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HomeMy WebLinkAboutEnovity Inc; 2013-06-25; PEM1014PEM1014 AGREEIVIENT FOR COMMISSIONING (CxA) AND TEST AND BALANCE (TAB) PROFESSIONAL SERVICES (ENOVITY, INC.) THjS AGREEMENT is made and entered into as of the e3,5^ day of vTc^n^ , 20j3, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and ENOVITY, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a Commissioning (CxA) and Test and Balance (TAB) professional services firm that is experienced in commissioning, test and balance services. B. Contractor has the necessary experience in providing professional services and advice related to commissioning and test and balance. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be thirty two thousand two hundred four dollars ($32,204). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 1/30/13 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election. City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VH". OR City Attorney Approved Version 1/30/13 with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability, (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liabilitv. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. I I If box is checked. Professional Liability City's Initials Contractor's Initials Insurance requirement is waived. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to City Attorney Approved Version 1/30/13 maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11- BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name David Hauser Name Tim Chin, CEM, LEED AP Title Director Title Director, Southern California Property and Environmental Department Management Address 26 Executive Park, Suite 170 City of Carlsbad Irvine, CA 92614 Address 1635 Faraday Avenue Phone No. 888 900 9978 ext 2701 Carlsbad, CA 92008 Email tchin@enovity.com Phone No. 760 602 2739 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. City Attorney Approved Version 1/30/13 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware ofthe requirements ofthe Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19- DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be fon/varded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee City Attorney Approved Version 1/30/13 payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or othenA/ise recover, the full amount ofthe fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seg.. the False Claims Act applies to this Agreement and, 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 information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /// /// City Attorney Approved Version 1/30/13 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in . it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR ENOVITY, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: / J (print name/titleX) j jt^Managor or Mayor or Divioion-Dirooto(\un////^ as authorized by the City ManagervN^^o\,SB/\o% ATTEST: BARBARA ENGLESON (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney Assistant City^ttoljney City Attorney Approved Version 1/30/13 ^ Stafe of Caiifomia ^ ^l/t2.^£f^^ Wore n^. i^eiu^Z^rm^ KJL ^^otan/public, personally ap.g,Bmi ^t^^^ O^Mihjkm C^^^h^h^ to ,v.e on tha 'b^ls of satisfactory m^dence to U tfie person® wiioss mm{€) Wm:& sybscribed to tbe wifliln instrument S and acKiiowkdged to ma trnt hs/ste/th^y executed tte || same in tm/tm/thek authorfeed capacily(legX and that .| ' hy hk/mr/thmr S!gnature{s) oa the •instniment ths | / \ ,1 . .a. i .I . „ „ ^ . , Is. IRA KOMAROVSKA ? COMM. # 1912701 2 NOTARY PUBLIC - CALIFORNIA") SAN FRANCISCO COUNTY 0 COMM. EXPIRE.S NOV. 8, 2014 WITNESS my-imm md official sd!. "tlie mtoatioji below lfovi^w©i;itm85?|5ixi^:valy^ ottiijs form to an unautiiorized docum-ent ' * . - ^ T.ITI.E(S) • qoRPOR^irBprncEH • PARTNEK(S) n ATTORHEY'rf^-m.CT- Q TRUSTEECS) • ovAmtAWcomBmAioR NAME OP PERSOK^S) OR EMTfTY(lBS) TltL^ OR TYPE OF DOCOMBWT U~ NUMBER OFPAGES DATE OF DOCUMENT mmt IHUMBPRINT OF SIGNER Exhibit "A" Project Commissioning - TAB and Commissioning Agent (CxA) Responsibilities and Scope Alga Norte Community Park - CIP # 3837 & 3925 The City of Carlsbad (the "City") intends to award a contract for commissioning services for the Alga Norte Community Park Phase I project (the "Alga Norte Community Park Project" or more simply the "Project") located in the City of Carlsbad. Project Description The City of Carlsbad is located about 35 miles north of the City of San Diego on the Southern California coast, where a great climate, beautiful beaches, lagoons, and abundant natural open space, combine with world class resorts, family attractions, well-planned neighborhoods, a diverse business sector and a charming village atmosphere