIRCUIT BREAKER, MIN. #12 AWG SHALL BE USED. THE CIRCUIT BREAKER SHALL BEMECHANICALLY PROTECTED AND LOCKED IN THE "ON" POSITION. CIRCUITDISCONNECTING MEANS SHALL HAVE A RED MARKING, ACCESSIBLE BY AUTHORIZEDPERSONNEL ONLY AND BE PERMANENTLY IDENTIFIED IN ELECTRICAL PANEL AS "FIREALARM".

3. POWER LIMITED AND NON POWER LIMITED CIRCUITS SHALL BE RAN IN SEPARATERACEWAYS.

4. ALL CIRCUITS SHALL BE SUPERVISED, THEREFORE NO PARALLEL BRANCHING ORT-TAPPING OF DEVICES ALLOWED FOR CONVENTIONAL SYSTEMS. T-TAPPING ON ANALOGADDRESSABLE LOOPS OR 24 VOLT DC CIRCUITS IS ALLOWED BUT SHALL BE KEPT TO AMINIMUM.

5. EXACT CONDUIT ROUTING AND ATTACHMENT METHODS SHALL BE FIELD DETERMINEDAND NOTED ON AS-BUILTS .

6. ALL WIRING SHALL BE COLOR CODED AND LABELED.

7. POLARITY OF ALL CIRCUITS MUST BE OBSERVED.

8. RED-LINED "AS-BUILT" SHOWING EXACT CONDUIT ROUTING, CIRCUIT WIRING, INSTALLEDCOLORS, AND DEVICE WIRING SHALL BE KEPT BY INSTALLING ELECTRICIANS ANDSUBMITTED TO ITSI WHEN INSTALLATION IS COMPLETE.

9. REVIEW PROJECT ELECTRICAL SPECIFICATIONS PRIOR TO INSTALLATION.

10. CEILING SMOKE DETECTORS SHALL BE CENTERED IN CEILING TILES WHEN POSSIBLE.

11. SMOKE DETECTORS SHOULD NOT BE LOCATED WITHIN 3'-0" OF ANY AIR REGISTER.

12. ALL AUDIBLE/VISUAL DEVICES SHALL BE MOUNTED AT A HEIGHT OF 80" MIN. ABOVEWALKING SURFACE.

13. LOCATE ALL DEVICES PER MANUFACTURER'S RECOMMENDATIONS AND NFPA 72 &NFPA 2001.

14. ALL OUTSIDE FIRE ALARM DEVICES SHALL BE LISTED FOR OUTDOOR USE ORPROTECTED BY AN APPROVED WEATHERPROOF ENCLOSURE. ALL OUTSIDE FIRE ALARMDEVICE ENCLOSURES SHALL HAVE TAMPER PROOF SCREWS.

15. CONNECTIONS / WIRING SERVING THE EXISTING LIFE SAFETY SYSTEM, TO BE REMOVEDCOMPLETELY BACK TO SOURCE.

BUILDING FLOOR PLAN / AREA OF WORK 2ND FLOOR

NOT TO SCALE

DESCRIPTIONSHEET

GENERAL NOTES:

4. THE PROINERT SYSTEM SHALL BE DESIGNED AND TESTED IN ACCORDANCE WITHTHE NFPA 2001, STANDARD ON CLEAN AGENT FIRE SUPPRESSION EXTINGUISHINGSYSTEMS.

5. ENCLOSURE TESTING SHALL BE DONE IN ACCORDANCE WITH THE NFPA 2001,APPENDIX "B" (DOOR FAN TEST). ALL OTHER TESTING SHALL BE DONE INACCORDANCE WITH NFPA 72.

7. ITEMS WHICH MUST BE COMPLETED PRIOR TO AN ACCEPTABLE ROOMINTEGRITY TEST ARE AS FOLLOWS:

A. ALL AIR HANDLING EQUIPMENT WITHIN THE PROINERT PROTECTED AREA MUSTSHUTDOWN AUTOMATICALLY UPON SYSTEM ALARM. WIRING AND CONDUIT TO THEPROINERT CONTROL PANEL FOR THIS FUNCTION SHALL BE PROVIDED ANDINSTALLED BY ELECTRICAL CONTRACTOR.

B. LOCAL CODES MAY REQUIRE POWER TO THE PROINERT PROTECTED AREA TOAUTOMATICALLY SHUTDOWN UPON SYSTEM ALARM. IF THIS FUNCTION ISREQUIRED, THE CONDUIT AND WIRE TO THE PROINERT CONTROL PANEL SHALL BEPROVIDED AND INSTALLED BY THE ELECTRICAL CONTRACTOR. C. ALL DOORS MUST BE SELF-CLOSING AND BE EQUIPPED WITH DOOR SWEEPSAND SEALS (THESE ARE PROVIDED AND INSTALLED BY THE CITY OF TRACY). THIS ISTO PREVENT LOSS OF AGENT AFTER A DISCHARGE.

D. ALL CABLE AND PIPE PENETRATIONS AS WELL AS ANY OTHER OPENINGS WHICHWOULD CAUSE LOSS OF AGENT, MUST BE SEALED BY THE CITY OF TRACY.

8. ALL WALLS WITHIN ZONES SHALL BE BUILT WITH ALL PENETRATIONS SEALED.CEILING TILES AROUND DISCHARGE NOZZLES SHALL BE SECURED WITH CLIPS.

9. CONTRACTOR OR CLIENT TO PROVIDE ADEQUATE VENTING AND CONSTRUCTIONPER FREE VENT CALCULATIONS. REFER TO THE PROINERT FLOW CALCULATION INSUBMITTAL BINDER OR DESIGN DATA CHART.

1. THE SYSTEM SHALL BE A TOTAL FLOOD PROINERT FIRE EXTINGUISHING SYSTEMUTILIZING IG-55 FIRE EXTINGUISHING AGENT. IG-55 IS AN INERT GAS MIXTURECONSISTING NOMINALLY OF 50% ARGON AND 50% NITROGEN.

2. THE PROINERT SYSTEM SHALL PROVIDE A MINIMUM DESIGN CONCENTRATIONOF 39.3%, BY VOLUME, IN ALL AREAS AND/OR PROTECTED SPACES, AT THEMINIMUM ANTICIPATED TEMPERATURE WITHIN THE PROTECTED AREA. PER NFPA2001, THE SYSTEM DESIGN SHALL NOT EXCEED A MAXIMUM EXPOSURE LIMITCONCENTRATION LEVEL OF 43%, BY VOLUME, UNLESS PROVISIONS FOR ROOMEVACUATION, BEFORE AGENT RELEASE, ARE PROVIDED. ALL PERSONNEL SHOULDBE ABLE TO LEAVE THE PROTECTED SPACE PRIOR TO THE DISCHARGE OR ATLEAST WITHIN 5 MINUTES OF THE COMMENCEMENT OF DISCHARGE.

3. THE SYSTEM SHALL BE COMPLETE IN ALL WAYS. IT SHALL INCLUDE ALLMECHANICAL AND ELECTRICAL INSTALLATION, ALL DETECTION AND CONTROLEQUIPMENT, AGENT STORAGE CYLINDERS, IG-55 AGENT, SYSTEM ACTUATIONEQUIPMENT, DISCHARGE NOZZLES, PIPE AND FITTINGS, MANUAL RELEASE ANDABORT STATIONS, AUDIBLE AND VISUAL ALARM DEVICES, AUXILIARY DEVICES ANDCONTROLS, SHUTDOWNS, ALARM INTERFACE, CAUTION/ ADVISORY SIGNS,FUNCTIONAL CHECKOUT AND TESTING, TRAINING AND ALL OTHER OPERATIONSNECESSARY FOR A FUNCTIONAL U.L. LISTED AND/OR F.M. APPROVED PROINERTSYSTEM.

6. THE CONTRACTOR SHALL BE RESPONSIBLE FOR SEALING AND SECURING THEPROTECTED SPACES AGAINST AGENT LOSS AND/OR LEAKAGE DURING THE 10MINUTE “HOLD” PERIOD.

