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Construction Contract

City Council/Public Finance and Economic Development Authority/Parking Authority
November 20, 2023

Document
Construction Contract
Meeting
November 20, 2023
Body
City Council/Public Finance and Economic Development Authority/Parking Authority
Original file
4.8 MB
Text extracted from the city's file for reading and search. Open the original on cityofmerced.legistar1.com. That file is the official record.

CONSTRUCTION CONTRACT
EPA EMERGENCY GENERATORS WELL SITES 3 & 10R2
PROJECT NO. CP180018
Parties and Date.

This Contract is made and entered into this - by and between the City of Merced, & California Charter Municipal Corporation of the State of California ("City") and Day's Generator Service, Inc. with its principal place of business at P.O. Box 1868, Brentwood, CA 94513 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract.

2. Recitals.

2.1 City. City is a California Charter Municipal Corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing services such as the removal of existing generators and installation of new generators. The following license classifications are required for this Project: C10, A or B

2.3 Project. City desires to engage Contractor to render such services for the EPA EMERGENCY GENERATORS WELL SITES 3 & 10R2
Project No. CP 180018 as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.

3. Terms

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit "A")
• Plans and Specifications (Exhibit "B")
• Special Conditions (Exhibit "C")
• Contractor's Certificate Regarding Workers' Compensation (Exhibit "D") • Public Works Contractor Registration Certification (Exhibit "E") Payment and Performance Bonds (Exhibit "F")
• Addenda
• Change Orders executed by the City
1 • Change Orders executed by the City
Latest Edition of the Standard Specifications for Public Works Construction (Green Book), Excluding Sections 1-9
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
Contractor's Bid

3.2 Contractor's Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the "Work"), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit "B" attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit "C" attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/"Or Equal". Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words "or equal." Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any "or equal" material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of "or equal" requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed "or equal" substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an "or equal" material, process or article that may be substituted. Data required to 2 substantiate requests for substitutions of an "or equal" material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted "or equal" material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted "or equal" material, process or article, and substantiates that it is an "or equal" to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted "or equal" material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City's costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted "or equal" material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract within Sixty (60) working days, beginning the effective date that the generators are expected to be delivered. A Notice to Proceed will be given, then a delay issued for material delivery. Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits "A" or "B" attached hereto or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of $3,500.00 per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor's failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor

3.5 Control and Payment of Subordinates: Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at 3 all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance.

3.6 City's Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below-referenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Nine Hundred and Fifty- Six Thousand Six Hundred and Sixty-One Dollars ($956,661.00) ("Total Contract Price") provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers, or others.

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor's obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; 4 (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term "satisfactory completion of the contract" shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.

Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at Contractor's principal place of business and at the 5 project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day's work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided I in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid or Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. The requirement to submit certified payroll records directly to the Labor

3.7.13 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of 6 Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit "E" prior to contract execution.

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.7.14 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor's sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor's performance of Work, including any delay, shall be Contractor's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board ("Permit"). It shall be Contractor's sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a "living document" that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor's sole responsibility to update the SWPPP as necessary to address conditions at the project site.
7 3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

Cost of Compliance. Storm, surface, nuisance, or other
waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.8.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor's failure to comply with the Permit.

Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor's failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City's attorney's fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, 8 3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipa storm water management programs

3.8,1,4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. heretore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising trom such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.8.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor's failure to comply with the Permit.

3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor's failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City's attorney's_fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1, Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, 8 as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.8.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City's business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City's review and approval 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. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class Il or Class Ill disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise 9 reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. . If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.10 Claims; Government Code Claim Compliance.

3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code.

This Section shall be construed to be consistent with said statutes.

3.10.2 Claims. For purposes of this Section, "Claim" means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor's request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the 10 following in 16 point capital font: "THIS IS A CLAIM." Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

3.10.3.7 If Contractor's claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

3.10.3.8 Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et

3.10.4 City's Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 davs after the public entity issues its written statement.

If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the 11 governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.

City's written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is

3.10.5 Meet and Confer. If the Contractor disputes City's written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City's response or within 15 days of City's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conterence, it the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, ir which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
12 3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:

Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures..

The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney's fees on appeal of the other party.

3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

Non-Waiver. City's failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City's failure to respond shall not waive City's rights to any subsequent procedures for the resolution of disputed claims. 13 3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City.

3.12 Indemnification.

3.12.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, "Claims") in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor's indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City's agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

Additional Indemnity Obligations. Contractor shall defend, with counsel of City's choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness for any and all legal expenses and costs incurred by each of them in connection therewith or in to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.13 Insurance.

3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

3.13.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work 14 hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Employer's Liability: Workers' Compensation insurance as required by the State of California and

3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $5,000,000 per occurrence and $5,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $5,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability:

Workers' compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

3.13.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor's scheduled underlying coverage. Any insurance or self- insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor's insurance and shall not be called upon to contribute with it.

3.13.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken 15 chain of coverage excess of Contractor's scheduled underlying coverage. Any insurance or self- insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor's insurance and shall not be called upon to contribute with it in any way.

3.13.3.3 Workers' Compensation and Employer's Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

All Coverages. Each insurance policy required by this
Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.

3.13.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.

3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIl, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated
Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must 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.

3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
16 3.13.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.14 Bond Requirements.

3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.2 Performance Bond. If specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City.

To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California- admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified eisewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor's obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work. Contractor shall 17 perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.16 Employee/Labor Certifications.

3.16.1 Contractor's Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit "D" and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

3.17 General Provisions.

3.17.1 City's Representative. The City hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee.

3.17.2 Contractor's Representative. Before starting the Work, Contractor shal submit in writing the name, qualifications and experience of its proposed representative who shal be subject to the review and approval of the City ("'Contractor's Representative"). Following approval by the City, Contractor's Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor's Representative shall 18 supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor's Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required Should Contractor desire to change its Contractor's Representative, Contractor shall provide the information specified above and obtain the City's written approval.

3.17.3 Termination. This Contract may be terminated by City at any time, either with or without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City's resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City's Representative, whose decision

3.17.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby 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. 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 Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:

Day's Generator Service, Inc.

P.O. Box 1868, Brentwood, CA 94513
Randy L. Day, Vice President
19 CITY:

City of Merced
678 W. 18th Street
Merced, California 95340
Attr: Mr. Michael A. Wegley, PE
Interim City Engineer
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.17.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.17.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.17.10 Governing Laws; Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Merced, State of California.

3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.17.13 [Reserved

3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working 20 solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Contract, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor's license of the classification indicated below under Contractor's signature.

Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.17.17 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.17.19 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.17.20 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects. [SIGNATURES ON NEXT PAGE]

SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF MERCED
AND DAY'S GENERATOR SERVICE, INC.
[INSERT CONTRACTOR NAME]
09 I WIT Of WERE the Paties have entered into this Agreement as of the CITY OF MERCED Day's Generator Service, Inc.
- see y Caster 2lg
Stephanie Dietz
City Manager Its:

Printed Name:_ Austin Day
ATTEST:

By: _
Deputy City Clerk (SEAL)
APPROVED AS TO FORM: Austin Day
Contractor Printed Name
By dutin Day Clinter Say
By:

City Attorney Contractor licensed in accordance with an act providing for the registration of contractors.
22 ACCOUNT DATA: Taxpayer ID No. 27-0604587
Project No.: Vendor No.:

Project Account Numbers) / Amount: Address: P.O Box 1868 Phone: 925-382-9510
Fax:

Email: [email protected]
By:

Finance Officer Verification
23 EXHIBIT "D" - CERTIFICATION LABOR CODE
SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seg., of the ›alitornia Labor Code which require every employer to be insured against liability for Worker':

Compensation or to undertake self-insurance in accordance with the provisions of the Code, anc 1, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

Day's Generator Service
TINSERT CONTRACTOR NAME]
sure ry Clator Day
Signature
Austin Day
Name (Print)
President Days Generator Service
Title (Print)
89 EXHIBIT "E" - PUBLIC WORKS CONTRACTOR

REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.'
Name of Contractor: Day's Generator Service
DIR Registration Number: PW-LR-1000640343
DIR Registration Expiration: 06-30-25
Small Project Exemption: Yes or _ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:

Contractor shall maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. • Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor.. Day's Generator Service
Signature Austin Day Auster Do
Name and Title President Days Generator
Dated | 09-10-2023
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark "Yes" in response to "Small 90 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF MERCED
AND DAY'S GENERATOR SERVICE, INC.
[INSERT CONTRACTOR NAME]
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the day of _ 2023.

CITY OF MERCED Day's Generator Service, Inc.

By: _ By:

Stephanie Dietz
City Manager Its:

Printed Name:_
ATTEST:

By:

Deputy City Clerk (SEAL)
APPROVED AS TO FORM:

Contractor Printed Name
By: By:_
City Attorney Contractor licensed in accordance with an act providing for the registration of contractors.
22 ACCOUNT DATA: Taxpayer ID No.: _
Project No.: Vendor No.:

Project Account Number(s) / Amount: Address:

Phone:

Fax:

Email:

By:

Finance Officer Verification
23 EXHIBIT "A" - SERVICES / SCHEDULE
The work to be performed includes, but not limited to, the replacement of possibly two (2) back-up generators at Well Site 3 and possibly Well Site 10R2.

Such other items or details, not mentioned above, that are required by the Drawings and Technical Specifications Plans, City of Merced Standard Specifications and Typical Details, and the Special Conditions shall be performed, placed, constructed, or installed.

The Well Site 3 is located at the Northwest corner of 12th Street and Canal Street. and Well Site 10R2 is at 4250 E. Gerard Avenue along the Kibby Road alignment.

Bids are required for the entire work described herein.

The work shall be Completed within Sixty (60) working days beginning on the effective date that the generators are expected to be delivered. A Notice to Proceed will be given, then a delay issued for material delivery. Material delivery is expected to take 12 to 18 months. 24 BID SCHEDULE

UNIT PRICE ITEM TOTAL

UNIT OF ESTIMATED

ITEM MEASURE QUANTITY (IN FIGURES) (IN FIGURES)
1 Permits, Bonds, Licenses & Insurance LS - $45,000.00 $45,000.00 2 LS $65,000.00 $65,000.00
Well Site 3 Removals
3 Well Site 3 Preparation LS $70,000.0 $79,000 .02
4 EA 1 15325,000.00 5325,000.00
Install New Generator
5 Restoration LS Ts 22, 236.10 ≤ 22,858.40
TOTAL BASE BID $52, 7058.00

ADDITIVE ALTERNATE BID

UNIT PRICE ITEM TOTAL

ITEM UNIT OF ESTIMATED
NO. ITEM MEASURE QUANTITY (IN FIGURES) (IN FIGURES)
5 Well Site 10R2 Preparation LS $ 70,000.00 $ 70,000.00 EA 1 $ 325,000.10 $325,000.00
Install New Generator
7 Restoration LS --- 333,80308)$37803.00
ADDITIVE ALTERNATE $428,803.00
BID
TOTAL BASE BID $527,058.00
+ADDITIVE ALTERNATE BID $428,803.00
TOTAL $956,661.120
Award will be given to the lowest responsible Base Bid. The Additive Alternate price will only be added if funding is avallable.

XV
WELL SITE 3

CITY OF MERCED
PROJECT NO. CP180018
AT WELL SITES 3 & 10R2

APPROVALS

CITY OF MERCED

DEDAR-MENT OF ENGERNG

LEGEND GENERAL NOTES
ж.....
8/50/23
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$

SHEET INDEX

DESCRIPTION
"OVER SHEET

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• 21,580 1 THe ELECTRICAL DETALLS

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ELECTRICAL COMPLIANCE NOTES
VICINITY MAP VII CARCOMI FUMNE COE (08)

BASTANDO SEA DO ALO E ATEO AR
(AN DE EN THE TEN MAN MES CRETO D
no muer 239, 20-163
160) 455-172»

PEZZONI
1209: 361-22 * ENGUIRING, INC.
0 CATE INY REVISION LACE Undergrand Sonce Alet CITY OF MERCED AT 04/2033

ELECTRICAL COVER SHEET
TWO CAYS PROJECT NO. CP180018 EO

RECORE PA EMERGENCY GENERATORS
YAU DIG DEPARTMENT OF ENGIMEERING AT WELL SITES 3 & 10R2 1 ( 000 Y 277 - 2600
@ DEMOLITON NOTES:
2 NOT VAD
• (NOT LOED) IS O MAN PROOMIONES FARMOOD
16 (1O PACE 1 MINICORAL SAVOR TO RESUM
(0) RUPES CURET TO REMAN
A PLAN NOTES:

21. (C) HERE AT EIR VID CHENG TO REHEA • COMET TO ANERATOR FEED A COMERS NO 10" ELECTRICAL SITE PLAN -WELL #3
SONE VI:
15 (A) EPO AI ATS DONATONT FOR CORRUSE SUDDEN

KAL HAOL
• O
5@0
DEMOLITION PLOT PLAN -WELL #3 ELECTRICAL PLOT PLAN -WELL #3 ENGINEERNT INT sour 1/4: - T-0
ISON MACE Underground Service Alert
WO DAYS City of Merced WELL 3 SITE PLAN CITY OF MERCED
BEFORE ELECTRICAL PROJECT NO. CP180018 E1

DEPARTMENT OF ENGINEERING PA EMERGENCY GENERATORS
1(800) 277 - 2500 AT WELL SITES 3 & 10R2
2 ce
D DEMOLITION NOTES: * PLAN NOTES:

ARME O DA SCODE CASET
• IN CULT O R D CASE DA · 00 - Q453 ELECTRICAL SITE PLAN -WELL #10R2 * NA LAS VI UE E2/0 O1 OE - CANCE
PONDE 5J0 UA SOCOR OF CO CONCURS TO CONET
10 0 87-20 KU TH ME I EXIS/7 = 2/1 00 2

ELE DE CADUNO ADO POR SPEES EFEITO SNE OND IO OEYSET
7 MENESE (6) ASPRAS dE PREPARE (I) ARCA POR (0) PAO CORNSON 11 (0) 090 A ATS OCADITONI FOR GENERAIDA SHETOOMA
DEMOLITION_ PLOT PLAN - WELL #10R2 ELECTRICAL PLOT PLAN -WELL #1OR2

PEZZONI
ENCINEERING, INC.

Undergrand Service Alet
WELL 10R2 SITE PLAN CITY OF MERCED
TWO DAYS PROJECT NO. CP180018
BEFORE ELECTRICAL PA EMERGENCY GENERATORS E2

YOU DIG
AT WELL SITES 3 & 10R2
• 11800) 277 - 2060 5
- ata Men
TRAPEZE ABSCMRLY COMDURT BUPPORT.

IN) EMERGENCY GENERATOR SET AND FOUNDATION UNISTRUT MOUNT_ TRAPEZE HANGER & WALL MOUNTING

SCALE MOME

M FOCATION EATE
5 СЕМА ТУЄ НО УГТОМ

GENERATOR PAD ALTERATION

KAR MINC

NON-REMOVABLE GUARD POST

ENCASED CONDUIT TRENCH DETAIL PEZZONI
- T PICAL ENGINEERING. INC.

