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Seaside Heating and Air Conditioning Inc; 2007-11-09; FAC 07-01R
RECORDED REQUESTED BY CITY OF CARLSBAD Vfr AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2008-0365051 JUL08, 2008 4:15 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 0.00 PAGES: Space above this line for Recorder's use. PARCEL NO: 2090502600 NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on April 23, 2008. 6. The name of the contractor for such work or improvement is Seaside Heating and Air Conditioning, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: HVAC Controls Upgrade at the Safety Center, Agreement Number FAC 07-01R. 8. The street address of said property is 2560 Orion Way, Carlsbad, California 92008. CITY OF CARLSBAD Greg Clavier Public Works Manager VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Vfllage Drive, Carlsbad, California, 92008; the Mayor of said City on /Xu/Le /£) 200 %. accepted the above described work as completed and ordered that a^fotice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed Q\L/Y{t4_0 /"•*• • 2°j2JL at Carlsbad, California. /' CIT>?OfcCARL .tiIt Ifi. . _ AB 19,460 RESO 2008-154 ^eTX'iM^V-^ /LORRAltfFM. WO^D\ City Cleii/ Word\Masters\Forms\Notice of Completion (City)3/9/98 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL, AND TECHNICAL PROVISIONS FOR HVAC CONTROLS UPGRADE AT THE SAFETY CENTER CONTRACT NO. FAC 07-01R BID NO. PWS08-02FAC Revised 11/01/06 Contract No. FAC 07-01R Page 1 of 85 Pages TABLE OF CONTENTS Item Page 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 Subcontractors" Form 16 Designation of Subcontractor and Amount of Subcontractor's Bid Items 18 Bidder's Statement of Technical Ability and Experience 19 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 20 Bidder's Statement of Re Debarment 21 Bidder's Disclosure of Discipline Record 22 Non-Collusion Affidavit to Be Executed by Bidder and Submitted with Bid 24 Contract Public Works 25 Labor and Materials Bond 31 Faithful Performance/Warranty Bond 33 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 35 Revised 11/01/06 Contract No. FAC 07-01R Page 2 of 85 Pages GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 38 1-2 Definitions 39 1-3 Abbreviations 43 1-4 Units of Measure 46 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract 48 2-2 Assignment 48 2-3 Subcontracts 48 2-4 Contract Bonds 49 2-5 Plans and Specifications 50 2-6 Workto be Done 54 2-8 Right-of-Way 54 2-10 Authority of Board and Engineer 54 2-11 Inspection 55 Section 3 Changes in Work 3-1 Changes Requested by the Contractor 55 3-2 Changes Initiated by the Agency 55 3-3 Extra Work 56 3-4 Changed Conditions 59 3-5 Disputed Work 60 Section 4 Control of Materials 4-1 Materials and Workmanship 63 4-2 Materials Transportation, Handling and Storage 66 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work 67 6-2 Prosecution of Work 70 6-3 Suspension of Work 71 6-4 Default by Contractor 71 6-5 Termination of Contract 72 6-6 Delays and Extensions of Time 72 6-7 Time of Completion 73 6-8 Completion, Acceptance, and Warranty 73 6-9 Liquidated Damages 74 6-10 Use of Improvement During Construction 74 Revised 11/01/06 Contract No. FAC 07-01R Page 3 of 85 Pages Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities 74 7-2 Labor 74 7-3 Liability Insurance 75 7-4 Workers'Compensation Insurance 75 7-5 Permits 76 7-6 The Contractor's Representative 76 7-7 Cooperation and Collateral Work 76 7-8 Project Site Maintenance 77 7-9 Protection and Restoration of Existing Improvements 78 7-10 Public Convenience and Safety 78 7-11 Patent Fees or Royalties 80 7-12 Advertising 80 7-13 Laws to be Observed 81 7-14 Antitrust Claims 81 Section 8 Facilities for Agency Personnel 8-1 General 81 8-2 Field Office Facilities 82 Section 9 Measurement and Payment 9-2 Lump Sum Work 82 9-3 Payment 82 oRevised 11/01/06 Contract No. FAC 07-01R Page 4 of 85 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON AUGUST 21, 2007, 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 floor lobby, at which time they will be opened and read, for performing the work as follows: Upgrade the HVAC Control System at the Safety Center HVAC CONTROLS UPGRADE AT THE SAFETY CENTER CONTRACT NO. FAC 07-01R BID NO. PWS08-02FAC INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General 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. 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 (10) 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 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. 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 General Services Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction. Sections 2 & 3. 2006 Edition, and the 2007 supplement thereto, all hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association, as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. Revised 11/01/06 Contract No. FAC 07-01R Page 5 of 85 Pages The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. BID DOCUMENTS The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. 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. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits -(optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $200.000. TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES 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: C-20. ESCROW AGREEMENT 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. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various 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 $35.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. Revised 11/01/06 Contract No. FAC 07-01R Page 6 of 85 Pages INTENT OF PLANS AND SPECIFICATIONS 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. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID 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 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. PRE BID MEETING A MANDATORY pre-bid meeting and tour of the project site will be held at 9:30 am on August 7, 2007 the Safety Center located at 2560 Orion Way in the City of Carlsbad. Any bidder that does not attend the mandatory pre-bid meeting will have their bid returned unopened. UNIT PRICES AND COMPUTATION OF BIDS 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 in 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. ADDENDUMS 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. Revised 11/01/06 Contract No. FAC 07-01R Page 7 of 85 Pages BOND AND INSURANCE REQUIREMENTS 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 one hundred percent (100%) of the total amount payable by the terms of the contract. 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 General 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. 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-:VII 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. 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 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. BUSINESS LICENSE 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. 2007-140, adopted on the 19™ day of June, 2007. July 10. 2007 Date ~ SHILA R.COBIANrDeputy City Clerk Publish Date: July 13, 2007 Ofitf Revised 11/01/06 Contract No. FAC 07-01R Page 8 of 85 Pages CITY OF CARLSBAD HVAC CONTROLS UPGRADE AT THE SAFETY CENTER CONTRACT NO. FAC 07-01R CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 OPENED, WITNESSED AND DATE SIGNATURE ED: The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, 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. FAC 07-01R in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE "A" HVAC CONTROLS UPGRADE Item No. Description Approximate Quantity and Unit Unit Price Total A-1 HVAC Controls Upgrade at LS $ 167,386.00 $ 167,386.00 $167,. 386.00 Dollars (Lump Sum) Total amount of bid in words for Schedule "A": One hundred sixty seven thousand three hundred eighty six and no cents Total amount of bid in numbers for Schedule "A": $ 1 67, 386.00 Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s)._ proposal. has/have been received and is/are included in this 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. 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. Revised 11/01/06 Contract No. FAC 07-01R Page 9 of 85 Pages License Detail Page 1 of2 Tuesday, August 21, 2007 License Detail . Contractor License # 790514 CALIFORNIA CONTRACTORS STATE LICENSE BOARD 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 disclosure is restricted by law (B&P7124.6). 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. . Per B&P 7071.17. only construction related civil judgments reported to the CSLB are disclosed. . Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. . Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 08/21/2007 * * * Business Information * * * SEASIDE HEATING & AIR CONDITIONING INC 2942 INDUSTRY STREET #A OCEANSIDE, CA 92054 Business Phone Number: (760) 643-1100 Entity: Corporation Issue Date: 01/26/2001 Expire Date: 01/31/2009 * * * License Status * * * This license is current and active. All information below should be reviewed. * * *Classifications * * * {Class \ Description JC20 IWARM-AIR HEATING. VENTILATING AND AIR-CONDITIONING JC38 ........ ......................... ~" ................. " .................. ...... .................................. ^ * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 9032661 in the amount of $12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 01/01/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(I): The Responsible Managing Officer (RMO) CHARLES DWAYNE BALCAR certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 01/26/2001 * * * Workers Compensation Information * * * http ://www2. cslb .ca.gov/C SLB_LIBRARY/License+Detail.asp 08/21/2007 License Detail Page 2 of 2 This license has workers compensation insurance with the PREFERRED EMPLOYERS INSURANCE COMPANY Policy Number: WKN1209694 Effective Date: 03/01/2007 Expire Date: 03/01/2008 Workers Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses License Number Contractor Name Personnel Name Request Request Request """"' © 2006 State of California. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 08/21/2007 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 790514 , classification C4, C20, C38 which expires on 1 731 709 , and that this statement is true and correct and has the legal effect of an affidavit. 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 § 7028.15(e). 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. However, at the time the contract is awarded, the contractor shall be properly licensed. 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 him/her 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 Cashier's Check (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) 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. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail Revised 11/01/06 Contract No. FAC 07-01R Page 10 of 85 Pages IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted. (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) City and State (4) Zip Code Telephone No. (5) E-Mail IF A CORPORATION. SIGN HERE: Seaside Heating & Air(1) Name under which business is conducted Conditioning, Inc. B. (Signature) Secretary (Title) Impress Corporate Seal here California (3) Incorporated under the laws of the State of (4) Place of Business 2942-A Industry Street • ^ (Sjreet and Number)City and State Oceansxde, CA (5) Zip Code 92054 Telephone No. 760-643-1100 (6) E-Mail CB@seasidehvac.com NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Revised 11/01/06 Contract No. FAC 07-01R Page 11 of 85 Pages 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: Jimmie Sebring President Charles Balcar Secretary Revised 11/01/06 Contract No. FAC 07-01R Page 12 of 85 Pages BID SECURITY FORM (Check to Accompany Bid) HVAC CONTROLS UPGRADE AT THE SAFETY CENTER CONTRACT NO. FAC 07-01R (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *ggftSBaiK *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of Sixteen thousand, seven hundred - thrity eight and 60/100 dollars ($ 16,738.60 ). this amount being ten percent (10%) 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. Seaside Heating & Air Conditioning, Inc. BIDDER Certified *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 11/01/06 Contract No. FAC 07-01R Page 13 of 85 Pages BIDDERS BOND TO ACCOMPANY PROPOSAL HVAC CONTROLS UPGRADE AT THE SAFETY CENTER CONTRACT NO. FAC 07-01R KNOW ALL PERSONS BY THESE PRESENTS: That we, , as Principal, and , as 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 bid amount) for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: HVAC CONTROLS UPGRADE AT THE SAFETY CENTER CONTRACT NO. FAC 07-01R in the City of Carlsbad, is accepted by the City 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 City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. Revised 11/01/06 Contract No. FAC 07-01R Page 14 of 85 Pages In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this day of 20 . PRINCIPAL: Executed by SURETY this day (name of Principal) of , 20 . By: SURETY: (sign here) (print name here) (name of Surety) (Title and Organization of Signatory) (address of Surety) By: (sign here) (telephone number of Surety) By: (print name here) (signature of Attorney-in-Fact) (title and organization of signatory) (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL 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:. Deputy City Attorney Revised 11/01/06 Contract No. FAC 07-01R Page 15 of 85 Pages GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form 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 otherwise to be preformed 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 whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom 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, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form 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. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- 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 installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Revised 11/01/06 Contract No. FAC 07-01R Page 16 of 85 Pages Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. 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. Revised 11/01/06 Contract No. FAC 07-01R Page 17 of 85 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) HVAC CONTROLS UPGRADE AT THE SAFETY CENTER CONTRACT NO. FAC 07-01R The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract 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 one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) 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. SUBCONTRACTOR'S BID ITEMS Classification* 323556 $11.300.00 1935 Friendship Dr. #F C10 El Cajon, CA 92020 4.35%•Farwest Insulation $ 7,300.00 1375 Anacia Avenue C2 ASB Fullerton. CA 92831 Page 1 of 1 pages of this Subcontractor Designation form. Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 11/01/06 Contract No. FAC 07-01R Page 18 of 85 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) HVAC CONTROLS UPGRADE AT THE SAFETY CENTER CONTRACT NO. FAC 07-01R 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 his/her responsibility, experience and skill. An attachment can be used. 08/07 11/06 02/06 10/04 08/04 jummiitu 1f)?n Colorado Ave Chula Vista, CA Solex 42146 Remington Temecula, CA Eclectic 1938 Kellogg Ave. Carlsbad '"'A American Assets 11 4^5 El Camino Qan D-i e»rro PA Able Heating 1020 Colorado Ave Chula Vista, CA • ( , ^ , , > ,"i , Edward Moreno 619-409-9100 Dennis Parrish 951-308-1706 John Livingstone Lisa Johnson 858-350-2600 Edward Moreno 619-409-9100 -Y\V" «« ! ' > > Controls Ducting Heat Pumps Replace tower Controls - Amount Contract $62,000 $23,200 $33,200 $70,000 $42,000 Revised 11/01/06 Contract No. FAC 07-01R Page 19 of 85 Pages BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) HVAC CONTROLS UPGRADE AT THE SAFETY CENTER CONTRACT NO. FAC 07-01R 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: D Comprehensive General Liability D Automobile Liability D Workers Compensation D 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. All certificates 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 and the General Provisions for this project for each insurance company that the Contractor proposes. 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. Revised 11 /01 /06 Contract No. FAC 07-01R Page 20 of 85 Pages CERTIFICATE OF LIABILITY INSURANCE Date (mm/dd/yy) 10/15/2007 Voducer An Odebiyi Wood Gutmann & Bogart Insurance Brokers 15901 Red Hill Ave., Suite 100 Tustin CA 92780714 505.7000 www.wgbib.com License No. 0679263 nsured Seaside Heating & Air Conditioning Inc. 2942 Industry St., Ste. A Oceanside CA 92054 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER Scottsdale Insurance Co. A c/o Worldwide Facilities INSURER United National Insurance B c/o Worldwide Facilities INSURER The Travelers Indemnity Co. C and its Affiliates INSURER D Preferred Employers INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATEMM/DD/YY POLICY EXPIRATION DATEMM/DD/YY LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIAB CLAIMS MADE [7]OCCUR BCS0015753 9/18/2007 9/18/2008 EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED EXP (Any one person) PERSONAL & ADV INJURY GEN'L AGG LIMIT APPLIES PER ~|POLICY [y^ROJECT |~| LOG iENERAL AGGREGATE PRODUCTS-COMP/OP AGG 2.000.000 AUTOMOBILE LIABILITY T!ANY AUTO ALL OWNED AUTOS .SCHEDULED AUTOS 7* HIRED AUTOS 7 NON-OWNED AUTOS 71 Comp $500 Ded BA6395L980 9/18/2007 9/18/2008 COMBINED SINGLE LIMIT 1.000,000 BODILY INJURY [Per person) BODILY INJURY (Per accident) 71 Coll $500 Ded PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ~|ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EA ACC $ AGG B EXCESS LIABILITY TjoCCUR Q]CLAIMS MADE FCX0005067 9/18/2007 9/18/2008 EACH OCCURRENCE 1.000.000 AGGREGATE DEDUCTIBLE RETENTION $ WORKERS' COMPENSATION & EMPLOYERS' LIABILITY WKN1209694 3/1/2007 3/1/2008 /ISTATUTORY LIMIT | [OTHER EL EACH ACCIDENT EL DISEASE - EA EMPLOYEE EL DISEASE - POLICY LIMIT -000-000 DESCRIPTION OF OPERATIONS/LOCAT ONS/VEHICLES/EXCLUS1ONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate holder is named as Additional Insured under the GL policy per attached CG20370704. THIS CERTIFICATE SUPERCEDES ALL OTHERS PREVIOUSLY ISSUED. CERTIFICATE HOLDER CANCELLATION A/I City of Carlsbad ATTN: Facilities Division 1635 Faraday Carlsbad CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE- SENTATIVES. *1° DaYs for Non-Payment of Premium AUTHORIZED REPRESENTATIVE Jeffrey Davinni ACORD 25-S (7/97)©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) created atwvrfw.eCertsONLINE.com POLICY NUMBER: BCS0015753 10/15/2007 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Orqanization(s): ANY PERSON OR ORGANIZATION THAT THE INSURED HAS AGREED AND/OR IS REQUIRED BY CONTRACT TO NAME AS AN ADDITIONAL INSURED, PER SCHEDULE ON FILE WITH COMPANY Location And Description Of ComoMsd Operations PER SCHEDULE OF LOCATIONS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to In- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for 'bodily Injury* or 'property damage' caused, in whole or in part, by "your work* at the location designated and described in the schedule of this endorsement performed for that additional insured and included In the 'products- completed operations hazard". CG 20 37 07 04 © ISO Properties. Inc., 2004 Insured Copy Page 1 of 1 D BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) HVAC CONTROLS UPGRADE AT THE SAFETY CENTER CONTRACT NO. FAC 07-01R 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? X yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: Seaside Heating & Air Conditioning, Inc. (name of Contractor) By:__ (sigfi here) Charles Balcar, Secretary (print name/title) 1 1 Page of pages of this Re Debarment form Revised 11/01/06 Contract No. FAC 07-01R Page 21 of 85 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) HVAC CONTROLS UPGRADE AT THE SAFETY CENTER CONTRACT NO. FAC 07-01R 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. 