10. PROVIDE SIGNS, AS REQUIRED, TO COMPLY WITH NFPA 2001 AND THERECOMMENDATIONS OF THE PROINERT EQUIPMENT SUPPLIER:

DESCRIPTIONQTYITEM PART NONOZZLE

1 80 LITER CYLINDER W/ 572.3 cu.ft. (MASTER CYLINDER)IG71-103-200-55

COMPLETER KIT (PRIMARY ELECTRIC)IG71-112-200-55-PE

80 LITER CYLINDER W/ 572.3 cu.ft.IG71-103-200-55

COMPLETER KIT (SECONDARY PNEUMATIC)IG71-112-200-55-SP

101 180° - DISCHARGE NOZZLEIG71-210-04040

CAUTION "EXIT" SIGN

CAUTION "DO NOT ENTER" SIGN

SYSTEM " RELEASE" SIGN

SYSTEM "ABORT" SIGN

02-11776

02-11777

02-11778

SUPERIOR

201 180° - DISCHARGE NOZZLEIG71-209-03970

301 180° - DISCHARGE NOZZLEIG71-209-02900

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C.S.F.M.DESCRIPTIONQTYBACK BOXITEM MFG P/NFIKE P/N

55-043 RELAY MODULE4S DEEP

55-042 CONTROL MODULE4S DEEP

55-045 MINI MONITOR MODULEMMM 4S DEEP 7300-2010:0101

SCM

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63-1052 PHOTO DETECTORBASE 7272-2010:0100

63-1054 6" DETECTOR BASE 7300-0900:01384S DEEP W/3-0 RING

7300-2010:0101

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55-052 RELEASE CONTROL MODULE4S DEEPRCM 7300-0900:0143

7150-0900:014420-1343R

6760-0900:010310-1639A

4S DEEP

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FSCP

MANUAL RELEASE SWITCH

SYSTEM ABORT SWITCH

55-041 MONITOR MODULEMM 4S DEEP 7300-2010:0101

12V / 12 AH SEALED LEAD ACID BATTERY

20-1502 GESR24PWW SELECTABLE CANDELA ALARM DISCHARGE STROBE (WHITE) RED4S DEEP 7135-0569:0136

20-123-TRIM-W AGENT-WHT ALARM HORN/STROBE "AGENT" BEZEL (WHITE)

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SHEET:

Designer:

C-5687

Sales:

Project Mgr:

THOMAS BRADY

MIKE KICHIN

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FP3.1

FP3.0 PROINERT GENERAL PIPING NOTES, PIPING FLOOR PLAN & PIPING ISOMETRICS

SUPPLY AND INSTALL A COMPLETE CLEAN AGENT SYSTEM. SYSTEM SHALL INCLUDE THEINSTALLATION OF AN ADDRESSABLE CONTROL PANEL, AREA SMOKE DETECTION, MANUALCONTROL DEVICES, AUDIBLE / VISUAL NOTIFICATION DEVICES, AGENT STORAGECYLINDER(S), AND DISCHARGE PIPING.

PANEL SHALL BE CONNECTED TO THE MAIN BUILDING F.A.C.P.

BUILDING DATA

TRACY FIRE DEPARTMENTAHJ:

POLICE STATION

II

FULLY SPRINKLERED THROUGHOUTUSE:FIRE PROTECTION:

CONSTRUCTION:

B, A, I, SOCCUPANCY:

APPLICABLE CODES AND STANDARDS:

ADA AMERICANS DISABILITIES ACTHEALTH & SAFETY CODE

CALIFORNIA CODE OF REGULATIONS (CCR), TITLE 192013 CALIFORNIA BUILDING CODE (CBC) WITH LOCAL AMENDMENTS 2013 CALIFORNIA ELECTRICAL CODE (CEC) WITH LOCAL AMENDMENTS 2013 CALIFORNIA MECHANICAL CODE (CMC) WITH LOCAL AMENDMENTS 2013 CALIFORNIA FIRE CODE (CFC) WITH LOCAL AMENDMENTS 2013 NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) 72 WITH LOCAL AMENDMENTS 2012 NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) 2001 WITH LOCAL AMENDMENTS

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3

CONTROL MATRIX BILL OF MATERIALS

PROJECT DATA:

TRACY POLICERADIO EQUIPMENT ROOM

PROINERT (IG-55) CLEAN AGENTFIRE SUPPRESSION SYSTEM

MMS MODULE MANAGEMENT SYSTEM MMS 1

SINGLE ROW TANK MOUNTING HARDWARE IG71-016-003 1

BRACED SINGLE BRACKET, 12", ZINC PLATED B494-12 ZN 3

Page 135: TABLE OF CONTENTSindependent FIRE SUPPRESSION system for radio equipment rooms in the police building. Comply with all requirements for a City building permit (no cost for permit)

BO CEILING

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FSP

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MANUAL RELEASE

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5'-10"

6'-8"R A

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4'-0"

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153 sq.ft.RADIO ROOM 225CLNG 9'-0" ARF

79 sq.ft.UPS ROOM 231CLNG 9'-0" ARF

145 sq.ft.ANNEX ROOM 224CLNG 9'-0" ARF

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PROINERT CEILINGDETECTION / CONTROLSLAYOUT AND ELEVATION

DETAIL

FP1.0

DETECTION AND CONTROLS LAYOUT

1/4" = 1'-0"

TYPICAL DEVICE ELEVATIONS / BUILDING SECTION

SCALE" 1/2" = 1'-0"NOTES:

1. FIELD INSTALLER TO DETERMINE ANCHORING TYPE & BRACING POINTS.2. ALL DEVICES BELOW T-BAR TO BE FLUSH MOUNTED WHEN POSSIBLE.3. FOR CEILING HEIGHTS UNDER 86" ,TOP OF DEVICE TO BE 6" BELOW CEILING)4. ELEVATIONS SHOWN ARE FOR EQUIPMENT BACK BOXES.

SYSTEM OPERATION SIGNS

SIGNS SHALL BE PLACED BY ALL DEVICES & ENTRIES INTO PROTECTED AREAS.

CAUTION

THIS AREA IS PROTECTED BY A PROINERT(IG-55) EXTINGUISHING SYSTEM

WHEN ALARM SOUNDS OR UPON AGENTDISCHARGE EXIT AREA IMMEDIATELY DO NOT RE-ENTER UNTIL ROOM HAS

BEEN VENTILATED

CAUTION

THIS AREA IS PROTECTED BY A PROINERT(IG-55) EXTINGUISHING SYSTEM

DO NOT ENTER AREA DURINGOR AFTER DISCHARGE

AREA MUST BE VENTILATEDBEFORE ENTERING

PROINERT (IG-55)

EXTINGUISHING

SYSTEM RELEASE

PROINERT (IG-55)

ABORT PUSH BUTTON

AND HOLD

CONDUCTOR DESCRIPTION

CLASS "B"N

:

:

+ :

NOTIFICATION APPLIANCE CIRCUIT (POWER LIMITED NAC)

24 VOLT DC AUXILIARY OUTPUT CIRCUIT (NON-POWER LIMITED) OUT GOING AND RETURN CONDUCTORS ( IN & OUT)

A

CLASS "B"R : SUPERVISED RELEASING CIRCUIT (POWER LIMITED)

C : EQUIPMENT CONTROL INTERFACE (NON POWER LIMITED)

CLASS "B"S : ADDRESSABLE SIGNALING LINE CIRCUIT (POWER LIMITED SLC) CLASS "B"D : INITIATING DEVICE CIRCUIT (POWER LIMITED IDC)

UN-SUPERVISED

#14 AWGTWO THHNA1 24 VOLT AUXILIARY CKT. 1

TYPESIZECONDUCTORDESCRIPTIONSYM

THHN

THHNS1

TWO

TWO

R1 RELEASING MODULE (UVO) CKT #14 AWG

#14 AWG SLC ADDRESSABLE LOOP-1 CKT.