Taboon Sinie Am
City of Merced ELECTRICAL DETAILS CITY OF MERCED
PROJECT NO. CP180018 A BIK REIN ЁЗ
BEFORE

YOU DIG PA EMERGENCY GENERATORS
* I THE 1 (880) 277 - 2900 20: 300-5349 AT WELL SITES 3 & 10R2 5 = 5
EXHIBIT "B" - TECHNICAL SPECIFICATIONS

SCOPE OF WORK
The Work to be performed shall be the removal and installation of stand-by generators at possibly two (2) Well Sites within the City of Merced.

PERFORMANCE
The Contractor shall furnish all labor, materials, tools, equipment, incidentals, and do all work described in the Plans and these Special Provisions.

COORDINATION/COOPERATION
The Contractor shall notify the Engineer at (209) 385-6846 at least three (3) working days in advance of the tentative starting date.

The Contractor shall be responsible for contacting and coordinating with all utility companies, including the City, with regards to the location of existing underground facilities in the construction area. The Contractor shall call Underground Service Alert at (800) 642-2444, at least 2 working days before commencement of underground work for location of underground facilities.

Utility facilities damaged, temporarily disconnected, or relocated as a result of construction shall be repaired/reconnected as directed by the governing utility at the Contractor's expense.

Full compensation for conforming to the requirements of this section shall be considered as included in the price paid for the various contract items of work involved and no additional compensation will be made.

INSPECTION OF SITE
The Contractor shall inspect the work site and note all existing conditions before submitting a bid for this project. A site tour is scheduled immediately following the pre-bid/LBE meeting if requested.

DUST CONTROL
It shall be the responsibility of the Contractor to minimize dust during earth moving operations. A water truck shall be made available if necessary for dust control.

Full compensation for conforming to the requirements of this section shall be considered as included in the price paid for the various contract items of work involved and no additional compensation will be made.

PERMITS, BONDS, LICENSES AND INSURANCE
The Contractor shall procure all permits, bonds, licenses and insurance, pay all charges and fees, and aive all notices necessary and incidental to the prosecution of the work.

Payment for "Permits, Bonds, Licenses and Insurance," shall be at the contract lump sum price as set forth in the proposal, and shall include all fees associated with permits, bonds, licenses, inspections, and all other fees necessary for the completion of this item.

AS-BUILT DRAWINGS
25 Record Drawings shall be submitted before the notice of completion is filed and must include the following:

Shall be submitted on Mylar, at least 24"x 36", ", and shall bear the name, address, telephone number of the firm preparing the drawings and in electronic (AutoCAD) format.

Contractor's statement (with original signature on each sheet) shall verify all construction specifications and product qualities have been met or exceeded. "AS-BUILT DRAWINGS" or "RECORD DRAWINGS" shall be clearly labeled on each sheet.

All horizontal distances shall be shown to the nearest tenth of a foot (0.1'). All elevations shall be shown to the nearest five hundredths of a foot (0.05').

Full compensation for conforming to the requirements of this section shall be considered as included in the price paid for the various contract items of work involved and no additional compensation will be made.

WELL SITE 3 REMOVALS
Contractor shall remove all of the items inside the Well Site 3 building as shown on the Demolition Plot Plan of the construction plans.

The work shall include removal of the existing generator, the removal and replacement of the concrete housekeeping generator pad and all of the electrical equipment shown on the Demolition Plot Plan.

Payment for "Well Site 3 Removals," shall be at the lump sum price paid as set forth in the proposal and shall include all labor, materials, tools, equipment, compaction, and all work necessary for the completion of this item.

WELL SITE 3 PREPARATION
Asphalt removal, installation and new concrete shall be installed as specified in these specifications.

Payment for "Well Site 3 Preparation," shall be at the lump sum price paid as set forth in the proposal and shall include all labor, materials, tools, equipment, compaction, and all work necessary for the completion of this item.

Contractor shall remove and dispose of existing generator and prepare the existing concrete generator pad to accept the new generator. Asphalt removal and installation and new concrete shall be installed as specified in these specifications. 26 WELL SITE 10R2 PREPARATION
Contractor shall remove and dispose of existing generator and prepare the existing concrete generator pad to accept the new generator. Asphalt removal and installation of new concrete shall be installed as specified in these specifications.

Payment for "Well Site 10R2 Preparation," shall be at the lump sum price paid as set forth in the proposal and shall include all labor, materials, tools, equipment, compaction, and all work necessary for the completion of this item.

NEW GENERATORS
See Electrical Specifications for the new generator installation.

Payment for the new generators shall be at the per unit price bid as set forth in the proposal and shall include all labor, materials, tools, equipment, compaction, and all work necessary for the completion of this item.

REMOVE ASPHALT CONCRETE
Remove Asphalt Concrete Pavement shall conform to the provisions in Section 39-3.02, "Replace Asphalt Concrete Surfacing," of the State Specifications and these Special Provisions.

Remove existing Asphalt Concrete Pavement, Base and/or Subgrade to a depth established by the Engineer or as shown on the plans. Where a portion of the surface is to remain in place, saw a neat line with a power-driven saw along the edge of the portion to remain in place before starting the removal operation.

Surplus excavated material shall become the property of the Contractor and shall be disposed of outside the highway right-of-way in accordance with the provisions in Section 5-1.20B(4), "Contractor-Property Owner Agreement for Disposal of Material Outside the Highway Right-of- Way," of the State Specifications.

Payment for "Remove Asphalt Concrete " shall be included in the contract Lump Sum price to preparation of Well Sites 3 and 10R2 as set forth in the proposal and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.

REMOVE CONCRETE
The contractor shall remove the concrete housekeeping pad inside Well Site 3 as shown on the plans.

Surplus material shall become the property of the Contractor and shall be disposed of at the Contractor's expense outside the right-of-way.

Payment for "Remove Concrete" shall be at the contract Lump Sum price for Well Site 3 Removals as set forth in the proposal and shall include all labor, materials, tools, equipment, trenching, backfilling and all work necessary for the completion of this item.

ASPHALT CONCRETE
27 This work shall consist of applying tack coat and hot mix asphalt in accordance with the plans and these Special Provisions.

Hot Mix Asphalt - Hot Mix Asphalt shall be Type A in accordance with the provisions in Section 39, "Hot Mix Asphalt" of the State Specifications.

Hot mix asphalt shall conform to Section 39 of the State Specifications and shall be HMA Type A using PG 64-10 asphalt binder. Aggregate used in the base and intermediate layers shall be ¾" maximum, medium grading and the final wearing course should be Type A, ½" maximum, medium grading. Sections of paving to receive greater than 3" of new hot mix asphalt shall be paved in two separate lifts. Hot mix asphalt shall be spread in the number of layers indicated in Section 39-6, "Spreading and Compacting" of the Standard Specifications and shall be compacted with approved equipment as delineated in the State Specifications.

Hot mix asphalt shall be produced at an established commercial mixing plant. The aggregate and asphalt binder shall be heated and mixed thoroughly.

Prior to spreading hot mix asphalt, a paint binder of asphaltic emulsion shall be furnished and applied uniformly to contact surfaces of all cold pavement joints, curbs, gutters and to other surfaces designated by the Engineer.

A paint binder (tack coat) of asphaltic emulsion shall be applied to the vertical and flat areas to be surfaced in accordance with Section 39-4 of the Standard Specifications. Prime coat will not be required on base rock. Asphaltic emulsion shall be type SS1 unless otherwise permitted by the engineer.

Removal and Disposal - Existing surfacing and any other materials within the saw cut or milled lines shall be removed to a depth of approximately one (1) foot.

Thickness - The compacted thickness of hot mix asphalt shall be 3 inches at all locations and shall be placed in one (1) lift or in compliance with the State Specifications.

Payment for "Asphalt Concrete," shall be included in the contract Lump Sum price for Site Preparation for Well Site 3 and 10R2 as set forth in the proposal and shall include all labor, materials, tools, equipment, compaction, and all work necessary for the completion of this item.

INSTALL 12-INCH CONCRETE GENERATOR PAD
The Contractor shall install concrete generator pads in accordance with the details shown on the Plans, and these Special Provisions. This item shall include subgrade preparation, aggregate base material, compaction, and all conditions described herein and as detailed on the plans.

The concrete generator pad shall have a minimum thickness of 12-inches, 4,000 psi a slump of 4- inch +/- 1-inch, match the existing adjacent concrete generator pad finish and in accordance with the Plans, and these Special Provisions.

Compacted aggregate base shall be required at 6 inches minimum depth prior to pouring the concrete generator pad.

Aggregate Base -- Aggregate base shall be Class 2 with and shall conform to the provisions in Section 26 "Aggregate Bases," of the State Specifications, the Plans, and these Special 28 Provisions. The aggregate shall conform to the ¾-inch maximum grading specified in Section 26-1.02B, "Class 2 Aggregate Base," of the State Specifications.

Payment for "Install 10" Concrete Generator Pad" shall be at the contract Lump Sum price for the Site Preparation for Well Sites 3, 13 and 10R2 as set forth in the proposal and shall include all labor, materials, tools, equipment, backfill aggregate base, compaction, and all work necessary for the completion of this item.

RESTORATION
The Contractor shall restore all areas adjacent to the construction area and areas affected during construction to their preconstruction condition. Specifically included in this item are all three well sites to include miscellaneous construction items, trash and all items damaged during construction.

Payment for "Restoration," shall be at the lump sum price paid as set forth in the proposal and shall include all labor, materials, tools, equipment, compaction, and all work necessary for the completion of this item.
29 ELECTRICAL SPECIFICATIONS
30 SECTION 26-05-00 BASIC ELECTRICAL MATERIALS AND METHODS PART 1 - GENERAL

1.01 SUMMARY
A. Section includes

1. Perquited a abor mas spes and under Dis necessary to complete the installion B. Related work under this section

1. Labor and materials required to furnish and install the electrical systems in a complete and operational fashion.

2. Carpentry, masonry, steel and concrete materials and labor required for construction of proper stands, bases and supports for electrical materials and equipment.

3. Cutting and patching of holes required by installation including flashing and counter-flashing of roof and exterior wall penetrations.

4. Excavating, pumping and backfilling required for installation.

5. Repair of damage to the premises resulting from construction activities under this Section to Owner's satisfaction.

6. Removal of work debris from construction activities to Owner's satisfaction.

7. Testing and cleaning of equipment installed.

C. Work not under this section

1. Furistan of moore under bas on pread orer heater thermostate and

2. Finish painting of exposed metal surfaces included under Division 09, or as otherwise noted.

3. Electrical Contractor shall provide connections to mechanical equipment where voltage exceeds 50 V and all necessary raceways for low voltage controls.

D. Related sections

1. Where items specified in other Division 26 sections conflict with the requirements of this Section, the most stringent requirement shall govern.

2. The requirements of this Section apply to all Division 26 work, as applicable. 31 1.02 REFERENCES
A. Comply with the latest edition of the following applicable specifications and standards except as otherwise shown or specified:

1. CCR -California Code of Regulations
a. Title 8 -Industrial Relations; Section 1 -Department of Industrial Relations 1) Chapter 3.2 -California Occupational Safety and Health Regulations (CAL/OSHA)
2) Chapter 4 -Section of Industrial Safety
a) Subchapter 4 -Construction Safety Orders (CSO)
b) Subchapter 5-Electrical Safety Orders (ESO)
b. Title 24 -California Building Standards
1) Part 1 -Building Standards Administrative Code
2) Part 2 -California Building Code (CBC); International Building Code (IBC) with California amendments
3) Part 3 -California Electrical Code(CEC); NFPA 70 National Electrical Code (NEC) with California amendments
4) Part 4 -California Mechanical Code (MEC); IAPMO Uniform Mechanical Code (UMC) with California amendments
5) Part 5 -California Plumbing Code; IAPMO Uniform Plumbing Code (UPC) with California amendments
6) Part 6 -California Energy Code
7) Part 7 -California Elevator Safety Construction Code 8) Part 9 -California Fire Code; International Fire Code (IFC) with California amendments
9) Part 12 -California Reference Standards Code

2. CPUC -California Public Utilities Commission
a. GO-95; Rules for Overhead Electric Line Construction b. GO-128; Rules for Construction of Underground Electric Supply and Communication Systems

3. IEEE -Institute of Electrical and Electronic Engineers 32 a. C2; National Electrical Safety Code (NESC)

4. NECA -National Electrical Contractors Association
1; Standard Practices for Good Workmanship in Electrical Contracting b. 4090; Manual of Labor Units

5. All applicable local municipal codes and ordinances.

6. Applicable rules and regulations of local utility companies.

1.03 SUBMITTALS
A. Product Data

1. Refer to Section 01 33 00 "Submittals."
B. Closeout Submittal

1. Furnish three complete sets of maintenance and operating instructions bound in and equipment. Fina inspecton wil no pindariner a of material. binders. Refer also to Division 1 for additional requirements.

2. Provide one of each manufacturer proprietary tool required for proper equipment operation and maintenance provided under this Division. All tools shall be delivered to the Owner at project completion.

3. Provide two keys to Owner for each lock furnished under Division 26.

4. As-Built Drawings
a. Refer to Section 01 70 00 "Contract Closeout."

1.04 SUBSTITUTIONS
A. Refer to Division 00.

1.05 CHANGE ORDER PROPOSALS
A. Refer to Division 00.

B. All change order proposals and requests, both additive and deductive, shall be accompanied by a detailed materials and labor breakdown for each specific task and/or item

1.06 QUALITY ASSURANCE
33 A. References to codes, standards, specifications and recommendations of technical societies, trade organizations and governmental agencies shall mean that latest edition of such publications adopted and published prior to bid submittal. Such codes or standards shall be considered a part of this Specification as though fully repeated herein.

B. Work and materials shall be in full accordance with the latest rules and regulations of applicable state of local laws or regulations and standards of following:

1. National Fire Protection Association (NFPA)

2. California Electrical Code (CEC)

3. California Occupational Safety Health Act (Cal-OSHA)

4. California State Fire Marshall (CSFM)

5. California Code of Regulations (CCR)

6. Electrical Safety Orders, CAC Title 8 (ESO)

7. California Public Utilities Commissions, General Order 95 (GO-95)

8. Applicable rules and regulations of local utility companies.

9. NECA 1-2006, Standard Practices for Good Workmanship in Electrical Contracting
C. All electrical equipment and material furnished under Division 16 shall conform to all CEC requirements and bear the Underwriters' Laboratories (UL) label where applicable.

D. Nothing in the Construction Documents shall be construed to permit work not conforming to these Codes. Whenever the indicated material, workmanship, arrangement or construction is of high quality or capacity than that required by the above rules and regulations, the Construction Documents shall take precedence.

Should there be any direct conflict between the rules and regulations and Construction Documents, the rules shall govern.