combine to create the ideal California experience. Covering nearly 42-square miles, the City of Carlsbad is approaching build out and is currently home to nearly 107,000 residents. Alga Norte Community Park will be located in the southeast part of the City and when completed will be the second-largest park in the City's parks system. This Project consists of a 32.1 acre park, including an aquatics center (with a 25 meter pool, a 56 meter Competition pool, a spa and a play pool), administrative offices, pool equipment building, community center, a skate park, a dog park, 3 ball fields, basketball courts, parking, large playground, picnic areas, maintenance building and general landscaping. As-built drawings of this work shall be provided for reference only. Commissioning The Commissioning (Cx) Scope of work will comply with the following requirements: • CAL Green Code - California Green Building Standards Code, CCR, Title 24, Part 11. (Code sections 5.410.2 thru 5.410.2.6). Although the project is not required to conform to these code requirements due to the project permit date, the City wishes to obtain the benefits of the Cx process. Note: The CxA is not responsible for project administration, design concept, design criteria, compliance with codes, design or general construction scheduling, cost estimating, achievement of design capacities, or construction management. The CxA may assist with problem-solving, non-conformance or deficiencies, but ultimately that responsibility resides with the Design Build (DB) contractor. The primary role of the CxA is to develop and coordinate the execution of a commissioning plan, observe and document performance that systems are functioning in accordance with the documented design intent and in accordance with the Contract Documents. The Contractors will provide all tools or the use of tools to start, check-out and functionally test equipment and systems, except for specified information gathering with portable data-loggers, which shall be supplied and installed by the CxA. The following are included in the Commissioning scope: • Administrative offices • Pool equipment building • Pool Building with concession stand and meeting room The following Systems are included in the Cx Scope: • HVAC Systems and Controls, including: o 4 Roof top mounted AC systems - serving office and concession stand spaces Exhibit "A" Project Commissioning - TAB and Commissioning Agent (CxA) Responsibilities and Scope Alga Norte Community Park - CIP # 3837 & 3925 o 2 100% outside air heating and ventilation units - serving the locker/shower rooms o Chlorine room exhaust fan • Pool Heating, water filtration/chemical treatment and filtration system, including: o 1- 50 hp circulating pump for the competition pool, with VFD controls o 1-15 hp circulating pump for the instructional pool with VFD controls o 1- 5 hp circulating pump for the hydrotherapy spa with VFD controls o 1 - 7 hp jet pump for the hydrotherapy spa o 1 -3 hp circulating pump for the wet play pool o 1 - 3 hp booster pump for the wet play pool o Numerous pool chemistry controls and pumps, including' • Liquid Chlorine chemical • Liquid Acid chemical • Dry chemical systems • C02 System • BCSYS System 7 controller o Pool Heaters - Indirect and direct heaters for each pool o Ultra-Violet filtration systems o Sand Filtrations systems - each pool o PA System for aquatic complex o Underwater lighting controls • Solar Power System • Indoor/Outdoor Lighting systems and controls, including: o Low voltage lighting systems - interior o LED exterior lighting controls o Sports lighting for baseball, basketball and skate park areas • SCADA for electrical system The CxA shall perform the following functions: 1. Coordinates and directs the commissioning activities in a logical, sequential and efficient manner using consistent protocols and forms, centralized documentation, clear and regular communications and consultations with all necessary parties, frequently updated timelines and schedules and technical expertise. 2. The development of The Owner's Project Requirements (OPR) documents and the Basis of Design (BOD) are the responsibility of the Owner, Project Architect and the Design/Build Contractor(s). CxA will assist and facilitate their development in order to comply with the applicable Cx requirements. 3. Develop input to the design team which describes commissioning measures or requirements to be included in the construction documents (specs and plans). The commissioning specifications will include the following: a. Specific testing requirements by system b. Facility staff training requirements c. O&M manual review and approval procedures d. System's manual development requirements Develop and revise, as necessary, the project Commissioning Plan. Exhibit "A" Project Commissioning - TAB and Commissioning Agent (CxA) Responsibilities and Scope Alga Norte Community Park - CIP # 3837 & 3925 4. Coordinate the commissioning work and, with the DB contractor, ensure that commissioning activities are being scheduled into the master schedule. 