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25-118 Rex Moore Group, Inc. for Senior Center Fire Alarm System ReplacementSenior Center Fire Alarm System Replacement Project CIP #2019-02, NWS# BAI 001 Page 1 Contract This public works contract (“Contract”) is entered into by and between the City of Cupertino (“City”) Rex Moore Group, Inc. (“Contractor”), for work on the Senior Center Fire Alarm System Replacement Project (“Project”). The parties agree as follows: 1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On June 11, 2025, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below. 2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract. 2.1 Notice Inviting Bids; 2.2 Instructions to Bidders; 2.3 Addenda, if any; 2.4 Bid Proposal and attachments thereto; 2.5 Contract; 2.6 Payment and Performance Bonds; 2.7 General Conditions; 2.8 Special Conditions; 2.9 Project Plans and Specifications; 2.10 Change Orders, if any; 2.11 Notice of Potential Award; 2.12 Notice to Proceed; and 2.13 The following: 3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. 4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $128,034.00 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions. 5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 180 calendar days from the start date set forth in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion. Senior Center Fire Alarm System Replacement Project CIP #2019-02, NWS# BAI 001 Page 2 6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $500 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract. 7. Labor Code Compliance. 7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions. 7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR. 7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions. 8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.” 9. Conflicts of Interest. Contractor, its employees, Subcontractors, and agents may not have, maintain, or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract. 10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City. 11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows: City: Public Works Department 10300 Torre Avenue Cupertino, CA 95014 Senior Center Fire Alarm System Replacement Project CIP #2019-02, NWS# BAI 001 Page 3 408-777-3269 Attn: Jimmy Tan, P.E. jimmyt@cupertino.gov Copy to: Susan Michael susanm@cupertino.gov Contractor: Name Rex Moore Group, Inc. Address 601 Outfall Circle City/State/Zip Sacramento, CA 95828 Phone 916-508-0906 Contact name James Bannister Contact email address James.Bannister@rexmoore.com CC Contact name CC Contact email address 12. General Provisions. 12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns. 12.2 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Contract. 12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Santa Clara County, California. 12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. 12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect. 12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. 12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally Senior Center Fire Alarm System Replacement Project CIP #2019-02, NWS# BAI 001 Page 4 binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code § 313. [Signatures are on the following page.] Senior Center Fire Alarm System Replacement Project CIP #2019-02, NWS# BAI 001 Page 5 The parties agree to this Contract as witnessed by the signatures below: CITY: Approved as to form: s/ s/ Name, Title Name, Title Date: Date: Attest: s/ Name, Title Date: CONTRACTOR: Business Name s/ Seal: Name, Title Date: Second Signature (See Section 12.8): s/_____________N/A Name, Title Date: Contractor’s California License Number(s) and Expiration Date(s) END OF CONTRACT Jason R. Blum Jason Blum, President 07/23/2025 Rex Moore Group Inc. 976827 Exp 9/30/2026 Michael Woo, Senior Assistant City Attorney 07/23/2025 Chad Mosley, Director of Public Works 07/24/2025 City Clerk 07/24/2025 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/20/2025 License # 0C36861 (415) 403-1449 (415) 874-4818 20095 Rex Moore Group Inc. 6001 Outfall Circle Sacramento, CA 95828 19489 20443 39462 A 1,000,000 X X CLP3756891 5/1/2025 5/1/2026 300,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000A X X CAP3756893 5/1/2025 5/1/2026 5,000,000B 03055265 5/1/2025 5/1/2026 5,000,000 A X WC3756890 5/1/2025 5/1/2026 1,000,000 Y 1,000,000 1,000,000 C Installation Floater 7018580099 5/1/2025 Per Occ./5K Deduct 15,000,000 D Pollution Liab.X X PCADB50277530525 5/1/2025 5/1/2026 Ea Claim/Aggregate 2,000,000 Re: Senior Center Fire Alarm System Replacement Project - CIP #2019-02, NWS# BAI 001 The City of Cupertino, including its Council, officials, officers, employees, agents, volunteers and consultants are included as additional insured as respects General Liability on a primary and non-contributory basis, Automobile Liability and Pollution Liability, per the attached endorsements. General Liability, Automobile Liability, Pollution Liability and Workers' Compensation waiver of subrogation applies in favor of the above referenced additional insureds, per the attached endorsements. Excess/Umbrella follows form over GL, Auto and Employers Liability. 30 Days Notice of Cancellation for Non-Renewal and 10 Days Notice of Cancellation for Non-Payment of Premiums City of Cupertino Public Works Department 10300 Torre Avenue Cupertino, CA 95014 DEDMNPT-01 TTAGANAP Alliant Insurance Services, Inc. 560 Mission St 6th Fl San Francisco, CA 94105 Laurie Phirippidis lphirippidis@alliant.com BITCO General Insurance Corp Allied World Assurance Company (U.S.) Inc Continental Casualty Company Berkley Assurance Company X 5/1/2026 X X X X X X X X POLICY NUMBER: CLP3756891 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. As Required by Written Contract As Required by Written Contract Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. POLICY NUMBER: CLP3756891 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. As Required by Written Contract As Required by Written Contract Named Insured Policy Number CLP3756891 Endorsement No.000 Policy Period 05/01/25 05/01/2 6 Endorsement Effective Date: 05/01/25 Producer Number: AUTHORIZED REPRESENTATIVE DATE CG EN GN 0029 09 06 BITCO GENERAL INSURANCE CORP. CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Person(s) Location(s) of Covered Operations Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown in the schedule above unless the other insurance is provided by a contractor other than the person or organization shown in the schedule above for the same operation and job location. If so, we will share with that other insurance by the method described in paragraph 4.c. of Section IV Commercial General Liability Conditions. All other terms and conditions remain unchanged. 05/01/25 POLICY NUMBER: CLP3756891 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. As Required by Written Contract Subject to policy terms and conditions Named Insured R I Policy Number CAP3756893 Endorsement No.000 Policy Period 5 6Endorsement Effective Date: 5 A I I Producer Number: AUTHORIZED REPRESENTATIVE DATE CA EN GN 0044 02 12 Page 1 of 1 BITCO GENERAL INSURANCE CORP. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. SCHEDULE Name of Person(s) or Organization(s): (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. have coverage as a first named insured under another policy, this policy is primary to and non-contributory with that other insurance. All other terms, conditions, and exclusions apply. 5 WHERE REQUIRED BY WRITTEN CONTRACT POLICY NUMBER: CAP3756893 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. © Insurance Services Office, Inc., 2011 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Rex Moore Group, Inc. Endorsement Effective Date: 05/01/2025 SCHEDULE Name(s) Of Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. As Required by Written Contract BITCO GENERAL INSURANCE CORP. Named Insured Re oore rou nc Policy Number WC3756890 Endorsement No. 000 Policy Period 5 to 6Endorsement Effective Date: 5 Aiant nsurance erices nc Producer Number: AUTHORIZED REPRESENTATIVE DATE WC 99 03 15 (09/06) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule The premium charge for this endorsement is $0.00 5 As Required by Written Contract Policy Form: PERFORM-10002 (05-16) M. Information Technology Products means a computer or telecommunication hardware or software product or other electronic product that is used, created, developed or manufactured by or for you, including software updates, service packs and other maintenance releases for such products. N. Information Technology Services means: 1. Consulting on, design of, development of, analysis of, integration of, interface of, modification of and programming of software, hardware, networks, telecommunication systems and electronic or digital devices performed by you or on your behalf for your clients; 2. installation of, training in the use of, support of, servicing of, maintenance of, repair of your Information Technology Products; 3. marketing of, selling of, licensing of and distribution of Information Technology Products; 4. storage of, warehousing of, mining of and processing of data by you; 5. managing, operating, administering and hosting Information Technology Products for your clients; or 6. activities performed on your website(s); but shall not mean Information Technology Products. O. Insured means: 1. the Named Insured; or 2. any fully owned subsidiary corporations or subsidiary limited liability companies of the Named Insured, of any tier, in the past, as now constituted or hereafter constituted, subject to the limitations in Paragraph 9. of this Definition for the newly acquired or formed entities described therein; or 3. any present or former partner, director, officer, manager, member, shareholder, principal, trustee, or employee of the Named Insured solely while acting on behalf of the Named Insured, but this Paragraph 3. shall not make any entity an Insured solely because of its participation with the Named Insured in a legal entity such as a joint venture or limited liability company; or 4. any Insured with regard to its participation in a legal entity, including a joint venture or limited liability company, but solely for the Named Insured’s legal liability arising out of the performance of Professional Services,Contractor Activities,Media Activities or Information Technology Services under the respective legal entity, and such legal entity itself, or any other entity other than an Insured that is part of the legal entity, are not Insureds; or 5. with regard to Coverage C only, any client of the Named Insured, or other entity or person, that the Named Insured is obligated to name as an additional insured on this Policy pursuant to a written contract, agreement, or permit, executed prior to when the Pollution Claim was first made, and solely as respects Pollution Conditions resulting from the Named Insured’s performance of Contractor Activities; or 6. any entity which is specifically identified as an Insured in the Declarations or by endorsement to this Policy; or 7. the estate, heirs, executors, shareholders, administrators or legal representatives of an Insured in the event of such Insured’s death, incapacity, or bankruptcy, or the spouse or legal domestic partner of any Insured, but only to the extent such Insured would otherwise be provided coverage under this Policy while acting solely on behalf of the Named Insured; or 8. any prior entity that has been reported to us prior to when the First Party Claim or Claim was first made and whose assets, partners, principals, or shareholders were acquired by the Named Insured, and for which the Named Insured is required to provide liability insurance under a written contract or agreement executed before the First Party Claim or Claim was first made; or 9. any entity newly formed or acquired by the Named Insured during the Policy Period in which the Named Insured has more than 50% legal or beneficial interest and over which the Named Insured exercises management or financial control and has agreed in writing to provide insurance for such POLICY NUMBER: PCADB50277530525 Page 19 of 19 Policy Form: PERFORM-10002 (05-16) J. Authorization Clause By acceptance of this Policy, the first Named Insured shall be the sole agent of and shall act on behalf of the Insureds for all purposes as to the Policy, including but not limited to the payment or return of premium, receipt and acceptance of any endorsement issued to form a part of this Policy, providing and receiving notice of cancellation, termination, or nonrenewal, the giving of notices and reporting of First Party Claims,Claims and circumstances, for completing applications and the making of any statements or representations, for making any change to the Policy, and for the exercising or declining to exercise any right under this Policy, including the purchase of an Optional Extended Reporting Period. K. Severability of Policy Provisions If any material provision or clause of this Policy is declared illegal or unenforceable by any court of competent jurisdiction and cannot be modified to be enforceable, that provision will immediately become null and void, leaving the remainder of this Policy in full force and effect. L. Severability of Insureds (Coverages B, C, D and E) Except with respect to the Limits of Liability and Self-Insured Retentions, the Authorization Clause of this Conditions Section and as otherwise provided in this Policy, this insurance applies as if each Insured were the only Insured and separately to each Insured against whom a Claim is made. M. Other Insurance This Policy is excess over the Self-Insured Retention and any other valid and collectible liability insurance available to you, whether such other insurance is stated to be primary, pro-rata, contributory, excess, contingent, self-insured or otherwise, unless such other insurance is written specifically excess of this Policy by reference in such other policy to the Policy number in this Policy’s Declarations. When any other insurance has a duty to defend a Claim, we will have no duty to defend the Claim; if no such other insurance defends the Claim, we will have the right but not the duty to defend the Claim. Under Coverage C only, when you are required by written contract, written agreement, or permit, executed prior to when the Pollution Claim was first made, to include any person or entity as an additional Insured, such coverage will be provided on a primary and non-contributory basis to the extent so required. N. Choice of Law All matters arising from or related to this Policy, including without limitation questions related to the validity, interpretation, performance, and enforcement of this Policy, all forms of contractual, tort and statutory claims, and all remedies and entitlement to costs or attorneys’ fees in a dispute over any of the foregoing, shall be determined in accordance with the law and practice of the State of New York (notwithstanding New York’s conflicts of law rules). O. Jurisdiction and Venue It is agreed that, in the event of any dispute arising from or related to this Policy, including without limitation questions related to the validity, interpretation, performance, and enforcement of this Policy, and all forms of contractual, tort and statutory claims, you and we will submit to the jurisdiction of any court (State or Federal) in New York and will comply with all the requirements necessary to give such court jurisdiction. Nothing in this clause constitutes or should be understood to constitute a waiver of your or our right to remove an action to the United States District Court, regardless of the jurisdiction in which an action is commenced. POLICY NUMBER: PCADB50277530525 Policy Form: PERFORM-10002 (05-16) Period, provide a written report to us at the address stated in the Claim Notice attached to this Policy of the circumstance as soon as practicable containing particulars sufficient to identify you and all reasonably obtainable information with respect to: when and how you first became aware of such circumstance; any act, error, omission asserted or believed to be at issue; the services or activities involved in the circumstance; what happened and the dates and entities involved; and the nature of any alleged or potential Loss; then any Claim (except for a Pollution Claim) or First Party Claim arising out of such circumstance shall be deemed to have been made on the date we received the written report of the circumstance. At our sole discretion and cost, we may elect to investigate any circumstance which is reported; any such costs associated with the investigation of a circumstance prior to a Claim being made against you will not be considered Claim Expense, will not reduce the applicable Self-Insured Retention and shall be paid by us in addition to the Limit of Liability. XI. CONDITIONS A. Territory The coverage afforded by this Policy applies worldwide. B. Audit and Inspection Upon reasonable prior notice, we shall be permitted to audit your final books and records at any time during the Policy Period, the Automatic Extended Reporting Period, the Optional Extended Reporting Period, if applicable, and within three years after the final termination of this Policy, as far as they relate to the subject matter of this Policy. We shall also be permitted to inspect, sample, and/or monitor your operations on a continuing basis. Neither our right to make inspections, sample, and/or monitor, nor the actual undertaking thereof, nor any report thereon shall constitute an undertaking, on behalf of us or others, to determine or warrant that your operations are safe, healthful, conform to acceptable practice, or are in compliance with any law, rule, or regulation. C. Subrogation In the event of any payment under this Policy, we shall be subrogated to all of your rights of recovery thereof. You shall execute and deliver all requested instruments and papers in furtherance of such rights to us and do whatever else is reasonably necessary to secure such rights. You shall do nothing to waive or prejudice such rights. We shall have priority in any recovery, and any amounts recovered in excess of our total payment and the cost to us of recovery shall be paid to you. However, we waive our rights of subrogation under this Policy against your clients or their designees (except for a Responsible Entity) to the extent such a waiver is required by a written contract with you executed prior to the Claim. For Coverage A only, we will not subrogate against a Responsible Entity in excess of its collectible insurance, provided it has maintained Recoverable Insurance, regardless of whether or not such Recoverable Insurance is exhausted or reduced. D. Changes None of the provisions of this Policy will be waived, changed, or modified except by written endorsement issued by us to form a part of this Policy. Notice to any of our agents or knowledge possessed by any such agent or any other person will not act as a waiver or change in any part of this Policy and will not prevent us from asserting any rights under the provisions of this Policy. E. Action Against Us Only you can make claims against us under Coverages A and F, and the Supplemental Coverages, of this Policy. No action shall be taken against us with respect to Coverage A unless, as a condition precedent thereto, you shall have fully complied with all the terms of this Policy, and until the amount the Responsible Entity POLICY NUMBER: PCADB50277530525 CITY OF CUPERTINO NOTICE INVITING BIDS SENIOR CENTER FIRE ALARM SYSTEM REPLACEMENT PROJECT 1. Bid Submission. City of Cupertino (“City”) will accept sealed bids for its Senior Center Fire Alarm System Replacement Project (“Project”), by or before May 15, 2025, by 2pm PT, via electronic submission to the City’s “Business Opportunities” online portal in the manner set forth in Section 1 of the Instructions to Bidders, at which time the bids will be opened by the City. 2. Project Information. 2.1 Location and Description. The Project is located at 21251 Stevens Creek Boulevard, Cupertino, CA 95014 and is described as follows: the replacement of the existing fire alarm system of the building as it is past the end of its useful life and the main building Fire Alarm Control Panel is no longer serviceable. The intent is to replace the existing Notifier AFP-400 Fire Alarm Control Panel and provide a one-for-one replacement of all detection, notification, control equipment and wiring. The result will be an addressable, completely supervised, intelligent, digital voice fire alarm system throughout the building. To the greatest extent possible, the existing fire alarm system infrastructure, including cabling (if found to be in acceptable condition) shall be re-used throughout the building. Provide a new amplifier as part of the new fire alarm control panel, new visual and audible voice notification appliances, duct detectors, smoke detectors, manual pull stations, and other initiating and control modules for a fully operational system, meeting the requirements of the applicable codes and standards. Patch and repair any finishes disturbed as a result of fire alarm installation and removal work. Provide new cellular digital alarm communication transmitter. 2.2 Time for Final Completion. The Project must be fully completed within 180 calendar days from the start date set forth in the Notice to Proceed. City anticipates that the Work will begin on or about July 1, 2025, but the anticipated start date is provided solely for convenience and is neither certain nor binding. 2.3 Estimated Cost. The estimated construction cost is $130,000.00. 3. License and Registration Requirements. 3.1 License. This Project requires a valid California contractor’s license for the following classification(s): C-16, Fire Protection Contractors License & C-10 Electrical. 3.2 DIR Registration. City may not accept a Bid Proposal from or enter into the Contract with a bidder, without proof that the bidder is registered with the California Department of Industrial Relations (“DIR”) to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions. 4. Contract Documents. The plans, specifications, bid forms and contract documents for the Project, and any addenda thereto (“Contract Documents”) may be downloaded from City’s Business Opportunities website located at: https://apps.cupertino.gov/bidManagement/index.aspx. 5. Bid Security. The Bid Proposal must be accompanied by bid security of ten percent of the maximum bid amount, in the form of a cashier’s or certified check made payable to City, or a bid bond executed by a surety licensed to do business in the State of California on the Bid Bond form included with the Contract Documents. The bid security must guarantee that within ten days after City issues the Notice of Potential Award, the successful bidder will execute the Contract and submit the payment and performance bonds, insurance certificates and endorsements, valid Certificates of Reported Compliance as required under the California Air Resources Board’s In-Use Off-Road Diesel-Fueled Fleets Regulation (13 CCR § 2449 et seq.) (“Off-Road Regulation”), if applicable, and any other submittals required by the Contract Documents and as specified in the Notice of Potential Award. 6. Prevailing Wage Requirements. 6.1 General. Pursuant to California Labor Code § 1720 et seq., this Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. 6.2 Rates. The prevailing rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Project. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half. 6.3 Compliance. The Contract will be subject to compliance monitoring and enforcement by the DIR, under Labor Code § 1771.4. 7. Performance and Payment Bonds. The successful bidder will be required to provide performance and payment bonds, each for 100% of the Contract Price, as further specified in the Contract Documents. 8. Substitution of Securities. Substitution of appropriate securities in lieu of retention amounts from progress payments is permitted under Public Contract Code § 22300. 9. Subcontractor List. Each Subcontractor must be registered with the DIR to perform work on public projects. Each bidder must submit a completed Subcontractor List form with its Bid Proposal, including the name, location of the place of business, California contractor license number, DIR registration number, and percentage of the Work to be performed (based on the base bid price) for each Subcontractor that will perform Work or service or fabricate or install Work for the prime contractor in excess of one-half of 1% of the bid price, using the Subcontractor List form included with the Contract Documents. 10. Instructions to Bidders. All bidders should carefully review the Instructions to Bidders for more detailed information before submitting a Bid Proposal. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, as defined therein, including this Notice Inviting Bids. 11. Site Visit. A site visit will be held on May 8, 2025 at 10:00am at the following location: 21251 Stevens Creek Boulevard, Cupertino, CA 95014 to acquaint all prospective bidders with the Contract Documents and the Worksite. The bidders’ conference is non-mandatory. /KIRSTEN SQUARCIA/ CITY CLERK CITY OF CUPERTINO PUBLISH 4/25/25 Senior Center Fire System Alarm Replacement Project INSTRUCTIONS TO BIDDERS CIP #2019-02, NWS# BAI 001 Page 3 Instructions to Bidders Each Bid Proposal submitted to the City of Cupertino (“City”) for its Senior Center Fire Alarm System Replacement Project (“Project”) must be submitted in accordance with the following instructions and requirements: 1. Bid Submission. 1.1 General. Each Bid Proposal must be completed, using the form provided in the Contract Documents, signed, and submitted to City with all required forms and attachments, by or before the date and time set forth in Section 1 of the Notice Inviting Bids, or as amended by subsequent addendum. Faxed or emailed Bid Proposals will not be accepted, unless otherwise specified. Late submissions will not be accepted. City reserves the right to postpone the date or time for receiving or opening bids. Each bidder is solely responsible for its costs to prepare and submit its bid and by submitting a bid waives any right to recover those costs from City. The bid price(s) must include all costs to perform the Work as specified, including all labor, material, supplies, and equipment and all other direct or indirect costs such as applicable taxes, insurance and overhead. 1.2 Electronic Submission. The Bid Proposal and all required forms and attachments must be submitted in PDF format on the City’s “Business Opportunities” portal at https://apps.cupertino.gov/bidManagement/index.aspx. To submit a bid, (1) select the folder icon in the “Actions” column for the Project; (2) select the “Electronic Submission” tab; (3) when the log-in screen appears, enter the log-in credentials used to access the Contract Documents and/or create an account, as appropriate; (4) after logging in, carefully follow all instructions for electronic submission of the Bid Proposal and all required forms and attachments. Each bidder should familiarize itself with the City’s “Business Opportunities” portal before the bid deadline. Electronic submission may take more time than anticipated. Each bidder should plan accordingly and afford itself ample time to upload its bid. Bids that are in the process of uploading but are not completely uploaded by the bid deadline will be automatically rejected by the portal. The portal will not allow submission after the bid deadline. 1.3 Bid Posting. The amount of each bid and such other relevant information as the City deems appropriate, together with the name of each bidder, shall be posted on the City website https://apps.cupertino.gov/bidManagement/index.aspx on the first working day following a period of 48 hours after the bid opening and remain open to public inspection for a period of not less than fifteen (15) calendar days after the bid opening. 1.3 DIR Registration. City may not accept a Bid Proposal from a bidder without proof that the bidder is registered with the DIR to perform public work under Labor Code § 1725.5. If City is unable to confirm that the bidder is currently registered with the DIR, City may disqualify the bidder and return its bid unopened. (Labor Code §§ 1725.5 and 1771.1(a).) 2. Bid Proposal Form and Enclosures. Each Bid Proposal must be completed legibly using the Bid Proposal form included with the Contract Documents. The Bid Proposal form must be fully completed without interlineations, alterations, or erasures. Any necessary corrections must be clear and legible and must be initialed by the bidder’s authorized representative. A Bid Proposal submitted with exceptions or terms such as “negotiable,” Senior Center Fire System Alarm Replacement Project INSTRUCTIONS TO BIDDERS CIP #2019-02, NWS# BAI 001 Page 4 “will negotiate,” or similar, will be considered nonresponsive. Each Bid Proposal must be accompanied by bid security, as set forth in Section 4 below, and by a completed Subcontractor List and Non-Collusion Declaration using the forms included with the Contract Documents, and any other required enclosures, as applicable. 3. Authorization and Execution. Each Bid Proposal must be signed by the bidder’s authorized representative. A Bid Proposal submitted by a partnership must be signed in the partnership name by a general partner with authority to bind the partnership. A Bid Proposal submitted by a corporation must be signed with the legal name of the corporation, followed by the signature and title of two officers of the corporation with full authority to bind the corporation to the terms of the Bid Proposal, under California Corporations Code § 313. 4. Bid Security. Each Bid Proposal must be accompanied by bid security of ten percent of the maximum bid amount, in the form of a cashier’s check or certified check, made payable to the City, or bid bond using the form included in the Contract Documents and executed by a surety licensed to do business in the State of California. 4.1 Form of Security and Submission. In addition to submitting a PDF copy of the bid security, the wet-inked original bid bond, cashier’s or certified check, must be sent to the City via U.S. Mail or a reliable overnight delivery service in a sealed envelope addressed to City of Cupertino, Office of the City Clerk, 10300 Torre Avenue, Cupertino, CA 95014 and clearly labeled with the bidder’s legal name and address, the Project title, and date and time of the bid deadline. The envelope containing the original form of bid security must be postmarked or otherwise dated to show that it was submitted to the United States Postal Service or overnight delivery service by or before the date of the bid deadline. 4.2 Bid Guarantee. The bid security must guarantee that, within ten days after issuance of the Notice of Potential Award, the bidder will: execute and submit the enclosed Contract for the bid price; submit payment and performance bonds for 100% of the maximum Contract Price; submit the insurance certificates and endorsements; and submit valid Certificates of Reported Compliance as required by the Off-Road Regulation, if applicable, and any other submittals, if any, required by the Contract Documents or the Notice of Potential Award. A Bid Proposal may not be withdrawn for a period of 60 days after the bid opening without forfeiture of the bid security, except as authorized for material error under Public Contract Code § 5100 et seq. 5. Requests for Information. Questions or requests for clarifications regarding the Project, the bid procedures, or any of the Contract Documents must be submitted in writing to Jimmy Tan, P.E., Assistant Director of Public Works, at jimmyt@cupertino.gov with the following text in the subject line “Senior Center FAS Project”. Oral responses are not authorized and are not binding on the City. Bidders should submit any such written inquiries at least five Working Days before the scheduled bid opening. Questions received later may not be addressed before the bid deadline. An interpretation or clarification by City in response to a written inquiry will be issued in an addendum. 6. Pre-Bid Investigation. 6.1 General. Each bidder is solely responsible at its sole expense for diligent and thorough review of the Contract Documents, examination of the Project site, and reasonable and prudent inquiry concerning known and potential site and area conditions prior to submitting a Bid Proposal. Each bidder is responsible for knowledge of conditions and requirements which reasonable review and investigation would have disclosed. However, except for any areas that are open to Senior Center Fire System Alarm Replacement Project INSTRUCTIONS TO BIDDERS CIP #2019-02, NWS# BAI 001 Page 5 the public at large, bidders may not enter property owned or leased by the City or the Project site without prior written authorization from City. 6.2 Document Review. Each bidder is responsible for review of the Contract Documents and any informational documents provided “For Reference Only,” e.g., as-builts, technical reports, test data, and the like. A bidder is responsible for notifying City of any errors, omissions, inconsistencies, or conflicts it discovers in the Contract Documents, acting solely in its capacity as a contractor and subject to the limitations of Public Contract Code § 1104. Notification of any such errors, omissions, inconsistencies, or conflicts must be submitted in writing to the City no later than five Working Days before the scheduled bid opening. (See Section 5, above.) City expressly disclaims responsibility for assumptions a bidder might draw from the presence or absence of information provided by City. 6.3 Project Site. Questions regarding the availability of soil test data, water table elevations, and the like should be submitted to the City in writing, as specified in Section 5, above. Any subsurface exploration at the Project site must be done at the bidder’s expense, but only with prior written authorization from City. All soil data and analyses available for inspection or provided in the Contract Documents apply only to the test hole locations. Any water table elevation indicated by a soil test report existed on the date the test hole was drilled. The bidder is responsible for determining and allowing for any differing soil or water table conditions during construction. Because groundwater levels may fluctuate, difference(s) in elevation between ground water shown in soil boring logs and ground water actually encountered during construction will not be considered changed Project site conditions. Actual locations and depths must be determined by bidder’s field investigation. The bidder may request access to underlying or background information on the Project site in City’s possession that is necessary for the bidder to form its own conclusions, including, if available, record drawings or other documents indicating the location of subsurface lines, utilities, or other structures. 6.4 Utility Company Standards. The Project must be completed in a manner that satisfies the standards and requirements of any affected utility companies or agencies (collectively, “utility owners”). The successful bidder may be required by the third-party utility owners to provide detailed plans prepared by a California registered civil engineer showing the necessary temporary support of the utilities during coordinated construction work. Bidders are directed to contact the affected third-party utility owners about their requirements before submitting a Bid Proposal. 7. Bidders Interested in More Than One Bid. No person, firm, or corporation may submit or be a party to more than one Bid Proposal unless alternate bids are specifically called for. However, a person, firm, or corporation that has submitted a subcontract proposal or quote to a bidder may submit subcontract proposals or quotes to other bidders. 8. Addenda. Subject to the limitations of Public Contract Code § 4104.5, City reserves the right to issue addenda prior to bid time. Any addenda issued prior to the bid opening are part of the Contract Documents. Each bidder is solely responsible for ensuring it has received and reviewed all addenda prior to submitting its bid. Bidders should check City’s website periodically for any addenda or updates on the Project at: https://apps.cupertino.gov/bidManagement/index.aspx. 9. Brand Designations and “Or Equal” Substitutions. Any specification designating a material, product, thing, or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate quality and type of item desired, and bidders may request use of any equal material, product, thing, or service. All data substantiating the Senior Center Fire System Alarm Replacement Project INSTRUCTIONS TO BIDDERS CIP #2019-02, NWS# BAI 001 Page 6 proposed substitute as an equal item must be submitted with the written request for substitution. A request for substitution must be submitted within 35 days after Notice of Potential Award unless otherwise provided in the Contract Documents. This provision does not apply to materials, products, things, or services that may lawfully be designated by a specific brand or trade name under Public Contract Code § 3400(c). 10. Bid Protest. Any bid protest against another bidder must be submitted in writing and received by City at 10300 Torre Avenue, Cupertino, CA 95014 or sent via email at jimmyt@cupertino.gov before 5:00 p.m. no later than two Working Days following bid opening (“Bid Protest Deadline”) and must comply with the following requirements: 10.1 General. Only a bidder who has actually submitted a Bid Proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder but must timely pursue its own protest. For purposes of this Section 10, a “Working Day” means a day that City is open for normal business, and excludes weekends and holidays observed by City. Pursuant to Public Contract Code § 4104, inadvertent omission of a Subcontractor’s DIR registration number on the Subcontractor List form is not grounds for a bid protest, provided it is corrected within 24 hours of the bid opening or as otherwise provided under Labor Code § 1771.1(b). 10.2 Protest Contents. The bid protest must contain a complete statement of the basis for the protest and must include all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the protesting bidder and any person submitting the protest on behalf of or as an authorized representative of the protesting bidder. 10.3 Copy to Protested Bidder. Upon submission of its bid protest to City, the protesting bidder must also concurrently transmit the protest and all supporting documents to the protested bidder, and to any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest, by email or hand delivery to ensure delivery before the Bid Protest Deadline. 10.4 Response to Protest. The protested bidder may submit a written response to the protest, provided the response is received by City before 5:00 p.m., within two Working Days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must attach all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person responding on behalf of or representing the protested bidder if different from the protested bidder. 10.5 Copy to Protesting Bidder. Upon submission of its response to the bid protest to the City, the protested bidder must also concurrently transmit by email or hand delivery, by or before the Response Deadline, a copy of its response and all supporting documents to the protesting bidder and to any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest. 10.6 Exclusive Remedy. The procedure and time limits set forth in this Section are mandatory and are the bidder’s sole and exclusive remedy in the event of a bid protest. A bidder’s failure to comply with these procedures will constitute a waiver Senior Center Fire System Alarm Replacement Project INSTRUCTIONS TO BIDDERS CIP #2019-02, NWS# BAI 001 Page 7 of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings. 10.7 Right to Award. City reserves the right, acting in its sole discretion, to reject any bid protest that it determines lacks merit; to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a Notice to Proceed with the Work notwithstanding any pending or continuing challenge to its determination. 11. Reservation of Rights. City reserves the unfettered right, acting in its sole discretion, to waive or to decline to waive any immaterial bid irregularities; to accept or reject any or all bids; to cancel or reschedule the bid; to postpone or abandon the Project entirely; or to perform all or part of the Work with its own forces. The Contract will be awarded, if at all, within 60 days after opening of bids or as otherwise specified in the Special Conditions, to the responsible bidder that submitted the lowest responsive bid. Any planned start date for the Project represents the City’s expectations at the time the Notice Inviting Bids was first issued. City is not bound to issue a Notice to Proceed by or before such planned start date, and it reserves the right to issue the Notice to Proceed when the City determines, in its sole discretion, the appropriate time for commencing the Work. The City expressly disclaims responsibility for any assumptions a bidder might draw from the presence or absence of information provided by the City in any form. Each bidder is solely responsible for its costs to prepare and submit a bid, including site investigation costs. 12. Bonds. Within ten calendar days following City’s issuance of the Notice of Potential Award to the successful bidder, the bidder must submit payment and performance bonds to City as specified in the Contract Documents using the bond forms included in the Contract Documents. All required bonds must be calculated on the maximum total Contract Price as awarded, including additive alternates, if applicable. 13. License(s). The successful bidder and its Subcontractor(s) must possess the California contractor’s license(s) in the classification(s) required by law to perform the Work. The successful bidder must also obtain a City business license within 10 (ten) days following City’s issuance of the Notice of Potential Award. Subcontractors must also obtain a City business license before performing any Work. 14. Ineligible Subcontractor. Any Subcontractor who is ineligible to perform work on a public works project under Labor Code §§ 1777.1 or 1777.7 is prohibited from performing work on the Project. 15. Safety Orders. If the Project includes construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five feet or deeper, each bid must include a bid item for adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which comply with safety orders as required by Labor Code § 6707. 16. In-Use Off-Road Diesel-Fueled Fleets. If the Project involves the use of vehicles subject to the California Air Resources Board’s In-Use Off-Road Diesel-Fueled Fleets Regulation (13 CCR § 2449 et seq.) (“Off-Road Regulation”), then within ten calendar days following City’s issuance of the Notice of Potential Award to the successful bidder, the bidder must submit to City valid Certificates of Reported Compliance for its fleet and its listed Subcontractors, if applicable, in accordance with the Off-Road Regulation, unless exempt under the Off-Road Regulation. 17. Subcontractor Work Limits. The prime contractor must perform at least 51% of the Work on the Project, calculated as a percentage of the base bid price, with its own forces, except Senior Center Fire System Alarm Replacement Project INSTRUCTIONS TO BIDDERS CIP #2019-02, NWS# BAI 001 Page 8 for any Work identified as “Specialty Work” in the Contract Documents. The total bid amount for any such Specialty Work, as shown on the Bid Schedule, may be deducted from the base bid price before computing the 51% self-performance requirement. The remaining Work may be performed by qualified Subcontractor(s). 18. Bid Schedule. Each bidder must complete the Bid Schedule form with unit prices as indicated, and submit the completed Bid Schedule with its Bid Proposal. 18.1 Incorrect Totals. In the event a computational error for any bid item (base bid or alternate) results in an incorrect extended total for that item, the submitted base bid or bid alternate total will be adjusted to reflect the corrected amount as the product of the estimated quantity and the unit cost. In the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid, and the amount entered as the base bid on the Bid Proposal form, the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid will be deemed the base bid price. Likewise, in the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule for any bid alternate, and the amount entered for the alternate on the Bid Proposal form, the actual total of the itemized prices shown on the Bid Schedule for that alternate will be deemed the alternate price. Nothing in this provision is intended to prevent a bidder from requesting to withdraw its bid for material error under Public Contract Code § 5100 et seq. 18.2 Estimated Quantities. Unless identified as a “Final Pay Quantity,” the quantities shown on the Bid Schedule are estimated and the actual quantities required to perform the Work may be greater or less than the estimated amount. The Contract Price will be adjusted to reflect the actual quantities required for the Work based on the itemized or unit prices provided in the Bid Schedule, with no allowance for anticipated profit for quantities that are deleted or decreased, and no increase in the unit price, and without regard to the percentage increase or decrease of the estimated quantity and the actual quantity. 19. Bidder’s Questionnaire. A completed, signed Bidder’s Questionnaire using the form provided with the Contract Documents and including all required attachments must be submitted within 48 hours following a request by City. A bid that does not fully comply with this requirement may be rejected as nonresponsive. A bidder who submits a Bidder’s Questionnaire which is subsequently determined to contain false or misleading information, or material omissions, may be disqualified as non-responsible. 20. Additive and Deductive Alternates. As required by Public Contract Code § 20103.8, if this bid solicitation includes additive or deductive items, the lowest bid will be the lowest total of the bid prices on the base contract and those additive or deductive items that were specifically identified in the bid solicitation or Bid Proposal as being used for the purpose of determining the lowest bid price. City retains the right to add to or deduct from the Contract any of the additive or deductive alternates included in the Bid Proposal END OF INSTRUCTIONS TO BIDDERS ADDENDUM NO. 2 Issued: May 20, 2025 Senior Center Fire Alarm System Replacement Project Bid Opening: May 29, 2025, at 2:00PM TO ALL PROSPECTIVE FIRMS: This addendum is issued to modify and/or clarify the previously issued bid documents. You must indicate receipt of this addendum within the Bid Proposal of your bid submittal. Failure to do so may cause rejection of your submittal. QUESTIONS/CLARIFICATIONS The following questions have been received by the City. The City response is below each question. 1. Q: There are door holders, qty [6], and duct detectors on the roof/ceiling, qty [4]. Are you looking to replace those or keep the existing ones. A: Door holders are tied to the fire alarm system via an addressable module. Door holders themselves do not need to be replaced. Duct detectors are past their useful life and should be replaced. 2. Q: Are you OK with replacing the smokes near the fireplace with CO detectors/heats instead? A: Heat detector will be acceptable replacement for the smoke detector within 10 feet of the gas fireplace. 3. Q: Can we label the strobes in the fireplace area with “alert” instead of “fire”? A: As the notification appliances will only activate in a fire scenario, the strobes shall be labeled with “FIRE” per NFPA 72. 4. Q: Only as-built drawings from 25 years ago have been provided, and there are no specs for which fire alarm system that you would like to be installed (Simplex, Notifier, Gamewell, etc.). Can you please confirm that the expectation is for bids to be submitted as “Design and Build” proposals, meaning that the expectation for scope includes the bidder providing a complete fire alarm system design, as well as performing the installation? In addition, please confirm that it is the bidders’ responsibility to pull the required permits with the City. A: That is correct. The contractor will need to provide a system design, submit shop drawings for [City’s] project manager to review, apply for and obtain the required permits, install the system, schedule and obtain inspections as required. While the City has the building department, the Santa Clara County Fire Department Fire Marshall is responsible for all reviews. The successful bidder will be responsible for coordination of all permits and inspections. The City will pay the permit fees. 5. Q: There is no sprinkler or fire suppression scope, replacing the fire alarm system only requires low-voltage work, which a C-10 license covers. Can you please confirm if a C-16 license is truly required for a bidder to possess to bid on this job and explain why if it is? If it is not required, is it possible to update the licensing requirements listed on the Notice to Bidders? A: The City will only require a C-10 license for this project. 6. Q: Please confirm that the existing system must remain in place for the duration of the construction. A: It is the intent that the building will be occupied throughout the duration of construction and thus the building will need a compliant system throughout the duration of the project. 7. Q: 283111-2.8.A states “compatible with the Simplex 4100ES Fire Alarm Control Unit.” Please confirm this requirement will be removed from the scope as other manufacturers’ products/system will not be compatible with the stated manufacturer. A: Specification Section, 283111, Digital, Addressable Fire-Alarm System. Delete Section 2.8, Paragraph A. 8. Q: Clarification: To the greatest extend possible, existing wiring should be re-used. Any new wiring will not require conduit. Amend Specification 280513 Section 3.1 A: Delete Section A and A.1. A: Specification Section, 280513, Conductors and Cables for Electronic Safety. Delete Section 3.1, Paragraphs A and A.1. 9. Q: The Project Overview on Page 2 and Notice of Inviting Bids 2.1, Section 011100 Summary section 1.2.C.b and 283111-1.11.A and B in the Project Manual describes this Project as a “one-for-one replacement of all detection, notification, control equipment and wiring” and “To the greatest extent possible, the existing fire alarm system infrastructure, including cabling (if found to be in acceptable condition) shall be re-used throughout the building” and “ensure that a working fire alarm system is provided within the building at all times”. a. During the Site meeting on 5/8/2025, it was stated that this is a “Design/Build” project and providing a “Code Compliant” system was required, and installation would be a “side-by-side” keeping the existing system online. A: A code compliant system is required though the intent is to have a one-for-one replacement. It is not the intent to have a side-by-side system but instead to convert the existing system over to a new system with new appliances. Additional appliances shall be added where coverage of the existing system is deficient. b. Providing a Code Compliant Design/Build System and “keeping a working system at all times” conflicts with the Project Manual “One-for-one” replacement and re-use of the existing infrastructure. A: The intent is to have the system be replaced in kind- with a new voice fire alarm system but to also ensure that the system is complete and up to code which could include additional appliances to ensure proper coverage while replacing existing appliances in current locations. The intent is to re-use existing wiring to the greatest extent possible. For instance, one method could be to install a new Fire Alarm Control Panel (FACP) adjacent to the existing one and replace and rewire appliances one by one. Old panel and new panel may need to be networked together temporarily. c. Please confirm that the intent is as described in the Project Manu to provide a “One-for-Oen replacement utilizing the existing infrastructure. We believe this is the most cost-effective approach to the project as providing a side-by-side new system and extensive painting/patching will far exceed the listed Project Budget value of $130,000.00. Fire Watch would be required during the system replacement. A: The building will remain occupied throughout construction, so the intent is to utilize the existing infrastructure with the addition of new appliances as needed to ensure code compliant coverage. 10. Q: Please confirm that the City will pay for all Permit Fees and the Contractor is only responsible for submitting the Shop Drawings to the SCCFD for review and Permit and shall not include any costs for Plan Review and Inspection Fees. Reference 011100 Summary 1.5.A A: The City will pay for permit fees. As noted in Specification Section 011100, Section 1.5, Paragraph A: Prior to performing any construction work, the Contractor shall obtain all permits required for the performance of the Work. The Contractor shall coordinate with the City’s Building Department and Santa Clara County Fire Department to obtain approval of the design. All cost for submittal, revision, resubmittal and coordination shall be included in the Work and no additional compensation will be provided to the Contractor. The City shall pay for all permit fees. 11. Q: Section 2.1 of the Notice Inviting Bids states “Provide new cellular digital alarm communication transmitter”. Please confirm that the SCCFD will accept a single Pathway/Single technology for Central Station Communications. A: This should be further coordinated with Santa Clara County Fire Department (SCCFD), however, per NFPA 72 Section 26.6.3.5, a single technology is permitted to be used – i.e. the digital cellular unit can communicate with two or more cell towers. 12. Q: Article 11 - General Conditions section 11.2 Warranty Period states “for a period of one year” while Specification 283111-1.9.A.2 calls for a 5-year Warranty. Please confirm the required Warranty duration and if five-years, confirm that the City will enter into a Testing/Maintenance Service Agreement with the awarded system vendor for this extended warranty period. A: A 1-year warranty is confirmed. 13. Q: Section 280513-2.1.A states “all fire alarm wiring shall be reused” while 2.1.B through E lists specific wire requirements. Please confirm that items B through F are not applicable when existing wiring is being reused. A: Specification Section, 280513, Conductors and Cables for Electronic Safety. Delete Section 3.1, Paragraphs A and A.1. 14. Q: 283111.1.4.D.11 states “Include plans. Sections, and elevations of heating,…drawn to scale”. Please confirm that this requirement can be removed from the specification/project scope. A: The requirements for sections and elevations can be removed. However, duct detectors are required to be replaced so the details for these shall be included as part of shop drawings. Specification Section 283111 Digital, Addressable Fire-Alarm System, Delete Section 1.4. Paragraph D.11 Delete the following “sections, and elevations of heating, ventilating, and air-conditioning ducts.” 15. Q: 283111.1.7.A.1 and 2 call for the provision of “Lamps for Remote indicting Lamp Units and “Lamps for Strobe Units”. Please confirm that these two sections will be removed from the specification/project scope. Field replacement of these “lamps” is typically not possible for most all manufacturers and doing so would void the UL Listing of the device. A: Specification Section 283111, Digital, Addressable Fire-Alarm System, Delete Section 1.7, Paragraphs A.1 and A.2. 16. Q: 283111-2.3.E.3 states “Install no more that 50 addressable devices on each signaling line circuit.” This appears to be an old item that is no longer in the Code. Additionally, there are just over 50 Addressable Devices in the project and recircuiting/adding SLC’s would increase project costs and not meet the described intent of a “one-for-one replacement” scope. Please confirm this requirement will be removed from the project scope. A: Specification Section, 283111, Digital, Addressable Fire-Alarm System. Delete Section 2.3, Paragraph E.3. 17. Q: 283111-2.8.A states “compatible with the Simplex 4100ES Fire Alarm Control Unit.” Please confirm this requirement will be removed from the scope as other manufacturers’ products/system will not be compatible with the stated manufacturer. A: Specification Section, 283111, Digital, Addressable Fire-Alarm System. Delete Section 2.8, Paragraph A. 18. Q: 283111-3.8.A requires provision of “12-months full maintenance” during the Warranty period. Please confirm that the City will sign a “no cost” Maintenance Agreement with the awarded vendor for this service, with costs included in the Base Bid, and that no other company will provide testing and maintenance on the system during the warranty period. A: This is confirmed. 19. Q: If we need to relocate a device, can the existing location of the device be a blank plate on areas that have special finishes? This is in efforts to keep cost down. A: Any special finishes should be replaced in kind. Specific instances shall be discussed with the City during shop drawing process. 20. Q: Will removable ceiling wood slats in the Reception area be removed by contractor or will this be coordinated with facilities for them to remove areas needed? If by contractor, we will carry a scissor lift cost for those high areas. A: Contractor will be responsible for removing and patching ceilings as required. 21. Q: We would like to request a bid extension to 5/22/2025. A: Bids are due on 5/29/2025 by 2pm as noted in Addendum No. 1. 22. Q: Can you please confirm if Fire Alarm Cable does not need to be in conduit? A: Fire alarm cable does not need to be in a conduit. 23. Q: We received the plans; however, we noticed that on Sheet FA-101, there is a Cable/Wire Schedule listing Types A, B, and C as shown below: However, on the floor plan, the wiring labels are shown as 1A, 3C, 2B, 2E. We are unable to identify what the numbers (1, 3, 2) represent. Additionally, we could not find the Type E Wire Schedule. Please clarify what the numbers before the wire types indicate, and provide the missing Type E Wire Schedule. A: The drawings provided are the only existing drawings that we have for the existing system. From review of the riser diagram, E could be 120 VAC power but this cannot be verified. 24. Q: Also, kindly explain what the crosshatch symbol (as shown in the red-circled image below) indicates. A: The drawings provided are the only existing drawings that we have for the existing system. 25. Q: Please Provide us with the complete wiring schedule, including all types of cables and their corresponding legends. A: The drawings provided are the only existing drawings that we have for the existing system. 26. Q: Please clarify work hours, Project Manual states 7am-4pm on page 90 and 8am-5pm on page 101. A: Work hours shall be from 6am to 5pm from Monday through Friday. Specification Section 011400 Work Restrictions, Section 1.1 Paragraph B.A Update work hours to be 6am- 5pm, Monday through Friday. 27. Q: Please clarify if testing is required to take place outside of normal work hours as stated in 011400 1.2 (B) subpart C. If yes please confirm the AHJ is available for testing outside of normal work hours A: All pre-testing should occur outside of normal work hours when the building is not occupied (note this could be between 6 - 8am). Santa Clara County Fire Department does allow for overtime requests for inspection, though if not approved, final inspection by Santa Clara County Fire Department can occur during work hours as long as it is coordinated with the City at least 2 days in advance. 28. Q: Please advise if all ancillary fire life safety equipment connected to the fire alarm such as fire smoke dampers, air handler shut downs, Ansul hood suppression, fire sprinkler flow switches/ tampers, etc. have been recently tested and are operational. A: The annual fire alarm inspection was undertaken in 2024 and it did not recommend any corrections for the items in question. 29. Q: Please clarify the intent of the like for like fire alarm replacement. 283111 1.11 states maintain existing fire alarm until new fire alarm is operational. Page 2 of the project overview states the intent is to re-use existing system infrastructure including cable where possible. A: The intent is to have the system be replaced in kind- with a new voice fire alarm system but to also ensure that the system is complete and up to code which could include additional appliances to ensure proper coverage while replacing existing appliances in current locations. The intent is to re-use existing wiring to the greatest extent possible. 30. Q: If the intent is to keep the existing system operational while the new system is installed, can a drawing be made available showing the fire ratings of the wall systems so new fire wall penetration ratings can be quantified? A: As the building will be occupied, the existing system will need to be operational. Please see attached for rated corridors. 31. Q: Please confirm the following information for the required Bid Security. a. Obligees / Owners name b. Obligees / Owners Address A: City of Cupertino, 10300 Torre Avenue, Cupertino, CA 95014 32. Q: In the event a Minority/Women owned Professional design service subcontracted is used must they carry a DIR registration and contractor’s license? A: Any design service that is subcontracted would be listed as a subcontractor. They are not required to carry a contractor’s license if they are not performing work that is governed by licensure requirements. For example, a professional engineer is not required to have a contractor’s license nor participate in DIR but they are required to be licensed by the state’s professional licensing board. However, the construction inspector role is governed by prevailing wage requirements since they are considered “laborers and mechanics”. In any case, the successful bidder will be responsible for adherence to Public Contracting Code, DIR, and licensure requirements. 33. Q: Is it required that contractors carry some aspect of a Minority owned Business (MBE) to win the project? A: No. We are required to request the information due to the Federal funding that we receive for this project, and the standard is that reasonable efforts have been applied to employ MBE/WBE. The successful bidder will be selected on the typical responsiveness of the bid. 34. Q: The project overview and Specification 280513 indicate that the repurposing of all existing fire alarm raceway, wiring, and infrastructure is the preferred approach. Please confirm that this approach is acceptable for the project. A: The intent is for existing wiring to be re-used to the greatest extent possible. 35. Q: As General Condition section 9.6 requires a skilled and trained workforce how contractors can comply with the Section 3 certifications and Affirmative marketing Plan. A: The successful bidder will be required to comply with prevailing wage requirements, including but not limited to DIR registration and the submission of certified payroll as part of that program. That documentation will be shared with the City as the project progresses as noted in Section 9.6. The MBE/WBE and Section 3 Affirmative Marketing plan documentation and requirements addresses the City and Contractor’s efforts to perform reasonable outreach to support the employment and recruitment of typically disadvantaged sectors of the community. The two plans are not exclusive, and both serve to support fair and transparent employment practices. 36. Q: The project schedule reflects the replacement of mechanical components (Fire smoke dampers), Fire protection components (Sprinkler valves and switches). Is the intent to replace these components with the fire alarm system? If so, will additional each respective discipline be required to execute this work to comply with the general condition 9.6? A: The mechanical and sprinkler components are not intended to be replaced. Bid schedule will be updated to remove “Fire Smoke Damper” and replace with “Addressable Relay Module, FSD: quantity 10.” In addition, tamper switch, water flow switch, and PIV should be existing to remain and only the monitor modules replaced. 37. Q: The project schedule calls out for Patching and painting. Is it required to carry costs for these tasks if all existing locations and raceway are reused in the new system? A: Any new appliances that are required to ensure code compliant coverage will need to include patching and painting. 38. Q: Per Instructions to bidders’ item #2 all bid forms are to be used without modification while the pdf documents are not modifiable. Are we allowed to edit the bid documents to reflect our bid submission electronically? A: We require that bidders use the provided bid schedule so we can perform a reasonable comparison of scope and cost once bids are received. 