E. All electrical equipment and material furnished under this Division shall conform to NEMA and ASTM standards, CEC and bear the Underwriters' Laboratories (UL) label where such label is applicable.

F. All electrical work shall conform to manufacturer's written instruction, and the NECA Standard Practices for Good Workmanship in Electrical Contracting and all publisher ecommended practices at the time of project. The Contractor shall use the requirements within the Specifications whenever they exceed NECA guidelines.

G. Follow manufacturer's direction where these direction cover points not included with the Construction Documents.

1.07 DELIVERY, STORAGE AND HANDLING
34 A. Packing, shipping, handling and unloading

1. Damage to the equipment delivered to the site or in transit to the job shall be the responsibility of the Electrical Contractor.

2. Equipment and material delivery of shall be scheduled as required for timely, expeditious progress of work.

B. Storage and protection of job equipment is the responsibility Contractor.

C. Comply with Division 01 requirements with regards to waste management and disposal.

1.08 PROJECT CONDITIONS
A. Discrepancies

1. In the event of discrepancies with the Contract Documents, Engineer shall be notified with sufficient time as stated within Division 1 to allow the issuing of an addendum prior to the bid opening.

2. If, in the event that time does not permit notification of clarification of discrepancies prior to the bid opening, the following shall apply:
a. The drawings govern in matters of quantity and specifications govern in matters of quality.
b. In the event of conflict within the drawings and specifications involving Juantities or quality, the greater quantity or higher quality shall apply. Suc liscrepancies shall be noted and clarified within the contractor's bid. No additional allowances will be made because of errors, ambiguities or omissions which reasonably should have been discovered during the bid preparation.

B. Verify all power and communication utilities' requirements prior to commencement of any utility work. Make proper adjustments to the construction to satisfy the serving utility.

C. Information shown relative to services is based upon available records and data, but shall be regarded as approximate only. Make minor deviations found necessary to conform to actual locations and conditions without extra cost. Verify locations and elevations of utilities prior to commencement of excavation for new underground installation.

D. Exercise extreme care in excavating near existing utilities to avoid any damage thereto; be responsible for any damage caused by such operations. Contact all utility companies to obtain exact locations prior to commencement of construction.

E. The electrical plans indicate the general layout and arrangement; the field conditions shall determine exact locations. Field verify all conditions and modify as required to satisfy design intent. Maintain all required working clearances. 35 F. Fees, permits and utility services

1. Obtain and pay for all permits and service charges required for the installation of this work. Arrange for required inspections and secure approvals from authorities having jurisdiction. Arrange for all utility connections and pay charges incurred including excess service charges if any.
. Extra charges imposed by the electrical and communication utility companie:
shall be included in the bid, if available. Unless otherwise stated, these charge will be assumed to include in the bid.

G. Provide and maintain temporary construction power. The General Contractor will pay for electric energy charges. Should the Electrical Contractor be the prime contractor, the Electrical Contractor shall pay for energy charges unless negotiated with Owner.

1.09 SEQUENCING
A. Coordinate work within phasing plans as provided by the Owner.

1.10 WARRANTY

1. Refer to Division 00.

PART 2 - PRODUCTS

2.01 MATERIALS
A. Materials mentioned herein or on Drawings require that the items be provided and of quality noted or an approved equal. All materials shall be new, full weight, standard in all respects and in first-class condition. Insofar as possible, all materials used shall be of the same brand or manufacturer throughout for each class of material or equipment.

B. Trade names or catalog numbers stated herein indicates grade or quality of material desired. Materials, where applicable, shall be UL labeled and in accordance with NEMA standards.

C. Dimensions, sizes and capacities shown are a minimum. Do not make changes without written permission of Engineer.

PART 3 - EXECUTION

3.01 EXAMINATION
36 A. Examine Construction Documents and Site; be familiar with types of construction where electrical installation is involved. Note carefully other sections of Specifications with their individual cross-references, standard details, etc.

B. Any electrical work or materials shown either in Construction Documents, but not mentioned herein, or vice versa, shall be executed the same as if mentioned herein, in a workmanlike manner in accordance with all published NECA Standards of Installation.

C. Coordinate work with other crafts to avoid conflicts, and check all outlet locations with drawings and specifications. Make minor adjustments without additional cost to Owner.

D. Engineer will make clarifications and rulings concerning any obvious discrepancies or omissions in work prior and after bidding. Perform all work involved in correcting obvious errors or omissions after award of contract as directed by Engineer at Contractor's expense.

E. Examine site dimensions and locations against Drawings and become informed of all conditions under which work is to be done before submitting proposals. No allowance will be made for extra expense due to error.

F. Layouts of equipment, accessories and wiring systems are diagrammatic (not pictorial), but shall be followed as closely as possible. Construction Documents are for assistance and guidance, and exact locations, distance, levels, etc., will be governed by construction; accept same with this under standing.

G. Horsepower of motors or wattage of equipment indicated in Construction Documents is estimated horsepower or wattage requirement of equipment furnished under other sections of Specifications. Size all feeders (conduit and wiring), motor starters, overload protection and circuit breakers to suit horsepower of motors or wattage of equipment actually furnished under various sections of specifications. However, in no case shall feeders and branch circuits (conduit and wiring) and circuit breakers be of smaller capacities or sizes than those indicated on Drawings or specified, unless approved in writing by Engineer.

3.02 PREPARATION
A. Seal all exterior wall penetrations in an approved watertight manner and to the satisfaction of Engineer and Owner.

B. Channels, joiners, hangers, caps, nuts and bolts and associated parts shall be plated

3.03 INSTALLATION
A. Equipment identification
37 1. Properly identify panelboards, remote control switches, push buttons, terminai boxes, etc. with a descriptive nameplate. Make nameplate with 3/32" laminated plastic with black background and white letters. Machine engraved letters 1/8" high for equipment in device boxes) and 1/4" high for panelboards, terminal cabinets or larger items. Punched strip type nameplates and cardholders in any form are not acceptable. Fasten nameplates with oval head machine screws, tapped into front cover/panel.

B. Working spaces

1. Provide adequate working space around electrical equipment in compliance with Article 4 of Electrical Safety Orders and CEC 110.26. In general provide 78" of headroom and 30" wide minimum clear workspace in front of panelboards and controls. In addition to the above, provide the following minimum working clearances:
a. OV - 150V (line-to-ground) provide 36" minimum clear distance. b. 151V - 600V (line-to-ground) provide 42" minimum clear distance.

C. Equipment supports

1. Anchor all electrical equipment to structure. Support systems shall be adequate to withstand seismic forces per CBC.

D. Excavating and backfilling

1. Excavate and backfill as required for installation of Work. Restore all surfaces, roadways, walks, curbs, walls existing underground installations, etc., cut by installations to original condition in an acceptable manner. Maintain all warning signs, barricades, flares and lanterns as required by ESO and local ordinances.

2. Dig trenches straight and true to line and grade, with bottom clear of any rock points. Support conduit for entire length on undisturbed original earth. Minimum conduit depth of pipe crown shall be 24" below finished or natural grade, unless otherwise noted.

E. Forming, cutting and patching

1. In new construction, General Contractor shall provide any special forming, recesses, chased, etc., and provide wood blocking, backing and grounds as necessary for the proper installation of electrical work. Be responsible for notifying General Contractor that such provision is necessary; layout work and check to see that it suits his requirements.
a. Provide metal backing plates, anchor plates, and such that are required for anchorage of electrical work under Division 26; securely weld or bolt to metal framing. Wood blocking or backing will not be permitted in combination with metal framing.
38 2. Be responsible for proper placement of pipe sleeves, hangers, inserts, and supports for this Work.

F. Concrete work

1. Provide concrete work related solely to electrical work. Concrete work, including forming and reinforcing steel installed for all electrical work, shall comply with all applicable requirements of Division 03, or in accordance with the State of California Standard Specifications issued by the Department of Transportation (CALTRANS).

3.04 REPAIR/RESTORATION
A. Cutting, patching, and repairing of existing construction to permit installation of work under Division 26 is the responsibility of Contractor. Repair or replace all damage to existing work in kind to Owner's satisfaction.

B. Obtain Engineer's approval prior to performing any cutting or patching of concrete, masonry, wood or steel structure within building.

3.05 FIELD QUALITY CONTROL
A. Inspection of work

1. Working parts shall be readily accessible for inspection, repair and renewal. The right is reserved to make reasonable changes in equipment location shown on Drawings prior to rough in without additional costs to the Owner.

2. During construction all work will be subject to observation by the Engineer and his representatives. Assist in ascertaining any information that may be required

3. Do not allow or cause any work installed hereunder to be covered up or enclosed before it has been inspected and approved. Should any work be enclosed or covered prior to approval, uncover work, and after it has been inspected and approved, restore work of all others to the condition in which it was found at the time of cutting, all without additional costs to Owner.

B. Furnish all testing equipment as maybe required.

C. Test all wiring and connections for continuity and grounds; where such tests indicate faulty insulation or other defects, locate, repair and re-test.

D. Check rotation of all motors and correct if necessary.

3.06 CLEANING
A. Repair or replace all broken, damaged or otherwise defective parts without additional cost to Owner, and leave entire work in a condition satisfactory to Engineer. At 39 completion, carefully clean and adjust all equipment, fixtures, and trim installed as part of this work; leave systems and equipment in satisfactory operating condition.

B. Clean out and remove from the site all surplus materials and debris resulting from this work; this includes surplus excavated materials.

3.07 DEMONSTRATION
A. At project completion, Contractor shall allot a period of not less than 8 hours per well site for instruction of operating and maintenance personnel in the use of all systems installed under this Division. This time is in addition to any instruction time stated in the Specifications of other sections for other equipment (i.e., fire alarm, security, intercom, etc.). All personnel shall be instructed at one time, the Contractor shall make all necessary arrangements with manufacturer's representatives as may be required. Contractor, if any, for the above services shall pay all costs.

3.08 PROTECTION
A. In performance of work, protect work of other trades as well as work under this Division from damage.

B. Protect electrical equipment, stored and installed, from dust, water or other damage.

END OF SECTION
SECTION 26-05-19 CONUCTORS AND CABLES
PART 4 - GENERAL

4.01 SUMMARY
A. Section includes

1. Provide all labor, materials and equipment necessary for the installation of all conductors and cables under this Section related to lighting, power, mechanical, B. Related sections

1. Where items specified in other Division 26 sections conflict with the requirements of this Section, the most stringent requirement shall govern.

2. The requirements of this Section apply to all Division 26 work, as applicable.

3. Consult all other sections, determine the extent and character of related work and properly coordinate work specified herein with that specified elsewhere to produce a complete installation.

4.02 REFERENCES
40 A. Comply with the latest edition of the following applicable specifications and standards except as otherwise shown or specified:

1. ASTM -American Society for Testing and Materials
a. B3; Standard Specification for Soft or Annealed Copper Wire b. B8; Standard Specification for Concentric-Lay-Stranded Copper Conductors, Hard, Medium-Hard, or Soft
c. B787/B787M; Standard Specification for 19 Wire Combination Unilay- Stranded Copper Conductors for Subsequent Insulation
d. D1000; Standard Test Method for Pressure-Sensitive Adhesive-Coated Tapes Used for Electrical and Electronic Applications

2. CCR -California Code of Regulations, Title 24
a. Part 3 -California Electrical Code(CEC); NFPA 70 National Electrical Code (NEC) with California amendments

3. UL -Underwriters Laboratories, Inc.
a. UL. 83; Thermoplastic-Insulated Wire and Cables
b. UL 486A 486B; Wire Connectors
c. UL 486C; Splicing Wire Connectors
d. UL 486D; Standard for Insulated Wire Connector Systems For Underground Use Or In Damp Or Wet Locations
e. UL 486E; Standard for Equipment Wiring Terminals for Use with Aluminum and/or Copper Conductors
f. UL 493; Thermoplastic-Insulated Underground Feeders and Branch Circuit Cables
g. UL 510; Standard for Polyviny! Chloride, Polyethylene and Rubber Insulating Tape
h. UL 854; Service-Entrance Cables

4. NEMA -National Electrical Manufacturer's Association a. WC 70-1999; Nonshielded Power Cables Rated 2000 Volts or less for the Distribution of Electrical Energy

5. IEEE -Institute of Electrical and Electronic Engineers 41 a. 82; Standard Test Procedure for Impulse Voltage Tests on Insulated Conductors

4.03 DELIVERY
A. Wire shall be in original unbroken package. Obtain approval of Inspector or Engineer before installation of wires.

PART 5 - PRODUCTS

5.01 BUILDING WIRE
A. Conductor material

1. Provide annealed copper for all wire, conductor and cable of not less than 98% conductivity.

2. Wire #8 AWG and larger shall be stranded.

3. Wire #10 AWG and smaller may be stranded as long as the device being connected is listed from use with stranded wire. Under no circumstance will crimped terminals be allowed to make the installed Code compliant.

B. Insulation material

1. All insulated wire, conductor and cable shall be 600 Vac rated.

2. Feeder and branch circuits larger than #6 AWG shall be type THW, XHHW or THHN/THWN.

3. Feeder and branch circuits #6 AWG and smaller shall be type TW, THW, XHHW or THHN/THWN.

4. Control circuits shall be type THW or THHN/THWN.

5. Wires shall bear the UL label marked with gauge, type and manufacturer's name on 24" centers.

6. Insulation color shall match identification stated within these Specifications throughout the entire length. The application of phase taping for conductors will not be permitted.

5.02 FLEXIBLE CORDS AND CABLES
A. Provide flexible cords and cables of size, type and arrangement as indicated on Drawings.

B. Type S flexible cords and cable shall be manufactured in accordance with CEC Article 400 and composed of two or more conductors and a full sized green insulated grounding conductor with an outer rubber or neoprene jacket. 42 C. Flexible cords and cables shall be fitted with wire mesh strain relief grips either as a integral connector component or an independently supported unit.

D. Suspended flexible cords and cables shall incorporate safety spring(s).

5.03 WIRE CONNECTIONS AND TERMINATIONS
A. Electrical spring wire connectors

1. Provide multi-part construction incorporating a non-restricted, zinc coated square cross-sectional steel spring enclosed in a steel sheet with an outer jacket of plastic and insulating skirt.

2. Self-striping pigtail and tap U-contact connectors are not acceptable.

B. Compression type terminating lugs

1. Provide tin-plated copper high compression type lugs for installation with hand or hydraulic crimping tools as directed by manufacturer. Notch or single point type crimps are not acceptable.

2. Two hole, long barrel lugs shall be provided for size #4/0 AWG and larger wire where terminated to bus bars. Use minimum of three crimps per lug where possible.

C. Splicing and insulating tape

1. Provide black, UV resistant, self extinguishing, 7 mil thick vinyl general purpose electrical tape per UL 510 and ASTM D1000. 3M Scotch 33 or equal.

D. Insulating putty

1. Provide pads or rolls of non-corrosive, self-fusing, 125 mil thick rubber putty with PVC backing sheet per UL 510 and ASTM D1000. 3M Scotchfil or equal.