5. Plan and conduct a commissioning kick-off meeting with the DB contractor, Owner and subs to discuss the Cx requirements and Project Team member's responsibilities. 6. Perform site visits, as necessary, to observe component and system installations. Attend selected planning and job-site meetings to obtain information on construction progress. 7. Approve systems startup by reviewing start-up reports and by selected site observation. 8. Review water balancing reports to verify that contract requirements have been met. Provide comments to the City. 9. Review water systems balancing by reviewing draft and or completed reports. Perform site observations of a representative sample of TAB. 10. Receive and review project submittals concurrently with Design engineers. 11. With necessary assistance and review from installing contractors, develop the functional performance test procedures. Submit to City for review and approval. 12. Direct, coordinate, witness and approve functional performance tests (FPT's) performed by installing contractors. Coordinate retesting as necessary until satisfactory performance is achieved. Commissioning costs for re-testing systems are considered a Change Order and will be the responsibility of the Design/Builder. 13. Maintain a Cx Issues log containing deficiencies and resolution. Provide the City with written progress reports (e.g., Cx meeting minutes, action items, and Cx issues log) with recommended actions. 14. The CxA will review and comment on the training agendas provided by the DB and Subs and verify that training agenda requirements of the Contract Documents have been met. 15. Compile and maintain a Cx Record which includes completed FPTs, Cx Plan, the Systems Manual, Cx Report, and documentation of any other Cx deliverables. 16. Review the final O&M manuals. 17. Provide a final commissioning report which summarizes FPT deficiencies, and recommendations. 18. Develop/compile a System Manual for the Building Operators to use that will contain the following information provided by various project team members; • Site information, including facility description and utility providers • Final version of the OPR and BOD (by design engineers) • System single line drawings (by design engineers) Exhibit "A" Project Commissioning - TAB and Commissioning Agent (CxA) Responsibilities and Scope Alga Norte Community Park - CIP # 3837 & 3925 • Record Sequences of Operation and control point lists (from various subcontractors) • Program listing for DDC system including parameter lists for each programmable device and VFC (control subcontractor). • Operating instructions for integrated building systems (by various Original Equipment Manufacturers (OEM) and design engineers) • Site equipment inventory • Recommended schedule of maintenance (by OEMs) • Recommended Re-Commissioning schedule and tests (by CxA) • Recommended Schedule for calibration of sensors and actuators (by OEMs) Testing and Balancing Provide the scope of services described in current project specifications Section 15020 (included). These services will be an Owner Direct item and not provided by the Mechanical subcontractor or the GC. Exhibit "A" Project Commissioning - TAB and Commissioning Agent (CxA) Responsibilities and Scope Alga Norte Community Park - CIP # 3837 & 3925 SECTION 15020 - TESTING, ADJUSTING, AND BALANCING (HVAC) GENERAL RELATED DOCUMENTS All Division 15 specification sections, drawings, and general provisions ofthe Contract apply to work of this section, as do other documents referred to in this section. SCOPE OF WORK The Owner will contract with an independent Testing, Adjusting and Balancing Agency (hereinafter referred to as "TAB Agency" or "Agency") to test, adjust, and balance the HVAC systems. Reporting: The TAB Agency is required to report to the Owner on all communication relating to the review, inspection, status, or progress of the mechanical installation and related balancing work. The work included in this section consists of furnishing labor, instruments and tools required in testing, adjusting and balancing the HVAC systems, as described in these specifications or shown on accompanying drawings. Services shall include checking equipment performance, taking the specified measurements, and recording and reporting the results. As part of the work of this Contract, the Mechanical Contractor shall make any changes in the pulleys, belts and dampers, or the addition of dampers required for corrected balance, as recommended by the TAB Agency, at no additional cost to the Owner. The Contractor shall furnish the necessary labor to assist the TAB Agency to complete its work. The items requiring testing, adjusting and balancing include the following: Air Systems: Packaged Rooftop A/C Units. Make-up Air Units. 