N1

NAC ALARM HORN/STROBE - STROBE CKT THHNTWO #14 AWG

THHNTWO #14 AWG

#14 AWGTWO THHNA2 24 VOLT AUXILIARY CKT. 2

COMMENTS

NAC ALARM HORN/STROBE - HORN CKT THHNTWO #14 AWGTWO

NAC DISCHARGE STROBE CKT

RED/BLACK

WHITE/PURPLE

BLUE / YELLOW

BROWN / ORANGE

BROWN / ORANGE

PN1

PN2 GREEN / PINK

GREEN / PINK

#14 AWGTWO THHNPS LOW PRESSURE SWITCH BLUE / BLUE

AutoCAD SHX Text
TOILET
AutoCAD SHX Text
BREAK 226
AutoCAD SHX Text
SUPERVISOR
AutoCAD SHX Text
TRAINING 223
AutoCAD SHX Text
227
AutoCAD SHX Text
229
AutoCAD SHX Text
S1,R1,PS,PN1,PN2,N1
AutoCAD SHX Text
S1,R1,PS,PN1,PN2,N1
AutoCAD SHX Text
S1,R1,PS,PN1,PN2,N1
AutoCAD SHX Text
+S1,+PN1,+PN2,+N1
AutoCAD SHX Text
S1,PN1,PN2,N1
AutoCAD SHX Text
S1,R1,PS,PN1,PN2,N1
AutoCAD SHX Text
S1,R1,PS,PN1,PN2,N1
AutoCAD SHX Text
S1,PN1,PN2,N1
AutoCAD SHX Text
S1,PN1,PN2,N1
AutoCAD SHX Text
S1,R1,PS,PN1,PN2,N1
Page 136: TABLE OF CONTENTSindependent FIRE SUPPRESSION system for radio equipment rooms in the police building. Comply with all requirements for a City building permit (no cost for permit)

FP2.0

BATTERY CALCULATIONSVOLTAGE DROP

CONTROL PANEL /SINGLE LINE DIAGRAMS &BATTERY CALCULATIONS

NOT TO SCALE

SINGLE LINE DIAGRAM

A1S1PN2PN1

CHEETAH XI 50 CONTROL PANEL

120V / 20 AMPDEDICATED CIRCUIT.

MONITORING

SHUTDOWNS

WIRE & CONDUIT BY-OTHERS

NOTES:

1) THE INFORMATION SHOWN ON THIS DRAWING IS FOR REFERENCE PURPOSES ONLY. ITS INTENTIS TO PROVIDE INFORMATION OF CONDUCTOR DESIGNATIONS TO FIELD DEVICES. ACTUALCONDUIT ROUTING, CONDUIT SIZE, CIRCUIT DIVISION, AND DEVICE LOCATIONS SHALL BE FIELDDETERMINED.

2) NO PENETRATIONS 8" FROM BOTTOM OF PANEL.

RCM SCM

N1

PN

1 E

OL

N1

EO

L

R1

PR

OIN

ER

T

UVO

S1S1EOLTYP 2

MMM R

A

TYP 1TYP 1

D

S1S1

CEILING

TYP 2S1

MMM R

A

TYP 1TYP 1

D

S1S1

CEILING

S1

PR

OJE

CT

:

TH

IS D

RA

WIN

G C

ON

TA

INS

CO

NF

IDE

NT

IAL

PR

OP

RIE

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RY

INF

OR

MA

TIO

N O

F IN

TE

LLIG

EN

T T

EC

HN

OLO

GIE

S &

SE

RV

ICE

S, I

NC

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LL R

IGH

TS

AR

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XP

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SS

LY R

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ER

VE

D.

IT IS

SU

BM

ITT

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UN

DE

R A

TR

US

T R

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TIO

NS

HIP

FO

R Y

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ON

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SIG

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PO

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UE

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.

PROJECT NO.

SHEET TITLE:

SHEET:

Designer:

C-5687

Sales:

Project Mgr:

THOMAS BRADY

MIKE KICHIN

REV DESCRIPTION DATE

TR

AC

Y P

OLI

CE

RA

DIO

EQ

UIP

ME

NT

RO

OM

1000

CIV

IC C

ENTE

R P

LAZA

, TR

AC

Y, C

A

TYLER ZABOSKI

N:\1

-Eng

inee

ring

Pro

ject

s\56

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700\

C56

87 T

RA

CY

PO

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E\P

lans

and

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\RE

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2.0.

dwg

TB

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4/23

/201

5 7:

08 A

MFI

LE L

OC

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ON

: E

DIT

ED

BY

:LA

ST

MO

DIF

IED

:

CLIENT

THE CITY OF TRACY

1000 CIVIC CENTERPLAZA, TRACY, CA

CHEETAH XI 50 CONTROL PANEL

N.T.S.

TYP 2

CEILING

ROOM 224

ROOM 225

S1

S1

MMM R

TYP 1TYP 1

D

S1S1ROOM 231

A

-

--

P9

JTAG

GND

-

+

++

P1024V

NONC

P5P4

+

F2 BATT 15A

AU

X#2

F4

4A

SW20 PCUSB

P3P2CAUX#1 F3 4A

P6

DACT

PER

24V

24V AC BATTERYSecondary

F1 AC 15A

RELAY 1 RELAY 2 TROUBLE

NAC #2

24V

10-2615 REV 02-11544 REV

VESDA PERIPHERAL

NONCC NONCC

P8

NAC #1

P7

ADDRLOOP

STEP SUPERV

STEP ALL

F1

STEP ALARM

DRILL ACKNOWLEDGE SILENCE

50 POINT PANEL

ITSI

08 : 00 : 00A 03 / 01 / 2005

AL : 000 SU : 000 TR : 000

RESET

STEP SUPERV

STEP ALL

AC POWER ALARM TROUBLE SUPERVISORY SILENCE

PREDISCHARGE RELEASE DISABLE ABORT GROUND FAULT

F3

F5 F6

F4

F2

ENTER

ESCAPE

STEP ALARM

-

--

+

++

-

--

+

++

-

+

-

+

-

+

-

+

X-FO

RM

ER

120

VAC

H2

H1

X1

X2

120VAC @ 2A

SUPERVISEDPOWER INPUT

50/60 HZ208/240VAC @ 2A

H

N

G

GROUNDCHASSIS

12 VOLTSEALED LEAD ACID BATTERY

12 VOLT

BY-OTHERS

1.2 K NAC (PN2) STROBES

1.75A MAXIMUM

1.2 K NAC (PN1) HORN/STROBES

1.75A MAXIMUM

SLC-1 (S1) TO ADDRESSABLE

24 VOLT AUX-2 (V2) TO

24 VOLT AUX-1 (V1) TO

SUPERVISORY ( LOW PRESSURE SWITCH)

COMMON TROUBLE

COMMON ALARMTO BUILDING F.A.C.P.

FIELD DEVICES

TO BUILDING F.A.C.P.

TO BUILDING F.A.C.P.

1.75A MAXIMUM

SEALED LEAD ACID BATTERY

P1

CONDUCTOR DESCRIPTION

CLASS "B"N

:

:

+ :

NOTIFICATION APPLIANCE CIRCUIT (POWER LIMITED NAC)

24 VOLT DC AUXILIARY OUTPUT CIRCUIT (NON-POWER LIMITED) OUT GOING AND RETURN CONDUCTORS ( IN & OUT)

A

CLASS "B"R : SUPERVISED RELEASING CIRCUIT (POWER LIMITED)

C : EQUIPMENT CONTROL INTERFACE (NON POWER LIMITED)

CLASS "B"S : ADDRESSABLE SIGNALING LINE CIRCUIT (POWER LIMITED SLC) CLASS "B"D : INITIATING DEVICE CIRCUIT (POWER LIMITED IDC)

UN-SUPERVISED

#14 AWGTWO THHNA1 24 VOLT AUXILIARY CKT. 1

TYPESIZECONDUCTORDESCRIPTIONSYM

THHN

THHNS1

TWO

TWO

R1 RELEASING MODULE (UVO) CKT #14 AWG

#14 AWG SLC ADDRESSABLE LOOP-1 CKT.