E. Insulating resin

1. Provide two-part liquid epoxy resin with resin and catalyst in pre-measured, sealed mixing pouch. ЗМ Scothcast 4 or equal.

2. Use resin with thermal and diaelectric properties equal to the cable's insulating properties.

F. Terminal strips

1. Provide box type terminal strips in the required quantities plus 25% spare. Install in continuous rows.

2. Use the box type terminal strips with barrier open backs and with ampere ratings as required.

3. Identify all terminals strips and circuits.
43 G. Crimp type connectors

1. Provide insulated fork or ring crimp terminals with tinned electrolytic copper- brazed barrel with funnel wire entry and insulation support.

2. Fasten crimp type connectors or terminals using a crimping tool recommended by the manufacturer.

3. Provide insulated overlap splices with tinned seamless electrolytic copper-brazed barrel with funnel wire entry and insulation support.

4. Provide insulated butt splices with tinned seamless electrolytic copper-brazed barrel with center stop, funnel wire entry and insulation support H. Cable ties

1. Provide harnessing and point-to-point wire bundling with nylon cable ties. Install using tool supplied by manufacturer as required.

Wire lubricating compound

1. UL listed for the wire insulation and conduit type, and shall not harden or become adhesive.

2. Shall not be used on wire for isolated type electrical power systems.

J. Bolt termination hardware

1. Bolts shall be plated, medium carbon steel heat-treated, quenched and tempered equal to ASTM A-325 or SAE Grade 5; or silicon bronze alloy ASTM B-9954

2. Nuts shall be heavy semi-finished hexagon, conforming to ANSI B18.2.2, threads to be unified coarse series (UNC), class 2B steel or silicon bronze alloy.

3. Flat washers shall be steel or silicon bronze, Type A plain standard wide series, conforming to ANSI B27.2. SAE or narrow series shall be used.

4. Belleville conical spring washers shall be hardened steel, cadmium plated or silicon bronze.

5. Each bolt connecting lug(s) to a terminal or bus shall not carry current exceeding the following values:
a. 1/4" bolt - 125 A
b. 5/16" bolt - 175 A
c. 3/8" bolt - 225 A
44 d. 1/2" bolt - 300 A
e. 5/8" bolt - 375 A
f. 3/4" bolt - 450 A
PART 6 - EXECUTION

6.01 EXAMINATION
A. Thoroughly examine site conditions for acceptance of wire and cable installation to verify conformance with manufacturer and specification tolerances. Do not commence with work until all conditions are made satisfactory.

6.02 INSTALLATION
A. All wire, conductor, and cable with their respective connectors, fittings and supports shall be UL listed for the installed application and ambient conditions.

B. Feeders and branch circuits in wet locations shall be rated 75°C minimum.

C. Feeders and branch circuits in dry locations shall be rated 90°C minimum.

D. Minimum conductor size

1. #12 AWG copper for all power and lighting branch circuits.

2. #14 AWG copper for all line voltage signal and control wiring, unless otherwise indicated.

E. Remove and replace conductors under the following conditions at no additional costs to the Owner:

1. Installed within wrong specified conduit or raceway.

2. Damaged during installation.

3. Of insufficient length to facilitate proper splice of conductors

6.03 WIRING METHODS
A. Install wires and cable in accordance with manufacturer's written instructions, as shown on Drawings and as specified herein.

B. Install all single conductors within raceway system, unless otherwise indicated.

C. Parallel circuit conductors and terminations shall be equal in length and identical in all aspects.
45 D. Provide adequate length of conductors within electrical enclosures and neatly train to termination points with no excess. Terminate such that there is no bare conductor at the terminal.

E. Splice cables and wires only in junction boxes, outlet boxes, pull boxes, manholes or handholes.

F. Group and bundle with tie wrap each neutral with its associated phase conductors where more than one neutral conductor is present within a conduit.

Prale ple wedge type allis: lie ders in acreach i cal tie and tighten due to cable weight.

H. Seal cable where exiting a conduit from an exterior underground raceway with a non- hardening compound (i.e., duct seal or equal).

1. Provide UL listed factory fabricated, solder-less metal connectors of size, ampacity rating, material, type and class for applications and for services indicated. Use connectors with temperature ratings equal or greater than the conductor or cable being terminated.

J. Stranded wire shall be terminated using fittings, lugs or devices listed for the application. Under no circumstances shall stranded wire be terminated solely by wrapping it around a screw or bolt.

K. Flexible cords and cables supplied as part of a pre-manufactured assembly shall be installed according to manufacturer's published instructions.

6.04 WIRING INSTALLATION IN RACEWAYS
A. Install wire in raceway after interior of building has been physically protected from weather, and all mechanical work likely to injure conductors has been completed.

B. Pull all conductors into raceway at the same time.

C. Use UL listed, non-petroleum base and insulating type pulling compound as needed.

D. Completely mandrel all underground or concrete encased conduits prior to installation.

E. Completely and thoroughly swab raceway system prior to installation F. Do not use block and tackle, power driven winch or other mechanical means for pulling conductors smaller than #1 AWG.

G. Wire pulling

1. Provide installation equipment that will prevent cutting or abrasion of insulation during installation.
46 2. Maximum pull tension shall not exceed manufacturer's recommended value during installation for cable being measured with tension dynometer.

3. Use rope made of non-metallic material for pulling.

4. Attach pulling lines by means of either woven basket grips or pulling eyes attached directly to the conductors.

5. Pull multiple conductors simultaneously within same conduit.

6.05 WIRE SPLICES, JOINTS AND TERMINATIONS
A. Join and terminate wire, conductors and cables in accordance with UL 486, CEC and manufacturer's instructions.

B. Thoroughly clean wires before installing lugs and connectors.

C. Make splices, taps and terminations to carry full conductor ampacity without perceptible temperature rise, and shall be made mechanically and electrically D. Terminate wires in terminal cabinets using terminal strips, unless otherwise indicated.

E. Insulate spare conductors with electrical tape and leave sufficient length to terminate anywhere within panel or cabinet.

F. Encapsulate splices in wet locations using specified insulating resin kits.

G. Make up all splices and taps in accessible junction or outlet boxes with connectors as specified herein. Pigtails and taps shall be the same color as feed conductor with at least 6 inches of tail, all neatly packed within box.

H. Where conductors are to be connected to metallic surfaces, coated surfaces shall be cleaned to base metal surface before installing connector. Remove lacquer coating of conduits where ground clamps are to be installed.

1. Branch circuits (#10 AWG and smaller) connectors shall comply with 2.03.A and

2.03.B above.

J. Branch circuits (#8 AWG and larger)

1. Join or tap conductors using insulated mechanical compression taps with pre- molded, snap-on insulating boots or specified conformable insulating pad and over-wrapped with two half-lapped layers of vinyl insulating tape starting and ending at the middie of joint.

2. Terminate conductors using mechanical compression lugs in accordance with manufacturer's recommendation or as specified elsewhere.

3. Field installed compression connectors for 250 MCM and larger shall have not less than two clamping elements or compression indents per wire. 47 4. Insulate splices and joints with materials approved for the particular use, location, voltage and temperature.

K. Termination hardware assemblies

1. Al/Cu lugs connected to aluminum plated or copper bus shall be secured with steel bolt, flat washer (two per bolt), Belleville washer and nut.

2. Copper lugs connected to copper buss shall bus shall be secured using silicon bronze alloy bolt, flat washer (two per bolt), Belleville washer and nut.

3. The crown of Belleville washers shall be under the nut.

4. Bolt assemblies shall be torque to manufacturer's recommendations. Where manufacturer recommendation is not obtainable, the following shall be used:
a. 1/4" -20 bolt at 80 inch-pound torque
b. 5/16" - 18 bolt at 180 inch-pound torque
c. 3/8" -20 bolt at 20 inch-pound torque
d. 1/2"-20 bolt at 40 inch-pound torque
e. 5/8" -20 bolt at 55 inch-pound torque
f. 3/4" -20 bolt at 158 inch-pound torque

6.06 IDENTIFICATION
A. Securely tag all branch circuits. Mark conductors with specified vinyl wrap-around markers. Where more than two conductors run through a single outlet, mark each conductor with the corresponding circuit number.

B. Provide all terminal strips with each individual terminal identified using specified vinyl markers.

C. In manholes, pullboxes and handholes provide tags of embossed brass type with cable type and voltage rating. Attach tags to cable with slip-free plastic cable lacing units.

D. Color coding

1. For 120/208 Volt (or 120/240 Volt), 1 phase, 3 wire systems:
a. Phase A - Black
b. Phase B - Red
c. Neutral - White
d. Ground - Green
48 2. For 120/208 Volt, 3 phase, 4 wire systems:
a. Phase A - Black
b. Phase B- Red
c. Phase C - Blue
d. Neutral - White
e. Ground - Green

3. For 277/480 Volt, 3 phase, 4 wire systems:
a. Phase A - Brown
b. Phase B - Orange
c. Phase C - Yellow
d. Neutral - Gray
e. Ground - Green

4. Switch leg individually installed shall be the same color as the branch circuit to which they originate, unless otherwise indicated.

5. Travelers for 3-way and 4-way switches shall be a distinct color and pulled with the circuit switch leg or neutral.

6.07 FIELD QUALITY CONTROL
A. Supply labor, materials and test equipment required to perform continuity and ground tests.

B. Electrical testing

1. Perform feeder and branch circuit insulation test after installation and prior to connection to device.

2. Tests shall be performed by 600 Vdc megger for a continuous 10 seconds from phase-to-phase and phase-to-ground.

3. Torque test conductor connections and terminations for conformance to Specifications.

4. If any failure is detected, locate failure, determine cause and replace or repair cable to Engineer's satisfaction at no additional costs.

5. Furnish test results in type written report form for review by Engineer.

END OF SECTION
49 SECTION 26-05-26 GROUNDING AND BONDING FOR ELECTRICAL

SYSTEMS
PART 7 - GENERAL

7.01 SUMMARY
A. Section includes

1. Provide all labor, materials and equipment necessary to complete the installation sover system groun specied under this Section, including but not imited to B. Related sections

1. Where items specified in other Division 26 sections conflict with the requirements of this Section, the most stringent requirement shall govern.

2. The requirements of this Section apply to all Division 26 work, as applicable.

3. Consult all other sections, determine the extent and character of related work and properly coordinate work specified herein with that specified elsewhere to produce a complete installation.

7.02 REFERENCES
A. Comply with the latest edition of the following applicable specifications and standards except as otherwise shown or specified:

1. CCR -California Code of Regulations, Title 24
a. Part 3-California Electrical Code (CEC); NFPA 70 National Electrical Code (NEC) with California amendments

2. IEEE -Institute of Electrical and Electronic Engineers a. 142; Recommend Practices for Grounding of Industrial and Commercial Power Systems

3. NFPA -National Fire Protection Association
a. 780; Lightning Protection Code

4. UL -Underwriters Laboratories, Inc.
a. 467; Grounding and Bonding Equipment
50 7.03 SYSTEM DESCRIPTION
A. This Section provides for the grounding and bonding of all electrical and communication apparatus, machinery, appliances, components, fittings and accessories where required to provide a permanent, continuous, low impedance, grounded electrical system.

B. Ground the electrical service system neutral at service entrance equipment as shown on the Drawings.

C. Ground each separately derived system, as defined in CEC 250.5 (D) and on the Drawings, unless specifically noted otherwise.

D. Except as otherwise indicated, the complete electrical installation including the neutral conductor, equipment and metallic raceways, boxes and cabinets shall be completely and effectively grounded in accordance with all CEC requirements, whether or not such connections are specifically shown or specified.

7.04 SUBMITTALS
A. Submit manufacturer's data for equipment and materials specified within this Section in accordance to Section 26 05 00.

7.05 QUALITY ASSURANCE
A. All materials, equipment and parts comprising the materials specified herein shall be new and unused, bearing UL labels where applicable.

PART 8 - PRODUCTS

8.01 CONCRETE ENCASED GROUNDING ELECTRODE (UFER GROUND) A. #3/0 AWG minimum bare stranded copper conductor.

8.02 DRIVEN (GROUND) RODS
A. Copper clad steel, minimum ¾" diameter by 10'-0" length, sectional type with copper alloy couplings and carbon steel driving stud; Weaver, Cadweld or equal.

8.03 INSULATED GROUNDING BUSHINGS
A. Prated mag, O/ Geney BLa, Too Bed Place else that and a ring

8.04 CONNECTION TO PIPE
A. Cable to pipe connections; OZ/Gedney G-100B series, Thomas & Betts #290X series or equal.
51 8.05 CONNECTIONS TO STRUCTURAL STEEL, GROUND RODS OR SPICES A. Where required by the Drawings, grounding conductors shall be spliced together, & Betts or equal.

8.06 BONDING JUMPERS
A. OZ/Gedney Type BJ, Thomas & Betts #3840 series or equal.

8.07 GROUND CONDUCTOR
A. Ground conductor shall be code size UL labeled, Type THWN insulated copper wire, green in color.

8.08 MAIN BUILDING REFERENCE GROUND BUS (BGB)
A. Provide 1 24"x4"x1/4" TK copper bus bar mounted on wall with insulating stand-offs +18 AFF. Furnish complete with cast copper alloy body Thomas Betts Series 3 • equal lugs for connecting grounding conductors. Attach lugs to bus wit appropriate size bronze bolt, flat washer and Belleville washer. All connections shal e torque, and all holes shall be drilled and tapped for single hole lugs. Provide • spare lugs with respective spaces.

PART 9 - EXECUTION

9.01 INSTALLATION
A. Grounding electrodes

1. Concrete encased grounding electrode (Ufer ground)
a. Provide a #3/O AWG minimum bare copper conductor encased along the bottom of concrete foundation, footing or trench which is in direct contact with the earth and where there is no impervious waterproofing membrane between the footing and soil. The electrode shall extend through a horizontal length of 30' minimum and shall be encased in not less than 2" or more than 5" of concrete separating it from surrounding soil. The electrode shall emerge from the concrete slab through a protective non-metallic sleeve and shall be extended to BGB or as shown on Drawings.

2. Supplementary grounding electrode (ground ring, grid and driven rod) a. Provide as shown driven ground rods). Interconnect ground rod with structural steel and adjacent rods with code size bare copper conductor.

Ground rods shall be space no less than 6'-0" on centers from any other electrode or electrodes of another electrical system.
52 3. Separately derived electrical system grounding electrode a. Ground each separately derived system per CEC 250-26 or as shown on Drawings, whichever is greater.

4. Metal underground water pipe
a. Contractor shall install am accessible grounding electrode conductor from the main incoming cold water line to BGB. The electrode conductor shall be sized per CEC Table 250-94 or as shown on Drawings, whichever is greater.

