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HomeMy WebLinkAboutCalifornia Commercial Pools Inc; 2003-11-17; 38981DOE # 2004-0586672 OFFICIAL Ecowls sI3N DIEGO M3wm RECORDER'S OFFICE GREGW 3. SMITH, WUflTy RECORDER FEES: 0.00 Recording requested by ) 1 CITY OF CARLSBAD ) ) When recorded mail to: ) ) City Clerk 1 City of Carlsbad 1 1200 Carlsbad Village Dr. 1 Carlsbad, CA 92008 ff Space above this line for Recorder's Use tcr NOTICE OF COMPLETION 1. 2. 3. 4. 5. 6. 7. Notice is hereby given that: The undersigned is owner of the interest or estate stated below in the property hereinafter described. The full name of the undersigned is City of Carlsbad, a municipal corporation. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. The nature of the title of the undersigned is: In Be. A work of improvement on the property hereinafter described was completed on April 15, 2004. The name of the contractor for such work of improvement is California Commercial Pools, Inc.. The property on which the work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as the Monroe Street Swim Complex Filtration and Heating Replacement Project, City Project No. 38981. Mvfiicipal Projects'Manager VERIFICATION OF CITY CLERK I, the undersigned, say I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, ,2004, accepted the California, 92008. The City Council of said City on above described work as completed and ordered that a Notice ofCompletion be filed. June 1 I declare under penalty of perjury that the foregoing is true and correct. Executed on June 2 , 2004, at Carlsbad, Calibrnia. CITY OF CARLSBAD LORRAINE M. WO6D AB 17,646 6-1-04 City Clerk 3 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SUPPLEMENTAL PROVISIONS c FOR Swim Complex I I FiltrationlHeating Replacement CONTRACT NO. 38981 PWS04-05REC @ Revised 7/29/02 Contract No. 38981 Page 1 of 56 Pages TABLE OF CONTENTS . Item Paae cd Notice Inviting Bids ....................................................................................................................... 5 Contractor's Proposal ................................................................................................................... 9 Bid Security Form ......................................................................................................................... 13 Bidder's Bond To Accompany Proposal ....................................................................................... 14 Guide For Completing the "Designation Of Subcontractor and Amount Of Subcontractor's Bid Items" and "Designation of Owner Operatorkessor and Amount Of Owner Operator/Lessor Work" Forms ......................................................................................................................... 16 Designation Of Subcontractor and Amount Of Subcontractor's Bid Items ................................. 18 Designation Of Owner Operatorkessor and Amount Of Owner Operatorkessor Work ........... Bidder's Statement Of Financial Responsibility ........................................................................... 19 20 Bidder's Statement Of Technical Ability And Experience ..... : ...................................................... 21 Bidder's Certificate Of Insurance For General Liability. Employers' Liability. Automotive Liability And Workers' Compensation ........................................................................................... Bidder's Statement Of Re Debarment .......................................................................................... Bidder's Disclosure Of Discipline Record ........................................................................ 22 23 24 .r Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid .............................. 26 Contract Public Works .................................................................................................................. 27 Labor And Materials Bond ...................................................................... ..................................... 33 Faithful PerformanceANarranty Bond ........................................................................................... 35 Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ...................................... 37 @ Revised 7/29/02 Contract No . 38981 Page 2 of 56 Pages SUPPLEMENTAL PROVISIONS Section 1 1-1 1-2 1-3 Section 2 2-3 2-4 2-5 2-9 2-1 0 Section 3 3-2 3-3 3-4 3-5 Section 4 4-1 4-2 Section 5 sr 5-1 5-4 Section 6 6-1 6-2 6-6 6-7 6-8 6-9 Section 7 7-3 7-4 7-5 7-7 7-8 7-1 0 7-1 3 Section 9 9-1 9-3 General Provisions Terms. Definitions Abbreviations And Symbols Terms ................................................................................................................... Definitions ............................................................................................................ Abbreviations ....................................................................................................... Scope And Control Of The Work Subcontracts ........................................................................................................ Contract Bonds .................................................................................................... Plans And Specifications ..................................... ; ............................................... Surveying ............................................................................................................. Authority Of Board And Engineer ........................................................................ Changes In Work Changes Initiated by the Agency ......................................................................... Extra Work ........................................................................................................... Changed Conditions ............................................................................................ Disputed Work ..................................................................................................... 40 40 41 42 42 43 44 45 46 46 46 47 Control Of Materials Materials And Workmanship ................................................................................ 49 49 Materials Transportation. Handling and Storage ................................................. Utilities Location ................................................................................................................ 50 Relocation ..................................................... : ...................................................... 51 Prosecution. Progress And Acceptance Of The Work Construction Schedule And Commencement Of Work ........................................ 51 Prosecution Of Work ............................................................................................ 51 Delays And Extensions Of Time .......................................................................... 52 Time of Completion .............................................................................................. 52 Completion And Acceptance ............................................................................... 52 Liquidated Damages ............................................................................................ 52 Responsibilities Of The Contractor .. Liability Insurance ................................................................................................ Workers' Compensation Insurance ............................................................ ........ Cooperation and Collateral Work ........................................................................ Permits ................................................................................................................. Project Site Maintenance ..................................................................................... Public Convenience And Safety .......................................................................... Laws To Be Observed ......................................................................................... Measurement and Payment Measurement Of Quantities For Unit Price Work ................................................. Payment ............................................................................................................... 53 53 53 53 54 55 55 55 56 Revised 7/29/02 Contract No . 38981 Page 3 of 56 Pages TECHNICAL SPECIFICATIONS a Revised 7/29/02 Contract No. 38981 Page 4 of 56 Pages c CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 4:OO p.m. on September 9,2003, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first ffoor lobby, at which time they will be opened and read, for performing the work as follows: Renovation of the Mechanical Room at the Carlsbad Community Swim Complex. CONTRACT NO. 38981 SWlM COMPLEX FILTRATIONhIEATING This bid and the te'rms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the Engineering Department. The specifications for the work include the Standard Specifications for Public Works Construction, 2000 Edition and supplements thereto, all hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. recycled and recyclable materials when available, appropriate and approved by the Engineer. r The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (I 0) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of'retentions under this section in an amount not less than $100,000 per contract. The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: Revised 7/29/02 Contract No. 38981 Page 5 of 56Pages 1. 2. 3. 4. 5. 6. 7. Contractor's Proposal 8. Bidder's Bond 9. Non-Collusion Affidavit Designation of Subcontractors and Amount of Subcontractor Bid Designation of Owner ODerator/Lessors & Amount Acknowledgement of Addendum(a) Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. of Ger Operator/Lessor work Bidder's Statement of Financial Responsibility Bidder's Statement of Technical Ability and 12. Escrow Agreement for Securiity Deposits -(optional, Experience must be completed if the Bidder wishes to use the Escrow Agreement for Security) 10.Bidder' s Statement Re Debarment 11 .Bidder's Disclosure Of Discipline Record All bids will be compared on the basis of the Engineer's Estimate. approximate and serve solely as a basis for the comparison of bids. The Engineel's Estimate is $1 1 1,510. The estimated quantities are Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: C53 Swimming Pool If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non- refundable fee of $25.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. The City-of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and Revised 7/29/02 Contract No. 38981 Page 6 of 56Pages 41 07.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the A pre-bid meeting and tour of the project site will be held at 2 p.m. on Wednesday, August 6', 2003 at the Carlsbad Swim Complex, 3401 Monroe Street, Carlsbad CA 92008. c- Contract for work. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be ig ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars r 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. ($1 0,000,000). If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. (" 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non- owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. @ Revised 7/29/02 Contract No. 38981 Page 7 of 56Pages Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of r said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2003-200, adopted on the 22"d day of July, 2003. LORRAINE d%tAkL*;y M. \.II D, City Clerk Date: July 28, 2003 Revised 7/29/02 Contract No. 38981 Page 8 of 56Pages I 1 r CITY OF CARLSBAD CONTRACT NO. 38981 SWIM COMPLEX FILTRATION/HEATING City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 38981 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: Item _. No. r 2 3 4 5 Approximate Quantity Unit DeSCflDtiOn and Unit P&Q Total Mobilization at Dollars (Lump Sum) Demolition and Removal of Specified Existing Pool Equipment, piping and valving at 1LS n;m- ,a,aM Dollars (Lump Sum) Dollars at Traffic Control at Fill in D.E. recovery pit 20 CY 360 Dollars per Cubic Yard Circulation Pump at dXEA \o,060 Dollars per Each Circulation Pump Strainer at Dollars per Each Filters at Dollars per Each @ Revised 7/29/02 Contract No. 38981 Page 9 of 56 Pages t Item DescriDtion + I Water Chemistry Controller at Approximate Quantity and Unit Unit - Price - Total 1EA uF Dollars per Each 8 Pool Heater at Dollars per Each 9 Reroute Sump Pump piping to backwash sump at Dollars per Lump Sum 10 Backfill D.E. collection pit, pour new filter slab and provide weir wall concrete infill at Dollars per Lump Sum CatwalWRail system and install at 11 rc' Dollars per Lump Sum Total amount of bid in words: 5 lx7-E EdTirn Nh f hfo ON- Total amount of bid in numbers: $ a\c~ .m,m Price(@ given above are firm for 90 days aher date of bid opening. Addendum(a) No@). NONE The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. hashave been received and islare included in this proposal. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 7- iavit. 415172 1 classification B&C53 - which expires on and that this statement is true and correct and has the legal effect of an ¶ 03 , A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City 5 7028.15(e). In all Revised 7/29/02 Contract No. 38981 Page 10 of 56 Pages contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the cFactor shall be properly licensed. Public Contract Code 9 201 04. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted hidher to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is A BIDDE R'S BOND (Cash, Certified Check, Bond or Cashier's Check) for ten percent (1 0%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. F IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor N/A (3) Place of Business (Street and Number) City and State (4) ZipCode Telephone No. IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted N/A (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business (Street and Number) Revised 7/29/02 Contract No. 38981 Page 11 of 56 Pages City and State Telephone No. IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted CALIFORNIA COMMERCIAL POOLS, INC. PRESID& & TREASURER (Title) I/ Impress Corporate Seal here (3) Incorporated under the laws of the State of CALIFORNIA (4) Place of Business 2255 E. AUTO CENTRE DRIVE (Street and Number) City and State GLENDORA, CA 91740-6721 rLipCode 91740 - 6771 Telephone No. 909/794 - 17R0 NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: CALIFORNIA COMMERCIAL POOLS, INC. E. LEE JACKSON/PRESIDENT & TREASURER DAVID E. JACKSON/VICE-PRES. & SECRETARY e Revised 7/29/02 Contract No. 38981 Page 12 of 56 Pages License Detail California Home lB I Page 1 of 2 Thursday, September 11,2003 GENERAL BUILDING CONTRACTOR SWIMMING POOL License Detail Contractor License # 4151 72 CALIFORNIA CONTRAC TORS STATE LIC ENSE BOAR D DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: CSLB complaint disciosure is restricted by law (B&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. are disclosed. the arbitration. onto the Board's license data base. Per B&P 7071.17, only construction related civil judgments known to the CSLB Arbitrations are not listed unless the contractor fails to comply with the terms of Due to workload, there may be relevant information that has not yet been entered Extract Date: 09/11/2003 * * * Business Information * * * CALIFORNIA COMMERCIAL POOLS INC 2255 E AUTO CENTRE DRIVE Business Phone Number: (909) 394-1280 GLENDORA, CA 91740-6721 Entity: Corporation Issue Date: 12/04/1981 Reissue Date: 1 1/19/1991 Expire Date: 1 1/30/2003 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number WLI1183297 in the amount of $10,000 with the bonding company 7- 9/11/2003 License Detail Page 2 of 2 INTERNATIONAL BUSINESS AND MERCANTILE REASSURANCE COMPANY. Effective Date: 02/01/1997 r Contractor's Bondina History BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) ERNEST LEE JACKSON certified that he/she owns 10 percent or more of the voting stocWequity of the corporation. A bond of qualifying individual is not required. Effective Date: 1 1/19/1991 * * * Workers Compensation Information * * * This license has workers compensation insurance with the ARCH INSURANCE COMPANY NAlC #11150 Policy Number: zAWC190079 Effective Date: 06/12/2003 Expire Date: 06/1 a2004 Workers Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses r License Number Request Contractor Name Recluest Personnel Name Request Salesperson Request Salesperson Name Reauest Q 2002 State of California. Gray Davis, Governor. Conditions of Use Privacv Policy 911 1/2003 m m n z v) m r I- ! E 3 (D % 8 0 x z n rn 30 n m r r L D 0 x v) 0 z n m m R n r r 5. (P 3 m C 5 m R K D Q 2 E 0 + D 73 n v) 0 z -I m m - D I] 0 z -I m v, m =! P (0 + s !z D 3 Y P, B 8 U z J' G) 8 3 0 0 7 4 e e 0 e 0 r VI 4 N CL P \ 1 i i 72 w co (D co 2 co 2 A I! A 0 0) co co 4 1. 1. e 0 /t ID 5 E U s z P 0 E v) v) 0 01 w m D 3 s z 0 F w c w c r?, c r BID SECURITY FORM (Check to Accompany Bid) CONTRACT NO. 38981 S W I M CO M PLEX FI LTR AT10 NM EAT1 NG (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of N/A - USED BIDDER’S BOND Dollars ($ )1 this amount being ten percent (1 0%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. CALIFORNIA/$OMMERCIAL POOLS, INC. BIDDER V *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) @ Revised 7/29/02 Contract No. 38981 Page 13 of 56 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL CONTRACT NO. 38981 SWIM COMPLEX FlLTRATIION/HEATlNG KNOW ALL PERSONS BY THESE PRESENTS: Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bld amount) TEN PERCENT OF BID AMOUNT------- for whlch payment, well and truly made, we blnd ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. That we, CALIFORNIA COMMERCIAL POOLS, INC. as Principal, and XL SPECIALTY INSURANCE COMPANY , as THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-bounden Princtpai for: SWIM COMPLEX FILTRATIONMEATING 38981 in the City of Carlsbad, is accepted by the Clty Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the Clty Council of the City of Cadsbad, being duly notified of said award, then this obllgation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfelted to the said Clty. ' ... ... ... .. . .. . ..I ... ... .. . ... .. . ... ... ... ... *. . .. . .. . ... .. . *.I ... @ Revised 7/29/02 Contract NQ. 38981 Pege 14 of 56 Pages In the event Principal executed thls bond as an individual, it is agreed that the death of Principal shall not mnerate the Surety from Its obligations under this bond. Executed by PRINCIPAL this 5TH day of SEPTEMBER ,20 03 . PRINCIPAL: Executed by SURETY this 5TH day of SURETY: (name of Surety) (address of Surety) SEPTEMBER ,20 03 . XL SPECIALTY INSURANCE COMPANY 25 INDEPENDENCE BLVD. (Title and Organization of Signatory) WARREN NEW JERSEY 07059 By: 9/4h (sig Sere) (800) 394-3909 DAVID E. JACKSON (print name here) (title and organization of signatory) VICE-PRESIBFNT & SECRETARY (CORP) JULIA B. LEONARD, ATTORNEY-IN-FACT (printed name of Attorney-in-fact) P (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (Presldent or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, *he corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to blnd the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney \ By: Deputyjy Attorney @ Revised 7/29/02 Contract. No. 38981 Page 15 of 56 Pages ALlFORNlA ALL-PURPOSE ACKNOWLEDGMENT personally appeared E. LEE JACKSON & DAVID E. JACKSON I Name($) of Signer(a) IXI personally known to me proved to me on the basis of satisfactory evidence to be the person@) whose name(s) Mare subscribed to the within instrument and acknowledged to me that Wshelthey executed the same in Rirlker/their authorized capacity(ies), and that by hkhf/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person@) acted, executed the instrument. w;JyFQ Signrtur d Wry Public OPT10 NA L Though the inbnnation below is not required by law, it may prove valuable to persons relying on the document and could prevent kaudulent removal and reattachment of this form to another document. Description of Attached Document 11 Title or Type of Document: BID BOND - CITY OF CARLSBAD-SWIM COMPLEX FILTRATION & HEAT. Document Date: 09/05/2003 Number of Pages: 1 Signer@) Other Than Named Above: NONE Capacity(ies) Claimed by Signer(s) Signer's Name: E. LEE JACKSON 0 Individual 0 PadneF,-;;.U Limited - 0 General 0 Attomev-in-Fact 0 Trustee- Guardian or Conservator 0 Other: 'I I I I Signer Is Representing: CALIFORNIACOMMERCIAL I POOLS, INC. u Signer's Name: DAVID E. JACKSON 0 Individual fl Corporate Officer Partner -U Limited General Title(s); VICE-PRESIDENT & SECRETARY 0 Attomey-in-Fact Trustee Guardian or Conservator Other: I I I I Signer Is Representing: CALIFORNIA COMMERCIAL POOLS, INC. u .* CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT (Icstate of CALIFORNIA County of RIVERSIDE On SEP 0 5 2003 before me, S.L. KYSETH, NOTARY PUBLIC I Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared JULIA B. LEONARD, ATTORNEY IN FACT , Name@) of Signer(s) personally known to me -OR- 17 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity( ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ----I --OPT/ONAL---------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another dowment. Description of Attached Document hle or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer@) Signer's Name: Individual Corporate Officer [7 Titles(s): [7 Partner-• Limited General [7 Attorney-in-Fact 17 Trustee Guardian or Conservator 17 Other: I I Signer Is Representing: I I Signer's Name: Individual Corporate Officer [7 Title(s): Partner- 0 Limited Attorney-in-Fact General Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: I I BD-1133 09/00 -- UNLIMITED POWER OF ATTORNEY NOW ALL MEN BY THESE PRESENTS: That the XL SPECIALTY INSURANCE COMPANY, a corporation organized and existing by virtue of the laws of the State of Illinois ("Company" or "Corporation"), does hereby nominate, constitute and appoint, Kenneth A. Coate, Mark N. Cladding and Julia B. Leonard as employees of Inland Surety Bonds & Insurance services, its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds, undertakings, recognizances and written obligations in the nature thereof, the penal sum of no one of which is in any event to exceed $UNLIMITED. Such bonds and undertakings, when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 5th day of December, 1988: "RESOLVED, That the President, or any Vice President of the Company or any person designated by any one of them is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship, and that any Secretary or any Assistant Secretary of the Company be, and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the Seal of the Company. FURTHER RESOLVED, That the signature of such officers and the Seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached." Bonds executed under this Power of Attorney may be executed under facsimile signature and seal pursuant to the following Resolution adopted by the Board of Directors of the Company on August 6,2001. "RESOLVED, That the signature of the President of this Company, and the seal of this Company may be affixed or printed on any and all bonds, undertakings, recognizances, or other written obligations thereof, on any revocation of any Power of Attorney, or on any certificate relating thereto, by facsimile, and any Power of Attorney, any revocation of any Power of Attorney, bonds, undertakings, recognizances, certificate or other written obligation, bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this 6th day of August, 2001. XL SPECIALTY INSURANCE COMPANY BY: Attest: PRESIDENT SECRETARY STATE OF ILLINOIS COUNTY OF COOK ss. On this 6th day of August, 2001, before me personally came Nicholas M. Brown, Jr. to me known, who, being duly sworn, did depose and say: that he is President of the Company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company; and that he executed the said instrument by like order and authority: NOTARY PUBLIC STATE OF ILLINOIS COUNTY OF COOK ss. I, Ben M. Llaneta, Secretary of the XL SPECIALTY INSURANCE COMPANY a corporation of the State of Illinois, do hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and that I have compared same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at the City of Schaumburg, this 5TH day of SEPTEMBER ,20 03 . SECRETARY Company Profile Page 1 of2 f- Company Profile In XL SPECIALTY INSURANCE COMPANY 1201 N. MARKET STREET, SUITE 501 WILMINGTON, DE 1980 1 800-3 94-3 909 Former Names for Company Old Name: INTERCARGO INSURANCE COMPANY Old Name: COMPANY Effective Date: 08-04-2000 Date: 06-22-1 994 INTERNATIONAL CARGO AND SURETY INSURANCE Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 9001 7 Unable to Locate-the-Agent for Service of Process? ..".".".l" ".",",l,"_ " ...... "."."ll..."..,"_l,"l,".,.l.-.I"," ,...... " .... "."l.".",l-"."..."."llllll--"~",",~ ...,... ".".".-."."I.."I_"."Ix.".,"," ~ ", r Reference Information NAIC #: 37885 NAIC Group #: ~~ 1285 Date authorized in California: License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: ILLINOIS California Company ID #: 3236-7 March 23, 1990 __ "^ "- """.l.^.l_" ,__"--,.,~,",.,~,"-."-"__I,__ "_-_" _-,-l,."^ .____^^__ ^, Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BURGLARY COMMON CARRIER LIABILITY DISABILITY FIRE http://cdinswww.insurance.ca.gov/pls/wu_coqrof/idb~coqrof_utl.get~coqrof?p~EID=6971 9/9/2003 ' Company Profile Page 2 of 2 r LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information I I. Company-E-nforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company RgresentativeLMy Area Financial Rating Orrpanizations Last Revised - July 10,2003 05:26 PM Copyright 0 California Department of Insurance ~ Disclaimer http://cdinswww. insurance .ca. gov/pl s/wu - coqrof/idb-cogrof-utl. get-coqroflp-EID=697 1 9/9/2003 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS" AND "DESIGNATION OF OWNER OPERATOWLESSOR AND AMOUNT OF OWNER OPERATOWLESSOR WORK" FORMS REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC and of the Supplemental Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in section 1-2 of the Supplemental Provisions especially "Own Organization" and "Owner OperatorRessor." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section 2-3.1 of these Supplemental Provisions. CAUTIONS These forms will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or owner operator/lessors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor or Owner OperatorRessor who the Bidder proposes to perform work or labor or render s ice in or about the work or improvement, and every subcontractor or Owner OperatorRessor licensed r. contractor by the State of California who the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location@) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. Bidder shall use separate disclosure forms for each Subcontractor or Owner OperatorRessor of manpower and equipment that it proposes to use to complete the Work. Additional copies of the forms must be attached if required to accommodate the Contractor's decision to use more than one Subcontractor or Owner Operator/Lessor. All items of information must be completely filled out. These forms must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. Neither the amount, in dollars, of work performed by the Bidder's own forces (as Contractor) nor the Bidder's overhead and profit for subcontracted items of the work is included to compute the percentage of the work performed by Subcontractors or Owner OperatorsRessors. When the Bidder proposes that any bid item will installed by a Subcontractor or Owner Operator/Lessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner Operator/ Lessor must be entered under the columns "Amount of Subcontracted Bid Item Including Subcontractor's Overhead & Profit" or " Amount of Owner Operator/Lessor Bid Item Including Owner OperatorRessor's Overhead & Profit 'I unless the dollar amount of all work performed by any Subcontractor or Owner Operator/Lessor is less than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner OperatorRessor installs or constructs any portion of a bid r' 1 the entire amount of the Contract Unit Price, less the Bidder's overhead and profit, shall be multiplied by the Quantity of the bid item that the Subcontractor or Owner Operator/Lessor installs to compute the amount of work so installed. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials @ Revised 7/29/02 Contract No. 38981 Page 16 of 56 Pages and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor, as the case may be, that the Bidder poses as installer of said materials. The value of material incorporated in any Subcontractor or Owner a . ,rator/Lessor installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor or Owner Operator/Lessor installing said item. The item number from the "CONTRACTOR'S PROPOSAL" (Bid Sheets) shall be entered in the "Bid Item No." column. When a Subcontractor or Owner OperatodLessor has a Carlsbad business license the number must be entered on the form. If the Subcontractor does not have a valid business license enter "NONE" in the appropriate space. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install less than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet shall be provided by the Contractor to clearly apprise the Agency of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract and Owner Operatorkessor amounts for purposes of award of the contract shall determined by the City Council in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the City Council shall be final. Revised 7/29/02 Contract No. 38981 Page 17 of 56 Pages \ , 'CI DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS CONTRACT NO. 38981 SWIM COMPLEX FILTRATION/HEATlNG The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparin this bid for the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: the Work and that the listed subcontractor will be used to perform the portions of the Work as 2 esignated in ' TRILEK ELFCTRIC INC. . Subcontractor's Location of Business 9710 WASHBURN ROAD Street Address DOWNEY CA 90241 City State AP *Subcontractor's Telephone Number including Area Code: ( 562 1 803 - 6177 *Subcontractor's California State Contractors License No. and Classification: 71 1702 *Subcontractor's Carlsbad Business License No.: C-10 NONF Bid I item SUBCONTRACTOR'S BID ITEMS* Amount Ot Work In Bld Bid Item lnduding Rem Performed by ', Overhead & Profit In Amount of Subcontracted Subcontractor's Overhead Contractor Exdudlng Bid bm Amount of Contractor's EXDIandOn: Column 1 - Bid Item No. from the bid proposal, pages 8 through 9, inclusive. Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractots own forces. Column 4 - The dollar amount of the Contractor's overhead and proffl for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2,3, and 4 must be equal to the dollar amount in the bid price of the item on bid pmpOsal pages 8 b' .;( . through 9, inclusive. Page 1 of 1 pages of this Subcontractor Designation form f- * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk tequired on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting BUS.' a Revised 7/29/02 Contract No. 38981 Page 18 of 56 Pages 09/10/2883 08: 58 9093944573 .. CA COMM POOLS PAGE 02/02 I i DESIGNATION OF SdBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS CONTRACT NO. 38B81 SWIM COMPLEX FILTRA%&@lEATI di i ' The Bidder certifies that it has used the sub-bid of the following listed subcon%r in preparin this bid for the Work and that the listed subcontractor will be US& to perform the portlons of the Work =, Si!Pted in the list in accordance with applicable provisions of the specifications and section 4100 et aeq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bldder further certifies that no additional subcontractor will be allowed to perfom any portion of the Work in exces8 of than Onehalf Of one percent (0.5%) of the Bidder's total bid or ten thOu8and dollars ($10,000) whichever le greater and that 110 changes in the subcontractors listed work will be made except upon the prlor approval of the Agm- Full Company Name of Subcontractor: Subcontractor's Location of Buslness TRILFK mING. 97 10 WASHBURN ROAD Street Address ' OOWNEY CA 90241 aty stats ZP *Subcontractor's Telephone Number including Area Code: J 562 \ 803 - 6177 *Subcontractor's California State Contractors IJcense No. and Classification: 711 702 *Subcontractor's Carlsbad Businees License NO.: C-10 NONF Subcontractor's forces on the item. Total dollar amount of Columns 2.3, and 4 must be equal to the dollar amount In the Md price d the )tern on Md prOW Pages 8 through Q, inclusive. .. Page 1 of 1 pages of thls Subcontractor Designation form (-- Pursuant to section 4104 (a)(2)(A) Cellfornla Publlc Contraat code, mipt d the pottfms of the lntomwuon pRlceded by fin athtisk m@red on this document may be subrnrtted by the Bldder up to 24 haurn attsr the de- for s&mMing btd8 contdnsd h the Wolica Ifwlthg 81d4.' Revised 7/29/02 Contract No. 38981 Page 18 of 56 Pages rr r' 09/10/2083 08: 58 9093944579 CA COMM POOLS PAGE 01/02 rQ 2255 E. Auto Centre Dr. Glendora, CA 9 1740 Tele: 909/394-1280 Fax: 909/394-1630 Pax: Pages; - Phone: ~ Date: 0 Urgent For Review Please Comment X Please Reply Please Recycle DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS P CONTRACT NO. 38981 SWIM COMPLEX FILTRATION/HEATlNG The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for r the Work and that the listed subcontractor will be used to perform the portions of the Work as dgsignated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: Subcontractor's Location of Business Street Address City State Zip *Subcontractor's Telephone Number including Area Code: ( 1 - *Subcontractor's California State Contractors License No. and Classification: 'Subcontractor's Carlsbad Business License No.: ExDlanatlon: Column 1 - Bid Item No. from the bid proposal, pages 8 through 9, inclusive. Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 8 through 9, inclusive. Page of pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the 'Notice Inviting Bids." @ Revised 7/29/02 Contract No. 38981 Page 18 of 56 Pages DESIGNATION OF OWNER OPERATOWLESSOR AND AMOUNT OF OWNER OPERATOWLESSOR WORK CONTRACT NO. 38981 SWIM COMPLEX FILTRATION/HEATlNG The Bidder certifies that it has used the sub-bid of the following listed Owner OperatodLessor in preparing this bid for the Work and that the listed Owner Operatorkessor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional Owner Operatorkessor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the Owner Operator/Lessors listed work will be made except upon the prior approval of the Agency. r Full Owner OperatodLessor Name: Owner Operator/Lessor Location of Business Street Address City State Zip *Owner OperatodLessor Telephone Number including Area Code: ( 1 - *Owner OperatorRessor City of Carlsbad Business License No.: OWNER OPERATOWLESSOR WORK ITEMS EXDlanatiOn: Column 1 - Bid Item No. from the bid proposal, pages 8 through 9, inclusive. Column 2 - The dollar amount of the item to be performed by the Owner Operatorllessor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Owner Operatorkessor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 8 through 9, inclusive. Page of ' pages of this Owner Operator/Lessor form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 7/29/02 . Contract No. 38981 Page 19 of 56 Pages r BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) CONTRACT NO. .38981 SWIM COMLEX FILTRATION/H EATING Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. II F CI OSFn FINMCIAI STATFMFNT" (- @ Revised 7/29/02 Contract No. 38981 Page 20 of 56 Pages f- VERNON L. GILES & ASSOCIATES t%ip?wP&k 903 E. ROUTE 66. SUITE D GLENDORA. CALIFORNIA 91740 I (626) 963-0274 To the Board of Directors California Commercial Pools, Inc. 2255 E. Auto Centre Dr. Glendora, CA 91740 We have reviewed the accompanying balance sheet of California Commercial Pools, Inc. as of December 31, 2002 and the related statements of income and retained earnings and cash flows for the year then ended, in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. All information included in these financial statements is the representation of the management of California Commercial Pools, Inc. A review consists principally of inquiries of Company personnel and analytical procedures applied to financial data. It is substantially less in scope than an audit in accordance with generally accepted auditing standards, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion. Based on our review, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in conformity with generally accepted accounting principles. Our review was made for the purpose of expressing limited assurance that there are no material modifications that should be made to the financial statements in order for them to be in conformity with generally accepted accounting principles. The information included in the accompanying Schedules 1 , 2, and 3 is presented only for supplementary analysis purposes. Such information has not been subjected to the inquiry and analytical procedures applied in the review of the basic financial statements, but was compiled from information that is the representation of management, without audit or review. Accordingly, we do not express an opinion or any other form of assurance on the supplementary information, Very truly yours, Vernon L. Giles & Associates May 8,2003 CALIFORNIA COMMERCIAL POOLS, INC. r BALANCE SHEET DECEMBER 31.2002 ASSETS Current assets: Cash Contracts receivable Loans receivable - other Inventory Prepaid federal 8 state income taxes Costs & estimated earnings in excess of billings on uncompleted contracts Total current assets Property (at cost): Automotive equipment Furniture 8 fixtures Equipment & machinery Less accumulated depreciation Total Property (net) TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY Current liabilities: Accounts payable Payroll taxes payable Accrued liabilities Contracts payable (due within one year) Billings in excess of costs & estimated earnings on uncompleted contracts Total current liabilities Contracts payable (due after one year) Stockholders' equity: Capital stock, $10.00 par value 100,000 shares authorized; 200 shares issued and outstanding Paid in capital Retained earnings Total stockholders' equity TOTAL $ 19,063 4,945,682 102,880 17,625 82,390 270,916 5,438,556 $ 773,946 75,629 393,408 1,242,983 709,879 533,104 $ 5,971,660 $ 3,050,310 12,780 20,963 139,345 889,200 4,112,598 (See Accountants' Review Report) Vernon L. Giles & Associates *-- 219,336 $ 2,000 95,000 1,542,726 1,639,726 $ 5,971,660 F r CALIFORNIA COMhrltKLIfiL ruwLu, I~~~. STATEMENT OF INCOME AND RETAINED EARNINGS FOR THE YEAR ENDED DECEMBER 31.2002 Year to Date Income: Cost of sales: Gross profit Operating expenses: Contract sales Contract costs Advertising Automotive Bad debt Bank charges Bid expenses Communication Computer Depreciation Donations Dues & subscriptions Equipment lease Indirect field expenses Insurance Interest Legal & accounting Meals Office Payroll taxes Profit sharing contribution Rent Repairs & maintenance Salaries Salaries - officers' Sales promotion expenses Taxes & licenses Telephone Utilities Other Total operating expenses Income from operations Other income (expense) Income before income taxes Provision for income taxes. Current Deferred Total provision income taxes Net income Retained earnings, January 1,2002 Retained earnings, December 31,2002 $ 18,512,097 14,936,007 3,576,090 1,347 58,885 19,066 690 16,837 70,871 6,059 I 10,215 5,089 15,148 48,787 448,433 363.91 8 33,736 20,728 18,374 53,483 75,700 147,416 82,500 26,633 721,575 673,300 10,589 1 7,098 17,217 20,464 25,088 3,009,246 566,844 5,752 572.596 (See Accountants' Review Report) Vernon L. Giles & Associates 232,346 (128,3181 104,028 468,568 1,074,158 $ 1,542,726 100.0 80.7 19.3 0.0 0.3 0.1 0.0 0.1 0.4 0 .o 0.1 0.0 0.1 0.3 2.4 2.0 0.2 0.1 0.1 0.3 0.4 0.8 0.4 0.1 3.9 3.6 0.1 0.1 0.1 0.1 0.1 16.2 3.1 0.0 0.5 1.3 (0.7) 0.6 2.5 - CALIFORNIA COMMERCIAL FOOLS, INC. '! r STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31,2002 Cash flows from operating activities: Net income from operations Adjustments to reconcile net income to net cash provided by operating activities: Depreciation Increase in contract receivables Decrease in loans receivables - other Decrease in deposits Increase in prepaid federal 81 state income taxes Decrease in costs & estimated earnings in excess of billings on uncompleted contracts Increase in accounts payable Decrease in payroll taxes payable Decrease in accrued liabilities Decrease in federal 8I state income taxes payable Decrease in deferred income taxes Increase in billings in excess of costs & estimated earnings on uncompleted contracts Net cash used by operating activities Cash flows from investing activities: Purchase of automotive equipment Purchase of furniture 8 fixtures Purchase of equipment & machinery Net cash used by investing activities Cash flows from financing activities: Net proceeds from contracts payable Net cash provided by financing activities Net decrease in cash Cash, January 1,2002 Cash, December 31,2002 (See Accountants' Review Report) Vernon L. Giles ti Associates $ 468,568 $ 194,379 (1 ,147,612) 10,699 6,500 (82,390) 20,247 260,257 (24,752) (91,043) (1 79,800) (143,713) 107,094 (1,070,134) (601,566) (1 58,092) (4,746) (1 65,918) (328,756) 121,564 121,564 (808,758) 827,821 $ 19,063 CALIFORNIA COMMERCIAL POOLS, INC. ... NOTES TO FINANCIAL STATEMENTS DECEMBER 31,20002 1. SUMMARY OF ACCOUNTING POLICIES BUSINESS ACTIVITY California Commercial Pools, Inc. is a California corporation engaged in the construction of commercial swimming pools. The Company works by contracts modified by change orders. The length of contracts vary but the majority are less than one year. REVENUE AND COST RECOGNITION The Company recognizes revenues from construction contracts on the percentage-of-completion method, measured by the percentage of cost incurred to date to estimated total cost for each contract. That method is used because management considers total cost to be the best available measure of progress on the contracts. Because of inherent uncertainties in estimating costs, it is at least reasonably possible that the estimates used will change within the near term. Contract costs include all direct material, labor, subcontractor and overhead burden cost applied to each job. Selling, general, and administrative costs are charged to expense as incurred. Provisions for estimated losses on uncompleted contracts are made in the period in which such losses are determined. Changes in job performance, job conditions, and estimated profitability may result in revisions to costs and income, which are recognized in the period in which the revisions are determined. Changes in estimated job profitability resulting from job performance, job conditions, claims, change orders, and settlements, are accounted for as changes in estimates in the current period. The asset, "Costs and estimated earnings in excess of billings on uncompleted contracts," represents revenues recognized in excess of amounts billed. The liability, "Billings in excess of costs and estimated earnings on uncompleted contracts," represents billings in excess of revenues recognized. (See Accountants' Review Report) Vernon L. Giles & Associates CALIFORNIA COMMERCIAL POOLS, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31,2002 DEPRECIATION Depreciation has been computed under methods provided by the Internal Revenue Code over estimated useful lives of three to seven years. These methods have been used because their use results in an immaterial difference from the amounts that would be calculated based on estimated economically useful lives. The following summary sets forth the general range of estimated useful lives: Automobiles and trucks 3-5 years Machinery and equipment 5-7 years Office equipment 5-7 years INCOME TAXES Income taxes are provided for the tax effects of transactions reported in the financial statements and consist of taxes currently due on a percentage of completion basis. 2. CONTRACT RECEIVABLES Contract receivables consist of: Billed Completed Contracts Contracts in progress Retention Unbilled , (See Accountants' Review Report) Vernon L. Giies & Associates c2&&m&M $ 878,912 3,047,459 1,026,083 (6.772) !J 4,945.682 r' CALIFORNIA COMMERCIAL POOLS, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31,2002 r 3. UNCOMPLETED CONTRACTS Costs, estimated earnings, and billings on uncompleted contracts are summarized as follows: Costs incurred on Estimated earnings uncompleted contracts Billings to date $ 6,519,901 1,762.61 9 8,282,520 8,900,804 $ (618,2841 Include in the accompanying balance sheet under the following captions: Costs and estimated earnings in excess of billings on uncompleted contracts Billings in excess of costs and estimated earnings on uncompleted contracts $ 270,916 889,200 $ (618,2841 4. CONTRACTS PAYABLE Contracts payable are secured by automotive equipment and are payable as follows: Lender lngersall Rand Financial lngersall Rand Financial lngersall Rand Financial lngersall Rand Financial lngersall Rand Financial lngersall Rand Financial Chase Automotive Company American First Federal Wells Fargo Bank One GMAC GMAC GMAC GMAC GMAC GMAC GMAC GMAC GMAC GMAC GMAC GMAC TOTALS Monthly Payment 733 71 8 606 962 726 1,000 544 389 153 589 577 376 380 507 569 39 1 430 429 669 451 448 44 1 Due Within One Year $ 8,796 8,616 2,471 1 1,544 8,712 12,000 6,528 4,668 1,836 7,068 6,924 4,512 4,560 6,084 6,828 4,692 5,160 5,148 8,028 4,706 5,172 5,292 $ 139,345 Due After One Year $ 9,538 4,712 0 19,115 13,618 27,341 14,663 4.1 59 17,560 4,978 3,495 2,173 5,581 4,559 13,368 12,199 13,413 13,378 34,731 0 0 755 $ 219,336 Total $ 18,334 13,328 2,471 30,659 22,330 39,341 21,191 8,827 19,396 12,046 10,419 6,685 10,141 10,643 20,196 16,891 18,573 18,526 42,759 4,706 5,172 6,047 $ 358,681 (See Accountants' Review Report) Vernon L. Giles & Associates CALIFORNIA COMMERCIAL POOLS, INC. SCHEDULE 1 - EARNINGS FROM CONTRACTS FOR THE YEAR ENDED DECEMBER 31,2002 Contracts completed during the year Contracts in progress at year end Balance. December 31,2002 cost of Gross Revenues Revenues Profit Earned Earned (Loss) $1 0,838,765 $ 8,879,082 $ 1,959,683 7,673,332 6,056,925 1,616,407 $1 831 2,097 $1 4,936,007 $ 3,576,090 (See Accountants' Review Report) Vernon L. Giles & Associates w-- cj 3 A d P 0 0 f U 0 u. 0 a l- l- l- I c c f- BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) CONTRACT NO. 38981 SWIM COMPLEX FILTRATION/H EATING The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge hisher responsibility, experience and skill. An attachment can be used. Date Name and Phone Contract Name and Address No. of Person Completed of the Employer to Contract 'SEE A'TTACHMENT" Y I Am;nt Type of Contract -+- I a Revised 7/29/02 Contract No. 38981 Page 21 of 56 Pages ~~- ~ ~~~ ATTACHMENT TO PAGE 21 1 OF 2 (4 CALIFORNIA COMMERCIAL POOLS, INC BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE CONTRACT NO. 38981 SWIM COMPLEX FI LTRATIO N/H EAT1 N G Benstead Plunge Rehabilitation of existing 50-meter rimflow competition pool, changed from deep gutter to rimflow profile, also installed new plaster, tile and mechanical room filter. Located: 3331 Torrance Blvd Completed: April 2003 Final Cost: $500,903 Owner: City of Torrance Torrance, CA 90503 3350 Civic Center Dr Torrance, CA 90503 Diane Castletine (31 0) 781 -71 51 Scott Ferrell - (760) 438-8400 Contact: Designer: Aquatic Design Group Bellflower Aquatic Center Rehabilitation of existing facility, Replaster, installed new tile and mechanical equipment (pump and filters). (r Located : 14001 Bellflower Blvd Bellflower, CA 90706 Completed: August 2002 Final Cost: $247,148 Owner: City of Bellflower 16600 Civic Center Dr Bellflower, CA 90706 Contact: Paul Zwiep (562) 804-1424 Designer: Aquatic Design Group Scott Ferrell (760) 438-8400 San Pedro YMCA Removal and replacement of new filter and pump in existing mechanical room. Located: 301 S. Bandini St Completed: June 2002 San Pedro, CA 90731 f Final Cost: $148,900 ATTACHMENT TO PAGE 21 2 OF 2 Owner: YMCA of Metropolitan Los Angeles 625 S. New Hampshire Ave Los Angeles, CA 90005 Julie Tisue (31 0) 832-421 1 Doug Ferrell (626) 335-4362 f- Contact: Designer: Patrell Engineering Bloominaton Middle School Rehabilitation of existing facility. Including new tile and plaster and mechanical equipment. Located: 18829 Orange St Bloomington, CA Completed: January 2001 Final Cost: $287,232 Owner: Colton Unified School District 121 2 Valencia Dr Colton, CA 92324 Contact: (909) 580-5000 Designer: Kenneth King Civil Engineer Ken King (909) 793-3858 r Montebello Plunqe Renovation 50-meter rim flow gutter Competition Pool, new plumbing and mechanical equipment. Located: 1300 Olympic Blvd Completed: November 2000 Final Cost: $727,000 Owner: City of Montebello Address: 1600 Olympic Blvd Designer: Rowley International Montebello, CA 90640 Montebello, CA 90640 Kirk Von Spaeth - (31 0) 377-6724 BIDDER'S CERTIFICATE OF INSURANCE FOR r GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND! WORKERS' COMPENSATION F. (To Accompany Proposal) CONTRACT NO. 38981 SWIM COMPLEX FI LTR AT1 ON/H EAT1 N G As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. r,ertificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. 2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non- owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. @ Revised 7/29/02 Contract No. 38981 Page 22 of 56 Pages From: Patty Dorninguez At: Minard-Ames Insurance FaxlD: Minard-Arnes lnsuranc To: Kevin - Purchasing Date: 11/5/2003 02:43 PM Page: 2 of 3 & Associates Insurance ency, Inc., License #OD36866 30 E. Van Buren, #350 ' Phoenix AZ 85008 Phone : 6 02 -2 7 3 -1 62 5 INSURED __ - - . - - THIS CERTIFICATE IS ISSUED AS A MATTER OF~NFORMATI~ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOVI. INSURERS AFFORDING COVERAGE 1- =, NAlC # INSURERA Arch Insurance Qroupp!,& 11150 "URERB national Union Fire Insurance 06/12/04 $ x lTr&?%S I lUtK ER EL EACHACCIDENT $1000000 EL DISEASE-EAEMPLOYEE $ 1000000 EL DISEASE-POLICYLIMIT S ~00000~ I ACORD, CERTIFICATE OF LIABILITY INSURANCE California Conrmercial Pools 2255 E. Auto centre Drive Qlendora CA 91740 I I I INSURER C I INSURER D I I COVERAGES ME 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, ME INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL ME TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. FisR LTR - A - A h - DATE (MM/DDRY) 06/12/03 JU-L SR TYPE OF INSURANCE I GENERAL LIABILITY POLICY NUMBER ZAdLB9 0 0 0 1 COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUF GENERAL AGGREGATE ~$2,000,000 PRODUCTS - COWlOP AGG I $ 1,000 ,000 GENL AGGREGATE LIMIT APPLIES PER AUTOMOBILE LIABILI'IY ZACATS 0 0 04 06/12/03 .. 0 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per aCCldEn!) 0 0 ALL OWhEDAUTOS SCHEDULED AUTOS HIRED MOS 1 NONOWNED AUTOS 1 GARAGE LIABILITY AUTO ONLY - EAACCIDENT AUTO ONLY 6 4,000 , 000 H ANY EXCESSIUMERELLA LIABILITY OCCUR 0 CLAlMSMnDE BE2 8 97 8 8 0 06/12/03 I Is 1 1 DEDUCTIBLE x RETENTION $ 0 NORHERS COMPENSATION AND MPLOYERS' LIABILITY 06/12/03 zAwCI9 0 0 7 9 4NY PROPRIETOR/PARTNEREX€CUTIVE IFFICERIMEMBER EXCLUDED? f yes. descnte under ;PEClAL PROVISIONS below ITHER INS SI EXCLUSIONS ADDED BY ENDORSE1 KT I SPECIAL PROVI IPTION OF OPERATIONS I LOCATIONS I VEHll RE: Swim Complex Filtration/Heating, 3401 Monroe St, Carlsbad, CA Contract #3898-1; Additional Insured: City of Carlsbad (Owner) its officials, employees, and volunteers, Coverage is primary & non-contributory in favor of additional insured, Waiver of subrogation applies to additional insured. CERTIFICATE HOLDER CANCELLATION *except 10 day notice for non-payment of premium. - -. - . . - - - - . . - . . - -- - - . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WlLL ENDEAVOR TO MAIL 3E DAYS WRITEN I- City of Carlsbad Purchasina DeDarhent NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LlABlLrrY OF ANY KIND UPON THE INSURER, ITS AGENTS OR I REPRESENTATIVES. - _- - - - - -_ a - -E -- ~ 1635 Faraday Ave Carlsbad CA 92008 ACORD 25 (2001108) 0 ACORD CORPORATION 1988 From: Patty Dominguez At: Minard-Ames Insurance FaxlD: Minard-Ames lnsuranc To: Kevin - Purchasing Date: 11/5/2003 02:43 PM Page: 3 of 3 POLICY NUMBER: ZAG LB9000 1 COMMERClAL GENERAL LIABILITY r' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FOKM B) This endorsement modifies insurance provided under the following: COMMERClAL GENERAL LlABLlTY COVERAGE PART. SCHEDULE Name of Person OT Organization: City of Carlsbad, its officials, employees and volunteers re: Swim Complex FiltrationlHeating, Contr#3898-1 (If no entry appem above, infomation required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or nrgani7ation shown in the Schedule, hut only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 f- BIDDER'S STATEMENT RE DEBARMENT CONTRACT NO. 38981 SWIM COMPLEX FILTRATION/HEATlNG (To Accompany Proposal) 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? xxx Yes no 2) If yes, what wadwere the name@) of the agency(ies) and what waslwere the period(@ of debarment@)? Attach additional copies of this page to accommodate more than two debarments. party debarred agency period of debarment r BY CONTRACTOR: (- party debarred agency period of debarment Page 1 of 1 pages of this Re Debarment form 9 Revised 7/29/02 Contract No. 38981 Page 23 of 56 Pages BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) SWIM COMPLEX FILTRATIONkIEATING Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826. r CONTRACT NO. 38981 1) Have you ever had your contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? xxx Yes no 2) Has the suspension or revocation of your contractors license ever been stayed? N/A MX Yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor‘s license suspended or revoked by the California Contractors’ State license Board two or more times rwithin an eight year period? xxx Yes no 4) Has the suspension or revocation of the license of any subcontractor’s that you propose to perform any portion of the Work ever been stayed? N/A xxx Yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor. NONE If needed attach additional sheets to provide full disclosure.) Page 1 of 1 pages of this Disclosure of Discipline form /- @ Revised 7/29/02 Contract No. 38981 Page 24 of 56 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) CONTRACT NO. 38981 SWIM COMPLEX FILTRATlON/HEATlNG 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. , N/A NONE (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: CALIFORNIA COMMERCIAL POOLS, INC. Page 1 of 1 pages of this Disclosure of Discipline form f- Revised 7/29/02 Contract No. 38981 Page 25 of 56 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID CONTRACT NO. 38981 SWIM COMPLEX FILTRATION/HEATlNG r PUBLIC CONTRACT CODE SECTION 7106 State of California ) Countyof LOS ANGELES 1 ) ss. E. LEE JACKSON , being first duly sworn, deposes (Name of Bidder) and says that he dmis PRFSI DENT (Title) of CALIFORNIA COMMERCIAL POOLS. INC. (Name of Finn) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that 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 r 3, or of that of any other bidder, or to secure any advantage against the public body awarding the cuntract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that 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, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed onthe 8TH day of SFPTFMBER 9 20n. P Subscribed and rn to before me on the 8TH dayof SEPTEMBER ,20 03 . I!+ (NOTARY SEAL) Signature of Notary KARLA R. STONE Revised 7/29/02 Contract No. 38981 Page 26 of 56 Pages CONTRACT PUBLIC WORKS This agreement is made this 17&-, day of %rW?hU City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and CALIFORNIA COMMERCIAL POOLS, INC. , 2003 , by and between the whose principal place of business is (hereinafter called 2255 EAST AUTO CENTRE DRIVE, GLENDORA, CA 91740-6721 "Cont racto rll). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: SWIM COMPLEX FILTRATIONkIEATING 38981 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner Opera- tor/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, herhis subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 2000 Edition, and supplements thereto, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and CRy does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. @ Revised 7/29/02 Contract No. 38981 Page 27 of 56 Pages 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 251 17 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. indicated. Subsurface or latent physical conditions at the site differing from those C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. f4 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1 101 -1 525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of theeontract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. f Revised 7/29/02 Contract No. 38981 Page 28 of 56 Pages Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91- 403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The auto insurance certificate must state the coverage is for "any auto'' and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (6) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the, certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. City, its officials, employees or volunteers. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the d. whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage shall state that the contractor's insurance shall apply separately to each insured against (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits r except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention Q Revised 7/29/02 Contract No. 38981 Page 29 of 56 Pages ____ - levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. 1(-- investigation, claim administration and defense expenses. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91 -403. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1 , Article 1.5 (commencing with section 201 04) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. r (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (6) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 1 2650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (4 (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. Revised 7/29/02 Contract No. 38981 Page 30 of 56 Pages (F) Carlsbad Municipal C de. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. I" (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this reement is San Diego County, California. init 5 init + I have read and understand all provisions of Section 11 above. 12. Maintenance of Records. Contractor shall maintain and make av lable at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. r e Revised 7/29/02 Contract No. 38981 Page 31 of 56 Pages 16. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED r (CORPORATE SEAL) CONTRACTOR: CALIFORNIA COt$lERCML POOLS, INC. By: ATTEST: E. LEE JACKS0 ESIDENT & TRFASURER (print bhme and title) DAVID E. JACKSON/VICE - PRES. R SFCRFU RY (print name and title) r' President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: City Attorney 7 Revised 7/29/02 Contract No. 38981 Page 32 of 56 Pages ALlFORNlA ALL-PURPOSE ACKNOWLEDGMENT On OCTOBER 27,2003 before me, KARLA R. STONELNOTARY PUBLIC I mte Name and Tflk ofOfbr (ea., "Jam Doe. Ndry Public") personally appeared E. LEE JACKSON AND DAVID E. JACKSON I Nama(s) of Slgnar(r) M personally known to me 0 proved to me on the basis of satisfactory evidence to be the person@) whose name(s) Ware subscribed to the within instrument and acknowledged to me that be/sMthey executed the same in-bis/ker/their authorized capacity(ies), and that by hislhdtheir signature@) on the instrument the person(@, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS m&F ofJal sev NotiYywi-€wfa?l& OPTIONAL Though the information below is not required by law, it may prove valuable to persons relylng on the document and could prevent fraudulent removal and reattachment of this form to another document. Document Date: OCTOBER 27.2003 Number of Pages: Signer(s) Other Than Named Above: Nom Capacity(ies) Claimed by Signer(s) Signer's Name: E. LEE JACKSON Individual IXI Corporate Officer 0 Padnar;a Limited - 0 General 0 Attorney-in-Fact Title(s): P"Dm & TREASURER 0 Trustee- Guardian or Conservator 0 Other: - . . . - . . Signer Is Representing: I I cALIFomcoMMERcIAL 1 POOLS, INC. u Signer's Name: DAVID E. JACKSON CI Individual 0 Attorney-in-Fact Trustee f- Top of th 0 Guardian or Conservator Cl Other: I I Signer Is Representing: I I L CALIFORNIA COMMERCIAL POOLS, INC. ISSUED IN ONE ORIGINAL COUNTERPART LABOR AND ORIGINAL MATERIALS BOND NO: PREMIUM: 560081693 INCLUDED IN THE PREMIUM CHARGED FOR THE PERFORMANCE BOND JHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2003-265 , adopted OCTOBER 7, 2003 , has awarded to I CALIFORNIA COMMERCIAL POOLS, INC. (hereinafter designated as the "Principal"), a Contract for: SWIM COMPLEX FILTRATION/HEATING 38981. in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, -TAI p~ic, TM- , as Principal, (hereinafter designated as the "Contractor"), and xL SPECIALTY INSURANCE COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of TWO HUNDRED SIXTEEN THOUSAND---------------------- -Dollars ($ 216,000 - 00 ), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hisher subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 31 81, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. ............................................................ raresents- This bond shall inure to the benefit of any of the persons named in California Civil Code section 31 81, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. e Revised 7/29/02 Contract No. 38981 Page 33 of 56 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Lxecuted by CONTRACTOR this 23RD Executed by SURETY this 23RO day f-- day of OCTOBER ,20L. of OCTOBER ,2005. CONTRACTOR: SURETY: CALIFORNIA COMMERCIAL POOLS. INC. (name of Contractor) By: DAVID E. JACKSON (print name here) (title and organization of signatory) F'- XL SPECIALTY INSURANCE COflPANY SURETY ADMINSIT ATIVE OFFICE 25 INDEPENDENCE BLVD. dname of Surety) (address of Surety) FN NFI.1 1FRSFV n7nw (95b44-3772 -- (signature of Attorneyh-Fact) JULIA 8. LEONARD (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Depr Attorney (-- Revised 7/29/02 Contract No. 38981 Page 34 of 56 Pages ~~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT On OCTOBER 27,2003 before me, KARLA R. STOWOTARY PUBLIC I personally appeared E. LEE JACKSON AND DAVID E. JACKSON I Ma Nan and llUa of Oflker (sag.. "An bo, Notary PuMk") Name($) of Sipnrr(r) IXI personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)cie/are subscribed to the within instrument and acknowledged to me that 4e/Wthey executed the same in kie/heF/their authorized capacity( ies), and that by Whef/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person@) acted, executed the instrument. WlTNESSm da off alse Public - cdffank SigmhlnofNobryPuMk OPTIONAL Though the infomation below is not required by law, it may prove valuable to persons relying on the document and could prevent liaudulent removal and reattachment of this brm to another document. Description of Attached Document 1, Document Date: OCKlBER 23,2003 Number of Pages: Signer@) Other Than Named Above: NONE Capacity(ies) Claimed by Signer(s) Signets Name: E. LEE JACKSON Individual P3 Corporate Officer 0 PadnW,-iT.U Limited - General 0 Attorney-in-Fact Title(s): PRESIDm & TREASURER 0 Trustee 0 Guardian or Conservator 0 Other: I I Signer Is Representing: I I CALIFORNIA COMMERCIAL I POOLS, INC. u Signer's Name: DAVID E. JACKSON 0 Individual Corporate Officer 0 Partner -0 Limited 0 General 0 Attomey-in-Fact Title(s): VIcE-PRES & SECRETARY 0 Trustee Guardian or Conservator 0 Other: I I Signer Is Representing: I I CALIFORNIA COMMERCIAL I POOLS, INC. u CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA 2ounty of RIVERSIDE -, On OCT 2 3 2m before me, S.L. KYSETH, NOTARY PUBLIC 1 Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared JULIA B. LEONARD, AlTORNEY IN FACT I Name@) of Signefls) personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity( ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. IIu---II-I-u-Iu- OpT/O#AL----------------- Though the information below is not required by law, it may prove valuable to persons relying on the dowment and could prevent fraudulent removal and reattachment of this form to another dowment. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Individual - 0 Corporate Officer 0 Titles(s): Partner-n Limited General Attorney-in-Fact 0 Guardian or Conservator Trustee Other: Signer Is Representing: I I Signer's Name: 0 Individual Corporate Officer Title(s): Partner-• Limited 0 General Attorney-in-Fact Trustee Guardian or Conservator 0 Other: I I Signer Is Representing: I I I I BD-1133 09/00 I SURETY DISCLOSURE NOTICE CONCERNING FEDERAL TERRORISM RISK INSURANCE ACT You should know that, effective November 26, 2002, the US Congress enacted the Terrorism Risk Insurance Act of 2002 (the "Act"). Under the Act, any covered losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. In accordance with this Act, we are providing this disclosure notice for bonds on which XL Specialty Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the bond premium attributable to coverage for certified acts of terrorism under the Act is Zero Dollars ($0.00) V LINSURANCE >Ad SURETY XL Sway 2 Logan Square Sults 2001 Phllad6lphle, PA 19103 USA Jsrnej E. Csrroll Senior Vlco Presldent - Surety August 15,2003 To Whom It May Concern RE: ATTORNEYS n\T FACT Please accept this letter as verification that Kenneth A. Coate, Mask N. Gladding, and Julia €3. Leonard as employees of Inland Surety Bonds and Insurance Services have been appointed by and are me and lawful Attorney(s)-in-Fact of XL Specialty Insurance Company. Sincerely, - AS E. Carroll 2 nior Vice President JECllv A rnsrnbar or ma XL Cubital gro~p ISSUED IN ONE ORIGINAL COUNTERPART BOND NO: 580081692 UNLIMITED POWER OF ATTORNEY "NOW ALL MEN BY THESE PRESENTS: That the XL SPECIALTY INSURANCE COMPANY, a corporation organized and existing by virtue of the laws of the Leonard as employees ofhland Surety Bonds & Insurance Services, its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds, undertakings, recognizances and written obligations in the nature thereof, the penal sum of no one of which is in any event to exceed $UNLIMITED. Such bonds and undertakings, when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 5th day of December, 1988: "RESOLVED, That the President, or any Vice President of the Company or any person designated by any one of them is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship, and that any Secretary or any Assistant Secretary of the Company be, and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the Seal of the Company. FURTHER RESOLVED, That the signature of such officers and the Seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached." Bonds executed under this Power of Attorney may be executed under facsimile signature and seal pursuant to the following Resolution adopted by the Board of Directors of the Company on August 6,2001. ite of Illinois ("Company" or "Corporation"), does hereby nominate, constitute and appoint, Kenneth A. Coate, Mark N. Cladding and Julia B. "RESOLVED, That the signature of the President of this Company, and the seal of this Company may be affixed or printed on any and all bonds, undertakings, recognizances, or other written obligations thereof, on any revocation of any Power of Attorney, or on any certificate relating thereto, by facsimile, and any Power of Attorney, any revocation of any Power of Attorney, bonds, undertakings, recognizances, certificate or other written obligation, bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this 6th day of August, 2001. XL SPECIALTY INSURANCE COMPANY BY: PRESIDENT Attest: SECRETARY STATE OF ILLINOIS COUNTY OF COOK ss. On this 6th day of August, 2001, before me personally came Nicholas M. Brown, Jr. to me known, who, being duly sworn, did depose and say: that he is President of the Company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company; and that he executed the said instrument by like order and authority: NOTARY PUBLIC STATE OF ILLINOIS COUNTY OF COOK ss. I, Ben M. Llaneta, Secretary of the XL SPECIALTY INSURANCE COMPANY a corporation of the State of Illinois, do hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and that I have compared same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at the City of Schaumburg, this 23RD day of OCTOBER ,2003. SECRETARY ORIGINAL F ISSUED IN ONE ORIGINAL COUNTERPART BOND NO: SB0081693 PREMIUM: 3.111.00 FAITHFUL PER FOR MAN CENVAR R ANTY BO^ D THE Is PRED,CATED ON THE FINAL CONTRACT PRICE AND IS SUBJECT TO ADJUSTMENT r'JHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No.2003-265 . , adopted OCTOBFR 7. 2003 , has awarded to CALIFORNIA COMMERCIAL POOLS, INC. , (hereinafter designated as the "Principal"), a Contract for: SWIM COMPLEX FILTRATION/HEATING 38981. in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, CALIFORNIA COMMERCIAL POOLS, INC. , as Principal, (hereinafter designated as the "Contractor"), and XL SPECIALTY INSURANCE conPANv , as Surety, are held and firmly bound unto the City of Carlsbad, THOUSAND in the sum of Dollars ($216.000,00 ), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, r" -. bxecutors and administrators, successors or assigns, johtly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforking such obligation, all to be taxed as 'costs and included in any judgment rendered. . Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 7/29/02 Contract No. 38981 Page 35 of 56 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. r" Executed by CONTRACTOR this 23~~ day of OCTOBER ,20 04 . CONTRACTOR: CALIFORNIA CONmERCIAL POOLS. INC. (name of Contractor) By: - W DAVID E. JACKSON (print name here) VICE-PRESIDENT & SECRETARY (CORP) f-- PRESIDENT & TREASURER (CORP) (Title and Organization of signatory) Executed by SURETY this 23~0 day of g OCTOBER , 2004. SURETY: XL SPECIALTY INSURANCE =ANY (name of Surety) SURETY ADMINISTRATIVE OFFICE 25 INDEPENDENCE BLVD. 1 (address of Surety) (925) 944-3772 (tmone number of Surety) By: JULIA E. LEONARD (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: a Revised 7/29/02 Contract No. 38981 Page 36 of 56 Pages personally appeared E. LEE JACKSON AND DAVID E. JACKSON I Nemr(s) d Slgner(s) EI personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)ielare subscribed to the within instrument and acknowledged to me that helshdthey executed the same in kis/her/their authorized capacity(ies), and that by hklRerltheir signature@) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. wT#yfLLJ Sbntum of Notary Public OPTIONAL Though the inhrmation below is not required by law, it may prove valuable to persons re/ying on the dowment and could prevent kaudulent removal and reattachment of this fwm to another document. Description of Attached Document Document Date: WI'OBER 23,2003 Number of Pages: Signer@) Other Than Named Above: NONE Capacity(ies) Claimed by Signer(s) Signer's Name: E. LEE JACKSON 0 Individual 0 Padn~,-EILimited - OGeneral 0 Attomev-in-Fact 0 Trustee- 0 Guardian or Conservator 0 Other: Signer Is Representing: CALIFORNIA COMMERCIAL POOLS, INC. Signer's Name: DAVID E. JACKSON 0 Individual Corporate Officer 0 htner -0 Limited 0 General 0 Attomey-in-Fact Title(s): VICE-PRES & SECRETARY Top of thumb here r 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: CALIFORNIA COMMERCIAL POOLS, INC. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA ,ounty of RIVERSIDE On OCT 2 3 2003 before me, S.L. KYSETH, NOTARY PUBLIC 8 4 Name and Tie of Officer (ea., "Jane Doe, Notary Public") personally appeared JULIA B. LEONARD, AlTORNEY IN FACT I Name(s) of Signer@) personally known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and ofFicia uyI-~u---u-u-I---- OpT/ONAL-------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another dowment. Description of Attached Document 4 Title or Type of Document: document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer@) Signer's Name: 0 Individual I7 Corporate Officer 0 Titles(s): 0 Partner-• Limited 0 General 0 Attorney-in-Fact 0 Trustee Guardian or Conservator 0 Other: Signer Is Representing: BD-1133 09/00 Signer's Name: Individual Corporate Officer 0 Title(s): 0 Partner-• Limited General Attorney-in-Fact Signer Is Representing: 4 SURETY DISCLOSURE NOTICE CONCERNING FEDERAL TERRORISM RISK INSURANCE ACT You should know that, effective November 26, 2002, the US Congress enacted the Terrorism Risk Insurance Act of 2002 (the "Act"). Under the Act, any covered losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. In accordance with this Act, we are providing this disclosure notice for bonds on which XL Specialty Insurance Company is the surety. DISCLOSURE OF PREMIUM 4 The portion of the bond premium attributable to coverage for certified acts of terrorism under the Act is Zero Dollars ($0.00) .. *- . V L, INSURANCE >Ac SURETY c" r August 15,2003 XL sumly 2 Logan Square SUW 2001 Phlladdetphls, PA 18103 USA To Whom It May Concern RE: ATTOWYS IN FACT Please accept this letter as verification that Kenneth A. Coate, Maik N. Gladding, and Julia €3. Leonard as employees of Inland Surety Bonds and Insurance Services have been appointed by and are true and lawful Attomey(s)-in-Fact of XL Specialty Insurance Company. Sincerely, s E. Carroll nior Vice President F JECfiV -E ORIGINAL COUNTERPART BOND NO: SB0081692 UNLIMITED POWER OF ATTORNEY "VOW ALL MEN BY THESE PRESENTS: That the XL SPECIALTY INSURANCE COMPANY, a corporation organized and existing by virtue of the laws of the Leonard US empfoyees ofhland Surety Bonds & Insurance services, its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds, undertakings, recognizances and written obligations in the nature thereof, the penal sum of no one of which is in any event to exceed %UNLIMITED. Such bonds and undertakings, when duly executed by the aforesaid Attomey(s)-in-fact shall be binding upon the said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 5th day of December, 1988: "RESOLVED, That the President, or any Vice President of the Company or any person designated by any one of them is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship, and that any Secretary or any Assistant Secretary of the Company be, and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the Seal of the Company. FURTHER RESOLVED, That the signature of such officers and the Seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached." Bonds executed under this Power of Attorney may be executed under facsimile signature and seal pursuant to the following Resolution adopted by the Board of Directors of the Company on August 6,2001. te of Illinois ("Company" or "Corporation"), does hereby nominate, constitute and appoint, Kenneth A. Code, Mark N. Gfudding and Julia B. "RESOLVED, That the signature of the President of this Company, and the seal of this Company may be affixed or printed on any and all bonds, undertakings, recognizances, or other written obligations thereof, on any revocation of any Power of Attorney, or on any certificate relating thereto, by facsimile, and any Power of Attorney, any revocation of any Power of Attorney, bonds, undertakings, recognizances, certificate or other written obligation, bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this 6th day of August, 2001. XL SPECIALTY INSURANCE COMPANY BY: Attest: PRESIDENT SECRETARY STATE OF ILLINOIS COUNTY OF COOK ss. On this 6th day of August, 2001, before me personally came Nicholas M. Brown, Jr. to me known, who, being duly sworn, did depose and say: that he is President of the Company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company; and that he executed the said instrument by like order and authority: NOTARY PUBLIC STATE OF ILLINOIS COUNTY OF COOK ss. I, Ben M. Llaneta, Secretary of the XL SPECIALTY INSURANCE COMPANY a corporation of the State of Illinois, do hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and that I have compared same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at the City of Schaumburg, this 23RD day of OCTOBER ,2003. SECRETARY OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION r' 1 This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for SWIM COMPLEX FILTRATIONIHEATING 38981. in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall f4 consents to the withdrawal of the amount sought to be withdrawn by Contractor. Revised 7/29/02 Contract No. 38981 Page 37 *of 56 Pages immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. ' 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR Name Signature Address For Contractor: f" Title Name Signature Address For Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 7/29/02 Contract No. 38981 Page 38 of 56 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For Contractor: For Escrow Agent: r Title MAYOR Name Signature Address Title Name Signature Address Title Name Signature Address @ Revised 7/29/02 Contract No. 38981 Page 39 of 56 Pages r' SUPPLEMENTAL PROVISIONS FOR SWIM COM PLEX FI LTR ATION/H EAT1 N G CONTRACT NO. 38981 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed, "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. (" 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency -the City of Carlsbad, California. City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or hidher approved representative. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Engineer - the Public Works Director of the City of Carlsbad or hisher approved representative. The Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract @ Revised 7/29/02 Contract No. 38981 Page 40 of 56 Pages Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and.paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner OperatorLessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Public Works Manager - The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Project Inspector - the Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Construction Manager - the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. 1-3 ABBREVIATIONS 1-3.2 Common Usage, Abbreviation Word or Words CSSD ..................................... Carlsbad Supplemental Standard Drawings cfs ........................................... Cubic Feet per Second Comm ..................................... Commercial DR .......................................... Dimension Ratio . E ............................................. Electric G, ............................................ Gas gal ........................................... Gallon and Gallons GNV ....................................... Ground Not Visible gpm ......................................... allons per minute IE ............................................ Invert Elevation MSL ........................................ Mean Sea Level (see Regional Standard Drawing M-12) OHE ....................................... Overhead Electric ROW ...................................... Right-of-way S .............................................. Sewer or Slope, as applicable SDRSD ................................... San Diego Regional Standard Drawing SFM ........................................ Sewer Force Main T ............................................. Telephone UE .......................................... Underground Electric W ............................................ Water, Wider or Width, as applicable SECTION 2 -- SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to a Revised 7/29/02 Contract No. 38981 Page 41 of 56 Pages ' cancel the contract or to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, T'the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (1 0) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-4 CONTRACT BONDS, The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000). Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. ($1 0,000,000). The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. (4 instrument entitling or authorizing the person who executed the bond to do so. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 2000 Edition and supplements thereto, hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans consist of Drawing No. 38981, Sheets 1-8. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter designated as CMWDSD, as issued by the Carlsbad Municipal Water District. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions. Revised 7/29/02 Contract No. 38981 Page 42 of 56 Pages r r' 2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent ,f- edition of the following documents listed in order of highest to lowest precedence: 1 ) Permits from other agencies as may be required by law. 2) Technical Specifications 3) .Supplemental Provisions. 4) Plans. 5) Standard Plans. a) City of Carlsbad Supplemental Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) State of California Department of Transportation Standard Plans. 6) Standard Specifications for Public Works Construction. 7) Reference Specifications. 8) Manufacturer's Installation Recommendations. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 8) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3.3 Submittals, add the, following: Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: Project title and Agency contract number. Number of complete sets. Contractor's certification statement. Specification section number(s) pertaining to material submitted for review. Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) Description of the contents of the submittal. Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked i incorporated into this Project, is in compliance with the Contrac allocated spaces, and is submitted for approval." By: E. LEE JACKSON/PRESIDENT & TREASURER Title: a1 is that proposed to be can be installed in the Date: OCTOBER 27, 2003 Company Name: Add the following: 2-5.4 Record Drawings, CALIFORNIA COMMERCIAL POOLS, INC. V The Contractor shall provide and keep up-to-date a complete "as-built" record @ Revised 7/29/02 Contract No. 38981 Page 43 of 56 Pages set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from r" the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by section 2-5.4 shall be included in the various bid items and no additional payment will be made therefor. 2-9 SURVEYING 2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by $5 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing f^ control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. Add the following section: 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (8'/*" by 11") paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labled with name of the Surveyor, the party chief, field crew members and preparer of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with 53 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under 53 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey I f^ * Revised 7/29/02 Contract No. 38981 Page 44 of 56 Pages shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record@) of Survey(s) shall be submitted for the Engineer’s review and approval before submittal to the County Surveyor and before submittal to the County Recorder. 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made therefor. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees therefor, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made therefor. - r 2-10 AUTHORITY OF BOARD AND ENGINEER. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may request. 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor’s staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor’s ongoing business operations. Contractor and all subcontractors to this contracf shall maintain such data and records for as long as may be required by applicable laws and regulations. SECTION 3 -- CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-3 EXTRA WORK. 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and r subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. Revised 7/29/02 Contract No. 38981 Page 45 of 56 Pages 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: (a) constitute the markup for all overhead and profits: (“ 1) Labor ................................... 20 2) Materials ............................. 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. Work by contractor. The following percentages shall be added to the Contractor‘s costs and shall (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor’s actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a ,f- prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-1 2655. “The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-1 2655. Th further understands and agrees that this potential claim, unless resolved, must be restated to the City’s proposed final estimate in order for it to be further considered.” By: E. LEE JACKSON/PRESIDENT & TREAW ER Title: Date: OCTOBER 27, 2003 C Company Name: CALIFORNIA COMMERCIAL POOLS. INC. ~ V @ Revised 7/29/02 Contract No. 38981 Page 46 of 56 Pages The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Public Works Manager 4. Public Works Director 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim.the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under. the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1 , Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that fr "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work Revised 7/29/02 Contract No. 38981 Page 47 of 56 Pages and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any (d) This article applies only to contracts entered into on or after January 1 , 1991. r" work which may give rise to a claim under this article. 201 04.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy- five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the C claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The f- mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day a Revised 7/29/02 Contract No. 38981 Page 48 of 56 Pages period, any party may petition the court to appoint the mediator. (b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141 .lo) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding (" Section 11 41 .ll of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 201 6) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. r 4-1.4 Test of Materials, Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by r Revised 7/29/02 Contract No. 38981 Page 49 of 56 Pages noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor’s responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 -- UTILITIES r 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. In conformance with section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Cohtractor, upon the Engineer’s approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor’s convenience and no additional compensation will be allowed therefor or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-6 COOPERATION. f Add the following: Contractor shall notify utilities before any kind of work is performed adjacent to or Revised 7/29/02 Contract No. 38981 Page 50 of 56 Pages involving their facilities. r" f- SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within FIVE calendar days after receipt of the "Notice to Proceed". A fixed construction schedule is required for timely execution of this project. The parties to this contract (City and Contractor) hereby agree to the following "Fixed Construction Schedule" FIXED CONSTRUCTION SCHEDULE 1. Following "Notice to Proceed", the contractor shall have a rriaximum of 15 calendar days to receive and have approved all material submittal drawings, cut-sheets, etc.. 2. The contractor shall have a maximum of 30 calendar days to order materials. Upon receipt of delivery of materials at the site, the contractor shall be entitled to 50% of payment. Proof of delivery by issue of invoices and/or delivery receipts to City repre- sentative shall be required. 3. Upon approval of submittals, the contractor shall perform the following work in preparation for shut down: reroute sump pump, backfill D.E. collection pit, pour filter slab, infill concrete weir, and construct catwalk system off site. 4. On November 24, 2003, the contractor shall proceed with demolition and installation of remaining work to completion. 5. The contractor shall have all work completed by 500 p.m. on December 12, 2003. Pool Closure The City has scheduled a pool closure from 6 a.m. on Monday, November 24,2003 until 5 p.m. on Friday, December 12, 2003. The contractor shall conform his work schedule to this closure. The existing heating and filtering equipment is to remain in full operation until November 24, 2003. The contractor may access the site to perform work prior to disconnection of the existing equipment. Lead time It is the responsibility of the contractor to verify that all materials are available at the time of bidding so this fixed schedule will continue uninterupted. Rain Delays Because the project is located within a covered structure, there will be no additional construction days provided to compensate for rain delays. 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. @ Revised 7/29/02 Contract No. 38981 Page 51 of 56 Pages 6-1.2 Measurement And Payment Of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be (" made therefor. 6-2 PROSECUTION OF WORK. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes 1. Order all Pool equipment and notify the architect and city of the longest lead time items. 2. Reroute (E) Sump Pump piping to (E) backwash sump. 3. Backfill (E) D.E. collection pit, pour new filter slab and provide weir wall concrete infill. 4. Construct Catwalk/Rail system off site and have ready for installation. 5. Upon receipt of all mechanical equipment and permission from City, proceed with pool and chemical shutdown, maindrain isolation and pool drain down below gutter lip. 6. Demolish/remove (E) mechanical equipment , piping and valving as required. 7. Install new mechanical equipment, piping, valving and catwalk system. 8. Start-up and commissioning of new systems. 6-2.3 Project Meetings. NOT USED. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion no later than December 12, 2003. Liquidated damages will begin to be assessed on December 13,2003, should construction exceed the deadline. 6-7.2 Working Day. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 6:OO a.m. and 1O:OO p.m. on Mondays through Saturdays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends andlor holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in hisker sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that r' all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the 6-8 COMPLETION AND ACCEPTANCE. @ Revised 7/29/02 Contract No. 38981 Page 52 of 56 Pages Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. r 6-9 LIQUIDATED DAMAGES. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of One Thousand Dollars ($1,000). Execution of the Contract shall constitute agreement by the Agency and Contractor that One Thousand dollars per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not a constitute a waiver of this paragraph or of any damages. SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR 7-3 LIABILITY INSURANCE. All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official r"' publication of the Department of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of- way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. 7-7 COOPERATION AND COLLATERAL WORK. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. @ Revised 7/29/02 Contract No. 38981 Page 53 of 56 Pages 7-8.1 Cleanup and Dust Control. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in hidher sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.5 Temporary Light, Power and Water. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be consldered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.6 Water Pollution Control. The Contractor shall comply with all requirements of the storm water pollution and monitoring plan prepared for this project in accordance with the California State Water Resources Control Board order number 92-08-DWQ, NPDES General Permit number CAS000002 and the “Water Discharge Requirement for Discharges of Storm Water Runoff Associated with Construction Activity“ 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-1 0 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City’s contracted waste disposal company, Coast Waste Management at 929-941 7. In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 48 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. 7-10.3 Street Closures, Detours, Barricades. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following : 2) Carlsbad Fire Department Dispatch .................................................. (760) 931 -21 97 3) Carlsbad Police Department Dispatch .............................................. (760) 931 -21 97 6) North County Transit District ...................................... i ....................... (760) 743-9346 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer’s written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects 1) The Engineer ..................................................................................... (760) 438-1161 X-4411 4) Carlsbad Traffic Signals Maintenance ............................................... (760) 438-2980 X-2937 5) Carlsbad Traffic Signals Operations .................................................. (760) 438-1 161 X4500 7) Coast Waste Management ................................................................ (760) 929-9400 a Revised 7/29/02 Contract No. 38981 Page 54 of 56 Pages bus stops. 7-10.3 Street Closures, Detours, Barricades. Traffic controls shall be in accordance with the plans, r Chapter 5 of the California Department of Transportation "Manual of Traffic Controls," 1996 edition and these Supplemental Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at hislher sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-1 0.3.1 Construction Area Signs and Control Devices. NOT USED 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-13 LAWS TO BE OBSERVED. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish r and Game Code shall become conditions of the contract. SECTION 9 -- MEASUREMENT and PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.4 Units of Measurement, The system of measure for this contract shall be the U.S. Standard Measures. 9-3 PAYMENT. 9-3.1 General. of recordation of the "Notice of Completion" Guarantee periods shall not be affected by any payment but shall commence on the date 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that r additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper Revised 7/29/02 Contract No. 38981 Page 55 of 56 Pages payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within. thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.01 0 of the Code of Civil Procedure. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disp-uted items. 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Revised 7/29/02 Contract No. 38981 Page 56 of 56 Pages 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the will not be included in the progress estimate. Add the following section: 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be made at the lump-sum price bid, and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. r @ Revised 7/29/02 Contract No. 38981 Page 57 of 56 Pages CITY OF CARLSBAD SWIM COMPLEX FILTRATION/HEATING REPLACEMENT 3401 MONROE STREET CARLSBAD, CALIFORNIA PROJECT MANUAL JULY 2003 PREPARED BY: AQUATIC DESIGN GROUP, INC. 1950 KELLOGG AVENUE CARLSBAD, CALIFORNIA 92008 TEL 760-438-8400 FAX 760-438-525 1 r TABLE OF CONTENTS . CONSTRUCTION SPECIFICATIONS SWIM COMPLEX FILTRATIONmATING REPLACEMENT INTRODUCTORY INFORMATION 00001 Project Title Page 00010 Table of Contents BIDDING REQ.S, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT TECHNICAL SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS 01 110 Summary of Work 01330 Submittals and Substitutions 01450 Quality Control 01770 Closeout Procedures DIVISION 2 - SITE CONSTRUCTION 02050 Demolition DIVISION 3 - CONCRETE No Sections Listed DIVISION 4 - MASONRY No Sections Listed DIVISION 5 - METALS No Sections Listed DIVISION 6 - WOOD AND PLASTICS No Sections Listed DMSION 7 - THERMAL AND MOISTURE PROTECTION No Sections Listed DMSION 8 - DOORS AND WINDOWS No Sections Listed DIVISION 9 - FINISHES No Sections Listed DIVISION 10 - SPECIALTIES - No Sections Listed DIVISION 11 - EQUIPMENT No Sections Listed DIVISION 12 - FURNISHINGS No Sections Listed DMSION 13 - SPECIAL CONSTRUCTION 13150 Swimming Pool General Conditions 13152 Swimming Pool Concrete 13156 Swimming Pool Equipment 13157 Swimming Pool Mechanical 13158 Swimming Pool Electrical r DIVISION 14 - CONVEYING SYSTEMS No Sections Listed DIVISION 15 - MECHANICAL No Sections Listed DMSION 16 - ELECTRICAL J No Sections Listed DIVISION 1 SECTION 01 110 SUMMARY OF WORK PAGE 1 OF 3 f-' r SECTION 01110 -SUMMARY OF WORK PART 1 - GENERAL 1.01 1.02 DESCRIPTION The General Conditions apply to all work of this Section. A. Section Includes: 1. 2. 3. 4. 5. Description of the Work (refer to 1.03). Duties of the Contractor (refer to 1.04). Owner-furnished productshtems (refer to 1.06). Permits and fees (refer to 1.06). Layout of work (refer to 1.07). 1.03 WORK COVERED BY CONTRACT DOCUMENTS A. The work is that of limited demolition of existing mechanical room equipment, piping and valving and installation of new mechanical equipment and associated improvements. Project is located at 3401 Monroe Street, Carlsbad, California. B. Work of this contract generally consists of limited demolition and new construction and such other items not mentioned that are required by the Contract Documents, law and governmental codes and regulations. C. For convenience, the Specifications are divided into sections as set forth in the Table of Contents, but such semgation shall not be considered as limiting the work of any subcontract or trade, and the Owner will not be responsible for any division of work by subcontracts. Unless otherwise provided, the Contractor shall be solely responsible for all subcontract arrangements of work regardless of the locations of provisions in the Specifications. D. Compensation for bid items not specifically identified in these Special Provisions shall include all labor, materials, tools, equipment, safety measures, and supervision required to complete the work to grades and dimensions shown on the plans or staked in the field. There shall be no compensation except for bid items specified in the Bidder's Proposal. The cost of all'work in the Contract Documents not specifically identified as a bid item or described within a bid item shall be included 10/2002 SWIM COMPLEX FILTRATION/HEATING RELACEMENT DIVISION 1 SECTION 0 1 1 10 (- r SUMMARY OF WORK PAGE 2 OF 3 in related bid items, and no additional compensation shall become due the Contractor by nature of compliance with the Contract Documents except as provided for in the General Conditions of the Contract for Construction, under "Changes in the Work." 1.04 CONTRACTOR DUTIES A. Construct the work under a single prime contract in strict conformity with the Contract Documents. B. Accept the site and the character of the work as they exist on the first day of work under this Contract. C. Coordinate work of employees and subcontractors. D. Expedite the work to assure compliance with schedules. E. Coordinate the work with that of other contractors and work done by the Owner. F. Comply with orders and instructions of the Owner's Representative. 1.05 CONTRACTOR FURNISHED PRODUCTS A. Contractor Responsibilities: 1. Designate needed submittals and delivery date for each product in progress schedule. Coordinate deliveries with Owner's Representative. 2. Receive product(s) at site. Store until incorporated into the work. 3. Inspect deliveries jointly with Owner's Representative, record shortages and damaged or defective items. ' 4. Protect product(s) from damage, theft and from exposure to the elements. 5. Assemble, install, connect, adjust and/or finish product(s) as required under provisions of the Contract Documents. 6. Repair or replace products damaged or stolen subsequent to receipt, at no cost to the Owner. 1.06 PERMITSANDFEES 10/2002 r SWIM COMPLEX FILTRATION/HEATING RELACEMENT DIVISION 1 SECTION 0 1 1 10 SUMMARY OF WORK PAGE 3 OF 3 A. The Contractor shall obtain and pay for all permits, fees and licenses required by all government agencies and necessary for successful completion of the work. The Contractor shall maintain copies of all required permits on site and shall, upon request, furnish the Owner with copies thereof. 1.07 LAYOUT OF WORK A. Field surveys for control of all grading and construction shall be the responsibility of the Contractor. All such surveys, including construction staking, shall be under the supervision of a California licensed surveyor or civil engineer. Staking shall be performed on all items ordinarily requiring grade and alignment at intervals normally accepted by the agencies and trades involved. Payment for construction survey staking shall be considered as included in the various items of work and no additional allowance will be made thereof. Bench marks shall be provided by the Owner as shown on Drawings. PART 2 - PRODUCTS NOT USED r' PART 3 - EXECUTION NOT USED END OF SECTION 10/2002 SWIM COMPLEX FLTRATION/HEATING RELACEMENT DIVISION 1 SECTION 01330 f"' SUBMITTALS PAGE 1 OF6 SECTION 01330 - SUBMITTALS PART 1 - GENERAL 1.01 DESCRIPTION A. Section Includes: 1. Submit to the Architect shop drawings, product data and samples required under the various Sections of these Specifications. 2. Prepare and submit with Construction Schedule, a separate schedule listing dates for submission and dates reviewed shop drawings, product data and samples will be needed for each product. 1.02 PRODUCT HANDLING A. Make all submittals of Shop Drawings, Samples, and requests for substitution in accordance with the provisions of these Specifications. ("' PART 2 - PRODUCTS 2.01 SCHEDULE OF SUBMITTALS A. Compile a complete schedule of all submittals required for the project, complete with major division and subdivision headings and broken into individual trades. Format shall be 8-1/2" x 11". The schedule shall be in such a form as to allow for notations next to each required submittal including, but not necessarily limited to, submission dates, action taken, approvals and re-submittals. Submit such a schedule to the Architect for his comments and approval. The approved Schedule of Submittals shall be kept current at all times and an updated copy shall be kept in the Project Field Office for review. ' 2.02 SHOP DRAWINGS AND PRODUCT INFORMATION SUBMITTALS A. Unless otherwise specifically directed by the Architect, make all Shop Drawings accurately to a scae sufficiently large to show all pertinent features of the item and its' method of connection and interface to the Work. B. Submit all Shop Drawings in the form of four (4) blueline prints of each Shop Drawing. In the case of Product Information, submit no less than four (4) copies for review. Where contents of submitted product information include data not pertinent to the submittal, clearly indicate which portion is being submitted for review. 10/2002 SWIM COMPLEX FILTRATIONlHEATING RENOVATION DIVISION 1 SECTION 0 1330 r SUBMITTALS PAGE 2 OF 6 C. Submittals are required on all items to ensure the latest and most complete manufacturer's data is available. The Contractor assumes full responsibility for problems which could have been noted on valid submittals not furnished. D. In the event that an item or items specified by the Architect will not be available in time for installation during orderly progress of the Work, so notify the Architect prior to receipt of bids. Verify that all items specified will be available. Costs of delays because of non-availability of materials will be back-charged as necessary and shall not be bo.rne by the Owner. E. Of the four (4) bluelines required; two bluelines will be returned to the Contractor upon completion of the Architect's review, one will be sent to the Owner and the other will be kept on file in the Architect's office. 2.03 SAMPLES A. ' Unless otherwise specifically directed by the Architect, all Samples shall be of the precise article proposed to be furnished. B. Submit all Samples in the quantity which is required to be returned, plus one (1) which will be retained by the Architect. 2.04 CALCULATIONS A. Where required, structural calculations shall be performed by a licensed civil or structural engineer, and shall be sufficient to show the adequacy of all members and connections to be reviewed. 2.05 COLORS A. Unless the precise color and pattern is specifically described in the Contract Documents, whenever a choice of color or pattern is available in a specified product submit accurate color charts and pattern charts to the Architect for his review and selection. . B. Unless all available colors and patterns have identical costs and identical wearing capabilities and are identically suitable for the installation, completely describe the relative costs and capabilities of each. 2.06 MANUALS (4 10/2002 SWIM COMPLEX FILTRATION/HEATING RENOVATION DIVISION 1 SUBMITTALS SECTION 01330 PAGE 3 OF 6 r A. Where manuals are required to be submitted upon completion of the installation, . prepare all such manuals in durable plastic binders approximately 8-1/2" x 11" in size and with at least the following features: 1. Identification readable through the outside of the cover, stating the general nature of the manual and the project to which it pertains. 2. Neatly typewritten Index near the front of the manual, furnishing immediate information as to location in the manual of all data regarding the installation. 3. Complete instruction regarding operation and maintenance of all equipment involved. 4. Complete nomenclature of all replaceable parts, their part numbers, current cost and name and address of the Vendors of the parts. 5. Copy of all guarantees and warranties issued on the installation. r- 6. Copy of the approved Shop Drawings with all data concerning changes made during construction. B. Where contents of manuals include manufacturer's catalog, clearly indicate the precise items included in this installation and delete, or otherwise clearly indicate, all manufacturer's data with which this installation is not concerned. C. Unless otherwise specifically directed by the Architect, deliver two (2) coties of the manual to the Owner and one (1) copy to the Architect. 2.07 RECORD DRAWINGS A. Where required by the Contract Documents or where changes to the Contract Documents have been made by change order, revision to clarification drawings, or where minor changes to the Contract were required because of unforeseen conditions or as may be required by the Architect, prepare accurate Record Drawings indicating all pertinent data and dimensions necessary to adequately describe the contract deviations to the Owner for his future use. 2.08 SUBSTlTUTIONS A. Reference in the Contract Documents to any material, product, or process by name, make or catalog number shall be interpreted as establishing a standard of quality and design intent and not construed as prohibiting substitutions of any other such 10/2002 SWIM COMPLEX FILTRATIONRIEATING RENOVATION DIVISION 1 SECTION 01330 f-c SUBMITTALS PAGE 4 OF 6 r r" material, product, or process, provided such substitution is specifically approved by the Architect prior to receipt of bids. Requests for substitutions shall be submitted no later than ten (10) working: days prior to bid date. B. Acceptance of substitutions will not relieve the Contractor from responsibility for complying with the Contract Documents. C. At the discretion of the Architect, testing of samples of materials proposed for substitutions may be required. The testing shall be done by an independent testing laboratory selected by the Owner, the costs of which shall be borne by the Contractor. D. At the discretion of the Architect, the Contractor may be required to furnish a written guarantee, in addition to that already required, ensuring the satisfactory performance of the proposed substitutes. E. All additional labor and materials which may be required for the proper installation of any substitution, or required as a consequence of any substitution, will be provided at no additional cost to the Owner. Bids shall be based upon the data given in the Contract Documents, or upon previously approved items or techniques as "approved equals" by the Architect. Where calculations or shop drawings are required for approval, allowance shall be made for meeting the requirements of the Contract Documents and all applicable codes and ordinances.- F. G. Bidders may, in addition, submit separate bids using materials and equipment of other manufacturers, providing the difference ,in cost is stated for each item proposed to be substituted. H. ' Provide to the Architect all information necessary and required to evaluate proposed substitutions. Do not base bid on the assumptions that a material will be approved as equal by the Architect unless the item has been specifically approved for this Work by the Architect prior to the receipt of bids. I. The Contractor assumes full responsibility that substituted items or procedures will meet the job requirements and is responsible for the cost of redesign and of modifications to this and all other parts of the work caused by substituted items. J. Submittals will be checked for general conformance with the design concept of the project, but acceptance does not guarantee quantities shown and does not supersede requirements to properly install work. Submittals for proposed alternatives will be 10/2002 SWIM COMPLEX FILTRATIONEIEATING RENOVATION DIVISION 1 SECTION 01330 SUBMITTALS PAGE 5 OF 6 judged not only for the acceptability of the items themselves, but of the items as they are used under the conditions of this particular project. PART 3 - EXECUTION 3.01 IDENTIFICATION OF SUBMITTALS OR SUBSTITUTIONS A. Completely identify each submittal and re-submittal by showing at least the following information: 1. Name and address of entity submitting information, plus name and telephone number of individual who may be contacted for further information. 2. Name of project for this Work. 3. Drawing number and Specification Section number to which the submittal applies. 4. Number of all submittals sequentially, whether this is an original submittal or a re-submittal, and if a re-submittal, what number re-submittal. 3.02 COORDINATION A. Prior to submittal for Architect's review: 1. Fully coordinate all submittals by determining and verifying all field dimensions and conditions, materials, catalog numbers, and similar data. 2. Coordinate as required with all other trades and with all public agencies involved. 3. Secure all necessary prior approvals and signify by stamp, or other means, that they have been secured. 4. Clearly indicate all deviations from Contract Documents. 3.03 TIMING OF SUBMlTTALS A. Make all submittals within thirty (30) days of the date of the award of the contract for the Work, and far enough in advance of scheduled dates of installation to provide adequate time for all required reviews, both by the Architect and his consultants, for securing necessary approvals, for possible revision and re-submittal, f- 10/2002 SWIM COMPLEX FILTRATIONHEATING RENOVATION DIVISION 1 SECTION 01330 SUBMITTALS PAGE 6 OF 6 r' and for placing of orders and securing delivery. In scheduling, allow a minimum of ten (10) full working days for the Architect's review. Cost of delays occasioned by the tardiness of submittals will be back-charged as necessary. 3.04 ARCHITECT'S REVIEW A. The Architect's review will be only for conformance with the design concept and with the information given in the Contract Documents. The Architect's review and approval of Shop Drawings and Samples shall not relieve the Contractor of responsibility for deviation from the requirements of the Contract Documents unless the Contractor has informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation, nor shall the Architect's approval relieve the Contractor from responsibility for errors and omissions in the Shop Drawings and Samples. Should the Architect be required to review any submittal more than three (3) separate times due to the inadequacy of the submittal and due to no fault of the Architect, the Contractor shall render to the Architect the Architect's direct cost for review of all subsequent re-submittals. 3.05 COMPLIANCE WITH APPROVALS A. Do not commence any portion of the Work requiring approval of Shop Drawings or Samples by the Architect until the submittal has been approved by the Architect. All such portions of the Work shall be in accordance with the approved Shop Drawings and Samples. END OF SECTION r- 10/2002 SWIM COMPLEX FILTRATION/HEATING RENOVATION DIVISION 1 SECTION 01450 r QUALITY CONTROL PAGE 1 OF3 SECTION 01450 - QUALITY CONTROL PART1 GENERAL 1.01 DESCRIPTION A. Work Included: This Section outlines requirements covering testing laboratory services and inspections required during the course of construction of the project. This Section is complementary to the General Conditions and supplementary General Conditions and nothing herein shall be considered to waive any requirements of the General Conditions or supplementary General Conditions. B. Testing Laboratorv Services: r- 1. The respective Sections of these specifications contain detailed requirements for materials testing and inspections to be performed by an approved testing laboratory. All costs incurred for testing laboratory services shall be paid for by the Owner. However, should re-testing be required due to contractor's failure to comply with these specifications requirements, the Contractor shall pay all costs of re-testing. 2. 3. Testing laboratory shall report the results of all tests, in writing, simultaneously to the following: Architect 1 COPY Contractor 1 COPY Owner 1 COPY Inspector of Record ' 1copy 1.02 QUALITY ASSURANCE A. Codes and Standards: Testing, when required, shall be in accordance with all pertinent codes and regulations and with selected standards of the American Society for Testing and Materials (ASTM). B. Qualifications of the Testing Laboratory: The testing laboratory will be qualified to the Owner's approval in accordance with ASTM E-239-70 "Recommended Practice for Inspection and Testing Agencies for Concrete and Steel Used in Construction." 1.03 OWNER'S RESPONSIBILITIES 10/2002 r SWIM COMPLEX FILTRATIONMATING RENOVATION DIVISION 1 QUALITY CONTROL SECTION 01450 'r PAGE 2 OF 3 A. Owner will select and employ a prequalified, independent testing laboratory to perform inspections, sampling and testing of materials as specified in the individual Specifications Sections. B. Owner will pay for all initial testing laboratory services as described within the Contract Documents or not normally required by codes and ordinances. When the initial tests indicate non-compliance with the Contract Documents, the costs all subsequent re-testing occasioned by the non-compliance shall be deducted bv the Owner from the Contract Sum. C. 1.04 CONTRACTOR'S RESPONSIBILITIES A. Cooperate with laboratory personnel, provide access to work, arrange access to manufacturer's operations. B. Provide laboratory preliminary representative samples of materials to be tested, in required quantities. /" . C. Furnish copies of mill test reports. D. 'Provide casual labor and facilities for access to work being tested; obtain and handle supplies at the site; facilitate inspections and tests; provide facilities for laboratory's exclusive use for storage and curing of test samples. E. Coordinate requests for testing by Owner-employed testing laboratory through the Owner's Representative. Notify Owner's Representative two (2) working days in advance of operations to allow for assignment of personnel and scheduling of tests. F. Pay for additional laboratory inspections, sampling and testing required for Contractor's convenience and when initial tests indicate that work does not comply with Contract Documents. G. Pay for inspections and tests required by codes or ordinances or by a plan approval authority, and made by a legally constituted authority (i.e., municipal deputy inspector), unless otherwise provided for in the Contract Documents. H. When required in individual Specifications Section, submit manufacturer's certificate, executed by responsible officer, certifying that products meet or exceed specified requirements. Provide certification in duplicate. 1.05 TESTING LABORATORY RESPONSIBLLITJES r 10/2002 SWIM COMPLEX FILTRATION/HEATING RENOVATION DIVISION 1 SECTION 01450 (4 QUALITY CONTROL PAGE 3 OF 3 A. Perform specified inspections, sampling and testing of materials and methods of construction, comply with specified standards. Ascertain compliance with require- ments of Contract Documents. B. Provide prompt notification of irregularities or deficiencies of work observed during performance of'services. C. Perform additional inspections and tests required by Owner's Representative. D. After each inspection and test, promptly submit copies of laboratory report to the Owner. Reports are to include: Date issued, project title and number, name of inspector, date and time of sampling or inspection, identification of product and Specification Section(s), location in the project, type of inspection or test, date of test and results of test. When requested by Owner's Representative provide interpretation of test results. . E. Testing Laboratory shall have no authority to: release, revoke, alter, or enlarge on requirements of Contract Documents; approve, accept or stop any portion of the work; perform any duties of the Contractor. PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION NOT USED END OF SECTION 1 om02 SWIM COMPLEX FILTRATIONHEATING RENOVATION DIVISION 1 SECTION 01770 CLOSEOUT PROCEDURES PAGE 1 OF 2 f-4 r SECTION 01770 - CLOSEOUT PROCEDURES PART 1 - GENERAL 1.01 DESCRIPTION A. Section Includes: The work includes, but is not necessarily limited to, performing all operations necessary for and properly incidental to closing out the project and assisting in Owner's final inspection as hereinafter specified. 1.02 FWAL COMPLETION A. When the Contractor considers the work, or a designated portion of the work complete, submit written reauest to Owner's Representative for inspection. By submittal of request, Contractor certifies that: 1. Contract Documents have been reviewed. 2. Work has been completed in accordance with the Contract Documents and is ready for inspection. 3. Equipment systems have been tested, adjusted, balanced and are fully operational. B. Submit request a minimum of five (5) working days in advance of requested inspection date. Contractor shall be responsible for allowing sufficient time during contract period to complete inspections and any corrections. C. Should Owner's Representative inspection find work incomplete, Owner's Representative will notify Contractor in writing, listing observed deficiencies. D. Contractor shall remedy listed deficiencies and send a request for final inspection. At the Owner's option, a reinspection(s) of the work to identify additional deficiencies, if any, may be required. Owner's costs associated with reinspection(s) are subject to provisions of Article 1.04 of this Section. 1.03 10/20 E, When Owner confirms work is complete, and close-out submittals as referred to in Article 1.05 of this Section are provided, Owner's Remesentative will notify Contractor of date of completion in writing. REINSPECTIONS 2 s ;WIM COMPLEX FILTRATIOI HEATING RENOVATION DIVISION 1 SECTION 01770 f- CLOSEOUT PROCEDURES PAGE 2 OF 2 A. Should status of completion of work require reinspection(s) by Owner due to failure of work to comply with Contractor's claims on initial inspection, Owner may deduct the amount of compensation for reinspection services from final Davrnent to Contractor. Observed deficiencies in excess of ten (10) will be reason for reinspection. B. Inspections initiated at the request of the Owner will not be subject to the provisions of this Article. 1.04 CLOSE-OUT SUBMJ3"AJ-S A. Project Record Documents B. Operation and Maintenance Data C. Wananties and Guarantees D. Spare Parts and Maintenance Materials E. Evidence of Payment and Lien Releases along with a list of all subcontractors which contributed labor or materials to the project. F. Other data and materials as may be required in individual Sections of the Specifications. 1.05 APPLICATION FOR FINAL PAYMENT A. Submit application for final payment in accordance with provisions of the Contract for Construction. PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION NOT USED END OF SECTION 10/2002 SWIM COMPLEX FILTRATIONMEATDIG RENOVATION DIVISION 2 SECTION 02050 f-4 DEMOLITION PAGE 1 OF2 SECTION 02050 - DEMOLITION PART 1 - GENERAL 1.01 DESCRIPTION A. Section Includes: 1. Demolition and removal of all pool pumping, filtration and heating equipment, materials and piping indicated on the Drawings. 2. Removal and/or relocation of various mechanical room utilities, as indicated on the drawings. 3. The City shall remove any items it wishes to retain prior to the Contractor's work in accordance with project phasing. B. Site Visitation: In preparing a proposal, visit the site, carefully examine the Drawings and Specifications, and determine that the work can be properly executed in accordance with the Contract Documents. No allowance will be made for any error through negligence in observing the site conditions. PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION \ 3.01 TREATMENT OF EXISTING FACILITIES A. Protection: Use necessary procedures, caution and covering to protect from damage existing facilities, equipment and accessories not noted to be replaced or restored. Maintain active utilities traversing the project site in operating condition. B. Replacement: In the event of damage, immediately notify the Owner, and make all repairs and replacements necessary to the approval of the Engineer without change in contract amount or time. 3.02 REMOVAL OF DEBRIS 10/2002 SWIM COMPLEX FILTRATIONMEATING RENOVATION DIVISION 2 SECTION 02050 r DEMOLITION PAGE 2 OF 2 A. All items noted for demolition shall be immediately removed from the project site and hauled and dumped in compliance with all local codes and regulations, including payment of any associated fees. 3.03 SAFETY BARRICADES A. Provide substantial barricades around and at all areas and openings as soon as such areas and openings are created. Barricades must be adequate to block access and give warning to the general public. 3.04 CLEAN-UP A. Upon completion of the work of this Section, immediately remove all broken concrete, debris and rubbish occasioned by this work to the approval of the Engineer. END OF SECTION 10/2002 SWIM COMPLEX FILTRATION/HEATING RENOVATION DIVISION 13 SWIMMING POOL GENERAL CONDITIONS SECTION 13150 PAGE 1 OF5 f^ SECTION 13150 - SWIMMING POOL GENERAL CONDITIONS PART 1 - GENERAL 1.01 WORK INCLUDED A. The scope of the work included under this Section of the Specifications shall include demolition and construction of pool pumping, filtration and heating equipment and associated piping as illustrated on the Drawings and specified herein. The General and Supplementary Conditions of the Specifications shall form a part and be included under this Section of the Specifications. The Swimming Pool Subcontractor shall provide all supervision, labor, material, equipment, machinery, plant and any and all other items necessary to complete the work. ALL OF THE WORK IN SECTIONS 13152-13158 IS TO BE THE RESPONSIBILITY OF ONE EXPERIENCED SWIMMING POOL CONTRACTOR PRIMARILY ENGAGED IN THE CONSTRUCTION OF COMMERCIAL PUBLIC-USE POOLS DERIVING MORE THAN 50% OF THEIR ANNUAL REVENUE FROM PUBLIC-USE SWIMMING POOL CONSTRUCTION. The Swimming Pool Contractor shall furnish and install the mechanical room structures, finishes, complete swimming pool mechanical and electrical systems, and all accessories necessary for a complete, functional swimming pool pumping, filtration and heating system(s), as herein described. Work shall include start-up, instruction of owner’s personnel, as-built plans, and warranties as required. 