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? x yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? x 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 within an eight year period? x 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? x 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 therefore. (If needed attach additional sheets to provide full disclosure.) Page 1 of 1 pages of this Disclosure of Discipline form Revised 1 1/01/06 Contract No. FAC 07-01 R Page 22 of 85 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) HVAC CONTROLS UPGRADE AT THE SAFETY CENTER CONTRACT NO. FAC 07-01R 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 (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: Seaside Heating & Air Conditioning, Inc. (name of Contractor) jn here) Charles Balcar, Secretary (print name/title) Page.1 of 1 pages of this Disclosure of Discipline form Revised 11/01/06 Contract No. FAC 07-01R Page 23 of 85 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 HVAC CONTROLS UPGRADE AT THE SAFETY CENTER CONTRACT NO. FAC 07-01R State of California ) ) ss. County of ) Seaside Heating & Air Conditioning, Inc. ( being first duly sworn, deposes (Name of Bidder) and says that he or she is Secretary (Title) of Seaside Heating & Air Conditioning, Inc (Name of Firm) 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 price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract 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 on the &O day of CjjULtfAjLCjS-- , 20 O" Signature of Bidde Subscribed and sworn to before me on the ^Ap day of ^Zdt^Ct<2/ 20^7 . Revised 11/01/06 Contract No. FAC 07-01R Page 24 of 85 Pages CONTRACT PUBLIC WORKS This agreement is made this T day of /T^H^t^ , 20^. by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and SEASIDE HEATING AND AIR CONDITIONING INC. whose principal place of business is 2942 INDUSTRY STREET #A OCEANSIDE CA 92054 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: HVAC CONTROLS UPGRADE AT THE SAFETY CENTER CONTRACT NO. FAC 07-01R (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, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General 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, her/his 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 General 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. The City shall withhold retention as required by Public Contract Code Section 9203. m& Revised 11/01/06 Contract No. FAC 07-01R Page 25 of 85 Pages 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 City 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. 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 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. 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. 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 1101-1525) 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. Revised 11/01/06 Contract No. FAC 07-01R Page 26 of 85 Pages 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 the Contract 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. 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 City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial 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. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) 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. Revised 11/01/06 Contract No. FAC 07-01R Page 27 of 85 Pages 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. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (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 except after ten (10) days' prior written notice has been sent 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 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 investigation, claim administration and defense expenses. (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. (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-:VII. 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 City Council Policy # 70. (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 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. 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 20104.2(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. Revised 11/01/06 Contract No. FAC 07-01R Page 28 of 85 Pages (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. (B) 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 12650 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. (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. (F) Carlsbad Municipal Code. 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. (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 agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. ( /==* init y j init 12. Maintenance of Records. Contractor shall maintain and make available 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. A*M^ Revised 11/01/06 Contract No. FAC 07-01R Page 29 of 85 Pages 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. 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. 17. 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 (CORPORATE SEAL) CONTRACTOR: Seaside & AIT- PnnrH (name of Contractor) By: (sign here) Charles Balcar, CFO (print name and title) a (municipal corporation of 1s* 4^frffi LOR lerk By: Jimmie Sebring, President (print name and title) SEE ATTACHED -ACKNOWLEDGMENT- JURAT President or vice-president and secretary or assistant secretary must sign for one officer signs, the corporation must attach a resolution certified by the secref.afy, secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney . iassistant Revised 11/01/06 Contract No. FAC 07-01R Page 30 of 85 Pages CALIFORNIA JURAT WITH AFFIANT STATEMENT Slate ol California Counly-ol. ss. See Attached Document (Notary to cross oul lines 1-6 below) D See Statement Below (Lines 1-5 to be completed only by document signerjs], no/ Notary) Signaiu'e ol Document S-gner NO CATHY THOMPSoTj] COMM. # 1585479 _] NOTARY PUBLIC-CALIFORNIA Q SAN DIEGO COUNTY Q MY COMMISSION EXPIRES -$ *y JUNE 8,2009 [ Place Noiaiy Seal Above ^X^""""1"S'Qiaiu'f ofDocument Signe- No~?~j'T"5nv) Subscribed and sworn to (or affirmed) before rne on this Dan day of . bv D Perspnally known lo me S^Proved to me on the basis ol satisfactory evidence to be the person who appeared belore me (.) (.) —c-r s-\ (and (2) "*=* *'*t\mi C. V-j3llf2-( Name ol S-gne- D Persona]i^,known to me Q-Pn5ved lo me on the basis ol satisfactory evidence- to bethe person whoappe_ar_ed before me.) OPTIONAL S>g"'aiu'e ol Noia>y Though the inloimslion below is nol reQuiied by (aw. i/ may prove valuable 10 pe'sons relying on the document gnd could prevent liauclulenl removal and leanachmenl ol this lorm to another document Further Description ol Any Attached Document Ttile 0' Type ol Document Document Dale:Numbe' ot Pages Signei(s) Omer Than NBmed Above: Top o' Ihumt) here BOND NUMBER: 727702P PREMIUM INCLUDED WITH PERFORMANCE BOND LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad. State of California, , Adopted SEASIDE HEATING AND AIR CONDITIONING INC by Resolution No. . has awarded to (hereinafter designated a$ the "Principal"), a Contract for. HVAfc CONTROLS UPGRADE AT THE SAFETY CENfER CONTRACT NO. FAC 07-01R i in the City of Carlsbad, inj strict conformity with the drawings and specifica Documents now on file irj the Office of the City Clerk of the City of Carls incorporated herein by this reference. ons, and other Contract ad and all of which are WHEREAS, Principal require the furnishing of s pay for any materials, previsions performance of the work Surety on this bond will pay executed or is about to execute said Contrac bond, providing that if Principal or any of their si provender or other supplies or teams agreed to be done, or for any work or labor done the same to the extent hereinafter set forth. us 3d and the terms thereof bcontractors shall fail to in, upon or about the thereon of any kind, the NOW, THEREFORE, WE, SEASIDE HEATING AND AIR CONDITIONING as Principal, (hereinafter designated as the "Contractor"), and INDEMNITY c in the sum of NC MPANY OF CALIFORNIA ONE HUNDRED SIXTY as Surety, are held firmly bound SEVEN THOUSAND THREE HUNDRED E into the City of Carlsbad GHTY SIX THE CONDITION OF TH fail to pay for any material! performance of the work < consistent with California Insurance Code with respect required to be deducted, the wages of employees Unemployment Insurance same, and, also, in case s court consistent with Califo S OBLIGATION IS SUCH that if the Contractor provisions, provender, supplies, or teams used ontracted to be done, or for any other work or This bond shall inure to 3181, so as to give a righ bond. Dollarb ($ 167,386.00 ). equal to: One hundred percent (100%) of the total amount payable under and truly to be made we xecutors and administrators, successors, or assi ns, jointly and severally, said sum being an amoun the terms of the contract bj/ the City of Carlsbad, and for which payment wel bind ourselves, our heirs, '"' • _-•—s_j-.i—*— : firmly by these presents. Civil Code section 3181, or for amounts due u to the work or labor performed under this Con vj/ithheld, and paid over to the Employment Devel of the contractor and subcontractors pursuant Code with respect to the work and labor, that jit is brought upon the bond, reasonable attorney rnia Civil Code section 3248. r his/her subcontractors upon, for, or about the lajbor thereon of any kind, ider the Unemployment ract, or for any amounts pment Department from o section 13020 of the Surety will pay for the > fees, to be fixed by the tha the benefit of any of the persons named in Calif of action to those persons or their assigns in a >rnia Civil Code section y suit brought upon the Surety stipulates and agrees that no change, extension of time, alteration tiie Contract, or to the work to be performed hereunder or the specifications shall affect its obligations cjn this bond, and it does hereby waive notice of time, alterations or addition to the terms of the contract or to the work or to thi addition to the terms of jccompanying the same change, extension of ; specifications. Revised 11/01/06 Contract No. FAC 07-01R Page 31 of 85 Pages s-d -8 UUEI'S LQOZ in the event that Contractor is an individual, it is agreed that the death of ahy such Contractor shall not exonerate the Surety fibm its obligations under this bond. i Executed by CONTRACTORJthisi dayof__ i , 20_ Executed by SURETY th|s.30TH .day of OCTOBER CONTRACTOR:SURETY: INDEMNITY COMPANY (name of Contractor)(name ofConi Bv: *^== (name of Surety) 17780 FITCH, IRVINE, CA 92614 _20 07. OF CALIFORNIA (sign her*) J ] Km.V SeA>r>' y^A (print name tjiere)' njjgfa>n|pJ signatory) (print name Here) rc.t^j By: (address 949-263-3300 (telephone nu (r>A**e. (signskure of f RAJAN PATEL (printed name of of Surety) nber of Surety) ttomey-in-Fact) Attomey-in-Fact) (attach corporate resoluti of attorney)SE ACKN (title and organization jof signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY musl (President or vice-president aijid secretary or assistant secretary must sign for corpc rations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant seal empowering that officer tc APPROVED AS TO FORM: RONALD R. BALL City Attorney bind the corporation.) DepfnyXCity Attorney n showing current power ATTACHED )WLEDGMENT be attached.) ecretary under corporate Revised 11/01/06 Contract Mo. FAC 07-01R Page 32 of 85 Pages 9-d 09L U03 -8 LOOZ OE I I \ \ 1 State of California "^ ^-. . Countv of ^Arfl XX&^D f SS' CERTIFIC On OCA ^)0. 3-OO~1 .before me. LA-VH\i IFORNIA ALL-PURPOSE i ATE OF ACKNOWLEDGMENT } Dale / Printed Name If Notary Public | personally appeared vjAArlsS U>(/U&N/A/£T DA|f/\P-> . I V Printed Name(s) of Signer(s) | I | personally known to me -or- 1 [CHSroved to me on the basis of satisfactory^evidence: *> ^-, _ I /°/4 fW £3r A 3 < C^ ? ^ ^-^ f~ '2. / —/\Q 1B-frSTmklnfiHpntifiratinn C ^. U C ^ HO 3 O ^ * 6 T i f.y /» ' O ~6? C5 / 1 CD crediblp witn^^sfes) ? to be the person(XI whose namefe) is/a*e subscribed to the within instrument and acknowledged to me \ that he/sbe/they executed the same in his/ber/their authorized capacityfcy^, and that by his/her/their I signature^ on the instrument the person(«), or the entity upon behalf of which the person^ acted, I executed the instrument. i WITNESS my hand and official seal. 1 ] ^s*. CATHY THOMPSON! ! *~ ffr LS& COMM, #1585479 _| s~\ ^ I ^lffiS?liwj"lNOTAavpuBLIC'CAU|:ORI"A0 / ) / ' — i ^vS»i*i®/l SAN DIEGO COUNTY Q IS 11 ^S 1 *r \M^^MY COMMISSION EXPIRES-^ ( ^ ~^~ L , //Wv. /I AjOi ^^ !| ><lg,s«tf^ JUNE62009 [ *^—6L*.^rU-J / /tJsy\M4s-v'1-^ ? (Seal) ^ I Signature of Notary Public | 5 UP IIONAL INFORMATION | Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this i acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. | Description of Attached Document | The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: CD Individual(s) CD Attorney-in-Fact 1 1 Corporate Officer(s) Title(s) CD Guardian/Conservator CD Partner - Limited/General CD Trustee(s) CD Other: representing: Name(s) of Person(s) or EntityOes) Signer is Representing ; CD Additional Signer(s) CD Signer(s)Thumbprint(s) i CD Other i 5 1 I 1 C Copyright 2004 Notary Rotary, Inc. 925 29th St.. Des Moines, IA 50312-3612 Form ACK02. 02/04. To re-order, call toll-free 1-877-349-6588 or visit us on the Internet at http://www.thenotaryshop.com State of California County of £>Av\ lD ss.CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT on QdL.-2.6 en Date ., before me, personally appeared ->Jtmm/C o£c>(2- I | personally known to me - or - [3^P*roved to me on the basis of satisfactory evidenc^e: pxf6fm(s) of identification L^rT / J L^ D credible witness(es) -. e-iA<a inted NamefsYof Signer(s) . 1 ~ 17 > to be the person^ whose namej# is^*e subscribed to the within instrument and acknowledged to me that he/sJie/tbey executed the same in his/her/their authorized capacity(i«r), and that by his/bet/their signature^ on the instrument the person(af, or the entity upon behalf of which the person^ acted, executed the instrument. CATHY THOMPSON 1 COMM. # 1585479 J NOTARY PUBLIC-CALIFORNIA Q SAN DIEGO COUNTY Q MY COMMISSION EXPIRES JUNE 6, 2009 WITNESS my hand and official seal. I Signature of Notary Public (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: ED Individual(s) ED Attorney-in-Fact D Corporate Officer(s) Title(s) ED Guardian/Conservator I I Partner - Limited/General ED Trustee(s) ED Other: representing: Name(s) of Person(s) or Entity(ies) Signer is Representing Q Additional Signer(s) | | 5igner(s)Thumbprint(s) ED Other C Copyright 2004 Notary Rotary, Inc. 925 29th St.. Des Moines, IA 50312-3612 Form ACK02. 02/04. To re-order, call toll-free 1-877-349-6588 or visit us on the Internet at http://www.thenotaryshop.com STATE OF .CALIFORNIA COUNTY OF SAN DIEGO On /O/J*A/7. before me. D- KOHL, NOTARY PUBLICr ;r (7?ere /nsert name and title of the officer), personally appeared _RAJAN PATEL personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(gj whose name(tf is/arts subscribed to the within instrument and acknowledged to me that he/shg/they executed the same in his/her/Mir authorized capacity (ies), and that by his/hpr/therir signature^) on the instrument the personffl, or the entity upon behalf of which the person^) acted, executed the instrument. WITNESS my hand and official seal. Signature_.(SEAL) '"'•••M^^^M0. KOHL CommlMlon* 1732401 K Notary Public - California * San Dl«ao County * This area for Official Ni>tarici/ Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL D CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT TITLE(S) D PARTNER(S)D LIMITED D GENERAL D ATTORNEY-IN-FACT D TRUSTEE(S) III GUARDIAN/CONSERVATOR D OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ID-1232 (REV. 12/05)ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY rNDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE. CA 92623 (949) 261-5300 ''Steven R. Bonilla, S. Smith-Bowman, D. Kohl, Rajan Patel, jointly or severally* as their true and lawful Altorncy(s)-in-Fact. to make, execute. dclivci and acknowledge, for and on hch.ilf of.saitl con>c.r::lioi;s as sureties. KOJ:;::;, undertaking- and contracts oi suretyship giving and granting unio said Attorncy(s)-in Fact full power and authorns to do and io perform every act necessarv, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power oi's;!bstiiiiiioii and revocation, and all of the acts of said Allomcy(s)-iii-Fac(, pursuant to these presents, arc hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective is of November 1. 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of (he corporation be. and thai each of them hereby is. authorized to execute Powers of Attorney, qualifying the altomcy(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorncv or to an)1 certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day of December, 2005. Bv: \ David H. Rhodes, Executive Vice-Prcsidcnt Walter A. Crowcll, Secretary IS 101936 STATE OF CALIFORNIA COUNTY OF ORANGE ] On December 1, 2005 before me, Gina L. Garner, (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A personally known to me (or proved to me on the basis of satisfactory evidence) to be the person! s) whose namc(s) is/arc subscribed to the within instru acknowledged to me that hc/shc/thcy executed the same in his/her/their authorized capaeity(ics), and that by his/her/their signaturc(s) on the instrument the person(s), or the entity upon behalf of which the pcrson(s) acted, executed the instrument. . Crowell, instrument and WITNESS my hand and official seal. Signature _ ___(SEAL) CERTIFICATE IGINA L. GARNER COMM.# 1569561 NOTARY PUBLIC CALIFORNIA § ORANGE COUNTY jj> My comm. expires May 13, 2009 j The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has net been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the JOTHday of OCTOuER 2007 Albert Hillcbrand, Assistant Secretary in.MsruBr-v t?/n<;> BOND NUMBER: 727702P PREMIUM: $4,185.00 FAITHFUL PERFORMANCE/WARRANTS BOND TERM WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. , adopted , has awarded to SEASIDE HEATING AJND AIR CONDITIONING INC ~~~ j (hereinafter designated as the "Principal"), a Contract for: HVAtf CONTROLS UPGRADE AT THE SAFETY CENTER CONTRACT NO. FAC 07-01R in the City of Carlsbad, ir other Contract Documents; which are incorporated hefein WHEREAS, Principal has require the furnishing of a strict conformity with the contract, the drawings now on file in the Office of the City Clerk of th< \ by this reference. and specifications, and City of Carlsbad, all of executed or is about to execute said Contrac iond for the faithful performance and warranty of $ SEASIDE HEATING AND AIR CONDITIONING INCNOW, THEREFORE, WE, (hereinafter designated as the "Contractor"), and INDEMNITY COMPANY OF and the terms thereof aid Contract; ., as Principal, ., as Surety, are held and firmly bound urin the sum of ONE HUNDRED SIXTY SEVEN THOUSAND THREE HUNDRED EIGHI to the City Of Carlsbad, SIX Dollars said sum being equal to one hundred percent (100%) of the estimated amount paid to City or its certain attorney, its successors and assigns; for which payr lent made, we bind ourselves, our heirs, executors and administrators, successes severally, firmly by these presents. THE CONDITION OF THI executors, administrators, and truly keep and perfortn alteration thereof made as the manner therein specified indemnify and save harmless stipulated, then this obligat effect. OBLIGATION IS SUCH that if the above boundei uccessors or assigns, shall in all things stand to the covenants, conditions, and agreements herein provided on their part, to be kept and pert , and in all respects according to their true inten the City of Carlsbad, its officers, employees on shall become null and void; otherwise it shal JFORNIA 167,386.00 J, of the Contract, to be :, well and truly to be or assigns, jointly and Contractor, their heirs, and abide by, and well the Contract and any rmed at the time and in and meaning, and shall and agents, as therein remain in full force and As a part of the obligation secured hereby and in addition to the face amc unt specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, ail to be taxed as costs and included in any judgment rendered.ii Surety stipulates and agreejs that no change, extension of time, alteration or (addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive extension of time, alterations or addition to the terms of the contract or specifications. notice of any change, to the work or to the Revised 11/01/06 Contract No. FAC 07-01R frOGG 09i Page 33 of 85 Pages WU*-i:8 LQQZ OB In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety frjom its obligations under this bond. Executed by CONTRACTOR this 3 & day of &c-4~f> ^M"" i 20_£7_. Executed by SURETY OCTOBER 30TH., day of SURETY: CONTRACTOR: SEASIDE HEATING AND A] INDEMNITY COMPANY (name of Cent R CONDITIONING INC ctor) By: (name of Surety) 17780 FITCH. IRVIflE. CA 92614 (slgrrfJere) « i " ^1 i (print name here) T (address of Surety) 949-263-3300 (telephone number (Title and Organization (sign here) (print name here) f Signatory) (signature^ Atto RAJAN PATEL licce-?- (printed name of Attomey-in-Fact) (Attach corporate resolution showing current power of attorney.) SEE ATTACHED ACKNOWLEDGMENT II IP AT•**I|IH" OF CALIFORNIA of Surety) y-in-Fact) (Title and Organization 6f signatory) (Proper notarial acknowledijment 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 Revised 11/01/06 Contract No. FAC 07-01R Page 34 of 85 Pages 09i ^03 Jiy -g episees WUVT =8 iOOS OE I ~k » u. 1 * 1 5 j i ; State of California ^ "| ^-.. County of J^-^ hit'tf) J "' CERTIFIC On (O^/ 30. ISO") . before mer V^M~Ki J ! IFORNIA ALL-PURPOSE | ATC nC &t~lfKir\\Ml CPk/^MCMT f-r\l t \Jr r\v_l\NvJVVLCLHjIVItlM 1 s LrvY^SQA/ ! Dane 1 Printed NarrR of Notary Public \ personally appeared CJrvlf ^S DlflA\M/£. P>M£A(2- . 