B. Grounding electrode conductor

1. Provide grounding electrode conductors per CEC Table 250-94 or as shown on Drawings, whichever is greater.

C. Power system grounding

1. Connect the following items using code size copper grounding conductors to BGB or as shown on Drawings:
a. Concrete encased electrode (Ufer ground)
b. Ground rod(s)
c. Incoming cold and fire water pipes
d. Gas pipe
e. Structural steel
f. Distribution transformer secondary
D. Equipment Bonding/Grounding

1. Provide a code sized copper ground conductor, whether indicated or noted on the drawings, in each of the following:
a. All power distribution conduits and ducts
b. Distribution feeders
c. Motor and equipment branch circuits
d. Device branch circuits

2. Provide a separate grounding bus at distribution panelboards, loadcenters, switchboards and motor control centers. Connect all metallic enclosed equipment so that with maximum fault current flowing, shall be maintained at not more than 35V above ground.

3. Metallic conduits terminating in concentric, eccentric or oversized knockouts at panelboards, cabinets, gutters, etc. shall have grounding bushings and bonding jumpers installed interconnecting all such conduits.

4. Provide bonding jumpers across expansion and deflection coupling in conduit runs, pipe connections to water meters and metallic cold water dielectric couplings.

5. Provide ground wire in flexible conduit connected at each end via grounding bushing.

6. Provide bonding jumpers across all cable tray joints.

7. Bond each end of metallic conduit longer than 36 in length to grounding conductor using a #6 AWG pigtail.

9.02 FIELD QUALITY CONTROL
A. Contractor using test equipment expressly designed for that purpose shall perform all ground resistance tests in conformance with IEEE quidelines. Contractor shall submit typewritten records of measured resistance values to Engineer for review and approval prior to energizing the system.

B. Obtain and record ground resistance measurements both from electrical equipment ground bus to the ground electrode and from the ground electrode to earth. Furnish and install additional bonding and add grounding electrodes as required to comply with the following resistance limits:

1. Resistance from ground bus to ground electrode and to earth shall not exceed 5 ohms unless otherwise noted.

2. Resistance from the farthest panelboard, loadcenter, switchboard or motor control center ground bus to the ground electrode and to earth shall not exceed 20 ohms maximum.

C. Inspection

1. The Engineer or Inspector prior to encasement, burial or concealment thereto shall review the grounding electrode and connections.

END OF SECTION
SECTION 26-05-33 RACEWAYS AND BOXES
PART 10 - GENERAL

10.01 SUMMARY
A. Section includes

1. Provide all labor, materials and equipment necessary to complete the installation required for the items specified under this Section, including but not limited to electrical conduits; outlet, junction and pull boxes; and related supports.

B. Related sections

1. Where items specified in other Division 26 sections conflict with the requirements of this Section, the most stringent requirement shall govern. a. 26 05 26 - Grounding and Bonding for Electrical Systems

2. The requirements of this Section apply to all Division 26 work, as applicable.

3. Consult all other sections, determine the extent and character of related work roduce a complete instalat pecied herein with that specied elsewhere to

10.02 REFERENCES
A. Comply with the latest edition of the following applicable specifications and standards except as otherwise shown or specified:

1. ANSI -American National Standards Institute
a. C33.91; Specification for Rigid PVC Conduit
b. C80.1; Specification Rigid Steel Conduit, Zinc-Coated c. C80.3; Specification for Electrical Metallic Tubing, Zinc-Coated d. C80.6; Intermediate Metal Conduit (IMC), Zinc-Coated

2. CCR -California Code of Regulations, Title 24
a. Part 2 -California Building Code (CBC); International Building Code (IBC) with California amendments
b. Part 3-California Electrical Code(CEC); NFPA 70 National Electrical Code (NEC) with California amendments

3. NECA -National Electrical Contractors Association
a. 101, Standard for Installing Steel Conduit (Rigid, IMG, EMT) b. 111, Standard for Installing Nonmetallic Raceways (RNG, ENT, LFNC) (ANSI)

4. NEMA -National Electrical Manufacturer's Association 55 a. FB 1; Fittings, Cast Metal Boxes, and Conduit Bodies for Conduit, Electrical Metallic Tubing, and Cable
b. FB 2.10; Selection and Installation Guidelines for Fittings for Use with Non- flexible Electrical Metal Conduit or Tubing (Rigid Metal Conduit, Intermediate Metal Conduit, and Electrical Metallic Tubing)
c. FB 2.20; Selection and Installation Guidelines For Fittings for Use With Flexible Electrical Conduit and Cable
d. OS 1; Sheet-Steel Outlet Boxes, Device Boxes, Covers, and Box Supports e. OS 3; Selection and Installation Guidelines for Electrical Outlet Boxes f. RN 1; Polyvinyl-Chloride Externally Coated Galvanized Rigid Steel Conduit and Electrical Metallic Tubing
g. TC 2; Electrical Plastic Tubing and Conduit
h. TC 3; PVC Fittings for Use with Rigid PVC Conduit and Tubing i. TC 14; Reinforced Thermosetting Resin Conduit (RTRC) and Fittings

5. OSHPD Anchorage Pre-approvals
a. OPA-0003; Superstrut Seismic Restraint System
b. OPA-0114; B-Line Seismic Restraints
c. OPA-0120; Unistrut Seismic Bracing System
d. OPA-0242; Power-Strut Seismic Bracing System

6. UL -Underwriter's Laboratories, Inc.
a. 1; Standard for Flexible Metal Conduit
b. 6; Rigid Metal Electrical Conduit
c. 360; Standard for Liquid-Tight Flexible Steel Conduit d. 514A; Metallic Outlet Boxes, Electrical
e. 514B; Fittings for Conduit and Outlet Boxes
f. 651; Schedule 40 & 80 PVC Conduit
g. 797; Electrical Metallic Tubing
h. 1242; Intermediate Metal Conduit
i. 1684; Reinforced Thermosetting Resin Conduit (RTRC) and Fittings 56 10.03 SYSTEM DESCRIPTION
A. Furnish, assemble, erect, install, connect and test all electrical conduits and related raceway apparatus required and specified to form a complete installation.

10.04 SUBMITTALS
A. Submit manufacturer's data for materials specified within this Section in accordance to Section 26 05 00.

10.05 QUALITY ASSURANCE
A. All materials, equipment and parts comprising the materials specified herein shall be new and unused, bearing UL labels where applicable.

B. Installation shall conform to the NECA installation guidelines unless otherwise indicated within this Section
PART 11 - PRODUCTS

11.01 MATERIALS
A. Conduits and Fittings

1. Rigid steel conduit (RMC)
a. Conduit: Standard weight, mild steel pipe, and zinc coated on both inside and outside by a hot dipping or shearardizing process manufactured in accordance with UL 6 and ANSI C80.1 specifications.
b. Fittings (couplings, elbows, bends, etc.)
1) Shall be steel or malleable iron.
2) Coupling and unions shall be threaded type, assembled with anti- corrosion. conductive and anti-seize compound at joints made absolutely tight to exclude water.
c. Bushings
1) Insulating bushings: Threaded polypropylene or thermosetting phenolic rated at 150°C minimum.
2) Januatei tayun grounalung: Threaded cast body with insulating throat 3) Insulating metallic bushing: Threaded cast body with plastic insulated throat rated at 150°C minimum.
57 2. Coated rigid steel conduit (CRMC)
a. Conduit: Equivalent to RMC with a Polyvinyl chloride (PVC) coated bonded to the galvanized outer surface of the conduit. The bonding between the PVC coating and conduit surface shall be ETL PVC-001 compliant. The coating thickness shall be a minimum of 40mil.
b. Fittings (couplings, elbows, bends, etc.)
1) Equivalent to RMC above with bonded coating same as conduit. 2) The PVC sleeve over fittings shall extend beyond hub or coupling approximately one diameter or 1 1/2" whichever is smaller. c. Bushing equivalent to RMC above.

3. Intermediate metallic conduit(IMC)
a. Conduit: Intermediate weight, mild steel pipe, meeting the same requirements for finish and material as rigid steel conduit manufactured in accordance with UL 1242 and ANSI C80.6 specifications.
b. Fittings (couplings, elbows, bends, etc.) equivalent to RMC above. c. Bushing equivalent to RMC above.

4. Electrical metallic tubing (EMT)
a. Conduit: Cold rolled steel tubing with zinc coating on outside and protective enamel on inside manufactured in accordance with UL 797 and ANSI C80.3 specifications.
b. Couplings: Steel or malleable iron with compression type fastener via a nut. c. Connectors: Steel or malleable iron with compression type fastener via a nut with plastic insulated throat rated at 150°C minimum.

5. Rigid non-metallic conduit (PVC)
a. Conduit: PVC composed Schedule 40, 90°C manufactured in accordance with NEMA TC 2 and UL 651 specifications.
b. Fittings: Molded PVC, slip on solvent welded type in accordance to NEMA TC

6. Reinforced thermosetting resin conduit (RTRC)
58 a. Conduit: Fiber impregnated with a cured thermosetting resin compound in accordance with NEMA TC 14 and UL 1684.
b. Fittings: Molded resin with glass reinforcement manufactured in the same process as the conduit bonded with an epoxy adhesive.

7. Flexible metallic conduit (FMC)
a. Conduit: Continuous, flexible steel spirally wound with zinc coating on both inside and outside in accordance with UL 1.
b. Connectors: Steel or malleable iron with compression type fastener via a nut with plastic insulated throat rated at 150°C minimum.

8. Liquid tight flexible metallic conduit (LFMC)
a. Conduit: PVC coated, continuous, flexible steel spirally wound with zinc coating on both inside and outside in accordance with UL 360. b. Connectors: Steel or malleable iron with compression type fastener via a nut with plastic insulated throat rated at 150°C minimum.

9. Miscellaneous Fittings and Products
a. Conduit sealing bushings: Steel or cast malleable iron body and pressure clamps with PVC sleeve, neoprene sealing grommets and PVC coated steel pressure rings. Supplied with neoprene sealing rings between body and PVC sleeve.
b. Watertight cable terminators: One piece, compression molded sealing ring with PVC coated steel pressure disks, stainless steel screws and zing plated cast iron locking collar.
c. Watertight cable/cord connectors: Liquid tight steel or cast malleable iron body with sealing neoprene bushing and stainless steel retaining ring. d. Expansion fittings: Multi-piece unit of hot dip galvanized malleable iron or steel body and outside pressure bussing design to allow a maximum of 4" movement (2" in either direction). Furnish with external braid tinned copper bonding jumper. UL listed for both wet and dry locations. e. Expansion/deflection couplings: Multi-piece unit comprised of a neoprene sleeve, internal flexible tinned copper braid attached to bronze end couplings with stainless steel bands. Coupling to provide minimum of 3/4" movement and 30 degrees deflection from normal. UL listed for both wet and dry locations.
f. Conduit bodies: Raintight, malleable iron, hot-dip galvanized body with threaded hubs, stamped steel cover, stainless steel screws and neoprene gasket.
59 g. Other couplings, connectors and fittings shall be equal in quality, material and construction to items specified herein.

B. Boxes

1. Outlet boxes
a. Standard: Galvanized one-piece of welded pressed steel type in accordance with NEMA OS 1 and UL 514. Boxes shall not be less than 4" square and at least 1 1/2" deep.
b. Concrete: Galvanized steel, 4" octagon ring with mounting lug, backplate and adapter ring type in accordance with NEMA OS 1 and UL 514. Depth as required by application.
c. Masonry: Galvanized steel, 3.75" high gang box in accordance with NEMA OS 1 and UL 514.
d. Surface cast metal: Cast malleable iron body, surface mounted box with threaded hubs and mounting lugs as required in accordance with NEMA OS 1 and UL 514. Furnish with ground flange, steel cover and neoprene gasket.

2. Pull and junction boxes
a. Sheet metal boxes: Standard or concrete outlet box wherever possible; otherwise use 16 gauge galvanized sheet metal, NEMA 1 box sized per CEC with machine screwed cover.
b. Cast metal boxes: Install standard cast malleable iron outlet or device box when possible.
c. Flush mounted boxes: Install overlapping cover with flush head screws. d. In-ground mounted pull holes/boxes: Install pre-cast concrete box, sized per Drawing or CEC with pre-cast or traffic rated lid.

3. Floor boxes
a. Floor boxes shall be adjustable, cast metal body with threaded conduit openings, adjustable rings, brass flange or Lexan ring and cover plate with threaded plug. Include provisions to accommodate surface mounted telephone or receptacle outlet, or flush floor mounted telephone or receptacle C. Pull line/cord

1. Polypropylene braided line or Let-line #232 or equal of 1/8" diameter with a minimum break strength of 200 pounds.

PART 12 - EXECUTION
60 12.01 EXAMINATION
A. Thoroughly examine site conditions for acceptance of wire and cable installation to verify conformance with manufacturer and specification tolerances. Do not commence with work until all conditions are made satisfactory.

12.02 PREPARATION
A. Conduit

1. Provide all necessary conduit fittings, connectors, bushings, etc. required to complete conduit installation to meet the CEC and intended application whether noted, shown or specified within.

2. Location of conduit runs shall be planned in advance of the installation and coordinated with other trades.

3. Where practical, install conduits in groups in parallel vertical or horizontal runs that avoid unnecessary offsets.

4. All conduits shall be parallel or at right angles to columns, beams and walls whether exposed or concealed.

5. Conduits shall not be placed closer than 12" to a flue, parallel to hot water, steam line or other heat sources; or 3" when crossing perpendicular to the above said lines when possible.

6. Install exposed conduit as high as practical to maintain adequate headroom.

Notify Engineer if headroom will be less than 102".

7. Do not obstruct spaces required by Code in front of electrical equipment, access doors, etc.

8. The largest trade size conduit in concrete floors and walls shall not exceed 1/3 thickness or be spaced a less than three conduit diameters apart unless permitted by Engineer. All conduits shall be installed in the center of slab or wall, and never between reinforcing steel and bottom of floor slab.

9. Install additional pull boxes, not shown on Drawings, in sufficient quantities to facilitate pulling of conductors and cables such that total spacing does not exceed 150 feet or 270 degrees, total; and maximum pulling tension will not be exceeded.

10. When installing underground conduits to specified depth; depth shall be taken from finished grade as it will be at project completion. Should finish grade be above existing grade by an amount equal to or greater than specified depth, conduit shall be installed not less than 6" below existing grade.

11. Verify that information concerning finish grade is accurate, for should the underground run be less than the specified depth, Contractor may be required to re-install conduit to meet the required depth.
61 12. Unless otherwise specified, underground conduits shall be installed with top side not less than 24" below finished grade; this depth applies to all conduits outside of building foundations including those under walks, open corridors or paved

13. Utility company service conduits installation depth shall be as directed by their respective specifications and requirements.

B. Boxes

1. Before locating outlet boxes, check Construction Documents for type of construction and make sure that there is no conflict with other equipment. Locate outlet boxes as shown and locate so as not to interfere with other Work or equipment.

2. Install all outlet boxes flush within walls, ceiling and floors except where installed within non-finished rooms, cabinetry, attic spaces or as indicated on Drawings.