N1

NAC ALARM HORN/STROBE - STROBE CKT THHNTWO #14 AWG

THHNTWO #14 AWG

#14 AWGTWO THHNA2 24 VOLT AUXILIARY CKT. 2

COMMENTS

NAC ALARM HORN/STROBE - HORN CKT THHNTWO #14 AWGTWO

NAC DISCHARGE STROBE CKT

RED/BLACK

WHITE/PURPLE

BLUE / YELLOW

BROWN / ORANGE

BROWN / ORANGE

PN1

PN2 GREEN / PINK

GREEN / PINK

#14 AWGTWO THHNPS LOW PRESSURE SWITCH BLUE / BLUE

DIS

CH

AR

GE

RE

LAY

D

PO

WE

R S

HU

TDO

WN

(IF

RE

QU

IRE

D)

S1

RM

PR

E-D

ISC

HA

RG

E R

ELA

Y D

AM

PE

RS

D

/ HVA

C S

HU

TDO

WN

(IF

RE

QU

IRE

D)

S1

RM

S1

MM

PS

PS

MMS

Page 137: TABLE OF CONTENTSindependent FIRE SUPPRESSION system for radio equipment rooms in the police building. Comply with all requirements for a City building permit (no cost for permit)

ELECTRICALINSTALLATION DETAILS &

MODULE ENCLOSURE

FP2.1

SUSPENDED CEILING DETECTOR

N.T.S.

BOX HANGER

NOTE: DETECTORS SHALL BEPLACED 3'-0" FROM ALL AIRDIFFUSERS

SUSPENDED CEILING

FLEX CONDUIT

4X4 J-BOX

DETECTOR HEAD

DETECTOR BASE

3-0 EXTENSION RING

N.T.S.ABORT STATIONS

BLOCK A

20K E.O.L.

TERMINAL

TO "D4" CKT.

MOUNTING:4s DEEP SQUARE BOXW/ DOUBLE GANG RING

ALARM HORN / STROBE DETAIL

N.T.S.

BACK BOX: 4s" DEEPSQUARE BOX

S+S+S-H+H-

STROBE CKT

HORN CKT

DIP SWITCH 1,2,& 3 TOBE IN DOWN POSITIONFOR SEPARATION OFSTROBE AND HORN

INOUT

INOUT

+

-

-

+

+

-

-

+

+

-

14

13

78

91

01

11

2

12

34

56

TOP

ADDRESSLOOP

24V IN24V OUT

LOOP ADDRESS

65

43

21

12

11

10

98

71

31

4

TOP

NCCNO

NC C NO

CONTACT

RELAY R1

55-041 MONITOR MODULE N.T.S.MM INTERFACE

-+

LOOP ADDRESS

TOP

65

43

21

12

11

10

98

71

31

4

+-

39K EOL

DEVICE

55-043 RELAY MODULE

RM INTERFACE

4S BOXMOUNTING PLATE

UNSUPERVISED DRY

CONTACT INPUT

1. MAXIMUM WIRE SIZE FOR TERMINALS IS #14 AWG.2. THE INPUT CIRCUIT IS INTENDED FOR USE WITH ANY LISTED/APPROVED CONTACTCLOSURE TYPE DEVICE. NORMALLY OPEN CONTACTS ONLY. 100 ohm MAX LINEIMPEDANCE, POWER LIMITED, SUPERVISED. 2500' MAX LENGTH.3. FOR PROPER SUPERVISION, 39K EOL RESISTOR MUST BE INSTALLED ATMONITORED DEVICE.

1. MAXIMUM WIRE SIZE FOR TERMINALS IS #14 AWG.2. NOTIFICATION CIRCUIT IS RATED FOR 30VDC @ 2A MAX.POWER LIMITED,SUPERVISED.100 OHMS LINE IMPEDANCE MAXIMUM.3.39K E.O.L. RESISTOR MUST BE INSTALLED AT LAST DEVICE ON CIRCUIT FOR PROPERSUPERVISION.

55-042 CONTROL MODULE N.T.S.SCM INTERFACE

N.T.S.

SLC IN SLC OUTCONTACT

RELAY R2

1. MAXIMUM WIRE SIZE FOR TERMINALS IS #14 AWG. FORM C DRY CONTACTS ARERATED FOR 2.0A MAX @ 30VDC., OR 0.5A MAX @ 110VAC.2. MAY CONNECT TO POWER-LIMITED OR NON-POWER LIMITED SOURCES, IF BOTH ONSAME TERMINAL BLOCK, ONE TERMINAL MUST BE LEFT VACANT TO PROVIDEREQUIRED SEPARATION BETWEEN SOURCES.

11

12

+

-

+

-

+

-

SLC IN SLC OUT

SLC IN SLC OUT+

-

-

+

+

-

14

13

78

91

01

11

2

12

34

56

TOP

ADDRESSLOOP

24V IN24V OUT

55-052 RELEASING CONTROL MODULE N.T.S.

RCM INTERFACE

-

+

-

+

SLC IN SLC OUT

1. MAXIMUM WIRE SIZE FOR TERMINALS IS #14 AWG.2. 24VDC @ 2.0 AMPS MAX. SUPERVISED, POWER LIMITED.100 OHMS LINE IMPEDANCE MAXIMUM.3. THE INITIATOR RELEASING CIRCUIT IS CAPABLE OF FIRING UP TO 6 IRM'S. A 2.7K E.O.L. PROVIDED WITH MODULE IS REQUIRED FOR USE WITH IRM'S.

LOOP

ADDRESS

55-045 MINI MONITOR MODULE

39K EOL

N.T.S.

MMM INTERFACE

+ SLC IN

+ SLC OUT

- SLC IN/OUT

4S BOXMOUNTING PLATE4S BOX

MOUNTING PLATE

WIRE NUT

1. MAXIMUM WIRE SIZE FOR TERMINALS IS #14 AWG.2. THE INPUT CIRCUIT IS INTENDED FOR USE WITH ANY LISTED/APPROVEDCONTACT CLOSURE TYPE DEVICE. NORMALLY OPEN OR CLOSED CONTACTS ONLY.100 ohm MAX LINE IMPEDANCE, POWER LIMITED, SUPERVISED. FOR PROPERSUPERVISION, USE 39K EOL RESISTOR.3. INSTALLED AT MONITORED DEVICE.( POWER LIMITED)

DEVICE

BASE INTERFACE

63-1054 / 63-1055 N.T.S.

LED

1

SLC FROM FACPOR PREVIOUSDEVICE

SLC TO NEXTDEVICE

1. MAXIMUM WIRE SIZE FOR TERMINALS IS #14 AWG.2. ALL DETECTORS TO HAVE FORK TERMINALS AT TERMINATION POINT

N.T.S.

MANUAL PULL STATION

PULL DOWNAGENT

PUSH IN

20-1063

FikeCORPORATION

MOUNTING:4s DEEP SQUARE BOXW/ SINGLE GANG RING

1 32 4

LOOP ADDRESS

MANUFACTURE PROVIDED ASPART OF PULL STATION

SLC INFACTORY WIRING

39K

E.O

.L.

FACTORY WIRE

11

12

+

-39K EOL

39K EOL UVO

PR

OJE

CT

:

TH

IS D

RA

WIN

G C

ON

TA

INS

CO

NF

IDE

NT

IAL

PR

OP

RIE

TA

RY

INF

OR

MA

TIO

N O

F IN

TE

LLIG

EN

T T

EC

HN

OLO

GIE

S &

SE

RV

ICE

S, I

NC

. A

LL R

IGH

TS

AR

E E

XP

RE

SS

LY R

ES

ER

VE

D.