1 ' Printed Name(s) of Signer(s) \ dU personally known to me - or - j \~Q~tffoved to me on the basis of satisfactory evidence: . f ^ /^ . ^ 1 EH fornn(<;) nf iHpntifiratinn C ^1 - /)L fj V *-> ^ ^ « / / L^y/5 • O ~~ ip ~~ O ( | Q rrpr)ih|p witn«=s^(ps) i to be the person^ whose name(a) is/ate subscribed to the within instrument and acknowledged to me S that he/sbe/they executed the same in his/h«T/th«tr authorized capacity(4es), and that by his/her/their I signature^) on the instrument the person(si or the entity upon behalf of which the person^) acted, \ executed the instrument. | WITNESS my hand and official seal. 1 1 x«s«!^ CATHY THOMPSON! ^ 4r f*\ COMM. #1586479 -1OlCrWfTffi^ NOTARY PUBLIC-CALIFORNIA Q S~) Of^r^S?! SAN DIEGO COUNTY Q / / h \S^W^MY COMMISSION EXPIRES -* ( /f-p-0 \ ^*&>!&' JUNE 6, 2009 [ v — ^<-^U--J ~/T -^) i/A/7K^)-^X S 1 *• ij- *y-v -v" -V' *e^~v " if v ''•'••w-^^^4 ^ Signature 'ol Notary Public r fSeay j UPHUNALINr-UKMAIlUN t Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this S acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. \ Description of Attached Document 1 The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of j i i I i J j | j | containing pages, and dated The signer(s) capacity or authority is/are as: EH Individual(s) l~l Attorney-in-Fact EH Corporate Officer(s) Title(s) 1 1 Guardian/Conservator EH Partner -Limited/General EH Trustee(s) EH Other: representing: Name(s) of Person(s) or EntttyGes) Signer is Representing I EH Additional Signer(s) EH Signer(s) Thumbprint(s) 1 EH Other { ! i 1 C Copyright 2004 Notary Rotary, Inc. 925 29th St.. Des Moines. IA 50312-3612 Form ACK02. 02/04. To re-order, call toll-free 1-B77-349-6588 or visit us on the Internet at http://www.thenotaryshop.com State of California On &h- 30,2.007 }s CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT personally appeared , before me, ^OLfl- \ KompSoa/ Printed Name Si Notary Public Printed Name(s) rfllbigner(s) I | personally known to me - or - 0""proved to me on the basis of satisfactory evidence: E^foninTs) of identification (.-A JJ ^- nd3 D y/)/ 7-17- to be the person^ whose name(#) is/»re subscribed to the within instrument and acknowledged to me that he/sbe/they executed the same in his/her/their authorized capacity(+es), and that by his/her/their signature^ on the instrument the person^ or the entity upon behalf of which the person(ef acted, executed the instrument. WITNESS my hand and official seal. CATHY THOMPSON I COMM. # 1585479 _l NOTARY PUBLIC-CALIFORNIAQ SAN DIEGO COUNTY Q MY COMMISSION EXPIRES -J. JUNE 6, 2009 f-•^ .—^.'^^ ^^4 Signature of Notary Public OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this I acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: D Individual(s) 0 Attorney-in-Fact D Corporate Officer(s) Title(s) D Guardian/Conservator D Partner -Limited/General D Trustee(s) D Other: representing: Name(s) of Person(s) or Entity(tes) Signer is Representing Additional Signer(s) | | Signer(s)Thumbprint(s) Other gitjWjoytewM!WiiBvraomwi!C»'iM3HMr ©Copyright 2004 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312-3612 Form ACK02. 02/04. To re-order, call toll-free 1-877-349-6588 or visit us on the Internet at httpy/www.thenotaryshop.com STATE OF CALIFORNIA COUNTY OF SAN DIEGO On /-0/-3a/b9. before me, D. KOHL, NOTARY PUBLIC (here insert name and title of the officer), personally appeared.RAJAN PATEL personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(srj whose nameffl is/at£ subscribed to the within instrument and acknowledged to me that he/sb£/th&y executed the same in his/hpr/thd/r authorized capacity (i^s), and that by his/hpf/thelr signature(p) on the instrument the person^, or the entity upon behalf of which the person^) acted, executed the instrument. WITNESS my hand and official seal. Signature__.(SEAL) D. KOHl CommlMton* 1732401 i Notary Public - California « San Oi«oo County * This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL D CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT TITLE(S) D PARTNER(S)D LIMITED D GENERAL D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ID-1232 (REV. 12/05)ALL-PURPOSE ACKNOWLEDGEMENT OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION 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 HVAC CONTROLS UPGRADE AT THE SAFETY CENTER CONTRACT NO. FAC 07-01R 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. A•^ Revised 11/01/06 Contract No. FAC 07-01R Page 35 of 85 Pages 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 consents to the withdrawal of the amount sought to be withdrawn by Contractor. 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 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 1635 Faraday Avenue. Carlsbad. CA 92008 For Contractor: 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 11/01/06 Contract No. FAC 07-01R Page 36 of 85 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City:Title MAYOR Name Signature Address 1200 Carlsbad Village Drive. Carlsbad. CA 92008 For Contractor:Title Name Signature Address For Escrow Agent:Title Name Signature Address Revised 11/01/06 Contract No. FAC 07-01R Page 37 of 85 Pages GENERAL PROVISIONS FOR HVAC CONTROLS UPGRADE AT THE SAFETY CENTER CONTRACT NO. FAC 07-01R CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 -TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS - Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 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. Revised 11/01/06 Contract No. FAC 07-01R Page 38 of 85 Pages Contract Documents - Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the general conditions, permits from other agencies, the Special Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor - The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price - The total amount of money for which the Contract is awarded. Contract Unit Price - The amount stated in the Bid for a single unit of an item of work. County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let. Days - Days shall mean consecutive calendar's days unless otherwise specified. Dispute Board - persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier - Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer - the Public Works Director of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile - Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm - The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Revised 11/01/06 Contract No. FAC 07-01R Page 40 of 85 Pages Modification - Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award - The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. 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. Person - Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans - The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract - Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector - the Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal - See Bid. Public Works Supervisor- the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Public Works Manager - General Services - The Public Works Supervisor's immediate supervisor and second level of appeal for informal dispute resolution. Reference Specifications - Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway - The portion of a street reserved for vehicular use. Service Connection - Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Revised 11/01/06 Contract No. FAC 07-01R Page 41 of 85 Pages Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications - Standard Specifications, Reference Specifications, Special Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Special Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Standard - The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans - Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications - The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". State - State of California. Storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm water. Street-Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the subgrade. Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade - For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision - Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Surety - Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne - Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Revised 11/01/06 Contract No. FAC 07-01R Page 42 of 85 Pages Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement.o Work - That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN Abandon ABAND Abandoned ABS Acrylonitrile - butadiene - styrene AC Asphalt Concrete ACP .....Asbestos cement pipe ACWS Asphalt concrete wearing surface ALT Alternate ARTS Apartment and Apartments AMER STD American Standard AWG American Wire Gage (nonferrous wire) BC Beginning of curve BCR Beginning of curb return BDRY Boundary BF Bottom of footing BLDG Building and Buildings BM Bench mark BVC Beginning of vertical curve B/W Back of wall C/C Center to center CAB Crushed aggregate base CAL/OSHA California Occupational Safety and Health Administration CalTrans California Department of Transportation CAP Corrugated aluminum pipe CB Catch Basin Cb Curb CBP Catch Basin Connection Pipe CBR California Bearing Ratio CCR California Code of Regulations CCTV Closed Circuit TV CES Carlsbad Engineering Standards CF Curb face CF Cubic foot C&G Curb and gutter CFR Code of Federal Regulations CFS Cubic Feet per Second CIP Cast iron pipe CIPP Cast-in place pipe CL Clearance, center line CLF Chain link fence CMB Crushed miscellaneous base CMC Cement mortar-coated CML Cement mortar-lined CMWD Carlsbad Municipal Water District CO Cleanout (Sewer) COL Column COMM Commercial CONG Concrete CONN Connection CONST Construct, Construction COORD Coordinate CSP Corrugated steel pipe CSSD Carlsbad Supplemental Standard Drawings CTB Cement treated base CV Check valve CY : Cubic yard D Load of pipe dB Decibels DBL Double DF Douglas fir DIA Diameter DIP Ductile iron pipe DL Dead load DR Dimension Ratio DT Drain Tile DWG Drawing DWY Driveway DWY APPR Driveway approach E Electric EA : Each EC End of curve ECR End of curb return EF.... Each face EG Edge of gutter EGL Energy grade line El Elevation Revised 11/01/06 Contract No. FAC 07-01R Page 43 of 85 Pages ELC Electrolier lighting conduit ELT Extra long ton ENGR Engineer, Engineering EP Edge of pavement ESMT Easement ETB Emulsion-treated base EVC End of vertical curb EWA Encina Wastewater Authority EXC Excavation EXP JT Expansion joint EXST Existing F Fahrenheit F&C Frame and cover F&l Furnish and install FAB Fabricate FAS Flashing arrow sign FD Floor drain FDN Foundation FED SPEC Federal Specification FG Finished grade FH..... Fire hydrant FL Flow line FS Finished surface FT-LB Foot-pound FTG Footing FW Face of wall G Gas GA Gauge GAL Gallon and Gallons GALV Galvanized GAR Garage and Garages GIP Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible GP Guy pole GPM gallons per minute GR Grade GRTG Grating GSP Galvanized steel pipe H High or height HB Hose bib HC House connection HDWL Headwall HGL Hydraulic grade line HORIZ Horizontal HP Horsepower HPG High pressure gas HPS High pressure sodium (Light) HYDR Hydraulic IE Invert Elevation ID Inside diameter INCL Including INSP Inspection INV Invert IP Iron pipe JC Junction chamber JCT Junction JS Junction structure JT Joint L Length LAB Laboratory LAT Lateral LB Pound LD Local depression LF Linear foot LH Lamp hole LL Live load LOL Layout line LONG Longitudinal LP Lamp post LPS Low pressure sodium (Light) LS Lump sum LTS Lime treated soil LWD Leucadia Wastewater District MAINT Maintenance MAX Maximum MCR Middle of curb return MEAS Measure MH Manhole, maintenance hole MIL SPEC Military specification MISC Miscellaneous MOD Modified, modify MON Monument MSL. Mean Sea Level (Reg. Standard Drawing M-12) MTBM Microtunneling Boring Machine MULT Multiple MUTCD.... Manual on Uniform Traffic Control Devices MVL Mercury vapor light NCTD North County Transit District NRCP Nonreinforced concrete pipe OBS Obsolete OC On center OD Outside diameter OE .....Outer edge OHE Overhead Electric OMWD Olivenhain Municipal Water District OPP Opposite ORIG Original PB Pull box PC Point of curvature PCC Portland cement concrete or point of compound curvature PCVC Point of compound vertical curve PE Polyethylene PI Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse curve PRVC Point of reverse vertical curve PSI Pounds per square inch PT Point of tangency PVC Polyvinyl chloride PVMT Pavement PVT R/W Private right-of-way Q Rate of flow in cubic feet per second QUAD Quadrangle, Quadrant R Radius R&O Rock and oil R/W Right-of-way RA Recycling agent RAC Recycled asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete RGB Reinforced concrete box Revised 11/01/06 Contract No. FAC 07-01R Page 44 of 85 Pages RCE Registered civil engineer RCP Reinforced concrete pipe RCV Remote control valve REF Reference REINF Reinforced or reinforcement RES Reservoir RGE Registered geotechnical engineer ROW Right-of-Way RR Railroad RSE Registered structural engineer RTE Registered traffic engineer S Sewer or Slope, as applicable SCCP Steel cylinder concrete pipe SD Storm drain SDNR San Diego Northern Railway SDR Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD San Diego Regional Standard Drawings SE Sand Equivalent SEC Section SF Square foot SFM Sewer Force Main SI International System of Units (Metric) SPEC Specifications SPPWC Standard Plans for Public Works Construction SSPWC Standard Specifications for Public Works Construction STHWY State highway STA Station STD Standard SIR Straight SIR GR Straight grade STRUG Structural/Structure SW Sidewalk SWD Sidewalk drain SY Square yard T Telephone TAN Tangent TC Top of curb TEL Telephone TF Top of footing TOPO Topography TR Tract TRANS Transition TS Traffic signal or transition structure TSC Traffic signal conduit TSS Traffic signal standard TW Top of wall TYP Typical UE Underground Electric USA Underground Service Alert VAR Varies, Variable VB Valve box VC Vertical curve VCP Vitrified clay pipe VERT Vertical VOL Volume VWD Vallecitos Water District W Water, Wider or Width, as applicable WATCH Work Area Traffic Control Handbook Wl Wrought iron WM '. Water meter WPJ Weakened plane joint XCONN Cross connection XSEC Cross section o 1-3.3 Institutions. Abbreviation Word or Words AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction ANSI American National Standards Institute API American Petroleum Institute AREA American Railway Engineering Association ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWS American Welding Society AWWA American Water Works Association FHWA Federal Highway Administration GRI Geosynthetic Research Institute NEMA. National Electrical Manufacturers Association NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) UL Underwriters' Laboratories Inc. USGS United States Geological Survey Revised 11/01/06 Contract No. FAC 07-01R Page 45 of 85 Pages 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. 1 -4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) 25.4 micrometer (^m) 1 inch (in) 25.4 millimeter (mm) 1 inch (in) 2.54 centimeter (cm) 1 foot (ft) 0.3048 meter (m) 1 yard (yd) 0.9144 meter (m) 1 mile (mi) „ 1.6093 kilometer (km) 1 square foot (ft) 0.0929 square meter (m) 1 square yard (yd ) 0.8361 square meter (m ) 1 cubic foot (ft3),. 0.0283 cubic meter (m3) 1 cubic yard (yd ) 0.7646 cubic meter (m ) 1 acre 0.4047 hectare (ha) 1 U.S. gallon (gal) 3.7854 Liter (L) 1 fluid ounce (fl. oz.) 29.5735 millileter (mL) 1 pound mass (Ib) (avoirdupois) 0.4536 kilogram (kg) 1 ounce mass (oz) 0.02835 kilogram (kg) 1 Ton (=2000 Ib avoirdupois) 0.9072 Tonne (= 907 kg) 1 Poise 0.1 pascal second (Pa s) 1 centistoke (cs) 1 square millimeters per second (mm /s) 1 pound force (Ibf) 4.4482 Newton (N) 1 pounds per square inch (psi) 6.8948 Kilopascal (kPa) 1 pound force per foot (Ibf/ft) 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) 1.3558 Watt (W) 1 part per million (ppm) 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): Degree Celsius (°C): °F = (1.8 x °C) + 32 °C = (°F - 32)/1.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Revised 11/01/06 Contract No. FAC 07-01R Page 46 of 85 Pages Common Metric Prefixes kilo(k) .- 103, centi(c) 10, milli(m) 10'3 micro (n) 10"® nano(n) 10" pico(p) 10"12 1-5 SYMBOLS A Delta, the central angle or angle between tangents Z Angle % Percent1 Feet or minutes Inches or seconds1 Number / per or (between words) Degree PL Property line CL Centerline SL Survey line or station line Revised 11/01/06 Contract No. FAC 07-01R Page 47 of 85 Pages SECTION 2 - SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, -as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construc- tion of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Revised 11/01/06 Contract No. FAC 07-01R Page 48 of 85 Pages 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 cancel the contract or 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 Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 ADDITIONAL RESPONSIBILITY. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 STATUS OF SUBCONTRACTORS. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. 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 a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. 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. Revised 11 /01 /06 Contract No. FAC 07-01R Page 49 of 85 Pages 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 un-revoked 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. 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. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), 2006 Edition (Part 2 & 3), and the 2007 supplements thereto (Part 2 & 3), 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 one set. The first set is designated as City of Carlsbad Drawing No. 444-7 and consists of seven sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. Revised 11/01/06 Contract No. FAC 07-01R Page 50 of 85 Pages The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent 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) Carlsbad General Provisions. 3) Technical Specifications 4) Plans. 5) City of Carlsbad Engineering Standards, 2004 Edition. 6) San Diego Regional Standard Drawings 7) State of California Department of Transportation Standard Plans 8) Standard Specifications for Public Works Construction 9) Reference Specifications 10) Manufacturer's Installation Recommendations Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. Revised 11/01/06 Contract No. FAC 07-01R Page 51 of 85 Pages The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. 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: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) 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 in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Revised 11/01/06 Contract No. FAC 07-01R Page 52 of 85 Pages Working drawings are required in the following sections: TABLE 2-5.3.2 (A) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 7-10.4.1 207-2.5 207-8.4 207-10.2.1 300-3.2 303-1.6.1 303-1.7.1 303-3.1 304-1.1.1 304-1.1.2 304-2.1 306-2.1 306-3.1 306-3.4 306-6 306-8 307-4.3 Safety Orders Joints Joints General Cofferdams General General General Shop Drawings Falsework Plans General General General Tunnel Supports Remodeling Existing Sewer Facilities Microtunneling Controller Cabinet Wiring Diagrams Trench Shoring Reinforced Concrete Pipe Vitrified Clay Pipe Fabricated Steel Pipe Structure Excavation & Backfill Falsework Placing Reinforcement Prestressed Concrete Construction Structural Steel Structural Steel Metal Hand Railings Jacking Operations Tunneling Operations Tunneling Operations Polyethylene Liner Installation Microtunneling Operations Traffic Signal Construction Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) 2) 3) 4) 5) 6) 7) 8) List of Subcontractors per 2-3.2. List of Materials per 4-1.4. Certifications per 4-1.5. Construction Schedule per 6-1. Confined Space Entry Program per 7-10.4.4. Concrete mix designs per 201 -1.1. Asphalt concrete mix designs per 203-6.1. Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. Revised 11/01/06 Contract No. FAC 07-01R Page 53 of 85 Pages 2-5.4 Record Drawings. The Contractor shall provide and keep up-to-date a complete "as-built" record 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 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 therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-8 RIGHT OF WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 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 contract shall maintain such data and records for as long as may be required by applicable laws and regulations. Revised 11/01/06 Contract No. FAC 07-01R Page 54 of 85 Pages 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. SECTION 3 - CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 25 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 25 percent, payment will be made per Section 3-2.2.2 or 3-2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. Revised 11/01/06 Contract No. FAC 07-01R Page 55 of 85 Pages 3-2.2.2 Increases of More Than 25 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 25 percent, payment for the quantity in excess of 125 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 125 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 25 Percent Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 75 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 75 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement can not be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material can not be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. Revised 11/01/06 Contract No. FAC 07-01R Page 56 of 85 Pages 3-3.2,2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. 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 subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. Revised 1 1 /01 /06 Contract No. FAC 07-01 R Page 57 of 85 Pages The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra '*****' work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall 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. (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. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. 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. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. Am¥ Revised 11/01/06 Contract No. FAC 07-01R Page 58 of 85 Pages The report shall: 1 . Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1 . Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accor- dance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. 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 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. Revised 1 1/01/06 Contract No. FAC 07-01 R Page 59 of 85 Pages 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 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: Date: Company Name: 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. 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. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. 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. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager A•^ Revised 11/01/06 Contract No. FAC 07-01R Page 60 of 85 Pages 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)(1) 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)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "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 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 work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. 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)(1) 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. Revised 11/01/06 Contract No. FAC 07-01R Page 61 of 85 Pages (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)(1) 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 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 non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. Revised 11/01/06 Contract No. FAC 07-01R Page 62 of 85 Pages (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. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. Revised 11/01/06 Contract No. FAC 07-01R Page 63 of 85 Pages 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. 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. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. A•^ Revised 11/01/06 Contract No. FAC 07-01R Page 64 of 85 Pages The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these 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, Technical Specification, and any 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 expense. 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 noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Revised 11/01/06 Contract No. FAC 07-01R Page 65 of 85 Pages Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. 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. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 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. Revised 11/01/06 Contract No. FAC 07-01R Page 66 of 85 Pages 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 20 calendar days after receipt of the "Notice to Proceed". 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. Add the following section: 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of sections 6-1 and shall be on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media. Add the following section: 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Add the following section: 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 2000 compatible "Suretrak" program by Primavera or "Project" program by Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a CD-ROM data disk with all network information contained thereon, in a format readable by a Microsoft Windows 2000 system. The Agency will use a "Suretrak", "Project" or equal software program for review of the Contractor's schedule. Should the Contractor elect to use a scheduling program other than the "Suretrak" program by Primavera or "Project" program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:00 a.m. and 5:00 p.m. The on-site training shall be held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule. Revised 11/01/06 Contract No. FAC 07-01R Page 67 of 85 Pages Add the following section: 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor's plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity's description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. Add the following section: 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. Add the following section: 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. Add the following section: 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per section 6-4. Add the following section: 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. Add the following section: 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within fifteen (15) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 15 working days. Revised 11/01/06 Contract No. FAC 07-01R Page 68 of 85 Pages The Engineer will review and return to the Contractor, with any comments, the Baseline ^lt^ Construction Schedule within 15 working days of submittal. The Baseline Construction ^^ Schedule will be returned marked as per sections 6-1. "^^ Add the following section: 6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with section 6-1.8.1. Add the following section: 6-1.2.10.2 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per section 6-1.8.1. Add the following section: 6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. Add the following section: 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the /•% Engineer during the last week of each month to agree upon each activity's schedule status and ^^ shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media per the submittal requirements of section 2-5.3 and will include each item and element of sections 6- 1. Add the following section: 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. Add the following section: 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. Add the following section: 6-1.3.3 Electronic Media. The schedule data disk shall be a CD-ROM, labeled with the project name and number, the Contractor's name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in section 6-1.2.4 "Schedule Software" and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. D^^ Revised 11/01/06 Contract No. FAC 07-01R Page 69 of 85 Pages Add the following section: 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. Add the following section: 6-1.3.5 Change Orders, Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. Add the following section: 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Add the following section: 6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer's Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per section 9-3.2. Add the following section: 6-1.1 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 therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 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 upgrading the HVAC Control System at the Safety Center. Revised 11/01/06 Contract No. FAC 07-01R Page 70 of 85 Pages 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. Revised 11/01/06 Contract No. FAC 07-01R Page 71 of 85 Pages 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable '**"***" to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof, the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 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) therefore. Revised 11/01/06 Contract No. FAC 07-01R Page 72 of 85 Pages 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. Unless otherwise specified, the time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within 60 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor associa- tion, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, 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 and/or 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 his/her 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. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. 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 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 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. Revised 11/01/06 Contract No. FAC 07-01R Page 73 of 85 Pages 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. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of Five Hundred Dollars ($500.00). Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that Five Hundred Dollars ($500.00) 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 constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. Revised 1 1/01/06 Contract No. FAC 07-01 R Page 74 of 85 Pages 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations. The Contractor's attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. 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. Revised 11/01/06 Contract No. FAC 07-01R Page 75 of 85 Pages 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits *****' necessary to perform work for this contract on Agency property, streets, 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 therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others, the Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 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. Revised 11/01/06 Contract No. FAC 07-01R Page 76 of 85 Pages 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. 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 his/her 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 therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. 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 therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. Revised 1 1/01/06 Contract No. FAC 07-01R Page 77 of 85 Pages 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. 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. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Revised 11/01/06 Contract No. FAC 07-01R Page 78 of 85 Pages 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Revised 11/01/06 Contract No. FAC 07-01R Page 79 of 85 Pages Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and "**"*' contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit-required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit- required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 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. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. A•^ Revised 11/01/06 Contract No. FAC 07-01R Page 80 of 85 Pages 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the. materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. 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 and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. All facilities provided for Agency personnel shall be at suitable locations approved by the Engineer. Such facilities must be in a room, building, or trailer provided for this purpose with acceptable means for locking. A Class "A" Field Office in accordance with Section 8-2.1 shall be provided at any offsite plant facility furnishing pipe subject to Agency inspection during manufacture. A Field Laboratory in accordance with Section 8-3.1 shall be provided at any offsite or project site plant facility furnishing Portland cement concrete or asphalt paving material. Any other facilities for Agency personnel shall be provided only when required by the Specifications. Offices and laboratories at plants may be used concurrently by inspection personnel of other agencies provided such use does not seriously conflict with Agency use. When facilities are shared in this manner, at least one locker provided with a hasp for a padlock must be available for the exclusive use of Agency inspectors. Otherwise any facilities furnished are for the exclusive use of Agency personnel. All facilities shall conform to the applicable codes, ordinances, and regulations of the local jurisdiction and of the State of California, and shall conform to current practice. The interior shall be paneled or suitably lined to provide a facility of good appearance. The Contractor shall provide janitorial and other maintenance services in all types of facilities provided. Such services shall include the supply of the appropriate paper products and dispensers. Trash receptacles shall be provided and emptied by the Contractor at weekly intervals or sooner as required. The trash shall be removed from the project site. Revised 11/01/06 Contract No. FAC 07-01R Page 81 of 85 Pages All costs to furnish, maintain, service, and remove the specified facilities at the project site shall be included in the price bid for such facilities. If no bid item is provided in the proposal, costs ""*"""*" shall be included in other items for which bids are entered. The first progress payment will not be approved until all facilities are in place and fully comply with the Specifications. 8-2 FIELD OFFICE FACILITIES. A field office for Agency Personnel is not required. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Revised 11/01/06 Contract No. FAC 07-01R Page 82 of 85 Pages Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6- 10. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. 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 these General Provisions. 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 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 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 cpnformance 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 685.010 of the Code of Civil Procedure. Revised 11/01/06 Contract No. FAC 07-01R Page 83 of 85 Pages From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. 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 Section 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 disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 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 Section 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. Revised 11/01/06 Contract No. FAC 07-01R Page 84 of 85 Pages 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 Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made. Revised 11/01/06 Contract No. FAC 07-01R Page 85 of 85 Pages TECHNICAL SPECIFICATIONS FOR SAFETY CENTER HVAC CONTROLS UPGRADE CONTRACT NO. FAC 07-01R CITY OF CARLSBAD SAFETY CENTER ENERGY MANAGEMENT SYSTEM CONTROLS UPGRADE 2560 ORION WAY CARLSBAD, CA 92008 PROJECT NO. FAC 07-01 2006 FOR: MR. DALE SCHUCK PUBLIC WORKS SUPERVISOR 405 OAK AVENUE CARLSBAD, CA 92008 PERFORMED BY: DAHL, TAYLOR & ASSOCIATES, INC. 4631 PALMER WAY, SUITE K CARLSBAD, CA 92010 FAC 07-01R SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 SECTION # DESCRIPTION 01005 LIST OF DRAWINGS 01040 COORDINATION 01045 CUTTING AND PATCHING 01100 SUMMARY OF WORK 01330 SUBMITTAL PROCEDURES 01340 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES 01350 OPERATION AND MAINTENANCE DATA 01700 CONTRACT CLOSEOUT 01710 CLEANING 15010 BASIC MECHANICAL REQUIREMENTS 15052 SELECTIVE DEMOLITION 15100 VALVES 15930 TERMINAL AIR UNITS 15995 CONTROLS FAC 07-01R TABLE OF CONTENTS TOC-1 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 SECTION 01005 LIST OF DRAWINGS PART1. GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including the General Conditions and Supplementary Conditions and other Division-1 Specification Sections, apply to this Section. 1.02 LIST OF DRAWINGS Sheet No. Contents T-1 Title Sheet M-1 Existing Mechanical Schedules/ General Notes M-2 Existing Mechanical Schedules M-3 First Floor Control System Renovation M-4 Second Floor Controls System Renovation M-5 First Floor/Mechanical Yard Controls System Renovation M-6 Controls Wiring and Mechanical Details M-7 Controls Wiring and Details Continued M-8 AHU Control Diagram (DDC Control) PART 2. PRODUCTS (NOT APPLICABLE) PART 3.EXECUTION (NOT APPLICABLE) END OF SECTION FAC 07-01R LIST OF DRAWINGS 01005 -1 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 SECTION 01040 COORDINATION PART 1 - GENERAL 1.01 DESCRIPTION A. The Contractor shall coordinate the Work and will not delegate responsibility for coordination to any Subcontractor. B. Anticipate the interrelationship of all Subcontractors and their relationship with the Work to ensure the efficient and orderly sequence of installation of construction elements. C. Resolve differences or disputes between subcontractors and materials suppliers concerning coordination, interference, or extent of work between sections. The Contractor's decisions, if consistent with the Contract Documents, shall be final. The Owner is not required to coordinate work between sections and will not do so, nor will the Owner be responsible for any extra costs which arise from the manner in which the General Contractor chooses to subdivide the project work among his Sub-contractors. D. Coordinate the Work of Subcontractors and material suppliers so that portions of the Work are performed in a manner that minimizes interference with the progress of the Work. Prepare written memorandum on all required coordination activities as necessary and as required by Owner or Facilities Manager. E. Do not obstruct spaces and installations that are required to be clear by Applicable Code Requirements. F. Do not cover any piping, wiring, ducts, or other installations until they have been inspected and approved and required certificates of inspection issued. G. Be responsible for providing anchorage, blocking, joining and other detailing as required to provide complete project. H. Remove and replace all Work which does not comply with the Contract Documents, coordinate all cutting and patching, and repair or replace any other Work or property damaged by these operations at no increase in Contract Sum. 1. Prior to the cutting of any structural or visually significant portion of the Work, obtain written permission of the Facilities Manager as to the exact location and size of the planned Work. Submit shop drawings as required by Engineer to further delineate the Work planned. 2. For seismic restraints of mechanical systems comply with SMACNA Manual unless more stringent requirements are indicated in Division 15. 1.02 PROJECT COORDINATION A. Work out all "tight" conditions involving work of various sections in advance before installation. If necessary, and before work proceeds in these areas, prepare FAC 07-01R COORDINATION 01040-1 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 coordinating drawings and any other supplementary drawings for review showing all work in "tight" areas. Some areas that will be encountered during the project are considered non-permit-required confined spaces. Based on the CAL -OSHA definition of Confined spaces C.C.R. title 8 Section 5157(b), a non permit required confined space means a confined space that does not contain or, with respect to atmospheric hazards, have the potential to contain any hazard capable of causing death or serious physical harm. While these spaces do meet the criteria of a confined space, work within these spaces is not regulated under permit required sections of title 8, section 5157. B. Provide supplementary drawings and additional work necessary to overcome "tight" conditions at no increase in contract price. Refer to Section 01330, section titled "Shop Drawings." C. Verify that utility requirements characteristic of all operating equipment including associated work by others are compatible with the building utilities. Coordinate the Work of various Sections having interdependent responsibilities for installing, connecting to, and placing in service, such equipment. D. Coordinated layout shop drawings shall be dimensionally accurate and detailed, giving complete dimensions of all locations, elevations, and clearances. Show exact locations of the following: 1. Ductwork 2. Piping, including fire protection systems. 