3. Locate pull boxes and junction boxes within concealed, accessible locations where possible.

4. Do not install outlet boxes back-to-back with same stud space. Where shown back-to-back, offset as required, and fill void with sound dampening material where requested by Owner.

5. In fire rated walls separate boxes by 24" minimum and with stud member.

6. Adjust position of outlet boxes within masonry wall to accommodate course lines.

12.03 INSTALLATION
A. Conduit

1. Minimum conduit size shall be 3/4" unless otherwise indicated.

2. All conduit work shall be concealed unless otherwise indicated. Exposed conduits shall be permitted within unfinished rooms/spaces to facilitate installation.

3. Install conduit in complete runs prior to installing conductors or cables.

4. Make long radius conduits bends free from kink, indentations or flattened surfaces. Make bends carefully to avoid injury or flattening. Bends 1 1/4 siz and larger shall be factory made ells, or be made with a manufacturec mechanical bender. Heating of steel conduit to facilitate bending or that damage galvanized coating will not be permitted

5. Remove burrs and sharp edges at end of conduit with tapered reamer.

6. Protect and cover conduits during construction with metallic bushings and bushing "pennies" to seal exposed openings.
62 7. Assemble conduit threads with anti-corrosion, conductive, anti-seize compound and tighten securely.

8. Install conduits shall that no traps to collect condensation exist.

9. Fasten conduit securely to boxes with locknuts and bushings to provide good grounding continuity.

10. Install pull cords/line within any spare or unused conduits of sufficient length to facilitate future cable installation.

11. Penetrations
a. Locate penetrations within structural members as shown on Drawings and as directed by Engineer. Should it be necessary to notch any framing member, make such notching only at locations and in a manner as approved by Engineer.
b. Do not chase concrete or masonry to install conduit unless specifically approved by Engineer.
c. Cutting or holes
1) Install sleeves for cast-in-place concrete floors and walls. After installing conduit through penetration, seal using dry-pack grouting compound (non-iron bearing, chloride free and non-shrinking) or fire rated assembly if rated floor or wall. Use escutcheon plate on floor underside to contain compound as necessary.
2) Cut holes with a hole saw for penetrations through non-concrete or non- masonry members.
3) Provide chrome plated escutcheon plates at all publicly exposed wall, ceiling and floor penetrations.
d. Sealing
1) Non-rated penetration openings shall be packed with non-flammable insulating material and sealed with gypsum wallboard taping compound. 2) Fire rated penetration shall be sealed using a UL classified fire stop assembly suitable to maintain the equivalent fire rating prior to the penetration.
3) Use escutcheon plates to hold sealing or fire rated compound as necessary.
e. Waterproofing
1) Make penetrations through any damp-proofed/waterproofed surfaces within damp/wet locations as such as to maintain integrity of surface. 63 2) Install specified watertight conduit entrance seals at all below grade wall and floor penetrations.
3) At roof penetrations furnish roof flashing, counter flashing and pitch- pockets compatible to roof assembly.
4) Where possible conduits that horizontally penetrate a waterproof membrane shall fall away from and below the penetration's exterior side. 5) Make penetrations through floors watertight with mastic, even when concealed within walls or furred spaces.

12. Supports
a. Conduits shall be support and braced per OSHPD pre-approved anchorage systems when those methods are implemented and installed. b. Sizes of rods and cross channels shall be capable of supporting 4 times and 5 times actual load, respectively. Anchorage shall support the combined weight of conduit, hanger and conductors.
c. Support individual horizontal conduit 1 1/2" and smaller by means of 2 hole straps or individual hangers.
d. Galvanized iron hanger rods sizes 1/4" diameter and larger with spring steel fasteners, clips or clamps specifically design for that purpose for 1 1/2" conduits and larger.
e. Support multi-parallel horizontal conduits runs with trapeze type hangers consisting of 2 or more steel hanger rods, preformed cross channels, 'J' bolts, clamps, etc.
f. Support conduit to wood structures by means of bolts or lag screws in shear, to concrete by means of insert or expansion bolts and to brickwork by means of expansion bolts.
g. Support multi-parallel vertical conduits runs with galvanized Unistrut, Power- Strut or approved equal type supports anchored to wall. Where multi-floored conduits pass through floors, install riser clamps at each floor.

Maximum conduit support spacing shall be in accordance with NECA Standard of Installation:
1) Horizontal runs:
a) 314" and smaller at 60" on centers, unless building construction prohibits otherwise, then 84" on centers.
b) 1" and larger at 72" on centers, unless building construction prohibits otherwise or any other condition, then 120" on centers. 2) Vertical runs:
64 a) 3/4" and smaller @ 84" on centers.
b) 1" and 1 1/4" @ 96" on centers.
c) 1 1/2" and larger @ 120" on centers.
d) Any vertical condition such as shaftways and concealed locations for any sized conduit, 120" on centers.
i. Anchorage for RMC/IMC supports unless otherwise specified:
1) < 1" IMC/RMC = #10 bolt/screw.
2) 1" IMC/RMC = 1/4" bolt/screw.
3) 1 1/2" and 2" IMC/RMC = 3/8" bolt/screw.
4) 3" IMC/RMC, 4" EMT = 1/2" bolt/screw.
5) > 3"IMC/RMC = 5/8" bolt/screw.
j. Anchorage for EMT supports unless otherwise specified:
1) < 1 1/2" EMT = #10 bolt/screw.
2) 1 1/2" EMT = 1/4" bolt/screw.
3) 2, 2 1/2" and 3" EMT = 3/8" bolt/screw.
4) 4" EMT = 1/2" bolt/screw.
5) > 4"EMT = 5/8" bolt/screw.

B. Boxes

1. Install boxes as shown on Drawings and as required for splices, taps, wire pulling, equipment connections and Code compliance.

2. Install additional pull boxes, not shown on Drawings, in sufficient quantities to facilitate pulling of conductors and cables such that total spacing does not exceed 150 feet or 270 degrees, total; and maximum pulling tension will not be exceeded.

3. Ixpaled cetiris. Convers shalt be of in stud suls or fraid suspended or

4. Provide gasketed cast metal cover plates where boxes are exposed in damp or wet locations

5. Install access door for boxes installed within concealed locations without access.

6. Install approved factory made knockout seal where knockouts are not present. 65 7. Refer to Architectural interior elevations and details shown for exact mounting heights of all electrical outlets. In general, locate outlets as shown or specific and complies with Americans with Disabilities Act:
a. Convenience outlets: +18"AFF or +6" above counter or splash. b. Local switches: +48"AFF or +6" above counter or splash. c. Telecommunication outlets: +18"AFF or +48"AFF for wall telephone or intercom device.
d. Verify all mounting heights with Drawings, and where heights are not suited for construction or finish please consult Engineer.

8. Use conduit bodies to facilitate pulling of conductor or cables or change conduit direction. Do not splice within conduit bodies.

9. Enclose pull box with additional rated gypsum board as necessary to maintain wall's original fire rating.

10. Install galvanized steel coverplates on all open boxes within dry listed areas.

11. Install in-ground pull holes/boxes flush to grade finish at finished areas or 1" above finished landscaped grade. Seal all conduits terminating in pull hole/box watertight. Install and grout around bell ends where shown. Cover and lids shall be removable without damage to adjacent finish surfaces.

12. Support
a. Accurately place boxes for finish, independently and securely supported by adequate blocking or manufacturer channel type heavy-duty box hangers for stud walls. Do not use nails to support boxes.
b. Support boxes independent of conduit system.
c. Mount boxes installed within ceilings to 16 gauge metal channel bars attached to main runners or joists.
d. Support boxes within suspended acoustical tile ceilings directly from structure above when light fixture are to be installed from box.
e. Use auxiliary plates, bar or clips and grouted in place for masonry, block or pour-in-place concrete construction.

12.04 APPLICATION
A. Conduit

1. RMC/IMC suitable for all damp, dry and wet locations except when in contact with earth. IMC not suitable for hazardous locations as stated within CEC. 66 2. CRMC suitable for damp or wet locations, concealed within concrete or in contact with earth.

3. EMT suitable for exposed or concealed dry, interior locations.

4. PVC/RTRC suitable for beneath ground floor slab, except when penetrating, and direct earth burial. Do not run exposed within concrete walls or in floor slab unless indicated on Drawings or per Engineer's permission.

5. FMC suitable for dry locations only for connections to motors, transformers, vibrating equipment/machinery, controllers, valves, switches and light fixtures in less than 6 foot lengths.

6. LFMC application same as FMC above but for damp or wet locations.

B. Termination and joints

1. Use raceway fittings compatible with associated raceway and suitable for the location.

2. Raceways shall be joined using specified couplings or transitions where dissimilar raceway systems are joined

3. Conduits shall be securely fastened to cabinets, boxes and gutters using (2) two locknuts and insulating bushing or specified insulated connector. Where joints cannot be made tight and terminations are subject to vibration, use bonding jumpers, bonding bushings or wedges to provide electrical continuity of the raceway system. Use insulating bushings to protect conductors where subjected to vibration or dampness. Install grounding bushings or bonding jumpers on all conduits terminating at concentric or eccentric knockouts.

4. Terminations exposed at weatherproof enclosures and cast outlet boxes shall be made watertight using specified connectors and hubs.

5. Stub freestanding equipment conduits through concrete floors for connections with top of coupling set flush with finished floor. Install plugs to protect threads and entrance of debris.

6. Install specified cable sealing bushings on all conduits originating outside the building walls and terminating within interior switchboard, panel, cabinet or autters. Install cable sealing bushings or raceway seal for conduit terminations in all grade level or below grade exterior pull, junction or outlet boxes.

7. Where conduits enter building from below grade inject into filled raceways pre- formulated rigid 2 Ibs. density polyurethane foam suitable for sealing against water, moisture, insects and rodents.

8. Install expansion fitting or expansion/deflection couplings per manufacturer's recommendations where:
67 a. Any conduit that crosses a building structure expansion joint; secure conduit on both sides to building structure and install expansion fitting at joint. b. Any conduit that crosses a concrete expansion joint; install expansion/deflection at joint.
c. Any conduit greater than 1-1/4" is routed along roof top in runs greater than 100 feet; install expansion fittings every 100 feet.
d. Engineer may allow FMC or LFMC in lieu of expansion fitting or expansion/deflection couplings on conduits 2" and smaller within accessible locations upon further review and written consent.

C. Boxes

1. Standard type suitable for all flush installations and all dry concealed locations.

2. Concrete type suitable for all flush concrete installations.

3. Masonry type suitable for all flush concrete and block installations.

4. Surface cast meta type suitable for all exposed damp and wet surface mounted locations, and dry surface mounted locations less than 96" from finished floor

END OF SECTION
68 SECTION 26-18-11 OVERCURRENT PROTECTION DEVICES
PART 13 - GENERAL

13.01 SUMMARY
A. Section includes

1. Provide all labor, materials and equipment necessary to complete the installation required for the items specified under this Section, including but not limited to overcurrent protection devices.

B. Related sections

1. Where items specified in other Division 26 sections conflict with the requirements of this Section, the most stringent requirement shall govern.

2. The requirements of this Section apply to all Division 26 work, as applicable.

3. Consult all other sections, determine the extent and character of related work and properly coordinate work specified herein with that specified elsewhere to produce a complete installation.

13.02 REFERENCES
A. Comply with the latest edition of the following applicable specifications and standards except as otherwise shown or specified:

1. CCR -California Code of Regulations, Title 24
a. Part 3 -California Electrical Code(CEC); NFPA 70 National Electrical Code (NEC) with California amendments

2. Federal Specification
a. W-C-375; Circuit Breakers, Molded Case, Branch Circuit And Service

3. NEMA -National Electrical Manufacturer's Association a. AB 1; Molded-Case Circuit Breakers, Molded Case Switches, and Circuit- Breaker Enclosures
b. PB 2.2; Application Guide for Ground Fault Protective Devices for Equipment

4. UL -Underwriters Laboratories, Inc.
a. 248; Low Voltage Fuses
b. 468; Wire Connectors
69 c. 508E; IEC Type "2" Coordination Short Circuit Tests d. 489; Molded-Case Circuit Breakers and Circuit Breaker Enclosures e. 943; Standard for Ground-Fault Circuit-Interrupters

13.03 SUBMITTALS
A. Submit manufacturer's data for materials specified within this Section in accordance to Section 26 05 00.

B. Production test of circuit breakers upon request of Engineer.

C. Submittal shall show the following information: circuit breaker numbering, circuit breaker type and short circuit rating, provisions for future circuit breakers, bussing, including neutral and ground, ratings and enclosure dimensions and trims.

13.04 QUALITY ASSURANCE
A. All materials, equipment and parts comprising the materials specified herein shall be new and unused, bearing UL labels where applicable.

B. The manufacturing facility shall be registered by Underwriters Laboratories Inc. to the International Organization for Standardization ISO 9002 Series Standards for quality.

13.05 DELIVERY, STORAGE AND HANDLING
A. Handle carefully to avoid damage to internal components, enclosure and finish.

B. Store in a clean, dry environment. Maintain factory packaging and, if required, provide an additional cover to protect enclosure in harsh environments.

PART 14 - PRODUCTS

14.01 FUSES
A. All power distribution fuses shall be time-delay, high interrupting (200kAIC minimum) and current limiting type, unless otherwise indicated. All fuses shall be of same manufacturer and model.

1. Motor branch circuit fuses (0 - 600A): UL Class RK5 dual element, time delay type shall be size for UL 508E "Type 2" coordination for the motor controller.

Coordinate fuse selection with motor starter overload relay heaters as required.

2. General purpose feeder fuses (0 - 600A): UL Class RK1 dual element, time delay type shall be size per Drawings.

B. Control and instrumentation fuses shall of type and rating as recommended by equipment manufacturer, suitable for fuse blocks or holders installation. 70 14.02 MOLDED CASE CIRCUIT BREAKERS
A. General

1. Circuit breakers shall be constructed using glass reinforced insulating material.

Current carrying components shall be completely isolated from the handle and the accessory mounting area.

2. Circuit breakers shall have an over center, trip free, toggle operating mechanism which will provide quick-make, quick-break contact action. The circuit breaker shall have common tripping of all poles.

3. The circuit breaker handle shall reside in a tripped position between ON and OFF to provide local trip indication.

4. The maximum ampere rating and UL, IEC, or other certification standards with applicable voltage systems and corresponding interrupting ratings shall be clearly marked on face of circuit breaker after installation.

5. Circuit breakers shall have an RMS interrupting capacity not less than shown on Drawings, or if not shown shall not be less than:
a. 25kA for 480V systems
b. 22kA for 240V (or less) systems

6. Each circuit breaker shall be equipped with a push-to-trip button, located on the face of the circuit breaker to mechanically operate the circuit breaker tripping mechanism for maintenance and testing purposes.

7. Circuit breakers shall be equipped with UL Listed electrical accessories as noted on Drawing. Circuit breaker handle accessories shall provide provisions for locking handle in the ON and OFF position.

8. All circuit breakers shall be UL Listed for reverse connection without restrictive line and load markings and be suitable for mounting in any position.