IT IS

SU

BM

ITT

ED

UN

DE

R A

TR

US

T R

ELA

TIO

NS

HIP

FO

R Y

OU

R U

SE

IN A

PP

RO

VA

L C

ON

ST

RU

CT

ION

OR

BID

DIN

G P

RO

CE

DU

RE

S.

TH

IS D

RA

WIN

G IS

NO

T T

O B

E U

SE

D F

OR

AN

Y O

TH

ER

PU

RP

OS

E N

OR

ITS

CO

NT

EN

TS

RE

VE

ALE

D T

O A

NY

ON

E N

OR

CO

PIE

D IN

WH

OLE

OR

IN P

AR

T N

OR

ITS

DE

SIG

N F

EA

TU

RE

S U

SE

D W

ITH

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UR

WR

ITT

EN

CO

NS

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T.

RE

TU

RN

WH

EN

NO

LO

NG

ER

RE

QU

IRE

D O

R U

PO

N R

EQ

UE

ST

.

PROJECT NO.

SHEET TITLE:

SHEET:

Designer:

C-5687

Sales:

Project Mgr:

THOMAS BRADY

MIKE KICHIN

REV DESCRIPTION DATE

TR

AC

Y P

OLI

CE

RA

DIO

EQ

UIP

ME

NT

RO

OM

1000

CIV

IC C

ENTE

R P

LAZA

, TR

AC

Y, C

A

TYLER ZABOSKI

N:\1

-Eng

inee

ring

Pro

ject

s\56

76-5

700\

C56

87 T

RA

CY

PO

LIC

E\P

lans

and

Per

mits

\RE

V 1

\R0-

FP

2.1.

dwg

TB

RA

DY

4/20

/201

5 8:

09 A

MFI

LE L

OC

ATI

ON

: E

DIT

ED

BY

:LA

ST

MO

DIF

IED

:

CLIENT

THE CITY OF TRACY

1000 CIVIC CENTERPLAZA, TRACY, CA

10-2360

SOLENOID 12

11

FIELD INSTALLABLE

+

-

N.T.S.KEY DISABLE MAINTENANCE BY-PASS SWITCH

-+

-+

+ -24VDC

SUPERVISORY CKT. FROMCONTROL PANEL ORMONITOR MODULE

EOL

RELEASE CKT. FROMCONTROL PANEL OR

RELEASE MODULE

TO ARM, IRM ORRELEASING SOLENOID

INSTALLATION:- SURFACE MOUNTED TO DEEP 2 GANG

BOX- FLUSH MOUNTED W/ 2 GANG PLASTER

RING- SWITCH RATING: 5A 600VAC,1A 250VDC- LED RATING: 10MA EA.

NOTES:1. ALL WIRING SHOWN IS SUPERVISED AND POWER

LIMITED.2. INSERT SCREW DRIVER (2.5MM, 3/32" OR SMALLER)

INTO SQUARE HOLE TO COMPRESS TERMINAL. INSERT BARE WIRE INTO CORRESPONDING OVAL HOLE, THEN RELEASE PRESSURE ON SCREW DRIVERTO LOCK WIRE IN PLACE.

3. 24 VDC CIRCUIT COMES FACTORY WIRED WITH MALEAND FEMALE INSULATED DISCONNECTS.

4. SWITCH IS IN NORMAL POSITION WHEN KEY IS TURNED TO "NORMAL"

GREEN SIDE (N/O)

RED SIDE (N/C)

GREEN LED

AMBER LED

SPARE N/O CONTACT BLOCK

MODULE ENCLOSURE "MMS"

N.T.S.

DISCONNECT ALL POWER SOURCES INCLUDING FIREPANEL SIGNAL LINE CIRCUITS PRIOR TO

INSTALLING OR REPLACING MODULES

INPUTS

1

1

++

__

9

9

++

10

10

__

A1

24 V

DC

AU

XILI

AR

Y P

OW

ER

IN

S1

R1

UVO

PR

OIN

ER

T

SLC

AD

DR

ES

SA

BLE

IN

N1

ALA

RM

HO

RN

/STR

OB

E -

STR

OB

E C

KT.

5

5

6

6

2

2

POSITION #7

FUNCTION:

MODULE:

POSITION #5

POSITION #8

POSITION #6

POSITION #3

POSITION #1

POSITION #4

POSITION #2

POSITION #10

POSITION #9

BACK PLATE INDEXHINGE PLATE INDEX

FUNCTION: -

MODULE: -

FUNCTION:

MODULE:

FUNCTION:

MODULE:

FUNCTION: LOW PSI SWITCH

MODULE: MONITOR MODULE

PNL: LOOP: ADDR: TB:

FUNCTION:

- 1 01

PROINERT RELEASE

MODULE: RELEASE MODULE

FUNCTION: ALARM H/S-HORN

MODULE: CONTROL MODULE

FUNCTION:

MODULE:

FUNCTION: PRE-DISCHARGE

MODULE: RELAY MODULE

FUNCTION: DISCHARGE

MODULE: RELAY MODULE

TERMINAL INDEX

MMS

HINGE PLATE BACK PLATE

MODULE POSITION KEY

9 11

10 12

1 2

3 4

5 6

7 8

POSITION #11

FUNCTION: -

MODULE: -

POSITION #12

FUNCTION: -

MODULE: -

MODULE MANAGEMENT SYSTEM

A1

24 V

DC

AU

XILI

AR

Y P

OW

ER

OU

T

7

7

8

8

3

3

S1

SLC

AD

DR

ES

SA

BLE

OU

T

4

4

NC

NC

C

C

2019

NO

NO

18

NC

NC

C

C

1716

NO

NO

15

DD

ISC

HA

RG

E R

ELA

Y

EP

O P

OW

ER

SH

UTD

OW

NS

DP

RE

-DIS

CH

AR

GE

RE

LAY

HVA

C S

HU

TDO

WN

S

9,10 PNL: LOOP: ADDR: TB:- 1 02 11,12 PNL: LOOP: ADDR: TB:- 1 04 15,16,17

PNL: LOOP: ADDR: TB:- 1 03 13,14 PNL: LOOP: ADDR: TB: PNL: LOOP: ADDR: TB:- 1 05 18,19,20

PNL: LOOP: ADDR: TB: PNL: LOOP: ADDR: TB:- - - - PNL: LOOP: ADDR: TB:- - - -

PNL: LOOP: ADDR: TB:- - - - PNL: LOOP: ADDR: TB:- - - - PNL: LOOP: ADDR: TB:- - - -

OUTPUTS

++

__

++

__

++

__

11

++

12

__

N

13

++

14

__

PS

SYS

TEM

#1

LOW

PS

I SW

ITC

H

11 12 13 14

OUTPUTS

- - - -

- - - -

201918171615

22-1/2"

14-1/2"

CHEETAH XI 50 PANEL ENCLOSURE

N.T.S.

23"

15"

3-1/4"3-3/4"

AutoCAD SHX Text
SYSTEM
Page 138: TABLE OF CONTENTSindependent FIRE SUPPRESSION system for radio equipment rooms in the police building. Comply with all requirements for a City building permit (no cost for permit)

153 sq.ft.RADIO ROOM 225CLNG 9'-0" ARF

79 sq.ft.UPS ROOM 231CLNG 9'-0" ARF

145 sq.ft.ANNEX ROOM 224CLNG 9'-0" ARF

101

8' AFF301

8' AFF

201

8' AFF

ROD COUPLER, FIG. 70

CORRECTIONELEVATION

REQUIREDAGENT AGENT

SUPPLIEDTEMP. MINIMUM DESIGN

CONCENTRATIONAREA SQ.FT. AREA CU.FT.PROTECTED

HEIGHTROOM NAME

DESIGN DATA CHART

LATERAL SWAY BRACE

VERTICAL PIPE HANGER

ATTACHMENT "A" OR "B"

"A" OR "B"ATTACHMENT

FIG. 100 ALLTHREAD ROD

FIG. 200ADJUSTABLERING HANGER

SWIVEL SWAYBRACEFITTINGFIG 909

1" SCH 40BRACE PIPE7' MAX

"FAST CLAMP''SWAY BRACEFIG. 1000

N.T.S.PIPE BRACING

CYLINDER ATTACHMENT

STEEL STUDS

ATTACHMENT "C" OR "D"