3. Valves and piping specialties, including all air vents and drains. 4. VAV Boxes 5. Dampers 6. Access doors 7. Control and electrical panels 8. Adjustable frequency controllers 9. Motor control centers and transformers 10. Disconnect switches 11. Electrical cable trays and main conduits E. Coordination: Coordinated layout shop drawings shall show actual architectural and structural constraints and site conditions. 1. Fully coordinate work between trades with actual architectural, structural, and site conditions. 2. Coordinate all adjustments required. Clearly identify by circling these adjustments on the coordinated layout shop drawings. 3. If Contractor has specific questions regarding coordination of the installation with structural, architectural and site conditions and work between trades, submit same with appropriate shop drawings documenting areas in question with Contractor's proposed installation. F. Submission and review of coordinated layout shop drawings: FAC 07-01R COORDINATION 01040-2 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 1. Prepare reproducible drawings. 2. Submit to each trade for review of space allocated to all trades. 3. Revise drawings to compensate for review by each trade. 4. Review revisions with each trade. 5. Submit to Engineer for review. 6. Engineer's review of coordinated layout shop drawings is only for verification that Contractor has performed coordination work as specified herein. a. Review does not include verification of exact dimensions, clearances, arrangements and/or compliance with codes. G. Final coordinated layout shop drawings shall show that all trades affected have made reviews and shall be signed by each trade at completion of coordination. a. General Contractor is to assure that each trade has coordinated work with other trades. b. Include stamp with labeled space for each trade to sign on each submittal indicating that layout shop drawing has been coordinated. c. No layout shop drawing will be reviewed without stamped and signed coordination assurance by General Contractor. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION FAC 07-01R COORDINATION 01040-3 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 SECTION 01045 CUTTING AND PATCHING PART1. GENERAL 1.01 RELATED DOCUMENTS A. 1.02 SUMMARY A. This Section specifies requirements for all cutting and patching work on the project, whether existing exposed work or work to be concealed by new work. 1.03 CUTTING AND PATCHING PROPOSAL A. Approval of procedures is required before proceeding with cutting and patching of existing exposed surfaces. Submit a proposal describing procedures in advance of the time cutting and patching will be performed. Include the following information, as applicable: 1. Describe the extent of cutting and patching required and how it is to be performed; indicate why it cannot be avoided. 2. Describe anticipated results; include changes to structural elements and operating components and changes in the building's appearance and other visual elements. 3. List products to be used and entities that will perform Work. 4. Indicate dates when cutting and patching is to be performed. 5. List utilities that will be disturbed, including those that will be relocated and those that will be temporarily out-of-service. Indicate how long service will be disrupted. Contractor shall follow procedures outlined in the Impairment Notification Form attached to Section 01100 "Summary of Work." B. Approval by the Engineer to proceed does not waive the Engineer's right to later require complete removal and replacement of Work found to be unsatisfactory. 1.04 OTHER REQUIREMENTS A. Structural Work 1. Do not cut and patch structural elements in a manner that would reduce the load-carrying capacity or load deflection ratio. Obtain approval of the cutting and patching proposal before cutting and patching structural elements. B. Operational and Safety Limitations 1. Do not cut and patch operating elements or safety components in a manner that would reduce their capacity to perform as intended, or would increase maintenance, or decrease operational life or safety. Obtain approval of the ^n*. FAC 07-01R CUTTING AND PATCHING 01045 -1 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 cutting and patching proposal before cutting and patching operating elements or safety related systems. C. Visual Requirements 1. Do not cut and patch construction exposed on the exterior or in occupied spaces, in a manner that would reduce the building's aesthetic qualities, or result in visual evidence of cutting and patching. 2. Remove and replace work cut and patched in a visually unsatisfactory manner. D. Inspection 1. Before cutting, examine surfaces to be cut and patched and conditions under which cutting and patching are to be performed. Take corrective action before proceeding if unsafe or unsatisfactory conditions are encountered. E. Temporary Support 1. Provide temporary support of Work to be cut. F. Protection 1. Protect existing construction during cutting and patching to prevent damage. Provide protection from adverse weather conditions for portions that might be exposed during cutting and patching operations. 2. Avoid interference with use of adjoining areas or interruption of free passage to adjoining areas. 3. Take all precautions to avoid cutting existing pipe, conduit or ductwork serving the building, but scheduled to be removed or relocated until provisions have been made to bypass them. G. Performance 1. Employ skilled workmen to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time and complete without delay. 2. Only cut existing construction to provide for the installation of other components or in the performance of other construction activities, and the subsequent patching required to restore surfaces to their original condition. PART 2. PRODUCTS 2.01 MATERIALS A. Use materials identical to existing materials. If identical materials are not available or cannot be used where exposed surfaces are involved, use materials that match existing adjacent surfaces to the fullest extent possible, subject to the approval of the Engineer. Use materials whose performance will equal or that surpass of existing materials. FAC 07-01R CUTTING AND PATCHING 01045 - 2 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 PART 3. EXECUTION 3.01 CUTTING A. Cut existing construction using methods least likely to damage elements to be retained or adjoining construction. Where possible review procedures with the original installer; comply with the original installer's recommendations. B. Where cutting is required, use hand or small power tools designed for sawing or grinding, not hammering and chopping. Cut holes and slots to size required with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use. To avoid marring existing finished surfaces, cut or drill from the exposed or finished side into concealed surfaces. DO NOT USE IMPACT HAMMERS OR DRILLS. C. Cut through concrete and masonry using a cutting machine with carborundum saw or diamond core drill. D. Comply with requirements of applicable sections of Division-2 where cutting and patching requires excavating and backfilling. E. Bypass utility services such as pipe or conduit, before cutting, where services are shown or required to be removed, relocated or abandoned. Cut-off pipe or conduit in walls or partitions to be removed. Cap, valve or plug and seal the remaining portion of pipe or conduit to prevent entrance of moisture or other foreign matter after by-passing and cutting. 3.02 PATCHING A. Patch with durable seams that are as invisible as possible. Comply with specified tolerances. B. Where feasible, inspect and test patched areas to demonstrate integrity of the installation. C. Restore exposed finishes of patched areas and extend finish restoration into retained adjoining construction in a manner that will eliminate evidence of patching and refmishing. D. Where the removal of walls or partitions extends one finish area into another, patch and repair floor and walls surfaces in the new space to provide an even surface of uniform color and appearance. Remove existing floor and wall coverings and replace with new materials, if necessary to achieve uniform color and appearance. E. Where patching occurs in a smooth painted surface, extend final paint coat over entire unbroken area containing the patch, after the patched area has received primer and second coat. F. Patch, repair or rehang existing ceilings as necessary to provide an even plane surface of uniform appearance. 3.03 CLEANING A. Thoroughly clean areas and spaces where cutting and patching is performed or used as access. Removal paint, mortar, oils, putty, and similar items. Thoroughly FAC 07-01R CUTTING AND PATCHING 01045 - 3 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 clean piping, conduit and similar features before painting or finishing is applied. Restore damaged pipe covering to its original condition. END OF SECTION FAC 07-01R CUTTING AND PATCHING 01045 - 4 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 SECTION 01100 SUMMARY OF WORK PART 1.00 GENERAL 1.01 DESCRIPTION A. Removal of pneumatic control system (compressor, control panels, and actuators). B. Removal of pneumatic valves and actuators from existing air handlers, VAV boxes, fan powered boxes, and fan coils. C. Removal of pneumatic thermostats. D. Installation of new air handler Controller and air handler sensors. E. Installation of new VAV box controllers (w/reheat and w/o reheat). F. Installation of new 3-way or 2-way modulating valves and actuators. G. Installation of new digital thermostats and required wiring. H. Installation of new controllers for rooftop packaged units and condensing units. I. Provide hardware and software programming for a complete and operational EMS system. J. Provide a graphics package and programming for the Energy Management System (EMS). K. Provide commissioning and testing of EMS. This shall include the testing and balancing of the existing mechanical equipment. L. Provide 8 hours of training to the City's personnel for operation and maintenance of the new EMS. 1.02 CONTRACTOR'S DUTIES In general, Contractor's duties shall include, but not be limited to the following: A. Except as otherwise noted, provide and pay for: 1. All labor, materials and equipment. 2. All tools, construction equipment and machinery. 3. All other facilities and services necessary for proper execution and completion of the work. FAC 07-01R SUMMARY OF WORK 01100 - 1 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 B. Pay legally required sales, consumer and use taxes. C. Secure and pay for, as necessary for proper execution and completion of the work, and as applicable. 1. Mechanical and electrical permit. 2. Government fees. 3. Licenses D. Give required notices. E. Comply with codes, ordinances, rules, regulations, orders and other legal requirements of public authorities, which bear on performance of the work. F. Promptly submit written notice to the Engineer of observed variance of contract documents from legal requirements. 1. Appropriate modifications to contract documents and adjust necessary changes. 2. Discontinue work known to be contrary to such requirements until change or other notice is received from the Engineer. G. Enforce strict discipline and good order among employees. Do not employ workers unfit to work safely or those not skilled in assigned task. H. Coordinate work with work by others. 1.03 WORK SCHEDULE All operations near the work areas of this contract must continue without interruption. The Contractor shall work closely with the Owner's representative in drawing up an initial work schedule and in making changes and adjustments to the schedule during the course of the work. In addition, the Engineer shall be given a copy of the Contractor's schedule and shall work diligently to meet the critical dates indicated therein to complete the project. 1.04 PROTECT OWNER'S EQUIPMENT In addition to barricades and dust seals, the Contractor shall provide dust covers and drop cloths to protect Owner's equipment, furniture, and books within the building. 1.05 CONTRACTOR'S USE OF PREMISES A. Confine operations to areas permitted by permits and these contract documents. B. Do not unreasonably encumber site with materials or equipment. FAC 07-01R SUMMARY OF WORK 01100 - 2 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 C. Do not endanger structure by overloading. D. Assume full responsibility for protection and safekeeping of building materials and equipment. E. Move any stored products, which interfere with operations of Owner or other Contractors. F. Obtain and pay for use of additional off-site storage or work areas if needed. G. Mechanical and Electrical Coordination: 1. Refer to respective specification section for detailed description of work required. 2. Report immediately to the Engineer any existing conditions differing substantially from those described or anticipated by these contract documents. H. When utilizing surrounding properties off site during construction, Contractor must first obtain permission from the legal property owner in writing. Contractor shall assume full responsibility, both financial and legal, in maintaining the property in a clean and safe condition satisfactory to the Owner or authority having jurisdiction. 1 .06 ACCESS TO THE BUILDING Contractor's access to the building shall be through door as designated by Owner's representative. 1.07 SAFETY ORDERS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work and shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's Superintendent, unless otherwise designated in writing by the Contractor to City of Carlsbad Project Manager and the Engineer. 1 .08 IMPAIRMENT NOTIFICATION PROCEDURES A. Contractor shall coordinate disconnection, shut off, or removal of security, fire protection, fire alarm, fire suppression, power, telephone, and water with Owner and Facility Administration utilizing an "Impairment Notification" form. The coordination of impairments to Owner's continued operations are particularly critical and impairments must be scheduled in advance such that Owner may make necessary provisions to maintain services to occupants. FAC 07-01R SUMMARY OF WORK 01100 - 3 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 1.09 OWNER OCCUPANCY B. Full Owner Occupancy 1. The Owner will occupy the site and existing building(s) during the entire construction period. Cooperate and coordinate with the Owner during construction operations to minimize conflicts and facilitate government usage. Perform the Work so not to interfere with the Owner's operations. C. Restrictions on Utility Shutdowns: 1. Work which requires shutting down a power circuit or fan motor shall be performed during building (or served area) unoccupied hours or with prior Owner approval. 2. Work which requires shutting down a heating system or part of a heating system shall be performed during building (or served area) unoccupied hours or when the local National Weather Service forecast calls for low temperatures not below 50°F, within the next 24 hours. Existing equipment heat controls shall not be disabled (regardless of building occupancy) when the local National Weather Service forecast calls for low temperatures below 35°F, within the next 24 hours. 3. Work which requires shutting down a cooling pump motor, cooling tower or chiller shall be performed during building (or served area) unoccupied hours or when the local National Weather Service forecast calls for high temperatures not above 80°F, within the next 24 hours. 1.10 WORK SEQUENCE A. In accordance with Section 01040 and the General Conditions, the Contractor shall submit a detailed work sequence plan with a phased time schedule of its operations, describing and showing when and how long the work effort will require for each phase of construction. The schedule shall meet the restrictions and conditions specified in the Contract Documents. The detailed work sequence plan shall also describe the Contractor's method of removing portions of the HVAC system from service, the work to be completed during system interruption, and the said length of time required to complete said operation B. This detailed work sequence plan shall be completed by the Contractor and ready for review within 15 calendar days after issuance of the Notice to Proceed. The plan will be reviewed by the City Project Manager and Engineer for compliance with this section and evidence of ability to complete the effort within the contract completion date. C. The work sequence shall include, and is not limited to, the items described in Section 1.01 DESCRIPTION. END OF SECTION FAC 07-01R SUMMARY OF WORK 01100 - 4 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 SECTION 01330 SUBMITTAL PROCEDURES PART 1 GENERAL 1.1 SECTION INCLUDES A. Section Includes: 1. Submittal procedures. 2. Product Data, Shop Drawings, and Samples. 3. Assurance/Control submittals. a. Certificates. b. Manufacturer's installation instructions. 4. Architect's action. B. Related Documents: The Contract Documents, as defined in Section 01100 - Summary of Work, apply to the Work of this Section. Additional requirements and information necessary to complete the Work of this Section may be found in other documents. 1.2 SUBMITTALS A. Submit two copies of proposed Schedule of Submittals to City Project Manager/Engineer within 30 days after receipt of Notice to Proceed. List all items require submittal for review and approval by City Project Manager/Engineer. B. Submit two copies of final Schedule of Submittals to City Project Manager/Engineer within 2 days after receipt of proposed Schedule of Submittals review from City Project Manager/Engineer. C. Submit schedule on City Project Manager/Engineer approved form or on a form provided to Contractor by City Project Manager/Engineer. D. Schedule of Submittals: Include the following. 1. Indicate type of submittal; product data, shop drawing, sample, certificate, or other submittal. 2. Identify by Specification Section number, Specification paragraph number where item is specified, and description of item being submitted. 3. Indicate scheduled date for initial submittal, date for approval, and date for possible resubmittal for each submittal. E. Coordinate Schedule of Submittals with Construction Schedule. Revise and update Schedule of Submittals when required by changes in the Construction Schedule. Provide City Project Manager/Engineer with updated schedules within 2 days of date schedule is revised. 1.3 SUBMITTAL PROCEDURES A. Transmit each submittal with City Project Manager/Engineer accepted form. Submit 3 copies of each transmittal. FAC 07-01R SUBMITTAL PROCEDURES 01330 -1 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 B. Sequentially number transmittal form. Revise submittals with original number and a sequential alphabetic suffix. C. Identify Project, Contractor, Subcontractor or supplier; pertinent drawing and detail number, and specification section number, as appropriate. D. Apply Contractor's stamp, signed or initialed certifying that review, verification of Products required, field dimensions, adjacent construction Work, and coordination of information, is in accordance with the requirements of the Work and Contract Documents. E. Schedule submittals to comply with scheduling requirements of Construction Schedule F. For each submittal for review, allow 10 days excluding delivery time to and from the Contractor. G. Identify variations from Contract Documents and Product or system limitations, which may be detrimental to successful performance of the completed Work. H. Provide space for Contractor and A/E review stamps. I. Revise and resubmit and identify all changes made since previous submission. J. Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly report any inability to comply with provisions. K. Submittals not requested will not be recognized or processed. 1.4 PRODUCT DATA A. Product data includes printed information such as catalog cuts, manufacturer's published instructions, standard color charts, roughing-in diagrams and templates, standard wiring diagrams, performance curves and other similar items. B. Submit the number of copies, which the Contractor requires, plus three copies, which will be retained by City Project Manager/Engineer. C. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data, and provide information, unique to this Project. D. Indicate Product utility and electrical characteristics, utility connection requirements, and location of utility outlets for service for functional equipment and appliances. 