9. Circuit breakers shall be constructed with factory installed mechanical lugs. All circuit breakers shall be UL Listed to accept field installable/removable mechanical type lugs. Lug body shall be bolted in place; snap in design not acceptable. All lugs shall be UL Listed to accept solid (not larger than #8 AWG) and/or stranded copper and aluminum conductors. Lugs shall be suitable for 90°C rated wire, sized according to the 75°C temperature rating in the CEC.

10. All circuit breakers shall be capable of accepting bus connections.

B. Thermal-Magnetic Circuit Breakers

1. Circuit breakers shall have a permanent trip unit containing individual thermal and magnetic trip elements in each pole.
71 2. Thermal trip elements shall be factory preset and sealed. Circuit breakers shall be true RMS sensing and thermally responsive to protect circuit conductor(s) in a 40°C ambient temperature.

3. Circuit breaker frame sizes above 100 amperes shall have a single magnetic trip adjustment located on the front of the circuit breaker.

4. Provide equipment ground fault protection where shown on Drawing with the following features.
a. Ground fault sensing system shall be modified zero sequence sensing type and not require any external power to trip the circuit breaker. b. The ground fault sensing system shall be suitable for use on grounded systems. The ground fault sensing system shall be suitable for use on three- phase, three-wire circuits where the system neutral is grounded but not carried through the system or on three-phase, four-wire systems. c. Ground fault pickup current setting and time delay shall be field adjustable. A switch shall be provided for setting ground fault pickup point. A means to seal the pickup and delay adjustments shall be provided
d. The ground fault sensing system shall include a ground fault memory circuit to sum the time increments of intermittent arcing ground faults above the pickup point.
e. A means of testing the ground fault system to meet the on-site testing requirements of CEC 230.95 (C) shall be provided.
f. Local visual ground fault trip indication shall be provided. g. The ground fault sensing system shall be provided with Zone Selective Interlocking (ZSI) communication capabilities compatible with other thermal magnetic circuit breakers equipped with ground fault sensing, electronic trip circuit breakers with integral ground fault sensing and external ground fault sensing systems as noted on Drawings.

C. Electronic Trip Circuit Breakers

1. Circuit breaker trip system shall be a microprocessor-based true RMS sensing design with sensing accuracy through the thirteenth (13th) harmonic. Sensor ampere ratings shall be as indicated on Drawings.

2. The integral trip system shall be independent of any external power source and shall contain no less than industrial grade electronic components.

3. The ampere rating of the circuit breaker shall be determined by the combination of an interchangeable rating plug, the sensor size and the long-time pickup adjustment on the circuit breaker. The sensor size, rating plug and adjustment positions shall be clearly marked on the face of the circuit breaker. Circuit 72 breakers shall be UL Listed to carry 80% (or 100% where noted on Drawings) of their ampere rating continuously.

4. The following time/current response adjustments shall be provided. Each adjustment shall have discrete settings and shall be independent of all other adjustments.
a. Instantaneous Pickup
b. Long Time Pickup
c. Long Time Delay
d. Short Time Pickup
e. Short Time Delay
f. Ground Fault Pickup (when specified with ground fault protection) g. Ground Fault Delay (when specified with ground fault protection)

5. A means to seal the trip unit adjustments in accordance with CEC 240.6 (B) shall be provided.

6. Local visual trip indication for overload, short circuit and ground fault trip occurrences shall be provided.

7. An ammeter to individually display all phase currents flowing through the circuit breaker shall be provided. All current values shall be displayed in true RMS with 2% accuracy.

8. Long Time Pickup indication to signal when loading approaches or exceeds the adjusted ampere rating of the circuit breaker shall be provided.

9. The trip system shall include a Long Time memory circuit to sum the time increments of intermittent overcurrent conditions above the pickup point. Means shall be provided to reset Long Time memory circuit during primary injection

10. An ammeter to individually display all phase currents flowing through the circuit breaker shall be provided. Indication of inherent ground fault current flowing in the system shall be provided on circuit breakers with integral ground fault protection. All current values shall be displayed in true RMS with 2% accuracy.

11. Circuit breakers shall be equipped with back-up thermal and magnetic trip system.

12. Equipment Ground Fault Protection shall be provided where noted on Drawings. a. Circuit breakers shall be provided with integral equipment ground fault protection for grounded systems. The circuit breaker shall be suitable for use 73 on three-phase, three-wire circuits where the system neutral is grounded but not carried through the system or on three-phase, four-wire systems. b. A separate neutral current transformer shall be provided for three-phase, four-wire systems.
c. Ground fault sensing system shall be residual sensing type. d. The trip system shall include a ground fault memory circuit to sum the time increments of intermittent ground faults above the pickup point. e. A means of testing the ground fault system to meet the on-site testing requirements of CEC 230.95 (C) shall be provided.
f. Local visual trip indication for a ground fault trip occurrence shall be provided. g. The ground fault sensing system shall be provided with Zone Selective Interlocking (ZSI) communication capabilities compatible with other thermal magnetic circuit breakers equipped with ground fault sensing, electronic trip circuit breakers with integral ground fault sensing and external ground fault sensing systems as noted on Drawings.

13. Circuit breaker trip system shall be equipped with an externally accessible test port. Disassembly of the circuit breaker shall not be required for testing. Test set shall be capable of verifying the operation of all trip functions with or without tripping the circuit breaker.

PART 15 -EXECUTION

15.01 PREPARATION
A. Notify Engineer no later than 10 working days for adjustable circuit breaker settings not shown within Drawings. Submit to Engineer the following information:

1. Panel, switchboard name/ID

2. Circuit breaker identifier (i.e., main circuit breaker, load served, etc.)

3. List of necessary settings (i.e., trip settings, time delays, etc.)

15.02 INSTALLATION
A. Install equipment and their accessories in to manufacturer's instructions, pertinent Codes, and with recognized industry practices to insure device operates properly.

B. Tighten electrical connectors and terminals in accordance to manufacturer's requirements. Where the manufacturer does not have published torque tightening values, comply with the requirements of UL 468.

15.03 FIELD QUALITY CONTROL
74 A. Check tightness of circuit breaker connections using a calibrated torque wrench or torque screwdriver per manufacturer's written specifications.

B. Contractor to obtain the services of an independent testing company who shall provide quality control and adjustments as well as tests for

1. Check each circuit breaker above 100A on a 225A frame for long-time and short- time delay pickup and instantaneous pickup.
a. Instantaneous pickup current shall be determined by 4 cycles or less. b. b. Perform timing test with 300% of breaker trip unit rated current. c. Adjust unit if required, so that the tripping characteristics are within the limits of the published time-current characteristic curves for that particular trip unit.

2. Test and calibrate ground fault protection trip and pickup time on 225A frame breakers and larger.

C. Physically test key interlock systems to check for proper functionality.

D. Check and set where required all protective device settings in accordance with approved coordination study settings and conduct ground fault acceptance tests.

15.04 ADJUSTING
A. Adjust all operating mechanisms for free mechanical movement per manufacturer's specifications.

B. Adjust circuit breaker trip and time delay settings to values indicated as instructed by Engineer.

1. Check each circuit breaker above 100A, long-time and short-time delay pickup and instantaneous pickup. Instantaneous pickup current shall be determined by 4 cycles or less. Perform timing test with 300% of breaker trip unit rated current.

Adjust unit if required, so that the tripping characteristics are within the limits of the published time-current characteristic curves for that particular trip unit.

2. Main circuit breaker ground fault setting shall be per CEC 230.95 (A) or as directed by Engineer.

15.05 PROTECTION
A. When directed by Engineer provide physical means to "permanently fix" settings for rotary and DIP type switches with a thin coat of clear lacquer.

15.06 CLEANING
A. Remove marks, dirt and debris from installed equipment surfaces for "new like" appearance.
75 SECTION 26-32-13 ENGINE GENERATOR
PART 1 - GENERAL

SUMMARY
A. • Section includes

1. Provide all labor, materials and equipment necessary to complete the installation required for the items specified under this Section, including but not limited to engine generators, its accessories and controls.

Related work under this section

2. Where items specified in other Division 26 sections conflict with the requirements of this Section, the most stringent requirement shall govern. a. 26 05 26 - Grounding and Bonding for Electrical Systems b. 26 18 11 - Overcurrent Protection Devices
The requirements of this Section apply to all Division 26 work, as applicable.

3. Consult all other sections, determine the extent and character of related work and properly coordinate work specified herein with that specified elsewhere to produce a complete installation.

1.02 REFERENCES
A. The generator set and its installation and on-site testing shall conform to the requirements of the following codes and standards:

1. CCR -California Code of Regulations, Title 24
a. Part 3 -California Electrical Code(CEC); NFPA 70 National Electrical Code (NEC) with California amendments
b. Part 9 -California Fire Code; WECA Uniform Fire Code (UFC) with California amendments
FCC Part 15, Subpart B.

2. ISO -International Organization for Standardization
a. 8528; Reciprocating Internal Combustion Engine Driven Alternating Current Generating Sets (All Parts)

3. IEEE -Institute of Electrical and Electronic Engineers 76 a. C2; National Electrical Safety Code (NESC)
b. 446; Recommended Practice for Emergency and Standby Power Systems for Industrial and Commercial Applications
NECA -National Electrical Contractors Association
c. 404; Recommended Practice for Installing Generator Sets NEMA -National Electrical Manufacturer's Association
d. ICS 1; Industrial Control and Systems: General Requirements e. MG 1; Motors and Generators
MG 2; Safety Standard for Construction and Guide for Selection, Installation, and Use of Electric Motors and Generators
NFPA -National Fire Protection Association
g. 37; Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines
h. 99; Standard for Health Care Facilities
i. 110; Standard for Emergency and Standby Power Systems UL -Underwriters Laboratories, Inc.
j. 508; Standard for Industrial Control Equipment
k. 2085; Standard for Protected Aboveground Tanks for Flammable and Combustible Liquids
I. 2200; Standard for Stationary Engine Generator Assemblies

1.03 SYSTEM DESCRIPTION
A. Provide a 500kW standby power system to supply electrical power at 277/480Volts, 60 Hertz, 3 Phase, 4 Wire. The generator shall consist of a liquid cooled diesel engine, a synchronous AC alternator, and system controls with all necessary accessories for a complete operating system, including but not limited to the items as specified hereinafter.

B. The stand-by generator set shall be supplied to operate on No. 2 diesel fuel. The engine shall be liquid cooled by means of engine mounted radiator.

C. The stand-by generator set shall be rated continuous stand-by (defined continuous for the duration of any power outage) per Part 2 below.

D. Engine: The turbo charged engine shall be diesel fueled, 4 cycle, liquid cooled, with a governed speed of 1800 Engine shall turbocharged i with 77 intercooler/aftercooler, forged steel crankshaft and rods. Engine shall be equipped with 90% efficient controls for crankcase emissions, in full conformance with the latest and applicable California Air Resources requirements and all local emissions requirements. Submit certifications with the submittals.

1.04 SUBMITTALS
A. Submit manufacturer's data for materials specified within this Section in accordance to Section 26 05 00.

B. The submittal shall contain the following minimum information:

1. Engine Generator specification sheet

2. Controls specification sheets)

3. Installation / Layout dimensional drawing
Wiring schematic

5. Sound data

6. Emission certification

7. Warranty statement
Manufacturer shall assist Owner in acquiring all necessary CARB installation and initial operation permits for the gen-set.

1.05 QUALITY ASSURANCE
A. Installation shall conform to NECA 404, Recommended Practice for Installing Generator Sets unless otherwise specified.

B. The engine shall be equipped with all devices and accessories required to meet the California Air Resources Board and other applicable State and Local emissions standards.

1.06 DELIVERY, STORAGE AND HANDLING
A. Handle carefully to avoid damage to internal components, enclosure and finish.

B. Store in a clean, dry environment. Maintain factory packaging and, if required, provide an additional cover to protect enclosure in harsh environments.

1.07 WARRANTY
A. Furnish one-year guarantee in accordance with and in form required under Section 26 05 00.
78 B. The generator set and associated equipment shall be warranted for a period of not less than 5 years from the date of commissioning against defects in materials and workmanship.

C. Service and support

1. The manufacturer of the generator set shall maintain service parts inventory at a central location which is accessible to the service location 24 hours per day, 365 days per year.

2. The generator set shall be serviced by a local service organization that is trained and factory certified in generator set service. The supplier shall maintain an inventory of critical replacement parts at the local service organization, and in service vehicles. The service organization shall be on call 24 hours per day, 365 days per year.

3. The manufacturer shall maintain model and serial number records of each generator set provided for at least 20 years.

1.08 SYSTEM STARTUP
A. Refer to manufacturer's documentation to start-up procedures and requirements.

PART 2 - PRODUCTS

MANUFACTURER
A. All equipment shall be new and of current production of a National firm, who manufactures the generator, engine, control panel, acoustical assemblies comprising the stand-by generator set as a matched unit, having a service and parts organization.

B. CAT C18 500kE or equivalent with a Level 2 sound housing and capable of future paralleling with another CAT generator.

2.02 ENGINE
A. Engine Rating and Performance

1. The prime mover shall be a liquid cooled, diesel fueled, turbocharged after- Ted output eate deer lested or a horsepower to a chieve

2. The engine shall support a 100% load step.

3. The generator system shall support generator start-up and load transfer within 10 seconds.
79 B. Engine Oil System

1. Full pressure lubrication shall be supplied by a positive displacement lube oil pump. The engine shall have a replaceable oil filters) with internal bypass and replaceable elements).

2. The engine shall operate on mineral based oil. Synthetic oils shall not be required

3. The oil shall be cooled by a oil cooler which is integrated into the engine system.

Engine Cooling System

4. The engine is to be cooled with a unit mounted radiator, fan, water pump, and closed coolant recovery system. The coolant system shall include a coolant fill box which will provide visual means to determine if the system has adequate coolant level. The radiator shall be designed for operation in 122 degrees F, (50 degrees C) ambient temperature.

5. The engine shall have (a) unit mounted, thermostatically controlled water jacket heater(s) to aid in quick starting. The wattage shall be as recommended by the manufacturer.

6. Engine coolant and oil drain extensions, equipped with pipe plugs and shut-off valves, must be provided to the outside of the mounting base for cleaner and more convenient engine servicing.

7. A radiator fan guard must be installed for personnel safety that meets UL and OSHA safety requirements.

Engine Starting System

8. Starting shall be by a solenoid shift, DC starting system.

9. The engine's cranking batteries shall be lead acid. The batteries shall be sized per the manufacturer's recommendations. The batteries supplied shall meet NFPA 110 cranking requirements of 90 seconds of total crank time. Battery specifications (type, amp-hour rating, cold cranking amps) to be provided in the submittal.