P1000 1-/58" UNISTRUT CHANNEL 4'-0"

ATTACHMENT TYPES

FASTENER

PIPE SIZE

DISTANCE

BRACING CHARTS

MAXIMUM DISTANCE BETWEEN HANGERS

"B"

"A"

"C"

"C"

SHEARfc=2000 PSI

2320 Lbs

10'-0 11'-0 12'-09'-0

2" 2-1/2" 3"1-1/2"

"B"

"A"

7-0 8-0

3/4" 1" 1-1/4"

LAG SCREW3/8" X 1-1/2"

TENSION

RED HEADWEDGE ANCHOR3/8" / 5/8" X 3"

1680 Lbs.

fc=2000 PSI

90° STEEL ANGLE

DISCHARGE PIPE

PIPE CLAMP

45° STEEL ANGLES

DISCHARGE PIPE

PIPE CLAMP

90° STEEL ANGLE

RISER STAND

WALL STAND

UNISTRUT ATTACHEDWITH ATTACHMENT"A", "B", OR "C"

UNISTRUT ATTACHED TO WALLATTACHMENT "A", "B", OR "C"

6-0

SELF TAPPING SCREW1/4" X 2" (METAL STUDSONLY)

WEDGE ANCHORE

LAG SCREWSHEET METAL

2. CYLINDERS SHALL BE PNEUMATICALLY ACTUATED FROM THE NITROGEN PRESSURE PROVIDED FROM THEMASTER ACTUATOR ASSEMBLY OR SLAVE ACTUATOR ASSEMBLY. BOTH ACTUATOR ASSEMBLIES SHALL BECAPABLE OF ACTUATING UP TO 60 CYLINDERS AND/OR ADDITIONAL ACTUATOR ASSEMBLIES.

9. ENGINEERED DISCHARGE NOZZLES SHALL BE PROVIDED, WITHIN THE MANUFACTURER'S GUIDELINES, TODISTRIBUTE THE IG-55 AGENT THROUGHOUT THE PROTECTED SPACES. DISCHARGE NOZZLES SHALL NOT BEORDERED OR INSTALLED UNTIL "AS BUILT" CALCULATIONS HAVE BEEN PERFORMED FOR EACH PIPE SYSTEM.

3. DISTRIBUTION PIPING SHALL BE SCH 40 A53 SEAMLESS AND FITTINGS SHALL BE 300LB. MALLEABLE IRONFITTINGS PER CALCULATIONS. ALL DISTRIBUTION PIPING SHALL BE INSTALLED BY QUALIFIED INDIVIDUALSUSING GOOD, ACCEPTED PRACTICES AND QUALITY PROCEDURES.

5. ALL PIPING SHALL BE REAMED, BLOWN CLEAR AND SWABBED WITH SUITABLE SOLVENTS TO REMOVEBURRS, MILL VARNISH AND CUTTING OILS BEFORE ASSEMBLY.

6. ALL PIPE THREADS SHALL BE SEALED WITH TEFLON TAPE PIPE SEALANT APPLIED TO THE MALE THREADONLY.

MECHANICAL NOTES:

8. PIPING DIMENSIONS ON THE PIPING ISO'S AND FLOOR PLANS ARE APPROXIMATE AND SHALL BE FIELDVERIFIED BY PIPE INSTALLER. IF THE PIPE LENGTHS CHANGE BY MORE THAN 1'-0", FITTINGS ARE ADDED TOTHE SYSTEM OR AN ADJUSTMENT IN THE INSTALLATION FEE IS MADE, THE PIPING CONTRACTOR SHALL BERESPONSIBLE FOR COMMUNICATING CHANGES TO F.P.S. IN WRITING.

7. ACCEPTABLE PIPE JOINT METHODS INCLUDE: THREADED, WELDED, FLANGED AND ROLL-GROOVE FITTINGS.

4. ALL PIPE SHALL BE SECURELY SWAY BRACED TO THE BUILDING USING RIGID PIPE HANGERS, BRACES, ANDSUPPORTS. THE PIPE SYSTEM SHALL BE FREE FROM ANY LATERAL OR VERTICAL MOVEMENT DURING SYSTEMDISCHARGE. SPECIAL ATTENTION SHALL BE PAID TO ALL CHANGES OF PIPE DIRECTION. ALL BRACINGINSTALLATION IS TO BE DONE IN ACCORDANCE WITH THE CURRENT NFPA STANDARD 2001 AND ANSI B31.1POWER PIPING CODE.

ROOM CUBIC FEET X 39.3% (0.4992 PER NFPA 2001) = AGENT REQUIRED

RACK BOLT

MINIMUM

N/A39.3%70°13051459'-0"ANNEX 224

MINIMUM REQUIRED VENTING @ 5lbs./sq.ft.

SCALE: 1/4"=1'-0"IG-55 PROINERT PIPING FLOOR PLAN LAYOUT

1. THE IG-55 AGENT SHALL BE STORED IN AGENT STORAGE CYLINDERS. CYLINDERS SHALL BE PRESSURIZEDTO AN OPERATING PRESSURE OF 4,351 PSI @ 60 F (300 BAR @ 15° C). CYLINDERS SHALL BE OF HIGHSTRENGTH ALLOY STEEL CONSTRUCTION AND CONFORM TO NFPA 2001. EACH CYLINDER SHALL BEEQUIPPED WITH A PRESSURE REGULATING OUTLET VALVE DESIGNED TO PROVIDE AN OUTLET PRESSURE OF645 PSI (44.5 BAR) AND A FREE FLOW AREA OF 12mm IN DIAMETER.

REQUIRED VENTING

10. THE PIPING SHALL BE PNEUMATICALLY TESTED IN A CLOSED CIRCUIT FOR A PERIOD OF 10 MINUTES AT40PSI. AT THE END OF 10 MINUTES, THE PRESSURE DROP SHALL NOT EXCEED 20% OF THE TEST PRESSURE.

FINAL DESIGNCONCENTRATION

DESIGNER NOTES: NOEAL 43% TO 52% (3 minutes exposure)

FOR CLASS "C" FIRES.

FP3.0

PROINERT GENERALPIPING NOTES, PIPINGFLOOR PLAN & PIPING

ISOMETRICS

RADIO 225 153 1377 39.3%70° N/A

UPS 231 79 711 39.3%70° N/A

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PROJECT NO.

SHEET TITLE:

SHEET:

Designer:

C-5687

Sales:

Project Mgr:

THOMAS BRADY

MIKE KICHIN

REV DESCRIPTION DATE

TR

AC

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THE CITY OF TRACY

1000 CIVIC CENTERPLAZA, TRACY, CA

9'-0"

9'-0"

688 cu.ft.687.4 39.53%81 sq. in.

355 cu.ft.354.9 40.21%42 sq. in.

652 cu.ft.651.5 39.64%77 sq. in.

N.T.S.IG-55 PROINERT PIPING ISOMETRIC SYSTEM

WITH 572.3 CU. FT. OF PROINERT EACH200 BAR STORAGE CYLINDER

1 x 1'-0"

1 x 5'-0"

301

.2900

1/2" x 1'-6"

1 x 1'-0"

1/2" x

2'-0

"

1/2 x 8'-0"

1 x 1'-0"

201

.3970

101

.4040

1/2 x

1'-6"

1/2 x

0'-6"

1" x 3

'-0"

3/4 x 1'-0"

3/4 x 9'-0"

3/4" x

1-6

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Page 139: TABLE OF CONTENTSindependent FIRE SUPPRESSION system for radio equipment rooms in the police building. Comply with all requirements for a City building permit (no cost for permit)

SAFETY RELIEF DISC

DISCHARGE OUTLETPRESSURE GAUGE

N.T.S.