1.5 SHOP DRAWINGS A. Shop Drawings: Submit for review. After review, produce copies and distribute in accordance with the SUBMITTAL PROCEDURES article above. FAC 07-01R SUBMITTAL PROCEDURES 01330 -2 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 B. Indicate special utility and electrical characteristics, utility connection requirements, and location of utility outlets for service for functional equipment and appliances. 1.5 SAMPLES A. Submit samples to illustrate functional and aesthetic characteristics of the Product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. B. Submit sample of finishes for colors selected, textures, and patterns for City Project Manager/Engineer selection. C. Include identification on each sample, with full Project information. D. Submit the number of samples specified in individual specification sections; one of which will be retained by the City Project Manager/Engineer. 1.6 CERTIFICATES A. When specified in individual specification sections, submit certification by manufacturer to City Project Manager/Engineer, in quantities specified for Product Data. B. Indicate material or Product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on material or Product, but must be acceptable to City Project Manager/Engineer. 1.7 MANUFACTURER INSTALLATION INSTRUCTIONS A. When specified in individual specification sections, submit printed instructions for delivery, storage, assembly, installation, adjusting, and finishing, to City Project Manager/Engineer in quantities specified for Product Data. B. Indicate special procedures, perimeter conditions requiring special attention, and special environmental criteria required for application or installation. 1.8 CITY PROJECT MANAGER/ENGINEER ACTION A. For submittals where action and return is required or requested, A/E will review each submittal, mark to indicate action to be taken, and return promptly; generally within 10 calendar days from date of receipt. 1. Compliance with specified characteristics is the Contractor's responsibility. Approval by the City Project Manager/Engineer or A/E shall not in any way be deemed to release the Contractor from full responsibility for complete and accurate performance of the Work in accordance with the Contract Drawings and Specifications neither shall such approval release the Contractor from any liability placed upon him by any provision in the Form of Contract. 2. Submittals for information, closeout documents, record documents and other submittals for similar purposes, no action will be taken. FAC 07-01R SUBMITTAL PROCEDURES 01330 -3 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 B. Action Stamp: A/E will stamp each submittal with a uniform, self-explanatory action stamp. The stamp will be appropriately marked to indicate the action taken. The following notes are typical examples of the action items on submittal stamps. 1. "Accepted": Final Unrestricted Release. Where submittals are marked "Accepted", that part of the Work covered by the submittal may proceed provided it complies with requirements of the Contract Documents; final acceptance will depend upon that compliance. 2. "Accepted as Noted": Final-But-Restricted Release. When submittals are marked "Accepted as Noted", that part of the Work covered by the submittal may proceed provided it complies with notations or corrections on the submittal and requirements of the Contract Documents; final acceptance will depend on that compliance. 3. "Rejected: Submit Specified Item" or "Revise and Resubmit": Returned for Resubmittal. When submittal is marked "Rejected: Submit Specified Item", "Revise and Resubmit," do not proceed with that part of the Work covered by the submittal, including purchasing, fabrication, delivery, or other activity. Revise or prepare a new submittal in accordance with the notations; resubmit without delay. Repeat if necessary to obtain a different action mark. a. Do not permit submittals marked "Rejected: Submit Specified Item" or "Revise and Resubmit," to be used at the Project site, or elsewhere where Work is in progress. 4. "Returned - Not Required": Where a submittal is primarily for information or record purposes, special processing or other activity, the submittal will be returned, marked "Returned - Not Required". PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION FAC 07-01R SUBMITTAL PROCEDURES 01330-4 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 SECTION 01340 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES PART 1.00 GENERAL 1.01 DESCRIPTION A. Submit shop drawings, product data and samples required by the project documents to the Engineer. B. Designate in the Order of the Work Progress Schedule, or in a separate coordinated schedule, the dates for submission and the dates that reviewed shop drawings, product data and samples will be needed. 1.02 SHOP DRAWINGS A. Present drawings in a clear and thorough manner. Identify details by reference to sheet and detail, schedule, room numbers, as shown on contract drawings. B. Sheet size: As required to present all components properly. 1.03 PRODUCT DATA A. Preparation: 1. Clearly mark each copy to identify pertinent products or models. 2. Show performance characteristics and capacities. 3. Show dimensions and clearances required. 4. Show wiring or piping diagrams and controls. B. Manufacturer's standard schematic drawings and diagrams: 1. Modify drawings and diagrams to delete information which is not applicable to the work. 2. Supplement standard information to provide information specifically applicable to the work. 1.04 CONTRACTOR RESPONSIBILITIES A. Prior to submittal: 1. Review and approve shop drawings, product data and samples. FAC 07-01R SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES 01340 - 1 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 2. Coordinate each submittal with work of the project and contract documents so as to cause no delays in the work. 3. By approving and submitting shop drawings, product data and samples, the Contractor represents that he has determined and verified all materials, field measurements, and field construction criteria related thereto, or will do so, and that he has checked and coordinated the information contained within such submittals with the requirements of the work and of the contract documents. 4. The Contractor shall not be relieved of responsibility for any deviation from the requirements of the contract documents by the Engineer's acceptance unless the Contractor has specifically informed the Engineer, in writing, of such deviation at the time of submission and the Engineer has given written acceptance to the specific deviation. 5. Contractor's responsibility for errors and omissions in submittals or deviations from contract documents is not relieved by the Engineer's review of submittals. 6. The Contractor shall direct specific attention, in writing or on resubmitted shop drawings, product data or samples, to revisions other than those requested by the Engineer on previous submittals. B. After submittal: 1. Begin no work which requires submittals until return of such submittals with the Engineer's stamp and signature indicating review. 2. Distribute copies of submittals to subcontractor's suppliers or manufacturers as their interests appear. 1.05 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with reviewed construction schedule and in such sequence as to cause no delay in the work or in the work of any other contractor. Provide separate transmittal for each submission. Do not combine different submittals in one transmittal. B. Number of submittals required: 1. Shop Drawings: Submit the number of reproducible drawings which the Contractor requires, plus four copies which will be retained by the Engineer, the Consultant and the County. 2. Product Data: Submit the number of copies which the Contractor requires, plus four which will be retained by the Engineer, the Consultant and County. FAC 07-01R SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES 01340-2 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 3. Samples: Submit the number stated in each applicable specification section. C. Submittals shall contain: 1 . The date of submission and the dates of previous submissions. 2. The project title and number. 3. Contract identifications. 4. The names of: a. Owner b. Contractor c. Supplier d. Manufacturer e. Engineer 5. Identification of the product, with the specification number. 6. Field dimensions, clearly identified as such. 7. Relation to adjacent or critical features of the work or materials.l , 8. Applicable standards, such as ASTM or Federal specification numbers. 9. Identification of deviations from contract documents. 10. Identification of revisions on resubmittals. 11. An 8" x 4" blank space for Contractor's and Engineer's stamps. 12. Contractor's stamp, initialed or signed and dated, certifying to review of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the work and of the contract documents. 1.06 RESUBMISSION REQUIREMENTS A. Make corrections and changes required by the Engineer and resubmit until accepted. If the Engineer's review stamp indicates "Make Corrections as Noted," it is not necessary to resubmit. B. Shop drawings and product data: 1 . Revise initial drawings or data, and resubmit as specified for the initial submittal. FAC 07-01 R SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES 01340-3 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 2. Indicate changes which have been made other than those requested by the Engineer. C. Samples: Submit new samples as required for initial submittal. 1.07 DISTRIBUTION Distribute reproductions of Engineer accepted shop drawings and product data to: 1. Job site file. 2. Record documents file. 3. Other affected contractors. 4. Subcontractors. 5. Supplier or fabricator. END OF SECTION FAC 07-01R SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES 01340-4 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 SECTION 01350 OPERATION AND MAINTENANCE DATA PART 1.00 GENERAL 1.01 DESCRIPTION A. Work Included: To aid in the continued instruction of operating and maintenance personnel, and to provide a positive source of information regarding the products incorporated in the work, furnish and deliver the data described in this Section and in pertinent other Sections of these Specifications. B. Related Work Described Elsewhere: 1. Make all submittals in strict accordance with the provisions of Section 01340. 2. Required contents of submittals may also be amplified in the pertinent other Sections. 1.02 QUALITY ASSURANCE In preparation of data required by this Section, use only personnel who are thoroughly trained and experienced in operation and maintenance of the described items, completely familiar with the requirements of this Section, and skilled in technical writing to the degree needed for communicating the essential data. 1.03 SUBMITTALS Submit five copies of the Manual to the Engineer prior to indoctrination of operation and maintenance personnel. PART 2.00 PRODUCTS 2.01 INSTRUCTION MANUALS A. General: Where instruction manuals are required to be submitted under other Sections of these Specifications, prepare in accordance with the following: B. Format: 1. Size: 8-1/2" x 11" 2. Paper: White bond, at least 20 Ib. weight. 3. Text: Neatly typewritten. 4. Drawings: 11" in height preferable; bind with text; foldout acceptable; larger drawings acceptable, but fold to fit within the manual and provide a drawing pocket inside the rear cover or bind in with text. FAC 07-01R OPERATION AND MAINTENANCE DATA 01350 -1 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 5. Flysheets: Separate each portion of the manual with neatly prepared flysheets briefly describing contents of the ensuing portion; flysheets may be in color. 6. Binding: Use heavy duty plastic or cardboard covers with binding mechanism concealed inside the manual; 3-ring binders will be acceptable; all binding shall be subject to the Architect's approval. 7. Measurements: Show in U.S. measurements. C. Covers: Provide front and back covers for each manual, using DURABLE HIGH QUALITY BINDERS and clearly identified on or through the front cover with at least the following information: CITY OF CARLSBAD PUBLIC WORKS 405 OAK AVENUE CARLSBAD, CA 92008 Dahl, Taylor & Associates, Inc. Consulting Mechanical & Electrical Engineers ( Name of Contractor ) ( General Subject of this Manual ) D. Contents: Include at least the following: 1. Neatly typewritten index near the front of the manual, giving immediate information as to location within the manual of all data regarding the installation. 2. Complete instructions regarding operation and maintenance of all equipment involved, including lubrication, disassembly, and re-assembly. 3. Complete nomenclature of all parts of all equipment. 4. Complete nomenclature and part number of all replaceable parts, name and address of nearest vendor, and all other pertinent data regarding procurement procedure. 5. Electrostatic copy of all guarantees and warranties issued. 6. Manufacturer's bulletins, cuts and descriptive data, where pertinent, clearly indicating precise items included in this installation and deleting, or otherwise clearly indicating, all manufacturer's data with which this installation is not concerned. 7. Such other data as required in pertinent other Sections of these Specifications. FAC 07-01R OPERATION AND MAINTENANCE DATA 01350 - 2 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 PART 3.00 EXECUTION 3.01 Complete the manuals and make five copies for distribution. END OF SECTION FAC 07-01R OPERATION AND MAINTENANCE DATA 01350 - 3 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 SECTION 01700 CONTRACT CLOSEOUT PART 1.00 GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.02 SUMMARY A. This Section includes administrative and procedural requirements for contract closeout including, but not limited to, the following: 1. Inspection procedures. 2. Project record document submittal. 3. Operation and maintenance manual submittal. 4. Submittal of warranties. 5. Final cleaning. B. Closeout requirements for specific construction activities are included in the appropriate Sections in Divisions 2 through 16. 1.03 SUBSTANTIAL COMPLETION A. Preliminary Procedures: Before requesting inspection for certification of Substantial Completion, complete the following. List exceptions in the request. 1. In the Application for Payment that coincides with, or first follows, the date Substantial Completion is claimed, show 100 percent completion for the portion of the Work claimed as substantially complete. a. Include supporting documentation for completion as indicated in these Contract Documents and a statement showing an accounting of changes to the Contract Sum. b. If 100 percent completion cannot be shown, include a list of incomplete items, the value of incomplete construction, and reasons the Work is not complete. 2. Submit specific warranties, workmanship bonds, maintenance agreements, final certifications, and similar documents. 3. Obtain and submit releases enabling the Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases. 4. Submit record drawings, maintenance manuals, final project photographs, damage or settlement surveys, property surveys, and similar final record information. 5. Deliver tools, spare parts, extra stock, and similar items. FAC 07-01R CONTRACT CLOSEOUT 01700 -1 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 6. Complete startup testing of systems and instruction of the Owner's operation and maintenance personnel. Discontinue and remove temporary facilities from the site, along with mockups, construction tools, and similar elements. 7. Complete final cleanup requirement, including touchup painting. 8. Touch up and otherwise repair and restore marred, exposed finishes. B. Inspection Procedures: On receipt of a request for inspection, the Engineer will either proceed with inspection or advise the Contractor of unfilled requirements. The Engineer will prepare the Certificate of Substantial Completion following inspection or advise the Contractor of construction that must be completed or corrected before the certificate will be issued. 1. The Engineer will repeat inspection when requested and assured that the Work, is substantially complete. 2. Results of the completed inspection will form the basis of requirements for final acceptance. 1.04 FINAL ACCEPTANCE A. Preliminary Procedures: Before requesting final inspection for certification of final acceptance and final payment, complete the following. List exceptions in the request. 1. Submit the final payment request with releases and supporting documentation not previously. 2. Submit consent of surety to final payment. 3. Submit a final liquidated damages settlement statement. 4. Submit evidence of final, continuing insurance coverage complying with insurance requirements. B. Reinspection Procedure: The Engineer will reinspect the Work upon receipt of notice that the Work, including inspection list items from earlier inspections, has been completed, except for items whose completion is delayed under circumstances acceptable to the Engineer. 1. Upon completion of reinspection, the Engineer will prepare a certificate of final acceptance. If the Work is incomplete, the Engineer will advise the Contractor of Work that is incomplete or of obligations that have not been fulfilled but are required for final acceptance. 2. If necessary, reinspection will be repeated. 1.05 RECORD DOCUMENT SUBMITTALS A. General: Do not use record documents for construction purposes. Protect record documents from deterioration and loss in a secure, fire-resistant location. Provide access to record documents for the Engineer's reference during normal working hours. B. Record Drawings: Maintain a clean, undamaged set of blue or black line white-prints of Contract Drawings and Shop Drawings. Mark the set to show the actual installation where the installation varies substantially from the Work as originally shown. Mark which drawing is most capable of showing conditions fully and accurately. Where Shop FAC 07-01R CONTRACT CLOSEOUT 01700 - 2 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 Drawings are used, record a cross-reference at the corresponding location on the Contract Drawings. Give particular attention to concealed elements that would be difficult to measure and record at a later date. 1. Mark record sets with red erasable pencil. Use other colors to distinguish between variations in separate categories of the Work. 2. Mark new information that is important to the Owner but was not shown on Contract Drawings or Shop Drawings. 3. Note related change-order numbers where applicable. C. Record Sample Submitted: Immediately prior to Substantial Completion, the Contractor shall meet with the Engineer and the Owner's personnel at the Project Site to determine which Samples are to be transmitted to the Owner for record purposes, Comply with the Owner's instructions regarding delivery to the Owner's Sample storage area. D. Miscellaneous Record Submittals: Refer to other Specification Sections for requirements of miscellaneous record keeping and submittals in connection with actual performance of the Work. Immediately prior to the date or dates of Substantial Completion, complete miscellaneous records and place in good order. Identify miscellaneous records properly and bind or file, ready, for continued use and reference. Submit to the Engineer for the Owner's records. E. Maintenance Manuals: Organize operation and maintenance data into suitable sets of manageable size. Bind properly indexed data in individual, heavy-duty, 2-inch (51-mm), 3-ring, vinyl-covered binders with pocket folders for folded sheet information. Mark appropriate identification on front and spine of each binder. Include the following types of information: 1. Emergency instructions. 2. Spare parts list. 3. Copies of warranties. 4. Wiring diagrams. 5. Recommended "turnaround" cycles. 6. Inspection procedures. 7. Shop Drawings and Product Data. 2.00 EXECUTION 2.01 CLOSEOUT PROCEDURES A. Operation and Maintenance Instructions: Arrange for each Installer of equipment that requires regular maintenance to meet with the Owner's personnel to provide instruction in proper operation and maintenance. Provide instruction by manufacturer's representatives if installers are not experienced in operation and maintenance procedures. Include a detailed review of the following items: 1. Maintenance manuals. 2. Record documents. 3. Spare parts and materials. 4. Tools. FAC 07-01R CONTRACT CLOSEOUT 01700 - 3 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 5. Identification systems. 6. Control sequences. 7. Cleaning. 8. Warranties and bonds. 9. Maintenance agreements and similar continuing commitments. B. As part of instruction for operating equipment, demonstrate the following procedures: 1. Startup. 2. Shutdown. 