1.02 CODES, RULES, PERMITS, FEES A. The swimming pools shall be constructed in strict accordance with the applicable provisions set forth by authorities having jurisdiction over swimming pool construction and operation in the State of California. B. The Swimming Pool Contractor shall give all necessary notices, obtain all permits, and pay all government sales taxes, fees, and other costs in connection with his work; file all necessary plans, prepare all documents and obtain all necessary approvals of governmental departments having jurisdiction; obtain all required certificates of inspection for his work and deliver same to the Owner’s Representative before request for acceptance and final payment for the work. C. The Swimming Pool Contractor shall include in the work any labor, materials, services, apparatus, or drawings in order to comply with all applicable laws, ordinances, rules and regulations, whether or not shown on Drawings and/or specified. r 1.03 DESCRIPTION OF WORK % 10/2002 SWIM COMPLEX FILTRATIONMEATING RENOVATION DIVISION 13 SECTION 13150 . SWIMMING POOL GENERAL CONDITIONS PAGE 2 OF 5 A. Furnish and install complete swimming pool mechanical room structures, including reinforcing steel and cast-in-place concrete walls and floors. 1.04 1.05 B. Furnish and install complete swimming pool mechanical system(s), including, but not limited to, circulation systems, filtration systems, pool water heating systems, water chemistry control systems, domestic water fdl line systems and all pumps, piping, valves, and connections between system@) and swimming pool(s). C. Furnish and install complete swimming pool electrical system(s), including, but not limited to, control circuitry, motor starters, time clocks, bonding, and all conduits, conductors, contactors, and switches between the system(s) and swimming pool(s). D. After the initial start-up of the swimming pool system(s), should any repairs, continuing work, or other contractor responsibility require drainage or partial drainage of the swimming pool systems, the Swimming pool Subcontractor shall be responsible for any subsequent refilling and shall complete the project with the swimming pool system@) full of water, water in chemical balance, complete in every way, and in full operation. INTENT A. It is the intention of these specifications and Drawings to call for finished work, tested and ready for operation. Wherever the work “provide” is used, it shall mean ‘‘furnish and install complete and ready for use.” B. Minor details not usually shown or specified, but necessary for proper installation and operation, shall be included in the work, the same as if herein specified or shown. SUBSTITUTIONS A. TO OBTAIN APPROVAL TO USE UNSPECIFIED PRODUCTS, BIDDERS SHALL SUBMIT REQUESTS TO THE OWNER’S REPRESENTATIVE AT LEAST TEN (10) DAYS PRIOR TO BID DATE. Requests shall only be considered if they clearly describe the product for which approval is asked, including all data necessary to demonstrate acceptability. All unspecified products and equipment will be considered on an “or equal” basis at the discretion of the Owner’s Representative. Requests for substitution received after the specified deadline will not be considered. Where a conflict exists between the requirements of the General Conditions / Special Conditions / Division 1 concerning substitutions and the requirements of this Article, this Article (Section 13150, Article 1.05) shall govern. 10/2002 ’ SWIM COMPLEX FILTRATIONMEATING RENOVATION I DIVISION 13 SECTION 13 150 r SWIMMING POOL GENERAL CONDITIONS PAGE 3 OF 5 B. Where the Swimming Pool Contractor proposes to use an item of equipment other than that specified or detailed on the Drawings which requires any redesign of the structure, partitions, foundations, piping, wiring, or any other part of the architectural, mechanical, or electrical layout, all such redesign and all new drawings (stamped by California Licensed Engineer) and detailing required shall be prepared by the Swimming Pool Contractor, at his own expense, submitted for review and approval by the Owner’s Representative prior to bid. C. Where such approved deviation requires a different quantity and arrangement of piping, supports and anchors, wiring, conduit, and equipment from that specified or indicated on the Drawings, the Swimming Pool Contractor shall furnish and install any such piping, structural supports, controllers, motors, starters, electrical wiring and conduit, and any other additional equipment required by the system, at no additional cost to the Owner. 1.06 DRAWINGS A. Drawings are diagrammatic and indicate the general arrangement of the systems and work included in the contractor. The architectural drawings and details shall be examined for exact dimensions. Where they are not definitely shown, this information shall be obtained from the Owner’s Representative. Drawings are not to be scaled. r- 1.07 SWIMMING POOL CONTRACTOR A. The swimming pool construction work as herein described and specified in Division 13 of the Project Manual shall be the complete responsibility of a qualified and specifically licensed (within State of California) Swimming Pool Contractor with extensive experience in commercial public use swimming pool installations. B. In order to be considered as a bidder for this project, Swimming Pool Contractors not listed within Article 1.07 (D) below shall submit the following information to the Owner’s Representative no later than (10) days prior to bid opening: A list of at least five (5) commercially designed municipal and public-use swimming pools, each of which shall incorporate a minimum size of 6,000 square feet of water surface area with a concrete and ceramic tile perimeter ovefflow gutter and self-modulating balance tank. Said reference projects shall hyve been completed by the proposed Swimming Pool Contractor within the last five (5) years, and the list of projects shall include: the name and location of the project; the Owner’s name, address, contact person and telephone number; and the Pool Architect or Engineer’s name, address, contact person and telephone number. Only projects 10/2002 SWIM COMPLEX FILTRATION/HEATING RENOVATION DIVISION 13 SECTION 1 3 150 r' SWIMMING POOL GENERAL CONDITIONS PAGE 4 OF 5 completed for at least one operating season will be considered. Stainless steel and fiberglass pools will not considered as equivalent experience. The Swimming Pool Contractor is required to furnish to the General Contractor completion and payment/performance bonds in the amount of 100% of the bid written by a surety Company properly registered in the State of California and listed by the U.S. Treasury. C. D. The following Swimming Pool Contractors have been pre-qualified to bid this project: 1. CALIFORNIA COMMERCIAL POOLS Glendora, California (909) 394- 1280 2. MISSION POOLS Escondido, California (760) 743-2605 3. NADAR, INC. Altadena, California (626) 791-9751 4. WESTERN WATER FEATURES El Dorado Hills, California (916) 939-1600 1.08 OPERATING INSTRUCTIONS A. The Swimming Pool Subcontractor shall determine from actual samples of pool water supplied by the Owner, the proper water management program necessary for maximum operating efficiency and comfort. The Swimming Pool Contractor shall provide the services of experienced personnel familiar with this type of pool system operation, to perform start-up and system training. Provide up to 8 hours of instruction and training in operations and maintenance procedures. Coordinate this with Owner's staff. 1.09 MAINTENANCE MANUALS A. The Swimming Pool Subcontractor shall provide four (4) bound sets for delivery to the Owner's Representative of instructions for operating and maintaining all systems and equipment included in this Contract. Manufacturer's advertising literature or catalog pictures will not be acceptable for operating and maintenance instructions. 1 Ol2002 SWIM COMPLEX FILTRATIONMEATING RENOVATION DIVISION 13 SECTION 13150 SWIMMING POOL GENERAL CONDITIONS PAGE 5 OF 5 B. Bound in ring binders shall be all parts lists, periodic maintenance instructions and troubleshooting guidelines for all pool equipment, including but not limited to filters, pumps, controllers, water chemistry control equipment, etc. 1.10 SEC.URE FROM THE OWNER A. A complete Owner-furnished filling of the swimming pools. B. The Owner’s assistance, as specified herein, from the time of start-up until final written acceptance of the swimming pool system(s). C. Chemicals as required for swimming pool operation after Swimming Pool Subcontractor completes balance of water chemistry and maintenance period. 1.11 WARRANTY 10/2002 A. The Swimming Pool Contractor shall warrant all swimming pool structures, finishes and systems against defects in material and workmanship for a period of one year after the date of acceptance by the Owner. Any repair or replacement required due to defective material or workmanship will be promptly corrected by the Swimming Pool Subcontractor. PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION NOT USED END OF SECTION SWIM COMPLEX FILTRATIONEIEATING RENOVATION DIVISION 13 SECTION 13152 SECTION 13152 - SWIMMING POOL CONCRETE PART 1 - GENERAL 1.01 WORK INCLUDED I f" r' SWIMMING POOL CONCRETE PAGE 1 OF 12 A. Forming for cast-in-place concrete as indicated on the Drawings and subsequent removal of all such forms except those earthforms as described in this Section. B. Furnish and install all reinforcement required andor indicated on the Drawings for all cast-in-place concrete associated with swimming pool(s). C. Provide labor, materials and equipment as required to install cast-in-place concrete for swimming pool structures as indicated on the Drawings and herein specified. 1.02 QUALITY ASSURANCE A. All Work of this Section shall be performed or supervised by the Swimming Pool Subcontractor. B. 1. The contractor / subcontractor for this portion of the Work shall have been successfully engaged in the respective trade for at least five (5) years immediately prior to commencement of this work, and shall demonstrate to the approval of the Owner's Representative that his record of workmanship is satisfactory. 2. For actual construction operations, use only thoroughly trained and experienced workers completely familiar with the materials and methods specified. 3. Provide at least one person who shall be present at all times during execution of this portion of the Work and who shall be thoroughly familiar with the type of materials being installed, the referenced standards, and the requirements of this Work, and who shall direct all Work performed under this Section. C. 1. In addition to complying with all applicable codes and regulations, comply with all pertinent recommendations contained in "Recommended Practice for Concrete Formwork," Publication ACI 347-78 of the American 10/2002 SWIM COMPLEX FETRATION/HEATING RENOVATION DIVISION 13 SECTION 13152 f- r‘ SWIMMING POOL CONCRETE PAGE 2 OF 12 Concrete Institute. 2. In addition to complying with all local codes and regulations, comply with all pertinent recommendations contained in “Manual of Standard Practice for Detailing Reinforced Concrete Structures,” Publication ACI 3 15-74 of the American Concrete Institute. 3. Where provisions of applicable codes and standards conflict with the requirements of this Section, the more stringent provisions shall govern. D. Tolerances: Construct all swimming pool concrete straight, true, plumb and square within a tolerance horizontally of one in 200 and a tolerance vertically of one in 2000. 1.03 SUBMITTAL AND SUBSTITUTIONS . A. Provide submittals in accordance with the requirements of Section 01330. Requests for substitution shall conform to requirements of Article 1.05 (A) of Section 13 150. B. 1. Provide all data and access required for testing as described in Section 0 1450 of the Specifications. 2. All material shall bear mill tags with heat number identification. Mill analysis and report shall be made available upon request. 3. Material not so labeled and identifiable may be required by the Owner’s Representative to be tested by the testing laboratory selected by the Owner and at no additional cost to the Owner, in which case random samples will be taken for one series of tests from each 2-1/2 tons or fraction thereof of each size and kind of reinforcing steel. 1.04 PRODUCT HANDLING A. Delivery: unopened containers with all labels intact and legible. Deliver materials to the Project Site in the manufacturer’s original B. Storage: contamination, and store only the specified materials at the Project Site. Store materials under cover in a manner to prevent damage and C. Protection: Use all means necessary to protect the swimming pool concrete before, 10/2002 SWIM COMPLEX FILTRATIONkEATING RENOVATION DIVISION 13 SECTION 13152 r SWIMMING POOL CONCRETE PAGE 3 OF 12 during, and after installation and to protect the installed Work and materials of all other trades. D. Replacements: replacements necessary to the approval of the Owner's Representative. In the event of damage, immediately make all repairs and PART 2 - PRODUCTS 2.01 CONCRETE FORMWORK A. 1. Form Lumber: All form lumber in contact with exposed concrete shall be new except as allowed for reuse of forms in Part 3 of this Section, and all form lumber shall be one of the following, a combination thereof, or an equal approved in advance by the Owner's Representative. r" r" a. "Plyform," Class I or II, bearing the label of the Douglas Fir Plywood Association; "Inner-Seal" Form as manufactured by Louisiana-Pacific, or approved equal. Douglas Fir-Larch, number two grade, seasoned, surfaced four sides. b. 2. Form Release Agent: Colorless, non-staining, free from oils; chemically reactive agent that shall not impair bonding of paint or other coatings intended for use. B. 1. Type: All form ties shall be a type which do not leave an open hole through the concrete and which permits neat and solid patching at every hole. 2. Design: When forms are removed, all metal reinforcement shall be not less than two (2) inches from the finished concrete surface. 3. Wire Ties and Wood Spreaders: Do not use wire ties or wood spreaders. C. Alternate Forming Systems: Alternate forming systems may be used subject to the advance approval of the Owner's Representative. 2.02 CONCRETE REINFORCEMENT 10/2002 SWIM COMPLEX FKTRATIONMEATING RENOVATION DIVISION 13 SECTION 13152 /“ SWIMMING POOL CONCRETE PAGE 4 OF 12 A. Bars‘: Billet-Steel Bars for Concrete Reinforcement,” ASTM A-61 5, Grade 60. Bars for reinforcement shall conform to “Specifications for Deformed B. Wire Fabric: Wire fabric shall conform to “Specifications for Wire Fabric for Concrete Reinforcement,” ASTM A- 185. C. Tie Wire: Tie wire for reinforcement shall conform to “Specifications for Cold- drawn Steel Wire for Concrete Reinforcement,” ASTM A-82 black annealed 16 gauge tie wire. 2.03 CAST-IN-PLACE CONCRETE A. 1. All concrete, unless otherwise specifically permitted by the Owner’s Representative, shall be transit-mixed in accordance with ASTM C94. Concrete for water retaining structures that do not receive a waterproofing finish such as ceramic tile or swimming pool plaster shall contain an integral waterproofing admixture. r 2. The control of concrete production shall be under the supervision of a recognized testing agency, selected by the Owner in accordance with Section 01450 of the Specifications. 3. Quality: All concrete shall have the following minimum compressive strengths at twenty-eight (28) days and shall be proportioned within the following limits: a. b. 1” maximum size aggregate. c. d. 4” maximum slump. 3,000 psi minimum compressive strength. 6.0 minimum sacks of cement per cubic yard.* * For estimate only: to be determined by mix design. 4. Cement All cement shall be Portland Cement conforming to ASTM C-150, Type I or II, and shall be the product of one manufacturer. 5. a. Shall conform to “Standard Specifications for Concrete Aggregates,” ASTM C33, except as modified herein. b. Come Aggregate: Cleari sound washed gravel or crushed rock. Crushing may constitute not more than 30% of the total coarse 1012002 SWIM COMPLEX FKTRATIONMEATING RENOVATION I DIVISION 13 SWIMMING POOL CONCRETE PAGE 5 OF 12 r‘ B. C. D. E. aggregate volume. Not more than 5% flat, thin, elongated or laminated material nor more than 1% deleterious material shall be present. 1” aggregate graded from 1/4” to l”, fineness modulus 6.90 to 7.40. 1-1/2” graded from ?h” to 1-1/2”, fineness modulus 7.80 to 8.20. Fine Aggregate: Washed natural sand of hard, strong particles and shall contain not more than 1% of deleterious material, fineness modulus 2.65 to 3.05. c. ’ 6. Water: impurities liable to be detrimental to the concrete (potable). Clean, fresh, free from acid, alkali, organic matter or other 7. Admixtures: Representative. Admixtures shall be used upon approval of the Owner’s a. b. c. Air-entraining admixture: Conform to ASTM C260. Water-reducing admixture: Conform to ASTM C494. Waterproofing admixture: Conform to ASTM C494. Construction Joints: Use keyform for slab pour joints. Either preformed galvanized or PVC construction joint forms of a standard manufacturer may be used. Install per manufacturer’s recommendations and tool edges of slabs. Waterstops: PVC bulb-type for use between concrete pours / lifts, conforming with ASTM D 570, D 624, and D 638. Provide in configuration(s) as recommended by manufacturer for specific application. Greenstreak, W .R. Meadows, or approved equal. 1. Liquid Membrane (covered slab): Chlorinated rubber membrane forming, curing-sealing compound conforming to ASTM C309. 2. Liquid Membrane (exposed slab): Clear methyl and butyl methacrylate non- staining, membrane forming, curing-sealing compound conforming to ASTM C309. 1. Cement Grout: Mix 1 part by volume of Portland Cement, 112 part by volume of water and fine aggregate enough to make mixture flow under its’ own weight. 10/2002 SWIM COMPLEX FILTRATIONlHEATING RENOVATION DIVISION 13 SECTION 13152 r" SWIMMING POOL CONCRETE PAGE 6 OF 12 2. Drypack: Mix 1 part by volume of Portland Cement, 1/2 part by volume of water and fine aggregate enough to make a stiff mix that will mold into a ball. Mix no more than can be used in 30 minutes. PART 3 - EXECUTION 3.01 SURFACE CONDITIONS 1. Prior to all Work of this Section, carefully inspect the installed Work of other trades and verify that all such Work is complete to the point where this installation may properly commence. 2. Verify that all Work may be constructed in accordance with all applicable codes and regulations, the referenced standards, and the original design. B. f-- 1. In the event of discrepancy, immediately notify the Owner's Representative. 2. Do not proceed with installation in areas of discrepancy until all such discrepancies have been fully resolved. . 3. Failure to notify the Owner's Representative and give written notice of discrepancies shall constitute acceptance by the Contractor #of existing conditions as fit and proper to receive work. 3.02 CONCRETE FORMWORK A. 1. General: Construct all required forms to be substantial, sufficiently tight to prevent leakage of concrete paste, and able to withstand excessive deflection when filled with wet concrete. 10/2002 a. b. Form for all required cast-in-place concrete to the shapes, sizes, lines and dimensions indicated on the Drawings. Exercise particular care in the layout of forms to avoid necessity for cutting concrete after placement. SWIM COMPLEX Fl[LTRATION/HEATING RENOVATION DIVISION 13 SECTION 13152 (f- SWIMMING POOL CONCRETE PAGE 7 OF 12 c. Make proper provisions for all openings, offsets, recesses, anchorages, blocking and other features of the Work as shown or required. Perform all forming required for Work of other trades and do all cutting and repairing of forms required to permit such installation. Carefully examine the Drawings and Specifications and consult with other trades as required relative to providing for pipe and conduit penetrations, reglets, chases and other items in the forms. d. e. 3. Imbedded Items: Set all required steel frames, angles, bolts, inserts and other such items required to be anchored in the concrete prior to concrete being placed. a. b. Properly brace and tie the forms together so as to maintain position and shape and to ensure safety to workmen. Construct all bracing, supporting members and centering of ample size and strength to safely carry, without excessive deflection, all dead and live loads to which they may be subjected. Properly space the forms apart and securely tie them together, using metal spreader ties that give positive tying and accurate spreading. r" c. 5. Wetting: Keep forms sufficiently wetted to prevent joints from opening up before concrete is placed. 1. Design: Nail the plywood panels directly to studs and apply in a manner to minimize the number of joints. 2. Joints: Make all panel joints tight butt joints with all edges true and square. ._ C. 1. Wood Forms: All footing forms shall be wood unless otherwise specifi- cally approved by the Owner's Representative, or as specified in paragraph 3.02(C)(2). 1012002 2. h Fn- SWIM COMPLEX FILTRATIONMEATMG RENOVATION DIVISION 13 SECTION 13152 r SWIMMING POOL CONCRETE PAGE 8 OF 12 a. Side walls for footings may be of earth provided the soil will stand without caving and the sides of the bank are made with a neat cut to the minimum dimensions indicated on the Drawings. D. nf Farms: 1. Reuse of forms shall be subject to advance approval of the Owner’s Representative. 2. Except as specifically approved in advance by the Owner’s Representative, reuse of forms shall in no way delay or change the schedule for placement of concrete from the schedule obtainable if all forms were new. 3. Except as specifically approved in advance by the Owner’s Representative, reuse of forms shall in no way impart less structural stability to the forms nor less acceptable appearance to finished concrete. E. nf Fnm 1. citmaak a. In general, side forms of footings may be removed seven (7) days after placement of concrete, but time may be extended if deemed necessary by the Owner’s Representative. Forms for footings, foundations, grade beams, slabs, walls, and other formed concrete may be removed fourteen (14) days after placement of concrete. b. , 2. r a. b. c. Use all means necessary to protect workers, passersby, the installed Work of other trades and the complete safety of the structure. Cut nails and tie wires or form ties off flush, and leave all surfaces smooth and clean. Remove metal spreader ties on exposed concrete by removing or snapping off inside the wall surface and pointing up and rubbing the resulting pockets to match the surrounding areas. Flush all holes resulting from the use of spreader ties and sleeve nuts using water, and then solidly pack throughout the wall thickness with cement grout applied under pressure by means of a grouting gun; grout shall be one part Portland Cement to 2-112 parts sand; apply grout immediately after removing forms. d. 10/2002 SWIM COMPLEX FLTRATION/HEATING RENOVATION DIVISION 13 SECTION 13152 r 3.03 CONCRETE REIIWORCEMENT SWIMMING POOL CONCRETE PAGE 9 OF 12 a. b. c. Fabricate all reinforcement in strict accordance with the Drawings. Do not use bars with kinks or bends not shown on the Drawings. Do not bend or straighten steel in a manner that will injure the material. (When opposite end is already encased in concrete.) a. Bend all bars cold. b. c. Make bends for stirrups and ties around a pin having a diameter of not less than two (2) times the minimum thickness of the bar. Make bends for other bars, including hooks, around a pin having a diameter of not less than six (6) times the minimum thickness of the bar. 1. General: Before the start. of concrete placement, accurately place all concrete reinforcement, positively securing and supporting by concrete blocks, metal chairs or spacers, or by metal hangers. 2. a. Preserve clear space between bars of not less than one and one-half (1-1/2) times the nominal diameter of the round bars. b. In no case let the clear space be less than one and one-half (1-1/2) inches nor less than one and one-third (1-1/3) times the maximum size of the aggregate. C. Provide the following minimum concrete covering of reinforcement: 1) 2) 3) Concrete deposited against earth: three (3) inches. Concrete below grade deposited against forms: two (2) inches. Concrete elsewhere: As indicated on Drawings or otherwise approved by the Owner's Representative. 10/2002 SWIM COMPLEX FILTRATIONMEATING RENOVATION DIVISION 13 SECTION 13152 3. t- i- SWIMMING POOL CONCRETE PAGE 10 OF 12 SnllcinP: a. 1) 2) Place bars in horizontal members with minimum lap at splices sufficient to develop the strength of the bars. Bars may be wired together at laps except at points of support of the member, at which points preserve clear space described above. Whenever possible, stagger the splices of adjacent bars. Splice sixty (60) bar diameters minimum. 3) 4) b. c. Wire Fabric:. Make all splices in wire fabric at least one and one- half (1-112) meshes wide. Other Splices: Make only those other splices that are indicated on the Drawings or specifically approved by the Owner’s Representative. 4. Dowels: Place all required steel dowels and securely anchor them into position before concrete is placed. 5. Obstructions: In the event conduits, piping, inserts, sleeves and other items interfere with placing reinforcement as indicated on the Drawings or otherwise required, immediately consult with the Owner’s Representative and obtain approval of a new procedure prior to placing concrete. C. Cleaning Reinforcement: Steel reinforcement, at the time concrete is laced around it, shall be free from rust scale, loose mill scale, oil, paint and all other coatings which will destroy or reduce the bond between steel and concrete. 3.04 CAST-IN-PLACE CONCRETE A. 1. Before placing concrete, mixing and conveying equipment shall be well cleaned, and the forms and space to be occupied by concrete shall be thoroughly cleaned and wetted. Ground water shall be removed until the completion of the work. 2. No concrete shall be placed in any unit of work until all formwork has been completely constructed, all reinforcement has been secured in place, all items to be built into concrete are in place, and form ties at construction 10/2002 SWIM COMPLEX FILTRATION/HEATING RENOVATION DIVISION 13 SWIMMING POOL CONCRETE PAGE 11 OF 12 SECTION 13152 r f- joints tightened. 3. Concrete shall be conveyed from mixer to place of final deposit in such a way to prevent the separation or loss of ingredients. It shall be placed as nearly as practicable in its’ final position to avoid rehandling or flowing. Concrete shall not be dropped freely where reinforcing bars will cause segregation, nor shall it be dropped freely more than six (6) feet. Use tremies, spouts and dump boxes in deep sections. Vibrators are not acceptable for facilitating concrete transport. 4. Concrete shall be tamped and spaded to insure proper compaction into all parts of forms and around reinforcement. A mechanical vibrator shall be used to thoroughly compact the concrete. Vibration must be by direct action in the concrete and not against forms or reinforcement. B. Construction Joints / Expansion Joints: Construction joints and expansion joints shall be provided at locations and in the manner shown on the Drawings. With exception of existing concrete / new shotcrete joints, use PVC bulb-type waterstops appropriate for design condition between all concrete pours / lifts to avoid cold joints. Waterstops shall be placed in such a way to protect reinforcing steel from rust and oxidation. C. Slab Finishes: Concrete slabs shall be compacted and screeded uniformly to grades shown. Push large aggregates below the surface with a screen tamper, screed and bull float. As soon as the surface becomes workable, it shall be wood floated, then finished as indicated on the Drawings to a uniform smooth, true surface in a neat and workmanlike manner. Carefully coordinate slab finish requirements with other -trades (ceramic tile, pool plaster) to insure concrete finish is appropriate substrate for final finish material. 1. DecksNalkways: Medium Broom Finish. D. 1. Concrete shall be protected from injurious action of the elements and defacement of any nature during construction. 2. All forms must be kept wet to prevent drying out of the concrete. 3. All concrete surfaces including footings must be kept wet for at least seven (7) .days after concrete is placed. 4. Apply the appropriate curing materials, as specified in 2.03 of this Section, 10/2002 SWIM COMPLEX I?ILTRATION/HEATING RENOVATION DIVISION 13 SECTION 13 152 f^ f- SWIMMING POOL CONCRETE PAGE 12 OF 12 immediately after finishing slabs. Application shall be as specified by the manufacturer. E. 1. Take care in removing forms so that surfaces are not marred or gouged and that comers are true, sharp and unbroken. 2. No steel spreaders, ties or other metal shall project from or be visible on any . concrete surfaces. F. ive Wn~k 1. Cut out, remove and replace, or repair to the satisfaction of the Owner’s Representative, concrete not meeting minimum strength, not formed as indicated, not true, plumb or level, not to required elevations, containing cracks detrimental to performance or appearance, containing shavings, debris or with honeycombs or voids. 2. Promptly perform work required to repair, patch, replace, render properly cleaned surfaces (by sandblasting if necessary) or otherwise make good any defective concrete, at Contractor’s expense, including all expense of additional inspection, tests, or supervision made necessary as a result of defective concrete. 3.05 CLEAN-UP A. Upon completion of the Work of this Section, immediately remove all swimming pool concrete materials, debris and rubbish occasioned by this Work to the approval of the Owner’s Representative. END OF SECTION 10/2002 SWIM COMPLEX FILTRATIONlHEATING RENOVATION DIVISION 13 SECTION 13156 SECTION 13156 - SWIMMING POOL EQUIPMENT PART 1 - GENERAL 1.01 WORK INCLUDED SWIMMING POOL EQUIPMENT PAGE 1 OF 23 A. Supply and install pool equipment items as required for tu; Work as indicated on the Drawings and specified herein. 1.02 QUALITY ASSURANCE A. All Work of this Section shall be performed or supervised by the Swimming Pool Subcontractor. B. 1. The contractor / subcontractor for this portion of the Work shall have been successfully engaged in the respective trade for at least five (5) years immediately prior to commencement of this work, and shall demonstrate to the approval of the Owner's Representative that his record of workmanship is satisfactory. 2. For actual construction operations, use only thoroughly trained and experienced workers completely familiar with the materials and methods specified. 3. Provide at least one person who shall be present at all times during execution of this portion of the Work and who shall be thoroughly familiar with the type of materials being installed, the referenced standards, and the requirements of this Work, and who shall direct all Work performed under this Section. C. All equipment supplied or work performed shall comply with regulations governing public swimming pools and spas as contained within State and Local Codes. 1.03 SUBMTI'ALS AND SUBSTITUTIONS A. Provide submittals in accordance with the requirements of Section 01340. Requests for substitution shall conform to requirements of Article 1.05 (A) of Section 13150. 