PROINERT CYLINDER W/ DISCHARGE OUTLET VALVE

THE DISCHARGE OUTLET VALVE IS A PRESSURE-REGULATING VALVE THAT ALLOWS THE AGENT TO BERELEASED FROM THE CYLINDER AT A CONSTANT PRESSURE. THE AGENT IS DISTRIBUTED INTO THEPROTECTED SPACE VIA THE ASSOCIATED PIPING NETWORK AND NOZZLE(S). ACTIVATION OF THE PROINERT-2SYSTEM IS ACCOMPLISHED BY ONE OF TWO METHODS:

- AUTOMATIC OPERATION OF THE VALVE IS ACCOMPLISHED BY ELECTRICAL OPERATION OF THE PROINERT-2 UNIVERSAL VALVE OPERATOR (UVO), WHICH IS RECEIVED AS AN ELECTRICAL INPUT FROM A RELEASING CONTROL PANEL.- MANUAL OPERATION OF THE VALVE IS ACCOMPLISHED BY MANUAL OPERATION OF THE UNIVERSAL VALVE OPERATOR (UVO) ON THE PROINERT-2 MASTER CYLINDER.

EACH CYLINDER IS FITTED WITH A PROINERT-2 VALVE ASSEMBLY. THE FIKE PROINERT-2 VALVE ASSEMBLY ISA PRESSURE-REGULATING OUTLET VALVE DESIGNED TO PROVIDE AN OUTLET PRESSURE OF 645psi (44.5 BAR)AND A FREE FLOW AREA OF 12mm IN DIAMETER.

EACH VALVE IS EQUIPPED WITH:

- A SAFETY RELIEF DISC THAT WILL RUPTURE IF THE CYLINDER PRESSURE EXCEEDS THE RATING OF THE RUPTURE DISC. THE RUPTURE DISC IS SET TO RELIEVE BELOW THE TEST PRESSURE OF THE CYLINDER.- A PRESSURE GAUGE TO VISUALLY INDICATE THE INTERNAL CYLINDER PRESSURE.- A PNEUMATIC STRIKE PIN THAT ALLOWS THE VALVE TO BE OPERATED BY THE MASTER OR SLAVE ACTUATOR ASSEMBLIES.

WARNING: SHIPPING CAP MUST BE IN PLACE WHEN MOVING, WEIGHING OR TRANSPORTING A FILLED OR EMPTY CYLINDER. FAILURE TO DO SO MAY RESULT IN INJURY AND/OR PROPERTY DAMAGE.

4.2 PROINERT VALVE CONNECTIONSINSTALL THE DISCHARGE HOSE CHECK VALVE BY THREADING THE 1" NPT (25mm) MALE END INTO THEPIPING OR MANIFOLD IN THE LOCATION(S) SHOWN ON THE DRAWINGS. CONNECT THE MALE END OF THEDISCHARGE HOSE INTO OTHER END OF THE CHECK VALVE, THEN CONNECT THE FEMALE END W/ SWIVELFITTING OF DISCHARGE HOSE TO THE OUTLET OF THE DISCHARGE VALVE, AND VERIFY THAT THE HOSEDOES NOT HAVE ANY KINKS IN IT. ALL CONNECTIONS MUST BE WRENCH-TIGHT.

THE FOLLOWING DRAWING DETAILS THE VALVE TO MANIFOLD CONNECTION FOR THE PROINERT SYSTEM.

4.2.1 DISCHARGE PIPING CONNECTIONS

THE DISCHARGE PIPING IS CONNECTED TO THE DISCHARGE VALVES BY A DISCHARGE HOSE AND CHECKVALVE. THE CHECK VALVE UTILIZES 1" NPT PIPE THREADS TO CONNECT TO THE MANIFOLD OR PIPINGNETWORK. THE OTHER END OF THE CHECK VALVE HAS THREADS THAT WILL CONNECT TO THE DISCHARGEHOSE. THE CHECK VALVE WILL STOP THE FLOW FROM THE OTHER CYLINDERS IN THE MANIFOLD IN CASETHE SYSTEM WAS TO DISCHARGE WITH A CYLINDER REMOVED.

NOTE: WHEN REMOVING A CONTAINER FROM A MANIFOLD, NEVER REMOVE THE CHECK VALVE OR THEHOSE FROM THE CHECK VALVE PRIOR TO DISCONNECTING FROM THE VALVE.

4.2.2 DISCHARGE MANIFOLD

MOUNT THE DISCHARGE MANIFOLD TO A SOLID STRUCTURAL MEMBERSUCH AS THE RACKING UPRIGHTS USING PIPE CLAMPS OR U-BOLTS,THE MANIFOLD SHOULD NOT BE SUPPORTED BY THE CYLINDERS. CAREMUST BE TAKEN TO ENSURE THAT THE MANIFOLD IS NOT LOCATED ATA HEIGHT OR LOCATION THAT IS NOT COMPATIBLE WITH THE LENGTHOF THE DISCHARGE BEND(S). APPROXIMATE DISTANCE FROM THECYLINDER VALVE OUTLET AND THE CENTER LINE OF THE MANIFOLDPIPING IS 9" TO 12" (229 TO 305 mm). THE MANIFOLD PIPING SHOULD BESECURED WITH PIPE HANGERS OR BRACKETS TO SUPPORT THEMANIFOLD WHEN THE CYLINDERS ARE REMOVED FOR SERVICE.

IF ACCESSORIES SUCH AS PRESSURE SWITCHES, SAFETY RELIEFDEVICE, ETC. ARE REQUIRED, MAKE CERTAIN THAT THE MANIFOLDCONFIGURATION INCLUDES THE FITTINGS NECESSARY TO MAKETHOSE CONNECTIONS.

ALL CLOSED PIPE SECTIONS THAT COULD TRAP AGENT SHALL BEPROVIDED WITH A SAFETY RELIEF DEVICE, MANIFOLD SAFETY DISC (P/NIG71-076). THIS SITUATION WILL OCCUR IF SELECTOR VALVES AREINCORPORATED INTO THE SYSTEM'S PIPING NETWORK.

REFER TO THE FOLLOWING DIAGRAM FOR THE RECOMMENDEDLOCATION FOR THE MANIFOLD SAFETY DISC (P/N IG71-076).

FOR MULTI ROW RACKING, A SEPARATE MANIFOLD SHALL BE USEDFOR EACH ROW. THESE WILL BE JOINED AT THE ENDS.

4.6 PNEUMATIC ACTUATOR ASSEMBLYPRIOR TO INSERTION OF THE PNEUMATIC ACTUATOR INTO THE VALVE, ENSURE THAT THE ACTUATIONPISTON IS RETRACTED AS SHOWN.

IF INSPECTION OF THE ACTUATOR REVEALS THAT IT HAS BEEN OPERATED AS SHOWN, RESET THEACTUATOR BY DEPRESSING THE LATCHING BALL INTO ITS HOUSING WITH THE AID OF A THIN BLADE, THISWILL RETRACT THE ACTUATION PISTON.

4.6.1 CONNECTION OF PNEUMATIC ACTUATOR ASSEMBLY TO VALVE

REMOVE THE PLUG FROM THE ACTUATION PORT OF THE VALVE WITH THE AID OF THE CAP SCREW ASSHOWN. RETAIN THE PLUG FOR FUTURE USE WHEN THE CYLINDER HAS TO BE RE-FILLED/SERVICED. INSERTTHE ACTUATOR INTO THE VALVE AND SECURE BY INSERTING THE RETAINING CLIP PROVIDED.

1.3.3 PNEUMATIC ACTUATOR ASSEMBLY (P/N: IG71-002)

EACH FIKE PROINERT CYLINDER IS EQUIPPED WITH A LATCHING ACTUATOR ASSEMBLY THAT ACTUATES THECYLINDER VALVE.