39. Q: Per specification section 283111, part 3.8 the first years NFP 72 inspection and test are to be included in our proposal. a. Is this to include fire protection as well (sprinklers)? b. Where is this cost to be included in the bid schedule? c. Will required monitoring be required as well? A: This shall include all annual testing requirements of the fire alarm system per NFPA 72. DACT monitoring shall be coordinated with the City. City will include line item to the bid schedule for “12-months maintenance and quarterly & annual testing per NFPA 72.” 40. Q: I have a question with regards to page 3, section 2. That section reads, “Bid Proposal Form and Enclosures. Each Bid Proposal must be completed legibly using the Bid Proposal form included with the Contract Documents. The Bid Proposal form must be fully completed without interlineations, alterations, or erasures. Any necessary corrections must be clear and legible and must be initialed by the bidder’s authorized representative. A Bid Proposal submitted with exceptions or terms such as “negotiable,” “will negotiate,” or similar, will be considered nonresponsive. Each Bid Proposal must be accompanied by bid security, as set forth in Section 4 below, and by a completed Subcontractor List and Non-Collusion Declaration using the forms included with the Contract Documents, and any other required enclosures, as applicable.” When we normally send out our bid letters, we state we want to negotiate along with a sample rider. Will this automatically disqualify us? A: Bid letters are not accepted. The Contractor shall submit the bid documents and supporting documents as required in the Project Manual. Since it is a publicly bid project, the City will need to adhere to the Public Contract Code. Project Manual/Contract Document Clarification 1. Project Manual, Bid Schedule a. Delete and replaced with attached revised Bid Schedule b. Add Alternate Bid Item 1: Closure of Senior Center i. Contractor shall provide an alternate bid for undertaking construction at Senior Center while the facility is closed for two weeks. 2. Specification Section, 280513, Conductors and Cables for Electronic Safety. Delete Section 3.1, Paragraphs A and A.1. 3. Specification Section 283111, Digital, Addressable Fire-Alarm System, Delete Section 1.7, Paragraphs A.1 and A.2. 4. Specification Section, 283111, Digital, Addressable Fire-Alarm System. Delete Section 2.3, Paragraph E.3. 5. Specification Section, 283111, Digital, Addressable Fire-Alarm System. Delete Section 2.8, Paragraph A. 6. Specification Section 283111 Digital, Addressable Fire-Alarm System, Delete Section 1.4. Paragraph D.11 Delete the following “sections, and elevations of heating, ventilating, and air-conditioning ducts. 7. Specification Section 011400 Work Restrictions, Section 1.2, Paragraph B.a Update work hours to be 6am- 5pm, Monday through Friday. APPROVED BY: Jimmy Tan, P.E. Assistant Director of Public Works Senior Center Fire Alarm System Replacement Project BID SCHEDULE CIP #2019‐02, NWS# BAI 001 Page 12 Bid Schedule This Bid Schedule must be completed legibly and included with the sealed Bid Proposal. Pricing must be provided for each Bid Item as indicated. Items marked “(SW)” are Specialty Work that must be performed by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the “Extended Total Amount” column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form. AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs) BID ITEM NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT COST EXTENDED TOTAL AMOUNT 1 Mobilization and Demobilization 1 LS $ $ 2 Engineering and Drafting of Fire Alarm Shop Drawings and Design Drawings including coordination of permits 1 LS $ $ 3 Programming of New FACP 1 LS $ $ 4 Pre-Test and Final Acceptance Testing with Santa Clara County Fire Department 1 LS $ $ 5 Pre-Test with Owner's Rep 1 LS $ $ 6 Addressable Fire Alarm Control Unit with Voice EVAC 1 EA $ $ 7 Wireless Cellular Communicator 1 EA $ $ 8 10 Amp Booster Power Supply 1 EA $ $ 9 Addressable Double-Action Manual Pull-Stations 12 EA $ $ 10 Addressable Smoke Detectors 23 EA $ $ 11 Addressable Control Module 6 EA $ $ 12 Addressable Duct Detector with ssociated Rela Module 4 EA $ $ 13 Fault Isolator Module 1 EA $ $ 14 Speaker/Strobe Wall Mounted, White 31 EA $ $ 15 Speaker/Strobe Wall Mounted, Red, Weatherproof 3 EA $ $ 16 Addressable Monitor Module, Tamper Switch 3 EA $ $ 17 Addressable Monitor Module, Water Flow Switch 1 EA $ $ 18 Addressable Monitor Module, PIV 1 EA $ $ 19 Addressable Heat Detector 1 EA $ $ Senior Center Fire Alarm System Replacement Project BID SCHEDULE CIP #2019‐02, NWS# BAI 001 Page 13 BID ITEM NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT COST EXTENDED TOTAL AMOUNT 20 Addressable Monitor Module, Double Door Hold Opens 3 EA $ $ 21 Addressable Relay Module, FSD 10 EA $ $ 22 Addressable Monitor Module, nsul Hood S stem 1 EA $ $ 23 2-hr training session for Owner's Rep 1 LS $ $ 24 Patching walls including preppin , patchin and paintin 50 SF $ $ 25 Patching ceilings including preppin , patchin and paintin 50 SF $ $ 26 12 months maintenance and quarterly & annual testing per NFPA 72 1 LS $ $ TOTAL BASE BID $ * Final Pay Quantity TOTAL BASE BID: Items 1 through 26 inclusive: $_____________________________________ Note: The amount entered as the “Total Base Bid” should be identical to the Base Bid amount entered in Section 1 of the Bid Proposal form. Basis of Bid Comparison & Determination of Low Bidder will be based on Total Base Bid. Alternate Bid: Base Bid includes Senior Center being open and occupied throughout construction duration. Provide Alternate Bid which includes Items 1 through 26 but the construction schedule shall include closure of the Senior Center for two weeks. ALTERNATE BID ITEM NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT COST EXTENDED TOTAL AMOUNT 1 Closure of Senior Center for two weeks for Construction 1 LS $ $ BIDDER NAME: ________________________________________________________________ END OF BID SCHEDULE ADDENDUM NO. 1 Issued: May 9, 2025 Senior Center Fire Alarm System Replacement Project Bid Opening: May 29, 2025, at 2:00PM TO ALL PROSPECTIVE FIRMS: This addendum is issued to modify and/or clarify the previously issued bid documents. You must indicate receipt of this addendum within the Bid Proposal of your bid submittal. Failure to do so may cause rejection of your submittal. QUESTIONS/CLARIFICATIONS The following questions have been received by the City. The City response is below each question. 1. Q: I would really appreciate it if you could confirm whether this project is subject to prequalifications? A: While the project is not subject to prequalification, relevant project experience is required. Per Part C of Bidders Questionnaire, the Contractor is required to provide information on at least three projects, performed as general contractor, that are similar in scope and character to this project. Three of the projects must be public sector projects. 2. Q: Do you have an estimated project schedule for this job available? Our schedule is filling up and I want to make sure we have enough labor to bid for this project. Do you know if the start date will be in June 2025? A: The project schedule will be dependent on how quickly the agreement is executed and approval of product submittals. Per Notice Inviting Bids section, the City anticipates that the Work will begin on or about July 1, 2025. 3. Q: I received an e‐mail about the Subject project. However, we do not have access to Plan Hub. Is there any other option to obtain the Project Files to bid this project? City website? Building Connected? General Contractors? A: The project manual is posted on the City’s website. https://apps.cupertino.org/bidManagement/index.aspx 4. Q: I understand that license requirements for this project are C16 and C10. Since we are C10 contractor, can we have C16 as a sub or contractor must possess both C10 and C16? Please let me know. A: The City will only require a C‐10 license for this project. 5. Q: Quick clarification on the Senior Center Fire Alarm project. The instruction to bidders states that a C‐16 and C‐10 license is required. Per the CSLB, C‐16 specifically excludes fire alarm systems: A Fire protection contractor lays out, fabricates and installs all types of fire protection systems; including all the equipment associated with these systems, excluding electrical alarm systems. We (and most electrical contractors) would not be able to bid this project if the C‐16 requirement is kept. A: The City will only require a C‐10 license for this project. Project Manual/Contract Document Clarification 1. Change Project Schedule on cover sheet as follows: Bid Package posted: Monday, April 21 Site Visit (Non‐Mandatory): Thursday, May 8 at 10am RFI’s due date: Monday, May 12, 2pm Thursday, May 15, 2pm Bids due: Thursday, May 15, 2pm Thursday, May 29, 2pm 2. Project Manual Notice Inviting Bids, Section 1, Bid Submission. Delete and replace with: Bid Submission. City of Cupertino (“City”) will accept sealed bids for its Senior Center Fire Alarm System Replacement Project (“Project”), by or before May 29, 2025, by 2pm PT, via electronic submission to the City’s “Business Opportunities” online portal in the manner set forth in Section 1 of the Instructions to Bidders, at which time the bids will be opened by the City. 3. Project Manual, Notice Inviting Bids, Section 2.3, Estimated Cost. Delete and replace with: 2.3 Estimated Cost. The estimated construction cost is $200,000.00. 4. Project Manual, Notice Inviting Bids, Section 3.1, License. Delete and replace with: 3.1 License: This Project requires a valid California contractor’s license for the following classifications (s): C‐10 Electrical APPROVED BY: Jimmy Tan, P.E. Assistant Director of Public Works Senior Center Fire Alarm System Replacement Project BID PROPOSAL CIP #2019-02, NWS# BAI 001 Page 9 Bid Proposal Senior Center Fire Alarm System Replacement Project ______________________________________________________ (“Bidder”) hereby submits this Bid Proposal to the City of Cupertino (“City”) for the above-referenced project (“Project”) in response to the Notice Inviting Bids and in accordance with the Contract Documents referenced in the Notice. 1. Base Bid. Bidder proposes to perform and fully complete the Work for the Project as specified in the Contract Documents, within the time required for full completion of the Work, including all labor, materials, supplies, and equipment and all other direct or indirect costs including, but not limited to, taxes, insurance and all overhead, for the following price (“Base Bid”): $_______________________________________________________. 2. Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued for this bid. Bidder waives any claims it might have against the City based on its failure to receive, access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following addenda: Addendum Date Received 3. Bidder’s Certifications and Warranties. By signing and submitting this Bid Proposal, Bidder certifies and warrants the following: 3.1 Examination of Contract Documents. Bidder has thoroughly examined the Contract Documents and represents that, to the best of Bidder’s knowledge, there are no errors, omissions, or discrepancies in the Contract Documents, subject to the limitations of Public Contract Code § 1104. 3.2 Examination of Worksite. Bidder has had the opportunity to examine the Worksite and local conditions at the Project location. 3.3 Bidder Responsibility. Bidder is a responsible bidder, with the necessary ability, capacity, experience, skill, qualifications, workforce, equipment, and resources to perform or cause the Work to be performed in accordance with the Contract Documents and within the Contract Time. 3.4 Responsibility for Bid. Bidder has carefully reviewed this Bid Proposal and is solely responsible for any errors or omissions contained in its completed bid. All statements and information provided in this Bid Proposal and enclosures are true and correct to the best of Bidder’s knowledge. 3.5 Nondiscrimination. In preparing this bid, the Bidder has not engaged in discrimination against any prospective or present employee or Subcontractor on grounds of race, color, Senior Center Fire Alarm System Replacement Project BID PROPOSAL CIP #2019-02, NWS# BAI 001 Page 10 ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status. 3.6 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Bidder is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. 4. Award of Contract. By signing and submitting this Bid Proposal, Bidder agrees that, if City issues the Notice of Potential Award to Bidder, then within ten days following issuance of the Notice of Potential Award to Bidder, Bidder will do all of the following: 4.1 Execute Contract. Enter into the Contract with City in accordance with the terms of this Bid Proposal, by signing and submitting to City the Contract prepared by City using the form included with the Contract Documents; 4.2 Submit Required Bonds. Submit to City a payment bond and a performance bond, each for 100% of the Contract Price, using the bond forms provided and in accordance with the requirements of the Contract Documents; 4.3 Insurance Requirements. Submit to City the insurance certificate(s) and endorsement(s) as required by the Contract Documents; and 4.4 Certificates of Reported Compliance. Submit to City valid Certificates of Reported Compliance for its fleet and its listed Subcontractors, if applicable, if the Project involves the use of vehicles subject to the Off-Road Regulation. (See Section 16 of the Instructions to Bidders.) 5. Bid Security. As a guarantee that, if awarded the Contract, Bidder will perform its obligations under Section 4 above, Bidder is enclosing bid security in the amount of ten percent of its maximum bid amount in one of the following forms: Check One: A cashier’s check or certified check payable to City and issued by [bank name] ___________________________ in the amount of: $__________________ Documents, payable to City and executed by a surety licensed to do business in the State of California. Senior Center Fire Alarm System Replacement Project BID PROPOSAL CIP #2019-02, NWS# BAI 001 Page 11 This Bid Proposal is hereby submitted on _________________________, 2025. s/ ___________________________________ ______________________________________ Name and Title s/ ___________________________________ ______________________________________ [See Section 3 of Instructions to Bidders] Name and Title _____________________________________ ______________________________________ Company Name License #, Expiration Date, and Classification _____________________________________ ______________________________________ Address DIR Registration # _____________________________________ ______________________________________ City, State, Zip Phone _____________________________________ ______________________________________ Contact Name Contact Email END OF BID PROPOSAL James Bannister Digitally signed by James Bannister DN: C=US, E=james.bannister@rexm oore.com,O=Rexmoore, OU=RMI, CN=James Bannister Location: Castro Valley, CA Reason: I agree to the terms defined by the placement of my signature on this document Contact Info: James Bannister Date: 2025.05.29 10:06:19-07'00' James Bannister Digitally signed by James Bannister DN: C=US, E=james.bannister@rexmo ore.com,O=Rexmoore, OU=RMI, CN=James Bannister Location: Castro Valley, CA Reason: I agree to the terms defined by the placement of my signature on this document Contact Info: James Bannister Date: 2025.05.29 10:06:28-07'00' BID ITEM NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Addressable Heat Detector 1 EA $220.00 $220.00 Addressable Monitor Module, Water Flow Switch 1 EA $276.15 $276.15 Addressable Monitor Module, PIV 1 EA $277.15 $277.15 Speaker/Strobe Wall Mounted, Red, Weatherproof 3 EA $266.60 $799.80 Addressable Monitor Module, Tamper Switch 3 EA $275.15 $799.80 Fault Isolator Module 1 EA $195.00 $195.00 Speaker/Strobe Wall Mounted, White 31 EA $266.50 $8,261.50 Addressable Control Module 6 EA $265.00 $1,590.00 Addressable Duct Detector with Associated Relay Module 4 EA $1,100.00 $4,400.00 Addressable Double-Action Manual Pull-Stations 12 EA $275.00 $3,300.00 Addressable Smoke Detectors 23 EA $995.38 $22,893.74 Wireless Cellular Communicator 1 EA $1,500.00 $1,500.00 10 Amp Booster Power Supply 1 EA $4,500.00 $4,500.00 Pre-Test with Owner's Rep 1 LS $901.94 $901.94 Addressable Fire Alarm Control Unit with Voice EVAC 1 EA $37,754.96 $37,754.96 Programming of New FACP 1 LS $2,800.00 $2,800.00 Pre-Test and Final Acceptance Testing with Santa Clara County Fire Department 1 LS $1,803.89 $1,803.89 Mobilization and Demobilization 1 LS $7,500.00 $7,500.00 Engineering and Drafting of Fire Alarm Shop Drawings and Design Drawings including coordination of permits 1 LS $12,000.00 $12,000.00 Bid Schedule This Bid Schedule must be completed legibly and included with the sealed Bid Proposal. Pricing must be provided for each Bid Item as indicated. Items marked “(SW)” are Specialty Work that must be performed by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the “Extended Total Amount” column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form. AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs) ITEM DESCRIPTION EST. QTY.UNIT UNIT COST EXTENDED TOTAL AMOUNT BID ITEM NO. 20 21 22 23 24 25 26 EXTENDED TOTAL AMOUNT $126,234.00 BIDDER NAME: REXMOORE GROUP END OF BID SCHEDULE TOTAL BASE BID: Items 1 through 26 inclusive: $ Note: The amount entered as the “Total Base Bid” should be identical to the Base Bid amount entered in Section 1 of the Bid Proposal form. Basis of Bid Comparison & Determination of Low Bidder will be based on Total Base Bid. Alternate Bid: Base Bid includes Senior Center being open and occupied throughout construction duration. Provide Alternate Bid which includes Items 1 through 26 but the construction schedule shall include closure of the Senior Center for two weeks. ALTERNATE BID ITEM NO. ITEM DESCRIPTION EST. QTY.UNIT UNIT COST 1 Closure of Senior Center for two weeks for Construction 1 LS $126,234.00 12 months maintenance and quarterly & annual testing per NFPA 72 1 LS $2,088.00 $2,088.00 TOTAL BASE BID $128,034.00 * Final Pay Quantity Patching walls including prepping, patching and painting 50 SF $92.26 $4,613.00 Patching ceilings including prepping, patching and painting 50 SF $105.12 $5,256.00 Addressable Monitor Module, Ansul Hood System 1 EA $275.15 $275.15 2-hr training session for Owner's Rep 1 LS $450.97 $450.97 Addressable Monitor Module, Double (Door Hold Opens)3 EA $275.15 $825.45 Addressable Relay Module, FSD 10 EA $275.15 $2,751.50 ITEM DESCRIPTION EST. QTY.UNIT UNIT COST EXTENDED TOTAL AMOUNT $ 128,034.00 Senior Center Fire Alarm System Replacement Project SUBCONTRACTOR LIST CIP #2019-02, NWS# BAI 001 Page 14 Subcontractor List For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1% of the Bidder’s total Base Bid,1 the bidder must list a description of the Work, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price. DESCRIPTION OF WORK NAME CONTRACTOR BUSINESS OF END OF SUBCONTRACTOR LIST 1 For street or highway construction, this requirement applies to any subcontract of $10,000 or more. Senior Center Fire Alarm System Replacement Project NONCOLLUSION DECLARATION CIP #2019-02, NWS# BAI 001 Page 15 Noncollusion Declaration TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the __________________________ [title] of _____________________________________ [business name], the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. This declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.C § 112. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______________ [date], at __________________________________ [city], _______ [state]. s/________________________________________ __________________________________________ Name [print] END OF NONCOLLUSION DECLARATION James Bannister Digitally signed by James Bannister DN: C=US, E=james.bannister@rexmoore.com, O=Rexmoore, OU=RMI, CN=James Bannister Location: Castro Valley, CA Reason: I agree to the terms defined by the placement of my signature on this document Contact Info: James Bannister Date: 2025.05.29 10:06:51-07'00' James Bannister Digitally signed by James Bannister DN: C=US, E=james.bannister@rexmoor e.com,O=Rexmoore, OU=RMI, CN=James Bannister Location: Castro Valley, CA Reason: I agree to the terms defined by the placement of my signature on this document Contact Info: James Bannister Date: 2025.05.29 10:20:43-07'00' Senior Center Fire Alarm System Replacement Project BIDDER’S QUESTIONNAIRE CIP #2019-02, NWS# BAI 001 Page 18 Bidder’s Questionnaire Senior Center Fire Alarm System Replacement Project As part of the bid documents, a bidder must submit to City a completed, signed Bidder’s Questionnaire using this form and all required attachments, including clearly labeled additional sheets as needed. City may request the Questionnaire from one or more of the apparent low bidders following the bid opening and may use the completed Questionnaire as part of its investigation to evaluate a bidder’s qualifications for this Project. The Questionnaire must be filled out completely, accurately, and legibly. Any errors, omissions, or misrepresentations in completion of the Questionnaire may be grounds for rejection of the bid or termination of a Contract awarded pursuant to the bid. Part A: General Information Phone Phone Contractor’s License Number(s): Number Check One: Part B: Bidder Experience name? (in years) general contractor? (Yes or No) Senior Center Fire Alarm System Replacement Project BIDDER’S QUESTIONNAIRE CIP #2019-02, NWS# BAI 001 Page 19 on grounds that it is not responsible, or otherwise disqualified or debarred from bidding under state or federal law? (Yes or No) If yes, provide additional information on a separate sheet regarding the disqualification or debarment, including the name and address of the agency or owner of the project, the type and size of the project, the reasons that Bidder was disqualified or debarred, and the month and year in which the disqualification or debarment occurred. alleged default, or legal violation from a construction project, either as a general contractor or as a subcontractor? (Yes or No) If yes, provide additional information on a separate sheet regarding the termination, including the name and address of the agency or owner of the subject project, the type and size of the project, whether Bidder was under contract as a general contractor or a subcontractor, the reasons that Bidder was terminated, and the month and year in which the termination occurred. Part C: Project Experience Provide information on at least three projects, performed as general contractor, that are similar in scope and character to this project. Three of the projects must be public sector projects. (Use separate sheets if required) Senior Center Fire Alarm System Replacement Project BIDDER’S QUESTIONNAIRE CIP #2019-02, NWS# BAI 001 Page 20 Project #1 A Project name B Project location C Project description: claim, lawsuit, mediation, or arbitration Senior Center Fire Alarm System Replacement Project BIDDER’S QUESTIONNAIRE CIP #2019-02, NWS# BAI 001 Page 21 Project #2 A Project name B Project location C Project description: claim, lawsuit, mediation, or arbitration Senior Center Fire Alarm System Replacement Project BIDDER’S QUESTIONNAIRE CIP #2019-02, NWS# BAI 001 Page 22 Project #3 A Project name B Project location C Project description: claim, lawsuit, mediation, or arbitration Senior Center Fire Alarm System Replacement Project BIDDER’S QUESTIONNAIRE CIP #2019-02, NWS# BAI 001 Page 23 Part D: Safety 1. Provide Bidder’s Experience Modification Rate (EMR) for the last three years: Year EMR 2. Complete the following, based on information provided in Bidder’s CalOSHA Form 300 or Form 300A, Annual Summary of Work-Related Illnesses and Injuries, from the most recent past calendar year: 3. Has Bidder ever been cited, fined, or prosecuted by any local, state, or federal agency, including OSHA, CalOSHA, or EPA, for violation of any law, regulation, or requirements pertaining to health and safety? If yes, provide additional information on a separate sheet regarding each such citation, fine, or prosecution, including the name and address of the agency or owner of the project, the type and size of the project, the reasons for and nature of the citation, fine, or prosecution, and the month and year in which the incident giving rise to the citation, fine, or prosecution occurred. 4. Name, title, and email for person responsible for Bidder’s safety program: Name Title Email Address Part D: Verification In signing this document, I, the undersigned, declare that I am duly authorized to sign and submit this Bidder’s Questionnaire on behalf of the named Bidder, and that all responses and information set forth in this Bidder’s Questionnaire and accompanying attachments are, to the best of my knowledge, true, accurate and complete as of the date of submission. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Signature: ______________________________ Date: ________________ By: _______________________________________________________________ Name and Title END OF BIDDER’S QUESTIONNAIRE James Bannister Digitally signed by James Bannister DN: C=US, E=james.bannister@re xmoore.com, O=Rexmoore, OU=RMI, CN=James Bannister Location: Castro Valley, CA Reason: I agree to the terms defined by the placement of my signature on this document Contact Info: James Bannister Date: 2025.05.29 10:07:33-07'00' APPENDIX A Minority Owned Business/Women Owned Business and Section 3 Certifications and Affirmative Marketing Plan INSTRUCTION: The purpose of the following forms are to document that the prospective bidder has made to the fullest extent possible, good faith efforts to subcontract work to minority-owned businesses/women-owned businesses and to employ low-income local workers for federally funded projects. Good faith efforts must be documented through the completion of the following forms and any primary source documentation of advertisements, postings, and communications shall be submitted to City staff. While it is mandatory to complete the following forms to be considered for the bid, staff will still consider bids which do not meet the benchmark levels as described. The following instructions on how to submit individual forms are as follows: Attachments A, B1, and C must be completed and signed by the contractor at the time of bid submittal. Attachment B2 must be completed and signed by the contractor prior to final payment. If Attachment A indicates that MBE/WBE subcontractors will be used, no primary source documentation of a marketing plan is necessary. If no MBE/WBE subcontractors will be used, documentation of the affirmative marketing plan must be included with bid submittal. If Attachment B1 indicates that the benchmark Section 3 and Targeted Section 3 hours will be worked, no primary source documentation of a marketing plan is necessary. If the benchmark targets are not anticipated to be met, then documentation of the affirmative marketing plan must be included with Attachment B2. Attachment B2 is always required to be submitted prior to final payment to report actual hours worked, regardless if Attachment B1 meets or does not meet the Section 3 benchmarks. Each worker that is a qualified Section 3 Worker or Targeted Section 3 Worker must complete and sign their own copy of the Section 3 Worker and Targeted Section 3 Worker Self Certification Form. Similarly, all businesses that are qualified Section 3 Business Concern must complete and sign their own copy of the Section 3 Business Concern Certification. All copies for Section 3 self certifications must be included with bid submittal. Bids which are unable to use MBE/WBE subcontractors or employ Section 3 workers will not be disqualified as long as good faith efforts to do so are documented and included in bids. NOTICE TO ALL BIDDERS The following documents labeled "MBE/WBE AND SECTION 3 AFFIRMATIVE MARKETING AND OUTREACH PLAN FOR THE CITY OF CUPERTINO" are requirements by the Department of Housing and Urban Development Act of 1968 (Section 3) and 1965 (Executive Order 11246) which the City of Cupertino will enforce during the course of work prescribed in the attached specifications. IT IS HIGHLY RECOMMENDED THAT PROSPECTIVE BIDDERS READ AND BECOME FAMILIAR WITH REGULATIONS AND INSTRUCTIONS RELATING TO THESE REQUIREMENTS WHICH ARE FOUND IN DETAIL AND MADE A PART OF THE SPECIFICATIONS AS FOLLOWS: • MINORITY/WOMEN'S BUSINESS ENTERPRISE REQUIREMENTS • SECTION 3 (LOCAL EMPLOYMENT) REQUIREMENTS To the fullest extent possible, bidders shall make provisions to provide employment opportunities to minority and women owned business enterprises, as well as low income local residents and Section 3 business concerns. A good faith effort shall be documentation of contractor efforts to employ minority/women's businesses and suppliers, and shall furthermore, document efforts to recruit from centralized minority referral sources and local community facilities. For examples of these efforts, refer to “Good Faith Effort” section of this document beginning on page 5. The following Three forms attached to this bid package must be completed and submitted with bid in order to be considered a responsible bid: 1. "MINORITY/WOMEN'S BUSINESS ENTERPRISE CLAUSES" 2. “SECTION 3 EMPLOYMENT AND CONTRACTING PLAN” 3. “MBE/WBE & SECTION 3 BIDDERS CERTIFICATION” If a contractor fails to show a good faith effort as described in this document, and does not complete and identify specific good faith efforts on the three required forms submitted with their bid documents the City of Cupertino reserves the right to reject and disqualify such bids. Contractors that need assistance in interpreting and meeting these requirements should contact the following prior to bid submittal: Nicky Vu Senior Housing Coordinator City of Cupertino (408) 777-1347 NickyV@cupertino.gov MBE/WBE AND SECTION 3 AFFIRMATIVE MARKETING AND OUTREACH PLAN FOR THE CITY OF CUPERTINO Responsibilities and procedures for carrying out the requirements for Minority/Women Business Enterprise outreach (MBE/WBE), and Section 3 employment opportunities for small business and lower income persons in connection with Community Development Block Grant Assisted projects. I. Purpose To ensure that to the greatest extent feasible, projects financed by the City of Cupertino Community Development Block Grant and HOME Program’s provide contract and employment opportunities for MBE/WBE and Section 3 Business Concerns and lower income persons in the City of Cupertino project area. “Minority Business Enterprise” (MBE) or Women Business Enterprise (WBE) means a business enterprise that is owned and controlled by one or more minority or socially and economically disadvantaged persons. Such disadvantage may arise from cultural, racial, chronic economic circumstances or other similar causes. Section 3 business concerns are not tied to race or ethnic origin of the owner. A minority business enterprise must provide evidence that it meets at least one criterion of a Section 3 business concern outlined below in order to receive preference under Section 3. However, the City anticipates that Section 3 will serve to support, and not impede, contract opportunities for minority business enterprises. The MBE designation may provide preferences promoted by other statutes and regulations, such as goals for MBE’s, and other socially and economically disadvantaged businesses. II. Policy and Outreach 1. It shall be the policy of the City of Cupertino: (a) Follow MBE/WBE outreach guidelines, and to comply with Federal regulations as required by Section 3 of the Housing and Urban Development Act of 1968. (b) Include qualified small and minority businesses and women’s business enterprises on solicitation lists. (c) To provide an ongoing program which assures the employment and recruitment of MBE/WBE and Section 3 Business Concerns, as well as opportunities for training and employing lower income persons residing in the service areas. (d) To assure that contracts for work in connection with Community Development Block Grant and HOME projects be awarded to MBE/WBE and Section 3 business concerns where possible. (e) To ensure maximum compliance with MBE/WBE and Section 3 regulations, by requiring a written Affirmative Action Plan with the submission of all bid proposals. (f) The City also recognizes the need for broad outreach, education and training relative to Section 3. The City’s outreach and training efforts will be to establish relationships with organizations that are involved in the regions workforce and small business development efforts. 2. Definitions Business concern – Business entity formed in accordance with State law, and is licensed under State, county, or municipal law to engage in their stated business. Contractor - Individual, company, corporation, partnership, or other entity which performs work in connection with Section 3 covered projects. Safe Harbor Benchmarks – The Section 3 goal of having 25% or more of all labor hours of the project worked by Section 3 workers and having 5% or more of all labor hours of the project worked by Targeted Section 3 workers. Section 3 - Means Section 3 of Housing and Urban Development Act of 1968, 12 U.S.C. 1701 u. Section 3 Business Concerns - Means those business concerns which are 51% or more owned by low-income or very low-income persons, or, those business concerns by which over 75% of all labor hours are performed by Section 3 workers, or, a business in which 51% or more of the company is owned and controlled by current residents of public housing or Section 8-assisted housing. Section 3 Clause - The contract provisions set forth in 24 CFR 75. Section 3 Covered Project – Means the construction or rehabilitation of housing or other public construction assisted with housing or community development assistance. Section 3 Worker – Workers who will be performing labor for the project who are individuals whose income does not exceed 80% (low-income) of the median income of the City of Cupertino, or, a worker employed by a Section 3 business concern, or, is a Youthbuild Participant. Service Area – As it applies to all contracts let by the City of Cupertino, the area within a one mile radius of the project define the ‘Service Area’. Subcontractor - Any properly licensed entity which has agreed to undertake a portion of the contractor obligation. Targeted Section 3 Worker – Workers who will be performing labor for the project who are employed by a Section 3 business concern, or, currently or has lived within the service area or neighborhood of the project as defined in 24 CFR 75.5 in the past 5 years, or, is or has been a Youthbuild Participant in the past 5 years. 3. City outreach efforts for Section 3 Training Potential outreach and educational efforts may include: • Development and distribution of Section 3 informational and educational materials • Providing Section 3 resources on the City’s website • Targeted community group mailings • Media presentations • Section 3 presentations and participation in local community forums • Section 3 job fair and networking opportunities 4. City outreach efforts to attract MBE/WBE/Section 3. Eligible business concerns shall be recruited to bid on Section 3 covered projects by personal contracts, local media, community organizations and public and private institutions which service the City. 5. Bidding Requirements The City of Cupertino requires prospective contractors to make their best efforts to provide employment and subcontracts to business concerns that provide economic opportunity to Section 3 workers. For work in connection with Section 3 covered projects to provide, prior to the signing of the contract, a preliminary statement of total labor hours to be worked on the project, the number of hours to be worked by Section 3 workers, the number of hours to be worked by Targeted Section 3 Workers, and which subcontractors they wish to receive services from which qualify as Section 3 business concerns, such information shall be supplied prior to the signing of any contract between contractors and their subcontractors. III. Specific Section 3 Requirements 1. In all contracts and subcontracts for work in connection with a Section 3 covered project, the following clause (referred to as Section 3 clause) will be included: (a) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (b) The contractor will certify that to the greatest extent possible that they will attempt to meet Safe Harbor Benchmarks per the regulations of 24 C.P.R. part 75. (c) The parties to this contract agree to comply with HUD's regulations in 24 C.F.R. part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with part 75 regulations. (d) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 C.P.R. part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 C.P.R. part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 C.P.R. part 75. (e) Noncompliance with HUD's regulations in 24 C.P.R. part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (f) With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 2. Employment and Training - Utilization of Lower Income Area Residents as Trainees (a) To ensure that each contractor or subcontractor undertaking work in connection with a Section 3 covered project utilizes lower income project area residents as trainees to the greatest extent feasible, the City shall require evidence that effort has been made to meet Safe Harbor Benchmarks; and Nothing in this part shall be construed to require the employment of a section 3 resident who does not meet the qualifications of the position to be filled. 3. Good Faith Effort In order to demonstrate a good faith effort, each contractor or subcontractor shall set forth evidence that it has: (a) Ascertained from HUD-City of Cupertino the boundaries of the service area. (b) Attempted to recruit from the Service Area the necessary number of lower income residents as new hires, through: (1) Local advertising media (2) Signs placed at the proposed site for the project and community organizations and public or private institutions operating within or serving the project area such as: (i) Quinlan Center (ii) City of Cupertino Human Resources Department – Job Board (iii) Public Housing Projects and Affordable Housing Projects (iv) State Employment Development Department (c) Maintained a list of all lower income residents who have applied either on their own or on referral from any source, and employ such persons, if otherwise eligible and if a trainee vacancy exists. (d) Show evidence that it has not filled vacant employment positions in its organization immediately prior to undertaking work in an attempt to circumvent Section 3 regulations. (e) The contractor agrees to send to each labor organization or representative or workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. 4. Utilization of Lower Income Area Residents as Employees This section is referenced on Attachment B SECTION 3 EMPLOYMENT AND CONTRACTING PLAN form included in this document. To ensure that each contractor, or subcontractor, to the greatest extent feasible where opportunities for training and employment exist shall utilize lower income project area residents as employees, the City of Cupertino will require that each contractor or subcontractor: (a) Identify the number of labor hours to be worked in the various occupational categories including skilled, semiskilled and unskilled labor needed to perform each phase of the Section 3 Covered Project. (b) Identify, for the positions noted in paragraph (a) above, the number of hours to be worked by Section 3 workers using definitions consistent with 24 CFR Part 75. (c) Identify, for the positions noted in paragraph (a) above, the number of hours to be worked by Targeted Section 3 workers using definitions consistent with 24 CFR Part 75. (d) Identify, the sub-contractors the applicant wishes to utilize the services of which qualify as Section 3 business concerns using definitions consistent with 24 CFR Part 75; and (e) Make a good faith effort to fill all of the positions identified in paragraph (d) above. 5. Utilization of Section 3 Business Concerns Located in Section 3 Covered Project Area Each contractor, or subcontractor undertaking work on a Section 3 Covered Project shall assure that to the greatest extent feasible contracts for work to be performed in connection with the Section 3 Covered Project, be awarded to Section 3 Business Concerns located within the Section 3 covered project area or owned in substantial part by persons residing in the Section 3 covered area. 6. HUD’s Complaint Process Any Section 3 resident or business may file a complaint alleging noncompliance with Section 3 by a contractor, subcontractor, developer and/or sub-recipient. Complaints will be investigated; if appropriate, voluntary resolutions will be sought. There are appeal rights to the Secretary. Section 3 residents and businesses may also seek judicial relief. Complaints are to be filed in writing to the regional FHEO office. Time of Filing A complaint must be filed with HUD not later than one hundred eighty (180) for Section 3. The grievance period starts the date of the action (or omission) upon which the grievance is based. IV. Record Keeping and Reports Attachment A MINORITY/WOMEN’S BUSINESS ENTERPRISE REQUIREMENTS CITY OF CUPERTINO (TO BE INCORPORATED IN BID DOCUMENTS) THIS FORM MUST BE COMPLETED AND SUBMITTED WITH BID. INCOMPLETE FORMS WILL BE CONSIDERED NON-RESPONSIVE. 1. It is the policy of the City of Cupertino to take positive steps to maximize the utilization of minority and women’s business enterprises in all contract activity administered. 2. The contractor will utilize his/her best efforts to carry out this policy in the award of his/her subcontracts including material supply contracts, to the fullest extent consistent with the efficient performance of this contract. As used in this contract, the term “minority or women’s business enterprise” means a business, at least 50 percent of which is owned by minority group members or women or, in the case of publicly owned businesses, at least 51 percent of the stock is owned by minority group members or women. For the purposes of this definition, minority group members are Black, Hispanic, Asian, Native Americans or Pacific Islanders. 3. THE CONTRACTOR WILL SUBMIT THE FOLLOWING STATEMENT AS PART OF HIS/HER SEALED BID: I have taken affirmative action to seek out and consider minority and women’s business enterprises for the portions of work to be subcontracted including material supply contracts. Such actions are fully documented and attached. Results are as follows: Name & Address of Minority/Women’s Firms Contractor Anticipates Utilizing* Indicate MBE/WBE add ethnicity Type of Work/ Material to be Supplied Subcontractor/ Supplier Contract Amount Contractor Total Bid Amount:__________________________ Total Subcontracted Amount :__________________________ Total Minority/Women’s Enterprise of Subcontracted Amount:___________________ _____ _______ Name of Contractor Contractor Signature Attachment B1 SECTION 3 EMPLOYMENT AND CONTRACTING PLAN CITY OF CUPERTINO (TO BE SUBMITTED WITH BID) THIS FORM MUST BE COMPLETED AND SUBMITTED WITH BID. INCOMPLETE FORMS WILL BE CONSIDERED NON-RESPONSIVE. 1. Contractor Name:____________________________________________________________ 2. Project Title/Number: _________________________________________________ 3. Final Contract Amount: _________________________ HUD has established the Safe Harbor Benchmarks – The Section 3 goal is 25% or more of all labor hours worked by Section 3 workers and 5% or more of all labor hours worked by Targeted Section 3 workers. Contractors must estimate the Section 3 labor hours in the chart below: Safe Harbor Benchmarks Estimated Total Labor Hours (A) 10 Section 3 Worker Hours (B) Total Labor Hours X .25 Targeted Section 3 Worker Hours (C) Total Labor Hours X .05 (Enter estimated total labor hours on line A and calculate Section 3 Benchmark hours on lines B and C) Contractors shall make every effort feasible to meet the benchmark by using the existing qualified workforce and by considering qualified Section 3 workers before any other person when hiring additional employees to complete the proposed work. If they are not met, contractors must demonstrate why meeting the benchmarks were not feasible and demonstrate the efforts they took to meet the targets. Examples of good faith efforts to meet the benchmarks include the following: • Outreach efforts to generate job applicants who are Public Housing Targeted Workers. • Outreach efforts to generate job applicants who are Other Funding Targeted Workers. • Direct, on-the-job training (including apprenticeships). • Indirect training such as arranging for, contracting for, or paying tuition for, off-site training. • Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching). • Outreach efforts to identify and secure bids from Section 3 business concerns. • Technical assistance to help Section 3 business concerns understand and bid on contracts. • Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns. • Held one or more job fairs. • Bonding assistance, guarantees, or other efforts to support viable bids from Section 3 business concerns. • Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses. • Outreach, engagement or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act. Contractor anticipates using the services of the following small businesses which are Section 3 business concerns, as subcontractors: (Attach a separate sheet if more space is needed) All subcontractors engaged by Contractor must also agree to comply with the Section 3 Plan presented above. Contractor agrees to undertake a good faith effort to comply with all provisions of Section 3 of the Housing and Urban Development Act of 1968. NAME: ____________________________ TITLE: _______________________________ SIGNATURE:___________________________________________ James Bannister Digitally signed by James Bannister DN: C=US, E=james.bannister@rexmoore.com, O=Rexmoore, OU=RMI, CN=James Bannister Location: Castro Valley, CA Reason: I agree to the terms defined by the placement of my signature on this document Contact Info: James Bannister Date: 2025.05.29 10:08:04-07'00' The City of Cupertino Section 3 Worker Certification Eligibility Guidelines The worker’s income must be at or below the amount provided below for an individual (household of 1) regardless of actual household size. Individual Income Limits See Section 3 Worker Definition: • A low or very low-income resident (the worker’s income for the previous or annualized calendar year is below the income limit established by HUD); or • Employed by a Section 3 business concern; or • A YouthBuild participant. Targeted Section 3 Worker Definition (for housing and community development) • Employed by a Section 3 business concern or • Currently meets or when hired met at least one of the following categories as documented within the past five years: o Living within the service area or the neighborhood of the project, as defined in 24 CFR 75.5 • A YouthBuild participant. City of Cupertino Low Income Limits (80%) $104,100 Section 3 Worker and Targeted Section 3 Worker Self Certification Form The purpose of HUD’s Section 3 program is to provide employment, training and contract ing opportunities to low-income individuals, particularly those who are recipients of government assistance for housing or other public assistance programs. Your response is voluntary, confidential, and has no effect on your employment. Eligibility for Section 3 Worker or Targeted Section 3 Worker Status A Section 3 worker seeking certification shall self-certify and submit this form to the recipient contractor or subcontractor, that the person is a Section 3 worker or Targeted Section 3 Worker as defined in 24 CFR Part 75. Instructions: Enter/select the appropriate information to confirm your Section 3 worker or Targeted Section 3 Worker status. Employee Name: 1. Are you an employee of a Section 3 business concern? ☐YES ☐NO 2. Do you live within one mile of the project location? ☐YES ☐NO 3. Are you a Youthbuild participant? ☐YES ☐NO 4. In the field below enter in your estimated annual income: _____________________________________________________________________________________________ Select from ONE of the following two options below: I qualify as a: ☐ Section 3 Worker (see page 1) ☐ Targeted Section 3 Worker (see page 1) Employee Affirmation I affirm that the above statements (on frontside of this form) are true, complete, and correct to the best of my knowledge and belief. I hereby certify, under penalty of law, that the following information is correct to the best of my knowledge. Employee Address: ________________________________________________________ Print Name: ______________________________ Date Hired: _______________________ Signature: _________________________________Date: _____________ _________ FOR ADMINISTRATIVE USE ONLY Is the employee a Section 3 worker based upon their self-certification? □YES □NO Is the employee a Targeted Section 3 worker based upon their self-certification? □YES □NO Was this an applicant who was hired as a result of the Section 3 project? □YES □NO If Yes, what is the name of the company? _____________________ What was the date of hire? ____________________ EMPLOYERS MUST RETAIN THIS FORM IN THEIR SECTION 3 COMPLIANCE FILE FOR FIVE YEARS Section 3 Business Concern Certification Instructions: Enter the following information and select the criteria that applies to certify your business’ Section 3 Business Concern status. Business Information Name of Business Address of Business _____________________________________ Name of Business Owner ____________________________________ Phone Number of Business Owner Email Address of Business Owner Preferred Contact Information ☐ Same as above Name of Preferred Contact ________ Phone Number of Preferred Contact _____ Type of Business (select from the following options): ☐Corporation ☐Partnership ☐Sole Proprietorship ☐Joint Venture Select from ONE of the following three options below that applies: ☐ At least 51 percent of the business is owned and controlled by low- or very low-income persons (Refer to income guidelines on page 4). ☐ At least 51 percent of the business is owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing. ☐ Over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers (Refer to definition on page 4). Business Concern Affirmation I affirm that the above statements (on the frontside of this form) are true, complete, and correct to the best of my knowledge and belief. I understand that businesses who misrepresent themselves as Section 3 business concerns and report false information to [insert name of recipient/grantee] may have their contracts terminated as default and be barred from ongoing and future considerations for contracting opportunities. I hereby certify, under penalty of law, that the following information is correct to the best of my knowledge. . Print Name: ____________________ ___________ Signature: ________________________________ Date: *Certification expires within six months of the date of signature Information regarding Section 3 Business Concerns can be found at 24 CFR 75.5 FOR ADMINISTRATIVE USE ONLY Is the business a Section 3 business concern based upon their certification? □YES □NO EMPLOYERS MUST RETAIN THIS FORM IN THEIR SECTION 3 COMPLIANCE FILE FOR FIVE YEARS. James Bannister Digitally signed by James Bannister DN: C=US, E=james.bannister@rexmoo re.com,O=Rexmoore, OU=RMI, CN=James Bannister Location: Castro Valley, CA Reason: I agree to the terms defined by the placement of my signature on this document Contact Info: James Bannister Date: 2025.05.29 10:10:24-07'00' Attachment B2 SECTION 3 EMPLOYMENT AND CONTRACTING PLAN CITY OF CUPERTINO (TO BE COMPLETED AT PROJECT COMPLETION) THIS FORM MUST BE COMPLETED AND SUBMITTED BEFORE FINAL PAYMENT. INCOMPLETE FORMS WILL BE RETURNED FOR COMPLETION. 1. Contractor Name:____________________________________________________________ 2. Project Title/Number: _________________________________________________ 3. Final Contract Amount: _________________________ HUD has established the Safe Harbor Benchmarks – The Section 3 goal is 25% or more of all labor hours worked by Section 3 workers and 5% or more of all labor hours worked by Targeted Section 3 workers. Contractors must report the actual Section 3 labor hours in the chart below: Actual Labor Hours Safe Harbor Benchmark Actual Labor Hour Percentage Total Labor Hours n/a Section 3 Worker Hours 25% Targeted Section Worker This section below is required if based on the labor hours reporting above, the contractor did not meet the safe harbor benchmarks. The contractor must provide documentation of their best efforts to meet the benchmarks and provide an explanation why meeting the benchmarks was not feasible. Check all that apply. Maintain records available for City and HUD review to document efforts checked. Please provide explanation as to why meeting the Safe Habor Benchmarks was not feasible: ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ The contractor certifies that the above is correct. NAME: ____________________________ TITLE: _______________________________ SIGNATURE:___________________________________________ Attachment C The City of Cupertino Community Development Department 10300 Torre Ave Cupertino, CA 95014 THIS FORM TO BE COMPLETED AND SUBMITTED WITH BID. INCOMPLETE FORMS WILL BE CONSIDERED NON-RESPONSIVE. MBE/WBE & Section 3 Bidders Certification Name of Company __________________________________________________ Address __________________________________________________________ Project Title _______________________________________________________ Project Number ____________________ This is to certify that I have read and understand the MBE/WBE requirements as well as the Section 3 resident employment and Section 3 resident business utilization requirements that apply to the above cited project. Said requirements being known as the MBE/WBE Policies found at 24 CFR Part 85, section 36, and Section 3 Clause found in 24 CFR 75 and that neither the project nor the company is under any contractual restrictions or other disabilities which would prevent the company from complying with said requirements. Signature of Company Officer _______________________________________ Name and Title of Officer ___________________________________________ Date _______________________ James Bannister Digitally signed by James Bannister DN: C=US, E=james.bannister@rexmoore.com, O=Rexmoore, OU=RMI, CN=James Bannister Location: Castro Valley, CA Reason: I agree to the terms defined by the placement of my signature on this document Contact Info: James Bannister Date: 2025.05.29 10:10:59-07'00' Senior Center Fire Alarm System Replacement Project PROJECT INFORMATION CIP #2019-02, NWS# BAI 001 Page 1 PUBLIC WORKS DEPARTMENT • 10300 TORRE AVENUE • CUPERTINO, CALIFORNIA 95014 PROJECT MANUAL FOR THE CAPITAL IMPROVEMENT PROGRAMS’ Senior Center Fire Alarm System Replacement Project Bid Dates: Bid Package posted: Monday, April 21 Site Visit (Non-Mandatory): Thursday, May 8 at 10am RFI’s due date: Monday, May 12, 2pm Bids due: Thursday, May 15, 2pm APPROVED BY: _______________________________________ Jimmy Tan, P.E., Assistant Director of Public Works Senior Center Fire Alarm System Replacement Project PROJECT INFORMATION CIP #2019-02, NWS# BAI 001 Page 2 PROJECT INFORMATION: LOCATION MAP: City of Cupertino – Senior Center Fire Alarm System Replacement Project Budget Unit: 420-99-063 NWS: BAI 001 CIP project: 2019-02 APN: 326 29 006 Location: 21251 Stevens Creek Blvd., Cupertino, CA 95014 Project Overview: Project consists of the replacement of the existing fire alarm system of the building as it is past the end of its useful life and the main building Fire Alarm Control Panel is no longer serviceable. The intent is to replace the existing Notifier AFP-400 Fire Alarm Control Panel and provide a one-for-one replacement of all detection, notification, control equipment and wiring. The result will be an addressable, completely supervised, intelligent, digital voice fire alarm system throughout the building. To the greatest extent possible, the existing fire alarm system infrastructure, including cabling (if found to be in acceptable condition) shall be re-used throughout the building. Refer to the Technical Specifications for additional detail. Senior Center Fire Alarm System Replacement Project PROJECT INFORMATION CIP #2019-02, NWS# BAI 001 Page 3 PROJECT DIRECTORY Bid Administrator: City of Cupertino City of Cupertino - Public Works 10555 Mary Avenue Cupertino, CA 95014 PH: (408) 777-3269 *Use this Address for Stop Notices Susan Michael, CIP Manager City of Cupertino - Public Works 10300 Torre Avenue Cupertino, CA 95014 PH: (408) 777-3354 Engineer of Record: Alyson Blair, P.E. Associate Principal 235 Montgomery St. #1250 San Francisco, CA 94104 PH: (415) 693-1600 Senior Center Fire Alarm System Replacement Project TABLE OF CONTENTS CIP #2019-02, NWS# BAI 001 Page i TABLE OF CONTENTS Notice Inviting Bids ....................................................................................................................... 1 Instructions to Bidders ................................................................................................................. 3 Bid Proposal ................................................................................................................................... 9 Bid Schedule ................................................................................................................................ 12 Subcontractor List ....................................................................................................................... 14 Noncollusion Declaration ........................................................................................................... 15 Bid Bond ....................................................................................................................................... 16 Bidder’s Questionnaire ............................................................................................................... 18 Contract ........................................................................................................................................ 24 Payment Bond .............................................................................................................................. 29 Performance Bond ...................................................................................................................... 31 General Conditions ..................................................................................................................... 33 Article 1 - Definitions ................................................................................................................... 33 Definitions .................................................................................................................................. 33 Article 2 - Roles and Responsibilities ....................................................................................... 36 2.1 City ................................................................................................................................ 36 2.2 Contractor ...................................................................................................................... 36 2.3 Subcontractors .............................................................................................................. 39 2.4 Coordination of Work ..................................................................................................... 40 2.5 Submittals ...................................................................................................................... 40 2.6 Shop Drawings .............................................................................................................. 41 Article 3 - Contract Documents .................................................................................................. 42 3.1 Interpretation of Contract Documents ........................................................................... 42 3.2 Order of Precedence ..................................................................................................... 42 3.3 Caltrans Standard Specifications .................................................................................. 43 3.4 For Reference Only ....................................................................................................... 43 3.5 Current Versions ........................................................................................................... 44 3.6 Conformed Copies ........................................................................................................ 44 Article 4 - Bonds, Indemnity, and Insurance ............................................................................ 44 4.1 Payment and Performance Bonds ................................................................................ 44 4.2 Indemnity ....................................................................................................................... 44 4.3 Insurance ....................................................................................................................... 45 Article 5 - Contract Time ............................................................................................................. 47 5.1 Time is of the Essence .................................................................................................. 47 5.2 Schedule Requirements ................................................................................................ 47 5.3 Delay and Extensions of Contract Time ........................................................................ 49 5.4 Liquidated Damages ..................................................................................................... 52 Article 6 - Contract Modification ................................................................................................ 53 6.1 Contract Modification. .................................................................................................... 53 6.2 Contractor Change Order Requests ............................................................................. 54 6.3 Adjustments to Contract Price ....................................................................................... 55 6.4 Unilateral Change Order ............................................................................................... 55 6.5 Non-Compliance Deemed Waiver ................................................................................. 56 Article 7 - General Construction Provisions ............................................................................. 56 7.1 Permits, Fees, Business License, and Taxes ............................................................... 56 7.2 Temporary Facilities ...................................................................................................... 56 7.3 Noninterference and Site Management ........................................................................ 56 7.4 Signs .............................................................................................................................. 57 7.5 Project Site and Nearby Property Protections. ............................................................. 57 7.6 Materials and Equipment............................................................................................... 58 Senior Center Fire Alarm System Replacement Project TABLE OF CONTENTS CIP #2019-02, NWS# BAI 001 Page ii 7.7 Substitutions .................................................................................................................. 59 7.8 Testing and Inspection .................................................................................................. 60 7.9 Project Site Conditions and Maintenance ..................................................................... 61 7.10 Instructions and Manuals .............................................................................................. 62 7.11 As-built Drawings .......................................................................................................... 63 7.12 Existing Utilities ............................................................................................................. 63 7.13 Notice of Excavation ...................................................................................................... 63 7.14 Trenching and Excavations of Four Feet or More ......................................................... 63 7.15 Trenching of Five Feet or More ..................................................................................... 64 7.16 New Utility Connections ................................................................................................ 64 7.17 Lines and Grades. ......................................................................................................... 64 7.18 Historic or Archeological Items ...................................................................................... 65 7.19 Environmental Control ................................................................................................... 