1.04 PRODUCT HANDLING 10/2002 SWIM COMPLEX FILTRATIONMEATING RENOVATION DIVISION 13 SECTION 13156 r SWIMMING POOL EQUIPMENT PAGE 2 OF 23 .r A. Protection: Use all means necessary to protect swimming pool equipment items before, during and after installation and to protect the installed Work of all other trades. B. Replacements: replacements necessary to the approval of the Owner’s Representative. In the event of damage, immediately make all repairs and PART 2 - PRODUCTS 2.01 CIRCULATION PUMP STRAINER(S) A. ‘Mer-Made’ FRP Series F.O. basket strainer, with Two (2) stainless steel strainer baskets, acrylic lid, and stainless steel eyebolts. Pressure tested to 50 P.S.I. 8” x 6” standard strainer. Two (2) required. 2.02 CIRCULATION PUMP A. Paco #5015-7; 5” x 6” x 15” Type LC, 25 hp, 460 volt, 3 phase, 1150 RPM, 60 Hz., TEFC; horizontally mounted, split case centrifugal pump. Bronze fitted, stainless steel shaft, fuse coat epoxy all wetted surfaces. 84% efficient rated at 1050 GPM @ 65’ T.D.H. Two (2) required. Paco, Aurora, or approved equal. 2.03 FETRATION SYSTEM (US FETER OR EQUAL) The filter system specified herein shall be the standard cataloged product of a company regularly engaged in the manufacture of water treatment equipment. The purpose of this specification is to establish the minimum design, performance, quality, and service standards for the proposed equipment. Equipment provider shall have a minimum of five year’s experience in the manufacture of such specified CommerciaVIndustrial grade water treatment equipment. The equipment shall consist of filter vessel(s), internal distribution and collection system, immediate face piping, operating valves, backwash sightglass, air relief systems, gauges, hydraulic pressure supply system, electronic operational control systems, system operating setuplstartup and fifteen (15) year warranty. Requests for substitutions for the specified components and materials will not be considered unless equal to the specified system in every respect and must be submitted to the specifying agent not less than twenty (20) calendar days prior to bid date. Requests for substitutions must include, but not be limited to: 0 List containing contact name and telephone number of ten like systems, each of which shall utilize all specified features and employ fiberglass filament wound vessels, and electronic filter control devices. Complete documentation and that proves proposed unit includes all of the 0 10/2002 SWIM COMPLEX FILTRATIONO-IEATING RENOVATION DIVISION 13 SECTION 13156 SWIMMING POOL EQUIPMENT PAGE 3 OF 23 specified features. 0 Manufacturer’s sales literature. 0 Engineering drawings, structural and seismic calculations prepared by a licensed Civil Engineer. 0 Certification listings. 0 Installatiordoperatiodmaintenance manuals. 0 Name and address of the site-local, factory-authorized startup and service representative with affidavit of last date of certification. Failure to provide this or any other information necessary to confirm that all specified features are provided will be cause for rejection of substitution request. Prior to ten (10) days before bid date, all prospective bidders will be notified in writing of any proposed substitutions. A. 1. The filter system shall consist of four (4) high-rate permanent media filter vessels with a total effective filter area of 80 square feet. When operating at 15 gallons per minute, per square foot of filter area, the filter system will have a capacity of filtering 1200 gallons per minute. B. r V& 1. Vessel a. The filter vessel will be 43” inside diameter, will have 20 square feet of filter area and shall be designed for a maximum working pressure of 100 psi with a 4-to-1 safety factor for minimum burst. The design shall be capable of withstanding, without leaks or structural failure, a repetitive pressure test consisting of 250,000 cycles of 0 to 100 psi. This is required to ensure long service life, reduce potential liability and guarantee safe operation. b. Materials used in the construction of the vessel shall be in accordance with Article RM-1 of ASME Boiler and Pressure Vessel Code, Section X and ASME RTP-1, most current versions. The vessel shell shall be fabricated throughout of a continuous and woven premium grade glass fiber roving with a laminate matrix of un-pigmented polyester resin and hardener. High stress areas shall be reinforced with Kevlar@ and/or carbon fiber. Resin-rich layers shall be resistant to UV, weathering, stress ciacking and de- laminating, and shall have a field history of performance. The minimum laminate properties shall be as follows: 10/2002 SWIM COMPLEX FILTRATIONIHEATING RENOVATION DIVISION 13 SECTION 13156 r 'r r' 1012002 SWIMMING POOL EQUIPMENT PAGE 4 OF 23 Tensile Strength (ASTM D-638) - 42,000 psi Tensile Modulus - 2.2 x lo6 psi flexural Strength (ASTM D-790) - 50,000 psi Flexural Modulus - 1.6 x lo6 psi Barcol Hardness (ASTM D-2533) - 45 (Mod M34) Structural Adhesive Bond Strength - 1,500 psi Heat Distortion Temp. (ASTM D-638) - 180" F @ 264 psi c. d. Attachments, if any, to the vessel shall be made with a structural adhesive compatible with the laminate used to fabricate the vessel. The vessel shall incorporate two (2), six-inch (6") grooved pipe ports located in the top of the vessel side shell to serve as influent and effluent plumbing connections. One (l), three-inch (3") port shall be located in the lower front portion of the vessel to serve as a winterizing and media dump port connection. One (l), three-inch (3") port shall be located in the upper-most portion of the side shell to serve as a connection for a manual air relief valve. Bulkhead through-port connections will not be considered for this application in order to preclude fitting failure and structural weaknesses inherent with vessels using bulkhead fittings. A 12" x 16" viewing window/access manway shall be fitted at the front end of the vessel to provide operation and periodic media examination, and ease of access for media loading. Manways or manholes located in the side shell of the vessel will not be permitted. Manways or manholes with metal reinforcement will not be allowed, due to inherent weaknesses. Following fabrication, the entire vessel shall be cured to ensure uniformity of strength. Each filter vessel shall be subjected to an in-shop hydro pressure test of 100 psi for a period of four (4) hours. Verification of this test and results shall be submitted to the owners at time of delivery. h. Vessel shall be supported by two (2) foam-filled, molded polyethylene saddles, which shall allow the vessel to withstand load forces specified for seismic zone 4 without damage. Certified engineering drawings are required to confirm this capability. Saddles shall be attached to vessel with a permanent adhesive. Vessel to saddle attachment with tank through-bolts is not acceptable. A positioning template, and four (4) 3/4" x 7" anchor bolt sets with leveling shims shall be provided with each vessel to ensure proper installation. Coated and/or non-coated metal vessels and/or fiberglass vessels with metal reinforcement or fiberglass vessels employing inner tanks (bladders) will not be considered for this application. e. f. g. 1. SWIM COMPLEX FILTRATIONMEATING RENOVATION DIVISION 13 SECTION 13156 r' SWIMMING POOL EQUIPMENT PAGE 5 OF 23 r" Historical problems, related to corrosion of metal tanks, an inability to bond inner and outer fiberglass tanks (bladders), and the extreme difficulty associated with the repair of tank bladders, will not allow their use. 2. Distribution and Collection System a. Internal components shall be hydraulically balanced to prevent migration and channeling of the filter media during the filter cycle and must uniformly fluidize the filter media in the backwash cycle without breakthrough at any one location. Internal component design shall accommodate, during "OF'"'' cycle, that the filter system shall remain full of water. The influent distribution system shall be fabricated of no less than 12 ABS distribution lenses - each having two-inch (2") IPS connections, PVC pipe, and fittings. The distribution system design shall accommodate a Reynolds Number not to exceed 2000. The collection system shall consist of PVC fittings, six-inch (6") Schedule 80 PVC pipe and molded polypropylene reverse "V" slotted laterals. The laterals shall be designed to retain filter media with minimum head loss. A minimum of 30 molded laterals shall be utilized in the filter vessel with flow velocity not exceeding 6 feet per second at designed filter flow rate. Non-molded laterals will not be considered acceptable for this application. Collection system hydraulic design calculations will be required. b. 3. Air Relief System a. An automatic air bleed system shall be provided. An anti-plug protective shield screen shall be a part. of the assembly. A manually operated external air relief shall also be provided for the vessel. 4. WinterizingDrain and Media Dump Port a. At the lowest point of the front of the vessel a three-inch (3") port shall be provided. The port shall allow the evacuation of all water from the vessel for the purpose of winterizing or service. No media shall be allowed to leave the vessel during the draining process. The port shall also facilitate the removal of the filter media from the vessel. va1v- .. C. 10/2002 SWIM COMPLEX FILTRATIONIHEATING RENOVATION DIVISION 13 SECTION 13156 SWIMMING POOL EQUIPMENT PAGE 6 OF 23 f- Each filter vessel within the system shall be cleaned individually using filtered water provided by adjacent filter vessels. Reverse flow backwash with raw source water will not be allowed. Maximum allowable backwash flow rate will be 300 gallons per minute. 1. 2. 3. 10/2002 Backwash Valve a. One (l), two-way, three-port, six-inch (6") backwash valve shall be supplied with each vessel. The valve body shall be injection- molded of ABS plastic all external components will incorporate W inhibitors. Valves using metal bodies and covers, coated or non-coated, will not be approved. Grooved-type fittings shall be provided at each of the valve ports for connection to the filter vessel and manifold piping. Couplers shall be provided at each of the valve ports for connection to the filter vessel and manifold piping. The couplers shall be injection-molded of Isoplast 101LGF40NAT plastic and shall contain W inhibitor. Each valve shall be fitted with a hydraulic diaphragm designed to operate a sliding flow direction piston. Valve internal shaft, nuts, washers and bolts shall be 316 stainless steel. All stainless steel components shall be passivated and rinsed after forming and machining. The backwash valve shall be designed to allow for continuous circulation pump operation during the backwash of the filter system that will prevent the loss of circulation pump prime and damage to boiler, chemical feed systems and piping that can result by repetitive on/off cycling of circulation pump. Valves requiring external linkage for synchronization of their operation will not be allowed. b. Rate of Flow Valve a. A tamperproof, gate-type valve shall be supplied for use on the effluent manifold. The valve shall be made of PVC, will be field- adjustable, ensuring the proper system flow rate. The rate of flow valve shall be manually set using a removable tool. Standard butterfly andor gate-type valves will not be allowed. Backwash Sightglass Valve a. A tamperproof, gate-type valve shall be supplied for use on the waste manifold. The valve shall be made of PVC, will be field- SWIM COMPLEX FILTRATIONMEATING RENOVATION < DIVISION 13 SECTION 13156 r- SWIMMING POOL EQUIPMENT PAGE 7 OF 23 I adjustable, ensuring the proper system backwash flow rate. .The backwash rate shall be manually set using a removable tool. Standard butterfly andor gate-type valves and separate sightglass will not be allowed. 4. Piping a. To minimize floor space requirements and provide unhindered access to filter controls, backwash valves, media dump port, and vessel access openings, all piping shall be located on top of the horizontal filter vessel. All 6" manifolds shall be fabricated from Schedule 80 PVC pipe and fittings. All manifolds 8" and larger shall be fabricated Schedule 80 piping with pulled fittings, in manifold sections not exceed two tank lengths. Influent and effluent manifolds shall be 8" IPS and the waste manifold shall be 6" IPS. All piping shall be factory-assembled and pressure tested. D. r f" 1012002 1. Automatic Control Device a. An Automatic Control System (ACS) shall be provided, which will allow for the automatic and manual manipulation of the filter backwash operation. 2. Functions and Features a. The ACS shall perform the following functions and features: 3. Automatic Filter Backwash: a. b. Initiate - at filter system via field-adjustable differential set point Ability for the optional initiation of backwash via and external device, i.e., time of day/day of week set point time clock or System6 chemical controller Initiate - manually activated automatic backwash cycle Initiate - backwash by manual manipulation of multiport valve Initiate odoff - Pressure Accumulation System "HydroForce" pump actuation c. d. e. 4. Multiport Valve: a. Distribute water for the hydraulic actuation of filter system valves SWIM COMPLEX FILTRATIONIHEATING RENOVATION DIVISION 13 SECTION 13 156 f- f- SWIMMING POOL EQUIPMENT PAGE 8 OF 23 b. C. 24 VAC, continuous drive motor Constructed of non-corrosive ABS and stainless steel, metallic multiport valves will not be approved - multiple solenoid valves will not be approved 5. Housing and Mounting a. The ACS shall be housed in a non-metallic NEMA 4X rated enclosure. The enclosure shall be designed to eliminate any possibility of corrosion or damage to the internal components of the control. 6. Multiport Valve a. The multiport valve wetted components shall be injection-molded ABS with stainless steel shaft and springs. The unit shall distribute water for the hydraulic actuation of the filter system valves. Porting shall be 3/8" IPS minimum, employing 1/2" IPS tubing, and shall not retard the opening or closing of the backwash valves beyond 10 seconds. The multiport valve will be equipped with an indicating dial for valve operating sequence and home position. The multiport valve 24 VAC stager drive motor shall be installed in an independent enclosure of the NEMA 4X type. System serial number, model number, operating pressure, media information and basic operating instructions shall be permanently affixed to the multiport valve enclosure. The label shall be treated to resist the mechanical room environment. The enclosure shall be directly attached to the filter system. b. 7. Transformer a. A line voltage to 24 VAC transformer shall be provided. The transformer shall be mounted in an independent enclosure of the NEMA 4X type. The transformer and enclosure shall be of the wall-mount type and shall be posted near the electronic mechanical room control device. . 1. Two (2), four-inch (4") pressure gauges shall be provided. The gauges shall indicate influent and effluent pressures of the filter. The gauges shall be mounted with the filter system multiport valve enclosure, within a common gauge-mounting bracket. 10/2002 SWIM COMPLEX FILTRATIONhIEATING RENOVATION DIVISION 13 SECTION 13156 r SWIMMING POOL EQUIPMENT PAGE 9 OF 23 F. 1. All fasteners (nuts, bolts, washers) employed in the system shall be cadmium-plated steel. G. - 1. Access to manway, backwash valves, and filter control console shall be from the front of the filter system and shall not require disassembly of any piping or climbing over or around vessel, manifolds or valves to perform operation, service or routine maintenance. H. r 1. Filter media depth shall be as indicated on the drawings; measurements will be taken at the site and will be from top of the collection laterals to the top of the media. The media shall be of a single grade, consisting of uniformly graded, angular shaped, crushed silica sand which shall be free of limestone or clay. 2. Filter system manufacturer shall provide a filter media analysis for the media being utilized. Media supplier shall supply two (2) pounds of filter media from installation site. Consulting engineer, prior to its installation, must approve filter media analysis. 3. #20 Sand a. Filter media shall be Grade #20, effective size .45 millimeter with a uniformity coefficient of 1.5 maximum. MEDIA ANALYSIS Sieve No. Percent Retained on MM (Ipling ve (Rv Welo 20 0.833 (0.333 in) 2 50 0.295 (0.012 in) 4 30 0.589 (0.023 in) 58 40 0.417 (0.016 in) 36 4. Alternate Filter Media 10/2002 a. #30 Sand SWIM COMPLEX FIL,TRATION/HEATING RENOVATION DIVISION 13 SECTION 13156 r' r- r SWIMMING POOL EQUIPMENT PAGE 10 OF 23 1) Filter media shall be Grade #30, effective size .27 millimeter with a uniformity coefficient of 1.6 maximum. MEDIA ANALYSIS Sieve No. 30 0.589 (0.023 in) 40 0.417 (0.016 in) 50 0.295 (0.012 in) 70 0.208 (0.008 in) 100 0.147 (0.006 in) Percent Retained on 2 36 46 11 5 ve (Rv W I. mfnrce(iil" SYSTEM 1. The HydroForceB system shall consist of a stainless. steel centrifugal pump, hydro-pneumatic pressure sustaining tank, adjustable pressure switch, 50 feet of 3/8 inch Nylo Seal@ tubing and all necessary tubing connectors. 2. Pump a. The pump housing shall be made of stainless steel and the impeller shall be molded of L,exan@. A mechanical seal shall be provided and shall be a precision-lapped, highly- polished, carbon-ceramic stainless steel shaft seal, ensuring drip-proof protection. The motor shall be a 112 HP, single phase, 60 cycle, 3450 RPM, suitable for service with filter control console. The motor shall be a NEMA 'C' face flange mounting with a drip-proof enclosure. The motor shall be equipped with sealed ball bearings. The pump shall be performance rated at 5 gallons per minute at 80 feet of head. 3. Tank a. Pressurized water shall be contained in a hydro-pneumatic steel tank that shall be lined with an epoxy coating. The tank will employ a flexing diaphragm, separating wet and dry chambers. The steel tank shall be designed for a maximum working pressure of 100 psi. Tank connection shall be 3/4" NPTM. 4. Pressure Switch a. A pressure switch shall be mounted directly to the pump motor and shall be rated for the operation of a 1-1/2 HP motor at 115 volt, 10/2002 SWIM COMPLEX FILTRATIONMEATING RENOVATION DIVISION 13 SECTION 13 156 SWIMMING POOL EQUIPMENT PAGE 11 OF 23 r 10/2002 single phase. The switch will allow for adjustment of cut-in and . cut-out pressure. 5. Check Valve a. A half-inch, spring-loaded check valve shall be supplied as part of the 'assembly. The check valve shall be installed on the pump suction and shall be designed to retain water pressure accumulated within the amplification system. 6. Tubing and Fittings a. Fifty (50) feet of 1/2 inch Nylo Seal@ tubing and all necessary . tubing to pipe fittings shall be supplied for the connection of the HydroForce system to the filter system and the filter control. 7. Finish a. The system shall be coated with an industrial-grade polyurethane high-gloss protective finish. J. 1. To protect and safeguard filter vessel, it shall be skidded and supplied with a plastic wrapping to facilitate shipment, handling, and/or storage on job site. The plastic wrap shall also act as a protective barrier during installation. All other components shall be packaged in a manner that will ensure damage-free transportation and facilitate storage at job site. K. 1. Printed and bound operating, installation and service manual with exploded parts list shall be supplied with the system described herein. L. 1. Certifidstamped engineering calculations and drawings will be required for the structural strength of filter vessel and seismic loading. The filter supplied must be listed by the National Sanitation Foundation (NSF) ANSI 50 for a flow rate of up to 20 gallons per minute, per square foot of filter area. Proof of National Sanitation Foundation (NSF) listings will be required. SWIM COMPLEX FILTRATION/HEATING RENOVATION DIVISION 13 SECTION 1 3 156 . SWIMMING POOL EQUIPMENT PAGE 12 OF 23 M. 1. Local factory representation for the products contained herein is mandatory. A site specific/site local factory-authorized and trained service specialist shall provide eight hours (8) of startup and training service. The startup shall include adjustments to the filter system and all of its controlling components, calibration and setup of the control system, and instructions to the owner/operator of the system's workings. 2. Prior to the completion of one (1) year's service, the site specific/site local factory-authorized service specialist shall visit the filter system installation site. With the owner/operator, the service specialist shall inspect all of the filter system components for signs of wear/malfunction at that time. Any and all worn or malfunctioning items shall be repaired or replaced at no expense to the owner. The service specialist will thoroughly instruct the owner/operator on annual service procedures for the filter system, all at no expense to the owner. 1. A 15-year limited warranty shall be provided covering all components of the filter system specified herein. The first (1st) year of the warranty period shall be unconditional. The second (2nd) year through the fifteenth (15th) year may be limited and prorated. 2.04 POOLHEATER A. Lochinvar KPN2070, 2,070,000 BTUH natural gas heater; 24 volt electronic ignition with California Control package; furnish complete with stack top as required. 2" water influ/efflu connections, 2" natural gas connection and 14" diameter flue to atmosphere. Provide Cupro-Nickel heat exchanger and flow meter. Lochinvar or approved equal. One (1) required. 2.05 EXISTING GAS C"E FEED/STORAGE A. Existing gas chlorine fedstorage systems to remain. Provide new vacuum injection, 'Sta-Rite' #JBHE, lHP, 20 GPM @ 100 ft. T.D.H. (verify with existing pump) booster pump and piping to new 8" return piping. 2.06 EXISTING CAUSTIC SODA STORAGEFEED SYSTEM A. Existing caustic soda feed system to be hard piped with new injection to return piping. 10/2002 SWIM COMPLEX FILTRATIONIHEATING RENOVATION DIVISION 13 SECTION 13 156 tf“ SWIMMING POOL EQUIPMENT PAGE 13 OF 23 2.07 WATER CHEMISTRY CONTROLLER An integrated microprocessor-based electronic water treatment control system shall be furnished. The unit shall continuously monitor and control pH, High Resolution Redox (HRR), part per million of chlorine/bromine, water temperature, recirculating pump and filter backwash. The values for Langelier Saturation index (LSI) and Ryznar index (RI) shall also be displayed. The controller shall incorporate plug-in printed circuit boards (PCB) and shall feature a data modem providing data FAX out and alarm condition auto dial out. Professional version of SVC Microsoft Windowsm based software for interactive connection between the controller and an IBM compatible computer shall be part of the system. The chemical controller package shall be a System6 by USFilter Stranco Products, Bradley, Illinois. Requests for substitutions for the specified make and model will not be considered unless equal to the specified system in every respect and must be submitted to the specifying agent not less than 10 calendar days prior to bid date. Requests for substitutions must include a sample controller with all specified features; complete documentation relating to all the specified features; and manufacturer’s sales literature, engineering drawings and, installation, operation, and maintenance manuals. Failure to provide these or any other information necessary to confirm that all specified features are provided will be cause for rejection of substitution request. A. 1. Housing and Mounting a. The control system and external relays shall be housed in independent nonmetallic Nema 4X rated enclosures. The enclosures and connections shall be designed to eliminate any possibility of corrosion or damage to the internal components of the controller. The enclosures shall be mounted to a half inch thick PVC back plate, being 12” x 20”, and shall be provided with mount holes. Controller and external relays shall be factory wired and tested for functionality. i 2. Display and Keypad a. Controller shall have a 12 x 40-character alphanumeric split screen, LCD display with constant backlighting. Screen size shall be a minimum of 2 3/8” high by 4 3/8” wide. 10/2002 SWIM COMPLEX FLTRATION/HEATING RENOVATION DIVISION 13 SECTION 13 156 (4 f- SWIMMING POOL EQUIPMENT PAGE 14 OF 23 Continuous display of pH, HRR, temperature, and optional calculated chlorinehromine level in ppm Date, time and alarm- status Recirculation pump status Filter backwash status Calcium Hardness Alkalinity Langelier Saturation index (LSI) and Ryznar (RI) Facility location and phone number Descriptive alarm messages Alarm Display shall be LED and shall be provided with visual pH and chlorinehromine feed pump indicators (feed up and feed down lights) which are activated as chemicals are being fed. Controller shall also display paused mode of proportional chemical feed. Visual alarm indicators to warn operator of high or low pH, HRR, temperature, chlorine levels, low or no flow and faiYsafe conditions. b. Keyboard shall be a sealed membrane having seventeen numeric and function keys. Keypads shall be of the raised edge, tactile type for ease of manipulation. Membrane shall be treated to resist influence of ultraviolet ray degradation. c. Monitoring and Operating Displays 3) 4) pH level shall be continuously monitored and displayed digitally on the unit face panel, within a range of 2-12 with a .1 pH resolution. Face panel pH set points shall be programmable to limit operator selection of pH set points to comply with health code limitation. HRR level shall be continuously monitored and digitally displayed in millivolts (mV) on the unit face panel, within a range of 0-1000 mV with a 1 mV resolution. Face panel HRR set points shall be programmable to limit operator selection of HRR set points to comply with health code limitation. chlorinehromine residual shall be continuously monitored and displayed digitally on the unit face panel. The ppm display range shall be 0-6 ppm with a .1 resolution. Face panel chlorinehromine set points shall be programmable to limit operator selection of set points to comply with health code limitations. Temperature of the swimming pool water shall be capable 10/2002 SWIM COMPLEX FILTFUTION/HEATING RENOVATION DIVISION 13 SWIMMING POOL EQUIPMENT PAGE 15 OF 23 SECTION 13156 r r- of being continuously monitored, controlled and digitally displayed on the unit face panel. Recirculation pump shall be capable of being programmed with respect to on and off times, providing for energy saving capability. 6) Filter system backwash shall be capable of being programmed with respect to time of backwash. If recirculation pump is in energy savings mode (off), controller shall energize the recirculation pump during set time backwash and return pump to energy saving mode following backwash. Calcium Hardness, Alkalinity, Langelier Saturation index (LSI) and Ryznar index (RSI) will always be displayed with last calculated evaluation date stamp. 5) 7) d. Output Circuits 1) Eight (8) controller output circuits shall be provided and capable of handling standard line voltage at 5 amps each for pH and chlorinehromine feed control, for the time clock controlled functions, and for a master alarm signal. Filter backwash control relay shall be of the dry contact type accommodating various filter controllers. Fuses shall be used to protect solid state relay controlled outputs. Automatic outputs shall be capable of being manually ovemdden with front membrane panel push buttons and internal override contacts for pH and HRR, and chlorinehromine shall be provided to allow for direct and complete manual override. The closing of any of these momentary contacts will switch incoming line voltage directly to the feeder output circuit. 2) e. Chemical Feed Programming 1) The control system shall be capable of being programmed for either standard ordoff feed control or a time based proportional feed control mode. Time based proportional feed logic shall automatically adjust, within a settable time base of 20-60 seconds, the operating time of the feed unit, cycling on and off if unit falls below set point. Cycling time will be variable based upon continuance of set point variation. The unit shall also provide for a “proportional band” of 0-99 mV (0-1.67 pH units) with each mV offset 10/2002 SWIM COMPLEX FilLTRATION/HEATING RENOVATION DIVISION 13 SECTION 13 156 r f. Feed Duration r r SWIMMING POOL EQUIPMENT PAGE 16 OF 23 from set point causing the feeder to be on for one second. Minimum feeder “on time” shall be no less than five seconds to ensure proper pump performance. The controller shall govern the output of any chemical feeder from 10% to 100% of maximum rated capacity. The system shall operate in such a manner as to make unnecessary, under ordinary or extraordinary conditions, any manual increase or decrease of feeder output settings by operating personnel in order to maintain set point. Units allowing only odoff control of chemical feeders or requiring use of special proportional-band feed devices (4- 20 mA or 0-100 strokes per minute inputs) to achieve proportional control shall not be considered equal. 1) The system shall be equipped with an internal microprocessor-based feed duration alarm circuit that shall disable the appropriate chemical feeder(s) and energize an alarm circuit in the event of: . 