100% outside air ventilation and heating systems Exhaust fans Zone Branch and Main Ducts. Diffusers, Registers and Grilles. DEFINITIONS, REFERENCES AND STANDARDS All work shall be in accordance with the latest edition of the AABC National Standards. If the Contract Documents set forth more stringent requirements than the AABC National Standards, the Contract Documents shall prevail. QUALIFICATIONS Agency Qualifications: The TAB Agency shall be a current member of the Associated Air Balance Council (AABC). A National Environmental Balancing Bureau (NEBB) Exhibit "A" Project Commissioning - TAB and Commissioning Agent (CxA) Responsibilities and Scope Alga Norte Community Park - CIP # 3837 & 3925 certified contractor may perform this work if he has prior approval by the Engineer. EXTENDED WARRANTY The TAB Agency shall include an extended warranty (in addition to the one year guarantee period) of 90 days after completion for resetting of any outlet, supply air fan or exhaust fan as listed in the test report. The Agency shall provide technicians to assist the Engineer in making any tests he may require during this period of time. SUBMITTALS Qualifications: The TAB Agency shall submit a company resume listing personnel and project experience in air system balancing and a copy of its Test and Balance Engineer (TBE) certificate. Procedures and Agenda: The TAB Agency shall submit the TAB procedures and agenda proposed to be used. Sample Forms: The TAB Agency shall submit sample forms that shall include the minimum data required by the AABC National Standards. TAB PREPARATION AND COORDINATION Shop drawings, submittal data, up-to-date revisions, change orders, and other data required for planning, preparation, and execution of the TAB work shall be provided to the TAB Agency no later than 30 days prior to the start of TAB work. System installation and equipment startup shall be complete prior to the TAB Agency being notified to begin. The building control system shall be complete and operational. The Contractor shall install all necessary computers and computer programs, and make them operational. Assistance shall be provided as required for reprogramming, coordination, and problem resolution. All test points, balancing devices, identification tags, etc., shall be accessible and clear of insulation and other obstructions that would impede TAB procedures. Qualified installation or startup personnel shall be readily available for the operation and adjustment of the systems. Assistance shall be provided as required for coordination and problem resolution. REPORTS Final TAB Report: The TAB Agency shall submit the final TAB report for review by the Owner. All outlets, devices, HVAC equipment, etc., shall be identified, along with a numbering system corresponding to report unit identification. The Agency shall submit Exhibit "A" Project Commissioning - TAB and Commissioning Agent (CxA) Responsibilities and Scope Alga Norte Community Park - CIP # 3837 & 3925 an AABC "National Project Performance Guaranty" assuring that the project systems were tested, adjusted and balanced in accordance with the project specifications and AABC National Standards. Submit five copies of the final TAB Report. DEFICIENCIES Any deficiencies in the installation or performance of a system or component observed by the TAB Agency shall be brought to the attention ofthe Owner. The work necessary to correct items on the deficiency listing shall be performed and verified by the affected contractor before the TAB Agency returns to retest. Unresolved deficiencies shall be noted in the final report. PRODUCTS INSTRUMENTATION All instruments used for measurements shall be accurate and calibrated. Calibration and maintenance of all instruments shall be in accordance with the requirements of AABC National Standards. EXECUTION GENERAL The specified systems shall be reviewed and inspected for conformance to design documents. Testing, adjusting and balancing on each identified system shall be performed. The accuracy of measurements shall be in accordance with AABC National Standards. Adjustment tolerances shall bQ 10% unless othenA/ise stated. Equipment settings, including manual damper quadrant positions, manual valve indicators, fan speed control levers, and similar controls and devices, shall be marked to show final settings. All