10. The genset shall have an engine driven, battery charging alternator with integrated voltage regulation.

11. The genset shall have an automatic dual rate, float equalize, 10 amp battery charger. The charger must be protected against a reverse polarity connection The chargers charging current shall be monitored within the generator controller to support remote monitoring and diagnostics. The battery charger is to be factory installed on the generator set. Due to line voltage drop concerns, a battery charger mounted in the transfer switch will be unacceptable. 80 C. Engine Fuel System

1. The engine fuel system shall be designed for operation on #2 diesel fuel and cold weather diesel blends.

2. The engine shall include a primary fuel filter, water separator, manual fuel priming pump, and engine flexible fuel lines must be installed at the point of manufacture. Element shall be replaceable paper type.

3. The engines suction line shall be fitted with a check valve to secure prime for the engines injection pump.

Engine Controls

4. Engines that are equipped with an electronic engine control module (ECM), shall monitor and control engine functionality and seamlessly integrate with the genset controller through digital communications. ECM monitored parameters shall be integrated into the genset controllers NFPA 110 alarm and warning requirements.

All ECM fault codes shall be displayed at the genset controller in standard language - fault code numbers are not acceptable.

5. For engines without ECM functionality or for any additional genset controller monitoring, sensors are to be conditioned to a 4-20ma signal level to enhance noise immunity and all sensor connections shall be sealed to prevent corrosion.

6. Engine speed shall be controlled with an integrated isochronous governor function with no change in alternator frequency from no load to full load. Steady state regulation is to be 0.25%.

Engine Exhaust & Intake

7. The engine exhaust emissions shall meet the EPA emission requirements for standby power generation.

8. The manufacturer shall supply its recommended stainless steel, flexible connector to couple the engine exhaust manifold to the exhaust system. A rain cap will terminate the exhaust pipe after the silencer. All components must be properly sized to assure operation without excessive back pressure when installed

9. The manufacturer shall supply a critical grade exhaust silencer as standard. For applications with site specific sound requirements (reference section 1.1), the silencer shall be selected to achieve site sound levels.

10. For gensets in a weather or sound attenuated enclosure, all exhaust piping from the turbo-charger discharge to the silencer shall be thermally wrapped to minimize heat dissipation inside the enclosure.

11. The engine intake air is to be filtered with engine mounted, replaceable, dry element filters.
81 2.03 ALTERNATOR
A. The alternator shall be the voltage and phase configuration as specified in this Section.

B. The alternator shall be a 4 pole, revolving field, stationary armature, synchronous machine. The excitation system shall utilize a brushless exciter with a three phase ull wave rectifier assembly protected against abnormal transient conditions by a surge protector. Photo-sensitive components will not be permitted in the rotating exciter.

C. The alternator shall include a permanent magnet generator (PMG) for excitation support. The system shall supply a minimum short circuit support current of 300% of the rating (250% for 50Hz operation) for 10 seconds.

D. Three phase alternators shall be 12 lead, broad range capable of supporting voltage reconnection. Single phase alternators shall be four lead and dedicated voltage designs (600v) shall be six lead. All leads must be extended into a NEMA 1 connection box for easy termination. A fully rated, isolated neutral connection must be included by the generator set manufacturer.

E. The alternator shall use a single, sealed bearing design. The rotor shall be connected to the engine flywheel using flexible drive disks. The stator shall be direct connected to the engine to ensure permanent alignment.

F. The alternator shall meet temperature rise standards of UL2200 (120 degrees C).

The insulation system material shall be class "H" capable of withstanding 150 degrees C temperature rise.

G. The alternator shall be protected against overloads and short circuit conditions by advanced control panel protective functions. The control panel is to provide a time current algorithm that protects the alternator against short circuits. To ensure precision protection and repeatable trip characteristics, these functions must be implemented electronically in the generator control panel -- thermal magnetic breaker implementation are not acceptable.

H. An alternator strip heater shall be installed to prevent moisture condensation from forming on the alternator windings. A tropical coating shall also be applied to the alternator windings to provide additional protection against the entrance of moisture.

2.04 CONTROLS
A. The generator control system shall be a fully integrated microprocessor based control system for standby emergency engine generators meeting all requirements of NFPA 110 level 1.

B. The generator control system shall be a fully integrated control system enabling Functions The generator so tuiler shal provide integrarat and dilal cerator over 82 all generator functions including: engine protection, alternator protection, speed governing, voltage regulation and all related generator operations. The generator controller must also provide seamless digital integration with the engine's electronic engine control module (ECM) if so equipped. Generator controller's that utilize separate voltage regulators and speed governors or do not provide seamless integration with the engine management system are considered less desirable.

C. Communications shall be supported with building automation via the Modbus protocol without network cards. Optional internet and intranet connectivity shall be available.

D. The control system shall provide an environmentally sealed design including encapsulated circuit boards and sealed automotive style plugs for all sensors and circuit board connections. The use of non-encapsulated boards, edge cards, and po ribbon cable connections are considered unacceptable.

E. Circuit boards shall utilize surface mount technology to provide vibration durability.

Circuit boards that utilize large capacitors or heat sinks must utilize encapsulation methods to securely support these components.

F. A predictive maintenance algorithm that alarms when maintenance is required. The controller shall have the capability to call out to the local servicing dealer when maintenance is required.

G. Diagnostic capabilities should include time-stamped event and alarm logs, ability to capture operational parameters during events, simultaneous monitoring of all input or output parameters, callout capabilities, support for multi-channel digital strip chart functionality and .2 msec data logging capabilities.

H. In addition to standard NFPA 110 alarms, the application loads should also be protected through instantaneous and steady state protective settings on system voltage, frequency, and power levels.

1. The control system shall provide pre-wired customer use I/O: 4 relay outputs (user definable functions), communications support via RS232, RS485, or an optional modem. Additional I/O must be an available option.

J. Customer I/O shall be software configurable providing full access to all alarm, event, data logging, and shutdown functionality. In addition, custom ladder logic functionality inside the generator controller shall be supported to provide application support flexibility. The ladder logic function shall have access to all the controller inputs and customer assignable outputs.

K. The control panel will display all user pertinent unit parameters including: engine and alternator operating conditions; oil pressure and optional oil temperature; coolant temperature and level alarm; fuel level (where applicable); engine speed; DC battery voltage; run time hours; generator voltages, amps, frequency, kilowatts, and power factor; alarm status and current alarm(s) condition per NFPA 110 level 1.

2.05 ENGINE / ALTERNATOR PACKAGING
83 A. The engine/alternator shall be isolated from the generator frame with rubber isolators. The packaging shall not require the addition of external spring isolators.

B. A mainline, thermal magnetic circuit breaker carrying the UL mark shall be factory installed. The breaker shall rated between 100 to 125% of the rated ampacity of the genset. The line side connections are to be made at the factory. Output lugs shall be provided for load side connections.

C. A second mainline, thermal magnetic circuit breaker carrying the UL mark shall be factory installed. The line side connections are to be made at the factory. Output lugs shall be provided for load side connections.

D. The generator shall include a unit mounted 120 volt convenience outlet.

E. Enclosure

1. The genset shall be packaged with a sound attenuating enclosure with a maximum rating of 75dBA at any location 23 feet from the generator set in a free field environment.

2. The enclosure shall be completely lined with sound deadening material. This material must be of a self extinguishing design.

The enclosure shall be made of steel with a minimum thickness of 14 gauge.

The enclosure is to have hinged, removable doors to allow access to the engine, alternator and control panel. The hinges shall allow for door fit adjustment.

Hinges and all exposed fasteners will be stainless steel or JS5000. The use of pop-rivets weakens the paint system and not allowed on external painted surfaces. Key-locking and pad-lockable door latches shall be provided for all doors.

4. The enclosure shall be coated with electrostatic applied powder paint, baked and finished to manufacturer's specifications. The color will be manufacturer's standard.

5. The enclosure shall utilize an upward discharging radiator hood. Due to concerns relative to radiator damage, circulating exhaust, and prevailing winds, equipment without a radiator discharge hood will not be acceptable.

6. The genset silencer shall be mounted on the discharge hood of the enclosure.

Due to architectural concerns, silencers mounted on the top of the generator enclosure are not acceptable. Gensets with silencers mounted inside the main generator compartment are acceptable only if the silencer is thermally wrapped to minimize heat stress on the surrounding components.

Base:

7. The engine-generator set shall be mounted with vibration isolators Caldyn or equal, on a heavy duty steel base to maintain proper alignment betweer components. The engine-generator set shall incorporate a battery tray witt battery hold-down clamps within the base rails.
84 F. Sub-base fuel tank

1. The packaging shall include a double wall, sub-base mounted, UL142 listed fuel tank. The tank shall be sized to provide 24 hours of run time.

2. The tank shall include fuel suction and return connections, normal and emergency vents, secondary containment emergency vent and rupture basin sensor, mechanical fuel level indication and a stub-up area convenient for electrical conduit entry.

3. The fuel tank shall use an electric fuel sensor to provide an analog indication of fuel level. The controller shall have a warning indication on low fuel level and provide optional shutdown functionality for low, low fuel level.

4. The fuel tank shall have a sloped top and bottom. The sloped top allows water to run off. The sloped bottom allows the water and other impurities in the fuel to collect near the back of the tank away from the fuel suction point.

5. The fuel tank must be supplied by the engine-generator set manufacturer and be installed before shipment.

2.06 LOOSE ITEMS
A. Supplier to itemize loose parts that require site mounting and installation. Preference will be shown for gensets that factory mount items like mufflers, battery chargers, B. Spare Parts:

1. Fuses: One spare set

2. Filters One spare set (air, fuel, oil)
PART 3 -EXECUTION

INSTALLATION
A. Equipment shall be installed by the contractor in accordance with final submittals and Drawings. Installation shall comply with applicable state and local codes as required by the authority having jurisdiction. Install equipment in accordance with manufacturer's instructions and instructions included in the listing or labeling of UL listed products.

B. Installation of equipment shall include furnishing and installing all interconnecting wiring between all major equipment provided for the on-site power system. The contractor shall also perform interconnecting wiring between equipment sections (when required), under the supervision of the equipment supplier. Provide flexible 85 C. Equipment shall be installed on concrete housekeeping pads. Equipment shall be permanently fastened to the pad in accordance with manufacturer's instructions and seismic requirements of the site.

D. Equipment shall be initially started and operated by representatives of the manufacturer.

E. All equipment shall be physically inspected for damage. Scratches and other installation damage shall be repaired prior to final system testing. Equipment shall be thoroughly cleaned to remove all dirt and construction debris prior to initial operation and final testing of the system.

3.02 STARTUP AND COMMISSIONING
A. The supplier of the electric generating plant and associated items covered herein shall provide factory trained technicians to checkout the completed installation and to perform an initial startup inspection to include:

1. Ensuring the engine starts (both hot and cold) within the specified time.

2. Verification of engine parameters within specification.

3. Verify no load frequency and voltage, adjusting if required.

4. Test all automatic shutdowns of the engine-generator.

5. Perform a load test of the electric plant, ensuring full load frequency and voltage are within specification by using building load.

Provide documentation of the above tests in accordance to NFPA 110.

3.03 TESTING
A. The complete installation shall be tested for compliance with the specification following completion of all site work. Testing shall be conducted by representatives of the manufacturer, with required fuel supplied by Contractor. The Engineer shall be notified in advance and shall have the option to witness the tests.

B. Installation acceptance tests to be conducted on-site shall include a "cold start" test, a two hour full load test, and a one step rated load pickup test in accordance with NFPA 110. Provide a resistive load bank and make temporary connections for full load test.

C. Perform a power failure test on the entire installed system. This test shall be conducted by opening the power supply from the utility service, and observing proper operation of the system for at least 2 hours. Coordinate timing and obtain approval for start of test with site personnel.

D. After installation, the Contractor shall demonstrate to the Owner and the Local Fire Authority that the fuel system is complete, without leaks and is seismically braced. 86 3.04 TRAINING
A. Training is to be supplied by the start-up technician during commissioning. The training should cover basic generator operation and common generator issues that can be managed by the end-user.

B. Training is to include manual operation of system.

END OF SECTION
87 EXHIBIT "C" - SPECIAL CONDITIONS
ARTICLE 1 BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit "F" to the Contract. Failure to do so may, in the sole discretion of City, result in the forfeiture of Contractor's bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.
88 EXHIBIT "D" - CERTIFICATION LABOR CODE
SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seg., of the ›alitornia Labor Code which require every employer to be insured against liability for Worker':

Compensation or to undertake self-insurance in accordance with the provisions of the Code, anc 1, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

Day's Generator Service
TINSERT CONTRACTOR NAME]
sure ry Clator Day
Signature
Austin Day
Name (Print)
President Days Generator Service
Title (Print)
89 EXHIBIT "E" - PUBLIC WORKS CONTRACTOR

REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.'
Name of Contractor: Day's Generator Service
DIR Registration Number: PW-LR-1000640343
DIR Registration Expiration: 06-30-25
Small Project Exemption: Yes or _ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:

Contractor shall maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. • Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor.. Day's Generator Service
Signature Austin Day Auster Do
Name and Title President Days Generator
Dated | 09-10-2023
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark "Yes" in response to "Small 90 EXHIBIT "F" - PAYMENT AND PERFORMANCE
BONDS
91 PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Merced (hereinafter referred to as "City") has awarded to (hereinafter referred as "Contractor")
an agreement for
(hereinafter referred to as the "Project").

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated _ (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, - the undersigned Contractor and
as Surety, a corporation organized and
duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of DOLLARS,
_), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option:
92 (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of _ 20_.
(Corporate Seal)
Contractor/ Principal
By.

Title
(Corporate Seal) Surety
93 By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title.

The rate of premium on this bond is per thousand. The total amount of premium charges, $_
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
94 Notary Acknowledgment

STATE OF CALIFORNIA

COUNTY OF
On - 20 _ before me, _ Notary Public, personally
appeared _, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
hough the information below is not required by law, it may prove valuable to persons relying on the documen and could prevent fraudulent removal and reattachment of this form to another documen

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT • Individual
• Corporate Officer
Title(s) Title or Type of Document
o Partners) Limited
General Number of Pages
• Attorney-In-Fact
• Trustee(s)
• Guardian/Conservator Date of Document
• Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
95 PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Merced (hereinafter designated as the "City"), by action taken or a resolution passed has awarded to hereinafter
desigoated as the principal" a contract for the work described as follows:
(the "Project"); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated ("Contract Documents"), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and _ as Surety,
are held and firmly bound unto the City in the penal sum of _ _ lawful money of the United States of America, for
the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by 96 any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of _20_
(Corporate Seal)
Contractor/ Principal
By
Title.
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
ignatures of those signing for the Contractor and Suretv must be notarized and evidence o orporate authority attached. A Power-of-Attorney authorizing the person signing on behalt the Surety to do so must be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
97 Notary Acknowledgment

STATE OF CALIFORNIA

COUNTY OF
On → 20. , before me, _ Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the documen and could prevent fraudulent removal and reattachment of this form to another document

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT • Individual
• Corporate Officer
Title(s) Title or Type of Document
• Partners) Limited
General Number of Pages
• Attorney-In-Fact
• Trustee(s)
• Guardian/Conservator Date of Document
• Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
98

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