2) Electrode (sensor) failures 3) Chemical feeder malfunctions 4) 5) Depletion of chemical supply source The time base of the feed duration alarm circuit shall be programmable from 0 through 24 hours with one (1) minute resolution. In addition, an internal software switch shall make it possible to disable the feed duration alarm circuit entirely without affecting other system operations. Units incorporating mechanical-type overfeed timers shall not be considered equal. g. Recirculation Pump and Backwash Initiation 1) Controller shall be capable of shutting down recirculation pump while pool is not in use. A four (4) event, twenty- eight (28) day timing circuit shall be incorporated into the controller for operation of the recirculation pump. Controller shall be capable of filter backwash using an internal electronic timer or manual override. Controller shall incorporate a four (4) event, twenty-eight (28) day timing circuit to control filter backwash. System shall be capable of disabling chemical feed during backwash. System shall be capable of starting up recirculation pump for duration of 2) 10/2002 SWIM COMPLEX FILTRATIONMEATING RENOVATION DIVISION 13 SECTION 13156 r SWIMMING POOL EQUIPMENT PAGE 17 OF 23 backwash, should recirculation pump be in energy saving operation mode. h. Indicators, Alarms, and Warnings 1) The control system shall be provided with pH, HRR and ppm (oxidant) feed indicator lights, which shall be activated when respective chemicals are being fed. System shall be provided with visual high and low pH and HRR alanns. High pH alarm shall prevent soda ash and hypochlorite feed and low pH alarm shall prevent acid feed and gas chlorine feed. High HRR alarm shall disable HRR oxidant feed. System shall be capable of accepting a low voltage ordoff flow indication signal via hard wire connection on internal circuitry. The system shall provide a low flow warning message to alert operator when a low or no flow situation exists in the sample stream. Should a low or no flow condition exist, the system shall disable all chemical feed functions. The control system shall be provided with an internal microprocessor based “feed duration alarm” circuit that shall disable the appropriate chemical feeder(s) and energize an alarm circuit in the event of: a) sensor failures, b) chemical feeder malfunctions, and c) depletion of chemical supply. The fail/safe alarm mode shall be programmable from 0 through 18 hours with 1 minute resolution. In addition, an internal software switch shall make it possible to disable the feed duration alarm circuit entirely without affecting other controller operations. Units incorporating mechanical-type overfeed timers shall not be considered equal. Warning bands for pH and chlorine/bromine/ozone feed shall be available for programming through menu tree. Warning band alarm triggers if pH or Clz value remains offset from desired set point for a prolonged time, but does not reach alarm range. An alarm condition shall activate a remote master alarm signal, provided as a dry contact closure, enabling the use 2) 3) 4) 5) 6) 7) of 0-280 VAC alarms. (4 10/2002 1. Electronic Timer SWM COMPLEX FILTRATION/HEATING RENOVATION DIVISION 13 SECTION 13 156 r F 10/2002 SWING POOL EQUIPMENT PAGE 18 OF 23 1) A microprocessor circuit shall provide control over a sensor rinse function or any other chemical feed function activated on a time basis. The circuit shall be capable of being programmed for four (4) separate timed events, each having independent daily on and off settings. The timer shall energize a solid-state relay. j. Onboard Memory and Security 1) Controller shall have six (6) megabyte of RAM memory and shall be capable of logging up to sixty eight (68) days of data relating to pH and HRR readings; any alarm conditions; any set point adjustments; and feed, recirculation and filter backwash event history. Frequency of logged input points shall be selectable from every minute to every four (4) hours. Controller shall be capable of downloading logged data onto an IBM compatible computer using modem or direct cable and software, which shall be provided with the controller. The logic of the system shall include a three level security code system, allowing access to pH, HRR, ppm, temperature and alarm set points. Security system will allow separate manager [two (2) codes], operator [six (6) codes] and a factory authorized system entry. Security system shall also provide history of access identified by user. 2) k. Monitoring Feature 1) Voice and Computer Interface Modem a) The controller shall be equipped with a plug-in printed circuit board (PCB) with a 33,600 baud rate modem providing remote interface with any IBM compatible computer and remote ' system communication with any touch tone telephone. The PCB and modem shall be an integral part of the chemical control feed control system and shall enable service and operating personnel to perform the following functions: 2) Computer Interface SWIM COMPLEX FIL,TRATION/HEATING RENOVATION DIVISION 13 SECTION 13 156 r' 3) SWIMMING POOL EQUIPMENT PAGE 19 OF 23 a) b) Remotely access current pool water conditions and controller status. Remotely download historical data relating to water chemistry readings, alarm status, feed event history, and set point adjustments. Remotely calibrate control system and adjust feed set points, feed modes, and alarm set points. c) d) Remotely control recirculation pump. e) Remotely control filter backwash. FAX out Capability a) FAX out historical data related to water chemistry readings, alarm status, feed event history, and set point adjustments based on preset times. The controller shall have Alarm status FAX out capability. b) 4) Voice Modem a) Communicate pH and HRR alarm status to any standard touch tone telephone using an integral modem and voice synthesizer. Allow the user to adjust set level point via touch pad on telephone. In the event the system detects that chemical levels, flow rates or other alarm conditions, have violated their user selectable limits it shall automatically begin an alarm dial-out sequence of up to six (6) programmed telephone numbers. Once an alarm sequence begins, numbers will be called in order until one of them is answered and acknowledged by entering an appropriate number code. b) c) 1. Windows Based Software 1) Interactive Software for Monitoring and Controlling a) Software shall be Windows based interactive designed specifically for monitoring and controlling pool water chemistry, recirculation pump and the backwash of a commercial filter system. The 10/2002 SWIM COMPLEX FILTRATIONMEATING RENOVATION DIVISION 13 SECTION 13156 t- r SWIMMING POOL EQUIPMENT , PAGE20OF23 Software shall be compatible with all versions of Microsoft Windowsm. DOS based software will not be accepted. 2) Software ProgramIComputer Interface a) Software shall have a Graphical User Interface and Water Database Management Package referred to as “Site Database”. Software will allow for direct and/or remote access and manipulation of all functions related to the controller. Long-term operational data shall also be retrievable on-site or from a remote location. All software parameters shall be programmable and accessible through an organized step level- programming tree with pop-up windows prompting Software shall enable user to change setting by clicking on the desired option. b) c) I for a value. d) B. Row- The control system shall include a sensing chamber, a flow switch, and sensor assemblies, all of which shall incorporate the following features: 1. An integral self-ah purging sensing chamber designed to accommodate three sensing devises shall be provided. The chamber body shall be PVC with a clear polycarbonate inspection cover. All plumbing, PVC Schedule 80, consisting of shut off valves, backflow device, nipples, elbows, sampling cocks, compound gauge and flow switch shall be supplied. The flow switch shall be of the paddle wheel-style with see-through cover and “on stream” light. Flow switch shall indicate flow through the sample stream and signal the controller to initiate an alarm condition and to shut off feed circuits in the event flow should stop. Flow switch shall operate on low voltage and be made of non-corrosive material. Flow cell and plumbing shall be mounted to a back panel housed with a gasketed enclosure. Inserting sensing devices into standard plumbing fittings will not be considered equal to this specification. 2. pH and HRR sensor shall contain no less than 50 milliliters of electrolyte gel to assure reasonable electrode life. The gel used in each electrode shall be inorganic so as to prevent degradation by chlorine or bromine. The Redox sensor shall be of the patented HRR technology. HRR sensing 10/2002 SWIM COMPLEX FILTRATION/HEATING RENOVATION DIVISION 13 SECTION 13 156 r' SWIMMING POOL EQUIPMENT PAGE 21 OF 23 c. D. electrode shall incorporate at least 1 square centimeter of 99.999% pure platinum and operate in temperatures between 32 - 150° F (0 - 66" C). Each electrode shall use a porous Teflon liquid junction to minimize the chance of liquid junction clogging and prolong electrode life. pH and HRR sensors shall incorporate shielded BNC connectors to insure continuity of connection. To insure accuracy and compatibility, the controller manufacturer shall manufacture the sensing probes. Electrodes not utilizing the above technology or organic gels or wood or ceramic liquid junctions or connectors other than shielded BNC will not be considered equal to these specifications. 3. Temperature sensor shall be of the Zener Diode type having a two (2) wire cable of the low noise type with appropriate connectors. Cable and connectors shall meet or exceed Military Specifications. To insure accuracy and compatibility, the controller manufacturer shall manufacture the sensing probes. 1. An automatic sensor wash system shall be provided. The system shall consist of one 6-gallon vapor-proof tank, one feed pump capable of pumping up to 10 gallons per day at 75 psi, and a four-function anti- siphodpressure relief valve. Digital programmable electronic timer in the chemical controller shall control the pump. WSt-ranqr 1. The system shall be provided with an illustrated installation, operating and maintenance manual. Drawings and detailed written description of features and operating phases of the control system shall be a part of the operating and maintenance manual. 2. The control system shall be provided with on-site start-up, on-site operator training, and one (1) year of on-site warranty service, all of which shall be performed by a representative trained and authorized by the controller's manufacturer. 3. The system shall carry a twenty four (24) month limited warranty against defects in material and workmanship for all components including electronics, flowcell assembly and probes. 2.08 BACKWASH PIT SUMP PUMP r' 10/2002 SWIM COMPLEX FILTRATIONkIEATING RENOVATION DIVISION 13 SECTION 13156 (4 SWIMMING POOL EQUIPMENT PAGE 22 OF 23 A. 'Hydromatic' #SK100,140 GPM @ 20 ft. T.D.H. lHP, 208V, 3PH, with diaphragm pressure switch and 20 ft. of cord to existing power source. Provide 3" piping to existing backwash sump. Verify motor voltage prior to ordering. PART 3 - EXECUTION 3.01 SURFACE CONDITIONS 1. prior to installing the items of this Section, carefully inspect the installed Work of other trades and veri9 that all such Work is complete to the point where this installation may properly commence. 2. Verify that the swimming pool equipment items may be installed in strict accordance with original design, pertinent codes and regulations, and the manufacturers' recommendations. B. 1. In the event of discrepancy, immediately notify the Owner's Representative. 2. Do not proceed with installation in areas of discrepancy until all such discrepancies are fully resolved. 3. Failure to notify the Owner's Representative and give written notice of discrepancies shall constitute acceptance by the Installer of existing conditions as fit and proper to receive its Work. 3.02 INSTAUATION A. Supply and install items of swimming pool equipment in strict accordance with applicable codes and regulations, the original design, and the manufacturer's published recommendations, anchoring firmly and securely for long life under hard use. B. Coordinate with other trades to insure all imbedded items are set plumb and flush. Railing ends must have anchor sockets and escutcheon plates. Be certain that deck equipment and railings are properly bonded prior to imbedding. C. All equipment shall be braced andor anchored to resist a horizontal force acting in any direction using the criteria shown on the Drawings. r 10/2002 SWIM COMPLEX FILTRATION/HEATING RENOVATION DIVISION 13 SECTION 13 156 6' 3.03 INSTRUCTION SWIMMING POOL EQUIPMENT PAGE 23 OF 23 A. Upon final inspection and approval of the Owner's Representative, carefully instruct the Owner's maintenance and operations personnel in the proper operation and maintenance of installed equipment. 3.04 CLEAN-UP A. Upon completion of swimming pool equipment, remove all debris, materials and equipment occasioned by this Work to the approval of the Owner's Representative. END OF SECTION 1 OJ2002 SWIM COMPLEX FILTRATIONMEATING RENOVATION DIVISION 13 SECTION 13 157 f- SWIMMING POOL MECHANICAL PAGE 1 OF 11 r' SECTION 13157 - SWIMMING POOL MECHANICAL PART 1 - GENERAL 1.01 WORK INCLUDED A. Provide swimming pool mechanical piping as indicated on the Drawings for circulation and filtration systems, pool water heating systems, chemical control systems, booster pump systems and all appurtenances. B. Furnish and install domestic water system from points of connection within swimming pool equipment room(s) to make-up water system and miscellaneous items as required. C. Furnish and install filter backwash system to point of connection with sanitary sewer within swimming pool mechanical equipment room(s) as required. D. Furnish and install natural gas piping system from points of connection within swimming pool equipment room(s) to pool heating system. E. Furnish and install ducting for pool heater(s) from points of connection within pool equipment room( s) . 1.02 QUALITY ASSURANCE A. All Work of this Section shall be performed or supervised by the Swimming Pool Subcontractor. B. 1. The contractor / subcontractor for this portion of the Work shall have been successfully engaged in the respective trade for at least five (5) years immediately prior to commencement of this work, and shall demonstrate to the approval of the Owner's Representative that his record of workmanship is satisfactory. 2. For actual construction operations, use only thoroughly trained and experienced workers completely familiar with the materials and methods specified. 3. Provide at least one person who shall be present at all times during execution of this portion of the Work and who shall be thoroughly familiar with the type of materials being installed, the referenced standards, and the 10/2002 SWIM COMPLEX FILTRATIONMEATING RENOVATION . DIVISION 13 SECTION 13157 r SWIMMING POOL MECHANICAL PAGE 2 OF 11 requirements of this Work, and who shall direct all Work performed under this Section. C. 1. All equipment supplied or work performed shall comply with regulations governing public swimming pls and spas. 2. Work shall be performed in accordance with the applicable editions of all National, State and local codes, laws, regulations and ordinances, including the following: a. American National Standards Institute (ANSI). b. American Society for Testing Materials (ASTM). c. American Waterworks Association (AWWA). d. American Welding Society (AWS). 3. Do not construe anything in the Drawings or Specifications to permit Work not conforming to these requirements. /" 1.03 SUBMITTALS AND SUBSTITUTIONS A. Provide submittals in accordance with the requirements of Section 01330. Requests for substitution shall conform to requirements of Article 1.05 (A) of Section 13150. 1.04 PRODUCT HANDLING A. Delivery: Deliver all materials to the Project Site in the manufacturer's original unopened containers with all labels intact and legible. B. Storage: Store all materials under cover in a manner to prevent damage and contamination, and store only the specified materials at the Project site. C. Protection: Use all means necessary to protect swimming pool mechanical items before, during and after installation and to protect the installed Work of all other trades. D. Replacements: In the event of damage, immediately make all repairs and replacements necessary to the approval of the Owner's Representative and at no additional cost to the Owner. r 1.05 JOB CONDITIONS 10/2002 SWIM COMPLEX FILTRATIONMEATING RENOVATION DIVISION 13 SECTION 13157 6" SWIMMING POOL MECHANICAL, PAGE 3 OF 11 A. Cooperate with other trades in coordinating their respective Work, so that no conflict of new construction or occupied space may occur. Should any installation Work be done without such craft coordination, that Work so installed shall be removed and reinstalled. PART 2 - PRODUCTS 2.01 PRODUCT QUALlTY A. Materials and equipment shall be new, of the best quality for the purpose intended, and shall be clearly marked with the manufacturer's name and nameplate data or stamp and rating. As far as practicable, materials and equipment shall be of one manufacturer. 2.02 PIPE AND FITTINGS A. PVC Schedule 40: Type 1, normal impact, NSF approved for solvent welding applications, ASTM Specification D-1785, color shall be white. Dura, Lasco, or approved equal. r B. PVC Schedule 80: Type 1, normal impact, NSF approved for solvent welding applications, ASTM Specification D-1785, color shall be gray. Dura, Lasco, or approved equal. C. PVC DR25: Conforming to ATSM D-1784, use with epoxy coated bell and spigot-type fittings or epoxy coated mechanical joint by flange adapters with epoxy coated cast iron fittings as specified in Article 2.02 (F), below. Johns- Manville "Big Blue", Diamond Plastics, or approved equal. D. Copper Tubing: ASTM Specification B-88, hard drawn, with ANSI Standard B16.22 wrot copper fittings. E. Steel: ASTM Specification A-120, Schedule 40 black or galvanized pipe with ASTM A-47 150 lb. banded malleable iron threaded fittings. F. Cast Iron: ASTM Specification B16.1, cast iron flanged fittings, provide epoxy coating as required for use with chlorinated water. 2.03 VALVES A. Gate Valves: PVC body, PP or CPVC-SBR lined gate, PVC Stem, O-ring valve seals-EPDM. Asahi or approved equal. r- ', 10/2002 SWIM COMPLEX FILTRATIONlHEATING RENOVATION DIVISION 13 SECTION 13157 SWIMMING POOL MECHANICAL, PAGE 4 OF 11 B. Butterfly Valves: PVC body; PP or PVDF disc; 403 stainless steel stem, viton seat material, furnish hand wheeVgear operators on all valves 6" and larger. Asahi or approved equal. C. Check Valves: PVC body; PVC disc; EPDM seat, PVC shaft. Asahi or approved Mpal. D. Surge Chamber Float Valve: EPD #2-0020-027 Float Control Valve, 10" line size, as manufactured by Environmental Products Division of Doughboy Recreational, Rancho Cucamonga, CA, no known equal. E. Surge Chamber Isolation Valve: Tapped lug type, bronze body, stainless steel stem, bronze disc, phenolic back-up ring, EPT seat material. Provide stainless steel shaft extension, shaft housing and tool operator located 2'4'' above floor level with deck access grate as required. Demco Series N.E., Bray, or approved equal. F. RP Backflow Preventer: Febco #835-B for 2" and smaller; #825 for 2-1/2" and larger. Febco, Watts, or approved equal. r G. Make-up Water Control: Clayton #100-01 Hytrol Valve as manufactured by Cla- Val Co., Newport Beach, CA, no known equal. Provide complete with #CFl-C1 controller and install stilling well as indicated on the Drawings. 3" line size. 2.04 PRESSURE / VACUUM GAUGES A. Furnish and install pressure and vacuum gauges on the discharge and suction sides of all pumps. 4-1/2" dial, bottom connection, cases and hardware shall be stainless steel, aluminum or plastic, chrome ring and shut-off cock. Ranges shall be selected to indicate between mid-point and two-thirds of maximum range under design conditions. Marsh, Trerice, or approved equal. 2.05 PIPE HANGERS AND SUPPORTS f"' 1. Use Kin-Line, Grinnel, or approved equal. 2. Support all pipe line individually with hangers, each branch having at least one hanger. Lateral brace as noted and required. 3. Support piping near floor with steel stanchions welded to end plates 10/2002 SWIM COMPLEX FILTRATION/HEATING RENOVATION DIVISION 13 SECTION 13157 secured to pipe and floor. r SWIMMING POOL MECKANICAL PAGE 5 OF 11 4. 5. 6. 7. 8. 9. 10. 11. Support vertical piping at each floor level. Install coupling in piping at each support. Coupling shall rest on and transmit load to support. Isolate copper from steel supports with vinyl electrician's tape around pipe and coupling. Use Stoneman "Trisolator," Unistrut, or approved equal, isolators at each hanger and other support points on bare copper tubing system. For PVC pipe, space hangers four (4) feet apart for pipe sizes 1" and under, five (5) feet apart for pipe sizes 1-1/4" to 2", and six (6) feet apart for pipe sizes over 2". Space hangers for horizontal pipes at a maximum of six (6) feet for copper 2" and smaller and for steel 1-1/4" and smaller; ten (10) feet for copper 2-1/2" and larger and for steel 1-1/2" and larger. Size hanger rods, screws, bolts, nuts, etc., according to manufacturer's sizing charts. Trapeze hangers may be used for parallel lines. Use galvanized or cadmium plated hangers, attachments, rods, nuts, bolts, and other accessories in pool mechanical room, high humidity areas, or where exposed to weather. Hot dip galvanize all items which are not factory furnished. Plating for hinged movements must be done at the factory. Lateral Bracing: To prevent swaying of the piping systems, provide angle iron bracing and anchor into wall or overhead framing. Piping shall be braced or anchored in such a way as to resist a hofizontal force of 50% of its operating weight in any direction. Do not use wire or other makeshift devices for hangers. 2.06 . SLEEVES AND WATERSTOPS r 1012002 A. Provide sleeves where work of this Section passes through fire rated partitions, floors and ceilings, concrete slabs or exterior of structure. Caulk clearance space using sealant appropriate for application in conformance with manufacturer's recommendations and Title 24 of California Code of Regulations. 3m, Dow Corning, or approved equal. In lieu of sleeves and caulking, "Link Seal" products may be used. SWIM COMPLEX FILTRATIONlHEATING RENOVATION DIVISION 13 SECTION 13 157 r SWIMMING POOL MECHANICAL PAGE 6 OF 11 B. Provide prefabricated waterstops as indicated on the Drawings at all pipe penetrations through structures containing stored water @e., swimming pools, balance/surge tanks, etc.) to insure leak-proof seals. PART 3 - EXECUTION 3.01 SURFACE CONDITIONS 1. Prior to Work of this Section, carefully inspect the installed Work of other trades and verify that such work is complete to the point where this installation may properly commence. 2. Verify that items of this Section may be installed in accordance with the original design and referenced standards. B. 1. In the event of discrepancy, immediately notify the Owner's Representative. 2. Do not proceed with installation in areas of discrepancy until all such discrepancies have been fully resolved. 3. Failure to notify the Owner's Representative and give written notice of discrepancies. shall constitute acceptance by the Contractor of existing conditions as fit and proper to receive his work. 3.02 ABBREVIATIONS AND SYMBOLS A. Abbreviations and symbols on the Drawings are those most'commonly used. Obtain clarification from the Owner's Representative on any questionable items before bid. 3.03 GENERAL PIPING REQUIREMENTS A. Size any section of pipe for which size is not indicated or any intermediate section erroneously shown undersized the same size as the largest pipe connecting to it. Sizes listed are nominal. B. Cut pipe accurately to job measurements and install without springing or forcing, 1 Of2002 SWIM COMPLEX FZLTRATIONIHEATING RENOVATION DIVISION 13 SECTION 13 157 r- SWIMMING POOL MECHANICAL, PAGE 7 OF 1 1 true to line and grade, generally square with building andor structures and adequately supported to prevent undue stress on pipe, fittings and accessories. Make changes of direction with manufactured fittings. reducing flanges, close nipples or bending of pipe is not allowed. C. Street ells, bushings, D. Use great care to install piping in accordance with best practice. Plastic pipe shall be “snaked” in trenches to allow for ,thermal expansion. E. All above grade, below grade and buried or imbedded PVC shall be installed using solvent weld fittings. Also, each and every fitting and pipe end shall be prepared with solvent primer. Fittings shall be joined individually and with enough time between assembly of adjacent joints to allow them to seal solidly. After joining, an even ring of primer must be visible around the entire fitting. If any fittings are installed without visible primer, the fitting shall be removed and discarded and piping recut, rechamfered, and joint made up again using a new fitting. All procedures, methods and techniques used to make up solvent weld joints shall be in strict accordance with manufacturer’s recommendations. F. Arrange pipe and hangers to allow for expansion, contraction and structural settlement. No pipe shall contact structure except penetrations as shown on the Drawings. G. Provide dielectric connections between copper and dissimilar metals. In copper systems, threaded piping including connections to equipment shall be brass pipe and fittings. Install dielectric connections in vertical sections of piping only. H. Run pipe full size through shut-off valves, balancing valves, etc. Change pipe size within three (3) pipe diameters of final connection to control valves, fixtures and other equipment. I. Provide unions or flanges at connections to equipment, on service side of valves and elsewhere as required to facilitate ease of maintenance. J. Locate equipment shut-off valves as close to equipment as possible maintaining easy valve access. K. Make all connections between domestic water systems and equipment or face piping with approved backflow prevention devices as required. 3.04 TRENCH EXCAVATION AND BACKFILL A. 1012002 SWIM COMPLEX FILTRATIONlHEATING RENOVATION DIVISION 13 SECTION 13 157 r" f- 1. SWIMMING POOL MECHANICAL PAGE 8 OF 11 The Contractor shall perform all excavation of every description and of whatever materials encountered, to the depths indicated on the Drawings or as necessary. The Contractor shall dispose of the excavated materials not required or suitable for backfill as directed, and shall perform such grading as may be necessary to prevent surface water from flowing into the trenches. The Contractor shall provide adequate equipment for the removal of storm or subsurface waters, which may accumulate in the excavated areas. 1. Excavate trenches to lines and grades as indicated on the Drawings and with banks as nearly vertical & practicable. 2. Bottoms of trenches shall be accurately graded to provide uniform bearing on undisturbed soil for the entire length of each section of pipe. 3. The width of the trench at and below the top of the pipe shall be such that the clear space between the barrel of the pipe and the trench wall shall not exceed 8" on either side of the pipe. The width of trench above the top of pipe may be wider if necessary. 4. Over-depth excavations shall be filled with' tamped sand to required grades. 5. Excavations of five (5) feet or more in depth shall be shored or supported in conformance with rules, and regulations of State and Federal Governments. Shoring shall be constructed, maintained and removed in a manner to prevent caving of the excavation walls or other load on the pipe. C. 1. Material for backfilling of pipes shall be approved granular material less than two (2) inches in diameter obtained from the excavation. No material of a perishable, spongy or otherwise unsuitable nature shall be used as backfill. 2. Backfilling of pipe trenches shall commence immediately after installation and testing to preclude damage to the installed pipe. BacMill around pipe shall be carefully placed so as not to displace or damage the pipe, and shall be carried up symmetrically on each side of the pipe to one foot above the top of the pipe. The material shall be carefully compacted or consolidated 1012002 SWIM COMPLEX FILTRATIONMEATING RENOVATION DIVISION 13 SWIMMING POOL MECHANICAL PAGE 9 OF 11 before additional backfill is placed. 3. Backfill above an elevation of one foot above the top of pipe in conformance with requirements of Section 13 15 1. Material for balance of backfill shall be approved granular material less than six (6) inches in diameter taken from the excavation. 4. Unless otherwise indicated on the Drawings, all pipe shall have a minimum of eighteen (1 8) inches of cover. 3.05 GENERAL EQUIPMENT REQUrtiEMENTS A. Position equipment to result in good appearance and easy access to all components for maintenance and repah. B. Install piping, flues, breeching and ducts so that they do not interfere with equipment access. C. Install level, secure and out of moisture. Provide shims, anchors, support straps, angles, grouted bases, or other items as required to accomplish proper installation. r D. All screws, nuts, bolts and washers shall be galvanized, cadmium plated or stainless steel. After fabrication, hot-dip galvanize unfinished ferrous items for outdoor, below grade or other use subject to moisture. E. Extend 1/2” Schedule 40 black steel pipe lubrication tubes from all hard to reach locations to front of equipment or to access points. Terminate with proper type of lubrication fitting. 3.06 VALVES AND STRAllWRS / A. If no shut-off is indicated, provide gate valves at inlet connections and balance valves at outlet connections to fixtures and equipment. Provide proper valve trim for service intended. B. Use no solder end valves unless noted otherwise; provide adapters in copper tubing systems. J C. Locate valves with stems above horizontal plane of pipe. In general, locate valves within six (6) feet of floor, out from under equipment, in accessible locations with adequate clearance around hand wheels or levers for easy operation. r 10/2002 D. Provide all valves, cocks and strainers, full pipe size unless indicated othevise. SWIM COMPLEX FILTRATIONA-IEATING RENOVATION DIVISION 13 ’SECTION 13 157 r‘ (4‘ SWTMMING POOL MECHANICAL PAGE 10 OF 11 E. . Provide hand wheel operators on all valves 6” and larger, under 6” lever operators may be used. F. Provide tool operated valve with stainless steel shaft extension and ‘on deck’ tool operation for surge chamber butterfly isolation valve. 3.07 IDENTIFICATION OF PIPING A. Identify each valve by a numbered brass tag with hole and brass chain mounted on valve stem or handle. Tag to be a minimum of 1-1/2” in diameter and numbers at least 1/4” high stamped into tag. B. Install an identification chart in a plastic or glass framed enclosure which schematically illustrates the proper operation of all piping systems and indicates number and location of all valves and control devices within the system. 3.08 TESTS A. Perform tests in presence of Owner’s Representative with no pressure loss or noticeable leaks. B. Do not include valves and equipment in tests. Include connection to previously tested sections if systems are tested in sections. C. Perform tests as follows: Pool Piping 50 psig Water 4 hours Domestic Water 150 psig Water 4 hours 3.09 PIPE MATEFUAL APPLICATION A. PVC Schedule 40: piping up to 12” line size; use standard solvent weld fittings. Below grade swimming pool piping and domestic water B. PVC Schedule 80: Above grade swimming pool piping up to 12” line size; use solvent weld Schedule 80 or epoxy coated cast iron fittings. C. Type L Hard Copper: Above grade domestic water piping. D. CPVC Schedule 80; Pool Heater Piping. 10/2002 SWIM COMPLEX FLTRATIONIHEATING RENOVATION DIVISION 13 SECTION 13157 SWIMMING POOL MECHANICAL PAGE 11 OF 11 E. Schedule 40 Steel: Natural gas piping. 3.10 CUTTING AND DRILLING A., Cutting or drilling necessary for installation of Work of this Section shall be done only with approval of Owner’s Representative. 3.1 1 CLOSING-IN OF UNINSPECTED WORK A. Do not cover or enclose Work before testing and inspection. Re-open Work prematurely closed and restore all Work damaged. 3.12 QUIETNESS A. Quietness is a requirement. Eliminate noise, other than that caused by specified equipment operating at optimum conditions, as directed by Owner’s Representative. 