65 7.20 Noise Control. ................................................................................................................ 65 7.21 Mined Materials. ............................................................................................................ 65 Article 8 - Payment ...................................................................................................................... 66 8.1 Schedule of Values ....................................................................................................... 66 8.2 Progress Payments ....................................................................................................... 66 8.3 Adjustment of Payment Application .............................................................................. 67 8.4 Early Occupancy. .......................................................................................................... 68 8.5 Retention ....................................................................................................................... 68 8.6 Payment to Subcontractors and Suppliers .................................................................... 68 8.7 Final Payment ............................................................................................................... 69 8.8 Release of Claims ......................................................................................................... 69 8.9 Warranty of Title ............................................................................................................ 69 Article 9 - Labor Provisions ........................................................................................................ 69 9.1 Discrimination Prohibited............................................................................................... 69 9.2 Labor Code Requirements ............................................................................................ 69 9.3 Prevailing Wages .......................................................................................................... 70 9.4 Payroll Records ............................................................................................................. 70 9.5 Labor Compliance ......................................................................................................... 71 Article 10 - Safety Provisions ..................................................................................................... 71 10.1 Safety Precautions and Programs ................................................................................ 71 10.2 Hazardous Materials ..................................................................................................... 71 10.3 Material Safety .............................................................................................................. 72 10.4 Hazardous Condition ..................................................................................................... 72 10.5 Emergencies ................................................................................................................. 72 Article 11 - Completion and Warranty Provisions .................................................................... 72 11.1 Final Completion ........................................................................................................... 72 11.2 Warranty ........................................................................................................................ 73 11.3 Use Prior to Final Completion ....................................................................................... 74 11.4 Substantial Completion ................................................................................................. 74 Article 12 - Dispute Resolution .................................................................................................. 75 12.1 Claims............................................................................................................................ 75 12.2 Claims Submission ........................................................................................................ 75 12.3 City’s Response ............................................................................................................ 77 12.4 Meet and Confer ............................................................................................................ 77 12.5 Mediation and Government Code Claims ..................................................................... 77 12.6 Tort Claims .................................................................................................................... 78 12.7 Arbitration ...................................................................................................................... 78 12.8 Burden of Proof and Limitations .................................................................................... 78 12.9 Legal Proceedings ......................................................................................................... 78 12.10 Other Disputes .............................................................................................................. 79 Article 13 - Suspension and Termination .................................................................................. 79 13.1 Suspension for Cause ................................................................................................... 79 Senior Center Fire Alarm System Replacement Project TABLE OF CONTENTS CIP #2019-02, NWS# BAI 001 Page iii 13.2 Suspension for Convenience ........................................................................................ 79 13.3 Termination for Default .................................................................................................. 80 13.4 Termination for Convenience ........................................................................................ 81 13.5 Actions Upon Termination for Default or Convenience ................................................. 81 Article 14 - Miscellaneous Provisions ....................................................................................... 82 14.1 Assignment of Unfair Business Practice Claims ........................................................... 82 14.2 Provisions Deemed Inserted ......................................................................................... 82 14.3 Waiver ........................................................................................................................... 83 14.4 Titles, Headings, and Groupings ................................................................................... 83 14.5 Statutory and Regulatory References ........................................................................... 83 14.6 Survival. ......................................................................................................................... 83 Special Conditions ...................................................................................................................... 84 Technical Specifications: Section 011100 - Summary Section 011400 - Work Restrictions Section 017300 - Execution Section 024119 - Selective Demolition Section 078413 - Penetration Firestopping Section 280500 - Common Work Results for Electronic Safety Section 280513 - Conductors and Cables for Electronic Safety Section 283111 - Digital, Addressable Fire-Alarm System Appendix: A Minority Owned Business/Women Owned Business and Section 3 Certfications and Affirmative Marketing Plan B Record Drawings Senior Center Fire Alarm System Replacement Project NOTICE INVITING BIDS CIP #2019-02, NWS# BAI 001 Page 1 Notice Inviting Bids 1. Bid Submission. City of Cupertino (“City”) will accept sealed bids for its Senior Center Fire Alarm System Replacement Project (“Project”), by or before May 15, 2025, by 2pm PT, via electronic submission to the City’s “Business Opportunities” online portal in the manner set forth in Section 1 of the Instructions to Bidders, at which time the bids will be opened by the City. 2. Project Information. 2.1 Location and Description. The Project is located at 21251 Stevens Creek Boulevard, Cupertino, CA 95014 and is described as follows: the replacement of the existing fire alarm system of the building as it is past the end of its useful life and the main building Fire Alarm Control Panel is no longer serviceable. The intent is to replace the existing Notifier AFP-400 Fire Alarm Control Panel and provide a one-for-one replacement of all detection, notification, control equipment and wiring. The result will be an addressable, completely supervised, intelligent, digital voice fire alarm system throughout the building. To the greatest extent possible, the existing fire alarm system infrastructure, including cabling (if found to be in acceptable condition) shall be re-used throughout the building. Provide a new amplifier as part of the new fire alarm control panel, new visual and audible voice notification appliances, duct detectors, smoke detectors, manual pull stations, and other initiating and control modules for a fully operational system, meeting the requirements of the applicable codes and standards. Patch and repair any finishes disturbed as a result of fire alarm installation and removal work. Provide new cellular digital alarm communication transmitter. 2.2 Time for Final Completion. The Project must be fully completed within 180 calendar days from the start date set forth in the Notice to Proceed. City anticipates that the Work will begin on or about July 1, 2025, but the anticipated start date is provided solely for convenience and is neither certain nor binding. 2.3 Estimated Cost. The estimated construction cost is $130,000.00. 3. License and Registration Requirements. 3.1 License. This Project requires a valid California contractor’s license for the following classification(s): C-16, Fire Protection Contractors License & C-10 Electrical. 3.2 DIR Registration. City may not accept a Bid Proposal from or enter into the Contract with a bidder, without proof that the bidder is registered with the California Department of Industrial Relations (“DIR”) to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions. 4. Contract Documents. The plans, specifications, bid forms and contract documents for the Project, and any addenda thereto (“Contract Documents”) may be downloaded from City’s Business Opportunities website located at: https://apps.cupertino.gov/bidManagement/index.aspx. 5. Bid Security. The Bid Proposal must be accompanied by bid security of ten percent of the maximum bid amount, in the form of a cashier’s or certified check made payable to City, or a bid bond executed by a surety licensed to do business in the State of California on the Bid Bond form included with the Contract Documents. The bid security must guarantee that within ten days after City issues the Notice of Potential Award, the successful bidder will Senior Center Fire Alarm System Replacement Project NOTICE INVITING BIDS CIP #2019-02, NWS# BAI 001 Page 2 execute the Contract and submit the payment and performance bonds, insurance certificates and endorsements, valid Certificates of Reported Compliance as required under the California Air Resources Board’s In-Use Off-Road Diesel-Fueled Fleets Regulation (13 CCR § 2449 et seq.) (“Off-Road Regulation”), if applicable, and any other submittals required by the Contract Documents and as specified in the Notice of Potential Award. 6. Prevailing Wage Requirements. 6.1 General. Pursuant to California Labor Code § 1720 et seq., this Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. 6.2 Rates. The prevailing rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Project. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half. 6.3 Compliance. The Contract will be subject to compliance monitoring and enforcement by the DIR, under Labor Code § 1771.4. 7. Performance and Payment Bonds. The successful bidder will be required to provide performance and payment bonds, each for 100% of the Contract Price, as further specified in the Contract Documents. 8. Substitution of Securities. Substitution of appropriate securities in lieu of retention amounts from progress payments is permitted under Public Contract Code § 22300. 9. Subcontractor List. Each Subcontractor must be registered with the DIR to perform work on public projects. Each bidder must submit a completed Subcontractor List form with its Bid Proposal, including the name, location of the place of business, California contractor license number, DIR registration number, and percentage of the Work to be performed (based on the base bid price) for each Subcontractor that will perform Work or service or fabricate or install Work for the prime contractor in excess of one-half of 1% of the bid price, using the Subcontractor List form included with the Contract Documents. 10. Instructions to Bidders. All bidders should carefully review the Instructions to Bidders for more detailed information before submitting a Bid Proposal. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, as defined therein, including this Notice Inviting Bids. 11. Site Visit. A site visit will be held on May 8, 2025 at 10:00am at the following location: 21251 Stevens Creek Boulevard, Cupertino, CA 95014 to acquaint all prospective bidders with the Contract Documents and the Worksite. The bidders’ conference is non-mandatory. Signed: Kirsten Squarcia, City Clerk Date: <insert date> Publication Date: < insert date > END OF NOTICE INVITING BIDS Senior Center Fire System Alarm Replacement Project INSTRUCTIONS TO BIDDERS CIP #2019-02, NWS# BAI 001 Page 3 Instructions to Bidders Each Bid Proposal submitted to the City of Cupertino (“City”) for its Senior Center Fire Alarm System Replacement Project (“Project”) must be submitted in accordance with the following instructions and requirements: 1. Bid Submission. 1.1 General. Each Bid Proposal must be completed, using the form provided in the Contract Documents, signed, and submitted to City with all required forms and attachments, by or before the date and time set forth in Section 1 of the Notice Inviting Bids, or as amended by subsequent addendum. Faxed or emailed Bid Proposals will not be accepted, unless otherwise specified. Late submissions will not be accepted. City reserves the right to postpone the date or time for receiving or opening bids. Each bidder is solely responsible for its costs to prepare and submit its bid and by submitting a bid waives any right to recover those costs from City. The bid price(s) must include all costs to perform the Work as specified, including all labor, material, supplies, and equipment and all other direct or indirect costs such as applicable taxes, insurance and overhead. 1.2 Electronic Submission. The Bid Proposal and all required forms and attachments must be submitted in PDF format on the City’s “Business Opportunities” portal at https://apps.cupertino.gov/bidManagement/index.aspx. To submit a bid, (1) select the folder icon in the “Actions” column for the Project; (2) select the “Electronic Submission” tab; (3) when the log-in screen appears, enter the log-in credentials used to access the Contract Documents and/or create an account, as appropriate; (4) after logging in, carefully follow all instructions for electronic submission of the Bid Proposal and all required forms and attachments. Each bidder should familiarize itself with the City’s “Business Opportunities” portal before the bid deadline. Electronic submission may take more time than anticipated. Each bidder should plan accordingly and afford itself ample time to upload its bid. Bids that are in the process of uploading but are not completely uploaded by the bid deadline will be automatically rejected by the portal. The portal will not allow submission after the bid deadline. 1.3 Bid Posting. The amount of each bid and such other relevant information as the City deems appropriate, together with the name of each bidder, shall be posted on the City website https://apps.cupertino.gov/bidManagement/index.aspx on the first working day following a period of 48 hours after the bid opening and remain open to public inspection for a period of not less than fifteen (15) calendar days after the bid opening. 1.3 DIR Registration. City may not accept a Bid Proposal from a bidder without proof that the bidder is registered with the DIR to perform public work under Labor Code § 1725.5. If City is unable to confirm that the bidder is currently registered with the DIR, City may disqualify the bidder and return its bid unopened. (Labor Code §§ 1725.5 and 1771.1(a).) 2. Bid Proposal Form and Enclosures. Each Bid Proposal must be completed legibly using the Bid Proposal form included with the Contract Documents. The Bid Proposal form must be fully completed without interlineations, alterations, or erasures. Any necessary corrections must be clear and legible and must be initialed by the bidder’s authorized representative. A Bid Proposal submitted with exceptions or terms such as “negotiable,” Senior Center Fire System Alarm Replacement Project INSTRUCTIONS TO BIDDERS CIP #2019-02, NWS# BAI 001 Page 4 “will negotiate,” or similar, will be considered nonresponsive. Each Bid Proposal must be accompanied by bid security, as set forth in Section 4 below, and by a completed Subcontractor List and Non-Collusion Declaration using the forms included with the Contract Documents, and any other required enclosures, as applicable. 3. Authorization and Execution. Each Bid Proposal must be signed by the bidder’s authorized representative. A Bid Proposal submitted by a partnership must be signed in the partnership name by a general partner with authority to bind the partnership. A Bid Proposal submitted by a corporation must be signed with the legal name of the corporation, followed by the signature and title of two officers of the corporation with full authority to bind the corporation to the terms of the Bid Proposal, under California Corporations Code § 313. 4. Bid Security. Each Bid Proposal must be accompanied by bid security of ten percent of the maximum bid amount, in the form of a cashier’s check or certified check, made payable to the City, or bid bond using the form included in the Contract Documents and executed by a surety licensed to do business in the State of California. 4.1 Form of Security and Submission. In addition to submitting a PDF copy of the bid security, the wet-inked original bid bond, cashier’s or certified check, must be sent to the City via U.S. Mail or a reliable overnight delivery service in a sealed envelope addressed to City of Cupertino, Office of the City Clerk, 10300 Torre Avenue, Cupertino, CA 95014 and clearly labeled with the bidder’s legal name and address, the Project title, and date and time of the bid deadline. The envelope containing the original form of bid security must be postmarked or otherwise dated to show that it was submitted to the United States Postal Service or overnight delivery service by or before the date of the bid deadline. 4.2 Bid Guarantee. The bid security must guarantee that, within ten days after issuance of the Notice of Potential Award, the bidder will: execute and submit the enclosed Contract for the bid price; submit payment and performance bonds for 100% of the maximum Contract Price; submit the insurance certificates and endorsements; and submit valid Certificates of Reported Compliance as required by the Off-Road Regulation, if applicable, and any other submittals, if any, required by the Contract Documents or the Notice of Potential Award. A Bid Proposal may not be withdrawn for a period of 60 days after the bid opening without forfeiture of the bid security, except as authorized for material error under Public Contract Code § 5100 et seq. 5. Requests for Information. Questions or requests for clarifications regarding the Project, the bid procedures, or any of the Contract Documents must be submitted in writing to Jimmy Tan, P.E., Assistant Director of Public Works, at jimmyt@cupertino.gov with the following text in the subject line “Senior Center FAS Project”. Oral responses are not authorized and are not binding on the City. Bidders should submit any such written inquiries at least five Working Days before the scheduled bid opening. Questions received later may not be addressed before the bid deadline. An interpretation or clarification by City in response to a written inquiry will be issued in an addendum. 6. Pre-Bid Investigation. 6.1 General. Each bidder is solely responsible at its sole expense for diligent and thorough review of the Contract Documents, examination of the Project site, and reasonable and prudent inquiry concerning known and potential site and area conditions prior to submitting a Bid Proposal. Each bidder is responsible for knowledge of conditions and requirements which reasonable review and investigation would have disclosed. However, except for any areas that are open to Senior Center Fire System Alarm Replacement Project INSTRUCTIONS TO BIDDERS CIP #2019-02, NWS# BAI 001 Page 5 the public at large, bidders may not enter property owned or leased by the City or the Project site without prior written authorization from City. 6.2 Document Review. Each bidder is responsible for review of the Contract Documents and any informational documents provided “For Reference Only,” e.g., as-builts, technical reports, test data, and the like. A bidder is responsible for notifying City of any errors, omissions, inconsistencies, or conflicts it discovers in the Contract Documents, acting solely in its capacity as a contractor and subject to the limitations of Public Contract Code § 1104. Notification of any such errors, omissions, inconsistencies, or conflicts must be submitted in writing to the City no later than five Working Days before the scheduled bid opening. (See Section 5, above.) City expressly disclaims responsibility for assumptions a bidder might draw from the presence or absence of information provided by City. 6.3 Project Site. Questions regarding the availability of soil test data, water table elevations, and the like should be submitted to the City in writing, as specified in Section 5, above. Any subsurface exploration at the Project site must be done at the bidder’s expense, but only with prior written authorization from City. All soil data and analyses available for inspection or provided in the Contract Documents apply only to the test hole locations. Any water table elevation indicated by a soil test report existed on the date the test hole was drilled. The bidder is responsible for determining and allowing for any differing soil or water table conditions during construction. Because groundwater levels may fluctuate, difference(s) in elevation between ground water shown in soil boring logs and ground water actually encountered during construction will not be considered changed Project site conditions. Actual locations and depths must be determined by bidder’s field investigation. The bidder may request access to underlying or background information on the Project site in City’s possession that is necessary for the bidder to form its own conclusions, including, if available, record drawings or other documents indicating the location of subsurface lines, utilities, or other structures. 6.4 Utility Company Standards. The Project must be completed in a manner that satisfies the standards and requirements of any affected utility companies or agencies (collectively, “utility owners”). The successful bidder may be required by the third-party utility owners to provide detailed plans prepared by a California registered civil engineer showing the necessary temporary support of the utilities during coordinated construction work. Bidders are directed to contact the affected third-party utility owners about their requirements before submitting a Bid Proposal. 7. Bidders Interested in More Than One Bid. No person, firm, or corporation may submit or be a party to more than one Bid Proposal unless alternate bids are specifically called for. However, a person, firm, or corporation that has submitted a subcontract proposal or quote to a bidder may submit subcontract proposals or quotes to other bidders. 8. Addenda. Subject to the limitations of Public Contract Code § 4104.5, City reserves the right to issue addenda prior to bid time. Any addenda issued prior to the bid opening are part of the Contract Documents. Each bidder is solely responsible for ensuring it has received and reviewed all addenda prior to submitting its bid. Bidders should check City’s website periodically for any addenda or updates on the Project at: https://apps.cupertino.gov/bidManagement/index.aspx. 9. Brand Designations and “Or Equal” Substitutions. Any specification designating a material, product, thing, or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate quality and type of item desired, and bidders may request use of any equal material, product, thing, or service. All data substantiating the Senior Center Fire System Alarm Replacement Project INSTRUCTIONS TO BIDDERS CIP #2019-02, NWS# BAI 001 Page 6 proposed substitute as an equal item must be submitted with the written request for substitution. A request for substitution must be submitted within 35 days after Notice of Potential Award unless otherwise provided in the Contract Documents. This provision does not apply to materials, products, things, or services that may lawfully be designated by a specific brand or trade name under Public Contract Code § 3400(c). 10. Bid Protest. Any bid protest against another bidder must be submitted in writing and received by City at 10300 Torre Avenue, Cupertino, CA 95014 or sent via email at jimmyt@cupertino.gov before 5:00 p.m. no later than two Working Days following bid opening (“Bid Protest Deadline”) and must comply with the following requirements: 10.1 General. Only a bidder who has actually submitted a Bid Proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder but must timely pursue its own protest. For purposes of this Section 10, a “Working Day” means a day that City is open for normal business, and excludes weekends and holidays observed by City. Pursuant to Public Contract Code § 4104, inadvertent omission of a Subcontractor’s DIR registration number on the Subcontractor List form is not grounds for a bid protest, provided it is corrected within 24 hours of the bid opening or as otherwise provided under Labor Code § 1771.1(b). 10.2 Protest Contents. The bid protest must contain a complete statement of the basis for the protest and must include all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the protesting bidder and any person submitting the protest on behalf of or as an authorized representative of the protesting bidder. 10.3 Copy to Protested Bidder. Upon submission of its bid protest to City, the protesting bidder must also concurrently transmit the protest and all supporting documents to the protested bidder, and to any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest, by email or hand delivery to ensure delivery before the Bid Protest Deadline. 10.4 Response to Protest. The protested bidder may submit a written response to the protest, provided the response is received by City before 5:00 p.m., within two Working Days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must attach all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person responding on behalf of or representing the protested bidder if different from the protested bidder. 10.5 Copy to Protesting Bidder. Upon submission of its response to the bid protest to the City, the protested bidder must also concurrently transmit by email or hand delivery, by or before the Response Deadline, a copy of its response and all supporting documents to the protesting bidder and to any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest. 10.6 Exclusive Remedy. The procedure and time limits set forth in this Section are mandatory and are the bidder’s sole and exclusive remedy in the event of a bid protest. A bidder’s failure to comply with these procedures will constitute a waiver Senior Center Fire System Alarm Replacement Project INSTRUCTIONS TO BIDDERS CIP #2019-02, NWS# BAI 001 Page 7 of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings. 10.7 Right to Award. City reserves the right, acting in its sole discretion, to reject any bid protest that it determines lacks merit; to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a Notice to Proceed with the Work notwithstanding any pending or continuing challenge to its determination. 11. Reservation of Rights. City reserves the unfettered right, acting in its sole discretion, to waive or to decline to waive any immaterial bid irregularities; to accept or reject any or all bids; to cancel or reschedule the bid; to postpone or abandon the Project entirely; or to perform all or part of the Work with its own forces. The Contract will be awarded, if at all, within 60 days after opening of bids or as otherwise specified in the Special Conditions, to the responsible bidder that submitted the lowest responsive bid. Any planned start date for the Project represents the City’s expectations at the time the Notice Inviting Bids was first issued. City is not bound to issue a Notice to Proceed by or before such planned start date, and it reserves the right to issue the Notice to Proceed when the City determines, in its sole discretion, the appropriate time for commencing the Work. The City expressly disclaims responsibility for any assumptions a bidder might draw from the presence or absence of information provided by the City in any form. Each bidder is solely responsible for its costs to prepare and submit a bid, including site investigation costs. 12. Bonds. Within ten calendar days following City’s issuance of the Notice of Potential Award to the successful bidder, the bidder must submit payment and performance bonds to City as specified in the Contract Documents using the bond forms included in the Contract Documents. All required bonds must be calculated on the maximum total Contract Price as awarded, including additive alternates, if applicable. 13. License(s). The successful bidder and its Subcontractor(s) must possess the California contractor’s license(s) in the classification(s) required by law to perform the Work. The successful bidder must also obtain a City business license within 10 (ten) days following City’s issuance of the Notice of Potential Award. Subcontractors must also obtain a City business license before performing any Work. 14. Ineligible Subcontractor. Any Subcontractor who is ineligible to perform work on a public works project under Labor Code §§ 1777.1 or 1777.7 is prohibited from performing work on the Project. 15. Safety Orders. If the Project includes construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five feet or deeper, each bid must include a bid item for adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which comply with safety orders as required by Labor Code § 6707. 16. In-Use Off-Road Diesel-Fueled Fleets. If the Project involves the use of vehicles subject to the California Air Resources Board’s In-Use Off-Road Diesel-Fueled Fleets Regulation (13 CCR § 2449 et seq.) (“Off-Road Regulation”), then within ten calendar days following City’s issuance of the Notice of Potential Award to the successful bidder, the bidder must submit to City valid Certificates of Reported Compliance for its fleet and its listed Subcontractors, if applicable, in accordance with the Off-Road Regulation, unless exempt under the Off-Road Regulation. 17. Subcontractor Work Limits. The prime contractor must perform at least 51% of the Work on the Project, calculated as a percentage of the base bid price, with its own forces, except Senior Center Fire System Alarm Replacement Project INSTRUCTIONS TO BIDDERS CIP #2019-02, NWS# BAI 001 Page 8 for any Work identified as “Specialty Work” in the Contract Documents. The total bid amount for any such Specialty Work, as shown on the Bid Schedule, may be deducted from the base bid price before computing the 51% self-performance requirement. The remaining Work may be performed by qualified Subcontractor(s). 18. Bid Schedule. Each bidder must complete the Bid Schedule form with unit prices as indicated, and submit the completed Bid Schedule with its Bid Proposal. 18.1 Incorrect Totals. In the event a computational error for any bid item (base bid or alternate) results in an incorrect extended total for that item, the submitted base bid or bid alternate total will be adjusted to reflect the corrected amount as the product of the estimated quantity and the unit cost. In the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid, and the amount entered as the base bid on the Bid Proposal form, the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid will be deemed the base bid price. Likewise, in the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule for any bid alternate, and the amount entered for the alternate on the Bid Proposal form, the actual total of the itemized prices shown on the Bid Schedule for that alternate will be deemed the alternate price. Nothing in this provision is intended to prevent a bidder from requesting to withdraw its bid for material error under Public Contract Code § 5100 et seq. 18.2 Estimated Quantities. Unless identified as a “Final Pay Quantity,” the quantities shown on the Bid Schedule are estimated and the actual quantities required to perform the Work may be greater or less than the estimated amount. The Contract Price will be adjusted to reflect the actual quantities required for the Work based on the itemized or unit prices provided in the Bid Schedule, with no allowance for anticipated profit for quantities that are deleted or decreased, and no increase in the unit price, and without regard to the percentage increase or decrease of the estimated quantity and the actual quantity. 19. Bidder’s Questionnaire. A completed, signed Bidder’s Questionnaire using the form provided with the Contract Documents and including all required attachments must be submitted within 48 hours following a request by City. A bid that does not fully comply with this requirement may be rejected as nonresponsive. A bidder who submits a Bidder’s Questionnaire which is subsequently determined to contain false or misleading information, or material omissions, may be disqualified as non-responsible. 20. Additive and Deductive Alternates. As required by Public Contract Code § 20103.8, if this bid solicitation includes additive or deductive items, the lowest bid will be the lowest total of the bid prices on the base contract and those additive or deductive items that were specifically identified in the bid solicitation or Bid Proposal as being used for the purpose of determining the lowest bid price. City retains the right to add to or deduct from the Contract any of the additive or deductive alternates included in the Bid Proposal END OF INSTRUCTIONS TO BIDDERS Senior Center Fire Alarm System Replacement Project BID PROPOSAL CIP #2019-02, NWS# BAI 001 Page 9 Bid Proposal Senior Center Fire Alarm System Replacement Project ______________________________________________________ (“Bidder”) hereby submits this Bid Proposal to the City of Cupertino (“City”) for the above-referenced project (“Project”) in response to the Notice Inviting Bids and in accordance with the Contract Documents referenced in the Notice. 1. Base Bid. Bidder proposes to perform and fully complete the Work for the Project as specified in the Contract Documents, within the time required for full completion of the Work, including all labor, materials, supplies, and equipment and all other direct or indirect costs including, but not limited to, taxes, insurance and all overhead, for the following price (“Base Bid”): $_______________________________________________________. 2. Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued for this bid. Bidder waives any claims it might have against the City based on its failure to receive, access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following addenda: Addendum Date Received 3. Bidder’s Certifications and Warranties. By signing and submitting this Bid Proposal, Bidder certifies and warrants the following: 3.1 Examination of Contract Documents. Bidder has thoroughly examined the Contract Documents and represents that, to the best of Bidder’s knowledge, there are no errors, omissions, or discrepancies in the Contract Documents, subject to the limitations of Public Contract Code § 1104. 3.2 Examination of Worksite. Bidder has had the opportunity to examine the Worksite and local conditions at the Project location. 3.3 Bidder Responsibility. Bidder is a responsible bidder, with the necessary ability, capacity, experience, skill, qualifications, workforce, equipment, and resources to perform or cause the Work to be performed in accordance with the Contract Documents and within the Contract Time. 3.4 Responsibility for Bid. Bidder has carefully reviewed this Bid Proposal and is solely responsible for any errors or omissions contained in its completed bid. All statements and information provided in this Bid Proposal and enclosures are true and correct to the best of Bidder’s knowledge. 3.5 Nondiscrimination. In preparing this bid, the Bidder has not engaged in discrimination against any prospective or present employee or Subcontractor on grounds of race, color, Senior Center Fire Alarm System Replacement Project BID PROPOSAL CIP #2019-02, NWS# BAI 001 Page 10 ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status. 3.6 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Bidder is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. 4. Award of Contract. By signing and submitting this Bid Proposal, Bidder agrees that, if City issues the Notice of Potential Award to Bidder, then within ten days following issuance of the Notice of Potential Award to Bidder, Bidder will do all of the following: 4.1 Execute Contract. Enter into the Contract with City in accordance with the terms of this Bid Proposal, by signing and submitting to City the Contract prepared by City using the form included with the Contract Documents; 4.2 Submit Required Bonds. Submit to City a payment bond and a performance bond, each for 100% of the Contract Price, using the bond forms provided and in accordance with the requirements of the Contract Documents; 4.3 Insurance Requirements. Submit to City the insurance certificate(s) and endorsement(s) as required by the Contract Documents; and 4.4 Certificates of Reported Compliance. Submit to City valid Certificates of Reported Compliance for its fleet and its listed Subcontractors, if applicable, if the Project involves the use of vehicles subject to the Off-Road Regulation. (See Section 16 of the Instructions to Bidders.) 5. Bid Security. As a guarantee that, if awarded the Contract, Bidder will perform its obligations under Section 4 above, Bidder is enclosing bid security in the amount of ten percent of its maximum bid amount in one of the following forms: Check One: A cashier’s check or certified check payable to City and issued by [bank name] ___________________________ in the amount of: $__________________ Documents, payable to City and executed by a surety licensed to do business in the State of California. Senior Center Fire Alarm System Replacement Project BID PROPOSAL CIP #2019-02, NWS# BAI 001 Page 11 This Bid Proposal is hereby submitted on _________________________, 2025. s/ ___________________________________ ______________________________________ Name and Title s/ ___________________________________ ______________________________________ [See Section 3 of Instructions to Bidders] Name and Title _____________________________________ ______________________________________ Company Name License #, Expiration Date, and Classification _____________________________________ ______________________________________ Address DIR Registration # _____________________________________ ______________________________________ City, State, Zip Phone _____________________________________ ______________________________________ Contact Name Contact Email END OF BID PROPOSAL Senior Center Fire Alarm System Replacement Project BID SCHEDULE CIP #2019-02, NWS# BAI 001 Page 12 Bid Schedule This Bid Schedule must be completed legibly and included with the sealed Bid Proposal. Pricing must be provided for each Bid Item as indicated. Items marked “(SW)” are Specialty Work that must be performed by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the “Extended Total Amount” column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form. AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs) ITEM ITEM DESCRIPTION EST. QTY. UNIT UNIT COST EXTENDED TOTAL AMOUNT 1 Mobilization and Demobilization 1 LS $ $ 2 Engineering and Drafting of Fire Alarm Shop Drawings 1 LS $ $ 3 Permit Fees & Permit Submission 1 LS $ $ 4 Programming of New FACP 1 LS $ $ 5 Pre-Test and Final Acceptance Testing with Santa Clara County 1 LS $ $ 6 Pre-Test with Owner's Rep 1 LS $ $ 8 Addressable Fire Alarm Control Unit with Voice EVAC 1 EA $ $ 9 Wireless Cellular Communicator 1 EA $ $ 10 10 Amp Booster Power Supply 1 EA $ $ 11 Addressable Double-Action Manual Pull-Stations 12 EA $ $ 12 Addressable Smoke Detectors 23 EA $ $ 13 Addressable Control Module 6 EA $ $ 14 Addressable Duct Detector with Associated Relay Module 4 EA $ $ 15 Fault Isolator Module 1 EA $ $ 16 Speaker/Strobe Wall Mounted, White 31 EA $ $ 17 Speaker/Strobe Wall Mounted, Red, Weatherproof 3 EA $ $ 18 Tamper Switch with Addressable Monitor Module 3 EA $ $ 19 Water Flow Switch with Addressable Monitor Module 1 EA $ $ 20 PIV with Addressable Monitor Module 1 EA $ $ 21 Door Hold Opens 6 EA $ $ Senior Center Fire Alarm System Replacement Project BID SCHEDULE CIP #2019-02, NWS# BAI 001 Page 13 BID ITEM ITEM DESCRIPTION EST. QTY. UNIT UNIT COST EXTENDED TOTAL AMOUNT 22 Addressable Monitor Module, Double (Door Hold Opens) 3 EA $ $ 23 Addressable Relay Module, FSD 1 EA $ $ 24 Ansul Hood System, Addressable Monitor Module 1 EA $ $ 25 2-hr training session for Owner's Rep 1 LS $ $ 26 Fire/Smoke Damper 9 EA $ $ 27 Patching walls including prepping, patching and painting 50 SF $ $ 28 Patching ceilings including prepping, patching and painting 50 SF $ $ TOTAL $ * Final Pay Quantity TOTAL BASE BID: Items 1 through 28 inclusive: $_____________________________________ Note: The amount entered as the “Total Base Bid” should be identical to the Base Bid amount entered in Section 1 of the Bid Proposal form. BIDDER NAME: ________________________________________________________________ END OF BID SCHEDULE Senior Center Fire Alarm System Replacement Project SUBCONTRACTOR LIST CIP #2019-02, NWS# BAI 001 Page 14 Subcontractor List For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1% of the Bidder’s total Base Bid,1 the bidder must list a description of the Work, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price. DESCRIPTION OF WORK NAME CONTRACTOR BUSINESS OF END OF SUBCONTRACTOR LIST 1 For street or highway construction, this requirement applies to any subcontract of $10,000 or more. Senior Center Fire Alarm System Replacement Project NONCOLLUSION DECLARATION CIP #2019-02, NWS# BAI 001 Page 15 Noncollusion Declaration TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the __________________________ [title] of _____________________________________ [business name], the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. This declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.C § 112. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______________ [date], at __________________________________ [city], _______ [state]. s/________________________________________ __________________________________________ Name [print] END OF NONCOLLUSION DECLARATION Senior Center Fire Alarm System Replacement Project BID BOND CIP #2019-02, NWS# BAI 001 Page 16 Bid Bond ________________________________________________________ (“Bidder”) has submitted a bid, dated ___________________________, 20______ (“Bid”), to the City of Cupertino (“City”) for work on the Senior Center Fire Alarm System Replacement Project (“Project”). Under this duly executed bid bond (“Bid Bond”), Bidder as Principal and ______________________________, its surety (“Surety”), are bound to City as obligee in the penal sum of ten percent of the maximum amount of the Bid (the “Bond Sum”). Bidder and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, as follows: 1. General. If Bidder is awarded the Contract for the Project, Bidder will enter into the Contract with City in accordance with the terms of the Bid. 2. Submittals. Within ten days following issuance of the Notice of Potential Award to Bidder, Bidder must submit to City the following: 2.1 Contract. The executed Contract, using the form provided by City in the Project contract documents (“Contract Documents”); 2.2 Payment Bond. A payment bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Payment Bond form included with the Contract Documents; 2.3 Performance Bond. A performance bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Performance Bond form included with the Contract Documents; 2.4 Insurance. The insurance certificate(s) and endorsement(s) required by the Contract Documents; 2.5 Certificates of Reported Compliance. Valid Certificates of Reported Compliance for its fleet and its listed Subcontractors, if applicable, in accordance with the In-Use Off-Road Diesel-Fueled Fleets Regulation (13 CCR § 2449 et seq.) (“Off-Road Regulation”), if the Project involves the use of vehicles subject to the Off-Road Regulation; and any other documents required by the Instructions to Bidders or Notice of Potential Award. 3. Enforcement. If Bidder fails to execute the Contract or to submit the bonds, insurance certificates, and valid Certificates of Reported Compliance as required by the Contract Documents, Surety guarantees that Bidder forfeits the Bond Sum to City. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________ 4. Duration and Waiver. If Bidder fulfills its obligations under Section 2, above, then this obligation will be null and void; otherwise, it will remain in full force and effect for 60 days following the bid opening or until this Bid Bond is returned to Bidder, whichever occurs first. Surety waives the provisions of Civil Code §§ 2819 and 2845. Senior Center Fire Alarm System Replacement Project BID BOND CIP #2019-02, NWS# BAI 001 Page 17 This Bid Bond is entered into and effective on ___________________, 20_____. SURETY: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title (Attach Acknowledgment with Notary Seal and Power of Attorney) BIDDER: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title END OF BID BOND Senior Center Fire Alarm System Replacement Project BIDDER’S QUESTIONNAIRE CIP #2019-02, NWS# BAI 001 Page 18 Bidder’s Questionnaire Senior Center Fire Alarm System Replacement Project As part of the bid documents, a bidder must submit to City a completed, signed Bidder’s Questionnaire using this form and all required attachments, including clearly labeled additional sheets as needed. City may request the Questionnaire from one or more of the apparent low bidders following the bid opening and may use the completed Questionnaire as part of its investigation to evaluate a bidder’s qualifications for this Project. The Questionnaire must be filled out completely, accurately, and legibly. Any errors, omissions, or misrepresentations in completion of the Questionnaire may be grounds for rejection of the bid or termination of a Contract awarded pursuant to the bid. Part A: General Information Phone Phone Contractor’s License Number(s): Number Check One: Part B: Bidder Experience name? (in years) general contractor? (Yes or No) Senior Center Fire Alarm System Replacement Project BIDDER’S QUESTIONNAIRE CIP #2019-02, NWS# BAI 001 Page 19 on grounds that it is not responsible, or otherwise disqualified or debarred from bidding under state or federal law? (Yes or No) If yes, provide additional information on a separate sheet regarding the disqualification or debarment, including the name and address of the agency or owner of the project, the type and size of the project, the reasons that Bidder was disqualified or debarred, and the month and year in which the disqualification or debarment occurred. alleged default, or legal violation from a construction project, either as a general contractor or as a subcontractor? (Yes or No) If yes, provide additional information on a separate sheet regarding the termination, including the name and address of the agency or owner of the subject project, the type and size of the project, whether Bidder was under contract as a general contractor or a subcontractor, the reasons that Bidder was terminated, and the month and year in which the termination occurred. Part C: Project Experience Provide information on at least three projects, performed as general contractor, that are similar in scope and character to this project. Three of the projects must be public sector projects. (Use separate sheets if required) Senior Center Fire Alarm System Replacement Project BIDDER’S QUESTIONNAIRE CIP #2019-02, NWS# BAI 001 Page 20 Project #1 A Project name B Project location C Project description: claim, lawsuit, mediation, or arbitration Senior Center Fire Alarm System Replacement Project BIDDER’S QUESTIONNAIRE CIP #2019-02, NWS# BAI 001 Page 21 Project #2 A Project name B Project location C Project description: claim, lawsuit, mediation, or arbitration Senior Center Fire Alarm System Replacement Project BIDDER’S QUESTIONNAIRE CIP #2019-02, NWS# BAI 001 Page 22 Project #3 A Project name B Project location C Project description: claim, lawsuit, mediation, or arbitration Senior Center Fire Alarm System Replacement Project BIDDER’S QUESTIONNAIRE CIP #2019-02, NWS# BAI 001 Page 23 Part D: Safety 1. Provide Bidder’s Experience Modification Rate (EMR) for the last three years: Year EMR 2. Complete the following, based on information provided in Bidder’s CalOSHA Form 300 or Form 300A, Annual Summary of Work-Related Illnesses and Injuries, from the most recent past calendar year: 3. Has Bidder ever been cited, fined, or prosecuted by any local, state, or federal agency, including OSHA, CalOSHA, or EPA, for violation of any law, regulation, or requirements pertaining to health and safety? If yes, provide additional information on a separate sheet regarding each such citation, fine, or prosecution, including the name and address of the agency or owner of the project, the type and size of the project, the reasons for and nature of the citation, fine, or prosecution, and the month and year in which the incident giving rise to the citation, fine, or prosecution occurred. 4. Name, title, and email for person responsible for Bidder’s safety program: Name Title Email Address Part D: Verification In signing this document, I, the undersigned, declare that I am duly authorized to sign and submit this Bidder’s Questionnaire on behalf of the named Bidder, and that all responses and information set forth in this Bidder’s Questionnaire and accompanying attachments are, to the best of my knowledge, true, accurate and complete as of the date of submission. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Signature: ______________________________ Date: ________________ By: _______________________________________________________________ Name and Title END OF BIDDER’S QUESTIONNAIRE Senior Center Fire Alarm System Replacement Project CONTRACT CIP #2019-02, NWS# BAI 001 Page 24 Contract This public works contract (“Contract”) is entered into by and between the City of Cupertino (“City”) and _______________________________________ (“Contractor”), for work on the Senior Center Fire Alarm System Replacement Project (“Project”). The parties agree as follows: 1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On _____________, 20___, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below. 2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract. 2.1 Notice Inviting Bids; 2.2 Instructions to Bidders; 2.3 Addenda, if any; 2.4 Bid Proposal and attachments thereto; 2.5 Contract; 2.6 Payment and Performance Bonds; 2.7 General Conditions; 2.8 Special Conditions; 2.9 Project Plans and Specifications; 2.10 Change Orders, if any; 2.11 Notice of Potential Award; 2.12 Notice to Proceed; and 2.13 The following: __________________________________________________________________ ___________________________________________. 3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. 4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $___________________ (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions. 5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 180 calendar days from the start date set forth in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion. Senior Center Fire Alarm System Replacement Project CONTRACT CIP #2019-02, NWS# BAI 001 Page 25 6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $500 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract. 7. Labor Code Compliance. 7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions. 7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR. 7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions. 8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.” 9. Conflicts of Interest. Contractor, its employees, Subcontractors, and agents may not have, maintain, or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract. 10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City. 11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows: City: Public Works Department 10300 Torre Avenue Cupertino, CA 95014 Senior Center Fire Alarm System Replacement Project CONTRACT CIP #2019-02, NWS# BAI 001 Page 26 408-777-3269 Attn: Jimmy Tan, P.E. jimmyt@cupertino.gov Copy to: Susan Michael susanm@cupertino.gov Contractor: Name Address City/State/Zip Phone Contact name Contact email address CC Contact name CC Contact email address 12. General Provisions. 12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns. 12.2 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Contract. 12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Santa Clara County, California. 12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. 12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect. 12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. 12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally Senior Center Fire Alarm System Replacement Project CONTRACT CIP #2019-02, NWS# BAI 001 Page 27 binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code § 313. [Signatures are on the following page.] Senior Center Fire Alarm System Replacement Project CONTRACT CIP #2019-02, NWS# BAI 001 Page 28 The parties agree to this Contract as witnessed by the signatures below: CITY: Approved as to form: s/_______________________________ s/__________________________________ ________________________________ ___________________________________ Name, Title Name, Title Date: ___________________________ Date: ______________________________ Attest: s/_______________________________ _________________________________ Name, Title Date: ___________________________ CONTRACTOR: ___________________________________________________ Business Name s/_______________________________ Seal: _________________________________ Name, Title Date: ____________________________ Second Signature (See Section 12.8): s/_______________________________ _________________________________ Name, Title Date: ____________________________ ___________________________________________________ Contractor’s California License Number(s) and Expiration Date(s) END OF CONTRACT Senior Center Fire Alarm System Replacement Project PAYMENT BOND CIP #2019-02, NWS# BAI 001 Page 29 Payment Bond The City of Cupertino (“City”) and ________________________ (“Contractor”) have entered into a contract for work on the Senior Center Fire Alarm System Replacement Project (“Project”). The Contract is incorporated by reference into this Payment Bond (“Bond”). 1. General. Under this Bond, Contractor as principal and ____________________________, its surety (“Surety”), are bound to City as obligee in an amount not less than $_________________, under California Civil Code § 9550 et seq., to ensure payment to authorized claimants. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor. 2. Surety’s Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code § 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors under California Unemployment Insurance Code § 13020 with respect to the work and labor, then Surety will pay the obligation. 3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code § 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond. 4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect. 5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. City waives the requirement of a new bond for any supplemental contract under Civil Code § 9550. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows: Attn: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Email: ____________________________________________________ 6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Santa Clara County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond. [Signatures are on the following page.] Senior Center Fire Alarm System Replacement Project PAYMENT BOND CIP #2019-02, NWS# BAI 001 Page 30 7. Effective Date; Execution. This Bond is entered into and is effective on _____________, 2025. SURETY: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title APPROVED BY CITY: s/ __________________________________ ______________________________ Date ____________________________________ Name, Title END OF PAYMENT BOND Senior Center Fire Alarm System Replacement Project PERFORMANCE BOND CIP #2019-02, NWS# BAI 001 Page 31 Performance Bond The City of Cupertino (“City”) and __________________________ (“Contractor”) have entered into a contract for work on the Senior Center Fire Alarm System Replacement Project (“Project”). The Contract is incorporated by reference into this Performance Bond (“Bond”). 1. General. Under this Bond, Contractor as principal and ___________________________, its surety (“Surety”), are bound to City as obligee for an amount not less than $__________________ to ensure Contractor’s faithful performance of its obligations under the Contract. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor. 2. Surety’s Obligations. Surety’s obligations are co-extensive with Contractor’s obligations under the Contract. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety’s obligations under this Bond will become null and void. Otherwise, Surety’s obligations will remain in full force and effect. 3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. 4. Application of Contract Balance. Upon making a demand on this Bond for completion of the Work prior to acceptance of the Project, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which City is entitled under the terms of the Contract. 5. Contractor Default. Upon written notification from City of Contractor’s termination for default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action: 5.1 Arrange for completion of the Work under the Contract by Contractor, with City’s consent, but only if Contractor is in default solely due to its financial inability to complete the Work; 5.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety’s expense; or 5.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City’s costs to have the remaining Work completed. 6. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety’s default, including legal, design professional, or delay costs. 7. Notice. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows: Attn: _____________________________________________________ Address: __________________________________________________ Senior Center Fire Alarm System Replacement Project PERFORMANCE BOND CIP #2019-02, NWS# BAI 001 Page 32 City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________ 8. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Santa Clara County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond. 9. Effective Date; Execution. This Bond is entered into and effective on ____________________, 2025. SURETY: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title APPROVED BY CITY: s/ __________________________________ ______________________________ Date ____________________________________ Name, Title END OF PERFORMANCE BOND Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 33 General Conditions Article 1 - Definitions Definitions. The following definitions apply to all of the Contract Documents unless otherwise indicated, e.g., additional definitions that apply solely to the Specifications or other technical documents. Defined terms and titles of documents are capitalized in the Contract Documents, with the exception of the following (in any tense or form): “day,” “furnish,” “including,” “install,” “work day,” or “working day.” Allowance means a specific amount that must be included in the Bid Proposal for a specified purpose. Article, as used in these General Conditions, means a numbered Article of the General Conditions, unless otherwise indicated by the context. Change Order means a written document duly approved and executed by City, which changes the scope of Work, the Contract Price, or the Contract Time. City means the municipality which has entered into the Contract with Contractor for performance of the Work, acting through its City Council, officers, employees, City Engineer, and any other authorized representatives. City Engineer means the City Engineer for City and his or her authorized delegee(s). Claim means a separate demand by Contractor for a change in the Contract Time or Contract Price, that has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been rejected by City, in whole or in part; a written demand by Contractor disputing a unilateral Change Order or a portion thereof; or a written demand by Contractor objecting to the amount of Final Payment. Contract means the signed agreement between City and Contractor for performing the Work required for the Project, and all documents expressly incorporated therein. Contract Documents means, collectively, all of the documents listed as such in Section 2 of the Contract, including the Notice Inviting Bids; the Instructions to Bidders; addenda, if any; the Bid Proposal and attachments thereto; the Contract; the Notice of Potential Award and Notice to Proceed; the payment and performance bonds; the General Conditions; the Special Conditions; the Project Plans and Specifications; any Change Orders; and any other documents which are clearly and unambiguously made part of the Contract Documents. The Contract Documents do not include documents provided “For Reference Only,” or documents that are intended solely to provide information regarding existing conditions. Contract Price means the total compensation to be paid to Contractor for performance of the Work, as set forth in the Contract and as may be amended by Change Order or adjusted for an Allowance. The Contract Price is not subject to adjustment due to inflation or due to the increased cost of labor, material, supplies, or equipment following submission of the Bid Proposal. Contract Time means the time specified for complete performance of the Work, as set forth in the Contract and as may be amended by Change Order. Contractor means the individual, partnership, corporation, or joint venture that has signed the Contract with City to perform the Work. Day means a calendar day unless otherwise specified. Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 34 Design Professional means the licensed individual(s) or firm(s) retained by City to provide architectural, engineering, or other design professional services for the Project. If no Design Professional has been retained for this Project, any reference to Design Professional is deemed to refer to the Engineer. DIR means the California Department of Industrial Relations. Drawings has the same meaning as Plans. Engineer means the City Engineer for the City of Cupertino and his or her authorized delegees. Excusable Delay is defined in Section 5.3(B), Excusable Delay. Extra Work means new or unforeseen work added to the Project, as determined by the Engineer in his or her sole discretion, including Work that was not part of or incidental to the scope of the Work when the Contractor’s bid was submitted; Work that is substantially different from the Work as described in the Contract Documents at bid time; or Work that results from a substantially differing and unforeseeable condition. Final Completion means Contractor has fully completed all of the Work required by the Contract Documents to the City’s satisfaction, including all punch list items and any required commissioning or training, and has provided the City with all required submittals, including the instructions and manuals, product warranties, and as-built drawings. Final Payment means payment to Contractor of the unpaid Contract Price, including release of undisputed retention, less amounts withheld or deducted pursuant to the Contract Documents. Furnish means to purchase and deliver for the Project. Government Code Claim means a claim submitted pursuant to California Government Code § 900 et seq. Hazardous Materials means any substance or material identified now or in the future as hazardous under any Laws, or any other substance or material that may be considered hazardous or otherwise subject to Laws governing handling, disposal, or cleanup. Including, whether or not capitalized, means “including, but not limited to,” unless the context clearly requires otherwise. Inspector means the individual(s) or firm(s) retained or employed by City to inspect the workmanship, materials, and manner of construction of the Project and its components to ensure compliance with the Contract Documents and all Laws. Install means to fix in place for materials, and to fix in place and connect for equipment. Laws means all applicable local, state, and federal laws, regulations, rules, codes, ordinances, permits, orders, and the like enacted or imposed by or under the auspices of any governmental entity with jurisdiction over any of the Work or any performance of the Work, including health and safety requirements. Non-Excusable Delay is defined in Section 5.3(D), Non-Excusable Delay. Plans means the City-provided plans, drawings, details, or graphical depictions of the Project requirements, but does not include Shop Drawings. Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 35 Project means the public works project referenced in the Contract, as modified by any Project alternates elected by City, if any. Project Manager means the individual designated by City to oversee and manage the Project on City’s behalf and may include his or her authorized delegee(s) when the Project Manager is unavailable. If no Project Manager has been designated for this Project, any reference to Project Manager is deemed to refer to the Engineer. Recoverable Costs is defined in Section 5.3(F), Recoverable Costs. Request for Information or RFI means Contractor’s written request for information about the Contract Documents, the Work or the Project, submitted to City in the manner and format specified by City. Section, when capitalized in these General Conditions, means a numbered section or subsection of the General Conditions, unless the context clearly indicates otherwise. Shop Drawings means drawings, plan details or other graphical depictions prepared by or on behalf of Contractor, and subject to City acceptance, which are intended to provide details for fabrication, installation, and the like, of items required by or shown in the Plans or Specifications. Specialty Work means Work that must be performed by a specialized Subcontractor with the specified license or other special certification, and that the Contractor is not qualified to self- perform. Specifications means the technical, text specifications describing the Project requirements, which are prepared for and incorporated into the Contract by or on behalf of City, and does not include the Contract, General Conditions or Special Conditions. Subcontractor means an individual, partnership, corporation, or joint venture retained by Contractor directly or indirectly through a subcontract to perform a specific portion of the Work. The term Subcontractor applies to subcontractors of all tiers, unless otherwise indicated by the context. A third party such as a utility performing related work on the Project is not a Subcontractor, even if Contractor must coordinate its Work with the third party. Technical Specifications has the same meaning as Specifications. Work means all of the construction and services necessary for or incidental to completing the Project in conformance with the requirements of the Contract Documents. Work Day or Working Day, whether or not capitalized, means a weekday when the City is open for business, and does not include holidays observed by the City. Holidays observed by the City and furlough days are: a. New Year’s Day, January 1; b. Martin Luther King Jr.’s Birthday, third Monday in January; c. Lunar New Year, date varies, approximately the first week in February; d. Presidents’ Day, third Monday in February; e. Cesar Chavez Day, March 31 or April 1 observed f. Memorial Day, last Monday in May; g. Juneteenth, June 19 h. Independence Day, July 4; Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 36 i. Labor Day, first Monday in September; j. Veterans’ Day, November 11; k. Thanksgiving Day, as designated by the President; l. The Day following Thanksgiving Day; m. Christmas Day, December 25; n. City Closure, December 24, 26, 27,28,29,30 and 31: and each day appointed by the Governor of California and formally recognized by the Santa Clara County Board of Supervisors as a day of mourning, thanksgiving, or special observance. Worksite means the place or places where the Work is performed, which includes, but may extend beyond the Project site, including separate locations for staging, storage, or fabrication. Article 2 - Roles and Responsibilities 2.1 City. (A) City Council. The City Council has final authority in all matters affecting the Project, except to the extent it has delegated authority to the Engineer. (B) Engineer. The Engineer, acting within the authority conferred by the City Council, is responsible for administration of the Project on behalf of City, including authority to provide directions to the Design Professional and to Contractor to ensure proper and timely completion of the Project. The Engineer’s decisions are final and conclusive within the scope of his or her authority, including interpretation of the Contract Documents. (C) Project Manager. The Project Manager assigned to the Project will be the primary point of contact for the Contractor and will serve as City’s representative for daily administration of the Project on behalf of City. Unless otherwise specified, all of Contractor’s communications to City (in any form) will go to or through the Project Manager. City reserves the right to reassign the Project Manager role at any time or to delegate duties to additional City representatives, without prior notice to or consent of Contractor. (D) Design Professional. The Design Professional is responsible for the overall design of the Project and, to the extent authorized by City, may act on City’s behalf to ensure performance of the Work in compliance with the Plans and Specifications, including any design changes authorized by Change Order. The Design Professional’s duties may include review of Contractor’s submittals, visits to any Worksite, inspecting the Work, evaluating test and inspection results, and participation in Project-related meetings, including any pre-construction conference, weekly meetings, and coordination meetings. The Design Professional’s interpretation of the Plans or Specifications is final and conclusive. 2.2 Contractor. (A) General. Contractor must provide all labor, materials, supplies, equipment, services, and incidentals necessary to perform and timely complete the Work in strict accordance with the Contract Documents, and in an economical and efficient manner in the best interests of City, and with minimal inconvenience to the public. Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 37 (B) Responsibility for the Work and Risk of Loss. Contractor is responsible for supervising and directing all aspects of the Work to facilitate the efficient and timely completion of the Work. Contractor is solely responsible for and required to exercise full control over the Work, including the construction means, methods, techniques, sequences, procedures, safety precautions and programs, and coordination of all portions of the Work with that of all other contractors and Subcontractors, except to the extent that the Contract Documents provide other specific instructions. Contractor’s responsibilities extend to any plan, method or sequence suggested, but not required by City or specified in the Contract Documents. From the date of commencement of the Work until either the date on which City formally accepts the Project or the effective date of termination of the Contract, whichever is later, Contractor bears all risks of injury or damage to the Work and the materials and equipment delivered to any Worksite, by any cause including fire, earthquake, wind, weather, vandalism, or theft, subject to the limitations of Laws, including Public Contract Code § 7105. (C) Project Administration. Contractor must provide sufficient and competent administration, staff, and skilled workforce necessary to perform and timely complete the Work in accordance with the Contract Documents. Before starting the Work, Contractor must designate in writing and provide complete contact information, including telephone numbers and email address, for the officer or employee in Contractor’s organization who is to serve as Contractor’s primary representative for the Project, and who has authority to act on Contractor’s behalf. A Subcontractor may not serve as Contractor’s primary representative. (D) On-Site Superintendent. Contractor must, at all times during performance of the Work, provide a qualified and competent full-time superintendent acceptable to City, and assistants as necessary, who must be physically present at the Project site while any aspect of the Work is being performed. The superintendent must have full authority to act and communicate on behalf of Contractor, and Contractor will be bound by the superintendent’s communications to City. City’s approval of the superintendent is required before the Work commences. If City is not satisfied with the superintendent’s performance, City may request a qualified replacement of the superintendent. Failure to comply may result in temporary suspension of the Work, at Contractor’s sole expense and with no extension of Contract Time, until an approved superintendent is physically present to supervise the Work. Contractor must provide written notice to City, as soon as practicable, before replacing the superintendent. (E) Standards. Contractor must, at all times, ensure that the Work is performed in an efficient, skillful manner following best practices and in full compliance with the Contract Documents, Laws, and applicable manufacturer’s recommendations. Contractor has a material and ongoing obligation to provide true and complete information, to the best of its knowledge, with respect to all records, documents, or communications pertaining to the Project, including oral or written reports, statements, certifications, Change Order requests, or Claims. (F) Meetings. Contractor, its project manager, superintendent and any primary Subcontractors requested by City, must attend a pre-construction conference, if requested by City, as well as weekly Project progress meetings scheduled with City. If applicable, Contractor may also be required to participate in coordination meetings with other parties relating to other work being performed on or near the Project site or in relation to the Project, including work or activities performed by City, other contractors, or other utility owners. (G) Construction Records. Contractor will maintain up-to-date, thorough, legible, and dated daily job reports, which document all significant activity on the Project for each day that Work is performed on the Project. The daily report for each day must include the Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 38 number of workers at the Project site; primary Work activities; major deliveries; problems encountered, including injuries, if any; weather and site conditions; and delays, if any. Contractor will take date and time-stamped photographs to document general progress of the Project, including site conditions prior to construction activities, before and after photographs at offset trench laterals, existing improvements and utilities, damage and restoration. Contractor will maintain copies of all subcontracts, Project-related correspondence with Subcontractors, and records of meetings with Subcontractors. Upon request by the City, Contractor will permit review of and/or provide copies of any of these construction records. (H) Responsible Party. Contractor is solely responsible to City for the acts or omissions of any Subcontractors, or any other party or parties performing portions of the Work or providing equipment, materials or services for or on behalf of Contractor or the Subcontractors. Upon City’s written request, Contractor must promptly and permanently remove from the Project, at no cost to City, any employee or Subcontractor or employee of a Subcontractor who the Engineer has determined to be incompetent, intemperate or disorderly, or who has failed or refused to perform the Work as required under the Contract Documents. (I) Correction of Defects. Contractor must promptly correct, at Contractor’s sole expense, any Work that is determined by City to be deficient or defective in any way, including workmanship, materials, parts, or equipment. Workmanship, materials, parts, or equipment that do not conform to the requirements under the Contract Documents, as determined by City, will be considered defective and subject to rejection. Contractor must also promptly correct, at Contractor’s sole expense, any Work performed beyond the lines and grades shown on the Plans or established by City, and any Extra Work performed without City’s prior written approval. If Contractor fails to correct or to take reasonable steps toward correcting defective Work within five days following notice from City, or within the time specified in City’s notice to correct, City may elect to have the defective Work corrected by its own forces or by a third party, in which case the cost of correction will be deducted from the Contract Price. If City elects to correct defective Work due to Contractor’s failure or refusal to do so, City or its agents will have the right to take possession of and use any equipment, supplies, or materials available at the Project site or any Worksite on City property, in order to effectuate the correction, at no extra cost to City. Contractor’s warranty obligations under Section 11.2, Warranty, will not be waived nor limited by City’s actions to correct defective Work under these circumstances. Alternatively, City may elect to retain defective Work, and deduct the difference in value, as determined by the Engineer, from payments otherwise due to Contractor. This paragraph applies to any defective Work performed by Contractor during the one-year warranty period under Section 11.2. (J) Contractor’s Records. Contractor must maintain all of its records relating to the Project in any form, including paper documents, photos, videos, electronic records, approved samples, and the construction records required pursuant to paragraph (G), above. Project records subject to this provision include complete Project cost records and records relating to preparation of Contractor’s bid, including estimates, take-offs, and price quotes or bids. (1) Contractor’s cost records must include all supporting documentation, including original receipts, invoices, and payroll records, evidencing its direct costs to perform the Work, including, but not limited to, costs for labor, materials, and equipment. Each cost record should include, at a minimum, a description of the expenditure with references to the applicable requirements of the Contract Documents, the amount actually paid, the date of payment, and whether the expenditure is part of the original Contract Price, related to an executed Change Order, or otherwise categorized by Contractor as Extra Work. Contractor’s failure Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 39 to comply with this provision as to any claimed cost operates as a waiver of any rights to recover the claimed cost. (2) Contractor must continue to maintain its Project-related records in an organized manner for a period of five years after City’s acceptance of the Project or following Contract termination, whichever occurs first. Subject to prior notice to Contractor, City is entitled to inspect or audit any of Contractor’s records relating to the Project during Contractor’s normal business hours. Contractor’s records may also be subject to examination and audit by the California State Auditor, pursuant to Government Code § 8546.7. The record-keeping requirements set forth in this subsection 2.2(J) will survive expiration or termination of the Contract. (K) Copies of Project Documents. Contractor and its Subcontractors must keep copies, at the Project site, of all Work-related documents, including the Contract, permit(s), Plans, Specifications, addenda, Contract amendments, Change Orders, RFIs and RFI responses, Shop Drawings, as-built drawings, schedules, daily records, testing and inspection reports or results, and any related written interpretations. These documents must be available to City for reference at all times during construction of the Project. 2.3 Subcontractors. (A) General. All Work which is not performed by Contractor with its own forces must be performed by Subcontractors. City reserves the right to approve or reject any and all Subcontractors proposed to perform the Work, for reasons including the Subcontractor’s poor reputation, lack of relevant experience, financial instability, and lack of technical ability or adequate trained workforce. Each Subcontractor must obtain a City business license before performing any Work. (B) Contractual Obligations. Contractor must require each Subcontractor to comply with the provisions of the Contract Documents as they apply to the Subcontractor’s portion(s) of the Work, including the generally applicable terms of the Contract Documents, and to likewise bind their subcontractors. Contractor will provide that the rights that each Subcontractor may have against any manufacturer or supplier for breach of warranty or guarantee relating to items provided by the Subcontractor for the Project, will be assigned to City. Nothing in these Contract Documents creates a contractual relationship between a Subcontractor and City, but City is deemed to be a third-party beneficiary of the contract between Contractor and each Subcontractor. (C) Termination. If the Contract is terminated, each Subcontractor’s agreement must be assigned by Contractor to City, subject to the prior rights of any surety, but only if and to the extent that City accepts, in writing, the assignment by written notification, and assumes all rights and obligations of Contractor pursuant to each such subcontract agreement. (D) Substitution of Subcontractor. If Contractor requests substitution of a listed Subcontractor under Public Contract Code § 4107, Contractor is solely responsible for all costs City incurs in responding to the request, including legal fees and costs to conduct a hearing, and any increased subcontract cost to perform the Work that was to be performed by the listed Subcontractor. If City determines that a Subcontractor is unacceptable to City based on the Subcontractor’s failure to satisfactorily perform its Work, or for any of the grounds for substitution listed in Public Contract Code § 4107(a), City may request removal of the Subcontractor from the Project. Upon receipt of a written request from City to remove a Subcontractor pursuant to this paragraph, Contractor will Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 40 immediately remove the Subcontractor from the Project and, at no further cost to City, will either (1) self-perform the remaining Work to the extent that Contractor is duly licensed and qualified to do so, or (2) substitute a Subcontractor that is acceptable to City, in compliance with Public Contract Code § 4107, as applicable. 2.4 Coordination of Work. (A) Concurrent Work. City reserves the right to perform, have performed, or permit performance of other work on or adjacent to the Project site while the Work is being performed for the Project. Contractor is responsible for coordinating its Work with other work being performed on or adjacent to the Project site, including by any utility companies or agencies, and must avoid hindering, delaying, or interfering with the work of other contractors, individuals, or entities, and must ensure safe and reasonable site access and use as required or authorized by City. To the full extent permitted by law, Contractor must hold harmless and indemnify City against any and all claims arising from or related to Contractor’s avoidable, negligent, or willful hindrance of, delay to, or interference with the work of any utility company or agency or another contractor or subcontractor. (B) Coordination. If Contractor’s Work will connect or interface with work performed by others, Contractor is responsible for independently measuring and visually inspecting such work to ensure a correct connection and interface. Contractor is responsible for any failure by Contractor or its Subcontractors to confirm measurements before proceeding with connecting Work. Before proceeding with any portion of the Work affected by the construction or operations of others, Contractor must give the Project Manager prompt written notification of any defects Contractor discovers which will prevent the proper execution of the Work. Failure to give notice of any known or reasonably discoverable defects will be deemed acknowledgement by Contractor that the work of others is not defective and will not prevent the proper execution of the Work. Contractor must also promptly notify City if work performed by others, including work or activities performed by City’s own forces, is operating to hinder, delay, or interfere with Contractor’s timely performance of the Work. City reserves the right to backcharge Contractor for any additional costs incurred due to Contractor’s failure to comply with the requirements in this Section 2.4. 2.5 Submittals. Unless otherwise specified, Contractor must submit to the Engineer for review and acceptance, all schedules, Shop Drawings, samples, product data, and similar submittals required by the Contract Documents, or upon request by the Engineer. Unless otherwise specified, all submittals, including Requests for Information, are subject to the general provisions of this Section, as well as specific submittal requirements that may be included elsewhere in the Contract Documents, including the Special Conditions or Specifications. The Engineer may require submission of a submittal schedule at or before a pre-construction conference, as may be specified in the Notice to Proceed. (A) General. Contractor is responsible for ensuring that its submittals are accurate and conform to the Contract Documents. (B) Time and Manner of Submission. Contractor must ensure that its submittals are prepared and delivered in a manner consistent with the current City-accepted schedule for the Work and within the applicable time specified in the Contract Documents, or if no time is specified, in such time and sequence so as not to delay the performance of the Work or completion of the Project. (C) Required Contents. Each submittal must include the Project name and contract number, Contractor’s name and address, the name and address of any Subcontractor or Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 41 supplier involved with the submittal, the date, and references to applicable Specification section(s) and/or drawing and detail number(s). (D) Required Corrections. If corrections are required, Contractor must promptly make and submit any required corrections as specified in full conformance with the requirements of this Section, or other requirements that apply to that submittal. (E) Effect of Review and Acceptance. Review and acceptance of a submittal by City will not relieve Contractor from complying with the requirements of the Contract Documents. Contractor is responsible for any errors in any submittal, and review or acceptance of a submittal by City is not an assumption of risk or liability by City. (F) Enforcement. Any Work performed or any material furnished, installed, fabricated or used without City’s prior acceptance of a required submittal is performed or provided at Contractor’s risk, and Contractor may be required to bear the costs incident thereto, including the cost of removing and replacing such Work, repairs to other affected portions of the Work or material, and the cost of additional time or services required of City, including costs for the Design Professional, Project Manager, or Inspector. (G) Excessive RFIs. A RFI will be considered excessive or unnecessary if City determines that the explanation or response to the RFI is clearly and unambiguously discernable from the Contract Documents. City’s costs to review and respond to excessive or unnecessary RFIs may be deducted from payments otherwise due to Contractor. 2.6 Shop Drawings. When Shop Drawings are required by the Specifications or requested by the Engineer, they must be prepared according to best practices at Contractor’s expense. The Shop Drawings must be of a size and scale to clearly show all necessary details. Unless otherwise specified by City, Shop Drawings must be provided to the Engineer for review and acceptance at least 30 days before the Work will be performed. If City requires changes, the corrected Shop Drawings must be resubmitted to the Engineer for review within the time specified by the Engineer. For all Project components requiring Shop Drawings, Contractor will not furnish materials or perform any Work until the Shop Drawings for those components are accepted by City. Contractor is responsible for any errors or omissions in the Shop Drawings, shop fits and field corrections; any deviations from the Contract Documents; and for the results obtained by the use of Shop Drawings. Acceptance of Shop Drawings by City does not relieve Contractor of Contractor’s responsibility. 2.7 Access to Work. Contractor must afford prompt and safe access to any Worksite by City and its employees, agents, or consultants authorized by City; and upon request by City, Contractor must promptly arrange for City representatives to visit or inspect manufacturing sites or fabrication facilities for items to be incorporated into the Work. 2.8 Personnel. Contractor and its Subcontractors must employ only competent and skillful personnel to perform the Work. Contractor and its Subcontractor’s supervisors, security or safety personnel, and employees who have unescorted access to the Project site must possess proficiency in English sufficient to read, understand, receive, and implement oral or written communications or instructions relating to their respective job functions, including safety and security requirements. Upon written notification from the Engineer, Contractor and its Subcontractors must immediately discharge any personnel who are incompetent, disorderly, disruptive, threatening, abusive, or profane, or otherwise refuse or fail to comply with the requirements of the Contract Documents or Laws, including Laws pertaining to health and safety. Any such discharged personnel may not be re- employed or permitted on the Project in any capacity without City’s prior written consent. Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 42 Article 3 - Contract Documents 3.1 Interpretation of Contract Documents. (A) Plans and Specifications. The Plans and Specifications included in the Contract Documents are complementary. If Work is shown on one but not on the other, Contractor must perform the Work as though fully described on both, consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. The Plans and Specifications are deemed to include and require everything necessary and reasonably incidental to completion of the Work, whether or not particularly mentioned or shown. Contractor must perform all Work and services and supply all things reasonably related to and inferable from the Contract Documents. In the event of a conflict between the Plans and Specifications, the Specifications will control, unless the drawing(s) at issue are dated later than the Specification(s) at issue. Detailed drawings take precedence over general drawings, and large-scale drawings take precedence over smaller scale drawings. Any arrangement or division of the Plans and Specifications into sections is for convenience and is not intended to limit the Work required by separate trades. A conclusion presented in the Plans or Specifications is only a recommendation. Actual locations and depths must be determined by Contractor’s field investigation. Contractor may request access to underlying or background information in City’s possession that is necessary for Contractor to form its own conclusions. (B) Duty to Notify and Seek Direction. If Contractor becomes aware of a changed condition in the Project, or of any ambiguity, conflict, inconsistency, discrepancy, omission, or error in the Contract Documents, including the Plans or Specifications, Contractor must promptly submit a Request for Information to the Engineer and wait for a response from City before proceeding further with the related Work. The RFI must notify City of the issue and request clarification, interpretation or direction. The Engineer’s clarification, interpretation or direction will be final and binding on Contractor. If Contractor proceeds with the related Work before obtaining City’s response, Contractor will be responsible for any resulting costs, including the cost of correcting any incorrect or defective Work that results. Timely submission of a clear and complete RFI is essential to avoiding delay. Delay resulting from Contractor’s failure to submit a timely and complete RFI to the Engineer is Non-Excusable Delay. If Contractor believes that City’s response to an RFI justifies a change to the Contract Price or Contract Time, Contractor must perform the Work as directed, but may submit a timely Change Order request in accordance with the Contract Documents. (See Articles 5 and 6.) (C) Figures and Dimensions. Figures control over scaled dimensions. (D) Technical or Trade Terms. Any terms that have well-known technical or trade meanings will be interpreted in accordance with those meanings, unless otherwise specifically defined in the Contract Documents. (E) Measurements. Contractor must verify all relevant measurements in the Contract Documents and at the Project site before ordering any material or performing any Work, and will be responsible for the correctness of those measurements or for costs that could have been avoided by independently verifying measurements. (F) Compliance with Laws. The Contract Documents are intended to comply with Laws and will be interpreted to comply with Laws. 3.2 Order of Precedence. Information included in one Contract Document but not in another will not be considered a conflict or inconsistency. Unless otherwise specified in the Special Conditions, in case of any conflict or inconsistency among the Contract Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 43 Documents, the following order of precedence will apply, beginning from highest to lowest, with the most recent version taking precedent over an earlier version: (A) Change Orders; (B) Addenda; (C) Contract; (D) Notice to Proceed; (E) Attachment B – Federal Contract Requirements (only if used); (F) Special Conditions; (G) General Conditions; (H) Payment and Performance Bonds; (I) Specifications; (J) Plans; (K) Notice of Potential Award; (L) Notice Inviting Bids; (M) Attachment A – Federal Bidding Requirements (only if used); (N) Instructions to Bidders; (O) Contractor’s Bid Proposal and attachments; (P) the City’s standard specifications, as applicable; and (Q) Any generic documents prepared by and on behalf of a third party, that were not prepared specifically for this Project, such as the Caltrans Standard Specifications or Caltrans Special Provisions. 3.3 Caltrans Standard Specifications. Any reference to or incorporation of the Standard Specifications of the State of California, Department of Transportation (“Caltrans”), including “Standard Specifications,” “Caltrans Specifications,” “State Specifications,” or “CSS,” means the most current edition of Caltrans’ Standard Specifications, unless otherwise specified (“Caltrans Standard Specifications”), including the most current amendments as of the date that Contractor’s bid was submitted for this Project. The following provisions apply to use of or reference to the Caltrans Standard Specifications or Special Provisions: (A) Limitations. The “General Provisions” of the Caltrans Standard Specifications, i.e., sections 1 through 9, do not apply to these Contract Documents with the exception of any specific provisions, if any, which are expressly stated to apply to these Contract Documents. (B) Conflicts or Inconsistencies. If there is a conflict or inconsistency between any provision in the Caltrans Standard Specifications or Special Provisions and a provision of these Contract Documents, as determined by City, the provision in the Contract Documents will govern. (C) Meanings. Terms used in the Caltrans Standard Specifications or Special Provisions are to be interpreted as follows: (1) Any reference to the “Engineer” is deemed to mean the City Engineer. (2) Any reference to the “Special Provisions” is deemed to mean the Special Conditions, unless the Caltrans Special Provisions are expressly included in the Contract Documents listed in Section 2 of the Contract. (3) Any reference to the “Department” or “State” is deemed to mean City. 3.4 For Reference Only. Contractor is responsible for the careful review of any document, study, or report provided by City or appended to the Contract Documents solely for informational purposes and identified as “For Reference Only.” Nothing in any document, Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 44 study, or report so appended and identified is intended to supplement, alter, or void any provision of the Contract Documents. Contractor is advised that City or its representatives may be guided by information or recommendations included in such reference documents, particularly when making determinations as to the acceptability of proposed materials, methods, or changes in the Work. Any record drawings or similar final or accepted drawings or maps that are not part of the Contract Documents are deemed to be For Reference Only. The provisions of the Contract Documents are not modified by any perceived or actual conflict with provisions in any document that is provided For Reference Only. 3.5 Current Versions. Unless otherwise specified by City, any reference to standard specifications, technical specifications, or any City or state codes or regulations means the latest specification, code, or regulation in effect on the date that bids were due. 3.6 Conformed Copies. If City prepares a conformed set of the Contract Documents following award of the Contract, it will provide Contractor with one hard copy (paper) sets and one copy of the electronic file in PDF format. It is Contractor’s responsibility to ensure that all Subcontractors, including fabricators, are provided with the conformed set of the Contract Documents at Contractor’s sole expense. 3.7 Ownership. No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. Contractor is deemed to have conveyed the copyright in any designs, drawings, specifications, Shop Drawings, or other documents (in paper or electronic form) developed by Contractor for the Project, and City will retain all rights to such works, including the right to possession. Article 4 - Bonds, Indemnity, and Insurance 4.1 Payment and Performance Bonds. Within ten days following issuance of the Notice of Potential Award, Contractor is required to provide a payment bond and a performance bond, each in the penal sum of not less than 100% of the Contract Price, and each executed by Contractor and its surety using the bond forms included with the Contract Documents. (A) Surety. Each bond must be issued and executed by a surety admitted in California. If an issuing surety cancels the bond or becomes insolvent, within seven days following written notice from City, Contractor must substitute a surety acceptable to City. If Contractor fails to substitute an acceptable surety within the specified time, City may, at its sole discretion, withhold payment from Contractor until the surety is replaced to City’s satisfaction, or terminate the Contract for default. (B) Supplemental Bonds for Increase in Contract Price. If the Contract Price increases during construction by five percent or more over the original Contract Price, Contractor must provide supplemental or replacement bonds within ten days of written notice from City pursuant to this Section, covering 100% of the increased Contract Price and using the bond forms included with the Contract Documents. 4.2 Indemnity. To the fullest extent permitted by law, Contractor must indemnify, defend, and hold harmless City, its Council, officers, officials, employees, agents, volunteers, and consultants (individually, an “Indemnitee,” and collectively the “Indemnitees”) from and against any and all liability, loss, damage, claims, causes of action, demands, charges, fines, costs, and expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of Contractor, its Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 45 employees, Subcontractors, representatives, or agents, in bidding or performing the Work or in failing to comply with any obligation of Contractor under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnity requirement applies to any Liability arising from alleged defects in the content or manner of submission of Contractor’s bid for the Contract. Contractor’s failure or refusal to timely accept a tender of defense pursuant to this Contract will be deemed a material breach of the Contract. City will timely notify Contractor upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code § 9201. Contractor waives any right to express or implied indemnity against any Indemnitee. Contractor’s indemnity obligations under this Contract will survive the expiration or any early termination of the Contract. 4.3 Insurance. No later than ten days following issuance of the Notice of Potential Award, Contractor must procure and provide proof of the insurance coverage required by this Section in the form of certificates and endorsements acceptable to City. The required insurance must cover the activities of Contractor and its Subcontractors relating to or arising from the performance of the Work, and must remain in full force and effect at all times during the period covered by the Contract, through the date of City’s acceptance of the Project. All required insurance must be issued by a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VIII” or better. If Contractor fails to provide any of the required coverage in full compliance with the requirements of the Contract Documents, City may, at its sole discretion, purchase such coverage at Contractor’s expense and deduct the cost from payments due to Contractor, or terminate the Contract for default. The procurement of the required insurance will not be construed to limit Contractor’s liability under this Contract or to fulfill Contractor’s indemnification obligations under this Contract. (A) Policies and Limits. The following insurance policies and limits are required for this Contract, unless otherwise specified in the Special Conditions: (1) Commercial General Liability (“CGL”) Insurance: The CGL insurance policy must be issued on an occurrence basis, written on a comprehensive general liability form, and must include coverage for liability arising from Contractor’s or its Subcontractor’s acts or omissions in the performance of the Work, including contractor’s protective coverage, contractual liability, products and completed operations, and broad form property damage, with limits of at least $2,000,000 per occurrence and at least $4,000,000 general aggregate. The CGL insurance coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth in this Section, including required endorsements. (2) Automobile Liability Insurance: The automobile liability insurance policy must provide coverage of at least $2,000,000 combined single-limit per accident for bodily injury, death, or property damage, including hired and non-owned auto liability. (3) Workers’ Compensation Insurance and Employer’s Liability: The workers’ compensation and employer’s liability insurance policy must comply with the requirements of the California Labor Code, providing coverage of at least $1,000,000 or as otherwise required by the statute. If Contractor is self-insured, Contractor must provide its Certificate of Permission to Self-Insure, duly authorized by the DIR. Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 46 (4) Pollution Liability Insurance: The pollution liability insurance policy must be issued on an occurrence basis, providing coverage of at least $2,000,000 for all loss arising out of claims for bodily injury, death, property damage, or environmental damage caused by pollution conditions resulting from the Work. (5) Builder’s Risk Insurance: The builder’s risk insurance policy must be issued on an occurrence basis, for all-risk or “all perils” coverage on a 100% completed value basis on the insurable portion of the Project for the benefit of City. (B) Notice. Each certificate of insurance must state that the coverage afforded by the policy or policies will not be reduced, cancelled or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums, in which case ten days advance written notice must be made to City. (C) Waiver of Subrogation. Each required policy must include an endorsement providing that the carrier will waive any right of subrogation it may have against City. (D) Required Endorsements. The CGL policy, automobile liability policy, pollution liability policy, and builder’s risk policy must include the following specific endorsements: (1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, “Additional Insured”) must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Contract. The additional insured endorsement must be provided using ISO form CG 20 10 11 85 or equivalent form(s) approved by the City. (2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured. (3) The insurance provided by Contractor is primary and no insurance held or owned by any Additional Insured may be called upon to contribute to a loss. (4) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support. (E) Contractor’s Responsibilities. This Section 4.3 establishes the minimum requirements for Contractor’s insurance coverage in relation to this Project, but is not intended to limit Contractor’s ability to procure additional or greater coverage. Contractor is responsible for its own risk assessment and needs and is encouraged to consult its insurance provider to determine what coverage it may wish to carry beyond the minimum requirements of this Section. Contractor is solely responsible for the cost of its insurance coverage, including premium payments, deductibles, or self-insured retentions, and no Additional Insured will be responsible or liable for any of the cost of Contractor’s insurance coverage. (F) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions that apply to the required insurance (collectively, “deductibles”) in excess of $100,000 are subject to approval by the City’s Risk Manager, acting in his or her sole discretion, and must be declared by Contractor when it submits its certificates of insurance and endorsements pursuant to this Section 4.3. If the City’s Risk Manager determines that the deductibles are unacceptably high, at City’s option, Contractor must either reduce or eliminate the deductibles as they apply to City and all required Additional Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 47 Insured; or must provide a financial guarantee, to City’s satisfaction, guaranteeing payment of losses and related investigation, claim administration, and legal expenses. (G) Subcontractors. Contractor must ensure that each Subcontractor is required to maintain the same insurance coverage required under this Section 4.3, with respect to its performance of Work on the Project, including those requirements related to the Additional Insureds and waiver of subrogation, but excluding pollution liability or builder’s risk insurance unless otherwise specified in the Special Conditions. A Subcontractor may be eligible for reduced insurance coverage or limits, but only to the extent approved in writing in advance by the City’s Risk Manager. Contractor must confirm that each Subcontractor has complied with these insurance requirements before the Subcontractor is permitted to begin Work on the Project. Upon request by the City, Contractor must provide certificates and endorsements submitted by each Subcontractor to prove compliance with this requirement. The insurance requirements for Subcontractors do not replace or limit the Contractor’s insurance obligations. Article 5 - Contract Time 5.1 Time is of the Essence. Time is of the essence in Contractor’s performance and completion of the Work, and Contractor must diligently prosecute the Work and complete it within the Contract Time. (A) General. Contractor must commence the Work on the date indicated in the Notice to Proceed and must fully complete the Work in strict compliance with all requirements of the Contract Documents and within the Contract Time. Contractor may not begin performing the Work before the date specified in the Notice to Proceed. (B) Authorization. Contractor is not entitled to compensation or credit for any Work performed before the date specified in the Notice to Proceed, with the exception of any schedules, submittals, or other requirements, if any, that must be provided or performed before issuance of the Notice to Proceed. (C) Rate of Progress. Contractor and its Subcontractors must, at all times, provide workers, materials, and equipment sufficient to maintain the rate of progress necessary to ensure full completion of the Work within the Contract Time. If City determines that Contractor is failing to prosecute the Work at a sufficient rate of progress, City may, in its sole discretion, direct Contractor to provide additional workers, materials, or equipment, or to work additional hours or days without additional cost to City, in order to achieve a rate of progress satisfactory to City. If Contractor fails to comply with City’s directive in this regard, City may, at Contractor’s expense, separately contract for additional workers, materials, or equipment or use City’s own forces to achieve the necessary rate of progress. Alternatively, City may terminate the Contract based on Contractor’s default. 5.2 Schedule Requirements. Contractor must prepare all schedules using standard, commercial scheduling software acceptable to the Engineer, and must provide the schedules in electronic and paper form as requested by the Engineer. In addition to the general scheduling requirements set forth below, Contractor must also comply with any scheduling requirements included in the Special Conditions or in the Technical Specifications. (A) Baseline (As-Planned) Schedule. Within ten calendar days following City’s issuance of the Notice to Proceed (or as otherwise specified in the Notice to Proceed), Contractor must submit to City for review and acceptance a baseline (as-planned) schedule using critical path methodology showing in detail how Contractor plans to perform and fully complete the Work within the Contract Time, including labor, Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 48 equipment, materials, and fabricated items. The baseline schedule must show the order of the major items of Work and the dates of start and completion of each item, including when the materials and equipment will be procured. The schedule must also include the work of all trades, reflecting anticipated labor or crew hours and equipment loading for the construction activities, and must be sufficiently comprehensive and detailed to enable progress to be monitored on a day-by-day basis. For each activity, the baseline schedule must be dated, provided in the format specified in the Contract Documents or as required by City, and must include, at a minimum, a description of the activity, the start and completion dates of the activity, and the duration of the activity. (1) Specialized Materials Ordering. Within five calendar days following issuance of the Notice to Proceed, Contractor must order any specialized material or equipment for the Work that is not readily available from material suppliers. Contractor must also retain documentation of the purchase order date(s). (B) City’s Review of Schedules. City will review and may note exceptions to the baseline schedule, and to the progress schedules submitted as required below, to assure completion of the Work within the Contract Time. Contractor is solely responsible for resolving any exceptions noted in a schedule and, within seven days, must correct the schedule to address the exceptions. City’s review or acceptance of Contractor’s schedules will not operate to waive or limit Contractor’s duty to complete the Project within the Contract Time, nor to waive or limit City’s right to assess liquidated damages for Contractor’s unexcused failure to do so. (C) Progress Schedules. After City accepts the final baseline schedule with no exceptions, Contractor must submit an updated progress schedule and three-week look- ahead schedule, in the format specified by City, for review and acceptance with each application for a progress payment, or when otherwise specified by City, until completion of the Work. The updated progress schedule must: show how the actual progress of the Work as constructed to date compares to the baseline schedule; reflect any proposed changes in the construction schedule or method of operations, including to achieve Project milestones within the Contract Time; and identify any actual or potential impacts to the critical path. Contractor must also submit periodic reports to City of any changes in the projected material or equipment delivery dates for the Project. (1) Float. The progress schedule must show early and late completion dates for each task. The number of days between those dates will be designated as the “float.” Any float belongs to the Project and may be allocated by the Engineer to best serve timely completion of the Project. (2) Failure to Submit Schedule. Reliable, up-to-date schedules are essential to efficient and cost-effective administration of the Project and timely completion. If Contractor fails to submit a schedule within the time periods specified in this Section, or submits a schedule to which City has noted exceptions that are not corrected, City may withhold up to five percent from payment(s) otherwise due to Contractor until the exceptions are resolved, the schedule is corrected and resubmitted, and City has accepted the schedule. In addition, Contractor’s failure to comply with the schedule requirements in this Section 5.2 will be deemed a material default and a waiver of any claims for Excusable Delay or loss of productivity arising during any period when Contractor is out of compliance, subject only to the limits of Public Contract Code § 7102. (D) Recovery Schedule. If City determines that the Work is more than one week behind schedule, within seven days following written notice of such determination, Contractor must submit a recovery schedule, showing how Contractor intends to perform and complete the Work within the Contract Time, based on actual progress to date. Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 49 (E) Effect of Acceptance. Contractor and its Subcontractors must perform the Work in accordance with the most current City-accepted schedule unless otherwise directed by City. City’s acceptance of a schedule does not operate to extend the time for completion of the Work or any component of the Work, and will not affect City’s right to assess liquidated damages for Contractor’s unexcused delay in completing the Work within the Contract Time. (F) Posting. Contractor must at all times prominently post a copy of the most current City-accepted progress or recovery schedule in its on-site office. (G) Reservation of Rights. City reserves the right to direct the sequence in which the Work must be performed or to make changes in the sequence of the Work in order to facilitate the performance of work by City or others, or to facilitate City’s use of its property. The Contract Time or Contract Price may be adjusted to the extent such changes in sequence actually increase or decrease Contractor’s time or cost to perform the Work. (H) Authorized Working Days and Times. Contractor is limited to working Monday through Friday, excluding holidays, during City’s normal business hours, except as provided in the Special Conditions or as authorized in writing by City. City reserves the right to charge Contractor for additional costs incurred by City due to Work performed on days or during hours not expressly authorized in the Contract Documents, including reimbursement of costs incurred for inspection, testing, and construction management services. 5.3 Delay and Extensions of Contract Time. (A) Notice of Delay. If Contractor becomes aware of any actual or potential delay affecting the critical path, Contractor must promptly notify the Engineer in writing, regardless of the nature or cause of the delay, so that City has a reasonable opportunity to mitigate or avoid the delay. (B) Excusable Delay. The Contract Time may be extended if Contractor encounters “Excusable Delay,” which is an unavoidable delay in completing the Work within the Contract Time due to causes completely beyond Contractor’s control, and which Contractor could not have avoided or mitigated through reasonable care, planning, foresight, or diligence, provided that Contractor is otherwise fully performing its obligations under the Contract Documents. Grounds for Excusable Delay may include fire, natural disasters including earthquake or unusually severe weather, acts of terror or vandalism, epidemic, unforeseeable adverse government actions, unforeseeable actions of third parties, encountering unforeseeable hazardous materials, unforeseeable site conditions, or suspension for convenience under Article 13. The Contract Time will not be extended based on circumstances which will not unavoidably delay completing the Work within the Contract Time based on critical path analysis. (C) Weather Delays. A “Weather Delay Day” is a Working Day during which Contractor and its forces, including Subcontractors, are unable to perform more than 40% of the critical path Work scheduled for that day due to adverse weather conditions which impair the ability to safely or effectively perform the scheduled critical path Work that day. Adverse weather conditions may include rain, saturated soil, and Project site clean-up required due to adverse weather. Determination of what constitutes critical path Work scheduled for that day will be based on the most current, City-approved schedule. Contractor will be entitled to a non-compensable extension of the Contract Time for each Weather Delay Day in excess of the normal Weather Delay Days within a given month as Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 50 determined by reliable records, including monthly rainfall averages, for the preceding ten years (or as otherwise specified in the Special Conditions or Specifications). (1) Contractor must fully comply with the applicable procedures in Articles 5 and 6 of the General Conditions regarding requests to modify the Contract Time. (2) Contractor will not be entitled to an extension of time for a Weather Delay Day to the extent Contractor is responsible for concurrent delay on that day. (3) Contractor must take reasonable steps to mitigate the consequences of Weather Delay Days, including prudent workforce management and protecting the Work, Project Site, materials, and equipment. (D) Non-Excusable Delay. Delay which Contractor could have avoided or mitigated through reasonable care, planning, foresight, or diligence is “Non-Excusable Delay.” Contractor is not entitled to an extension of Contract Time or any compensation for Non- Excusable Delay, or for Excusable Delay that is concurrent with Non-Excusable Delay. Non-Excusable Delay includes delay caused by: (1) weather conditions which are normal for the location of the Project, as determined by reliable records, including monthly rainfall averages, for the preceding ten years; (2) Contractor’s failure to order equipment and materials sufficiently in advance of the time needed for completion of the Work within the Contract Time; (3) Contractor’s failure to provide adequate notification to utility companies or agencies for connections or services necessary for completion of the Work within the Contract Time; (4) foreseeable conditions which Contractor could have ascertained from reasonably diligent inspection of the Project site or review of the Contract Documents or other information provided or available to Contractor; (5) Contractor’s failure, refusal, or financial inability to perform the Work within the Contract Time, including insufficient funds to pay its Subcontractors or suppliers; (6) performance or non-performance by Contractor’s Subcontractors or suppliers; (7) the time required to respond to excessive RFIs (see Section 2.5(G)); (8) delayed submission of required submittals, or the time required for correction and resubmission of defective submittals; (9) time required for repair of, re-testing, or re-inspection of defective Work; (10) enforcement of Laws by City, or outside agencies with jurisdiction over the Work; or (11) City’s exercise or enforcement of any of its rights or Contractor’s duties pursuant to the Contract Documents, including correction of defective Work, extra inspections or testing due to non-compliance with Contract requirements, safety compliance, environmental compliance, or rejection and return of defective or deficient submittals. Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 51 (E) Compensable Delay. Pursuant to Public Contract Code § 7102, in addition to entitlement to an extension of Contract Time, Contractor is entitled to compensation for costs incurred due to delay caused solely by City, when that delay is unreasonable under the circumstances involved and not within the contemplation of the parties (“Compensable Delay”). Contractor is not entitled to an extension of Contract Time or recovery of costs for Compensable Delay that is concurrent with Non-Excusable Delay. Delay due to Weather Delay Days in excess of normal for a given month, as set forth in Section 5.3(C), is not Compensable Delay, and will only entitle Contractor to an extension of time commensurate with the time lost due to such delay. (F) Recoverable Costs. Contractor is not entitled to compensation for Excusable Delay unless it is Compensable Delay, as defined above. Contractor is entitled to recover only the actual, direct, reasonable, and substantiated costs (“Recoverable Costs”) for each working day that the Compensable Delay prevents Contractor from proceeding with more than 50% of the critical path Work scheduled for that day, based on the most recent progress schedule accepted by City. Recoverable Costs will not include home office overhead or lost profit. (G) Request for Extension of Contract Time or Recoverable Costs. A request for an extension of Contract Time or any associated Recoverable Costs must be submitted in writing to City within 14 calendar days of the date the delay is first encountered, even if the duration of the delay is not yet known at that time, or any entitlement to the Contract Time extension or to the Recoverable Costs will be deemed waived. In addition to complying with the requirements of this Article 5, the request must be submitted in compliance with the Change Order request procedures in Article 6 below. Strict compliance with these requirements is necessary to ensure that any delay or consequences of delay may be mitigated as soon as possible, and to facilitate cost- efficient administration of the Project and timely performance of the Work. Any request for an extension of Contract Time or Recoverable Costs that does not strictly comply with all of the requirements of Article 5 and Article 6 will be deemed waived. (1) Required Contents. The request must include a detailed description of the cause(s) of the delay and must also describe the measures that Contractor has taken to mitigate the delay and/or its effects, including efforts to mitigate the cost impact of the delay, such as by workforce management or by a change in sequencing. If the delay is still ongoing at the time the request is submitted, the request should also include Contractor’s plan for continued mitigation of the delay or its effects. (2) Delay Days and Costs. The request must specify the number of days of Excusable Delay claimed or provide a realistic estimate if the duration of the delay is not yet known. If Contractor believes it is entitled to Recoverable Costs for Compensable Delay, the request must specify the amount and basis for the Recoverable Costs that are claimed or provide a realistic estimate if the amount is not yet known. Any estimate of delay duration or cost must be updated in writing and submitted with all required supporting documentation as soon as the actual time and cost is known. The maximum extension of Contract Time will be the number of days, if any, by which an Excusable Delay or a Compensable Delay exceeds any concurrent Non-Excusable Delay. Contractor is entitled to an extension of Contract Time, or compensation for Recoverable Costs, only if, and only to the extent that, such delay will unavoidably delay Final Completion. (3) Supporting Documentation. The request must also include any and all supporting documentation necessary to evidence the delay and its actual impacts, including scheduling and cost impacts with a time impact analysis using Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 52 critical path methodology and demonstrating the unavoidable delay to Final Completion. The time impact analysis must be submitted in a form or format acceptable to City. (4) Burden of Proof. Contractor has the burden of proving that: the delay was an Excusable Delay or Compensable Delay, as defined above; Contractor has fully complied with its scheduling obligations in Section 5.2, Schedule Requirements; Contractor has made reasonable efforts to mitigate the delay and its schedule and cost impacts; the delay will unavoidably result in delaying Final Completion; and any Recoverable Costs claimed by Contractor were actually incurred and were reasonable under the circumstances. (5) Legal Compliance. Nothing in this Section 5.3 is intended to require the waiver, alteration, or limitation of the applicability of Public Contract Code § 7102. (6) No Waiver. Any grant of an extension of Contract Time, or compensation for Recoverable Costs due to Compensable Delay, will not operate as a waiver of City’s right to assess liquidated damages for Non-Excusable Delay. (7) Dispute Resolution. In the event of a dispute over entitlement to an extension of Contract Time or compensation for Recoverable Costs, Contractor may not stop Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work. Contractor’s sole recourse for an unresolved dispute based on City’s rejection of a Change Order request for an extension of Contract Time or compensation for Recoverable Costs is to comply with the dispute resolution provisions set forth in Article 12 below. 