information necessary to complete a proper TAB project and report shall be per AABC Standards unless otherwise noted. The descriptions for work required, as listed in this section, are a guide to the minimum information needed. AIR SYSTEMS The TAB Agency shall verify that all ductwork, dampers, grilles, registers and diffusers have been installed per design and set in the full open position. The Agency shall perform the following TAB procedures in accordance with the AABC National Standards: Exhibit "A" Project Commissioning - TAB and Commissioning Agent (CxA) Responsibilities and Scope Alga Norte Community Park - CIP # 3837 & 3925 Supply Fans: Fan Speeds: Test and adjust fan RPM to achieve maximum or design CFM. Current and Voltage: Test and record motor voltage and amperage, and compare data with the nameplate limits to ensure fan motor is not in or above the service factor. Pitot-Tube Traverse: Perform a pitot-tube traverse of main supply and return ducts as applicable, to obtain total CFM. Outside Air: Test and adjust the outside air on applicable equipment, using a pitot-tube traverse. If a traverse is not practical, use the mixed-air temperature method if the inside and outside temperature difference is at least 20EF, or use the difference between pitot-tube traverses of the supply and return air ducts. Static Pressure: Test and record system static profile of each supply fan. Exhaust Fans: Fan Speeds: Test and adjust fan RPM to achieve maximum or design CFM. Current and Voltage: Test and record motor voltage and amperage, and compare data with the nameplate limits to ensure motor is not in or above the service factor. Pitot-Tube Traverse: Perform a pitot-tube traverse of main exhaust ducts to obtain total CFM. Static Pressure: Test and record system static profile of each exhaust fan. Zone, Branch and Main Ducts: Adjust ducts to within design CFM requirements. As applicable, at least one zone balancing damper shall be completely open. Multi- diffuser branch ducts shall have at least one outlet or inlet volume damper completely open. Diffusers, Registers and Grilles: Tolerances: Test, adjust, and balance each diffuser, grille and register to within 10% of design requirements. Minimize drafts. Identification: Identify the type, location, and size of each grille, diffuser and register. This information shall be recorded on air outlet data sheets. ADDITIONAL TAB AGENCY SERVICES The TAB Agency shall provide the following additional services: Duct Leakage Testing: The installing contractor shall isolate and seal sections of ductwork for testing. The test pressures required and the amount of duct to be tested shall be described by the Engineer in the appropriate duct classification section. All testing shall be based on one test per section only, unless otherwise noted. Temperature Testing: To verify system control and operation, a series of three temperature tests shall be taken at approximately two-hour intervals in each separately controlled zone. The resulting temperatures shall not vary more than 2°F from the thermostat or control setpoint during the tests. Outside temperature and humidity shall also be recorded during the testing periods. TAB Report Verification: At the time of final inspection, the TAB Agency may be required to recheck, in the presence of the Owner's representative, specific or random selections of data recorded in the certified report. Points and areas for Exhibit "A" Project Commissioning - TAB and Commissioning Agent (CxA) Responsibilities and Scope Alga Norte Community Park - CIP # 3837 & 3925 recheck shall be selected by the Owner's representative. Measurements and test procedures shall be the same as approved for the initial work for the certified report. Selections for recheck, specific plus random, will not exceed 10% of the total number tabulated in the report. Building/Zone Pressurization: The TAB Agency shall test and adjust building/zone pressurization by setting the design flows to meet the required flow direction and pressure differential. For positive pressure areas, the Agency shall set the supply air to design flow, and gradually reduce the exhaust air rate to obtain the required flow or pressure difference. For negative pressure areas, the Agency shall set the supply air to design flow, and gradually increase the exhaust air rate to obtain the required flow or pressure difference. Sound Testing: The TAB Agency shall conduct sound testing in the following areas per AABC National Standards and to the criteria listed, using sound meter with octave band analyzer: Test Area Number of Locations NO Level Acceptable General Offices 0 30-35 Executive Offices 0 25-30 Computer / Equipment Rooms 0 40-45 END OF SECTION 15020