3. Emergency operations. END OF SECTION FAC 07-01R CONTRACT CLOSEOUT 01700 - 4 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 SECTION 01710 CLEANING PART 1.00 GENERAL 1.01 DESCRIPTION A. Keep premises and public properties free from accumulations of waste, debris, and rubbish caused by construction operations. B. Daily remove waste materials, rubbish, tools, equipment, machinery and surplus materials, and clean all exposed surfaces; leave project clean and ready for occupancy. 1.02 SAFETY REQUIREMENTS A. Standards: Maintain project in accordance with state and local safety and insurance standards. B. Hazards control: 1. Store volatile wastes in OSHA or local government-approved covered metal containers, and remove from premises daily. 2. Prevent accumulation of wastes which create hazardous conditions. 3. Provide adequate ventilation during use of volatile substances. C. Conduct cleaning and disposal operations to comply with local ordinances and anti-pollution laws. 1. Do not burn or bury rubbish and waste materials on project site. 2. Do not dispose of volatile wastes such as mineral spirits, oil, or paint thinner in storm or sanitary drains. Store in containers with tight-fitting lids and remove to legal dump site. 2.00 PRODUCTS 2.01 MATERIALS A. Use only those cleaning materials which will not create hazards to health and property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturer of the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by the cleaning material manufacturer. 3.00 EXECUTION FAC07-01R CLEANING 01710-1 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 3.01 DURING CONSTRUCTION A. Keep premises and public properties free from accumulations of waste materials and rubbish. B. Wet down materials and rubbish to lay dust and prevent it from blowing. C. At least once a week, or sooner if required, clean site and public properties, and dispose of waste materials, debris and rubbish off the site in a legal manner. Remove combustible materials such as paper and cardboard daily. D. Provide on-site containers for collection of waste materials, debris and rubbish. Provide a collection can at each location used as an eating area. Pick up all garbage daily. E. Remove waste materials, debris and rubbish from site and legally dispose of at legal public or private dumping areas. Do not bury or burn waste materials at the site. F. Vacuum clean interior areas when ready to receive finish painting. G. Handle materials in a controlled manner with as little handling as possible; do not drop or throw materials from heights. H. Schedule cleaning operations so that dust and other contaminants resulting from cleaning process will not fall on wet, newly painted surfaces. 3.02 FINAL CLEANING A. Employ experienced workmen, or professional cleaners, for final cleaning. B. In preparation for beneficial occupancy, conduct final inspection of sight-exposed interior and exterior surfaces, and of concealed spaces. C. Remove grease, mastic, adhesive, dust, dirt, stains, labels, fingerprints and other foreign materials from sight-exposed finished surfaces; polish surfaces to shine finish. D. Repair, patch and touch up marred surfaces to specified finish to match adjacent surfaces. E. Broom clean paved surfaces; rake clean other surfaces of grounds. F. Keep project clean until it is occupied by Owner. G. If Contractor fails to clean up, Owner may do so and the cost thereof shall be charged to the Contractor. END OF SECTION FAC 07-01R CLEANING 01710-2 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 SECTION 15010 BASIC MECHANICAL REQUIREMENTS PART 1 - GENERAL 1.1 SECTION INCLUDES A. This Section specifies general administrative and procedural requirements for plumbing and HVAC systems specified in Division 15 - Mechanical. The following administrative and procedural requirements are included in this Section to expand the requirements specified in Division 1 - General Requirements: 1. Project conditions for mechanical Work. 2. Submittals. 3. Coordination drawings. 4. Record documents. 5. Maintenance manuals. 6. Delivery, storage and handling. 7. Warranty requirements. 8. Rough-in requirements. 9. Mechanical installations. 10. Cutting and patching. B. Related Sections: 1. Division 1 - General Requirements: Requirements for administration of the Contract, applicable to Work specified in all Sections of the Specifications. 1.2 PROJECT CONDITIONS FOR MECHANICAL WORK A. Locations and Configurations: Contract drawings are schematic. Contract drawings show the specifc requirements as to sizes and capacities of equipment, ducts and pipes. Space allotted and the approximate locations of equipment, ducts and pipes are shown. Install work in locations and configurations as shown on the drawings. 1. Layout and sequence Work to minimize conflicts between various systems, including Work specified in other Sections. BASIC MECHANICAL REQUIREMENTS 15010-1 FAC 07-01R SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 2. Make minor adjustments in equipment and system layouts and routing as necessary to accommodate project conditions. See article below titled "COORDINATION DRAWINGS." B. Supports and Backing: 1. Coordinate layout of hangers and supports with related Work and Work which must occupy the same general space, such as lighting fixtures, conduit and ceiling suspension system. 2. Coordinate layout of mechanical Work with structural framing and backing and blocking work, so that adequate supports and backing are provided in a manner which does not conflict with Work specified in other Sections. C. Location and Configuration Conflicts: In the event of conflicts between project conditions and locations and configurations shown on drawings which require more than minor adjustments, provisions of the Conditions of the Contract shall govern resolution of conflicts, including changes in contract sum and contract time. 1. Contractor shall prepare drawings showing proposed rearrangement of Work to accommodate Project conditions and submit to Architect for review and direction. 2. Drawings shall include modifications to Work specified in other Divisions. Obtain directions from Architect before proceeding with adjustments and modifications. D. Underground Utilities: Known underground services are shown at approximate locations on drawings. Contractor shall exercise extreme care to avoid damage in exposing underground services. 1. Where an underground facility is encountered which is not shown on drawings or mentioned in any other contract document, Contractor shall immediately notify Owner and Architect and responsible utility agency for direction. 2. Do not proceed with Work until direction is received. 1.3 SUBMITTALS A. Shop Drawings and Product Data: Refer to Section 01330 - Submittals, for requirements. Additionally, comply with the following for submittals specified in Division 15 sections. 1. Submit shop drawings and product data grouped to include complete submittals of related systems, products and accessories in a single submittal. 2. Indicate dimensions and values in units to match those specified. BASIC MECHANICAL REQUIREMENTS 15010-2 FAC 07-01R SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 3. Include product data, materials lists, installation instructions, colors and finish samples, fabrication and installation drawings, calculations and other descriptive materials to completely describe proposed products and installation. 4. Identify each item by manufacturer, brand or trade name, number, size, rating and whatever other data are necessary to properly identify and check the materials and equipment. The notation "as specified" will not be considered sufficient identification. 5. Each submitted item shall refer to the specification section and paragraph number in which the item is specified. B. Coordination in Submittals: Submittals shall show evidence that field conditions have been confirmed and have been coordinated with Work specified in other sections or to be provided under separate contracts. 1.4 COORDINATION DRAWINGS A. Coordination Drawings: Prepare coordination drawings in accordance with Section 01040 - Coordination, to a scale of 1/4" = 1'-0" or larger; detailing .major elements, components, and systems of mechanical equipment and materials in relationship with other systems, installations, and building components. Indicate locations where space is limited for installation and access and where sequencing and coordination of installations are of importance to the efficient flow of the Work, including (but not necessarily limited to) the following: 1. Indicate the proposed locations of piping, ductwork, equipment, and materials. Include the following: a. Clearances for installing and maintaining insulation. b. Clearances for servicing and maintaining equipment, including tube removal, filter removal, and space for equipment disassembly required for periodic maintenance. c. Equipment connections and support details. d. Exterior wall and foundation penetrations. e. Fire-rated wall and floor penetrations. f. Sizes and location of required concrete pads and bases. g. Valve stem movement. 2. Indicate scheduling, sequencing, movement, and positioning of large equipment into the building during construction. 3. Prepare floor plans, elevations, and details to indicate penetrations in floors, walls, and ceilings and their relationship to other penetrations and installations. 4. Prepare reflected ceiling plans to coordinate and integrate installations, air outlets and inlets, light fixtures, communication systems components, sprinklers, and other ceiling-mounted items. BASIC MECHANICAL REQUIREMENTS 15010-3 FAC 07-01R SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 1.5 RECORD DOCUMENTS A. Record Documents: Prepare Project Record Documents in accordance with the requirements in Section 01700 - Contract Closeout. Additionally, indicate the following installed conditions: 1. Ductwork mains and branches, size and location; locations of dampers and other control devices; and fire and/or smoke dampers. 2. Equipment locations (exposed and concealed), dimensioned from prominent building lines. 3. Approved substitutions, Contract Modifications, and actual equipment and materials installed. 1.6 OPERATION AND MAINTENANCE MANUALS A. Provide Operation and Maintenance (O&M) manuals in accordance with Section 01700 - Contract Closeout. Additionally, include the following information for equipment items: 1. Description of function, normal operating characteristics and limitations, performance curves, engineering data and tests, and complete nomenclature and commercial numbers of replacement parts. 2. Manufacturer's printed operating procedures to include start-up, break-in, and routine and normal operating instructions; regulation, control, stopping, shutdown, and emergency instructions; and summer and winter operating instructions. 3. Maintenance procedures for routine preventive maintenance and troubleshooting; disassembly, repair, and reassembly; aligning and adjusting instructions. 4. Servicing instructions and lubrication charts and schedules. 1.7 DELIVERY, STORAGE, AND HANDLING A. Delivery, Storage and Handling: Provide temporary storage enclosures and covers as necessary to prevent damage and deterioration of materials and equipment. 1.8 WARRANTY REQUIREMENTS A. Warranty: Warranty period shall also apply to services, including instruction, adjustment, testing, noise control and balancing. B. Warranty Submittals: Prepare and submit warranties in accordance with Section 01700 - Contract Closeout. BASIC MECHANICAL REQUIREMENTS 15010-4 FAC 07-01R SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 1. Additionally, include in warranty the rebalancing and adjustment of entire systems or parts thereof, as required for proper operation for a minimum of one year after Contract completion date established Certificate of Completion. 2. Refer to individual product Sections of Division 15 for warranties extending beyond one year after Contract completion date. PART 2 - PRODUCTS 2.1 GENERAL A. All equipment and materials shall be new and the current model or type of a manufacturer regularly engaged in their production. Where two or more units of the same class of equipment are required, they shall be products of the same manufacturer. B. Equipment shall fit into the space allotted and shall allow adequate and acceptable clearances for entry, servicing and maintenance. The work shall be provided in an arrangement which will not necessitate cutting of structural members which not interfere with lighting or doors, and which will present the best appearance possible. C. Where equipment or materials are specified to be approved by and constructed and/or tested in accordance with the published standard of the UL, AMCA, ARI, or any similar nationally recognized agency, the Contractor shall submit proof that the items furnished under this specification conform to such requirements. PART 3 - EXECUTION 3.1 ROUGH-IN REQUIREMENTS A. Rough-In: Verify final locations for rough-ins with field measurements and with the requirements of the actual equipment to be fitted and connected. B. Refer to product specifications in Divisions 2 through 16 for additional requirements and coordination for rough-in provisions. 3.2 MECHANICAL INSTALLATIONS A. Products Installation: Products shall be installed in accordance with applicable requirements of authorities having jurisdiction and in accordance with manufacturer's instructions and recommendations. Sequence, coordinate, and integrate the various elements of mechanical systems, materials, and equipment. Comply with the following requirements: 1. Coordinate mechanical systems, equipment, and materials installation with other building components. 2. Verify all dimensions by field measurements. BASIC MECHANICAL REQUIREMENTS 15010-5 FAC 07-01R SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 3. Arrange for chases, slots, and openings in other building components during progress of construction, to allow for mechanical installations. 4. Coordinate the installation of required supporting devices and sleeves to be set in poured-in-place concrete and other structural components, as they are constructed. 5. Sequence, coordinate, and integrate installations of mechanical materials and equipment for efficient flow of the Work. Give particular attention to large equipment requiring positioning prior to closing in the building. 6. Where mounting heights are not detailed or dimensioned, install systems, materials, and equipment to provide the maximum headroom possible. 7. Coordinate connection of mechanical systems with exterior underground and overhead utilities and services. Comply with requirements of governing regulations, franchised service companies, and controlling agencies. Provide required connection for each service. 8. Install systems, materials, and equipment to conform with approved submittal data, including coordination drawings, to greatest extent possible. Conform to arrangements indicated by the Contract Documents, recognizing that portions of the Work are shown only in diagrammatic form. Where coordination requirements conflict with individual system requirements, refer conflict to the Architect. 9. Install systems, materials, and equipment level and plumb, parallel and perpendicular to other building systems and components, where installed exposed in finished spaces. 10. Install mechanical equipment to facilitate servicing, maintenance, and repair or replacement of equipment components. As much as practical, connect equipment for ease of disconnecting, with minimum of interference with other installations. 11. Install access panel or doors where units are concealed behind finished surfaces. 12. Install systems, materials, and equipment giving right-of-way priority to systems required to be installed at a specified slope. 3.3 CUTTING AND PATCHING A. Cutting and Patching, General: Perform cutting and patching in accordance with Section 01045 - Cutting and Patching. Additionally, the following requirements apply: 1. Protection of Installed Work: During cutting and patching operations, protect adjacent installations. BASIC MECHANICAL REQUIREMENTS 15010-6 FAC 07-01R SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 B. Perform cutting, fitting, and patching of mechanical equipment and materials required to: 1. Uncover Work to provide for installation of ill-timed Work. 2. Remove and replace defective Work. 3. Remove and replace Work not conforming to requirements of the Contract Documents. 4. Remove samples of installed Work as specified for testing. 5. Upon written instructions from the Architect, uncover and restore Work to provide for Architect/Engineer observation of concealed Work. C. Protect the structure, furnishings, finishes, and adjacent materials during construction. END OF SECTION BASIC MECHANICAL REQUIREMENTS 15010-7 FAC 07-01R SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 SECTION 15052 SELECTIVE DEMOLITION PART 1 - GENERAL 1.01 SECTION INCLUDES A. This Section includes limited scope general construction materials and methods for application with mechanical installations as follows: 1. Nondestructive removal of materials and equipment for reuse or salvage as indicated. 2. Dismantling mechanical materials and equipment made obsolete by these installations. 1.02 SUBMITTALS A. General: Submit the following in accordance with Conditions of Contract and Division 1 and 15 Specification Sections. B. Schedules indicating proposed methods and sequence of operations for selective demolition prior to commencement of Work. Include coordination for shut-off of utility services and details for dust and noise control. 1. Coordinate sequencing with construction phasing and Owner occupancy specified in Division 1. 1.03 PROJECT CONDITIONS A. Conditions Affecting Selective Demolition: The following project conditions apply: 1. Protect adjacent materials indicated to remain. Install and maintain dust and noise barriers to keep dirt, dust, and noise from being transmitted to adjacent areas. Remove protection and barriers after demolition operations are complete. 2. Locate, identify, and protect mechanical services passing through demolition area and serving other areas outside the demolition limits. Maintain services to areas outside demolition limits. When services must be interrupted, install temporary services for affected areas. Provide minimum of 48-hour notice to Architect prior to utility interruption. 1.04 SEQUENCE AND SCHEDULING A. Coordinate the shut-off and disconnection of utility services with the Owner and the utility company. SELECTIVE DEMOLITION 15052-1FAC 07-01R SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 B. Notify the Engineer at least 5 days prior to commencing demolition operations. C. Perform demolition in phases as indicated. PART 2 - PRODUCTS (Not Applicable). PART 3 - EXECUTION 3.01 EXAMINATION A. Examine areas where selective demolition is to occur. Determine extent of work and affect on existing conditions to remain. Advise Architect of any conditions that might create extensive alterations beyond indicated scope. 3.02 SELECTIVE DEMOLITION A. General: Demolish, remove, demount, and disconnect abandoned mechanical materials and equipment indicated to be removed and not indicated to be salvaged or saved. B. Materials and Equipment To Be Salvaged: Remove, demount, and disconnect existing mechanical materials and equipment indicated to be removed and salvaged, and deliver materials and equipment to the location designated for storage. C. Disposal and Cleanup: Remove from the site and legally dispose of demolished materials and equipment not indicated to be salvaged. D. Mechanical Materials and Equipment: Demolish, remove, demount, and disconnect the following items: 1. Inactive and obsolete piping, fittings and specialties, equipment, ductwork, controls, fixtures, and insulation. E. Piping and ducts embedded in floors, walls, and ceilings may remain if such materials do not interfere with new installations. Remove materials above accessible ceilings. Drain and cap piping and ducts allowed to remain. 1. Perform cutting and patching required for demolition. END OF SECTION SELECTIVE DEMOLITION 15052-2 FAC 07-01R SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 SECTION 15100 VALVES PART 1 - GENERAL 1.01 SECTION INCLUDES A. This Section includes general duty valves common to most mechanical piping systems. 1. Special purpose valves are specified in individual piping system specifications. 1.02 RELATED SECTIONS A. Division 15 Section "Mechanical Identification" for valve tags and charts. 1.03 SUBMITTALS A. General: Submit the following in accordance with Conditions of Contract, Division 1 Specification Sections, Section 15010 "Basic Mechanical Requirements." 1. Product data, including body material, valve design, pressure and temperature classification, end connection details, seating materials, trim material and arrangement, dimensions and required clearances, and installation instructions. 