5.4 Liquidated Damages. It is expressly understood that if Final Completion is not achieved within the Contract Time, City will suffer damages from the delay that are difficult to determine and accurately specify. Pursuant to Public Contract Code § 7203, if Contractor fails to achieve Final Completion within the Contract Time due to Contractor’s Non- Excusable Delay, City will charge Contractor in the amount specified in the Contract for each calendar day that Final Completion is delayed beyond the Contract Time, as liquidated damages and not as a penalty. Any waiver of accrued liquidated damages, in whole or in part, is subject to approval of the City Council or its authorized delegee. (A) Liquidated Damages. Liquidated damages will not be assessed for any Excusable Delay or Compensable Delay, as set forth above. (B) Milestones. Liquidated damages may also be separately assessed for failure to meet milestones specified elsewhere in the Contract Documents. (C) Setoff. City is entitled to deduct the amount of liquidated damages assessed against any payments otherwise due to Contractor, including progress payments, Final Payment, or unreleased retention. If there are insufficient Contract funds remaining to cover the full amount of liquidated damages assessed, City is entitled to recover the balance from Contractor or its performance bond surety. (D) Occupancy or Use. Occupancy or use of the Project in whole or in part prior to Final Completion does not constitute City’s acceptance of the Project and will not operate as a waiver of City’s right to assess liquidated damages for Contractor’s Non-Excusable Delay in achieving Final Completion. (E) Other Remedies. City’s right to liquidated damages under this Section applies only to damages arising from Contractor’s Non-Excusable Delay or failure to complete Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 53 the Work within the Contract Time. City retains its right to pursue all other remedies under the Contract for other types of damage, including damage to property or persons, costs or diminution in value from defective materials or workmanship, costs to repair or complete the Work, or other liability caused by Contractor. Article 6 - Contract Modification 6.1 Contract Modification. Subject to the limited exception set forth in subsection (D) below, any change in the Work or the Contract Documents, including the Contract Price or Contract Time, will not be a valid and binding change to the Contract unless it is formalized in a Change Order, including a “no-cost” Change Order or a unilateral Change Order. Changes in the Work pursuant to this Article 6 will not operate to release, limit, or abridge Contractor’s warranty obligations pursuant to Article 11 or any obligations of Contractor’s bond sureties. (A) City-Directed Changes. City may direct changes in the scope or sequence of Work or the requirements of the Contract Documents, without invalidating the Contract. Such changes may include Extra Work as set forth in subsection (C) below, or deletion or modification of portions of the Work. Contractor must promptly comply with City-directed changes in the Work in accordance with the original Contract Documents, even if Contractor and City have not yet reached agreement as to adjustments to the Contract Price or Contract Time for the change in the Work or for the Extra Work. Contractor is not entitled to extra compensation for cost savings resulting from “value engineering” pursuant to Public Contract Code § 7101, except to the extent authorized in advance by City in writing, and subject to any applicable procedural requirements for submitting a proposal for value engineering cost savings. (B) Disputes. In the event of a dispute over entitlement to or the amount of a change in Contract Time or a change in Contract Price related to a City-directed change in the Work, Contractor must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute. Likewise, in the event that City and Contractor dispute whether a portion or portions of the Work are already required by the Contract Documents or constitute Extra Work, or otherwise dispute the interpretation of any portion(s) of the Contract Documents, Contractor must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute, as directed by City. If Contractor refuses to perform the Work in dispute, City may, acting in its sole discretion, elect to delete the Work from the Contract and reduce the Contract Price accordingly, and self-perform the Work or direct that the Work be performed by others. Alternatively, City may elect to terminate the Contract for convenience or for cause. Contractor’s sole recourse for an unresolved dispute related to changes in the Work or performance of any Extra Work is to comply with the dispute resolution provisions set forth in Article 12, below. (C) Extra Work. City may direct Contractor to perform Extra Work related to the Project. Contractor must promptly perform any Extra Work as directed or authorized by City in accordance with the original Contract Documents, even if Contractor and City have not yet reached agreement on adjustments to the Contract Price or Contract Time for such Extra Work. If Contractor believes it is necessary to perform Extra Work due to changed conditions, Contractor must promptly notify the Engineer in writing, specifically identifying the Extra Work and the reason(s) the Contractor believes it is Extra Work. This notification requirement does not constitute a Change Order request pursuant to Section 6.2, below. Contractor must maintain detailed daily records that itemize the cost of each Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 54 element of Extra Work, and sufficiently distinguish the direct cost of the Extra Work from the cost of other Work performed. For each day that Contractor performs Extra Work, or Work that Contractor contends is Extra Work, Contractor must submit no later than the following Working Day, a daily report of the Extra Work performed that day and the related costs, together with copies of certified payroll, invoices, and other documentation substantiating the costs (“Extra Work Report”). The Engineer will make any adjustments to Contractor’s Extra Work Report(s) based on the Engineer’s records of the Work. When an Extra Work Report(s) is agreed on and signed by both City and Contractor, the Extra Work Report(s) will become the basis for payment under a duly authorized and signed Change Order. Failure to submit the required documentation by close of business on the next Working Day is deemed a full and complete waiver for any change in the Contract Price or Contract Time for any Extra Work performed that day. (D) Minor Changes and RFIs. Minor field changes, including RFI replies from City, that do not affect the Contract Price or Contract Time and that are approved by the Engineer acting within his or her scope of authority, do not require a Change Order. By executing an RFI reply from City, Contractor agrees that it will perform the Work as clarified therein, with no change to the Contract Price or Contract Time. (E) Remedy for Non-Compliance. Contractor’s failure to promptly comply with a City-directed change is deemed a material breach of the Contract, and in addition to all other remedies available to it, City may, at its sole discretion, hire another contractor or use its own forces to complete the disputed Work at Contractor’s sole expense, and may deduct the cost from the Contract Price. 6.2 Contractor Change Order Requests. Contractor must submit a request or proposal for a change in the Work, compensation for Extra Work, or a change in the Contract Price or Contract Time as a written Change Order request or proposal. (A) Time for Submission. Any request for a change in the Contract Price or the Contract Time must be submitted in writing to the Engineer within 14 calendar days of the date that Contractor first encounters the circumstances, information or conditions giving rise to the Change Order request, even if the total amount of the requested change in the Contract Price or impact on the Contract Time is not yet known at that time. If City requests that Contractor propose the terms of a Change Order, unless otherwise specified in City’s request, Contractor must provide the Engineer with a written proposal for the change in the Contract Price or Contract Time within five working days of receiving City’s request, in a form satisfactory to the Engineer. (B) Required Contents. Any Change Order request or proposal submitted by Contractor must include a complete breakdown of actual or estimated costs and credits, and must itemize labor, materials, equipment, taxes, insurance, subcontract amounts, and, if applicable, Extra Work Reports. Any estimated cost must be updated in writing as soon as the actual amount is known. (C) Required Documentation. All claimed costs must be fully documented, and any related request for an extension of time or delay-related costs must be included at that time and in compliance with the requirements of Article 5 of the General Conditions. Upon request, Contractor must permit City to inspect its original and unaltered bidding records, subcontract agreements, subcontract change orders, purchase orders, invoices, or receipts associated with the claimed costs. (D) Required Form. Contractor must use City’s form(s) for submitting all Change Order requests or proposals, unless otherwise specified by City. Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 55 (E) Certification. All Change Order requests must be signed by Contractor and must include the following certification: “The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Change Order request are true and correct. Contractor warrants that this Change Order request is comprehensive and complete as to the Work or changes referenced herein, and agrees that any known or foreseeable costs, expenses, or time extension requests not included herein, are deemed waived.” 6.3 Adjustments to Contract Price. The amount of any increase or decrease in the Contract Price will be determined based on one of the following methods listed below, in the order listed with unit pricing taking precedence over the other methods. Markup applies only to City-authorized time and material Work, and does not apply to any other payments to Contractor. For Work items or components that are deleted in their entirety, Contractor will only be entitled to compensation for those direct, actual, and documented costs (including restocking fees), reasonably incurred before Contractor was notified of the City’s intent to delete the Work, with no markup for overhead, profit, or other indirect costs. (A) Unit Pricing. Amounts previously provided by Contractor in the form of unit prices, either in a bid schedule or in a post-award schedule of values pursuant to Section 8.1, Schedule of Values, will apply to determine the price for the affected Work, to the extent applicable unit prices have been provided for that type of Work. No additional markup for overhead, profit, or other indirect costs will be added to the calculation. (B) Lump Sum. A mutually agreed upon, all-inclusive lump sum price for the affected Work with no additional markup for overhead, profit, or other indirect costs. (C) Time and Materials. On a time and materials basis, if and only to the extent compensation on a time and materials basis is expressly authorized by City in advance of Contractor’s performance of the Work and subject to any not-to-exceed limit. Time and materials compensation for increased costs or Extra Work (but not decreased costs or deleted Work) will include allowed markup for overhead, profit, and other indirect costs, calculated as the total of the following sums, the cumulative total of which may not exceed the maximum markup rate of 15%: (1) All direct labor costs provided by the Contractor, excluding superintendence, project management, or administrative costs, plus 15% markup; (2) All direct material costs provided by the Contractor, including sales tax, plus 15% markup; (3) All direct plant and equipment rental costs provided by the Contractor, plus 15% markup; (4) All direct additional subcontract costs plus 10% markup for Work performed by Subcontractors; and (5) Increased bond or insurance premium costs computed at 1.5% of the total of the previous four sums. 6.4 Unilateral Change Order. If the parties dispute the terms of a proposed Change Order, including disputes over the amount of compensation or extension of time that Contractor has requested, the value of deleted or changed Work, what constitutes Extra Work, or quantities used, City may elect to issue a unilateral Change Order, directing performance Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 56 of the Work, and authorizing a change in the Contract Price or Contract Time for the adjustment to compensation or time that the City believes is merited. Contractor’s sole recourse to dispute the terms of a unilateral Change Order is to submit a timely Claim pursuant to Article 12, below. 6.5 Non-Compliance Deemed Waiver. Contractor waives its entitlement to any increase in the Contract Price or Contract Time if Contractor fails to fully comply with the provisions of this Article. Contractor will not be paid for unauthorized Extra Work. Article 7 - General Construction Provisions 7.1 Permits, Fees, Business License, and Taxes. (A) Permits, Fees, and City Business License. Contractor must obtain and pay for all permits, fees, and licenses required to perform the Work, including a City business license. Contractor must cooperate with and provide notifications to all government agencies with jurisdiction over the Project, as may be required. Contractor must provide City with copies of all records of permits and permit applications, payment of required fees, and any licenses required for the Work. (B) Taxes. Contractor must pay for all taxes on labor, material, and equipment, except Federal Excise Tax to the extent that City is exempt from Federal Excise Tax. 7.2 Temporary Facilities. Contractor must provide, at Contractor’s sole expense, any and all temporary facilities for the Project, including an onsite staging area for materials and equipment, a field office, sanitary facilities, utilities, storage, scaffolds, barricades, walkways, and any other temporary structure required to safely perform the Work along with any incidental utility services. The location of all temporary facilities must be approved by the City prior to installation. Temporary facilities must be safe and adequate for the intended use and installed and maintained in accordance with Laws and the Contract Documents. Contractor must fence and screen the Project site and, if applicable, any separate Worksites, including the staging area, and its operation must minimize inconvenience to neighboring properties. Additional provisions pertaining to temporary facilities may be included in the Specifications or Special Conditions. (A) Utilities. Contractor must install and maintain the power, water, sewer, and all other utilities required for the Project site, including the piping, wiring, internet and wifi connections, and any related equipment necessary to maintain the temporary facilities. (B) Removal and Repair. Contractor must promptly remove all such temporary facilities when they are no longer needed or upon completion of the Work, whichever comes first. Contractor must promptly repair any damage to City’s property or to other property caused by the installation, use, or removal of the temporary facilities, and must promptly restore the property to its original or intended condition. 7.3 Noninterference and Site Management. Contractor must avoid interfering with City’s use of its property at or adjacent to the Project site, including use of roadways, entrances, parking areas, walkways, and structures. Contractor must also minimize disruption of access to private property in the Project vicinity. Contractor must coordinate with affected property owners, tenants, and businesses, and maintain some vehicle and pedestrian access to their residences or properties at all times. Temporary access ramps, fencing or other measures must be provided as needed. Before blocking access to a private driveway or parking lot, Contractor must provide effective notice to the affected parties at least 48 hours in advance of the pending closure and allow them to remove vehicles. Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 57 Private driveways, residences and parking lots must have access to a roadway during non-Work hours. (A) Offsite Acquisition. Unless otherwise provided by City, Contractor must acquire, use, and dispose of, at its sole expense, any Worksites, licenses, easements, and temporary facilities necessary to access and perform the Work. (B) Offsite Staging Area and Field Office. If additional space beyond the Project site is needed, such as for the staging area or the field office, Contractor may need to make arrangements with the nearby property owner(s) to secure the space. Before using or occupying any property owned by a third party, Contractor must provide City with a copy of the necessary license agreement, easement, or other written authorization from the property owner, together with a written release from the property owner holding City harmless from any related liability, in a form acceptable to the City Attorney. (C) Traffic Management. Contractor must provide traffic management and traffic controls as specified in the Contract Documents, as required by Laws, and as otherwise required to ensure public and worker safety, and to avoid interference with public or private operations or the normal flow of vehicular, bicycle, or pedestrian traffic. 7.4 Signs. No signs may be displayed on or about City’s property, except signage which is required by Laws or by the Contract Documents, without City’s prior written approval as to size, design, and location. 7.5 Project Site and Nearby Property Protections. (A) General. Contractor is responsible at all times, on a 24-hour basis and at its sole cost, for protecting the Work, the Project site, and the materials and equipment to be incorporated into the Work, until the City has accepted the Project, excluding any exceptions to acceptance, if any. Except as specifically authorized by City, Contractor must confine its operations to the area of the Project site indicated in the Plans and Specifications. Contractor is liable for any damage caused by Contractor or its Subcontractors to the Work, City’s property, the property of adjacent or nearby property owners and the work or personal property of other contractors working for City, including damage related to Contractor’s failure to adequately secure the Work or any Worksite. (1) Subject to City’s approval, Contractor will provide and install safeguards to protect the Work; any Worksite, including the Project site; City’s real or personal property and the real or personal property of adjacent or nearby property owners, including plant and tree protections. (2) City wastewater systems may not be interrupted. If the Work disrupts existing sewer facilities, Contractor must immediately notify City and establish a plan, subject to City’s approval, to convey the sewage in closed conduits back into the sanitary sewer system. Sewage must not be permitted to flow in trenches or be covered by backfill. (3) Contractor must remove with due care, and store at City’s request, any objects or material from the Project site that City will salvage or reuse at another location. (4) If directed by Engineer, Contractor must promptly repair or replace any property damage, as specified by the Engineer. However, acting in its sole discretion, City may elect to have the property damage remedied otherwise, and Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 58 may deduct the cost to repair or replace the damaged property from payment otherwise due to Contractor. (5) Contractor will not permit any structure or infrastructure to be loaded in a manner that will damage or endanger the integrity of the structure or infrastructure. (B) Securing Project Site. After completion of Work each day, Contractor must secure the Project site and, to the extent feasible, make the area reasonably accessible to the public unless City approves otherwise. All excess materials and equipment not protected by approved traffic control devices must be relocated to the staging area or demobilized. Trench spoils must be hauled off the Project site daily and open excavations must be protected with steel plates. Contractor and Subcontractor personnel may not occupy or use the Project site for any purpose during non-Work hours, except as may be provided in the Contract Documents or pursuant to prior written authorization from City. (C) Unforeseen Conditions. If Contractor encounters facilities, utilities, or other unknown conditions not shown on or reasonably inferable from the Plans or apparent from inspection of the Project site, Contractor must immediately notify the City and promptly submit a Request for Information to obtain further directions from the Engineer. Contractor must avoid taking any action which could cause damage to the facilities or utilities pending further direction from the Engineer. The Engineer’s written response will be final and binding on Contractor. If the Engineer’s subsequent direction to Contractor affects Contractor’s cost or time to perform the Work, Contractor may submit a Change Order request as set forth in Article 6 above. (D) Support; Adjacent Properties. Contractor must provide, install, and maintain all shoring, bracing, and underpinning necessary to provide support to City’s property and adjacent properties and improvements thereon. Contractor must provide notifications to adjacent property owners as may be required by Laws. See also, Section 7.15, Trenching of Five Feet or More. (E) Notification of Property Damage. Contractor must immediately notify the City of damage to any real or personal property resulting from Work on the Project. Contractor must immediately provide a written report to City of any such property damage in excess of $500 (based on estimated cost to repair or replace) within 24 hours of the occurrence. The written report must include: (1) the location and nature of the damage, and the owner of the property, if known; (2) the name and address of each employee of Contractor or any Subcontractor involved in the damage; (3) a detailed description of the incident, including precise location, time, and names and contact information for known witnesses; and (4) a police or first responder report, if applicable. If Contractor is required to file an accident report with another government agency, Contractor will provide a copy of the report to City. 7.6 Materials and Equipment. (A) General. Unless otherwise specified, all materials and equipment required for the Work must be new, free from defects, and of the best grade for the intended purpose, and furnished in sufficient quantities to ensure the proper and expeditious performance of the Work. Contractor must employ measures to preserve the specified quality and fitness of the materials and equipment. Unless otherwise specified, all materials and equipment required for the Work are deemed to include all components required for complete installation and intended operation and must be installed in accordance with the manufacturer’s recommendations or instructions. Contractor is responsible for all shipping, handling, and storage costs associated with the materials and equipment required for the Work. Contractor is responsible for providing security and protecting the Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 59 Work and all of the required materials, supplies, tools and equipment at Contractor’s sole cost until City has formally accepted the Project as set forth in Section 11.1, Final Completion. Contractor will not assign, sell, mortgage, or hypothecate any materials or equipment for the Project, or remove any materials or equipment that have been installed or delivered. (B) City-Provided. If the Work includes installation of materials or equipment to be provided by City, Contractor is solely responsible for the proper examination, handling, storage, and installation in accordance with the Contract Documents. Contractor must notify City of any defects discovered in City-provided materials or equipment, sufficiently in advance of scheduled use or installation to afford adequate time to procure replacement materials or equipment as needed. Contractor is solely responsible for any loss of or damage to such items which occurs while the items are in Contractor’s custody and control, the cost of which may be offset from the Contract Price and deducted from any payment(s) due to Contractor. (C) Existing City Equipment. Contractor will carefully remove all existing equipment from the Worksite. If the City specifies or indicates that equipment is to be salvaged and reused or to remain the property of City then the Contractor will reuse or return the equipment to the City. Contractor will store and protect salvaged equipment specified to be reused in the Work. Contractor will deliver to the City in good condition the equipment that is to remain City property but not be reused in the Work. 1. If an item specified to be salvaged is damaged during its removal, storage, or handling through carelessness or improper procedures, then Contractor will replace that equipment in kind or with a new item. For those items specified to be salvaged Contractor may choose to instead furnish and install new equipment, in which case the original, removed items will become Contractor’s property. Existing materials and equipment removed by Contractor will only be reused in the Work if so specified or indicated by the City. (D) Intellectual Property Rights. Contractor must, at its sole expense, obtain any authorization or license required for use of patented or copyright-protected materials, equipment, devices, or processes that are incorporated into the Work. Contractor’s indemnity obligations in Article 4 apply to any claimed violation of intellectual property rights. 7.7 Substitutions. (A) “Or Equal.” Any Specification designating a material, product, or thing (collectively, “item”) or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate the quality and type of item or service desired, and Contractor may request use of any equal item or service. Unless otherwise stated in the Specifications, any reference to a specific brand or trade name for an item or service that is used solely for the purpose of describing the type of item or service desired, will be deemed to be followed by the words “or equal.” A substitution will only be approved if it is a true “equal” item or service in every aspect of design, function, and quality, as determined by City, including dimensions, weight, maintenance requirements, durability, fit with other elements, and schedule impacts. (B) Request for Substitution. A post-award request for substitution of an item or service must be submitted in writing to the Engineer for approval in advance, within the applicable time period provided in the Contract Documents. If no time period is specified, the substitution request may be submitted any time within 35 days after the date of award Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 60 of the Contract, or sufficiently in advance of the time needed to avoid delay of the Work, whichever is earlier. (C) Substantiation. Any available data substantiating the proposed substitute as an equal item or service must be submitted with the written request for substitution. Contractor’s failure to timely provide all necessary substantiation, including any required test results as soon as they are available, is grounds for rejection of the proposed substitution, without further review. (D) Burden of Proving Equality. Contractor has the burden of proving the equality of the proposed substitution at Contractor’s sole cost. City has sole discretion to determine whether a proposed substitution is equal, and City’s determination is final. (E) Approval or Rejection. If the proposed substitution is approved, Contractor is solely responsible for any additional costs or time associated with the substituted item or service. If the proposed substitution is rejected, Contractor must, without delay, install the item or use the service as specified by City. (F) Contractor’s Obligations. City’s approval of a proposed substitution will not relieve Contractor from any of its obligations under the Contract Documents. In the event Contractor makes an unauthorized substitution, Contractor will be solely responsible for all resulting cost impacts, including the cost of removal and replacement and the impact to other design elements. 7.8 Testing and Inspection. (A) General. All materials, equipment, and workmanship used in the Work are subject to inspection and testing by City at all times and at all locations during construction and/or fabrication, including at any Worksite, shops, and yards. All manufacturers’ application or installation instructions must be provided to the Inspector at least ten days prior to the first such application or installation. Contractor must, at all times, make the Work available for testing or inspection. Neither City’s inspection or testing of Work, nor its failure to do so, operate to waive or limit Contractor’s duty to complete the Work in accordance with the Contract Documents. (B) Scheduling and Notification. Contractor must cooperate with City in coordinating the inspections and testing. Contractor must submit samples of materials, at Contractor’s expense, and schedule all tests required by the Contract Documents in time to avoid any delay to the progress of the Work. Contractor must notify the Engineer no later than noon of the Working Day before any inspection or testing and must provide timely notice to the other necessary parties as specified in the Contract Documents. If Contractor schedules an inspection or test beyond regular Work hours, or on a Saturday, Sunday, or recognized City holiday, Contractor must notify the Engineer at least two Working Days in advance for approval. If approved, Contractor must reimburse City for the cost of the overtime inspection or testing. Such costs, including the City’s hourly costs for required personnel, may be deducted from payments otherwise due to Contractor. (C) Responsibility for Costs. City will bear the initial cost of inspection and testing to be performed by independent consultants retained by City, subject to the following exceptions: (1) Contractor will be responsible for the costs of any subsequent inspections or tests which are required to substantiate compliance with the Contract Documents, and any associated remediation costs. Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 61 (2) Contractor will be responsible for inspection costs, at City’s hourly rates, for inspection time lost because the Work is not ready, or Contractor fails to appear for a scheduled inspection. (3) If any portion of the Work that is subject to inspection or testing is covered or concealed by Contractor prior to the inspection or testing, Contractor will bear the cost of making that portion of the Work available for the inspection or testing required by the Contract Documents, and any associated repair or remediation costs. (4) Contractor is responsible for properly shoring all compaction test sites deeper than five feet below grade, as required under Section 7.15 below. (5) Any Work or material that is defective or fails to comply with the requirements of the Contract Documents must be promptly repaired, removed, replaced, or corrected by Contractor, at Contractor’s sole expense, even if that Work or material was previously inspected or included in a progress payment. (D) Contractor’s Obligations. Contractor is solely responsible for any delay occasioned by remediation of defective or noncompliant Work or material. Inspection or testing of the Work does not in any way relieve Contractor of its obligations to perform the Work as specified. Any Work done without the inspection(s) or testing required by the Contract Documents will be subject to rejection by City. (E) Distant Locations. If required off-site testing or inspection must be conducted at a location more than 100 miles from the Project site, Contractor is solely responsible for the additional travel costs required for testing and/or inspection at such locations. (F) Final Inspection. The provisions of this Section 7.8 also apply to final inspection under Article 11, Completion and Warranty Provisions. 7.9 Project Site Conditions and Maintenance. Contractor must at all times, on a 24-hour basis and at its sole cost, maintain the Project site and staging and storage areas in clean, neat, and sanitary condition and in compliance with all Laws pertaining to safety, air quality, and dust control. Adequate toilets must be provided, and properly maintained and serviced for all workers on the Project site, located in a suitably secluded area, subject to City’s prior approval. Contractor must also, on a daily basis and at its sole cost, remove and properly dispose of the debris and waste materials from the Project site. (A) Air Emissions Control. Contractor must not discharge smoke or other air contaminants into the atmosphere in violation of any Laws. Contractor must comply with all Laws, including the California Air Resources Board’s In-Use Off-Road Diesel-Fueled Fleets Regulation (13 CCR § 2449 et seq.). (B) Dust and Debris. Contractor must minimize and confine dust and debris resulting from the Work. Contractor must abate dust nuisance by cleaning, sweeping, and immediately sprinkling with water excavated areas of dirt or other materials prone to cause dust, and within one hour after the Engineer notifies Contractor that an airborne nuisance exists. The Engineer may direct that Contractor provide an approved water- spraying truck for this purpose. If water is used for dust control, Contractor will only use the minimum necessary. Contractor must take all necessary steps to keep waste water out of streets, gutters, or storm drains. See Section 7.19, Environmental Control. If City determines that the dust control is not adequate, City may have the work done by others and deduct the cost from the Contract Price. Contractor will immediately remove any excess excavated material from the Project site and any dirt deposited on public streets. Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 62 (C) Clean up. Before discontinuing Work in an area, Contractor must clean the area and remove all debris and waste along with the construction equipment, tools, machinery, and surplus materials. (1) Except as otherwise specified, all excess Project materials, and the materials removed from existing improvements on the Project site with no salvage value or intended reuse by City, will be Contractor’s property. (2) Hauling trucks and other vehicles leaving the Project site must be cleaned of exterior mud or dirt before traveling on City streets. Materials and loose debris must be delivered and loaded to prevent dropping materials or debris. Contractor must immediately remove spillage from hauling on any publicly traveled way. Streets affected by Work on the Project must be kept clean by street sweeping. (D) Disposal. Contractor must dispose of all Project debris and waste materials in a safe and legal manner. Contractor may not burn or bury waste materials on the Project site. Contractor will not allow any dirt, refuse, excavated material, surplus concrete or mortar, or any associated washings, to be disposed of onto streets, into manholes or into the storm drain system. (E) Completion. At the completion of the Work, Contractor must remove from the Project site all of its equipment, tools, surplus materials, waste materials and debris, presenting a clean and neat appearance. Before demobilizing from the Project site, Contractor must ensure that all surfaces are cleaned, sealed, waxed, or finished as applicable, and that all marks, stains, paint splatters, and the like have been properly removed from the completed Work and the surrounding areas. Contractor must ensure that all parts of the construction are properly joined with the previously existing and adjacent improvements and conditions. Contractor must provide all cutting, fitting and patching needed to accomplish that requirement. Contractor must also repair or replace all existing improvements that are damaged or removed during the Work, both on and off the Project site, including curbs, sidewalks, driveways, fences, signs, landscaping, utilities, street surfaces and structures. Repairs and replacements must be at least equal to the previously existing improvements, and the condition, finish and dimensions must match the previously existing improvements. Contractor must restore to original condition all property or items that are not designated for alteration under the Contract Documents and leave each Worksite clean and ready for occupancy or use by City. (F) Non-Compliance. If Contractor fails to comply with its maintenance and cleanup obligations or any City clean up order, City may, acting in its sole discretion, elect to suspend the Work until the condition(s) is corrected with no increase in the Contract Time or Contract Price, or undertake appropriate cleanup measures without further notice and deduct the cost from any amounts due or to become due to Contractor. 7.10 Instructions and Manuals. Contractor must provide to City one copy each of all instructions and manuals required by the Contract Documents, unless otherwise specified. These must be complete as to drawings, details, parts lists, performance data, and other information that may be required for City to easily maintain and service the materials and equipment installed for this Project. (A) Submittal Requirements. The instructions and manuals, along with any required guarantees, must be delivered to City for review prior to requesting final inspection pursuant to Section 11.1(A), unless otherwise specified. (B) Training. Contractor or its Subcontractors must train City’s personnel in the operation and maintenance of any complex equipment or systems as a condition precedent to Final Completion, if required in the Contract Documents. Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 63 7.11 As-built Drawings. Contractor and its Subcontractors must prepare and maintain at the Project site a detailed, complete and accurate as-built set of the Plans which will be used solely for the purpose of recording changes made in any portion of the original Plans in order to create accurate record drawings at the end of the Project. (A) Duty to Update. The as-built drawings must be updated as changes occur, on a daily basis if necessary. City may withhold the estimated cost for City to have the as-built drawings prepared from payments otherwise due to Contractor, until the as-built drawings are brought up to date to the satisfaction of City. Actual locations to scale must be identified on the as-built drawings for all runs of mechanical and electrical work, including all site utilities installed underground, in walls, floors, or otherwise concealed. Deviations from the original Plans must be shown in detail. The exact location of all main runs, whether piping, conduit, ductwork or drain lines, must be shown by dimension and elevation. The location of all buried pipelines, appurtenances, or other improvements must be represented by coordinates and by the horizontal distance from visible above- ground improvements. (B) Final Completion. Contractor must verify that all changes in the Work are depicted in the as-built drawings and must deliver the complete set of as-built drawings to the Engineer for review and acceptance as a condition precedent to Final Completion and Final Payment. 7.12 Existing Utilities. (A) General. The Work may be performed in developed, urban areas with existing utilities, both above and below ground, including utilities identified in the Contract Documents or in other informational documents or records. Contractor must take due care to locate identified or reasonably identifiable utilities before proceeding with trenching, excavation, or any other activity that could damage or disrupt existing utilities. This may include excavation with small equipment, potholing, or hand excavation, and, if practical, using white paint or other suitable markings to delineate the area to be excavated. Except as otherwise provided herein, Contractor will be responsible for costs resulting from damage to identified or reasonably identifiable utilities due to Contractor’s negligence or failure to comply with the Contract Documents, including the requirements in this Article 7. (B) Unidentified Utilities. Pursuant to Government Code § 4215, if, during the performance of the Work, Contractor discovers utility facilities not identified by City in the Contract Documents, Contractor must immediately provide written notice to City and the utility. City assumes responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the Project site if those utilities are not identified in the Contract Documents. Contractor will be compensated in accordance with the provisions of the Contract Documents for the costs of locating, repairing damage not due to Contractor’s failure to exercise reasonable care, and removing or relocating utility facilities not indicated in the Plans or Specifications with reasonable accuracy, and for equipment on the Project necessarily idled during such work. Contractor will not be assessed liquidated damages for delay in completion of the Work, to the extent the delay was caused by City’s failure to provide for removal or relocation of the utility facilities. 7.13 Notice of Excavation. Contractor must comply with all applicable requirements in Government Code § 4216 et seq., which are incorporated by reference herein. 7.14 Trenching and Excavations of Four Feet or More. As required by Public Contract Code § 7104, if the Work includes digging trenches or other excavations that extend Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 64 deeper than four feet below the surface, the provisions in this Section apply to the Work and the Project. (A) Duty to Notify. Contractor must promptly, and before the following conditions are disturbed, provide written notice to City if Contractor finds any of the following conditions: (1) Material that Contractor believes may be a hazardous waste, as defined in § 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing Laws; (2) Subsurface or latent physical conditions at the Project site differing from those indicated by information about the Project site made available to bidders prior to the deadline for submitting bids; or (3) Unknown physical conditions at the Project site of any unusual nature, materially different from those ordinarily encountered and generally recognized as inherent in work of the character required by the Contract Documents. (B) City Investigation. City will promptly investigate the conditions and if City finds that the conditions materially differ from those indicated, apparent, or reasonably inferred from information about the Project site made available to bidders, or involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, City will issue a Change Order. (C) Disputes. In the event that a dispute arises between City and Contractor regarding any of the conditions specified in subsection (B) above, or the terms of a Change Order issued by City, Contractor will not be excused from completing the Work within the Contract Time, but must proceed with all Work to be performed under the Contract. Contractor will retain any and all rights provided either by the Contract or by Laws which pertain to the resolution of disputes between Contractor and City. 7.15 Trenching of Five Feet or More. As required by Labor Code § 6705, if the Contract Price exceeds $25,000 and the Work includes the excavation of any trench or trenches of five feet or more in depth, a detailed plan must be submitted to City for acceptance in advance of the excavation. The detailed plan must show the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation. If the plan varies from the shoring system standards, it must be prepared by a California registered civil or structural engineer. Use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders is prohibited. 7.16 New Utility Connections. Except as otherwise specified, City will pay connection charges and meter costs for new permanent utilities required by the Contract Documents, if any. Contractor must notify City sufficiently in advance of the time needed to request service from each utility provider so that connections and services are initiated in accordance with the Project schedule. 7.17 Lines and Grades. Contractor is required to use any benchmark provided by the Engineer. Unless otherwise specified in the Contract Documents, Contractor must provide all lines and grades required to execute the Work. Contractor must also provide, preserve, and replace if necessary, all construction stakes required for the Project. All stakes or marks must be set by a California licensed surveyor or a California registered civil engineer. Contractor must notify the Engineer of any discrepancies found between Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 65 Contractor’s staking and grading and information provided by the Contract Documents. Upon completion, all Work must conform to the lines, elevations, and grades shown in the Plans, including any changes directed by a Change Order. 7.18 Historic or Archeological Items. (A) Contractor’s Obligations. Contractor must ensure that all persons performing Work at the Project site are required to immediately notify the Project Manager, upon discovery of any potential historic or archeological items, including historic or prehistoric ruins, a burial ground, archaeological or vertebrate paleontological site, including fossilized footprints or other archeological, paleontological or historical feature on the Project site (collectively, “Historic or Archeological Items”). (B) Discovery; Cessation of Work. Upon discovery of any potential Historic or Archeological Items, Work must be stopped within an 85-foot radius of the find and may not resume until authorized in writing by City. If required by City, Contractor must assist in protecting or recovering the Historic or Archeological Items, with any such assistance to be compensated as Extra Work on a time and materials basis under Article 6, Contract Modification. At City’s discretion, a suspension of Work required due to discovery of Historic or Archeological Items may be treated as Excusable Delay pursuant to Article 5, or as a suspension for convenience under Article 13. 7.19 Environmental Control. Contractor must not pollute any drainage course or its tributary inlets with fuels, oils, bitumens, acids, insecticides, herbicides or other harmful materials. Contractor must prevent the release of any hazardous material or hazardous waste into the soil or groundwater, and prevent the unlawful discharge of pollutants into City’s storm drain system and watercourses as required below. Contractor and its Subcontractors must at all times in the performance of the Work comply with all Laws concerning pollution of waterways. (A) Stormwater Permit. Contractor must comply with all applicable conditions of the State Water Resources Control Board National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction Activity (“Stormwater Permit”). (B) Contractor’s Obligations. If required for the Work, a copy of the Stormwater Permit is on file in City’s principal administrative offices, and Contractor must comply with it without adjustment of the Contract Price or the Contract Time. Contractor must timely and completely submit required reports and monitoring information required by the conditions of the Stormwater Permit. Contractor also must comply with all other Laws governing discharge of stormwater, including applicable municipal stormwater management programs. 7.20 Noise Control. Contractor must comply with all applicable noise control Laws. Noise control requirements apply to all equipment used for the Work or related to the Work, including trucks, transit mixers or transient equipment that may or may not be owned by Contractor. 7.21 Mined Materials. Pursuant to Public Contract Code § 20676, Contractor will not purchase any sand, gravel, or other minerals for the Work from an operation subject to the Surface Mining and Reclamation Act of 1975 (Public Resources Code § 2710 et seq.) unless the Contractor certifies, under penalty of perjury, that the minerals are from a mining operation included on the AB 3098 List, which may be accessed online at: https://www.conservation.ca.gov/smgb/Pages/AB-3098-List.aspx. Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 66 Article 8 - Payment 8.1 Schedule of Values. Prior to submitting its first application for payment, Contractor must prepare and submit to the Project Manager a schedule of values apportioned to the various divisions and phases of the Work, including mobilization and demobilization. If a Bid Schedule was submitted with Contractor’s bid, the amounts in the schedule of values must be consistent with the Bid Schedule. Each line item contained in the schedule of values must be assigned a value such that the total of all items equals the Contract Price. The items must be sufficiently detailed to enable accurate evaluation of the percentage of completion claimed in each application for payment, and the assigned value consistent with any itemized or unit pricing submitted with Contractor’s bid. (A) Measurements for Unit Price Work. Materials and items of Work to be paid for on the basis of unit pricing will be measured according to the methods specified in the Contract Documents. (B) Deleted or Reduced Work. Contractor will not be compensated for Work that City has deleted or reduced in scope, except for any labor, material, or equipment costs for such Work that Contractor reasonably incurred before Contractor learned that the Work could be deleted or reduced. Contractor will only be compensated for those actual, direct and documented costs incurred, and will not be entitled to any mark up for overhead or lost profits. 8.2 Progress Payments. Following the last day of each month, or as otherwise required by the Special Conditions or Specifications, Contractor will submit to the Project Manager for approval, a monthly application for payment for Work performed during the preceding month based on the estimated value of the Work performed during that preceding month. (A) Application for Payment. Application for Payment. Each application for payment for Construction Services must be itemized to include labor, materials, and equipment incorporated into the Work, and materials and equipment delivered to the Project site, as well as authorized and approved Change Orders. Each application for payment for Construction Services must be supported by Contractor’s schedule of values and any other substantiating data required by the Contract Documents. If requested by the Project Manager, each application for payment for Construction Services must also be accompanied by an executed Conditional Waiver and Release Upon Progress Payment, using the form specified in Civil Code § 8132 for each Subcontractor that performed Work during the period covered by that application. The application for payment for Construction Services must also include the monthly report documenting compliance with the Skilled and Trained Workforce requirements pursuant to Public Contract Code § 2602, and as specified in Section 9.6, below. (B) Payment of Undisputed Amounts. 1. City will pay the undisputed amount due, as certified by the Project Manager, within 30 days after Contractor has submitted a complete and accurate payment application, subject to Public Contract Code § 20104.50. City will deduct a percentage from each progress payment as retention, as set forth in Section 8.6, below, and may withhold additional amounts as set forth in Section 8.4, below. 2. If required by the Project Manager, within 45 days after receipt of each payment from City for Construction Services, Contractor must submit an executed Unconditional Waiver and Release Upon Progress Payment, using the form specified in Civil Code § 8134, from each Subcontractor that Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 67 has received a progress payment from Contractor following DBE’s receipt of payment from City. 8.3 Adjustment of Payment Application. City may adjust or reject the amount requested in a payment application, including application for Final Payment, in whole or in part, if the amount requested is disputed or unsubstantiated. Contractor will be notified in writing of the basis for the modification to the amount requested. City may also deduct or withhold from payment otherwise due based upon any of the circumstances and amounts listed below. Sums withheld from payment otherwise due will be released when the basis for that withholding has been remedied and no longer exists. (A) For Contractor’s unexcused failure to perform the Work as required by the Contract Documents, including correction or completion of punch list items, City may withhold or deduct an amount based on the City’s estimated cost to correct or complete the Work. (B) For loss or damage caused by Contractor or its Subcontractors arising out of or relating to performance of the Work or any failure to protect the Project site, City may deduct an amount based on the estimated cost to repair or replace. (C) For Contractor’s failure to pay its Subcontractors and suppliers when payment is due, City may withhold an amount equal to the total of past due payments and may opt to pay that amount separately via joint check pursuant to Section 8.6(B), Joint Checks. (D) For Contractor’s failure to timely correct rejected, nonconforming, or defective Work, City may withhold or deduct an amount based on the City’s estimated cost to correct or complete the Work. (E) For any unreleased stop notice, City may withhold 125% of the amount claimed. (F) For Contractor’s failure to submit any required schedule or schedule update in the manner specified or within the time specified in the Contract Documents, City may withhold an amount equal to five percent of the total amount requested until Contractor complies with its schedule submittal obligations. (G) For Contractor’s failure to maintain or submit as-built documents in the manner specified or within the time specified in the Contract Documents, City may withhold or deduct an amount based on the City’s cost to prepare the as-builts. (H) For Work performed without Shop Drawings that have been accepted by City, when accepted Shop Drawings are required before proceeding with the Work, City may deduct an amount based on the estimated cost to correct unsatisfactory Work or diminution in value. (I) For fines, payments, or penalties assessed under the Labor Code, City may deduct from payments due to Contractor as required by Laws and as directed by the Division of Labor Standards Enforcement. (J) For any other fines, payments, or penalties assessed against the City relating to Contractor’s acts or omissions, including violations of Laws, City may withhold or deduct such amounts from payment otherwise due to Contractor. (K) For any other costs or charges that may be withheld or deducted from payments to Contractor, as provided in the Contract Documents, including liquidated damages, City may withhold or deduct such amounts from payment otherwise due to Contractor. Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 68 8.4 Early Occupancy. Neither City’s payment of progress payments nor its partial or full use or occupancy of the Project constitutes acceptance of any part of the Work. 8.5 Retention. City will retain five percent of the full amount due on each progress payment (i.e., the amount due before any withholding or deductions pursuant to Section 8.3, Adjustment of Payment Application), or the percentage stated in the Notice Inviting Bids, whichever is greater, as retention to ensure full and satisfactory performance of the Work. Contractor is not entitled to any reduction in the rate of withholding at any time, nor to release of any retention before 35 days following City’s recordation of the Notice of Completion, subject to the terms of Public Contract Code § 7107. (A) Substitution of Securities. As provided by Public Contract Code § 22300, Contractor may request in writing that it be allowed, at its sole expense, to substitute securities for the retention withheld by City. Any escrow agreement entered into pursuant to this provision must fully comply with Public Contract Code § 22300 and will be subject to approval as to form by City’s legal counsel. If City exercises its right to draw upon such securities in the event of default pursuant to section (7) of the statutory Escrow Agreement for Security Deposits in Lieu of Retention, pursuant to subdivision (g) of Public Contract Code § 22300 (“Escrow Agreement”), and if Contractor disputes that it is in default, its sole remedy is to comply with the dispute resolution procedures in Article 12 and the provisions therein. It is agreed that for purposes of this paragraph, an event of default includes City’s rights pursuant to these Contract Documents to withhold or deduct sums from retention, including withholding or deduction for liquidated damages, incomplete or defective Work, stop payment notices, or backcharges. It is further agreed that if any individual authorized to give or receive written notice on behalf of a party pursuant to section (10) of the Escrow Agreement are unavailable to give or receive notice on behalf of that party due to separation from employment, retirement, death, or other circumstances, the successor or delegee of the named individual is deemed to be the individual authorized to give or receive notice pursuant to section (10) of the Escrow Agreement. (B) Release of Undisputed Retention. All undisputed retention, less any amounts that may be assessed as liquidated damages, retained for stop notices, or otherwise withheld pursuant to Section 8.3, Adjustment of Payment Application, will be released as Final Payment to Contractor no sooner than 35 days following recordation of the notice of completion, and no later than 60 days following acceptance of the Project by City’s governing body or authorized designee pursuant to Section 11.1(C), Acceptance, or, if the Project has not been accepted, no later than 60 days after the Project is otherwise considered complete pursuant to Public Contract Code § 7107(c). 8.6 Payment to Subcontractors and Suppliers. Each month, Contractor must promptly pay each Subcontractor and supplier the value of the portion of labor, materials, and equipment incorporated into the Work or delivered to the Project site by the Subcontractor or supplier during the preceding month. Such payments must be made in accordance with the requirements of Laws pertaining to such payments, and those of the Contract Documents and applicable subcontract or supplier contract. (A) Withholding for Stop Notice. Pursuant to Civil Code § 9358, City will withhold 125% of the amount claimed by an unreleased stop notice, a portion of which may be retained by City for the costs incurred in handling the stop notice claim, including attorneys’ fees and costs, as authorized by law. (B) Joint Checks. City reserves the right, acting in its sole discretion, to issue joint checks made payable to Contractor and a Subcontractor or supplier, if City determines this is necessary to ensure fair and timely payment for a Subcontractor or supplier who Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 69 has provided services or goods for the Project. As a condition to release of payment by a joint check, the joint check payees may be required to execute a joint check agreement in a form provided or approved by the City Attorney’s Office. The joint check payees will be jointly and severally responsible for the allocation and disbursement of funds paid by joint check. Payment by joint check will not be construed to create a contractual relationship between City and a Subcontractor or supplier of any tier beyond the scope of the joint check agreement. 8.7 Final Payment. Contractor’s application for Final Payment must comply with the requirements for submitting an application for a progress payment as stated in Section 8.2, above. Corrections to previous progress payments, including adjustments to estimated quantities for unit priced items, may be included in the Final Payment. If Contractor fails to submit a timely application for Final Payment, City reserves the right to unilaterally process and issue Final Payment without an application from Contractor in order to close out the Project. For the purposes of determining the deadline for Claim submission pursuant to Article 12, the date of Final Payment is deemed to be the date that City acts to release undisputed retention as final payment to Contractor, or otherwise provides written notice to Contractor of Final Payment or that no undisputed funds remain available for Final Payment due to offsetting withholdings or deductions pursuant to Section 8.3, Adjustment of Payment Application. If the amount due from Contractor to City exceeds the amount of Final Payment, City retains the right to recover the balance from Contractor or its sureties. 8.8 Release of Claims. City may, at any time, require that payment of the undisputed portion of any progress payment or Final Payment be contingent upon Contractor furnishing City with a written waiver and release of all claims against City arising from or related to the portion of Work covered by those undisputed amounts subject to the limitations of Public Contract Code § 7100. Any disputed amounts may be specifically excluded from the release. 8.9 Warranty of Title. Contractor warrants that title to all work, materials, or equipment incorporated into the Work and included in a request for payment will pass over to City free of any claims, liens, or encumbrances upon payment to Contractor. Article 9 - Labor Provisions 9.1 Discrimination Prohibited. Discrimination against any prospective or present employee engaged in the Work on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status is strictly prohibited. Contractor and its Subcontractors are required to comply with all applicable Laws prohibiting discrimination, including the California Fair Employment and Housing Act (Govt. Code § 12900 et seq.), Government Code § 11135, and Labor Code §§ 1735, 1777.5, 1777.6, and 3077.5. 9.2 Labor Code Requirements. (A) Eight Hour Day. Pursuant to Labor Code § 1810, eight hours of labor constitute a legal day’s work under this Contract. (B) Penalty. Pursuant to Labor Code § 1813, Contractor will forfeit to City as a penalty, the sum of $25.00 for each day during which a worker employed by Contractor or any Subcontractor is required or permitted to work more than eight hours in any one calendar day or more than 40 hours per calendar week, except if such workers are paid overtime under Labor Code § 1815. Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 70 (C) Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code § 1777.5, which is fully incorporated by reference. (D) Notices. Pursuant to Labor Code § 1771.4, Contractor is required to post all job site notices prescribed by Laws. 9.3 Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code §§ 1720, 1720.3, or 1720.9, including cleanup at the Project site, must be paid at a rate not less than the prevailing wage as defined in §§ 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City and available online at http://www.dir.ca.gov/dlsr. Contractor must post a copy of the applicable prevailing rates at the Project site. (A) Penalties. Pursuant to Labor Code § 1775, Contractor and any Subcontractor will forfeit to City as a penalty up to $200.00 for each calendar day, or portion thereof, for each worker paid less than the applicable prevailing wage rate. Contractor must also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker. (B) Federal Requirements. If this Project is subject to federal prevailing wage requirements in addition to California prevailing wage requirements, Contractor and its Subcontractors are required to pay the higher of the currently applicable state or federal prevailing wage rates. 9.4 Payroll Records. Contractor must comply with the provisions of Labor Code §§ 1771.4, 1776, and 1812 and all implementing regulations, which are fully incorporated by this reference, including requirements for monthly electronic submission of payroll records to the DIR. (A) Contractor and Subcontractor Obligations. Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) Contractor or the Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project. (B) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code. (C) Enforcement. Upon notice of noncompliance with Labor Code § 1776, Contractor or Subcontractor has ten days in which to comply with the requirements of this section. If Contractor or Subcontractor fails to do so within the ten-day period, Contractor or Subcontractor will forfeit a penalty of $100.00 per day, or portion thereof, for each worker for whom compliance is required, until strict compliance is achieved. Upon Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 71 request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor. 9.5 Labor Compliance. Pursuant to Labor Code § 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the DIR. 9.6 Skilled and Trained Workforce. Contractor and its Subcontractors of every tier must use a Skilled and Trained Workforce, to perform all Work on the Project that falls within an apprenticeable occupation in the building and construction trades. Contractor will submit a report each month to the City demonstrating compliance with this requirement during the previous calendar month. The monthly report on compliance with Skilled and Trained Workforce compliance during the previous calendar month, must be submitted with Contractor’s monthly application for progress payments. Article 10 - Safety Provisions 10.1 Safety Precautions and Programs. Contractor and its Subcontractors are fully responsible for safety precautions and programs, and for the safety of persons and property in the performance of the Work. Contractor and its Subcontractors must at all times comply with all applicable health and safety Laws and seek to avoid injury, loss, or damage to persons or property by taking reasonable steps to protect its employees and other persons at any Worksite, materials and equipment stored on or off site, and property at or adjacent to any Worksite. (A) Reporting Requirements. Contractor must immediately notify the City of any death, serious injury or illness resulting from Work on the Project. Contractor must immediately provide a written report to City of each recordable accident or injury occurring at any Worksite within 24 hours of the occurrence. The written report must include: (1) the name and address of the injured or deceased person; (2) the name and address of each employee of Contractor or of any Subcontractor involved in the incident; (3) a detailed description of the incident, including precise location, time, and names and contact information for known witnesses; and (4) a police or first responder report, if applicable. If Contractor is required to file an accident report with a government agency, Contractor will provide a copy of the report to City. (B) Legal Compliance. Contractor’s safety program must comply with the applicable legal and regulatory requirements. Contractor must provide City with copies of all notices required by Laws. (C) Contractor’s Obligations. Any damage or loss caused by Contractor arising from the Work which is not insured under property insurance must be promptly remedied by Contractor. (D) Remedies. If City determines, in its sole discretion, that any part of the Work or Project site is unsafe, City may, without assuming responsibility for Contractor’s safety program, require Contractor or its Subcontractor to cease performance of the Work or to take corrective measures to City’s satisfaction. If Contractor fails to promptly take the required corrective measures, City may perform them and deduct the cost from the Contract Price. Contractor agrees it is not entitled to submit a Claim for damages, for an increase in Contract Price, or for a change in Contract Time based on Contractor’s compliance with City’s request for corrective measures pursuant to this provision. 