3.13 FLUSHING OFLINES A. Flush or blow out pipes free from foreign substances before installing valves, stops or making final connections. Clean piping systems of dirt and dust prior to initial start-up. r 3.14 CLEAN-UP A. After all Work has been tested and approved, the Swimming Pool Subcontractor shall thoroughly clean all parts of the equipment installations. Exposed parts shall be cleaned of cement, plaster and other materials and all grease and oil spots removed with solvent. €3. The Swimming Pool Subcontractor shall remove debris from the Project site. Cartons, boxes, packing crates and excess materials not used, occasioned by this work shall be disposed of to the satisfaction of the Owner’s Representative. C. If the above requirements of clean-up are not performed to the satisfaction of the Owner’s Representative, the Owner reserves the right to order the work done, the cost of which shall be borne by the Swimming Pool Subcontractor. END OF SECTION 10/2002 SWIM COMPLEX FILTRATION/HEATING RENOVATION DIVISION 13 SECTION 13158 SWIMMING POOL ELECTRICAL PAGE 1 OF 16 SECTION 13158 - SWIMMING POOL ELECTRICAL PART 1 - GENERAL 1.01 WORK INCLUDED A. Provide labor, materials and equipment as required40 install the swimming pool electrical system including but not limited to: 1. A complete and operable system of service equipment, switchboards, panelboards, conduits, switches, time clocks and wiring for power, lighting and motor control centers. Junction and/or pull boxes, conduits, disconnects, starters, contactors, wiring and connection of all motors and mechanical equipment, including connection and wiring of line voltage controls associated with the mechanical systems. 2. 3. Complete grounding system as required and shown on the Drawings. r r 4. Testing and adjusting of the completed electrical system in the manner described herein. 5. Cleaning of all completed Work and installation adjustment of all trim and decorative items. 1.02 QUALITY ASSURANCE A. All Work of this Section shall be performed or supervised by the Swimming Pool Subcontractor. B. 1. The contractor / subcontractor for this portion of the Work shall have been successfully engaged in the respective trade for at least five (5) years immediately prior to commencement of this work, and shall demonstrate to the approval of the Owner’s Representative that his record of worlunanship is satisfactory. 2. For actual construction operations, use only thoroughly trained and experienced workers completely familiar with the materials and methods specified. 10/2002 SWIM COMPLEX FILTRATIONMEATING RENOVATION DIVISION 13 SECTION 13158 SWIMMING POOL ELECTRICAL PAGE 2 OF 16 3. Provide at least one person who shall be present at all times during execution of this portion of the Work and who shall be thoroughly familiar with the type of materials being installed, the referenced standards, and the requirements of this Work, and who shall direct all Work performed under this Section. C. Ordinances and Codes: Materials and construction shall conform with applicable sections of the: 1. National Electrical Code; Electrical Safety Orders of the State of California; Department of Industrial Relations; regulations of the State Fire Marshal; rules and regulations of the’ Board of Underwriters of the Pacific; and all applicable codes, ordinances, rules and regulations which apply to the construction. 2. In the event of conflict between the referenced codes, ordinances, Drawings and Specifications, the more stringent shall govern. Any changes required to the Drawings to conform with above mentioned “more stringent” requirement shall not be the cause for additional charges or claims by the Contractor. r r velif- .. D. 1. Before commencing Work the Contractor shall inspect the Project site and by submitting a bid for this work shall be deemed to have verified all existing conditions and accepted same as true and complete. 2. The Work under this Section has been indicated on the Drawings in locations which should allow installation without interfering with the Work of other trades; however, the locations are diagrammatic only and the exact finish location of equipment and materials cannot be indicated. Therefore, locations of all Work and equipment shall be verified to avoid interferences, preserve head room and keep openings and passageways clear. Changes shall be made in locations of equipment and materials which may be necessary to accomplish these purposes. 1. Motor driven equipment shall be tested for correct rotation and completion of all connections. 2. Wiring and connections shall be tested for continuity, shorts and improper grounds in accordance with the requirements of the National Electrical 10/2002 SWIM COMPLEX FILTRATION/HEATING RENOVATION DIVISION 13 SECTION 13158 SWIMMING POOL ELECTRICAL PAGE 3 OF 16 1.03 r- 1.04 Code. Receptacle outlets shall be tested for proper grounding. Repairs resulting from the tests or preliminary operation of the equipment shall be made at the Contractor's expense and shall not be the cause for additional charges or claims by the Contractor. 3. Required tests, in addition to those mentioned above, include but are not limited to: a. Ground resistance test. b. c. d. Service and feeder conductors insulation resistance. Motor controls and disconnecting devices. Such other tests as may be required by the Owner's Representative. F. Permits and Inspection: All permits shall be obtained and paid for by the Contractor. All inspections shall be arranged and applied for by the Contractor. Deliver all inspection certificates to the Owner's Representative prior to Final Completion of the work. All fees and charges shall be included in the original bid price and shall not be the cause for additional charges or claims by the Contractor. SUBMITTALS AND SUBSTITUTIONS A. Provide submittals in accordance with the requirements of Section 01330. Requests for substitution shall conform to requirements of Article 1.05 (A) of Section 13150. PRODUCT HANDLING A. Delivery: Deliver all materials to the Project Site in the manufacturer's original unopened containers with all labels intact and legible. B. Storage: Store all materials under cover in a manner to prevent damage and contamination, and store only the specified materials at the Project site. C. Protection: Use all means necessary to protect swimming pool electrical materials before, during, and after installation and to protect the installed Work of all other trades. D. Replacements: In the event of damage, immediately make all repairs and replace- ments necessary to the approval of the Owner's Representative and at no additional cost to the Owner. PART 2 - PRODUCTS r- 10/2002 SWIM COMPLEX FILTRATIONMEATING RENOVATION DIVISION 13 SECTION 13158 r SWIMMING POOL ELECTRICAL PAGE 4 OF 16 2.01 MATERIALS, GENERAL A. Materials shall be new, in unbroken packages and bear the U.L. label of approval. B. Equipment of one type shall be by same manufacturer. One type of equipment for classifications such as: 1. Switchboards, panels, buss duct, disconnect switches and allied items. f" 2. Conduit. 3. Wire. 4. Conduit fittings. 5. 6. Wiring devices. Fixtures of the same general type. 2.02 CONDUIT AND FITTINGS A. Conduit within or under buildings or where exposed outdoors shall be rigid threaded, hot dipped, galvanized, or U.L. approved plastic except where noted otherwise on the Drawings. Metallic conduit shall be of the same metal between outlets or terminals. B. Use flexible metallic conduit only for short connections of motors and where specifically called for on Drawings. Maximum length shall be 40". Use only liquid tight flexible metal conduit. Install an unbroken #12 AWG insulated copper grounding conductor in each liquid tight flexible conduit with permanent connection at motor junction box and service panel ground. C. Protect, before installation, metallic conduit runs in all slabs laid on grade or in contact with the earth or exposed in damp locations, with two (2) heavy coats of asphaltum rust-resisting compound. D. Encase conduits 2-1/2" or larger run underground, outside, or under buildings, in concrete envelopes a minimum of 3" thick, except as indicated otherwise on Drawings or stubouts. Conduits 2 and smaller laid 18" below finish surface in soil. E. Low voltage runs underground outside buildings, 1-1/4" or smaller, may be G.I. or sherardized steel conduit, with machine applied wrapping equal to double wrap or 10/2002 SWIM COMPLEX FILTRATIONlHEATING RENOVATION DIVISION 13 SWIMMING POOL ELECTRICAL SECTION 13158 PAGE 5 OF 16 Scotch-Wrap #50 tape, half lapped and quadrupled at joints in lieu of concrete encasement. F. Service conduits through foundations or concrete members shall run through metal sleeves with adequate clearances for full movement of the conduit. Do not run conduits through footings. G. Secure conduits run exposed on surfaces with one hole heavy-duty straps or fasten with matching fittings to inserts or trapezes, parallel to building walls and ceilings. H. Cap all conduit or duct stub-outs with standard factory caps; except cap threaded steel conduit with B.I. water pipe caps in outdoor locations. I. Use conduit fittings as manufactured by Crouse-Hinds Company, Appleton Electric Co., or approved equal. J. Employ U.L. liquid tight fittings for use with liquid tight flexible metal conduit. f' K. Use unions as manufactured by Appleton, 0-ZGedney, or approved equal. The use of running threads will not be permitted. L. Exposed conduit in chemical rooms shall be rigid NEMA 3R Type suitable for installation in corrosive atmospheres. 2.03 GROUNDING A. Bond together and ground to a common ground at a single point all metallic , conduit, piping systems, pool reinforcing steel, metal parts of ladders, lifeguard stands, handrails and their supports and the like. The bonding conductor shall not be smaller than #8 copper. 2.04 WIRING CONNECTIONS A. Make connections without strain on conductors, allowing the conductors to take a natural position after connections or taps are made. Include all strand of wire in making the connection. fnr wiru~~ hv .. B. 1. Make all taps or connections to conductors with compression type connectors except those smaller than #8 B&S gauge may have soldered connections. Solderless connections for #10 AWG or smaller may be used 10/2002 SWIM COMPLEX HLTRATIONMEATING RENOVATION DIVISION 13 SECTION 13158 SWIMMING POOL ELECTRICAL PAGE 6 OF 16 and shall be "Scotchlok", Buchanan, or approved equal. For #8 AWG or larger, they shall be T&B "LockTite", Burndy "Versitaps", or approved equal. 2. All cable or conductor terminal lugs shall be Burndy "Quicklug", Ilsco, or approved equal. Two piece stamped lugs and solder lugs will not be approved. 3. Paint taped splices in damp or outdoor locations with two (2) coats of insulating paint. 4. Tag all branch circuit wires with circuit .number at the panelboard and at each point of use with linen or plastic tags. 2.05 CONDUCTORS A. Copper FWW or THW. Do not make splices between boxes. 2.06 COLOR CODING f- A. Neutrals (identified conductors shall be white). €3. Phase conductors shall be red for phase B; blue for phase C. C. Green shall be used for mechanical equipment and receptacle grounds only. 2.07 MOTOR WIRING A. Make final connections to motors with the required AWG (Minimum #12), Flamenol machine tool wire, 19 strand. Control wiring for equipment shall be Flamenol machine tool wire, 19 strand of required AWG. Provide junction boxes at each item of equipment to change from standard building wiring to machine tool wire. B. Phase motors as proper in direction of rotation. 2.08 PANELBOARDS A. Panelboards shall be flush or surface mounting as indicated with circuit breakers as shown on panel schedule, hinged lockable doors, index card holders and proper bussing. f" B. Where indicated on the drawings, panelboards shall be furnished with subfeed i SWIM COMPLEX FILTRATIONlHEATING RENOVATION 10/2002 DIVISION 13 SWIMMING POOL ELECTRICAL SECTION 13158 PAGE 7 OF 16 r breakers andor lugs, split bussing, contractors, time switches, relays, etc., as required. C. All panelboards shall be keyed alike. D. All panelboards shall be finished with one coat of zinc chromate and coat of primer se$er after a thorough cleaning where exposed to public view (e.g., corridors, covered passages, offices, etc.) and gray in switchboard, janitor's heater and storage rooms. Prime coated panelboard shall be painted to match surroundings after installation. Panelboards shall be fabricated of sheet steel of the following minimum gauges: Doors and trim #12; enclosure - code gauge steel. ' E. Furnish all panelboards and terminal cabinets with Yale 46515 flush locks and LL806 keys except where indicated otherwise herein. Fasten the trim to panel boards and terminal cabinet by means of concealed, bolted or screwed fasteners accessible only when the door is open. F. Panelboards 208/120 volt, three phase, 4 wire, S/N or 120/240 volt, single phase, 3 wire, S/N. r' 1. 2. 3. SquareD .......... .Type NQoB Westinghouse ......... Type B 1OB General Electric or I.T.E. .. Type NLAB G. Panelboards for 480/277 volt, three panes, 4 wire, S/N. 1. 2. 4. Sylvania.. ......... TypeNHlB 5. I.T.E. ........... Type Approved Equal Westinghouse. ........ Type Pow-R-Line 2 General Electric ....... Type AE 3. SquareD ........... TypeNEHB H. Panelboard for bussing sizes thru 400 amp shall be 20" wide surface mounted type. Recess mounted type shall have a 20" wide (maximum) recess metal enclosure with trim plate cover extending 1" on all sides of enclosure. Depth shall be 5-314" nominal. Height of panel as required for devices. I. Provide 6" additional gutter space in all panels where double lugs are required, or where cable size exceeds bus size. Minimum bottom gutter space shall be 6" high. 10/2002 SWIM COMPLEX FILTRATIONEIEATING RENOVATION DIVISION 13 SECTION 13158 SWIMMING POOL ELECTRICAL PAGE 8 OF 16 12" additional gutter space may be required for aluminum feeders where used. J. Panelboards shown on the drawings with relays, time clocks or other control devices shall have a separate metal barriered compartment mounted above panel with separate hinged locking door to match panelboard. Provide mounting sub-base in cabinet for control devices and wiring terminal strips. K. Panelboard shall have a circuit index card holder removable type, with clear plastic cover. Index card shall have numbers imprinted to match circuit breaker numbers. 2.09 CIRCUlT BREAKERS A. Breakers shall have a minimum short circuit interrupting rating of 10,000A symmetrical for panelboard voltage thru 240 volt and 14000A for panelboards thru 600 volts or as specified on the drawings. In no case shall the interrupting rating be less than the bus withstand rating unless noted otherwise on the drawings. B. the -v are amqtahk 1. General Electric Company 2. Square D Company 3. Westinghouse Company 4. I.T.E. Company C. Circuit breakers shall be arranged in the panels so that the breakers of the proper trip settings and numbers correspond to the numbering in the panel schedules on the drawings. Circuit numbers of breakers shall be black-on-white micarta tabs or other previously approved method. Circuit number tabs which can readily be changed from front of panel will not be accepted. Circuit number tabs shall not be attached to or be a part of the breaker. D. Where two or three pole breakers occur in the panels, they shall be common trip units. Single pole breakers with tie-bar between handles will not be accepted. E. AU circuit breakers shall be padlockable in the "off" position. Locking facilities shall be riveted or mechanically attached to the circuit breaker (submit sample for approval). Other means of attachment shall not be accepted without prior written approval of Architect. F. Where branch circuit breakers supply the power to motors and signal systems, the 10/2002 SWIM COMPLEX FILTRATION/HEATING RENOVATION DIVISION 13 SECTION 13158 r SWIMMING POOL ELECTRICAL PAGE9 OF 16 breakers shall be furnished with lockout clips, mounted in the ''on'' position. The breakers shall be able to trip automatically with lockout clips in place. G. Panelboard circuit breakers shall be bolt-on type. 2.10 BUSSING A. Bussing shall be rectangular cross section copper, or full length silver or tin-plated aluminum. B. Bussing shall be braces to withstand symmetrical short circuit ratings as follows or as noted on drawings. In no case shall bus short circuit bracing be less than specified circuit breakers. C. Each panelboard shall be equipped with a ground bus secured to the interior of the enclosure. The bus shall have a separate lug for each ground conductor. No more than one conductor shall be installed per lug. 2.1 1 TERMINAL CABINETS r' A. Terminal cabinets shall be fabricated of code gauge sheet steel for flush mounting (except where noted a surface) of size indicated on the drawings, and complete with hinged lockable doors and the number of 2-way screw terminals required for termination of all conductors. Terminal cabinet locks to operated form same key used for panelboards. The trim to terminal cabinets shall be fastened by means of concealed bolted or screwed fasteners accessible behind door to terminal cabinets. Terminal cabinets shall have 5/8" plywood backing. Cabinets shall be finished with one coat of zinc chromate and one coat of primer sealer after a thorough cleaning where exposed to public view Prime coated cabinets shall be painted to match surroundings after installation. B. Provide engraved nameplate on each cabinet indicating its designation and system (i.e., Swimming Pool - Panel 'SP'). 2.12 MOTOR CONTROL INDIVIDUAL STARTERS A. 10/2002 1. Provide flush or surface mounting manual motor starters with number of poles and size of thermal overload heaters as required for the motor being controlled (equipped with overload heaters, one for each motor lead). Back boxes shall be supplied with all flush mounting starters whether they are toggle type requiring only a 4" square outlet box or the larger type requiring SWIM COMPLEX FILTRATIONkIEATING RENOVATION DIVISION 13 SECTION 13158 r f" (- SWIMMING POOL ELECTRICAL PAGE 10 OF 16 a special box and cover designed to accept the particular unit. 2. Unless otherwise noted on the drawings, all manual starters for single phase motors, smaller than 1 h.p., shall be the compact toggle type. Manual starters for all single phase motors, 1 to 5 h.p., and all three phase motors up to 5 h.p. shall be the heavy duty type. 3. Where manual motor starter is shown with pilot light, the pilot light shall be installed in a separate outlet box adjacent to the starter outlet, and engraved nameplate in indicate function of pilot light. 4. Single Phase Manufacturer 1 h.p. and Below Others Arrow Hart Type RL TYPeU General Electric CR 101 Class CR 1062 I.T.E. Class c10, Class c20 C11 or C12 Square D Company Class 25 10, Class 2510, Type A TypeB&C W es tinghouse Type MS Type A100 Allen Bradley Approved Equal Approved Equal B. 1. Magnetic motor starters shall be A.C. line voltage, across-the-line units in NEMA Type I enclosure, unless other types of enclosures are indicated. 2. All starters located outside of a building whether or not indicated shall be W.P. (weatherproof), and all starters noted W.P. shall be furnished in NEMA type 4 cast or stainless steel enclosures. 3. Starter shall be horsepower rated for the motor controlled, and shall be equipped with properly sized overload elements. Every pole shall be with overload element. 4. , Verify the exact motor current and voltage characteristics' with the Contractor supplying the motor before installation of a starter. 5. Each starter shall be equipped with "Hand-Off-Auto" switch or stop-start pushbutton as required. 10/2002 SWIM COMPLEX FILTRATIONkIEATING RENOVATION DIVISION 13 SECTION 13158 SWIMMING POOL ELECTRICAL PAGE 11 OF 16 6. Coils shall be designed to operate on voltage indicated on control diagrams and have built-in-under the voltage release for coil circuit to drop motor starter off the line when the line voltage drops below normal operating voltage. 7. 8. The coil control circuit shall be independently fused, sized to protect coil. Starters to be equipped with running pilot light indication with a "Push-to- Test" feature. Magnetic starters shall have a minimum of two auxiliary contacts. Additional auxiliary contacts shall be provided as required to comply with the requirements of the wiring diagrams on the electrical and mechanical drawings and the description of the function in the Mechanical Section of the Specifications. 9. 10. Minimum starter size shall be NEMA size I unless indicated otherwise. 11. l"hefd.h&c@ Manufacturer Type r f" General Electric Class CR 106 I.T.E. Class A20 Square D Company Class 8536 Wes tinghouse Type A200 (Size 4 Max.) or Class 11-200 (Sizes 5-8) 2.13 INDIVIDUAL COMBINATION MOTOR STARTERS A. Combination starter shall incorporate fused disconnect switch and individual magnetic motor starter in a common enclosure. Combination starters shall be mounted in general purpose enclosures unless otherwise indicated on the plans. Starters shall comply with NEMA standards, size and horsepower as indicated on drawings General Electric, Square D, Westinghouse or I.T.E. B. The disconnect handle used on combination starters shall control the disconnect device with the door opened or closed. The disconnect handle shall be clearly marked as to whether the disconnect device is "ON" or "OFF", and shall include a two-color handle grip, the black side visible in the "OFF" position indicating a safe condition, and the red side visible in the "ON" position indicating an unsafe or danger condition. C. All starters used in combination starters shall be manufactured in accordance with 1012002 SWIM COMPLEX FILTRATIONlHEATING RENOVATION DIVISION 13 SECTION 13158 SWIMMING POOL ELECTRICAL PAGE 12 OF 16 r r' the latest published NEMA standards, sizes, and horsepower ratings. These starters shall be furnished with three melting alloy type thermal overload relays. D. Thermal units shall be of one-piece construction and interchangeable. The starter shall be inoperative if a thermal unit is removed. 2.14 MOTOR CONTROL ZNTERLOCKS AND CONTROL DEVICES A. Refer to mechanical and plumbing drawings and specifications and provide all control devices including timeswitches, relays and interconnection of starters of required. B. . Mount all relays and timeswitches in a separate compartment in motor control center unless otherwise indicated. C. Whether shown on mechanical and plumbing drawings or control center schedules or not, where motors are controlled by external devices (i.e., thermostats, relays, float or pressure switches, etc.) or interlocked with other motors, each motor starter to be equipped with a "Hand-Off-Auto" selector switch in starter cover. Other starters equipped with a "Start'Stop" pushbutton station in starter cover. 2.15 FUSES 2.16 A. Fuses shall be dual element, current limiting type, U.L. Class RK5 unless otherwise indicated on the drawings. Provide one spare set of fuses of each size and type in each motor control center. TIME CLOCKS A. Time clocks shall be provided for all underwater lighting systems and swimming pool circulation pumps not controlled by filter microprocessors. B. Contacts shall have a minimum rating of 40 amperes at 277V. C. Timing motor shall be heavy duty synchronous, self starting, high torque type, and shall be rated at 120,208,240,277 volt 60 Hz. D. Motor shall operate normally at temperature range of -60 degrees Fahrenheit to +120 degrees Fahrenheit. E. Dial shall be 3" diameter, clearly calibrated with dayhight zones and 24 hour rotation, with gear to provide one revolution yearly which automatically varies the odoff settings each day according to seasonal changes. Day and month of the 10/2002 SWIM COMPLEX FILTRATIONlHEATING RENOVATION DIVISION 13 SECTION 1 3 15 8 (4 SWIMMING POOL ELECTRICAL PAGE 13 OF 16 year shall show clearly through calendar window on the dial. F. Time clocks shall be equipped with 7-spoke omitting wheel marked with days of the week. G. Time clocks shall be housed in a flush enclosure where supply circuits emanate from a flush mounted panelboard and surface enclosure when supply circuits are from a surface mounted panel. H. Acceptable manufacturers are Tork, Paragon, or approved equal. 2.17 GROUND FAULT CIRCUIT INTERRUPTERS A. Minimum rating shall be 20 amperes, 125V, 5 milliampere trip setting, Class A per UL943. B. Manufacturer to be Crouse-Hinds, Leviton, or approved equal. 2.18 BOXES r A. Boxes shall be of the size required by ordinances or larger, and of pressed galvanized code gauge steel where concealed or exposed on ceilings. Exposed boxes on walls below 7'6" shall be cast steel similar to "FA" condulets. B. Outlets to be surface where wiring is exposed and flush in areas where conduit is concealed. C. Provide surface outlets with proper galvanized steel surface cover. Box and cover shall be deep enough to provide at least 1/4" clearance between back of device and back of box. Where box contains more than one device, use proper gang box with proper cover. Surface outlet boxes shall be of the threaded hub type wherever below 8'0". D. Provide exposed junction boxes with proper flat blank galvanized cover. If necessary for cable installation, additional pull boxes or junction boxes may be installed in accessible locations. r E. Where pull boxes larger than outlet boxes are required, galvanized code gauge sheet steel boxes may be used with covers attached by brass machine screws. Boxes exposed to the weather shall be approved for the purpose, and conduit entrances shall be on the bottom made by means of an interchangeable hub with gasket and adapter nut. Pull boxes not shown on Drawings may be added only after approval of size and location is obtained. 10/2002 SWIM COMPLEX FILTRATIONMEATING RENOVATION DIVISION 13 SECTION 13158 SWIMMING POOL ELECTRICAL PAGE 14 OF 16 F. For outlets exposed to weather or where noted, cast outlet boxes shall be Crouse- Hinds, Appleton, or approved equal. Boxes shall have proper number and size hubs. Device plates, covers, adapters and boxes shall be as manufactured by Crouse-Hinds, Appleton, or approved equal. G. Exposed junction boxes, outlet boxes and pull boxes for pool chemical rooms shall be NEMA 3R type suitable for corrosive atmosphere, non-metallic. 2.19 IDENTIFICATION MARKINGS A. Plainly mark all motor and electrical appliance control equipment indicating the equipment controlled with engraved metal tags. B. Provide laminated plastic nameplates on panelboards on the outside of the door at the top indicating panel designation and feeder source. C. Provide laminated plastic nameplates on distribution switchboards and motor control centers at the top center indicating panel designation and feeder source. D. Identify each distribution switchboard and motor control center circuit breaker with a laminated plastic nameplate indicating its' use. E. Type panelboard directories on the forms provided with the equipment, indicating the use of each branch circuit breaker. F. Fasten all laminated plastic nameplates to surfaces with two (2) or more screws. PART 3 - EXECUTION 3.01 INSPECTION A. Verify conditions at the Project site before submitting bid. Be responsible for providing all necessary wiring for the new electrical systems. Wherever wiring is being disrupted due to remodeling or changes, reconnect existing and provide new wiring circuits to accomplish a fully operable system at no additional cost to the Owner. 3.02 COORDINATION A. The Drawings are essentially diagrammatic and indicate the desired location, size, routes, connection points, etc., and are to followed as closely as possible. Proper judgment must be exercised in executing the Work so as to provide the best 10/2002 SWIM COMPLEX FILTRATIONlHEATING RENOVATION f" f- DIVISION 13 SECTION 13158 SWIMMING POOL ELECTRICAL PAGE 15 OF 16 possible installation in the available space and to overcome difficulties, limitations or interference wherever encountered. Be responsible for the correct placement of this Work, the proper location and connection in relation to Work of other trades, for determining the exact location of all conduits, outlets and equipment, and for installing the conduits in such a manner as to conform to the structure, avoid obstruction, preserve headroom and keep openings and passageways clear. Particular attention is directed to the close coordination required on exposed Work. Locations shown on Architectural or Mechanical Drawings if different than those shown on Electrical Drawings should be communicated to the Owner's Representative in writing for clarification. 3.03 INSTALLATION A. 1. Conduit and metallic raceway systems shall be mechanically and electrically continuous from sources of current to all outlets in a manner to provide a continuous grounding path. Close ends of conduit during construction to prevent entrance of dirt or moisture. 2. Securely fasten conduit to the building construction within three feet of each outlet and within every ten feet thereafter. Secure it to boxes, cabinets, pull boxes, terminals with two locknuts and ends equipped with bushings or a terminal fitting. Cut square with ends carefully reamed. 3. Make bends or elbows so that the conduit will not be injured or flattened. 4. Use insulated metallic bushings in all places where bushings are required. 5. Run exposed conduits level or plumb and parallel to the construction members of the building. No cutting across or diagonal runs will be permitted. Neatly surmount structural obstructions encountered on conduit runs by the use of fittings or pull boxes. 6. Identify feeder conduits by stamped metal tags secured to exposed section of conduit in main or sub-panels. 7. Make up all threaded conduit joints gas and watertight with conductive sealer except conduit above ground in dry indoor locations. 8. Rigidly support all boxes independently of the conduit system. ' B. 10/2002 SWIM COMPLEX FILTRATIONlHEATING RENOVATION DIVISION 13 SECTION 13 158 r SWIMMING POOL ELECTRICAL PAGE 16 OF 16 r r- 1. Fully connect, in an approved manner, all electrical outlets, apparatus, motors, equipment, fixtures, wiring devices and appliances whether they are installed under the Electrical Contract or not, which require electrical connections, to the corresponding electrical system outlet. 2. Where the Work of this Section requires connections to be made to equipment that is furnished and set-in-place under other Sections, obtain such roughing-in dimensions from the manufacturer or supplier of each item as required and assume full responsibility for the installation of the connections thereto. 3.04 ADJUSTMENT AND CLEAN-UP A. Preliminary Operation: Should the Owner’s Representative deem it necessary to operate the electrical installation or any part thereof prior to Substantial Completion of the Work, consent to such preliminary operation and supervise conduction of same. Subcontractor shall pay all costs occasioned by such operation. Preliminary operation shall not be construed as an acceptance of any Work installed under this Contract. B. Clean-up: Upon completion of the Work of this Section, immediately remove all swimming pool electrical materials, debris and rubbish occasioned by this Work to the approval of the Owner’s Representative. END OF SECTION 10/2002 SWIM COMPLEX FILTRATIONEIEATING RENOVATION