SPECIFICATIONS:- MINIMUM OPERATING PRESSURE: 320 PSI (22 BAR)- MAXIMUM WORKING PRESSURE: 2,395 PSI (165 BAR)- OVERALL LENGTH: 18.75" (475mm)

THE ACTUATOR INCLUDES A FLEXIBLE HOSE THAT IS USED TO CONNECT IT TO THE NEXT ACTUATORASSEMBLY ON MULTIPLE CYLINDER SYSTEMS.

1.3.4 DISCHARGE HOSE KIT (P/N: IG71-003)

THE FLEXIBLE DISCHARGE HOSE KIT INCLUDES THE FLEXIBLE DISCHARGE HOSE (P/N: 02-10721) AND ACHECK VALVE (P/N: IG71-008). THIS KIT PROVIDES THE PARTS REQUIRED TO MAKE THE CONNECTIONBETWEEN THE CYLINDER VALVE OUTLET AND THE DISCHARGE PIPING / MANIFOLD.

1.3.4.1 FLEXIBLE DISCHARGE HOSE (P/N: 02-10721)

THE FLEXIBLE DISCHARGE HOSE IS 20-1/2" (520mm) IN LENGTH AND IS FITTED WITH A G5/8-ISO 228-1 SWIVELFITTING AT ONE END AND R5/8-ISO7-1 AT THE CHECK VALVE END. ONE END OF THE HOSE IS CONNECTEDTO THE VALVE OUTLET, THE OTHER END TO THE CHECK VALVE. THE ENTIRE ASSEMBLY IS THENCONNECTED TO THE DISCHARGE MANIFOLD.

SPECIFICATIONS:- PRESSURE RATING: 5,076 PSI (350 BAR)- THREAD TYPE: G5/8-ISO 228-1 (FEMALE CONNECTOR W/ SWIVEL FITTING)

R5/8-ISO7-1 (MALE CONNECTOR)- OVERALL LENGTH: 20-1/2" (520mm)

1.3.4.2 CHECK VALVE (P/N: IG71-008)

A CHECK VALVE SHALL BE PROVIDED FOR EACH PROINERT CYLINDER. THE CHECK VLAVE SHALL BEINSTALLED BETWEEN THE OUTLET END OF THE DISCHARGE HOSE AND THE DISTRIBUTION MANIFOLDPROVIDING A MEANS OF PREVENTING BACK-FLOW OF AGENT THROUGH AN OPEN DISCHARGE HOSE IN THEEVENT OF AN ACCIDENTAL DISCHARGE DURING INSTALLATION OR WHILE A CYLINDER IS REMOVED FORSERVICE.

EACH CHECK VALVE IS MARKED WITH:- PART NUMBER (IG71-008)- WORKING PRESSURE (WP 5,000 PSI / 345 BAR)- DN15- FLOW DIRECTION- BATCH NUMBER

THE FOLLOWING PHOTO ILLUSTRATES HOW TO CONNECT MULTIPLE CYLINDERS - MULTIPLE ROWS WHEN THEDISTANCE IS MORE THAN THE ACTUATION HOSE LENGTH. THIS IS ACCOMPLISHED BY INSTALLING A G1/4 x G1/4WITH 60° CONE CONNECTOR (P/N: 02-10824) BETWEEN THE TWO ACTUATION HOSES. CONNECTOR MUST BEORDERED SEPARATELY.

4.6.1 CONNECTION OF RELAY ACTUATOR ASSEMBLY (P/N: IG71-220) TO VALVE

REMOVE THE PLUG & RETAINING CLIP FROM THE ACTUATION PORT OF THE VALVE WITH THE AID OF THECAP SCREW AS SHOWN. RETAIN THE PLUG FOR FUTURE USE WHEN THE CYLINDER HAS TO BERE-FILLED/SERVICED. INSERT THE ACTUATOR INTO THE VALVE AND SECURE BY RE-INSERTING THERETAINING CLIP PROVIDED.

PROINERT INSTILLATION DETAILS

FP3.1

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PROJECT NO.

SHEET TITLE:

SHEET:

Designer:

C-5687

Sales:

Project Mgr:

THOMAS BRADY

MIKE KICHIN

REV DESCRIPTION DATE

TR

AC

Y P

OLI

CE

RA

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UIP

ME

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, TR

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1000 CIVIC CENTERPLAZA, TRACY, CA

Page 140: TABLE OF CONTENTSindependent FIRE SUPPRESSION system for radio equipment rooms in the police building. Comply with all requirements for a City building permit (no cost for permit)

ROD COUPLER, FIG. 70

LATERAL SWAY BRACE

VERTICAL PIPE HANGER

ATTACHMENT "A" OR "B"

"A" OR "B"ATTACHMENT

FIG. 100 ALLTHREAD ROD

FIG. 200ADJUSTABLERING HANGER

SWIVEL SWAYBRACEFITTINGFIG 909

1" SCH 40BRACE PIPE7' MAX

"FAST CLAMP''SWAY BRACEFIG. 1000

N.T.S.PIPE BRACING

CYLINDER ATTACHMENT

STEEL STUDS

ATTACHMENT "C" OR "D"

P1000 1-/58" UNISTRUT CHANNEL 4'-0"

ATTACHMENT TYPES

FASTENER

PIPE SIZE

DISTANCE

BRACING CHARTS

MAXIMUM DISTANCE BETWEEN HANGERS

"B"

"A"

"C"

"C"

SHEARfc=2000 PSI

2320 Lbs

10'-0 11'-0 12'-09'-0

2" 2-1/2" 3"1-1/2"

"B"

"A"

7-0 8-0

3/4" 1" 1-1/4"

LAG SCREW3/8" X 1-1/2"

TENSION

RED HEADWEDGE ANCHOR3/8" / 5/8" X 3"

1680 Lbs.

fc=2000 PSI

90° STEEL ANGLE

DISCHARGE PIPE

PIPE CLAMP

45° STEEL ANGLES

DISCHARGE PIPE

PIPE CLAMP

90° STEEL ANGLE

RISER STAND

WALL STAND

UNISTRUT ATTACHEDWITH ATTACHMENT"A", "B", OR "C"

UNISTRUT ATTACHED TO WALLATTACHMENT "A", "B", OR "C"

6-0

SELF TAPPING SCREW1/4" X 2" (METAL STUDSONLY)

WEDGE ANCHORE

LAG SCREWSHEET METAL

RACK BOLT

N.T.S.IG-55 PROINERT CYLINDER INSTALLATION DETAIL

FRONT VIEW

TOP VIEW

SIDE VIEW

ISOMETRIC VIEW

CYLINDER ROTATED APPROXIMATELY 45°.PRESSURE GAUGE AND CYLINDER

INFORMATION LABEL SHALL BE VISIBLE FORINSPECTION PURPOSES

PRESSURE GAUGE

PRESSURE GAUGE

MANIFOLD

54"

24"

84"65"

54"

ALL THREADFRONT BAR

REAR BAR1 5/8" UNISTRUT

7/8" UNISTRUT

24"

FP3.2

PROINERT MULTIPLECYLINDER

INSTALLATION DETAIL

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PROJECT NO.

SHEET TITLE:

SHEET:

Designer:

C-5687

Sales:

Project Mgr:

THOMAS BRADY

MIKE KICHIN

REV DESCRIPTION DATE

TR

AC

Y P

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CE

RA

DIO

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ME

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1000

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CLIENT

THE CITY OF TRACY

1000 CIVIC CENTERPLAZA, TRACY, CA

12" 12" 7"

FINAL ELEVATION TO BEFIELD VERIFIED TO

ACCOMMODATEDISCHARGE HOSE

FIELD BEND RADIUS

1/2" BETWEEN CYLINDERSTYPICAL

B494 BRACED SINGLE BRACKETTYP. 3 (FURNISHED BY INTELLI-TECH)

1 5/8" UNISTRUT 1 5/8" UNISTRUT

1 58" x 18" UNISTRUT REQUIRED TO CONNECT BRACKETTO WALL. CENTER UNISTRUT ON BRACKET. TYP. 2(FURNISHED BY SPRINKLER CONTRACTOR)

12" BRACKET CENTERON CYLINDER VALVE

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