10.2 Hazardous Materials. Unless otherwise specified in the Contract Documents, this Contract does not include the removal, handling, or disturbance of any asbestos or other Hazardous Materials. If Contractor encounters materials on the Project site that Contractor reasonably believes to be asbestos or other Hazardous Materials, and the Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 72 asbestos or other Hazardous Materials have not been rendered harmless, Contractor may continue Work in unaffected areas reasonably believed to be safe, but must immediately cease work on the area affected and report the condition to City. No asbestos, asbestos-containing products or other Hazardous Materials may be used in performance of the Work. 10.3 Material Safety. Contractor is solely responsible for complying with § 5194 of Title 8 of the California Code of Regulations, including by providing information to Contractor’s employees about any hazardous chemicals to which they may be exposed in the course of the Work. A hazard communication program and other forms of warning and training about such exposure must be used. Contractor must also maintain Safety Data Sheets (“SDS”) at the Project site, as required by Laws, for materials or substances used or consumed in the performance of the Work. The SDS will be accessible and available to Contractor’s employees, Subcontractors, and City. (A) Contractor Obligations. Contractor is solely responsible for the proper delivery, handling, use, storage, removal, and disposal of all materials brought to the Project site and/or used in the performance of the Work. Contractor must notify the Engineer if a specified product or material cannot be used safely. (B) Labeling. Contractor must ensure proper labeling on any material brought onto the Project site so that any persons working with or in the vicinity of the material may be informed as to the identity of the material, any potential hazards, and requirements for proper handling, protections, and disposal. 10.4 Hazardous Condition. Contractor is solely responsible for determining whether a hazardous condition exists or is created during the course of the Work, involving a risk of bodily harm to any person or risk of damage to any property. If a hazardous condition exists or is created, Contractor must take all precautions necessary to address the condition and ensure that the Work progresses safely under the circumstances. Hazardous conditions may result from, but are not limited to, use of specified materials or equipment, the Work location, the Project site condition, the method of construction, or the way any Work must be performed. 10.5 Emergencies. In an emergency affecting the safety or protection of persons, Work, or property at or adjacent to any Worksite, Contractor must take reasonable and prompt actions to prevent damage, injury, or loss, without prior authorization from the City if, under the circumstances, there is inadequate time to seek prior authorization from the City. Article 11 - Completion and Warranty Provisions 11.1 Final Completion. (A) Final Inspection and Punch List. When the Work required by this Contract is fully performed, Contractor must provide written notification to City requesting final inspection. The Engineer will schedule the date and time for final inspection, which must include Contractor’s primary representative for this Project and its superintendent. Based on that inspection, City will prepare a punch list of any items that are incomplete, missing, defective, incorrectly installed, or otherwise not compliant with the Contract Documents. The punch list to Contractor will specify the time by which all of the punch list items must be completed or corrected. The punch list may include City’s estimated cost to complete each punch list item if Contractor fails to do so within the specified time. The omission of any non-compliant item from a punch list will not relieve Contractor from fulfilling all requirements of the Contract Documents. Contractor’s failure to complete any punch list Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 73 item within the time specified in the punch list will not waive or abridge its warranty obligations for any such items that must be completed by the City or by a third party retained by the City due to Contractor’s failure to timely complete any such outstanding item. (B) Requirements for Final Completion. Final Completion will be achieved upon completion or correction of all punch list items, as verified by City’s further inspection, and upon satisfaction of all other Contract requirements, including any commissioning required under the Contract Documents and submission of all final submittals, including instructions and manuals as required under Section 7.10, and complete, final as-built drawings as required under Section 7.11, all to City’s satisfaction. (C) Acceptance. The Project will be considered accepted upon City Council action during a public meeting to accept the Project, unless the Engineer is authorized to accept the Project, in which case the Project will be considered accepted upon the date of the Engineer’s issuance of a written notice of acceptance. In order to avoid delay of Project close out, the City may elect, acting in its sole discretion, to accept the Project as complete subject to exceptions for punch list items that are not completed within the time specified in the punch list. (D) Final Payment and Release of Retention. Final Payment and release of retention, less any sums withheld pursuant to the provisions of the Contract Documents, will not be made sooner than 35 days after recordation of the notice of completion. If Contractor fails to complete all of the punch list items within the specified time, City may withhold up to 150% of City’s estimated cost to complete each of the remaining items from Final Payment and may use the withheld retention to pay for the costs to self- perform the outstanding items or to retain a third party to complete any such outstanding punch list item. 11.2 Warranty. (A) General. Contractor warrants that all materials and equipment will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. Contractor further warrants that the Work will be free from material defects not intrinsic in the design or materials required in the Contract Documents. Contractor warrants that materials or items incorporated into the Work comply with the requirements and standards in the Contract Documents, including compliance with Laws, and that any Hazardous Materials encountered or used were handled as required by Laws. At City’s request, Contractor must furnish satisfactory evidence of the quality and type of materials and equipment furnished. Contractor’s warranty does not extend to damage caused by normal wear and tear, or improper use or maintenance. (B) Warranty Period. Contractor’s warranty must guarantee its Work for a period of one year from the date of Project acceptance (the “Warranty Period”), except when a longer guarantee is provided by a supplier or manufacturer or is required by the Specifications or Special Conditions. Contractor must obtain from its Subcontractors, suppliers and manufacturers any special or extended warranties required by the Contract Documents. (C) Warranty Documents. As a condition precedent to Final Completion, Contractor must supply City with all warranty and guarantee documents relevant to equipment and materials incorporated into the Work and guaranteed by their suppliers or manufacturers. Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 74 (D) Subcontractors. The warranty obligations in the Contract Documents apply to Work performed by Contractor and its Subcontractors, and Contractor agrees to be co- guarantor of such Work. (E) Contractor’s Obligations. Upon written notice from City to Contractor of any defect in the Work discovered during the Warranty Period, Contractor or its responsible Subcontractor must promptly correct the defective Work at its own cost. Contractor’s obligation to correct defects discovered during the Warranty Period will continue past the expiration of the Warranty Period as to any defects in Work for which Contractor was notified prior to expiration of the Warranty Period. Work performed during the Warranty Period (“Warranty Work”) will be subject to the warranty provisions in this Section 11.2 for a one-year period that begins upon completion of such Warranty Work to City’s satisfaction. (F) City’s Remedies. If Contractor or its responsible Subcontractor fails to correct defective Work within ten days following notice by City, or sooner if required by the circumstances, City may correct the defects to conform with the Contract Documents at Contractor’s sole expense. Contractor must reimburse City for its costs in accordance with subsection (H), below. (G) Emergency Repairs. In cases of emergency where any delay in correcting defective Work could cause harm, loss or damage, City may immediately correct the defects to conform with the Contract Documents at Contractor’s sole expense. Contractor or its surety must reimburse City for its costs in accordance with subsection (H), below. (H) Reimbursement. Contractor must reimburse City for its costs to repair under subsections (F) or (G), above, within 30 days following City’s submission of a demand for payment pursuant to this provision. If City is required to initiate legal action to compel Contractor’s compliance with this provision, and City is the prevailing party in such action, Contractor and its surety are solely responsible for all of City’s attorney’s fees and legal costs expended to enforce Contractor’s warranty obligations herein, in addition to any and all costs City incurs to correct the defective Work. 11.3 Use Prior to Final Completion. City reserves the right to occupy or make use of the Project, or any portions of the Project, prior to Final Completion if City has determined that the Project or portion of it is in a condition suitable for the proposed occupation or use, and that it is in its best interest to occupy or make use of the Project, or any portions of it, prior to Final Completion. (A) Non-Waiver. Occupation or use of the Project, in whole or in part, prior to Final Completion will not operate as acceptance of the Work or any portion of it, nor will it operate as a waiver of any of City’s rights or Contractor’s duties pursuant to these Contract Documents, and will not affect nor bear on the determination of the time of substantial completion with respect to any statute of repose pertaining to the time for filing an action for construction defect. (B) City’s Responsibility. City will be responsible for the cost of maintenance and repairs due to normal wear and tear with respect to those portions of the Project that are being occupied or used before Final Completion. The Contract Price or the Contract Time may be adjusted pursuant to the applicable provisions of these Contract Documents if, and only to the extent that, any occupation or use under this Section actually adds to Contractor’s cost or time to complete the Work within the Contract Time. 11.4 Substantial Completion. For purposes of determining “substantial completion” with respect to any statute of repose pertaining to the time for filing an action for construction defect, “substantial completion” is deemed to mean the last date that Contractor or any Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 75 Subcontractor performs Work on the Project prior to City acceptance of the Project, except for warranty work performed under this Article. Article 12 - Dispute Resolution 12.1 Claims. This Article applies to and provides the exclusive procedures for any Claim arising from or related to the Contract or performance of the Work. (A) Limitations. A Claim may only include the portion of a previously rejected demand that remains in dispute between Contractor and City. With the exception of any dispute regarding the amount of money actually paid to Contractor as Final Payment, Contractor is not entitled to submit a Claim demanding a change in the Contract Time or the Contract Price, which has not previously been submitted to City in full compliance with Article 5 and Article 6, and subsequently rejected in whole or in part by City. (B) Scope of Article. This Article is intended to provide the exclusive procedures for submission and resolution of Claims of any amount and applies in addition to the provisions of Public Contract Code § 9204 and § 20104 et seq., which are incorporated by reference herein. (C) No Work Delay. Notwithstanding the submission of a Claim or any other dispute between the parties related to the Project or the Contract Documents, Contractor must perform the Work and may not delay or cease Work pending resolution of a Claim or other dispute, but must continue to diligently prosecute the performance and timely completion of the Work, including the Work pertaining to the Claim or other dispute. (D) Informal Resolution. Contractor will make a good faith effort to informally resolve a dispute before initiating a Claim, preferably by face-to-face meeting between authorized representatives of Contractor and City. 12.2 Claims Submission. The following requirements apply to any Claim subject to this Article: (A) Substantiation. The Claim must be submitted to City in writing by registered or certified mail with return receipt requested and clearly identified as a “Claim” submitted pursuant to this Article 12. The Claim must include all of the documents necessary to substantiate the Claim including the Change Order request that was rejected in whole or in part, and a copy of City’s written rejection that is in dispute. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Contract Documents, and a chronology of relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all known or estimated labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each component of claimed cost. Any Claim for an extension of time or delay costs must be substantiated with a schedule analysis and narrative depicting and explaining claimed time impacts. (B) Claim Format and Content. A Claim must be submitted in the following format: (1) Provide a cover letter, specifically identifying the submission as a “Claim” submitted under this Article 12 and specifying the requested remedy (e.g., amount of proposed change to Contract Price and/or change to Contract Time). Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 76 (2) Provide a summary of each Claim, including underlying facts and the basis for entitlement, and identify each specific demand at issue, including the specific Change Order request (by number and submittal date), and the date of City's rejection of that demand, in whole or in part. (3) Provide a detailed explanation of each issue in dispute. For multiple issues included within a single Claim or for multiple Claims submitted concurrently, separately number and identify each individual issue or Claim, and include the following for each separate issue or Claim: a. A succinct statement of the matter in dispute, including Contractor’s position and the basis for that position; b. Identify and attach all documents that substantiate the Claim, including relevant provisions of the Contract Documents, RFIs, calculations, and schedule analysis (see subsection (A), Substantiation, above); c. A chronology of relevant events; and d. Analysis and basis for claimed changes to Contract Price, Contract Time, or any other remedy requested. (4) Provide a summary of issues and corresponding claimed damages. If, by the time of the Claim submission deadline (below), the precise amount of the requested change in the Contract Price or Contract Time is not yet known, Contractor must provide a good faith estimate, including the basis for that estimate, and must identify the date by which it is anticipated that the Claim will be updated to provide final amounts. (5) Include the following certification, executed by Contractor’s authorized representative: “The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Claim submittal are true and correct. Contractor warrants that this Claim submittal is comprehensive and complete as to the matters in dispute, and agrees that any costs, expenses, or delay not included herein are deemed waived.” (C) Submission Deadlines. (1) A Claim disputing rejection of a request for a change in the Contract Time or Contract Price must be submitted within 21 days following the date that City notified Contractor in writing that a request for a change in the Contract Time or Contract Price, duly submitted in compliance with Article 5 and Article 6, has been rejected in whole or in part. A Claim disputing the terms of a unilateral Change Order must be submitted within 21 days following the date of issuance of the unilateral Change Order. These Claim deadlines apply even if Contractor cannot yet quantify the total amount of any requested change in the Contract Time or Contract Price. If the Contractor cannot quantify those amounts, it must submit an estimate of the amounts claimed pending final determination of the requested remedy by Contractor. (2) With the exception of any dispute regarding the amount of Final Payment, any Claim must be filed on or before the date of Final Payment or will be deemed waived. Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 77 (3) A Claim disputing the amount of Final Payment must be submitted within 21 days of the effective date of Final Payment, under Section 8.7, Final Payment. (4) Strict compliance with these Claim submission deadlines is necessary to ensure that any dispute may be mitigated as soon as possible, and to facilitate cost-efficient administration of the Project. Any Claim that is not submitted within the specified deadlines will be deemed waived by Contractor. 12.3 City’s Response. City will respond within 45 days of receipt of the Claim with a written statement identifying which portion(s) of the Claim are disputed, unless the 45-day period is extended by mutual agreement of City and Contractor or as otherwise allowed under Public Contract Code § 9204. However, if City determines that the Claim is not adequately substantiated pursuant to Section 12.2(A), Substantiation, City may first request in writing, within 30 days of receipt of the Claim, any additional documentation supporting the Claim or relating to defenses to the Claim that City may have against the Claim. (A) Additional Information. If additional information is thereafter required, it may be requested and provided upon mutual agreement of City and Contractor. If Contractor’s Claim is based on estimated amounts, Contractor has a continuing duty to update its Claim as soon as possible with information on actual amounts in order to facilitate prompt and fair resolution of the Claim. (B) Non-Waiver. Any failure by City to respond within the times specified above will not be construed as acceptance of the Claim, in whole or in part, or as a waiver of any provision of these Contract Documents. 12.4 Meet and Confer. If Contractor disputes City’s written response, or City fails to respond within the specified time, within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the applicable 45-day time period under Section 12.3, respectively, Contractor may notify City of the dispute in writing sent by registered or certified mail, return receipt requested, and demand an informal conference to meet and confer for settlement of the issues in dispute. If Contractor fails to notify City of the dispute and demand an informal conference to meet and confer in writing within the specified time, Contractor’s Claim will be deemed waived. (A) Schedule Meet and Confer. Upon receipt of the demand to meet and confer, City will schedule the meet and confer conference to be held within 30 days, or later if needed to ensure the mutual availability of each of the individuals that each party requires to represent its interests at the meet and confer conference. (B) Location for Meet and Confer. The meet and confer conference will be scheduled at a location at or near City’s principal office. (C) Written Statement After Meet and Confer. Within ten working days after the meet and confer has concluded, City will issue a written statement identifying which portion(s) of the Claim remain in dispute, if any. (D) Submission to Mediation. If the Claim or any portion remains in dispute following the meet and confer conference, within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute, the Contractor may identify in writing disputed portion(s) of the Claim, which will be submitted for mediation, as set forth below. 12.5 Mediation and Government Code Claims. Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 78 (A) Mediation. Within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute following the meet and confer, City and Contractor will mutually agree to a mediator, as provided under Public Contract Code § 9204. Mediation will be scheduled to ensure the mutual availability of the selected mediator and all of the individuals that each party requires to represent its interests. If there are multiple Claims in dispute, the parties may agree to schedule the mediation to address all outstanding Claims at the same time. The parties will share the costs of the mediator and mediation fees equally, but each party is otherwise solely and separately responsible for its own costs to prepare for and participate in the mediation, including costs for its legal counsel or any other consultants. (B) Government Code Claims. (1) Timely presentation of a Government Code Claim is a condition precedent to filing any legal action based on or arising from the Contract. Compliance with the Claim submission requirements in this Article 12 is a condition precedent to filing a Government Code Claim. (2) The time for filing a Government Code Claim will be tolled from the time Contractor submits its written Claim pursuant to Section 12.2, above, until the time that Claim is denied in whole or in part at the conclusion of the meet and confer process, including any period of time used by the meet and confer process. However, if the Claim is submitted to mediation, the time for filing a Government Code Claim will be tolled until conclusion of the mediation, including any continuations, if the Claim is not fully resolved by mutual agreement of the parties during the mediation or any continuation of the mediation. 12.6 Tort Claims. This Article does not apply to tort claims and nothing in this Article is intended nor will be construed to change the time periods for filing tort-based Government Code Claims. 12.7 Arbitration. It is expressly agreed, under Code of Civil Procedure § 1296, that in any arbitration to resolve a dispute relating to this Contract, the arbitrator’s award must be supported by law and substantial evidence. 12.8 Burden of Proof and Limitations. Contractor bears the burden of proving entitlement to and the amount of any claimed damages. Contractor is not entitled to damages calculated on a total cost basis, but must prove actual damages. Contractor is not entitled to speculative, special, or consequential damages, including home office overhead or any form of overhead not directly incurred at the Project site or any other Worksite; lost profits; loss of productivity; lost opportunity to work on other projects; diminished bonding capacity; increased cost of financing for the Project; extended capital costs; non- availability of labor, material or equipment due to delays; or any other indirect loss arising from the Contract. The Eichleay Formula or similar formula will not be used for any recovery under the Contract. The City will not be directly liable to any Subcontractor or supplier. 12.9 Legal Proceedings. In any legal proceeding that involves enforcement of any requirements of the Contract Documents, the finder of fact will receive detailed instructions on the meaning and operation of the Contract Documents, including conditions, limitations of liability, remedies, claim procedures, and other provisions bearing on the defenses and theories of liability. Detailed findings of fact will be requested to verify enforcement of the Contract Documents. All of the City’s remedies under the Contract Documents will be construed as cumulative, and not exclusive, and the City reserves all rights to all remedies available under law or equity as to any dispute arising from or relating to the Contract Documents or performance of the Work. Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 79 12.10 Other Disputes. The procedures in this Article 12 will apply to any and all disputes or legal actions, in addition to Claims, arising from or related to this Contract, including disputes regarding suspension or early termination of the Contract, unless and only to the extent that compliance with a procedural requirement is expressly and specifically waived by City. Nothing in this Article is intended to delay suspension or termination under Article 13. Article 13 - Suspension and Termination 13.1 Suspension for Cause. In addition to all other remedies available to City, if Contractor fails to perform or correct Work in accordance with the Contract Documents, including non-compliance with applicable environmental or health and safety Laws, City may immediately order the Work, or any portion of it, suspended until the circumstances giving rise to the suspension have been eliminated to City’s satisfaction. (A) Notice of Suspension. Upon receipt of City’s written notice to suspend the Work, in whole or in part, except as otherwise specified in the notice of suspension, Contractor and its Subcontractors must promptly stop Work as specified in the notice of suspension; comply with directions for cleaning and securing the Worksite; and protect the completed and in-progress Work and materials. Contractor is solely responsible for any damages or loss resulting from its failure to adequately secure and protect the Project. (B) Resumption of Work. Upon receipt of the City’s written notice to resume the suspended Work, in whole or in part, except as otherwise specified in the notice to resume, Contractor and its Subcontractors must promptly re-mobilize and resume the Work as specified; and within ten days from the date of the notice to resume, Contractor must submit a recovery schedule, prepared in accordance with the Contract Documents, showing how Contractor will complete the Work within the Contract Time. (C) Failure to Comply. Contractor will not be entitled to an increase in the Contract Time or Contract Price for a suspension occasioned by Contractor’s failure to comply with the Contract Documents. (D) No Duty to Suspend. City’s right to suspend the Work will not give rise to a duty to suspend the Work, and City’s failure to suspend the Work will not constitute a defense to Contractor’s failure to comply with the requirements of the Contract Documents. 13.2 Suspension for Convenience. City reserves the right to suspend, delay, or interrupt the performance of the Work in whole or in part, for a period of time determined to be appropriate for City’s convenience. Upon notice by City pursuant to this provision, Contractor must immediately suspend, delay, or interrupt the Work and secure the Project site as directed by City except for taking measures to protect completed or in- progress Work as directed in the suspension notice, and subject to the provisions of Section 13.1(A) and (B), above. If Contractor submits a timely request for a Change Order in compliance with Articles 5 and 6, the Contract Price and the Contract Time will be equitably adjusted by Change Order pursuant to the terms of Articles 5 and 6 to reflect the cost and delay impact occasioned by such suspension for convenience, except to the extent that any such impacts were caused by Contractor’s failure to comply with the Contract Documents or the terms of the suspension notice or notice to resume. However, the Contract Time will only be extended if the suspension causes or will cause unavoidable delay in Final Completion. If Contractor disputes the terms of a Change Order issued for such equitable adjustment due to suspension for convenience, its sole recourse is to comply with the Claim procedures in Article 12. Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 80 13.3 Termination for Default. City may declare that Contractor is in default of the Contract for a material breach of or inability to fully, promptly, or satisfactorily perform its obligations under the Contract. (A) Default. Events giving rise to a declaration of default include Contractor’s refusal or failure to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; Contractor’s refusal or failure to make prompt payment to its employees, Subcontractors, or suppliers or to correct defective Work or damage; Contractor’s failure to comply with Laws, or orders of any public agency with jurisdiction over the Project; evidence of Contractor’s bankruptcy, insolvency, or lack of financial capacity to complete the Work as required within the Contract Time; suspension, revocation, or expiration and nonrenewal of Contractor’s license or DIR registration; dissolution, liquidation, reorganization, or other major change in Contractor’s organization, ownership, structure, or existence as a business entity; unauthorized assignment of Contractor’s rights or duties under the Contract; or any material breach of the Contract requirements. (B) Notice of Default and Opportunity to Cure. Upon City’s declaration that Contractor is in default due to a material breach of the Contract Documents, if City determines that the default is curable, City will afford Contractor the opportunity to cure the default within ten days of City’s notice of default, or within a period of time reasonably necessary for such cure, including a shorter period of time if applicable. (C) Termination. If Contractor fails to cure the default or fails to expediently take steps reasonably calculated to cure the default within the time period specified in the notice of default, City may issue written notice to Contractor and its performance bond surety of City’s termination of the Contract for default. (D) Waiver. Time being of the essence in the performance of the Work, if Contractor’s surety fails to arrange for completion of the Work in accordance with the Performance Bond within seven calendar days from the date of the notice of termination pursuant to paragraph (C), City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other means that City determines advisable under the circumstances. Contractor and its surety will be jointly and severally liable for any additional cost incurred by City to complete the Work following termination, where “additional cost” means all cost in excess of the cost City would have incurred if Contractor had timely completed Work without the default and termination. In addition, City will have the right to immediate possession and use of any materials, supplies, and equipment procured for the Project and located at the Project site or any Worksite on City property for the purposes of completing the remaining Work. (E) Compensation. Within 30 days of receipt of updated as-builts, all warranties, manuals, instructions, or other required documents for Work installed to date, and delivery to City of all equipment and materials for the Project for which Contractor has already been compensated, Contractor will be compensated for the Work satisfactorily performed in compliance with the Contract Documents up to the effective date of the termination pursuant to the terms of Article 8, Payment, subject to City’s rights to withhold or deduct sums from payment otherwise due pursuant to Section 8.3, and excluding any costs Contractor incurs as a result of the termination, including any cancellation or restocking charges or fees due to third parties. If Contractor disputes the amount of compensation determined by City, its sole recourse is to comply with the Claim Procedures in Article 12, by submitting a Claim no later than 30 days following notice from City of the total compensation to be paid by City. Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 81 (F) Wrongful Termination. If Contractor disputes the termination, its sole recourse is to comply with the Claim procedures in Article 12. If a court of competent jurisdiction or an arbitrator later determines that the termination for default was wrongful, the termination will be deemed to be a termination for convenience, and Contractor’s damages will be strictly limited to the compensation provided for termination for convenience under Section 13.4, below. Contractor waives any claim for any other damages for wrongful termination including special or consequential damages, lost opportunity costs, or lost profits, and any award of damages is subject to Section 12.8, Burden of Proof and Limitations. 13.4 Termination for Convenience. City reserves the right, acting in its sole discretion, to terminate all or part of the Contract for convenience upon written notice to Contractor. (A) Compensation to Contractor. In the event of City’s termination for convenience, Contractor waives any claim for damages, including for loss of anticipated profits from the Project. The following will constitute full and fair compensation to Contractor, and Contractor will not be entitled to any additional claim or compensation: (1) Completed Work. The value of its Work satisfactorily performed as of the date notice of termination is received, based on Contractor’s schedule of values and unpaid costs for items delivered to the Project site that were fabricated for incorporation in the Work; (2) Demobilization. Demobilization costs specified in the schedule of values, or if demobilization costs were not provided in a schedule of values pursuant to Section 8.1, then based on actual, reasonable, and fully documented demobilization costs; and (3) Termination Markup. Five percent of the total value of the Work performed as of the date of notice of termination, including reasonable, actual, and documented costs to comply with the direction in the notice of termination for convenience, and demobilization costs, which is deemed to cover all overhead and profit to date. (B) Disputes. If Contractor disputes the amount of compensation determined by City pursuant to paragraph (A), above, its sole recourse is to comply with the Claim procedures in Article 12, by submitting a Claim no later than 30 days following notice from City of total compensation to be paid by City. 13.5 Actions Upon Termination for Default or Convenience. The following provisions apply to any termination under this Article, whether for default or convenience, and whether in whole or in part. (A) General. Upon termination, City may immediately enter upon and take possession of the Project and the Work and all tools, equipment, appliances, materials, and supplies procured or fabricated for the Project. Contractor will transfer title to and deliver all completed Work and all Work in progress to City. (B) Submittals. Unless otherwise specified in the notice of termination, Contractor must immediately submit to City all designs, drawings, as-built drawings, Project records, contracts with vendors and Subcontractors, manufacturer warranties, manuals, and other such submittals or Work-related documents required under the terms of the Contract Documents, including incomplete documents or drafts. (C) Close Out Requirements. Except as otherwise specified in the notice of termination, Contractor must comply with all of the following: Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 82 (1) Immediately stop the Work, except for any Work that must be completed pursuant to the notice of termination and comply with City’s instructions for cessation of labor and securing the Project and any other Worksite(s). (2) Comply with City’s instructions to protect the completed Work and materials, using best efforts to minimize further costs. (3) Contractor must not place further orders or enter into new subcontracts for materials, equipment, services or facilities, except as may be necessary to complete any portion of the Work that is not terminated. (4) As directed in the notice, Contractor must assign to City or cancel existing subcontracts that relate to performance of the terminated Work, subject to any prior rights, if any, of the surety for Contractor’s performance bond, and settle all outstanding liabilities and claims, subject to City’s approval. (5) As directed in the notice, Contractor must use its best efforts to sell any materials, supplies, or equipment intended solely for the terminated Work in a manner and at market rate prices acceptable to City. (D) Payment Upon Termination. Upon completion of all termination obligations, as specified herein and in the notice of termination, Contractor will submit its request for Final Payment, including any amounts due following termination pursuant to this Article 13. Payment will be made in accordance with the provisions of Article 8, based on the portion of the Work satisfactorily completed, including the close out requirements, and consistent with the previously submitted schedule of values and unit pricing, including demobilization costs. Adjustments to Final Payment may include deductions for the cost of materials, supplies, or equipment retained by Contractor; payments received for sale of any such materials, supplies, or equipment, less re-stocking fees charged; and as otherwise specified in Section 8.3, Adjustment of Payment Application. (E) Continuing Obligations. Regardless of any Contract termination, Contractor’s obligations for portions of the Work already performed will continue and the provisions of the Contract Documents will remain in effect as to any claim, indemnity obligation, warranties, guarantees, submittals of as-built drawings, instructions, or manuals, record maintenance, or other such rights and obligations arising prior to the termination date. Article 14 - Miscellaneous Provisions 14.1 Assignment of Unfair Business Practice Claims. Under Public Contract Code § 7103.5, Contractor and its Subcontractors agree to assign to City all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or any subcontract. This assignment will be effective at the time City tenders Final Payment to Contractor, without further acknowledgement by the parties. 14.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the Contract Documents is deemed to be inserted, and the Contract Documents will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract Documents will be deemed amended accordingly. Senior Center Fire Alarm System Replacement Project GENERAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 83 14.3 Waiver. City’s waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of the Contract Documents will not be effective unless it is in writing and signed by City. City’s waiver of any breach, failure, right, or remedy will not be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless specified in writing by City. 14.4 Titles, Headings, and Groupings. The titles and headings used and the groupings of provisions in the Contract Documents are for convenience only and may not be used in the construction or interpretation of the Contract Documents or relied upon for any other purpose. 14.5 Statutory and Regulatory References. With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that bids were due. 14.6 Survival. The provisions that survive termination or expiration of this Contract include Contract Section 11, Notice, and subsections 12.1, 12.2, 12.3, 12.4, 12.5, and 12.6 of Section 12, General Provisions; and the following provisions in these General Conditions: Section 2.2(J), Contractor’s Records, Section 2.3(C), Termination, Section 3.7, Ownership, Section 4.2, Indemnity, Article 12, Dispute Resolution, and Section 11.2, Warranty. END OF GENERAL CONDITIONS Senior Center Fire Alarm Replacement Project SPECIAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 84 Special Conditions 1. Construction and Demolition Debris Management Plan. A completed construction and demolition (C&D) Debris Management Plan must be submitted using the City’s Green Halo on-line application. All debris disposal and recycling from the construction project must be tracked throughout the duration of the project. The contractor must use Green Halo cupertino.wastetracking.com to create their Plan and to submit all construction waste generation tonnage information. No additional compensation will be paid for implementation of the Debris Management Plan and failure to meet all plan requirements may result in work stoppage, fines, and/or backcharges. For additional information, visit www.cupertino.gov/greendev 2. Authorized Work Days and Hours. 2.1 Authorized Work Days. Except as expressly authorized in writing by City, Contractor is limited to performing Work on the Project on the following days of the week, excluding holidays observed by City: Monday to Friday. 2.2 Authorized Work Hours. Except as expressly authorized in writing by City, Contractor is limited to performing Work on the Project between 7:00 a.m. to 4:00 p.m., Monday through Friday (excluding City observed holidays). Any request for work outside of these hours must be submitted in writing and approved in advance by the City’s Team two working days in advance. Equipment and material may arrive no earlier than 6:00 a.m. to the site. 3. Construction Manager Role and Authority. The City will retain a Construction Manager for this Project. The Construction Manager will assist City in the management of the construction of the Project. The Construction Manager may perform services in the areas of supervision and coordination of the work of Contractor and/or other contractors, scheduling the Work, monitoring the progress of the Work, providing City with evaluations and recommendations concerning the quality of the Work, recommending the approval of progress payments to Contractor, or other services for the Project in accordance with the Construction Manager’s contract with City. 3.1 Communications. Contractor must submit all notices and communications relating to the Work directly to the Construction Manager in writing, 3.2 On-Site Management and Communication Procedures. The Construction Manager will provide and maintain a management team on the Project site to provide contract administration as an agent of City and will establish and implement coordination and communication procedures among City, the Design Professional, Contractor, and others. 3.3 Contract Administration Procedures. The Construction Manager will establish and implement procedures for reviewing and processing requests for clarifications and interpretations of the Contract Documents, Shop Drawings, samples, other submittals, schedule adjustments, Change Order proposals, written proposals for substitutions, payment applications, and maintenance of logs. Senior Center Fire Alarm Replacement Project SPECIAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 85 3.4 Pre-Construction Conference. Contractor will attend the pre-construction conference, during which the Construction Manager will review the Contract administration procedures and Project requirements. 3.5 Contractor’s Construction Schedule. The Construction Manager will review Contractor’s construction schedules and will verify that each schedule is prepared in accordance with the requirements of the Contract Documents. 4. Federally-funded Projects. This Project is funded in whole or in part by federal funds and subject to the following federal requirements under the terms of the funding agreement(s) between City and the federal agency or agencies providing federal funds, which are fully incorporated by this reference and made part of the Contract Documents. Copies of any funding agreement between City and a funding agency will be made available upon request. 4.1 Minority Owned Business/Women Owned Business and Section 3 Certfications and Affirmative Marketing Plan. Appendix A includes the forms and instructions for this requirement. 4.2 Equal Opportunity. During the performance of this Contract, the Contractor agrees as follows: (A) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action will include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (B) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (C) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision will not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor’s legal duty to furnish information. Senior Center Fire Alarm Replacement Project SPECIAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 86 (D) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers’ representatives of the Contractor’s commitments under this Section and will post copies of the notice in conspicuous places available to employees and applicants for employment. (E) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the United States Secretary of Labor. (F) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the United States Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the administering agency and the United States Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (G) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Contract or with any of the rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further federal government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the United States Secretary of Labor, or as otherwise provided by law. (H) The Contractor will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (H) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the United States Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the City or funding agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or vendor as a result of such direction by the City or funding agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 4.3 Davis-Bacon Act. Contractor must comply with the Davis-Bacon Act (40 U.S.C. § 3141 et seq.) and the requirements of 29 CFR Part 5 as may be applicable, including the provisions in 29 CFR § 5.5(a), which are attached hereto and incorporated herein by reference. Contractor will pay wages to laborers and mechanics, not less than once a week, and at a rate not less than the current federal prevailing wages specified in the Davis-Bacon Act Wage Determination attached hereto and incorporated herein. By entering into this Contract, Contractor accepts the current Wage Determinations for this district. Contractor and Subcontractors must insert the requirements in 29 CFR § 5.5(a) in full into subcontracts of any tier. Wage Determination updates can be found at: https://sam.gov/content/wage-determinations. Senior Center Fire Alarm Replacement Project SPECIAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 87 4.4 Copeland “Anti-Kickback” Act. Contractor will comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 CFR Part 3 as may be applicable, which are incorporated by reference into this Contract. Contractor and Subcontractors must insert this requirement into subcontracts of any tier. Contractor is responsible for compliance with these requirements by each Subcontractor of any tier. 4.5 Contract Work Hours and Safety Standards Act. In addition to the California state law requirements in Article 9 of the General Conditions, Contractor and each Subcontractor must comply with the requirements of the federal Contract Work Hours and Safety Standards Act (“CWHSSA”), as set forth in 40 U.S.C. §§ 3701-3708, as supplemented by the regulations set forth in 29 CFR Part 5, including 29 CFR § 5.5(b), as may be amended from time to time, which are fully incorporated herein, including: (A) Overtime Requirements. No Contractor or Subcontractor contracting for any part of the Work which may require or involve the employment of laborers or mechanics will require or permit any such laborer or mechanic in any workweek in which he or she is employed on such Work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (B) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in (A), above, the Contractor and any Subcontractor responsible therefor will be liable for the unpaid wages and interest from the date of the underpayment. In addition, such Contractor and Subcontractor will be liable to the United States for liquidated damages. The liquidated damages will be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in (A) of this Section, in the sum of $32 (or as otherwise set forth in 29 CFR § 5.5(b)) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in (A) of this Section. (C) Withholding for Unpaid Wages and Liquidated Damages. (1) Withhold Process. The City may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the Contractor or any Subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this Section, any other Federal contract with the same Contractor, or any other federally assisted contract subject to the CWHSSA that is held by the same Contractor (as defined in 29 CFR § 5.2). The necessary funds may be withheld from the Contractor under this Contract, any other Federal contract with the same Contractor, or any other federally assisted contract that is subject to the CWHSSA and is held by the same Contractor, regardless of whether the other contract was awarded or Senior Center Fire Alarm Replacement Project SPECIAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 88 assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. (2) Priority to Withheld Funds. The Department of Labor has priority to funds withheld or to be withheld in accordance with 29 CFR § 5.5(a)(2)(i) or 29 CFR § 5.5(b)(3)(i), or both, over claims to those funds by: (a) a contractor's sureties, including without limitation performance bond sureties and payment bond sureties; (b) a contracting agency for its re- procurement costs; (c) a trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (d) a contractor's assignee(s); (e) a contractor's successor(s); or (f) a claim asserted under the Prompt Payment Act (31 U.S.C. §§ 3901–3907). (D) Subcontracts. Contractor and Subcontractors must insert in any subcontracts the clauses set forth in this Section and a clause requiring Subcontractors to include these clauses in any lower tier subcontracts. Contractor is responsible for compliance by any Subcontractor or lower tier Subcontractor with the clauses set forth in this Section. In the event of any violations of these clauses, the Contractor and any Subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier Subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. (E) Anti-Retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: (1) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the CWHSSA or its implementing regulations in 29 CFR Part 5; (2) Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or 29 CFR Part 5; (3) Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or 29 CFR Part 5; or (4) Informing any other person about their rights under CWHSSA or 29 CFR Part 5. (F) CWHSSA Required Records. To the extent that the Contract is subject only to the CWHSSA and not to any of the other Laws referenced in 29 CFR § 5.1, Contractor and its Subcontractors must maintain regular payrolls and other basic records during the course of the Work and must preserve them for a period of three years after all the Work on the Contract is completed for all laborers and mechanics, including guards and watchpersons, working on the Contract. Such records must contain the name; last known address, telephone number, and Senior Center Fire Alarm Replacement Project SPECIAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 89 email address; and social security number of each such worker; each worker's correct classification(s) of Work actually performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made; and actual wages paid. The records must be made available by the Contractor or Subcontractor for inspection, copying, or transcription by authorized representatives of the City and the Department of Labor, and the Contractor or Subcontractor will permit such representatives to interview workers during working hours on the job. 4.6 Rights to Inventions. If the federal funding for this Contract meets the definition of “funding agreement” under 37 CFR § 401.2(a) and constitutes an agreement between the City and a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency, will apply to this Contract and are fully incorporated into the Contract Documents by this reference. 4.7 Clean Air Act. If the Contract is for an amount in excess of $150,000, Contractor and each Subcontractor must comply with the requirements of the Clean Air Act, as amended (42 U.S.C. §§ 7401-7671q), and all applicable standards, orders, and regulations issued pursuant thereto, which are fully incorporated into the Contract Documents by this reference, including requirements for reporting violations to the City, federal awarding agency, and the applicable Regional Office for the Environmental Protection Agency. Contractor and Subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000. 4.8 Federal Water Pollution Control Act. If the Contract is for an amount in excess of $150,000, Contractor and each Subcontractor must comply with the requirements of the Federal Water Pollution Control Act (33 U.S.C. §§ 1251- 1387), and all applicable standards, orders, and regulations issued pursuant thereto, which are fully incorporated into the Contract Documents by this reference, including requirements for reporting violations to the City, federal awarding agency, and the applicable Regional Office for the Environmental Protection Agency. Contractor and Subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000. 4.9 Suspension and Debarment. This Contract is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000. Contractor is required to verify that none of its principals, as defined at 2 CFR § 180.995, or its affiliates, as defined at 2 CFR § 180.905, are excluded or disqualified, as defined at 2 CFR §§ 180.935 and 180.940. Contractor must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, and must include a provision requiring compliance with these regulations in any subcontract of any tier. If it is later determined that the Contractor did not comply with the applicable subparts, in addition to remedies available to City, the federal government may pursue available remedies, including, but not limited to, suspension and/or debarment. By submitting a bid and entering into this Contract, Contractor agrees to comply with these requirements. 5.0 Byrd Anti-Lobbying Amendment. If the Contract is for an amount in excess of $100,000, Contractor must comply with the Byrd Anti-Lobbying Amendment (31 Senior Center Fire Alarm Replacement Project SPECIAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 90 U.S.C. § 1352) and file the certification provided at 44 CFR Part 18, Appendix A, and any disclosures, with the City. Each tier certifies to the tier above that it will not and has not used federal-appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier will also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures will be forwarded from tier to tier up to the recipient who in turn will forward the disclosure(s) to the federal awarding agency. 5.1 Procurement of Recovered Materials. The requirements of § 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 at 42 U.S.C. § 6962, apply to this Contract and are fully incorporated into the Contract Documents by this reference. For individual purchases of $10,000 or more, Contractor will make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (A) competitively within the Contract schedule, (B) in conformance with Contract performance requirements, or (C) at a reasonable price. Information on this requirement, including a list of EPA-designated items, is available at the EPA’s Comprehensive Procurement Guidelines website: https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. 5.2 Prohibition on Covered Telecommunications. Federal loan or grant funds must not be obligated or expended to procure or obtain covered telecommunications equipment or services, extend or renew a contract to procure or obtain covered telecommunications equipment or services, or enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications equipment or services, as further specified in 2 CFR § 200.216, which is fully incorporated into the Contract Documents by this reference. “Covered telecommunications equipment or services” means any of the following: telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); telecommunications or video surveillance services provided by such entities or using such equipment; or telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. The term “covered telecommunications equipment or services” also includes systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractor will include this provision in all subcontracts or purchase orders in connection with the Work. 5.3 Domestic Preferences for Procurements. The City should, to the greatest extent practicable and consistent with Laws, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, as further specified in 2 CFR § 200.322, which is fully incorporated into the Contract Documents by this reference, including, but not limited to, iron, aluminum, steel, cement, and other manufactured products, as specified therein. Senior Center Fire Alarm Replacement Project SPECIAL CONDITIONS CIP #2019-02, NWS# BAI 001 Page 91 The requirements of 2 CFR § 200.322 must be included in all subcontracts and purchase orders for Work or products under the federal award. Consult the federal funding agency representative for additional requirements pertaining to domestic preferences under the Build America, Buy America Act, if applicable, and incorporate the federal agency-specific requirements, as appropriate. END OF SPECIAL CONDITIONS SECTION 011100 SUMMARY PART 1 – GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Special Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 WORK CONVERED BY CONTRACT DOCUMENTS A.Project Identification: a.Project Location: Cupertino Senior Center, 21251 Stevens Creek Blvd. Cupertino, CA 95014 b.Owner: City of Cupertino B.Engineers Identification: Holmes US, 235 Montgomery Street, Suite 1250, San Francisco, CA 94104 C.The work includes the installation of the following: a. Project consists of the replacement of the existing fire alarm system of the building as it is past the end of its useful life and the main building Fire Alarm Control Panel is no longer serviceable. The intent is to replace the existing Notifier AFP-400 Fire Alarm Control Panel and provide a one-for-one replacement of all detection, notification, control equipment and wiring. The result will be an addressable, completely supervised, intelligent, digital voice fire alarm system throughout the building. To the greatest extent possible, the existing fire alarm system infrastructure, including cabling (if found to be in acceptable condition) shall be re-used throughout the building. Provide a new amplifier as part of the new fire alarm control panel, new visual and audible voice notification appliances, duct detectors, smoke detectors, manual pull stations, and other initiating and control modules for a fully operational system, meeting the requirements of the applicable codes and standards. Patch and repair any finishes disturbed as a result of fire alarm installation and removal work. Provide new cellular digital alarm communication transmitter. b. Sequencing: Coordinate work to ensure that a working fire alarm system is provided within the building at all times, unless approval is provided by the city when there is no public occupancy in the building. c.Contractor to provide a turnkey fire alarm system that includes design, permitting and construction and all necessary work as noted in the Contract Specifications. Once installed, the fire alarm system shall be fully functioning. d.Contractor to provide draft documentation to the City project manager, and Holmes US for review and approval prior to submittal of permit application. e. Contractor shall coordinate with the County of Santa Clara Health Department to inspect the work related to the Ansul system. f. Submittals: Contractor is responsible for providing and submitting all shop drawings, calculations and product data as required by Section 283111.1.4 in order to obtain permit approval from Santa Clara County Fire Department. Contractor shall furnish and install appliances and system per shop drawings to ensure a fully code compliant fire alarm system per NFPA 72. Contractor is responsible for obtaining final approval of system from Santa Clara County Fire Department. Contractor shall provide all final documentation as required by Section 283111.1.6 including as-built drawings and maintenance documentation. 1.3 WORK SEQUENCE A. Phasing: The building will remain open to the public during the course of the project. Contractor is required to submit a phasing plan for opening/closing of specific areas as needed and this will be required to be approved by the City or City’s Representative. The building is generally open to the public 8am- 5pm Monday – Friday with events occurring on the weekends. 1.4 CONTRACTOR USE OF PREMISES A. City will occupy premises during entire period of construction, state of construction. Cooperate with City and Engineer to minimize conflict and facilitate City’s operations. B. The buildings will remain open and operational to the extent possible during the entire duration of construction. It is crucial for contractor to coordinate work with occupants to allow access to certain areas and provide adequate safety measures to block off work areas. C. Demolition shall be conducted in a manner that maintains traffic flow on the adjacent streets as well as on the jobsite. The Contractor is responsible for alleviation or prevention of dust nuisance arising from the work on this project by use of water or dust palliatives or other most effective Best Management Practices, and as required by the Project Manager. D. The site shall be maintained in a safe condition at all times and left at the end of the work free of garbage and demolition debris. 1.5 PERMITS REQUIRED A. Permits: Prior to performing any construction work, the Contractor shall obtain all permits required for the performance of the Work. The Contractor shall coordinate with the City’s Building Department and Santa Clara County Fire to obtain approval for the design. All cost for submittal, revision, resubmittal and coordination shall be included in the Work, no additional compensation will be provided to the Contractor. The City shall pay for all permit fees. 1.6 BID SUBMITTAL AND OPENING A. The City will receive sealed bids until the bid end time and end date. The City will consider bids prepared in compliance with the Instructions to Bidders issued by The City. 1.7 BIDDER'S QUALIFICATIONS A. Bidders must be properly licensed under the laws governing their respective trades and be able to obtain insurance and bonds required for the Work. A Performance Bond, Payment Bond, City’s business license and Insurance in a form acceptable to the City will be required of the successful bidder. PART 2 – PRODUCTS A. Project Documentation: refer to 283111, including but not limited to Section 1.4 Action Submittals, and Section 1.6 Closeout Submittals, for required submittals and documentation. B. CAD files: Contractor to submit final CAD and Revit files (if applicable) of drawings and other documentation created for the project to the City prior to Notice of Completion. C. Record Documents: Contractor to submit two hard copies and one electronic PDF file of all final as-built drawings (see 283111 Section 1.6 Closeout Submittals) at the end of the project, and all equipment manuals and warranties. PART 3 – EXECUTION (Not Used) END OF SECTION 011100 SECTION 011400 WORK RESTRICTIONS PART 1 – GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Special Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 USE OF PREMISES A.Use of Site: Limit use of premises to work in areas indicated. Do not disturb portions of site beyond areas in which the Work is indicated. a.Limits: Confine construction operations to the City of Cupertino Senior Center facility. No work outside of the road right of way is permitted. b. Coordination: A detailed construction logistics and phasing plan will be required at the start of construction, and this plan will be reviewed on a bi-weekly basis to facilitate efficient execution of work. B.Noise: Contractor shall not perform work in excess of 65 dBA outside of allowable work hours. a.Limits: Allowable work hours are defined as 8:00 AM to 5:00 PM, Monday through Friday. No work with excessive noise shall be permitted on Saturday or Sunday. Contractor shall seek Owner’s approval prior to working on Saturday or Sunday. b.Noise determined by measured value by a sound meter at a distance of 20 feet from the work being performed. c.Fire alarm testing shall be coordinated with Owner and shall occur outside of allowable work hours unless otherwise coordinated. PART 2 – PRODUCTS (Not Used) PART 3 – EXECUTION (Not Used) END OF SECTION 011400 SECTION 017300 EXECUTION PART 1 – GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Special Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A.Section includes general administrative and procedural requirements governing execution of the Work, including, but not limited to, the following: a.Construction layout. b. Field engineering and surveying. c.Installation of the Work. d.Progress cleaning. e.Starting and adjusting. f.Protection of installed construction. B.Related Requirements. a.Section 011000 “Summary” for coordination of and limits on use of Project site. b. Section 024119 “Selective Demolition: for demolition and removal of selected portions of the building. 1.3 DEFINITION A.Cutting: Removal of in-place construction necessary to permit installation or performance of subsequent work. B.Patching: Fitting and repair work required to restore construction to original conditions after installation of subsequent work. 1.4 PREINSTALLATION MEETINGS A.Conduct preconstruction conference at Project site prior to commencing any work. a.Prior to commencing work, review existing conditions and extent of work and examine procedures for ensuring satisfactory result. Require representatives of each entity directly concerned with selective demolition, cutting and patching to attend, including the following: i.Contractor’s superintendent. ii.Trade supervisor responsible for selective demolition operations. iii. City’s Representative. iv. Engineer. b.Review areas of potential interference and conflict. Coordinate procedures and resolve potential conflicts before proceeding. 1.5 INFORMATIONAL SUBMITTALS A. Qualification Data: Submit contractor’s qualifications, including staff who will be working on project. B. License: Submit a copy of State of California license to engage in the business of installing fire alarm systems in the State of California. 1.6 QUALITY ASSURANCE A. Fire Alarm System Qualifications: A professional fire alarm system installer who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing fire alarm system installation services of the kind indicated. B. Manufacturer’s Installation Instructions: Obtain and maintain on-site manufacturer’s written recommendations and instructions for installation of specified products and equipment. PART 2 – EXECUTION 2.1 EXAMINATION A. Existing Conditions: The existence and location of other utilities are not guaranteed. Before beginning sitework, Contractor shall investigate and verify the existence and location of utilities, mechanical and electrical systems affecting the Work. B. Examination and Acceptance of Conditions: Before proceeding with each component of the Work, examine substrates, areas throughout the building, with installer present, for compliance with requirement for installation tolerances and other conditions affecting performance. Record observations. 1. Examine roughing-in for mechanical and electrical systems to verify actual locations of connections before equipment and fixture installation. 2. Examine walls, floors, and ceilings for suitable conditions where products and systems are to be installed. 3. Verify compatibility with and suitability of substrates, including compatibility with existing finishes or primers. C. Proceed with installation only after unsatisfactory conditions have been corrected. Proceeding with the Work indicates acceptance of surfaces and conditions. 2.2 PREPARATION A. Field Measurements: Take field measurements as required to fit the Work properly. Recheck measurements before installing each product. Where portions of the Work are indicated to fit to other construction, verify dimensions of other construction by field measurements before fabrication. Coordinate fabrication schedule with construction progress to avoid delaying the Work. 2.3 FIELD ENGINEERING A. Contractor shall notify the Engineer of any condition that deviates from the contract documents and the Engineer shall have 2 business days to provide a written directive. 2.4 INSTALLATION A. Locate the Work and components of the Work accurately, in correct alignment and elevation, as indicated. 1. Make vertical work plumb and make horizontal work level. 2. Where space is limited, install components to maximize space available for maintenance and ease of removal for replacement. B. Comply with manufacturer’s written instructions and recommendations for installing products in applications indicated. C. Install products at the time and under conditions that will ensure satisfactory results as judged by the Engineer. Maintain conditions required for product performance until Substantial Completion. D. Conduct construction operations, so no part of the Work is subjected to damaging operations in excess of that expected during normal conditions of occupancy of type expected for Project. F. Tools and Equipment: Select tools or equipment that minimize production of excessive noise levels. G. Repair or remove and replace damaged, defective, or non-confirming Work. 2.5 PROGRESS CLEANING A. Clean Project site and work areas daily, including common areas. Enforce requirements strictly. Dispose of materials lawfully. B. Site: Maintain Project site free of waste materials and debris. C. Work Areas: Clean areas where Work is in progress to the level of cleanliness necessary for proper execution of the Work. 1. Where dust would impair proper execution of the Work, broom-clean or vacuum the entire work area, as appropriate. D. Installed Work: Keep installed work clean. Clean installed surfaces according to written instructions of manufacturer of product installed, using only cleaning materials specifically recommended. If specific cleaning materials area not recommended, use cleaning materials that are not hazardous to health or property and that will not damage exposed surfaces. 2.6 PROTECTION AND REPAIR OF INSTALLED CONSTRUCTION A. Provide final protection and maintain conditions to ensure that installed Work is without damage or deterioration at time of Substantial Completion. B. Repair Work previously completed and subsequently damaged during construction period. Repair to like-new condition. C. Protection of Existing Items: Provide protection and ensure that existing items to remain undisturbed by construction are maintained in condition that existed at commencement of the Work. END OF SECTION 017300 SECTION 024119 - SELECTIVE DEMOLITION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Special Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A.Section Includes: 1.Demolition and removal of all fire alarm devices. 2.Demolition and removal fire alarm control panel. B.Related Requirements: 1.Section 011000 "Summary" for restrictions on use of the premises, Owner-occupancy requirements, and phasing requirements. 2. Section 017300 "Execution" for cutting, patching and rubbish disposal procedures. 1.3 DEFINITIONS A.Remove: Detach items from construction and dispose of them off-site unless indicated to be salvaged or reinstalled. B.Remove and Salvage: Detach items from construction, in a manner to prevent damage, and deliver to Owner. C.Remove and Reinstall: Detach items from construction, in a manner to prevent damage, prepare for reuse, and reinstall where indicated. D.Existing to Remain: Leave existing items that are not to be removed and that are not otherwise indicated to be salvaged or reinstalled. E.Dismantle: To remove by disassembling or detaching an item from a surface, using gentle methods and equipment to prevent damage to the item and surfaces; disposing of items unless indicated to be salvaged or reinstalled. 1.4 MATERIALS OWNERSHIP A.Unless otherwise indicated, demolition waste becomes property of Contractor. 1.5 PREINSTALLATION MEETINGS A. Pre-demolition Conference: Conduct conference at Project site. 1. Review and finalize selective demolition schedule and verify availability of materials, demolition personnel, equipment, and facilities needed to make progress and avoid delays. 2. Review requirements of work performed by other trades that rely on substrates exposed by selective demolition operations. 3. Review areas where existing construction is to remain and requires protection. 1.6 INFORMATIONAL SUBMITTALS A. Schedule of Selective Demolition Activities: Indicate the following: 1. Detailed sequence of selective demolition and removal work, with starting and ending dates for each activity. Ensure Owner's and other tenants' on-site operations are minimally affected. 2. Interruption of utility services, if any: Indicate how long utility services will be interrupted. 3. Coordination for shutoff, capping, and continuation of utility services, if required. 4. Coordination of Owner's continuing occupancy of portions of existing building and of Owner's partial occupancy of completed Work. 1.7 FIELD CONDITIONS A. City will occupy portions of building immediately adjacent to selective demolition area. Conduct selective demolition so Owner's operations will not be disrupted to the extent agreed upon by the Owner’s Representative. B. Conditions existing at time of inspection for bidding purpose will be maintained by City as far as practical. C. Notify Engineer of discrepancies between existing conditions and Drawings before proceeding with selective demolition. D. Storage of removed items or materials on-site is not permitted. E. Dispose of smoke detection devices with radiological materials as required by applicable laws. F. Utility Service: Maintain existing utilities indicated to remain in service and protect them against damage during selective demolition operations. 1.8 COORDINATION A. Arrange selective demolition schedule so as not to interfere with City's operations to the extent agreed upon by the City’s Representative. B. Blocking off of parking spaces or driveway lanes are to be coordinated with the Cityr’s Representative, providing a minimum notice of 2 business days. PART 2 - EXECUTION 2.1 EXAMINATION A. Review record drawings of existing construction. City does not guarantee that field conditions are same as those indicated in record drawings. B. Survey of Existing Conditions: Record existing conditions by use of measured drawings, preconstruction photographs or video. 1. Inventory and record the condition of items to be removed and salvaged. Provide photographs or video of conditions that might be misconstrued as damage caused by salvage operations. 2. Before selective demolition or removal of existing building elements that will be reproduced or duplicated in final Work, make permanent record of measurements, materials, and construction details required to make exact reproduction. 2.2 UTILITY SERVICES AND MECHANICAL/ELECTRICAL SYSTEMS A. Existing Services/Systems to Remain: Protect services/systems that are not part of the project against damage. 2.3 PROTECTION A. Temporary Protection: Provide temporary barricades and other protection required to prevent injury to people and facilities. 1. Provide protection to ensure safe passage of people around selective demolition area and to and from occupied portions of the building. B. Remove temporary barricades and protections where hazards no longer exist. 2.4 SELECTIVE DEMOLITION, GENERAL A. Site Access and Temporary Controls: 1. Conduct selective demolition and debris-removal operations to ensure minimum interference with occupied and used facilities. 2.5 CLEANING A. Remove dust, dirt, and debris from the areas caused by selective demolition operations. Return areas to existing condition before selective demolition operations began. END OF SECTION 024119 SECTION 280500 COMMON WORK RESULTS FOR ELECTRONIC SAFETY COMMON WORK RESULTS FOR ELECTRONIC SAFETY 280500 - 1 CUPERTINO SENIOR CENTER FIRE ALARM REPLACEMENT MARCH 2025 PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. General provisions of the Contract, including General and Special Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A.Section Includes: 1.Electronic safety equipment coordination and installation. 2.Sleeves for raceways and cables. 3. Grout. 4. Common electronic safety installation requirements. 1.3 SUBMITTALS A.Product Data: For sleeve seals. 1.4 COORDINATION A.Coordinate arrangement, mounting, and support of electronic safety equipment: 1.To allow maximum possible headroom unless specific mounting heights that reduce headroom are indicated. 2.To provide for ease of disconnecting the equipment with minimum interference to other installations. 3. To allow right of way for piping and conduit installed at required slope. 4.So connecting raceways, cables, wireways, cable trays, and busways will be clear of obstructions and of the working and access space of other equipment. B.Coordinate sleeve selection and application with selection and application of firestopping specified in Section 078413 "Penetration Firestopping.” C.All sleeves shall be concealed to the greatest extent possible. Any exposed conduit or sleeves shall be coordinated with The City and shall be coordinated to match adjacent materials. SECTION 280500 COMMON WORK RESULTS FOR ELECTRONIC SAFETY COMMON WORK RESULTS FOR ELECTRONIC SAFETY 280500 - 2 CUPERTINO SENIOR CENTER FIRE ALARM REPLACEMENT MARCH 2025 PART 2 - PRODUCTS 2.1 SLEEVES FOR RACEWAYS AND CABLES A. Utilization of sleeves through fire rated assemblies shall only be provided as shown in an applicable tested through penetration firestop assembly. 2.2 GROUT A. Nonmetallic, Shrinkage-Resistant Grout: ASTM C 1107, factory-packaged, nonmetallic aggregate grout, noncorrosive, nonstaining, mixed with water to consistency suitable for application and a 30-minute working time. PART 3 - EXECUTION 3.1 COMMON REQUIREMENTS FOR ELECTRONIC SAFETY INSTALLATION A. Comply with NECA 1. B. Measure indicated mounting heights to bottom of unit for suspended items and to center of unit for wall-mounting items. C. Headroom Maintenance: If mounting heights or other location criteria are not indicated, arrange and install components and equipment to provide maximum possible headroom consistent with these requirements. D. Equipment: Install to facilitate service, maintenance, and repair or replacement of components of both electronic safety equipment and other nearby installations. Connect in such a way as to facilitate future disconnecting with minimum interference with other items in the vicinity. E. Right of Way: Give to piping systems installed at a required slope. 3.2 SLEEVE INSTALLATION FOR ELECTRONIC SAFETY PENETRATIONS A. Electronic safety penetrations occur when raceways, pathways, cables, wireways, or cable trays penetrate concrete slabs, concrete or masonry walls, or fire-rated floor and wall assemblies. B. Concrete Slabs and Walls: Install sleeves for penetrations unless core-drilled holes or formed openings are used. Install sleeves during erection of slabs and walls. C. Use pipe sleeves unless penetration arrangement requires rectangular sleeved opening. D. Fire-Rated Assemblies: Install sleeves for penetrations of fire-rated wall assemblies unless openings compatible with firestop system used are fabricated during construction of floor or wall. SECTION 280500 COMMON WORK RESULTS FOR ELECTRONIC SAFETY COMMON WORK RESULTS FOR ELECTRONIC SAFETY 280500 - 3 CUPERTINO SENIOR CENTER FIRE ALARM REPLACEMENT MARCH 2025 E. Cut sleeves to length for mounting flush with both surfaces of walls. F. Size pipe sleeves to provide 1/4-inch annular clear space between sleeve and raceway or cable, unless indicated otherwise. G. Seal space outside of sleeves with grout for penetrations of concrete and masonry 1. Promptly pack grout solidly between sleeve and wall so no voids remain. Tool exposed surfaces smooth; protect grout while curing. H. Interior Penetrations of Non-Fire-Rated Walls: Seal annular space between sleeve and raceway or cable, using joint sealant appropriate for size, depth, and location of joint. I. Fire-Rated-Assembly Penetrations: Maintain indicated fire rating of walls, partitions, ceilings, and floors at raceway and cable penetrations. Install sleeves and seal raceway and cable penetration sleeves with firestop materials. Comply with requirements in Division 07 Section "Penetration Firestopping." J. Roof-Penetration Sleeves: Seal penetration of individual raceways and cables with flexible boot- type flashing units applied in coordination with roofing work. K. Aboveground, Exterior-Wall Penetrations: Seal penetrations using steel pipe sleeves and mechanical sleeve seals. Select sleeve size to allow for 1-inch (25-mm) annular clear space between pipe and sleeve for installing mechanical sleeve seals. 3.3 FIRESTOPPING A. Apply firestopping to penetrations of fire-rated floor and wall assemblies for electronic safety installations to restore original fire-resistance rating of assembly. Firestopping materials and installation requirements are specified in Section 078413 "Penetration Firestopping." END OF SECTION 280500 SECTION 078413 – PENETRATION FIRESTOPPING PENETRATION FIRESTOPPING 078413 - 1 CUPERTINO SENIOR CENTER FIRE ALARM REPLACEMENT MARCH 2025 SECTION 078413 - PENETRATION FIRESTOPPING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. General provisions of the Contract, including General and Special Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Fire stopping is defined as the process of furnishing and installing a material, or com- bination of materials, in various constructions, to maintain an effective barrier against the spread of flame, smoke and gases and to maintain the integrity of fire-rated con- struction. It shall be provided in the following locations: 1. New fire alarm or electrical power cable and conduit penetrations through fire- rated partitions or fire walls. Unless otherwise specified or shown on the existing building architectural drawings, the Contractor shall assume that all corridors are constructed as one-hour fire partitions. Further, all walls or partitions which have or are part of an enclosure having fire-rated doors shall be considered fire-rated. Fire stopping shall be provided for all new penetrations and any existing fire alarm penetrations which will be abandoned. 1.3 ACTION SUBMITTALS B. Product Data: For each type of product indicated. C. Product Schedule: For each penetration firestopping system include location and de- sign designation of qualified testing and inspecting agency. 1. Where Project conditions require modification to a qualified testing and inspect- ing agency's illustration for a particular penetration firestopping condition, sub- mit illustration, with modifications marked, approved by penetration firestopping manufacturer's fire-protection engineer as an engineering judgment or equivalent fire- resistance-rated assembly. 1.4 INFORMATIONAL SUBMITTALS D. Qualification Data: For qualified Installer. E. Installer Certificates: From Installer indicating penetration firestopping has been in- stalled in compliance with requirements and manufacturer's written recommendations. F. Product Test Reports: Based on evaluation of comprehensive tests performed by a SECTION 078413 – PENETRATION FIRESTOPPING PENETRATION FIRESTOPPING 078413 - 2 CUPERTINO SENIOR CENTER FIRE ALARM REPLACEMENT MARCH 2025 qualified testing agency, for penetration firestopping. 1.5 QUALITY ASSURANCE G. Installer Qualifications: A firm experienced in installing penetration firestopping simi- lar in material, design, and extent to that indicated for this Project, whose work has resulted in construction with a record of successful performance. Qualifications include having the necessary experience, staff, and training to install manufacturer's products per specified requirements. Manufacturer's willingness to sell its penetration firestop- ping products to Contractor or to Installer engaged by Contractor does not in itself con- fer qualification on buyer. H. Fire-Test-Response Characteristics: Penetration firestopping shall comply with the fol- lowing requirements: 1. Penetration firestopping tests are performed by a qualified testing agency ac- ceptable to authorities having jurisdiction. 2. Penetration firestopping is identical to those tested per testing standard refer- enced in "Penetration Firestopping" Article. Provide rated systems complying with the following requirements: a. Penetration firestopping products bear classification marking of qualified testing and inspecting agency. b. Classification markings on penetration firestopping correspond to desig- nations listed by the following: 1) UL in its "Fire Resistance Directory." 2) FM Global in its "Building Materials Approval Guide." 3) NRTL: Nationally Recognized Testing Laboratory 1.6 PROJECT CONDITIONS I. Environmental Limitations: Do not install penetration firestopping when ambient or substrate temperatures are outside limits permitted by penetration firestopping manu- facturers or when substrates are wet because of rain, frost, condensation, or other causes. J. Install and cure penetration firestopping per manufacturer's written instructions using natural means of ventilations or, where this is inadequate, forced-air circulation. 1.7 COORDINATION K. Coordinate construction of openings and penetrating items to ensure that penetration firestopping is installed according to specified requirements. L. Coordinate sizing of sleeves, openings, core-drilled holes, or cut openings to SECTION 078413 – PENETRATION FIRESTOPPING PENETRATION FIRESTOPPING 078413 - 3 CUPERTINO SENIOR CENTER FIRE ALARM REPLACEMENT MARCH 2025 accommodate penetration firestopping. M. Notify The City's testing agency at least seven days in advance of penetration firestop- ping installations; confirm dates and times on day preceding each series of installations. PART 2 - PRODUCTS 2.1 PENETRATION FIRESTOPPING A. Provide penetration firestopping that is produced and installed to resist spread of fire according to requirements indicated, resist passage of smoke and other gases, and main- tain original fire- resistance rating of construction penetrated. Penetration firestopping systems shall be compatible with one another, with the substrates forming openings, and with penetrating items if any. B. Penetrations in Fire-Resistance-Rated Walls: Provide penetration firestopping with rat- ings determined per ASTM E 814 or UL 1479, based on testing at a positive pressure differential of 0.01-inch wg. 1. F-Rating: Not less than the fire-resistance rating of constructions penetrated. C. W-Rating: Provide penetration firestopping showing no evidence of water leakage when tested according to UL 1479. D. Exposed Penetration Firestopping: Provide products with flame-spread and smoke-de- veloped indexes of less than 25 and 450, respectively, as determined per ASTM E 84. E. VOC Content: Penetration firestopping sealants and sealant primers shall comply with the following limits for VOC content when calculated according to 40 CFR 59, Subpart D (EPA Method 24): 1. Sealants: 250 g/L. 2. Sealant Primers for Nonporous Substrates: 250 g/L. 3. Sealant Primers for Porous Substrates: 775 g/L. F. Low-Emitting Materials: Penetration firestopping sealants and sealant primers shall comply with the testing and product requirements of the California Department of Health Services' "Standard Practice for the Testing of Volatile Organic Emissions from Various Sources Using Small-Scale Environmental Chambers." G. Accessories: Provide components for each penetration firestopping system that are needed to install fill materials and to maintain ratings required. Use only those compo- nents specified by penetration firestopping manufacturer and approved by qualified testing and inspecting agency for firestopping indicated. 1. Permanent forming/damming/backing materials, including the following: a. Slag-wool-fiber or rock-wool-fiber insulation. b. Sealants used in combination with other forming/damming/backing ma- terials to prevent leakage of fill materials in liquid state. SECTION 078413 – PENETRATION FIRESTOPPING PENETRATION FIRESTOPPING 078413 - 4 CUPERTINO SENIOR CENTER FIRE ALARM REPLACEMENT MARCH 2025 c. Fire-rated form board. d. Fillers for sealants. 2. Temporary forming materials. 3. Substrate primers. 4. Collars. 5. Steel sleeves. 2.2 FILL MATERIALS A. Cast-in-Place Firestop Devices: Factory-assembled devices for use in cast-in-place con- crete floors and consisting of an outer metallic sleeve lined with an intumescent strip, a radial extended flange attached to one end of the sleeve for fastening to concrete form- work, and a neoprene gasket. B. Latex Sealants: Single-component latex formulations that do not re-emulsify after cure during exposure to moisture. C. Firestop Devices: Factory-assembled collars formed from galvanized steel and lined with intumescent material sized to fit specific diameter of penetrant. D. Intumescent Composite Sheets: Rigid panels consisting of aluminum-foil-faced elasto- meric sheet bonded to galvanized-steel sheet. E. Intumescent Putties: Nonhardening dielectric, water-resistant putties containing no sol- vents, inorganic fibers, or silicone compounds. F. Intumescent Wrap Strips: Single-component intumescent elastomeric sheets with alu- minum foil on one side. G. Mortars: Prepackaged dry mixes consisting of a blend of inorganic binders, hydraulic cement, fillers, and lightweight aggregate formulated for mixing with water at Project site to form a nonshrinking, homogeneous mortar. H. Pillows/Bags: Reusable heat-expanding pillows/bags consisting of glass-fiber cloth cases filled with a combination of mineral-fiber, water-insoluble expansion agents, and fire-retardant additives. Where exposed, cover openings with steel-reinforcing wire mesh to protect pillows/bags from being easily removed. I. Silicone Foams: Multicomponent, silicone-based liquid elastomers that, when mixed, expand and cure in place to produce a flexible, nonshrinking foam. J. Silicone Sealants: Single-component, silicone-based, neutral-curing elastomeric seal- ants of grade indicated below: 1. Grade: Pourable (self-leveling) formulation for openings in floors and other hor- izontal surfaces, and nonsag formulation for openings in vertical and sloped sur- faces, unless indicated firestopping limits use of nonsag grade for both opening conditions. SECTION 078413 – PENETRATION FIRESTOPPING PENETRATION FIRESTOPPING 078413 - 5 CUPERTINO SENIOR CENTER FIRE ALARM REPLACEMENT MARCH 2025 2.3 MIXING A. For those products requiring mixing before application, comply with penetration fire- stopping manufacturer's written instructions for accurate proportioning of materials, water (if required), type of mixing equipment, selection of mixer speeds, mixing con- tainers, mixing time, and other items or procedures needed to produce products of uni- form quality with optimum performance characteristics for application indicated. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates and conditions, with Installer present, for compliance with require- ments for opening configurations, penetrating items, substrates, and other conditions affecting performance of the Work. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Surface Cleaning: Clean out openings immediately before installing penetration fire- stopping to comply with manufacturer's written instructions and with the following re- quirements: 1. Remove from surfaces of opening substrates and from penetrating items foreign materials that could interfere with adhesion of penetration firestopping. 2. Clean opening substrates and penetrating items to produce clean, sound surfaces capable of developing optimum bond with penetration firestopping. Remove loose particles remaining from cleaning operation. 3. Remove laitance and form-release agents from concrete. B. Priming: Prime substrates where recommended in writing by manufacturer using that manufacturer's recommended products and methods. Confine primers to areas of bond; do not allow spillage and migration onto exposed surfaces. C. Masking Tape: Use masking tape to prevent penetration firestopping from contacting adjoining surfaces that will remain exposed on completion of the Work and that would otherwise be permanently stained or damaged by such contact or by cleaning methods used to remove stains. Remove tape as soon as possible without disturbing firestop- ping's seal with substrates. 3.3 INSTALLATION A. General: Install penetration firestopping to comply with manufacturer's written instal- lation instructions and published drawings for products and applications indicated. SECTION 078413 – PENETRATION FIRESTOPPING PENETRATION FIRESTOPPING 078413 - 6 CUPERTINO SENIOR CENTER FIRE ALARM REPLACEMENT MARCH 2025 B. Install forming materials and other accessories of types required to support fill materials during their application and in the position needed to produce cross-sectional shapes and depths required to achieve fire ratings indicated. 1. After installing fill materials and allowing them to fully cure, remove combus- tible forming materials and other accessories not indicated as permanent compo- nents of firestopping. C. Install fill materials for firestopping by proven techniques to produce the following results: 1. Fill voids and cavities formed by openings, forming materials, accessories, and penetrating items as required to achieve fire-resistance ratings indicated. 2. Apply materials so they contact and adhere to substrates formed by openings and penetrating items. 3. For fill materials that will remain exposed after completing the Work, finish to produce smooth, uniform surfaces that are flush with adjoining finishes. 3.4 IDENTIFICATION A. Identify penetration firestopping with preprinted metal or plastic labels. Attach labels permanently to surfaces adjacent to and within 6 inches of firestopping edge so labels will be visible to anyone seeking to remove penetrating items or firestopping. Use me- chanical fasteners or self-adhering-type labels with adhesives capable of permanently bonding labels to surfaces on which labels are placed. Include the following information on labels: 1. The words "Warning - Penetration Firestopping - Do Not Disturb. Notify Building Management of Any Damage." 2. Contractor's name, address, and phone number. 3. Designation of applicable testing and inspecting agency. 4. Date of installation. 5. Manufacturer's name. 6. Installer's name. 3.5 FIELD QUALITY CONTROL A. Any penetration firestopping will need to be inspected by The City’s agent. B. Where deficiencies are found or penetration firestopping is damaged or removed be- cause of testing, repair or replace penetration firestopping to comply with requirements. C. Proceed with enclosing penetration firestopping with other construction only after in- spection reports are issued and installations comply with requirements. 3.6 CLEANING AND PROTECTION A. Clean off excess fill materials adjacent to openings as the Work progresses by methods and with cleaning materials that are approved in writing by penetration firestopping SECTION 078413 – PENETRATION FIRESTOPPING PENETRATION FIRESTOPPING 078413 - 7 CUPERTINO SENIOR CENTER FIRE ALARM REPLACEMENT MARCH 2025 manufacturers and that do not damage materials in which openings occur. B. Provide final protection and maintain conditions during and after installation that ensure that penetration firestopping is without damage or deterioration at time of Substantial Completion. If, despite such protection, damage or deterioration occurs, immediately cut out and remove damaged or deteriorated penetration firestopping and install new materials to produce systems complying with specified requirements. END OF SECTION 078413 SECTION 280513 CONDUCTORS AND CABLES FOR ELECTRONIC SAFETY CUPERTINO SENIOR CENTER PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. General provisions of the Contract, including General and Special Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A.Section Includes: 1.Fire alarm wire and cable. 1.3 DEFINITIONS A.Low Voltage: As defined in NFPA 70 for circuits and equipment operating at less than 50 V or for remote-control and signaling power-limited circuits. 1.4 SUBMITTALS A.Product Data: For each type of product indicated. B.Qualification Data: For qualified layout technician, installation supervisor, and field inspector. C.Source quality-control reports. D.Field quality-control reports. E.Maintenance Data: For wire and cable to include in maintenance manuals. 1.5 QUALITY ASSURANCE A.Testing Agency Qualifications: A Nationally Recognized Testing Laboratory. 1.Testing Agency's Field Supervisor: Currently certified by BICSI as an RCDD to supervise on-site testing. B.Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. SECTION 280513 CONDUCTORS AND CABLES FOR ELECTRONIC SAFETY CUPERTINO SENIOR CENTER PART 2 - PRODUCTS 2.1 FIRE ALARM WIRE AND CABLE A. All fire alarm wiring shall be re-used throughout the building to the greatest extent possible (if found to be in acceptable condition). General Wire and Cable Requirements: NRTL listed and labeled as complying with NFPA 70, Article 760. B. All fire alarm wiring shall be solid copper sized in accordance with the manufacturer’s recommendations. C. Signaling Line Circuits: Twisted, shielded pair, not less than No. 18 AWG size as recommended by system manufacturer. D. Audio Notification Appliance Circuits: Twisted, shielded pair, not less than 16 AWG size as recommended by system manufacturer. E. Visual Notification Appliance Circuits: 14/2 AWG F. Non-Power-Limited Circuits: Solid-copper conductors with 600-V rated, 75 deg C, color-coded insulation. 2.2 SOURCE QUALITY CONTROL A. Testing Agency: Engage a qualified testing agency to evaluate cables. B. Cable will be considered defective if it does not pass tests and inspections. C. Prepare test and inspection reports. PART 3 - EXECUTION 3.1 WIRING METHOD A. Install new wiring in metal pathways and wireways. 1. Minimum conduit size shall be 3/4 inch. B. Install cable, concealed in accessible ceilings, walls, and floors when possible. 3.2 INSTALLATION OF CONDUCTORS AND CABLES A. Comply with NECA 1 and NFPA 70. SECTION 280513 CONDUCTORS AND CABLES FOR ELECTRONIC SAFETY CUPERTINO SENIOR CENTER B. Conductors: Size according to system manufacturer's written instructions unless otherwise indicated. C. Do not install conductors and cables that are wet, moisture damaged, or mold damaged. 3.3 FIRE ALARM WIRING INSTALLATION A. Comply with NECA 1 and NFPA 72. B. Wiring Method: Install wiring in metal raceway. 1. Fire alarm circuits and equipment control wiring associated with the fire alarm system shall be installed in a dedicated raceway system. This system shall not be used for any other wire or cable. C. Wiring Method: 1. Cables and raceways used for fire alarm circuits, and equipment control wiring associated with the fire alarm system, may not contain any other wire or cable. 2. Signaling Line Circuits: Power-limited fire alarm cables shall not be installed in the same cable or raceway as signaling line circuits. D. Wiring within Enclosures: Separate power-limited and non-power-limited conductors as recommended by manufacturer. Install conductors parallel with or at right angles to sides and back of the enclosure. Bundle, lace, and train conductors to terminal points with no excess. Connect conductors that are terminated, spliced, or interrupted in any enclosure associated with the fire alarm system to terminal blocks. Mark each terminal according to the system's wiring diagrams. Make all connections with approved crimp-on terminal spade lugs, pressure-type terminal blocks, or plug connectors. E. Cable Taps: Use numbered terminal strips in junction, pull, and outlet boxes, cabinets, or equipment enclosures where circuit connections are made. F. Color-Coding: Color-code fire alarm conductors differently from the normal building power wiring. Use one color-code for alarm circuit wiring and another for supervisory circuits. Color- code audible alarm-indicating circuits differently from alarm-initiating circuits. Use different colors for visible alarm-indicating devices. Paint fire alarm system junction boxes and covers red. Legend to be provided on as-built documents. G. Wiring to Remote Alarm Transmitting Device: 1-inch conduit between the fire alarm control panel and the transmitter. Install number of conductors and electrical supervision for connecting wiring as needed to suit monitoring function. SECTION 280513 CONDUCTORS AND CABLES FOR ELECTRONIC SAFETY CUPERTINO SENIOR CENTER 3.4 FIRESTOPPING A. Comply with requirements Section 078413 "Penetration Firestopping." 3.5 FIELD QUALITY CONTROL A. Perform tests and inspections. B. End-to-end cabling will be considered defective if it does not pass tests and inspections. C. Prepare test and inspection reports. END OF SECTION 280513 SECTION 283111 DIGITAL, ADDRESSABLE FIRE-ALARM SYSTEM CUPERTINO SENIOR CENTER PART 1 - GENERAL 1.1 RELATED DOCUMENTS A.General provisions of the Contract, including General and Special Conditions and Division 01 Specification Sections, apply to this Section. B.2022 California Building Code with City of Cupertino Amendments C.2022 California Fire Code with Santa Clara County Fire Department Amendments D.2022 NFPA 72 National Fire Alarm and Signaling Code E.2020 NFPA 70 National Electrical Code 1.2 SUMMARY A.Section Includes: 1.Fire-alarm control unit. 2.Manual fire-alarm boxes. 3. Emergency Power Supply 4.System smoke detectors. 5. Notification appliances. 6.Addressable interface device. 7. Transient Voltage Surge Suppressor 8.Digital alarm communicator transmitter. B.Related Requirements: 1.Section 078413 “Penetration Firestopping, Section 280500 “Common Work Results for Electronic Safety”, and Section 280513 "Conductors and Cables for Electronic Safety and Security" for cables and conductors for fire-alarm systems. 1.3 DEFINITIONS A.EMT: Electrical Metallic Tubing. B.FACP: Fire Alarm Control Panel. C.HLI: High Level Interface. D.NICET: National Institute for Certification in Engineering Technologies. SECTION 283111 DIGITAL, ADDRESSABLE FIRE-ALARM SYSTEM CUPERTINO SENIOR CENTER E. NRTL: Nationally Recognized Testing Laboratory 1.4 ACTION SUBMITTALS A. Shop drawing submittal shall be complete. A complete submission means shop drawings, calculations and product data. A maximum of two (2) shop drawing reviews for a complete fire alarm system submission will be provided. Additional reviews required due to incomplete or inadequate submittals as a result will be at the expenses of the Contractor. B. General Submittal Requirements: 1. Complete fire alarm shop drawings and submittal data shall be reviewed and approved by the Owner’s agent (Holmes US) and Owner (City Project Manager) prior to submission to the Santa Clara County Fire Department permitting office in order to obtain the Fire Alarm System Permit. C. Product Data: For each type of product, including furnished options and accessories. 1. Include construction details, material descriptions, dimensions, profiles, and finishes. 2. Include rated capacities, operating characteristics, and electrical characteristics. 3. Include product data specifically annotating UL file number (or other testing agency equivalent). 4. Include CSFM listing sheet for each product. 5. Include product data which specifically annotates the product, model, finish, etc. that is being proposed for use. D. Shop Drawings: For fire-alarm system. 1. Comply with recommendations and requirements in the "Documentation" section of the "Fundamentals" chapter in 2022 NFPA 72 per Santa Clara County Fire Department Plan Submittal Guidelines. 2. Include plans, elevations, sections, details, and attachments to other work. 3. Include details of equipment assemblies. Indicate dimensions, weights, loads, required clearances, method of field assembly, components, and locations. Indicate conductor sizes, indicate termination locations and requirements, and distinguish between factory and field wiring. 4. Detail assembly and support requirements. 5. Include voltage drop calculations for notification-appliance circuits. 6. Include battery-size calculations. 7. Include input/output matrix. 8. Include statement from manufacturer that all equipment and components have been tested as a system and meet all requirements in this Specification and in NFPA 72. 9. Include performance parameters and installation details for each detector. 10. Verify that each duct detector is listed for complete range of air velocity, temperature, and humidity possible when air-handling system is operating. SECTION 283111 DIGITAL, ADDRESSABLE FIRE-ALARM SYSTEM CUPERTINO SENIOR CENTER 11. Include plans, sections, and elevations of heating, ventilating, and air-conditioning ducts, drawn to scale; coordinate location of duct smoke detectors and access to them. a. Show critical dimensions that relate to placement and support of sampling tubes, detector housing, and remote status and alarm indicators. b. Show field wiring required for HVAC unit shutdown on alarm. c. Show field wiring and equipment required for HVAC unit shutdown on alarm and override by firefighters' control system. d. Show field wiring and equipment required for HVAC unit shutdown on alarm and override by firefighters' smoke-evacuation system. e. Locate detectors according to manufacturer's written recommendations. f. Show air-sampling detector pipe routing. 12. Include floor plans to indicate final outlet locations showing address of each addressable device. Show size and route of cable and conduits and point-to-point wiring diagrams. 13. Include voice/alarm signaling-service equipment rack or console layout, grounding schematic, amplifier power calculation, and single-line connection diagram. 14. Include phasing plan for construction. E. General Submittal Requirements: 1. Shop Drawings shall be prepared by persons with the following qualifications: a. Trained and certified by manufacturer in fire-alarm system design. b. NICET-certified, fire-alarm technician; Level III minimum. c. Licensed or certified by authorities having jurisdiction. F. Delegated-Design Submittal: For notification appliances and smoke detectors, in addition to submittals listed above, indicate compliance with performance requirements and design criteria, including analysis data signed by the qualified professional responsible for their preparation. 1. Drawings showing the location of each notification appliance and smoke detector, ratings of each, and installation details as needed to comply with listing conditions of the device. 2. Design Calculations: Calculate requirements for selecting the spacing and sensitivity of detection, complying with NFPA 72. Calculate spacing and intensities for strobe signals and sound-pressure levels for audible appliances. 3. Indicate audible appliances required to produce square wave signal per NFPA 72. 1.5 INFORMATIONAL SUBMITTALS A. Qualification Data: For Installer. B. Field quality-control reports. SECTION 283111 DIGITAL, ADDRESSABLE FIRE-ALARM SYSTEM CUPERTINO SENIOR CENTER 1.6 CLOSEOUT SUBMITTALS A. Operation and Maintenance Data: For fire-alarm systems and components to include in emergency, operation, and maintenance manuals. 1. Include the following item: a. Comply with the "Records" section of the "Inspection, Testing and Maintenance" chapter in NFPA 72. b. Provide "Fire Alarm and Emergency Communications System Record of Completion Documents" according to the "Completion Documents" Article in the "Documentation" section of the "Fundamentals" chapter in NFPA 72. c. Complete wiring diagrams showing connections between all devices and equipment. Each conductor shall be numbered at every junction point with indication of origination and termination points. d. Riser diagram. e. Device addresses. f. Record copy of site-specific software. g. Provide "Inspection and Testing Form" according to the "Inspection, Testing and Maintenance" chapter in NFPA 72, and include the following: 1) Equipment tested. 2) Frequency of testing of installed components. 3) Frequency of inspection of installed components. 4) Requirements and recommendations related to results of maintenance. 5) Manufacturer's user training manuals. h. Manufacturer's required maintenance related to system warranty requirements. i. Abbreviated operating instructions for mounting at fire-alarm control unit and each annunciator unit. j. Contractor to submit final CAD and Revit files (if applicable) of drawings and other documentation created for the project to the City prior to Notice of Completion. k. Contractor to submit one hard copy and one electronic PDF file of all final as-built drawings, all equipment manuals and warranties at the end of the project. B. Software and Firmware Operational Documentation: 1. Software operating and upgrade manuals. 2. Program Software Backup: On flash drive complete with data files. 3. Device address list. 4. Printout of software application and graphic screens. 1.7 MAINTENANCE MATERIAL SUBMITTALS A. Furnish extra materials that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. SECTION 283111 DIGITAL, ADDRESSABLE FIRE-ALARM SYSTEM CUPERTINO SENIOR CENTER 1. Lamps for Remote Indicating Lamp Units: Quantity equal to 10 percent of amount installed, but no fewer than one unit. 2. Lamps for Strobe Units: Quantity equal to 10 percent of amount installed, but no fewer than one unit. 3. Smoke Detectors: Quantity equal to 10 percent of amount of each type installed, but no fewer than one unit of each type. 4. Detector Bases: Quantity equal to two percent of amount of each type installed, but no fewer than one unit of each type. 5. Keys and Tools: One extra set for access to locked or tamper proofed components. 6. Audible and Visual Notification Appliances: One of each type installed. 7. Fuses: Two of each type installed in the system. Provide in a box or cabinet with compartments marked with fuse types and sizes. 1.8 QUALITY ASSURANCE A. Installer Qualifications: Personnel shall be trained and certified by manufacturer for installation of units required for this Project. B. Installer Qualifications: Installation shall be by personnel certified by NICET as fire-alarm Level II technician. 1.9 WARRANTY A. Special Warranty: Manufacturer agrees to repair or replace fire-alarm system equipment and components that fail in materials or workmanship within specified warranty period. 1. Warranty Extent: All equipment and components not covered in the Maintenance Service Agreement. 2. Warranty Period: Five years from date of Substantial Completion. 1.10 PROJECT CONDITIONS A. Perform a full test of the existing system prior to starting work. Document any equipment or components not functioning as designed. B. Interruption of Existing Fire-Alarm Service: Do not interrupt fire-alarm service to facilities occupied by The City or others unless permitted under the following conditions and then only after arranging to provide temporary guard service according to requirements indicated: 1. Notify The City no fewer than seven days in advance of proposed interruption of fire-alarm service. 2. Do not proceed with interruption of fire-alarm service without The City's written permission. 3. Any fire watch must be an approved Santa Clara County Fire Department fire watch. SECTION 283111 DIGITAL, ADDRESSABLE FIRE-ALARM SYSTEM CUPERTINO SENIOR CENTER C. Use of Devices during Construction: Protect devices during construction unless devices are placed in service to protect the facility during construction. 1.11 SEQUENCING AND SCHEDULING A. Existing Fire-Alarm System: Maintain existing system fully operational. The intent is for a one- for one replacement of existing control equipment including fire alarm control panel, initiating devices, notification appliances, and monitor or control modules. B. Equipment Removal: After acceptance of new fire-alarm system, remove existing disconnected fire-alarm equipment and wiring. Patch walls and ceilings as necessary. PART 2 - PRODUCTS 2.1 SYSTEM DESCRIPTION A. Noncoded, UL-certified addressable system, with multiplexed signal transmission and voice/strobe evacuation. B. All components provided shall be listed for use with the selected system. C. Only those appliances which comply with the manufacturer’s installation instructions shall be permitted. For instance, no devices shall be connected to the FACP which does not comply with the FACP listings and manufacturer’s installation instructions. D. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. 2.2 SYSTEMS OPERATIONAL DESCRIPTION A. Sequence of operations of existing system at Cupertino Senior Center shall be maintained. B. Fire-alarm signal initiation shall be by one or more of the following devices: 1. Manual stations. 2. Smoke detectors. 3. Automatic sprinkler system water flow. 4. Kitchen hood suppression activation. C. Fire-alarm signal shall initiate the following actions: 1. Continuously operate voice alarm notification appliances. 2. Identify alarm and specific initiating device at fire-alarm control unit SECTION 283111 DIGITAL, ADDRESSABLE FIRE-ALARM SYSTEM CUPERTINO SENIOR CENTER 3. Transmit an alarm signal to the remote alarm receiving station. 4. Record events in the system memory. 5. Release associated fire doors on hold-opens. D. Supervisory signal initiation shall be by one or more of the following devices and actions: 1. Valve supervisory switch. 2. Duct smoke detectors. 3. User disabling of zones or individual devices. 4. Post Indicator Valve. E. System trouble signal initiation shall be by one or more of the following devices and actions: 1. Open circuits, shorts, and grounds in designated circuits. 2. Opening, tampering with, or removing alarm-initiating and supervisory signal-initiating devices. 3. Loss of communication with any addressable sensor, input module, relay, control module, remote annunciator, printer interface, or Ethernet module. 4. Loss of primary power at fire-alarm control unit. 5. Ground or a single break in internal circuits of fire-alarm control unit. 6. Abnormal ac voltage at fire-alarm control unit. 7. Break in standby battery circuitry. 8. Failure of battery charging. 9. Abnormal position of any switch at fire-alarm control unit or annunciator. 10. Voice signal amplifier failure. F. System Supervisory Signal Actions: 1. Identify specific device initiating the event at fire-alarm control unit 2. After a time delay of 200 seconds, transmit a trouble or supervisory signal to the remote alarm receiving station. 2.3 FIRE-ALARM CONTROL UNIT A. General Requirements for Fire-Alarm Control Unit: 1. Field-programmable, microprocessor-based, modular, power-limited design with electronic modules, complying with UL 864 and listed and labeled by an NRTL. a. System software and programs shall be held in flash electrically erasable programmable read-only memory (EEPROM), retaining the information through failure of primary and secondary power supplies. b. Include a real-time clock for time annotation of events on the event recorder and printer. c. Provide nonvolatile memory for system database, logic, and operating system and event history. The system shall require no manual input to initialize in the event of SECTION 283111 DIGITAL, ADDRESSABLE FIRE-ALARM SYSTEM CUPERTINO SENIOR CENTER a complete power down condition. The FACP shall provide a minimum 500- event history log. 2. Addressable initiation devices that communicate device identity and status. a. Smoke sensors shall additionally communicate sensitivity setting and allow for adjustment of sensitivity at fire-alarm control unit. b. Temperature sensors shall additionally test for and communicate the sensitivity range of the device. 3. Addressable control circuits for operation of mechanical equipment. B. Alphanumeric Display and System Controls: Arranged for interface between human operator at fire-alarm control unit and addressable system components including annunciation and supervision. Display alarm, supervisory, and component status messages and the programming and control menu. 1. Annunciator and Display: Liquid-crystal type, 3 line(s) of 80 characters, minimum. 2. Keypad: Arranged to permit entry and execution of programming, display, and control commands and to indicate control commands to be entered into the system for control of smoke-detector sensitivity and other parameters. C. Fire Zone Alarm Message: A fire alarm signal shall automatically activate a distinctive three- pulse temporal pattern using any appropriate sound, in accordance with ANSI S3.41, for three cycles followed by a voice message which is repeated (three pulse cycle and message) until the control panel is reset. Automatic messages shall be broadcast through speakers throughout the entire building. A live voice English language message shall override the automatic output through use of a microphone input at the control panel. When using the microphone, live messages shall be broadcast throughout the entire building. Visual strobe appliances shall operate throughout the building. The system shall be capable of operating all speakers at the same time. The digitalized voice message shall consist of a non-volatile (EPROM) microprocessor based input to the amplifiers. The microprocessor shall actively interrogate all circuitry, field wiring and digital coding necessary for the immediate and accurate rebroadcasting of the stored voice data into the appropriate amplifier input. Loss of operating power, supervisory power or any other malfunction which could render the digitalized voice module inoperative shall automatically cause the appropriate temporal tone to take over all functions assigned to the failed unit. Fire Zone Alarm Messages shall utilize a male voice and shall be as follows: 1. "May I have your attention, please. May I have your attention, please. A fire has been reported. Please walk to the nearest exit and leave the building.". D. Provide an auxiliary “Fire Drill” and “All Clear” prerecorded message approved by the The City. Provide dedicated selector switches to initiate each message individually. 1. Provide capability including all hardware and memory to provide two additional messages of the The Citys choice not to exceed 120 seconds (total for both). Provide dedicated selector switches to initiate each message individually. SECTION 283111 DIGITAL, ADDRESSABLE FIRE-ALARM SYSTEM CUPERTINO SENIOR CENTER E. Initiating-Device, Notification-Appliance, and Signaling-Line Circuits: 1. Pathway Class Designations: NFPA 72, Class B. 2. Pathway Survivability: Level 0 3. Install no more than 50 addressable devices on each signaling-line circuit. F. Notification-Appliance Circuit: 1. Audible appliances shall sound in a three-pulse temporal pattern, as defined in NFPA 72. 2. Visual alarm appliances shall flash in synchronization where multiple appliances are in the same field of view, as defined in NFPA 72. G. Door Controls: Door hold-open devices that are controlled by smoke detectors at doors in fire partitions shall be connected to fire-alarm system. H. Remote Smoke-Detector Sensitivity Adjustment: Controls shall select specific addressable smoke detectors for adjustment, display their current status and sensitivity settings, and change those settings. Allow controls to be used to program repetitive, time-scheduled, and automated changes in sensitivity of specific detector groups. Record sensitivity adjustments and sensitivity- adjustment schedule changes in system memory, and print out the final adjusted values on system printer. I. Transmission to Remote Alarm Receiving Station: Automatically transmit alarm, supervisory, and trouble signals to a remote alarm station. J. Primary Power: 24-V dc obtained from 120-V ac service and a power-supply module. Initiating devices, notification appliances, signaling lines, trouble signals, shall be powered by 24-V dc source. 1. Alarm current draw of entire fire-alarm system shall not exceed 80 percent of the power- supply module rating. K. Secondary Power: 24-V dc supply system with batteries, automatic battery charger, and automatic transfer switch. 1. Batteries: Sealed lead calcium 2. Fast tab battery terminals are prohibited. L. Instructions: Computer printout or typewritten instruction card mounted behind a plastic or glass cover in a stainless-steel or aluminum frame. Include interpretation and describe appropriate response for displays and signals. Briefly describe the functional operation of the system under normal, alarm, and trouble conditions. SECTION 283111 DIGITAL, ADDRESSABLE FIRE-ALARM SYSTEM CUPERTINO SENIOR CENTER 2.4 MANUAL FIRE-ALARM BOXES A. General Requirements for Manual Fire-Alarm Boxes: Comply with UL 38. Boxes shall be finished in red with molded, raised-letter operating instructions in contrasting color; shall show visible indication of operation; and shall be mounted on recessed outlet box. If indicated as surface mounted, provide manufacturer's surface back box. 1. Double-action mechanism requiring two actions to initiate an alarm, pull-lever type; with integral addressable module arranged to communicate manual-station status (normal, alarm, or trouble) to fire-alarm control unit. 2. Station Reset: Key- or wrench-operated switch. 2.5 EMERGENCY POWER SUPPLY A. Batteries: Provide sealed, maintenance-free, lead-calcium batteries as the source for emergency power to the FACP. Batteries shall contain suspended electrolyte. The battery system shall be maintained in a fully charged condition by means of a solid state battery charger. Batteries shall have lead bolt-on or wing-nut-type terminals. Batteries with fast-tab terminals are unacceptable. B. Capacity: Provide batteries with sufficient capacity to operate all signaling line circuits, initiating device circuits, and notification appliance circuits in normal or supervisory (non-alarm) mode for a period of 24 hours. Following this supervisory period of operation on battery power, the batteries shall have sufficient capacity to operate all components of the system in alarm mode for a period of 15 minutes. C. Battery Charger: Provide a solid state, fully automatic, variable charging rate battery charger. The charger shall be capable of providing 150 percent of the connected system load and shall maintain the batteries at full charge. In the event the batteries are fully discharged the charger shall recharge them back to 95% of full charge within 48 hours. Provide pilot light to indicate when batteries are manually placed on a high rate of charge as part of the unit assembly if a high rate switch is provided. Provide a ammeter for recording rate of charge and a separate voltmeter to indicate the state of the battery charge or provide a system which displays this information as an integral part of the control panel. 1. A fire alarm control panel with built in batteries and charger can be provided with a separate ammeter. D. The emergency power supply system shall comply with the fire alarm control unit manufacturer’s installation instructions and listed by a NRTL. 2.6 SYSTEM SMOKE DETECTORS A. General Requirements for System Smoke Detectors: 1. Comply with UL 268; operating at 24-V dc, nominal. 2. Detectors shall be two-wire type. SECTION 283111 DIGITAL, ADDRESSABLE FIRE-ALARM SYSTEM CUPERTINO SENIOR CENTER 3. Integral Addressable Module: Arranged to communicate detector status (normal, alarm, or trouble) to fire-alarm control unit. 4. Base Mounting: Detector and associated electronic components shall be mounted in a twist-lock module that connects to a fixed base. Provide terminals in the fixed base for connection to building wiring. 5. Self-Restoring: Detectors do not require resetting or readjustment after actuation to restore them to normal operation. 6. Integral Visual-Indicating Light: LED type, indicating detector has operated and power-on status. 7. Remote Control: Unless otherwise indicated, detectors shall be addressable type, individually monitored at fire-alarm control unit for calibration, sensitivity, and alarm condition and individually adjustable for sensitivity by fire-alarm control unit. a. Multiple levels of detection sensitivity for each sensor. b. Sensitivity levels based on time of day. B. Photoelectric Smoke Detectors: 1. Detector address shall be accessible from fire-alarm control unit and shall be able to identify the detector's location within the system and its sensitivity setting. 2. An operator at fire-alarm control unit, having the designated access level, shall be able to manually access the following for each detector: a. Primary status. b. Device type. c. Present average value. d. Present sensitivity selected. e. Sensor range (normal, dirty, etc.). C. Duct Smoke Detectors: Photoelectric type complying with UL 268A. 1. Detector address shall be accessible from fire-alarm control unit and shall be able to identify the detector's location within the system and its sensitivity setting. 2. An operator at fire-alarm control unit, having the designated access level, shall be able to manually access the following for each detector: a. Primary status. b. Device type. c. Present average value. d. Present sensitivity selected. e. Sensor range (normal, dirty, etc.). 3. Weatherproof Duct Housing Enclosure: NEMA 250, Type 4X; NRTL listed for use with the supplied detector for smoke detection in HVAC system ducts. 4. Each sensor shall have multiple levels of detection sensitivity. 5. Sampling Tubes: Design and dimensions as recommended by manufacturer for specific duct size, air velocity, and installation conditions where applied. SECTION 283111 DIGITAL, ADDRESSABLE FIRE-ALARM SYSTEM CUPERTINO SENIOR CENTER 6. Relay Fan Shutdown: Fully programmable relay rated to interrupt fan motor-control circuit. 2.7 NOTIFICATION APPLIANCES A. General Requirements for Notification Appliances: Connected to notification appliance signal circuits, zoned as indicated, equipped for mounting as indicated and with screw terminals for system connections. 1. Combination Devices: Factory-integrated audible and visible devices in a single-mounting assembly, equipped for mounting as indicated and with screw terminals for system connections. B. Visible Notification Appliances: Xenon strobe lights comply with UL 1971, with clear or nominal white polycarbonate lens mounted on an aluminum faceplate. The word "FIRE" is engraved in minimum 1-inch high letters on the lens. 1. Rated Light Output: a. 15/30/75/110 cd, selectable in the field. 2. Mounting: Wall or ceiling mounted. Propose to replace in kind where possible. 3. For units with guards to prevent physical damage, light output ratings shall be determined with guards in place. 4. Flashing shall be in a temporal pattern, synchronized with other units. 5. Strobe Leads: Factory connected to screw terminals. 6. Mounting Faceplate: Factory finished, white. C. Voice/Tone Notification Appliances: 1. Comply with UL 1480. 2. Speakers for Voice Notification: Locate speakers for voice notification to provide the intelligibility requirements of the "Notification Appliances" and "Emergency Communications Systems" chapters in NFPA 72. 3. Low-Range Units: Rated 1 to 2 W. 4. Mounting: Flush, semi-recessed or surface mounted. 5. Matching Transformers: Tap range matched to acoustical environment of speaker location. 6. Mounting Faceplate: Factory finished, white. 2.8 ADDRESSABLE INTERFACE DEVICE A. It is the intent for all existing addressable interface devices to remain unless they are found during testing to not be working as they will be compatible with the Simplex 4100ES Fire Alarm Control SECTION 283111 DIGITAL, ADDRESSABLE FIRE-ALARM SYSTEM CUPERTINO SENIOR CENTER Panel. All new addressable interface devices shall be compatible with the Simplex 4100ES Fire Alarm Control Panel. B. General: 1. Include address-setting means on the module. 2. Store an internal identifying code for control panel use to identify the module type. 3. Listed for controlling HVAC fan motor controllers. C. Monitor Module: Microelectronic module providing a system address for alarm-initiating devices for wired applications with normally open contacts. D. Control Module: 1. Operate notification devices. 2.9 TRANSIENT VOLTAGE SURGE SUPPRESSOR A. Signaling Line Circuit Surge Protection. Communications equipment shall be protected against surges induced on any signaling line circuit and shall comply with the applicable requirements of IEEE C62.41.1 and IEEE C62.41.2. Cables and conductors, that serve as communications links, shall have surge protection circuits installed at each end that meet the following waveform(s): 1. A 10 microsecond by 1000 microsecond waveform with a peak voltage of 1500 volts and a peak current of 60 amperes. 2. An 8 microsecond by 20 microsecond waveform with a peak voltage of 1000 volts and a peak current of 500 amperes. Protection shall be provided at the equipment. Additional triple electrode gas surge protectors, rated for the application, shall be installed on each wireline circuit within 3 feet of the building cable entrance. Fuses shall not be used for surge protection. 2.10 DIGITAL ALARM COMMUNICATOR TRANSMITTER A. Digital alarm communicator transmitter shall be acceptable to the remote central station and shall comply with UL 632 and be listed and labeled by an NRTL. B. Functional Performance: Unit shall receive an alarm, supervisory, or trouble signal from fire- alarm control unit and shall utilize GSM (cellular) or Mesh Radio (RF) technology to dial a preset number for a remote central station. When contact is made with central station(s), signals shall be transmitted If service is lost, transmitter shall initiate the local trouble signal. C. Local functions and display at the digital alarm communicator transmitter shall include the following: SECTION 283111 DIGITAL, ADDRESSABLE FIRE-ALARM SYSTEM CUPERTINO SENIOR CENTER 1. Verification of available signal. 2. Programming device. 3. LED display. 4. Manual test report function and manual transmission clear indication. 5. Communications failure with the central station or fire-alarm control unit. D. Digital data transmission shall include the following: 1. Address of the alarm-initiating device. 2. Address of the supervisory signal. 3. Address of the trouble-initiating device. 4. Loss of ac supply or loss of power. 5. Low battery. 6. Abnormal test signal. 7. Communication bus failure. E. Secondary Power: Integral rechargeable battery and automatic charger. F. Self-Test: Conducted automatically every 24 hours with report transmitted to central station. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine areas and conditions for compliance with requirements for ventilation, temperature, humidity, and other conditions affecting performance of the Work. 1. Verify that manufacturer's written instructions for environmental conditions have been permanently established in spaces where equipment and wiring are installed, before installation begins. B. Examine roughing-in for electrical connections to verify actual locations of connections before installation. C. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 EQUIPMENT INSTALLATION A. Comply with NFPA 72, California Building Code, California Fire Code and requirements of authorities having jurisdiction for installation and testing of fire-alarm equipment. Install all electrical wiring to comply with requirements in NFPA 70 including, but not limited to, Article 760, "Fire Alarm Systems." 1. Devices placed in service before all other trades have completed cleanup shall be replaced. SECTION 283111 DIGITAL, ADDRESSABLE FIRE-ALARM SYSTEM CUPERTINO SENIOR CENTER 2. Devices installed but not yet placed in service shall be protected from construction dust, debris, dirt, moisture, and damage according to manufacturer's written storage instructions. B. Connecting to Existing Equipment: Verify that existing fire-alarm system is operational before making changes or connections. 1. Replace existing fire alarm control panel with new fire alarm control panel and connect existing fire alarm circuits to new panel. 2. Connect new addressable modules to existing equipment (kitchen hood systems, dampers, sprinkler system. Etc). 3. Expand, modify, and supplement existing control equipment as necessary to extend existing control functions to the new points. New components shall be capable of merging with existing configuration without degrading the performance of either system. C. Install wall-mounted equipment, with tops of cabinets not more than 78 inches above the finished floor. D. Manual Fire-Alarm Boxes: 1. Install manual fire-alarm box in the normal path of egress within 60 inches of the exit doorway. 2. Mount manual fire-alarm box on a background of a contrasting color. 3. The operable part of manual fire-alarm box shall be between 42 inches and 48 inches above floor level. All devices shall be mounted at the same height unless otherwise indicated. E. Smoke- or Heat-Detector Spacing: 1. Comply with the "Smoke-Sensing Fire Detectors" section in the "Initiating Devices" chapter in NFPA 72, for smoke-detector spacing. 2. Comply with the "Heat-Sensing Fire Detectors" section in the "Initiating Devices" chapter in NFPA 72, for heat-detector spacing. 3. Smooth ceiling spacing shall not exceed 30 feet. 4. HVAC: Locate detectors not closer than 36 inches from air-supply diffuser or return-air opening. 5. Lighting Fixtures: Locate detectors not closer than 12 inches from any part of a lighting fixture and not directly above pendant mounted or indirect lighting. F. Install a cover on each smoke detector that is not placed in service during construction. Cover shall remain in place except during system testing. Remove cover prior to system turnover. G. Remote Status and Alarm Indicators: Install in a visible location near each smoke detector, sprinkler water-flow switch, and valve-tamper switch that is not readily visible from normal viewing position. H. Audible Alarm-Indicating Devices: Install not less than 6 inches below the ceiling. Install speakers on flush-mounted back boxes with the device-operating mechanism concealed behind a grille. Install all devices at the same height unless otherwise indicated. SECTION 283111 DIGITAL, ADDRESSABLE FIRE-ALARM SYSTEM CUPERTINO SENIOR CENTER I. Visible Alarm-Indicating Devices: Install adjacent to each alarm bell or alarm horn and at least 6 inches below the ceiling. Install all devices at the same height unless otherwise indicated. J. Device Location-Indicating Lights: Locate in public space near the device they monitor. 3.3 PATHWAYS A. Pathways shall be installed in EMT. 3.4 CONNECTIONS A. Make addressable connections with a supervised interface device to the following devices and systems. Install the interface device less than 36 inches from the device controlled. Make an addressable confirmation connection when such feedback is available at the device or system being controlled. 1. Supervisory connections at valve supervisory switches. 2. Supervisory connections at low-air-pressure switch of each dry-pipe sprinkler system. 3.5 IDENTIFICATION A. Install framed instructions in a location visible from fire-alarm control unit. 3.6 GROUNDING A. Ground fire-alarm control unit and associated circuits; comply with IEEE 1100. Install a ground wire from main service ground to fire-alarm control unit. B. Ground shielded cables at the control panel location only. Insulate shield at device location. 3.7 FIELD QUALITY CONTROL A. Manufacturer's Field Service: Engage a factory-authorized service representative to test and inspect components, assemblies, and equipment installations, including connections. B. Perform the following tests and inspections 1. Manufacturer's Field Service: Engage a factory-authorized service representative to inspect components, assemblies, and equipment installations, including connections, and to assist in testing. C. Perform the following tests and inspections: 1. Visual Inspection: Conduct visual inspection prior to testing. SECTION 283111 DIGITAL, ADDRESSABLE FIRE-ALARM SYSTEM CUPERTINO SENIOR CENTER a. Inspection shall be based on completed Record Drawings and system documentation that is required by NFPA 72 in its "Completion Documents, Preparation" Table in the "Documentation" Section of the "Fundamentals of Fire Alarm Systems" Chapter. b. Comply with "Visual Inspection Frequencies" Table in the "Inspection" Section of the "Inspection, Testing and Maintenance" Chapter in NFPA 72; retain the "Initial/Reacceptance" column and list only the installed components. 2. Test audible appliances for the public operating mode according to manufacturer's written instructions. Perform the test using a portable sound-level meter complying with Type 2 requirements in ANSI S1.4. 3. Test audible appliances for the private operating mode according to manufacturer's written instructions. 4. Test visible appliances for the public operating mode according to manufacturer's written instructions. 5. Factory-authorized service representative shall prepare the "Fire Alarm System Record of Completion" in the "Documentation" Section of the "Fundamentals of Fire Alarm Systems" Chapter in NFPA 72 and the "Inspection and Testing Form" in the "Records" Section of the "Inspection, Testing and Maintenance" Chapter in NFPA 72. D. Reacceptance Testing: Perform reacceptance testing to verify the proper operation of added or replaced devices and appliances. E. Fire-alarm system will be considered defective if it does not pass tests and inspections. F. Prepare test and inspection reports. G. Maintenance Test and Inspection: Perform tests and inspections listed for weekly, monthly, quarterly, and semiannual periods. Use forms developed for initial tests and inspections. H. Annual Test and Inspection: One year after date of Substantial Completion, test fire-alarm system complying with visual and testing inspection requirements in NFPA 72. Use forms developed for initial tests and inspections. 3.8 MAINTENANCE SERVICE A. Initial Maintenance Service: Beginning at Substantial Completion, maintenance service shall include 12 months' full maintenance by skilled employees of manufacturer's designated service organization. Include preventive maintenance, repair or replacement of worn or defective components, lubrication, cleaning, and adjusting as required for proper operation. Parts and supplies shall be manufacturer's authorized replacement parts and supplies. 1. Include visual inspections according to the "Visual Inspection Frequencies" table in the "Testing" paragraph of the "Inspection, Testing and Maintenance" chapter in NFPA 72. 2. Perform tests in the "Test Methods" table in the "Testing" paragraph of the "Inspection, Testing and Maintenance" chapter in NFPA 72. 3. Perform tests per the "Testing Frequencies" table in the "Testing" paragraph of the "Inspection, Testing and Maintenance" chapter in NFPA 72. SECTION 283111 DIGITAL, ADDRESSABLE FIRE-ALARM SYSTEM CUPERTINO SENIOR CENTER 3.9 SOFTWARE SERVICE AGREEMENT A. Comply with UL 864. B. Technical Support: Beginning at Substantial Completion, service agreement shall include software support for two years. C. Upgrade Service: At Substantial Completion, update software to latest version. Install and program software upgrades that become available within two years from date of Substantial Completion. Upgrading software shall include operating system and new or revised licenses for using software. 1. Upgrade Notice: At least 30 days to allow The City to schedule access to system and to upgrade computer equipment if necessary. 3.10 DEMONSTRATION A. Train The City's maintenance personnel to adjust, operate, and maintain fire-alarm system. END OF SECTION 283111 APPENDIX A APPENDIX A Minority Owned Business/Women Owned Business and Section 3 Certifications and Affirmative Marketing Plan INSTRUCTION: The purpose of the following forms are to document that the prospective bidder has made to the fullest extent possible, good faith efforts to subcontract work to minority-owned businesses/women-owned businesses and to employ low-income local workers for federally funded projects. Good faith efforts must be documented through the completion of the following forms and any primary source documentation of advertisements, postings, and communications shall be submitted to City staff. While it is mandatory to complete the following forms to be considered for the bid, staff will still consider bids which do not meet the benchmark levels as described. The following instructions on how to submit individual forms are as follows: Attachments A, B1, and C must be completed and signed by the contractor at the time of bid submittal. Attachment B2 must be completed and signed by the contractor prior to final payment. If Attachment A indicates that MBE/WBE subcontractors will be used, no primary source documentation of a marketing plan is necessary. If no MBE/WBE subcontractors will be used, documentation of the affirmative marketing plan must be included with bid submittal. If Attachment B1 indicates that the benchmark Section 3 and Targeted Section 3 hours will be worked, no primary source documentation of a marketing plan is necessary. If the benchmark targets are not anticipated to be met, then documentation of the affirmative marketing plan must be included with Attachment B2. Attachment B2 is always required to be submitted prior to final payment to report actual hours worked, regardless if Attachment B1 meets or does not meet the Section 3 benchmarks. Each worker that is a qualified Section 3 Worker or Targeted Section 3 Worker must complete and sign their own copy of the Section 3 Worker and Targeted Section 3 Worker Self Certification Form. Similarly, all businesses that are qualified Section 3 Business Concern must complete and sign their own copy of the Section 3 Business Concern Certification. All copies for Section 3 self certifications must be included with bid submittal. Bids which are unable to use MBE/WBE subcontractors or employ Section 3 workers will not be disqualified as long as good faith efforts to do so are documented and included in bids. NOTICE TO ALL BIDDERS The following documents labeled "MBE/WBE AND SECTION 3 AFFIRMATIVE MARKETING AND OUTREACH PLAN FOR THE CITY OF CUPERTINO" are requirements by the Department of Housing and Urban Development Act of 1968 (Section 3) and 1965 (Executive Order 11246) which the City of Cupertino will enforce during the course of work prescribed in the attached specifications. IT IS HIGHLY RECOMMENDED THAT PROSPECTIVE BIDDERS READ AND BECOME FAMILIAR WITH REGULATIONS AND INSTRUCTIONS RELATING TO THESE REQUIREMENTS WHICH ARE FOUND IN DETAIL AND MADE A PART OF THE SPECIFICATIONS AS FOLLOWS: • MINORITY/WOMEN'S BUSINESS ENTERPRISE REQUIREMENTS • SECTION 3 (LOCAL EMPLOYMENT) REQUIREMENTS To the fullest extent possible, bidders shall make provisions to provide employment opportunities to minority and women owned business enterprises, as well as low income local residents and Section 3 business concerns. A good faith effort shall be documentation of contractor efforts to employ minority/women's businesses and suppliers, and shall furthermore, document efforts to recruit from centralized minority referral sources and local community facilities. For examples of these efforts, refer to “Good Faith Effort” section of this document beginning on page 5. The following Three forms attached to this bid package must be completed and submitted with bid in order to be considered a responsible bid: 1. "MINORITY/WOMEN'S BUSINESS ENTERPRISE CLAUSES" 2. “SECTION 3 EMPLOYMENT AND CONTRACTING PLAN” 3. “MBE/WBE & SECTION 3 BIDDERS CERTIFICATION” If a contractor fails to show a good faith effort as described in this document, and does not complete and identify specific good faith efforts on the three required forms submitted with their bid documents the City of Cupertino reserves the right to reject and disqualify such bids. Contractors that need assistance in interpreting and meeting these requirements should contact the following prior to bid submittal: Nicky Vu Senior Housing Coordinator City of Cupertino (408) 777-1347 NickyV@cupertino.gov MBE/WBE AND SECTION 3 AFFIRMATIVE MARKETING AND OUTREACH PLAN FOR THE CITY OF CUPERTINO Responsibilities and procedures for carrying out the requirements for Minority/Women Business Enterprise outreach (MBE/WBE), and Section 3 employment opportunities for small business and lower income persons in connection with Community Development Block Grant Assisted projects. I. Purpose To ensure that to the greatest extent feasible, projects financed by the City of Cupertino Community Development Block Grant and HOME Program’s provide contract and employment opportunities for MBE/WBE and Section 3 Business Concerns and lower income persons in the City of Cupertino project area. “Minority Business Enterprise” (MBE) or Women Business Enterprise (WBE) means a business enterprise that is owned and controlled by one or more minority or socially and economically disadvantaged persons. Such disadvantage may arise from cultural, racial, chronic economic circumstances or other similar causes. Section 3 business concerns are not tied to race or ethnic origin of the owner. A minority business enterprise must provide evidence that it meets at least one criterion of a Section 3 business concern outlined below in order to receive preference under Section 3. However, the City anticipates that Section 3 will serve to support, and not impede, contract opportunities for minority business enterprises. The MBE designation may provide preferences promoted by other statutes and regulations, such as goals for MBE’s, and other socially and economically disadvantaged businesses. II. Policy and Outreach 1. It shall be the policy of the City of Cupertino: (a) Follow MBE/WBE outreach guidelines, and to comply with Federal regulations as required by Section 3 of the Housing and Urban Development Act of 1968. (b) Include qualified small and minority businesses and women’s business enterprises on solicitation lists. (c) To provide an ongoing program which assures the employment and recruitment of MBE/WBE and Section 3 Business Concerns, as well as opportunities for training and employing lower income persons residing in the service areas. (d) To assure that contracts for work in connection with Community Development Block Grant and HOME projects be awarded to MBE/WBE and Section 3 business concerns where possible. (e) To ensure maximum compliance with MBE/WBE and Section 3 regulations, by requiring a written Affirmative Action Plan with the submission of all bid proposals. (f) The City also recognizes the need for broad outreach, education and training relative to Section 3. The City’s outreach and training efforts will be to establish relationships with organizations that are involved in the regions workforce and small business development efforts. 2. Definitions Business concern – Business entity formed in accordance with State law, and is licensed under State, county, or municipal law to engage in their stated business. Contractor - Individual, company, corporation, partnership, or other entity which performs work in connection with Section 3 covered projects. Safe Harbor Benchmarks – The Section 3 goal of having 25% or more of all labor hours of the project worked by Section 3 workers and having 5% or more of all labor hours of the project worked by Targeted Section 3 workers. Section 3 - Means Section 3 of Housing and Urban Development Act of 1968, 12 U.S.C. 1701 u. Section 3 Business Concerns - Means those business concerns which are 51% or more owned by low-income or very low-income persons, or, those business concerns by which over 75% of all labor hours are performed by Section 3 workers, or, a business in which 51% or more of the company is owned and controlled by current residents of public housing or Section 8-assisted housing. Section 3 Clause - The contract provisions set forth in 24 CFR 75. Section 3 Covered Project – Means the construction or rehabilitation of housing or other public construction assisted with housing or community development assistance. Section 3 Worker – Workers who will be performing labor for the project who are individuals whose income does not exceed 80% (low-income) of the median income of the City of Cupertino, or, a worker employed by a Section 3 business concern, or, is a Youthbuild Participant. Service Area – As it applies to all contracts let by the City of Cupertino, the area within a one mile radius of the project define the ‘Service Area’. Subcontractor - Any properly licensed entity which has agreed to undertake a portion of the contractor obligation. Targeted Section 3 Worker – Workers who will be performing labor for the project who are employed by a Section 3 business concern, or, currently or has lived within the service area or neighborhood of the project as defined in 24 CFR 75.5 in the past 5 years, or, is or has been a Youthbuild Participant in the past 5 years. 3. City outreach efforts for Section 3 Training Potential outreach and educational efforts may include: • Development and distribution of Section 3 informational and educational materials • Providing Section 3 resources on the City’s website • Targeted community group mailings • Media presentations • Section 3 presentations and participation in local community forums • Section 3 job fair and networking opportunities 4. City outreach efforts to attract MBE/WBE/Section 3. Eligible business concerns shall be recruited to bid on Section 3 covered projects by personal contracts, local media, community organizations and public and private institutions which service the City. 5. Bidding Requirements The City of Cupertino requires prospective contractors to make their best efforts to provide employment and subcontracts to business concerns that provide economic opportunity to Section 3 workers. For work in connection with Section 3 covered projects to provide, prior to the signing of the contract, a preliminary statement of total labor hours to be worked on the project, the number of hours to be worked by Section 3 workers, the number of hours to be worked by Targeted Section 3 Workers, and which subcontractors they wish to receive services from which qualify as Section 3 business concerns, such information shall be supplied prior to the signing of any contract between contractors and their subcontractors. III. Specific Section 3 Requirements 1. In all contracts and subcontracts for work in connection with a Section 3 covered project, the following clause (referred to as Section 3 clause) will be included: (a) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (b) The contractor will certify that to the greatest extent possible that they will attempt to meet Safe Harbor Benchmarks per the regulations of 24 C.P.R. part 75. (c) The parties to this contract agree to comply with HUD's regulations in 24 C.F.R. part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with part 75 regulations. (d) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 C.P.R. part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 C.P.R. part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 C.P.R. part 75. (e) Noncompliance with HUD's regulations in 24 C.P.R. part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (f) With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 2. Employment and Training - Utilization of Lower Income Area Residents as Trainees (a) To ensure that each contractor or subcontractor undertaking work in connection with a Section 3 covered project utilizes lower income project area residents as trainees to the greatest extent feasible, the City shall require evidence that effort has been made to meet Safe Harbor Benchmarks; and Nothing in this part shall be construed to require the employment of a section 3 resident who does not meet the qualifications of the position to be filled. 3. Good Faith Effort In order to demonstrate a good faith effort, each contractor or subcontractor shall set forth evidence that it has: (a) Ascertained from HUD-City of Cupertino the boundaries of the service area. (b) Attempted to recruit from the Service Area the necessary number of lower income residents as new hires, through: (1) Local advertising media (2) Signs placed at the proposed site for the project and community organizations and public or private institutions operating within or serving the project area such as: (i) Quinlan Center (ii) City of Cupertino Human Resources Department – Job Board (iii) Public Housing Projects and Affordable Housing Projects (iv) State Employment Development Department (c) Maintained a list of all lower income residents who have applied either on their own or on referral from any source, and employ such persons, if otherwise eligible and if a trainee vacancy exists. (d) Show evidence that it has not filled vacant employment positions in its organization immediately prior to undertaking work in an attempt to circumvent Section 3 regulations. (e) The contractor agrees to send to each labor organization or representative or workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. 4. Utilization of Lower Income Area Residents as Employees This section is referenced on Attachment B SECTION 3 EMPLOYMENT AND CONTRACTING PLAN form included in this document. To ensure that each contractor, or subcontractor, to the greatest extent feasible where opportunities for training and employment exist shall utilize lower income project area residents as employees, the City of Cupertino will require that each contractor or subcontractor: (a) Identify the number of labor hours to be worked in the various occupational categories including skilled, semiskilled and unskilled labor needed to perform each phase of the Section 3 Covered Project. (b) Identify, for the positions noted in paragraph (a) above, the number of hours to be worked by Section 3 workers using definitions consistent with 24 CFR Part 75. (c) Identify, for the positions noted in paragraph (a) above, the number of hours to be worked by Targeted Section 3 workers using definitions consistent with 24 CFR Part 75. (d) Identify, the sub-contractors the applicant wishes to utilize the services of which qualify as Section 3 business concerns using definitions consistent with 24 CFR Part 75; and (e) Make a good faith effort to fill all of the positions identified in paragraph (d) above. 5. Utilization of Section 3 Business Concerns Located in Section 3 Covered Project Area Each contractor, or subcontractor undertaking work on a Section 3 Covered Project shall assure that to the greatest extent feasible contracts for work to be performed in connection with the Section 3 Covered Project, be awarded to Section 3 Business Concerns located within the Section 3 covered project area or owned in substantial part by persons residing in the Section 3 covered area. 6. HUD’s Complaint Process Any Section 3 resident or business may file a complaint alleging noncompliance with Section 3 by a contractor, subcontractor, developer and/or sub-recipient. Complaints will be investigated; if appropriate, voluntary resolutions will be sought. There are appeal rights to the Secretary. Section 3 residents and businesses may also seek judicial relief. Complaints are to be filed in writing to the regional FHEO office. Time of Filing A complaint must be filed with HUD not later than one hundred eighty (180) for Section 3. The grievance period starts the date of the action (or omission) upon which the grievance is based. IV. Record Keeping and Reports 1. Record Keeping Each applicant, recipient, contractor, and subcontractor is required to maintain all records related to the employment and training of low income residents and to compliance with the regulations of Section 3 and MBE/WBE for 5 years after the completion date of the project. These records include Attachments A, B, and C, and may include copies of advertisements placed in local media, brochures or publications, and other materials. 2. Reports Attachment A: MINORITY/WOMEN’S BUSINESS ENTERPRISE REQUIREMENTS Attachment B: SECTION 3 EMPLOYMENT AND CONTRACTING PLAN Attachment C: MBE/WBE & SECTION 3 BIDDERS CERTIFICATION STAFF LISTING Nicky Vu Senior Housing Coordinator City of Cupertino 10300 Torre Ave CA. 95014 408-777-1347 NickyV@cupertino.gov Attachment A MINORITY/WOMEN’S BUSINESS ENTERPRISE REQUIREMENTS CITY OF CUPERTINO (TO BE INCORPORATED IN BID DOCUMENTS) THIS FORM MUST BE COMPLETED AND SUBMITTED WITH BID. INCOMPLETE FORMS WILL BE CONSIDERED NON-RESPONSIVE. 1. It is the policy of the City of Cupertino to take positive steps to maximize the utilization of minority and women’s business enterprises in all contract activity administered. 2. The contractor will utilize his/her best efforts to carry out this policy in the award of his/her subcontracts including material supply contracts, to the fullest extent consistent with the efficient performance of this contract. As used in this contract, the term “minority or women’s business enterprise” means a business, at least 50 percent of which is owned by minority group members or women or, in the case of publicly owned businesses, at least 51 percent of the stock is owned by minority group members or women. For the purposes of this definition, minority group members are Black, Hispanic, Asian, Native Americans or Pacific Islanders. 3. THE CONTRACTOR WILL SUBMIT THE FOLLOWING STATEMENT AS PART OF HIS/HER SEALED BID: I have taken affirmative action to seek out and consider minority and women’s business enterprises for the portions of work to be subcontracted including material supply contracts. Such actions are fully documented and attached. Results are as follows: Name & Address of Minority/Women’s Firms Contractor Anticipates Utilizing* Indicate MBE/WBE add ethnicity Type of Work/ Material to be Supplied Subcontractor/ Supplier Contract Amount Contractor Total Bid Amount:__________________________ Total Subcontracted Amount :__________________________ Total Minority/Women’s Enterprise of Subcontracted Amount:___________________ _____ _______ Name of Contractor Contractor Signature Attachment B1 SECTION 3 EMPLOYMENT AND CONTRACTING PLAN CITY OF CUPERTINO (TO BE SUBMITTED WITH BID) THIS FORM MUST BE COMPLETED AND SUBMITTED WITH BID. INCOMPLETE FORMS WILL BE CONSIDERED NON-RESPONSIVE. 1. Contractor Name:____________________________________________________________ 2. Project Title/Number: _________________________________________________ 3. Final Contract Amount: _________________________ HUD has established the Safe Harbor Benchmarks – The Section 3 goal is 25% or more of all labor hours worked by Section 3 workers and 5% or more of all labor hours worked by Targeted Section 3 workers. Contractors must estimate the Section 3 labor hours in the chart below: Safe Harbor Benchmarks Estimated Total Labor Hours (A) 10 Section 3 Worker Hours (B) Total Labor Hours X .25 Targeted Section 3 Worker Hours (C) Total Labor Hours X .05 (Enter estimated total labor hours on line A and calculate Section 3 Benchmark hours on lines B and C) Contractors shall make every effort feasible to meet the benchmark by using the existing qualified workforce and by considering qualified Section 3 workers before any other person when hiring additional employees to complete the proposed work. If they are not met, contractors must demonstrate why meeting the benchmarks were not feasible and demonstrate the efforts they took to meet the targets. Examples of good faith efforts to meet the benchmarks include the following: • Outreach efforts to generate job applicants who are Public Housing Targeted Workers. • Outreach efforts to generate job applicants who are Other Funding Targeted Workers. • Direct, on-the-job training (including apprenticeships). • Indirect training such as arranging for, contracting for, or paying tuition for, off-site training. • Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching). • Outreach efforts to identify and secure bids from Section 3 business concerns. • Technical assistance to help Section 3 business concerns understand and bid on contracts. • Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns. • Held one or more job fairs. • Bonding assistance, guarantees, or other efforts to support viable bids from Section 3 business concerns. • Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses. • Outreach, engagement or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act. Contractor anticipates using the services of the following small businesses which are Section 3 business concerns, as subcontractors: (Attach a separate sheet if more space is needed) All subcontractors engaged by Contractor must also agree to comply with the Section 3 Plan presented above. Contractor agrees to undertake a good faith effort to comply with all provisions of Section 3 of the Housing and Urban Development Act of 1968. NAME: ____________________________ TITLE: _______________________________ SIGNATURE:___________________________________________ The City of Cupertino Section 3 Worker Certification Eligibility Guidelines The worker’s income must be at or below the amount provided below for an individual (household of 1) regardless of actual household size. Individual Income Limits See Section 3 Worker Definition: • A low or very low-income resident (the worker’s income for the previous or annualized calendar year is below the income limit established by HUD); or • Employed by a Section 3 business concern; or • A YouthBuild participant. Targeted Section 3 Worker Definition (for housing and community development) • Employed by a Section 3 business concern or • Currently meets or when hired met at least one of the following categories as documented within the past five years: o Living within the service area or the neighborhood of the project, as defined in 24 CFR 75.5 • A YouthBuild participant. City of Cupertino Low Income Limits (80%) $104,100 Section 3 Worker and Targeted Section 3 Worker Self Certification Form The purpose of HUD’s Section 3 program is to provide employment, training and contract ing opportunities to low-income individuals, particularly those who are recipients of government assistance for housing or other public assistance programs. Your response is voluntary, confidential, and has no effect on your employment. Eligibility for Section 3 Worker or Targeted Section 3 Worker Status A Section 3 worker seeking certification shall self-certify and submit this form to the recipient contractor or subcontractor, that the person is a Section 3 worker or Targeted Section 3 Worker as defined in 24 CFR Part 75. Instructions: Enter/select the appropriate information to confirm your Section 3 worker or Targeted Section 3 Worker status. Employee Name: 1. Are you an employee of a Section 3 business concern? ☐YES ☐NO 2. Do you live within one mile of the project location? ☐YES ☐NO 3. Are you a Youthbuild participant? ☐YES ☐NO 4. In the field below enter in your estimated annual income: _____________________________________________________________________________________________ Select from ONE of the following two options below: I qualify as a: ☐ Section 3 Worker (see page 1) ☐ Targeted Section 3 Worker (see page 1) Employee Affirmation I affirm that the above statements (on frontside of this form) are true, complete, and correct to the best of my knowledge and belief. I hereby certify, under penalty of law, that the following information is correct to the best of my knowledge. Employee Address: ________________________________________________________ Print Name: ______________________________ Date Hired: _______________________ Signature: _________________________________Date: _____________ _________ FOR ADMINISTRATIVE USE ONLY Is the employee a Section 3 worker based upon their self-certification? □YES □NO Is the employee a Targeted Section 3 worker based upon their self-certification? □YES □NO Was this an applicant who was hired as a result of the Section 3 project? □YES □NO If Yes, what is the name of the company? _____________________ What was the date of hire? ____________________ EMPLOYERS MUST RETAIN THIS FORM IN THEIR SECTION 3 COMPLIANCE FILE FOR FIVE YEARS Section 3 Business Concern Certification Instructions: Enter the following information and select the criteria that applies to certify your business’ Section 3 Business Concern status. Business Information Name of Business Address of Business _____________________________________ Name of Business Owner ____________________________________ Phone Number of Business Owner Email Address of Business Owner Preferred Contact Information ☐ Same as above Name of Preferred Contact ________ Phone Number of Preferred Contact _____ Type of Business (select from the following options): ☐Corporation ☐Partnership ☐Sole Proprietorship ☐Joint Venture Select from ONE of the following three options below that applies: ☐ At least 51 percent of the business is owned and controlled by low- or very low-income persons (Refer to income guidelines on page 4). ☐ At least 51 percent of the business is owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing. ☐ Over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers (Refer to definition on page 4). Business Concern Affirmation I affirm that the above statements (on the frontside of this form) are true, complete, and correct to the best of my knowledge and belief. I understand that businesses who misrepresent themselves as Section 3 business concerns and report false information to [insert name of recipient/grantee] may have their contracts terminated as default and be barred from ongoing and future considerations for contracting opportunities. I hereby certify, under penalty of law, that the following information is correct to the best of my knowledge. . Print Name: ____________________ ___________ Signature: ________________________________ Date: *Certification expires within six months of the date of signature Information regarding Section 3 Business Concerns can be found at 24 CFR 75.5 FOR ADMINISTRATIVE USE ONLY Is the business a Section 3 business concern based upon their certification? □YES □NO EMPLOYERS MUST RETAIN THIS FORM IN THEIR SECTION 3 COMPLIANCE FILE FOR FIVE YEARS. Attachment B2 SECTION 3 EMPLOYMENT AND CONTRACTING PLAN CITY OF CUPERTINO (TO BE COMPLETED AT PROJECT COMPLETION) THIS FORM MUST BE COMPLETED AND SUBMITTED BEFORE FINAL PAYMENT. INCOMPLETE FORMS WILL BE RETURNED FOR COMPLETION. 1. Contractor Name:____________________________________________________________ 2. Project Title/Number: _________________________________________________ 3. Final Contract Amount: _________________________ HUD has established the Safe Harbor Benchmarks – The Section 3 goal is 25% or more of all labor hours worked by Section 3 workers and 5% or more of all labor hours worked by Targeted Section 3 workers. Contractors must report the actual Section 3 labor hours in the chart below: Actual Labor Hours Safe Harbor Benchmark Actual Labor Hour Percentage Total Labor Hours n/a Section 3 Worker Hours 25% Targeted Section Worker This section below is required if based on the labor hours reporting above, the contractor did not meet the safe harbor benchmarks. The contractor must provide documentation of their best efforts to meet the benchmarks and provide an explanation why meeting the benchmarks was not feasible. Check all that apply. Maintain records available for City and HUD review to document efforts checked. Please provide explanation as to why meeting the Safe Habor Benchmarks was not feasible: ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ The contractor certifies that the above is correct. NAME: ____________________________ TITLE: _______________________________ SIGNATURE:___________________________________________ Attachment C The City of Cupertino Community Development Department 10300 Torre Ave Cupertino, CA 95014 THIS FORM TO BE COMPLETED AND SUBMITTED WITH BID. INCOMPLETE FORMS WILL BE CONSIDERED NON-RESPONSIVE. MBE/WBE & Section 3 Bidders Certification Name of Company __________________________________________________ Address __________________________________________________________ Project Title _______________________________________________________ Project Number ____________________ This is to certify that I have read and understand the MBE/WBE requirements as well as the Section 3 resident employment and Section 3 resident business utilization requirements that apply to the above cited project. Said requirements being known as the MBE/WBE Policies found at 24 CFR Part 85, section 36, and Section 3 Clause found in 24 CFR 75 and that neither the project nor the company is under any contractual restrictions or other disabilities which would prevent the company from complying with said requirements. Signature of Company Officer _______________________________________ Name and Title of Officer ___________________________________________ Date _______________________ APPENDIX B Cu p e r t i n o , C A 9 5 0 1 4 FIELD DOCUMENTED Holmes 235 Montgomery Street - Suite 1250 San Francisco, CA 94104 415.693.1600 Cupertino, CA 95014 21251 Stevens Creek Blvd. EXISTING CONDITIONS 21 2 5 1 S t e v e n s C r e e k B l v d . EX I S T I N G C O N D I T I O N S FIELD INVESTIGATION INFORMATION 18141 Irvine Blvd., Tustin, CA 92780-3408 www.arc-corporate.com 949.851.8115 Cupertino Senior Center JH, CP FIELD QC BY GV OFFICE QC BY JH / JV HOL03-002.01 Field investigation period of performance: 2024-12-18 thru 2024-12-20 Name of field technician(s):Genaro Vargas Intent:The intent of this field investigation was to document existing conditions for design and planning purposes only. Use of this data for other purposes is not recommended and may not be suitable for other than the intended use. Method of measure:Measurements have been taken with the following methods: 3DLS (3D Laser Scanning). Unexposed conditions:Unexposed conditions have not been documented. Only conditions that were observable by a direct line of sight have been illustrated. Survey Control:Survey control was not required and was not utilized for this project. Project base level is set at 0,0,0. Bench Marks:No physical benchmarks or control points have been set or tied into in the field. Coordinates:Tie-in to specific coordinates was not specified. Project coordinates do not relate to any real world geo-referenced coordinate. Note:Plans have been prepared in an ortho fashion and do not represent real world out-of-plumb conditions. Any resultant error has been reduced through best practice methodologies and is considered to be within a reasonable standard of care. DISCLAIMER ARC is NOT a licensed land or civil surveying company and does not provide services that require these licensures. ARC does employ licensed architects and per Cal. Bus. & Prof. Code §5500.1 may offer the following professional services: (1)Investigation, evaluation, consultation, and advice. (2)Planning, schematic and preliminary studies, designs, working drawings, and specifications. (3)Coordination of the work of technical and special consultants. (4)Compliance with generally applicable codes and regulations, and assistance in the governmental review process. (5)Technical assistance in the preparation of bid documents and agreements between clients and contractors. (6)Contract administration. (7)Construction observation. ARC's professional services include existing conditions Building Documentation for the purpose of the planning of sites and the design, in whole or in part, of buildings, or groups of buildings and structures. The site plans ARC creates are NOT considered surveys for legal purposes and do not determine legal boundaries, or property lines. ARC may document physical elements such as fences, sidewalks, street curbs, etc., but does not document how these elements relate to the legal boundary/property lines. ARC may from time-to-time sub-contract with specialty consultants such as licensed professional land surveyors for the purpose of investigating, evaluating, preparing, coordinating and carrying out its professional services. 1 CL 0 0 000 0 000 0 000 0 000 0 000 ROOM NAME 1 00 00 00 00 00 00 00 00 000 0 ALIGN COVER SHEET XC-C N.T.S. CP001 ST001 SS001 OfficeOFF. GroundGND. Grade Gypsum Horizontal Hollow Core Hardwood Hardware Hollow Metal Hose Bibb Height Hour HORIZ. HDWE. HGT. H.M. HR. GYP. HDWD. GR. H.C. H.B. Gauge Galvanized Grab Bar Glass Face of Finish Face of Stud Fireproof Footing Future Furring Foot or Feet Full Size Face of Concrete FURR. GALV. G.B. GA. GL. FUT. F.O.C. F.O.S. FPRF. F.O.F. FTG. FT. F.S. Towel Bar Tongue and Groove Toilet Paper Dispenser Top of Pavement Top of Wall Top of Curb T.P. T.V. TYP. T.W. T.P.D. Television Typical T.B. T.C. T. & G. THK. TER. TEL. TRD.Tread Thick Telephone Terrazzo Dry Standpipe RedwoodRWD. ExistingEXST. Exposed Flat Bar Fire Alarm Exterior Expansion Floor Finish Foundation Fire Extinguisher Fluorescent Flashing Fire Extinguisher Cab Fire Hose Cabinet Floor Drain FDN. F.E.C. F.H.C. FLUOR. FLASH. F.E. FIN. FL. F.D. EXPO. EXP. EXT. F.B. F.A. East Each Drawing Electrical Elevator Elevation Emergency Enclosure Expansion Joint Equal Equipment Electric Water Cooler Electrical Panelboard ELEC. ENCL. EMER. ELEV. EQPT. E.W.C. EQ. E.P. DWG E. EA. EL. E.J. SIM.Similar Sanitary Napkin Receptacle Service Sink Stainless Steel Specification Sanitary Napkin Dispenser Symmetrical Suspended STOR. STRL. STL. STD. SYS. SUSP. Standard Structural Storage Steel SQ. STA. SPEC. S.ST. S.SNK. S.N.R. S.N.D. Square Station Soap Dispenser Solid Core Seat Cover Dispenser Rain Water Leader S.D. SH. SHT. SHR. SECT. Sheet Shower Shelf Section R.W.L. S. S.C.D. SCHED. S.C. South Schedule CenterCTR. Double Detail Department Dimension Diameter Down Drawer Door Dispenser Downspout Door Opening Drinking Fountain DIM. DISP. DWR. D.S.P. D.O. DN. DS. DR. DBL. DEPT. D.F. DET. DIA. Calking Closet Ceiling Cast Iron Corner Guard Cased Opening Construction Continuous Column Concrete Connection Counter Corridor Countersunk Clear COL. CONC. CONN. CONT. CONSTR. CORR. CNTR. CTSK. CLO. CLKG. CLG. CLR. C.G. C.I. C.O. Quarry Tile Roof Drain Reinforced Rough Opening Refrigerator ReferenceREF. REINF. RGTR. RM. RESIL. REQ. R.O. REFR. Room Resilient Required Register Q.T. R. R.D. RAD. Riser Radius Plastic Laminate Paper Towel Receptacle Combination Paper Towel Paper Towel Dispenser PlywoodPLYWD. PT. P.T.D PR. PTN. P.T.R. P.T.D/R Point Pair Partition OPNG. OPP. PRCT. PLAS. P.LAM. Pre-cast Opening Opposite Plaster IDENTIFICATION IDENTIFICATION ALIGN REVISION REVISION (DELTA) NO. CLOUD INDICATES EXTENT OF REVISION ACCESSORY REFERENCE IDENTIFICATION CASEWORK MODULE SPEC SECTION FINISH MATERIAL IDENTIFICATION FINISH GROUP IDENTIFICATION FURNITURE EQUIPMENT WINDOW DOOR KEYNOTE LaminateLAM. Between Block Bottom Beam Blocking Building Bituminous Cabinet Cement Catch Basin Ceramic BoardBRD. BTWN CEM. CAB. CER. C.B. BLK. BLDG. BOT. BLKG. BITUM. BM. Above Air Conditioning Above Finish Floor Anodized Acoustical Adjustable Aluminum Aggregate Area Drain Asphalt Architectural Asbestos Approximate ANOD. AGGR. ASB. ARCH. ASPH. APPROX. AL. A.F.F. ACOUS A/C ABV. A.D. ADJ. M.O.Masonry Opening Not To Scale On Center Not In Contract Outside Diameter (Dim.) NominalNOM. N.T.S. O.A. O.C. O.D. OBS.Obscure Overall MUL. MTD. N. N.I.C. NO. or # Mounted Mullion North Number Manufacturer Mechanical Membrane Miscellaneous MECH. MET. MEMB. MH. MIN. MFR. MIR. MISC. Metal Manhole Minimum Mirror LT. LKR. MAX. LAV. M.C. Light Maximum Locker Lavatory Medicine Channel Foot (Feet) Perpendicular Inch (Inches) Angle Existing Square Feet Centerline Diameter or Round Pound or Number ' T " Ø (E) # @ & At And Laboratory Inside Diameter (Dim.) JT. Jan. KIT. LAB. Joint Janitor Kitchen I.D. INSUL. INT. Insulation Interior SECTION REFERENCE NORTH ARROW ROOM NAME BUILDING SECTION ELEVATION (INT. / EXT.) DETAIL MARKER ROOM NUMBER ROOM NAME ROOM NAME SHEET NUMBER SHEET NUMBER DETAIL NUMBER SHEET NUMBER ELEVATION REFERENCE COLUMN GRIDLINE MATCHLINE GRIDLINE REFERENCE EXISTING CONDITIONS - ARCHITECTURAL ABBREVIATIONS DRAWING SYMBOLS SHEET INDEX (TOTAL 4 SHEETS) (TOTAL 3 SHEETS) (TOTAL 1 SHEET) COVER SHEET Sheet No.Sheet Name Scale XC-01 Ground Level Plan 1/8"=1'-0" XC-02 Mechanical Level Plan 1/8"=1'-0" XC-03 Ground Level Reflected 1/8"=1'-0" Ceiling Plan Sheet No.Sheet Name XC-C Cover Sheet SECTION REFERENCEWALL SECTION SHEET NUMBER U.O.N.Unless Otherwise Noted Waterproof Water Closet WithW/ WD. WP WT. W/O WSCT. W.C. Wood Without Wainscot Weight UR. VERT. W. VEST. Urinal Vertical West Vestibule UnfinishedUNF. SITE REFERENCE MAP 3D VIEW FIELD DOCUMENTED 21251 Stevens Creek Blvd., Cupertino, CA 95014 Cupertino Senior Center EXISTING CONDITIONS CONTROL POINT SCANNER TARGET SCANNER SPHERE VICINITY MAP IDENTIFICATION IDENTIFICATION IDENTIFICATION IDENTIFICATION IDENTIFICATION PROJECT LOCATION MAP 280 F W Y 85 F W Y 85 F W Y 280 FWY Stevens Creek Blvd.Stevens Creek Blvd. Mary Ave. A A B C C D D E E F F H H J J K K 11 44 55 5.2 5.6 6 77 3 2 GB WH FIRE RISER DN 1 1 2 3 3 3 33 4 5 5 6 7 11 16 17 17 16 18 13 13 13 13 21 TYP. DN 11 ARTS ROOM 139 CLASSROOM 138 CLASSROOM 136 TECHNOLOGY ROOM 137 CORRIDOR-B 126 STORAGE 135 WOMEN'S TOILET-B 132 ELEC. 133 VEST. 130 MEN'S TOILET-B 131 JANITOR 127 UNISEX TOILET 128 W.H. 134 EXERCISE ROOM 125 STORAGE 119 OFFICE 117 STORAGE 124 WORK ROOM 120 TRAVEL OFFICE 121 VOLUNTEER COORD. OFFICE 123 DIRECTOR'S OFFICE 122 LOBBY 114 OFFICE 112 OFFICE 113 PANTRY 104 CONF. ROOM 111 OFFICE 118 TEL. 129 LOBBY ALCOVE 109 CORRIDOR-A 108 COAT ROOM 110 STORAGE 102 RECEPTION HALL 101 MEN'S TOILET-A 107 WOMEN'S TOILET-A 106 STORAGE 101A STORAGE 101B RECEPTION 115 JANITOR 105 RECEP. ALCOVE 116 KITCHEN 103 GROUND LEVEL PLAN 0'4'16'32'8' Cu p e r t i n o , C A 9 5 0 1 4 FIELD DOCUMENTED Holmes 235 Montgomery Street - Suite 1250 San Francisco, CA 94104 415.693.1600 Cupertino, CA 95014 21251 Stevens Creek Blvd. EXISTING CONDITIONS 21 2 5 1 S t e v e n s C r e e k B l v d . EX I S T I N G C O N D I T I O N S FIELD INVESTIGATION INFORMATION 18141 Irvine Blvd., Tustin, CA 92780-3408 www.arc-corporate.com 949.851.8115 Cupertino Senior Center JH, CP FIELD QC BY GV OFFICE QC BY JH / JV HOL03-002.01 Field investigation period of performance: 2024-12-18 thru 2024-12-20 Name of field technician(s):Genaro Vargas Intent:The intent of this field investigation was to document existing conditions for design and planning purposes only. Use of this data for other purposes is not recommended and may not be suitable for other than the intended use. Method of measure:Measurements have been taken with the following methods: 3DLS (3D Laser Scanning). Unexposed conditions:Unexposed conditions have not been documented. Only conditions that were observable by a direct line of sight have been illustrated. Survey Control:Survey control was not required and was not utilized for this project. Project base level is set at 0,0,0. Bench Marks:No physical benchmarks or control points have been set or tied into in the field. Coordinates:Tie-in to specific coordinates was not specified. Project coordinates do not relate to any real world geo-referenced coordinate. Note:Plans have been prepared in an ortho fashion and do not represent real world out-of-plumb conditions. Any resultant error has been reduced through best practice methodologies and is considered to be within a reasonable standard of care. DISCLAIMER ARC is NOT a licensed land or civil surveying company and does not provide services that require these licensures. ARC does employ licensed architects and per Cal. Bus. & Prof. Code §5500.1 may offer the following professional services: (1)Investigation, evaluation, consultation, and advice. (2)Planning, schematic and preliminary studies, designs, working drawings, and specifications. (3)Coordination of the work of technical and special consultants. (4)Compliance with generally applicable codes and regulations, and assistance in the governmental review process. (5)Technical assistance in the preparation of bid documents and agreements between clients and contractors. (6)Contract administration. (7)Construction observation. ARC's professional services include existing conditions Building Documentation for the purpose of the planning of sites and the design, in whole or in part, of buildings, or groups of buildings and structures. The site plans ARC creates are NOT considered surveys for legal purposes and do not determine legal boundaries, or property lines. ARC may document physical elements such as fences, sidewalks, street curbs, etc., but does not document how these elements relate to the legal boundary/property lines. ARC may from time-to-time sub-contract with specialty consultants such as licensed professional land surveyors for the purpose of investigating, evaluating, preparing, coordinating and carrying out its professional services. 1/8" = 1'-0" A-1 GROUND LEVEL PLAN XC-02 1/8"=1'-0" LEGEND COLUMN GRID LINE0 ROOM ID TAG NAME TOP NAME BOTTOM RM # GAS FIREPLACE KITCHEN EQUIPMENT MOVABLE PARTITION RECEPTION DESK DISPLAY CABINET SHOE RACK DRINKING FOUNTAIN 1 2 3 4 5 6 7 PULL-DOWN SCREEN PROJECTER8 SURFACE MOUNT LIGHT FIXTURE9 LADDER MECHANICAL EQUIPMENT10 ROOF DRAIN 11 12 STRUCTURE ABOVE13 STRUCTURE BELOW14 15 SUSPENDED FLUORESCENT LIGHT FIXTURE 16 UTILITY SINK 17 ROLL-UP DOOR 18 UTILITY CONNECTION 19 EXHAUST FAN 20 ATTIC VENT 21 CONCRETE BOLLARD KEYNOTES A A B C C D D E E F F H H J J K K 11 44 55 5.2 5.6 6 77 3 2 GB MECHANICAL LEVEL 200 ATTIC #1 201 11 10 14 14 14 14 19 TYP. TYP. 12 19 20 -0' - 3" -0' - 4" +6' - 4" +6' - 4" +6' - 4" +6' - 4" MECHANICAL LEVEL PLAN 0'4'16'32'8' Cu p e r t i n o , C A 9 5 0 1 4 FIELD DOCUMENTED Holmes 235 Montgomery Street - Suite 1250 San Francisco, CA 94104 415.693.1600 Cupertino, CA 95014 21251 Stevens Creek Blvd. EXISTING CONDITIONS 21 2 5 1 S t e v e n s C r e e k B l v d . EX I S T I N G C O N D I T I O N S FIELD INVESTIGATION INFORMATION 18141 Irvine Blvd., Tustin, CA 92780-3408 www.arc-corporate.com 949.851.8115 Cupertino Senior Center JH, CP FIELD QC BY GV OFFICE QC BY JH / JV HOL03-002.01 Field investigation period of performance: 2024-12-18 thru 2024-12-20 Name of field technician(s):Genaro Vargas Intent:The intent of this field investigation was to document existing conditions for design and planning purposes only. Use of this data for other purposes is not recommended and may not be suitable for other than the intended use. Method of measure:Measurements have been taken with the following methods: 3DLS (3D Laser Scanning). Unexposed conditions:Unexposed conditions have not been documented. Only conditions that were observable by a direct line of sight have been illustrated. Survey Control:Survey control was not required and was not utilized for this project. Project base level is set at 0,0,0. Bench Marks:No physical benchmarks or control points have been set or tied into in the field. Coordinates:Tie-in to specific coordinates was not specified. Project coordinates do not relate to any real world geo-referenced coordinate. Note:Plans have been prepared in an ortho fashion and do not represent real world out-of-plumb conditions. Any resultant error has been reduced through best practice methodologies and is considered to be within a reasonable standard of care. DISCLAIMER ARC is NOT a licensed land or civil surveying company and does not provide services that require these licensures. ARC does employ licensed architects and per Cal. Bus. & Prof. Code §5500.1 may offer the following professional services: (1)Investigation, evaluation, consultation, and advice. (2)Planning, schematic and preliminary studies, designs, working drawings, and specifications. (3)Coordination of the work of technical and special consultants. (4)Compliance with generally applicable codes and regulations, and assistance in the governmental review process. (5)Technical assistance in the preparation of bid documents and agreements between clients and contractors. (6)Contract administration. (7)Construction observation. ARC's professional services include existing conditions Building Documentation for the purpose of the planning of sites and the design, in whole or in part, of buildings, or groups of buildings and structures. The site plans ARC creates are NOT considered surveys for legal purposes and do not determine legal boundaries, or property lines. ARC may document physical elements such as fences, sidewalks, street curbs, etc., but does not document how these elements relate to the legal boundary/property lines. ARC may from time-to-time sub-contract with specialty consultants such as licensed professional land surveyors for the purpose of investigating, evaluating, preparing, coordinating and carrying out its professional services. 1/8" = 1'-0" A-1 MECHANICAL LEVEL PLAN XC-02 1/8"=1'-0" LEGEND COLUMN GRID LINE0 ROOM ID TAG NAME TOP NAME BOTTOM RM # FLUORESCENT LIGHT WALL MOUNTED LIGHT FIXTURES GAS FIREPLACE KITCHEN EQUIPMENT MOVABLE PARTITION RECEPTION DESK DISPLAY CABINET SHOE RACK DRINKING FOUNTAIN 1 2 3 4 5 6 7 PULL-DOWN SCREEN PROJECTER8 SURFACE MOUNT LIGHT FIXTURE9 LADDER MECHANICAL EQUIPMENT10 ROOF DRAIN 11 12 STRUCTURE ABOVE13 STRUCTURE BELOW14 15 SUSPENDED FLUORESCENT LIGHT FIXTURE 16 UTILITY SINK 17 ROLL-UP DOOR 18 UTILITY CONNECTION 19 EXHAUST FAN 20 ATTIC VENT 21 CONCRETE BOLLARD KEYNOTES A A B C C D D E E F F H H J J K K 11 44 55 5.2 5.6 6 77 3 2 GB 3 3 1 1 8 8 8 8 SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD 9 9 9 9 9 13 13 13 13 15 WH FIRE RISER ARTS ROOM 139 CLASSROOM 138 CLASSROOM 136 TECHNOLOGY ROOM 137 CORRIDOR-B 126 STORAGE 135 WOMEN'S TOILET-B 132 ELEC. 133 VEST. 130 MEN'S TOILET-B 131 JANITOR 127 UNISEX TOILET 128 W.H. 134 EXERCISE ROOM 125 STORAGE 119 OFFICE 117 STORAGE 124 WORK ROOM 120 TRAVEL OFFICE 121 VOLUNTEER COORD. OFFICE 123 DIRECTOR'S OFFICE 122 LOBBY 114 OFFICE 112 OFFICE 113 PANTRY 104 CONF. ROOM 111 OFFICE 118 TEL. 129 LOBBY ALCOVE 109 CORRIDOR-A 108 COAT ROOM 110 STORAGE 102 RECEPTION HALL 101 MEN'S TOILET-A 107 WOMEN'S TOILET-A 106 STORAGE 101A STORAGE 101B RECEPTION 115 JANITOR 105 RECEP. ALCOVE 116 KITCHEN 103 GROUND LEVEL REFLECTED CEILING PLAN 0'4'16'32'8' Cu p e r t i n o , C A 9 5 0 1 4 FIELD DOCUMENTED Holmes 235 Montgomery Street - Suite 1250 San Francisco, CA 94104 415.693.1600 Cupertino, CA 95014 21251 Stevens Creek Blvd. EXISTING CONDITIONS 21 2 5 1 S t e v e n s C r e e k B l v d . EX I S T I N G C O N D I T I O N S FIELD INVESTIGATION INFORMATION 18141 Irvine Blvd., Tustin, CA 92780-3408 www.arc-corporate.com 949.851.8115 Cupertino Senior Center JH, CP FIELD QC BY GV OFFICE QC BY JH / JV HOL03-002.01 Field investigation period of performance: 2024-12-18 thru 2024-12-20 Name of field technician(s):Genaro Vargas Intent:The intent of this field investigation was to document existing conditions for design and planning purposes only. Use of this data for other purposes is not recommended and may not be suitable for other than the intended use. Method of measure:Measurements have been taken with the following methods: 3DLS (3D Laser Scanning). Unexposed conditions:Unexposed conditions have not been documented. Only conditions that were observable by a direct line of sight have been illustrated. Survey Control:Survey control was not required and was not utilized for this project. Project base level is set at 0,0,0. Bench Marks:No physical benchmarks or control points have been set or tied into in the field. Coordinates:Tie-in to specific coordinates was not specified. Project coordinates do not relate to any real world geo-referenced coordinate. Note:Plans have been prepared in an ortho fashion and do not represent real world out-of-plumb conditions. Any resultant error has been reduced through best practice methodologies and is considered to be within a reasonable standard of care. DISCLAIMER ARC is NOT a licensed land or civil surveying company and does not provide services that require these licensures. ARC does employ licensed architects and per Cal. Bus. & Prof. Code §5500.1 may offer the following professional services: (1)Investigation, evaluation, consultation, and advice. (2)Planning, schematic and preliminary studies, designs, working drawings, and specifications. (3)Coordination of the work of technical and special consultants. (4)Compliance with generally applicable codes and regulations, and assistance in the governmental review process. (5)Technical assistance in the preparation of bid documents and agreements between clients and contractors. (6)Contract administration. (7)Construction observation. ARC's professional services include existing conditions Building Documentation for the purpose of the planning of sites and the design, in whole or in part, of buildings, or groups of buildings and structures. The site plans ARC creates are NOT considered surveys for legal purposes and do not determine legal boundaries, or property lines. ARC may document physical elements such as fences, sidewalks, street curbs, etc., but does not document how these elements relate to the legal boundary/property lines. ARC may from time-to-time sub-contract with specialty consultants such as licensed professional land surveyors for the purpose of investigating, evaluating, preparing, coordinating and carrying out its professional services. 1/8" = 1'-0" A-1 GROUND LEVEL REFLECTED CEILING PLAN XC-03 1/8"=1'-0" LEGEND COLUMN GRID LINE0 ROOM ID TAG NAME TOP NAME BOTTOM RM # SUPPLY S SD FLUORESCENT LIGHT FIXTURES RECESS PRISMATIC LIGHT - 1'X4' RECESS PRISMATIC LIGHT - 2'X4' RECESS INDIRECT LIGHT - 2'X2' PENDANT LIGHT SIZES VARY DOWN LIGHT SIZES VARY PENDANT LIGHTS & DOWNLIGHTS FLUORESCENT LIGHT WALL MOUNTED LIGHT FIXTURES TUBE SURFACE MOUNT SIZES VARY STRIP / SHOP LIGHT FIXTURES HVAC GRILLS & DIFFUSERS 2'X2' RETURN GRILL 2'X2' SUPPLY DIFFUSER SUPPLY REGISTER, SIZE VARIES WALL MOUNT SUPPLY DIFFUSER LINEAR DIFFUSER CEILING FAN CEILING ACCESSORIES SPEAKER ACCESS PANEL SIZES VARY CEILING MOUNT DEVICES EXIT SIGN FIRE SPRINKLER SMOKE DETECTOR RECESS INDIRECT LIGHT - 2'X4' 1'X1' EXHAUST GRILL SIZES VARY GAS FIREPLACE KITCHEN EQUIPMENT MOVABLE PARTITION RECEPTION DESK DISPLAY CABINET SHOE RACK DRINKING FOUNTAIN 1 2 3 4 5 6 7 PULL-DOWN SCREEN PROJECTER8 SURFACE MOUNT LIGHT FIXTURE9 LADDER MECHANICAL EQUIPMENT10 ROOF DRAIN 11 12 STRUCTURE ABOVE13 STRUCTURE BELOW14 15 SUSPENDED FLUORESCENT LIGHT FIXTURE 16 UTILITY SINK 17 ROLL-UP DOOR 18 UTILITY CONNECTION 19 EXHAUST FAN 20 ATTIC VENT 21 CONCRETE BOLLARD KEYNOTES Rex Moore Group, Inc. for Senior Center Fire Alarm System Replacement Final Audit Report 2025-07-24 Created:2025-07-14 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAUG5bjgLANIGqW_2XKWodcAOndCvFlrVr "Rex Moore Group, Inc. for Senior Center Fire Alarm System Re placement" History Document digitally presigned by James Bannister (james.bannister@rexmoore.com) 2025-05-29 - 5:06:19 PM GMT- IP address: 73.241.25.149 Document digitally presigned by James Bannister (james.bannister@rexmoore.com) 2025-05-29 - 5:06:28 PM GMT- IP address: 73.241.25.149 Document digitally presigned by James Bannister (james.bannister@rexmoore.com) 2025-05-29 - 5:06:51 PM GMT- IP address: 73.241.25.149 Document digitally presigned by James Bannister (james.bannister@rexmoore.com) 2025-05-29 - 5:07:33 PM GMT- IP address: 73.241.25.149 Document digitally presigned by James Bannister (james.bannister@rexmoore.com) 2025-05-29 - 5:08:04 PM GMT- IP address: 73.241.25.149 Document digitally presigned by James Bannister (james.bannister@rexmoore.com) 2025-05-29 - 5:10:24 PM GMT- IP address: 73.241.25.149 Document digitally presigned by James Bannister (james.bannister@rexmoore.com) 2025-05-29 - 5:10:59 PM GMT- IP address: 73.241.25.149 Document digitally presigned by James Bannister (james.bannister@rexmoore.com) 2025-05-29 - 5:20:43 PM GMT- IP address: 73.241.25.149 Document created by Webmaster Admin (webmaster@cupertino.org) 2025-07-14 - 3:33:43 PM GMT- IP address: 35.229.54.2 Document emailed to Jindy Gonzalez (jindyg@cupertino.org) for approval 2025-07-14 - 3:42:16 PM GMT Email viewed by Jindy Gonzalez (jindyg@cupertino.org) 2025-07-14 - 3:42:44 PM GMT- IP address: 13.220.4.193 Document approved by Jindy Gonzalez (jindyg@cupertino.org) Approval Date: 2025-07-14 - 4:02:36 PM GMT - Time Source: server- IP address: 73.241.25.149 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2025-07-14 - 4:02:50 PM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2025-07-14 - 4:03:00 PM GMT- IP address: 44.211.230.213 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2025-07-14 - 4:27:39 PM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to james.bannister@rexmoore.com for signature 2025-07-14 - 4:27:53 PM GMT Email viewed by james.bannister@rexmoore.com 2025-07-15 - 7:59:38 PM GMT- IP address: 100.25.93.19 Email viewed by james.bannister@rexmoore.com 2025-07-21 - 1:38:25 PM GMT- IP address: 75.227.0.101 Webmaster Admin (webmaster@cupertino.org) added alternate signer Jason.blum@rexmoore.com. The original signer james.bannister@rexmoore.com can still sign. 2025-07-21 - 4:00:04 PM GMT- IP address: 64.165.34.3 Document emailed to Jason.blum@rexmoore.com for signature 2025-07-21 - 4:00:04 PM GMT Email viewed by Jason.blum@rexmoore.com 2025-07-21 - 5:08:18 PM GMT- IP address: 50.200.235.70 Email viewed by Jason.blum@rexmoore.com 2025-07-23 - 8:53:51 PM GMT- IP address: 50.200.235.70 Signer Jason.blum@rexmoore.com entered name at signing as Jason R. Blum 2025-07-23 - 9:27:37 PM GMT- IP address: 50.200.235.70 Document e-signed by Jason R. Blum (Jason.blum@rexmoore.com) Signature Date: 2025-07-23 - 9:27:44 PM GMT - Time Source: server- IP address: 50.200.235.70 Document emailed to Michael Woo (michaelw@cupertino.org) for signature 2025-07-23 - 9:27:52 PM GMT Email viewed by Michael Woo (michaelw@cupertino.org) 2025-07-23 - 9:28:02 PM GMT- IP address: 18.204.9.178 Document e-signed by Michael Woo (michaelw@cupertino.org) Signature Date: 2025-07-23 - 11:45:05 PM GMT - Time Source: server- IP address: 73.170.186.236 Document emailed to Chad Mosley (chadm@cupertino.org) for signature 2025-07-23 - 11:45:18 PM GMT Email viewed by Chad Mosley (chadm@cupertino.org) 2025-07-23 - 11:45:25 PM GMT- IP address: 54.211.185.82 Document e-signed by Chad Mosley (chadm@cupertino.org) Signature Date: 2025-07-24 - 3:20:41 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2025-07-24 - 3:20:53 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2025-07-24 - 3:21:12 PM GMT- IP address: 34.202.157.128 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2025-07-24 - 3:58:15 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2025-07-24 - 3:58:15 PM GMT