2. Valve schedule showing manufacturer's figure number and sizes. 1.04 QUALITY ASSURANCE A. Single Source Responsibility: Comply with the requirements specified in Division 1 Section "Submittal Procedures." B. American Society of Mechanical Engineers (ASME) Compliance: Comply with ASME B31.9 for building services piping and ASME B31.1 for power piping. C. Manufacturers Standardization Society of the Valve and Fittings Industry (MSS) Compliance): Comply with the various MSS Standard Practices referenced. 1.05 DELIVERY, STORAGE, AND HANDLING A. Preparation For Transport: Prepare valves for shipping as follows: 1. Ensure valves are dry and internally protected against rust and corrosion. 2. Protect valve ends against damage to threads, flange faces, and weld- end preps. Valves 15100-1 FAC 07-01R SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 3. Set valves in best position for handling. Set globe and gate valves closed to prevent ratting; set ball and plug valves open to minimize exposure of functional surfaces; block swing check valves in either closed or open position. B. Storage: Use the following precautions during storage: 1. Do not remove valve end protectors unless necessary for inspection; then reinstall for storage. 2. Protect valves from weather. Store valves indoors. Maintain valve temperature higher than the ambient dew point temperature. If outdoor storage is necessary, support valves off the ground or pavement in watertight enclosures. PART 2 - PRODUCTS 2.01 MANUFACTURERS A. Manufacturer: Subject to compliance with requirements, provide products from one of the manufacturers listed in valve schedule. 2.02 VALVE FEATURES, GENERAL A. Valve Design: Rising stem or rising outside screw and yoke stems. 1. Nonrising stem valves may be used where headroom prevents full extension of rising stems. B. Pressure and Temperature Ratings: As scheduled and required to suit system pressures and temperatures. C. Sizes: Same size as upstream pipe, unless otherwise indicated. D. Operators: Provide the following special operator features: 1. Handwheels, fastened to valve stem, for valves other than quarter turn. 2. Lever handles, on quarter-turn valves 6-inch and smaller, except for plug valves. Provide plug valves with square heads; provide one wrench for every 10 plug valves. 3. Chain-wheel operators, for valves 2-1/2 inch and larger, install 72 inches or higher above finished floor elevation. Extend chains to an elevation of 5'-0" above finished floor elevation. 4. Gear drive operators, on quarter-turn valves 8-inch and larger. Valves 15100-2 FAC 07-01R SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 E. Extended Stems: Where insulation is indicated or specified, provide extended stems arranged to receive insulation. F. End Connections: As indicated in the valve specifications. 1. Threads: Comply with ANSI B1.20.1. 2. Flanges: Comply with ANSI B16.1 for cast iron, ANSI B16.5 for steel, and ANSI B16.24 for bronze valves. 3. Solder-Joint: Comply with ANSI B16.18. o a. 2.03 GATE VALVES Caution: Where soldered end connections are used, use solder having a melting point below 840 deg. F for gate, globe, and check valves; below 421 deg. F for ball valves. Gate Valves, 2-Inch and Smaller: MSS SP-80; Class 150, body and union bonnet of ASTM B62 cast bronze; with threaded or solder ends, solid disc, copper-silicon alloy stem, brass packing gland, "Teflon" impregnated packing, and malleable iron handwheel. Do not use solder end valves for hot water heating or steam piping applications. SOLDER NRS SOLDER RSMANUFACTURER Crane Grinnell Hammond Jenkins Lunkenheimer Milwaukee Nibco Powell Stockham THREADED NRS X 3050 IB637 X 3153 X T-136 2712 B-130 THREADED RS 431 UB 3060 IB629 47U 3151 1151 T-135 2714 B-120 1.x means not available. B.Gate Valves, 2-1/2 Inch and Larger: MSS SP-70; Class 125 iron body, bronze mounted, with body and bonnet conforming to ASTM A126 class B; with flanged ends, "Teflon" impregnated packing, and two-piece backing gland assembly. MANUFACTURERS Crane Grinnell Hammond Jenkins Lunkenheimer OS&Y RS NRS 465-1/2 6020A IR1140 651A 1430 461 6060A IR1138 326 1428 FAC 07-01R Valves 15100-3 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 Milwaukee Nibco Stockham Powell 2.04 BALL VALVES F2885 617-0 G623 1793 F-2882 F-619 G-612 1787 A.Ball Valves, 2 Inches and Smaller: Rated for 150 psi saturated stem pressure, 400 psi WOG pressure; two- or three-piece construction; with bronze body conforming to ASTM B 62, standard (or regular) port, chrome-plated brass ball, replaceable "Teflon" or "TFE" seats and seals, blowout-proof stem, and vinyl covered steel handle. Provide solder ends for condenser water, chilled water, and domestic hot and cold water service; threaded ends for heating hot water and low-pressure steam. Ball Valves -1 Inch and Smaller: MANUFACTURER THREADED ENDS SOLDER ENDS Conbraco (Apollo) Crane Grinnell Jamesbury Jenkins Lunkenheimer Metraflex Nibco Powell Stockham Watts 70-100 9302 3500 351 900T 708HST IT T-580 421OT S-216 BR-R-T B-6000 70-200 9322 3500SJ x 902T x IS S-580 x S-216BR-R-S B-6001 1. x means not available. Ball Valves -1-1/4 Inch to 2 Inch: MANUFACTURER THREADED ENDS SOLDER ENDS Conbraco (Apollo) 82-100 Grinnell Nibco Powell Stockham Watts 3810 T-590-Y 4201R S-216 BR-R-T B-6800 82-200 381OSJ S-590-Y x S-216 BR-R-S B-6801 For grooved end connections, use Victaulic Style 721. 2.05 PLUG VALVES A. Plug Valves, 2-Inch and Smaller: Rated at 150 psi WOG; bronze body, with straightaway pattern, square head, and threaded ends. FAC 07-01R Valves 15100-4 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 1. Lunkenheimer: 454 or equal. B. Plug Valves, 2-1/2 Inch and Larger: MSS SP-78; rated at 175 psi WOG; lubricated plug type, with semisteel body, single gland, wrench operated, and flanged ends. 3 2.06 1. Powell: 2201 or equal. GLOBE VALVES A. B. Globe Valves, 2-Inch and Smaller: MSS SP-80; Class 125; body and screwed bonnet of ASTM B 62 cast bronze; with threaded or solder ends, brass or replaceable composition disc, copper-silicon alloy stem, brass packing gland, "Teflon" impregnated packing, and malleable iron handwheel. Provide Class 150 valves meeting the above where system pressure requires. CLASS 125 CLASS 125 CLASS 150 MANUFACTURER THREADED SOLDER THREADED Crane Grinnell Hammond Jenkins Lunkenheimer Milwaukee Nibco Powell Stockham 1 3210 IB440 746 2140 502 T-211-B T-211-Y 650 B-16 1310 321 OSJ IB423 1200 2146 1502 S-211-B S-211-Y 1823 B-14T 17TF 3240 IB413T 106-A-2 407 590 T-235-Y 150 B-22 Globe Valves, 2-1/2-Inch and Larger: MSS SP-85; Class 125 iron body and bolted bonnet conforming to ASTM A 126, Class B; with outside screw and yoke, bronze mounted, flanged ends, and "Teflon" impregnated packing, and two-piece backing gland assembly. MANUFACTURER STRAIGHT BODY ANGLE BODY Crane Grinnell Hammond Jenkins Lunkenheimer Milwaukee Nibco Powell Stockham 351 6200A IR116 613 1123 F2981 F-718-B 241 G-512 353 x IR118 x 1124 F2986 F-818-B 243 G-515 1.x means not available. FAC 07-01R Valves 15100-5 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 2.07 BUTTERFLY VALVES A. Butterfly Valves, 2-1/2 Inch and Larger: MSS SP-67; rated at 200 psi; cast-iron body conforming to ASTM A 126, Class B. Provide valves with field replaceable EPDM sleeve, nickel-plated ductile iron disc (except aluminum bronze disc for valves installed in condenser water piping and/or copper piping systems), stainless steel stem, and EPDM O-ring stem seals. Provide lever operators with locks for sizes 2 through 6 inches and gear operators with position indicator for sizes 8 through 24 inches. Provide lug or wafer type as indicated. Drill and tap valves on dead-end service or requiring additional body strength. Butterfly Valves 2-1/2 Inches and Larger: The following are model numbers for wafer-type, with nickel-plated ductile-iron disc: MANUFACTURER LEVER Center Line Crane Conbraco (Apollo) Grinnell Keystone Nibco Powell Stockham Watts Series A 12 6X13X-01 WC-8209-7 239 WD-20103 1011-DA1 LG-512-DS3E BF-04-111-11 GEAR Series A 12 6W13X-02 WC-8202-7 239 WD-20105 1011-DA1 LG-522-DS3E BF-04-111-12 Grooved Ends: Victaulic Series 300 and 704. The following are model numbers for lug-type, with nickel-plated ductile-iron disc: MANUFACTURER LEVER Center Line Crane Conbraco (Apollo) Grinnell Keystone Nibco Powell Stockham Watts GEAR Series LT 14 6L13X-01 LC-8209-7 129 LD-20103 5011-DA1 Series LT 14 6L13X-02 LC-8202-7 129 LD-20105 5011-DA1 LG-712-DS3E LG-722-DS3E BF-03-111-11 BF-03-111-12 Grooved Ends: Victaulic Series 300 and 704. The following are model numbers for wafer-type, with aluminum-bronze disc: FAC 07-01R Valves 15100-6 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 MANUFACTURER LEVER o Center Line Crane Conbraco (Apollo) Grinnell Keystone Nibco Powell Stockham Watts Series A 42 6W-14X-01 WC-8289-7 239 WD-20003 1011-EA1 Series A 42 6W-14X-02 WC-8282-7 239 WD-20005 1011-EA1 LG-512-BS3E LG-522-BS3E BF-04-121-11 BF-04-121-12 Grooved Ends: Victaulic Series 300A, 700A, and 703A. The following are model numbers for lug-type, with aluminum-bronze disc: MANUFACTURER LEVER Center Line Crane Conbraco (Apollo) Grinnell Keystone Nibco Powell Stockham Watts Series LT 44 6L-14X-01 LC-8289-7 129 LD-20003 5011-BA1 LG-712-BS3E BF-03-121-11 Series LT 44 6L-14X-02 LC-8282-7 129 LD-20005 5011-BA1 LG-722-BS3E BF-03-121-12 Grooved Ends: Victaulic Series 300A, 700A, and 703A. 2.08 CHECK VALVES A. Swing Check Valves, 2-Inch and Smaller: MSS SP-80; Class 125, cast-bronze body and cap conforming to ASTM B 62; with horizontal swing, Y-pattern, and bronze disc; and having threaded or solder ends. Provide valves capable of being reground while the valve remains in the line. Provide Class 150 valves meeting the above specifications, with threaded end connections, where system pressure requires or where Class 125 valves are not available. CLASS 125 CLASS 125 MANUFACTURER THREADED ENDS SOLDER ENDS Crane 37 Grinnell 3300 Hammond IB940 Jenkins 92-A Lunkenheimer 2144 Milwaukee 509 Nibco T-413 Powell 587 1342 3300SJ IB941 1222 2145 1509 S-413 1825 CLASS 150 THREADED ENDS 137 3320 IB946 92-A 230-70 510 T-433 596 FAC 07-01R Valves 15100-7 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 Stockham B-319 B-309 B-321 1. For grooved connections, use Victaulic Series 712. B. Swing Check Valves, 2-1/2 Inch and Larger: MSS SP-71; Class 125 (Class 175 FM approved for fire protection piping systems), cast iron body and bolted cap conforming to ASTM A 126, Class B; horizontal wing, and bronze disc or cast- iron disc with bronze disc ring; and flanged ends. Provide valves capable of being refitted while the valve remains in the line. MANUFACTURER CLASS 125 CLASS 175 Crane 373 x Grinned 6300A x Hammond IR1124 x Jenkins x 729 Kennedy x Fig. 126 Lunkenheimer 1790IBBM x Milwaukee F2974 x Nibco F-918 x Powell 559 x Stockham G-931 G-940 1. For grooved connections, use Victaulic Series 712. 2. x means not available. C. Lift Check Valves, 2-Inch and Smaller: Class 125; cast-bronze body and cap conforming to ASTM B 62; horizontal or angle pattern, lift-type valve, with stainless steel spring, bronze disc holder with renewable "Teflon" disc, and threaded ends. Provide valves capable of being refitted and ground while the valve remains in the line. MANUFACTURER HORIZONTAL ANGLE Hammond x IB954 Jenkins 655-A x Lunkenheimer 233 x 1. x means not available. PART 3 - EXECUTION 3.01 EXAMINATION A. Examine valve interior through the end ports for cleanliness, freedom from foreign matter, and corrosion. Remove special packing materials, such as blocks used to prevent disc movement during shipping and handling. Valves 15100-8 FAC 07-01R SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 B. Actuate valve through an open-close and close-open cycle. Examine functionally significant features, such as guides and seats made accessible by such actuation. Following examination, return the valve closure member to the shipping position. C. Examine threads on both the valve and the mating pipe for form (i.e., out-of- round or local indentation) and cleanliness. D. Examine mating flange faces for conditions that might cause leakage. Check bolting for proper size, length, and material. Check gasket material for proper size, material composition suitable for service, and freedom from defects and damage. E. Prior to valve installation, examine the piping for cleanliness, freedom from foreign materials, and proper alignment. F. Replace defective valves with new valves. 3.02 VALVE ENDS SELECTION A. Select valves with the following ends or types of pipe/tube connections: 1. Copper Tube Size, 2-inch and Smaller: Solder ends, except provide threaded ends for heating hot water and low-pressure steam service. 2. Steel Pipe Sizes, 2-Inch and Smaller: threaded or grooved end. 3. Steel Pipe Sizes 2-1/2 Inch and Larger: grooved end or flanged. 3.03 VALVE INSTALLATIONS A. General Application: Refer to piping system specification sections for specific valve applications and arrangements. Use gate, ball, and butterfly valves for shut-off duty. Use globe, plug, and ball valves for throttling duty. B. Locate valves for easy access and provide separate support where necessary. Where concealed, install behind access panel with valve located for complete accessibility for servicing. C. Install valves and unions for each fixture and item of equipment. Arrange valves to allow equipment removal without system shutdown. Unions are not required on flanged devices. D. Install three-valve bypass around each pressure reducing valve using throttling- type valves. E. Install valves in horizontal piping with stem at or above the center of the pipe. F. Install valves in a position to allow full stem movement. Valves 15100-9FAC 07-01R SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 G. Installation of Check Valves: Install for proper direction of flow as follows: 1. Swing Check Valves: Horizontal position with hinge pin level. 2. Lift Check Valve: With stem upright and plumb. H. Where shut-off valves are installed in a confined space such as in a wall or furring, install ball valves with operating handle parallel with face of wall. I. Where valves are located in walls, do not install more than 6-0" from finished floor. Where valves are located above ceilings, install centered on access point and not greater than 24" above access point. 3.04 SOLDER CONNECTIONS A. Cut tube square and to exact lengths. B. Clean end of tube to depth of valve socket with steel wool, sand cloth, or a steel wire brush to a bright finish. Clean valve socket in same manner. C. Apply proper soldering flux in an even coat to inside of valve socket and outside of tube. D. Open gate and glove valves to full open position. E. Remove the cap and disc holder of swing check valves having composition discs. F. Insert tube into valve socket, making sure the end rests against the shoulder inside valve. Rotate tube or valve slightly to ensure even distribution of the flux. G. Apply heat evenly to outside of valve around joint until solder will melt upon contact. Feed solder until it completely fills the joint around tube. Avoid hot spots or overheating valve. Once the solder starts cooling, remove excess amounts around the joint with a cloth or brush. H. Use 95-5 tin/antimony solder for all solder joints unless indicated otherwise. 3.05 THREADED CONNECTIONS A. Note the internal length of threads in valve ends, and proximity of valve internal seat or wall, to determine how far pipe should be threaded into valve. B. Align threads at point of assembly. C. Apply appropriate tape or thread compound to the external pipe threads (except where dry seal threading is specified). D. Assemble joint, wrench tight. Wrench on valve shall be on the valve end into which the pipe is being threaded. Valves 15100-10 FAC 07-01R SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 3.06 FLANGED CONNECTIONS A. Align flange surfaces parallel. B. Assemble joints by sequencing bolt tightening to make initial contact of flanges and gaskets as flat and parallel as possible. Use suitable lubricants on bolt threads. Tighten bolts gradually and uniformly with a torque wrench. 3.07 FIELD QUALITY CONTROL A. Tests: After piping systems have been tested and put into service, but before final adjusting and balancing, inspect valves for leaks. Adjust or replace packing to stop leaks; replace valves if leak persists. 3.08 ADJUSTING AND CLEANING A. Cleaning: Clean mill scale, grease, and protective coatings from exterior of valves and prepare valves to receive finish painting or insulation. 3.09 VALVE PRESSURE/TEMPERATURE CLASSIFICATION SCHEDULES A. Below schedules are for standard installation conditions. Variations or special valves and/or conditions set forth in other Division 15 Sections shall take precedence. VALVES. 2-INCH AND SMALLER SERVICE GATE GLOBE BALL CHECK Condenser Water 125 125 150 125 Chilled Water 125 125 150 125 Domestic Hot and Cold Water 125 125 150 125 Heating Hot Water 150 150 150 150 Low-Pressure Steam 150 150 150 150 VALVES. 2-1/2 INCH AND LARGER SERVICE GATE GLOBE BUTTERFLY CHECK Condenser 125 125 200 125 Chilled Water 125 125 200 125 Domestic Hot and Cold 125 125 200 125 Water Heating Hot Water 125 125 200 125 Low-Pressure Steam 125 125 200 125 END OF SECTION Valves 15100-11 FAC 07-01R SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 SECTION 15930 TERMINAL AIR UNITS PART 1 GENERAL 1.01 PRINCIPLE WORK IN THIS SECTION A. Constant volume terminal units. B. Variable volume terminal units. C. Dual duct terminal units. D. Fan powered terminal units. E. Variable volume regulators. F. Integral sound attenuator. G. Integral heating coils. H. Integral damper motor operators. I. Integral controls. 1.02 SUBMITTALS A. Submit under provisions of Division 1. B. Product data: Catalog cuts giving configuration, general assembly, and materials used in fabrication. Include catalog performance ratings which indicate air flow, static pressure, and NC designation. C. Include schedules listing discharge and radiated sound power level for each of second through sixth octave bands at inlet static pressures of one to 3 in. wg (250 to 1000 Pa). 1.03 OPERATION AND MAINTENANCE DATA A. Include directions for resetting constant volume regulators. PART 2 PRODUCTS 2.01 MANUFACTURERS FAC 07-01R TERMINAL AIR UNITS 15930 -1 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 A. Terminal air units: 1. Carrier 2. Pottorff 3. Turtle & Bailey. 4. Krueger. MAKE SURE THAT REQUIREMENTS INCLUDED IN 2.02 THROUGH THE END OF PART 2 DO NOT CONFLICT WITH MANUFACTURERS AND PRODUCTS SPECIFIED. 2.02 TERMINAL AIR UNITS A. General: 1. Casings: a. Minimum No. 22 Ga., galvanized steel.********** HOSPITAL LINING SYSTEMS (HLS) WITH MYLAN COATED LINING FOR HOSPITALS TO PREVENT EROSION (FOR CRITICAL AREAS ONLY). INCLUDE AS APPLICABLE FOR THIS JOB. OTHER TYPES OF LINING NOT PERMITTED IN HOSPITALS. REVIEW WITH CHIEF ENGINEER FOR SPECIAL TREATMENT. VARIES PER GOVERNING AUTHORITY. b. Acoustic lining: 1) 1/2 in. thick coated fiber glass 1.5 PCF density. 2) Meet erosion test method described in UL Publication No. 181. 3) Meet smoke developed and flame spread rating requirements of NFPA-90A. 4) All exposed insulation edges shall be coated with an NFPA 90A approved sealant to prevent the enterainment of fibers into the airstream. c. With gasketed access door, or removable regulator if actuators are mounted externally. d. ARI Certified Catalog Data. 2. Control motors: a. Factory-installed on units by unit manufacturer. b. Motors supplied by approved automatic control system manufacturer. 07u i - TERMINAL AIR UNITS 15930 -2 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 c. For pneumatic control terminal air unit, manufacturer shall provide rated pneumatic air required for each unit. d. For ODC control, each terminal air unit shall be equipped with DDC controller which shall include a 120/24 transformer mounted at each unit. 3. Variable or Constant-volume controller: a. Factory-preset. DDC controls, field calibrated Air quantities clearly indicated. b. Unit provider with flow measuring taps and flow versus pressured differential chart on each unit. c. Capable of maintaining constant volume, plus or minus 5 percent, up to 3000 fpm inlet air velocity regardless of inlet straight duct conditions. d. Controller removable from casing. 4. Noise level at noted capacities: a. Not to exceed criteria specified: CHECK WITH CHIEF MECHANICAL ENGINEER. USE ONLY IF SPECIAL REQUIREMENTS OF THE PROJECT WARRANT SUCH TESTS. b. Units tested in accordance with ARI standard 880, with ratings tabulated for inlet pressure of 3 in., 1-1/2", and minimum static pressure. c. Test results subject to check in approved independent laboratory in accordance with approved test procedure. 1) Cost of test paid by owner. 5. Sound attenuators: INCLUDE AS APPLICABLE FOR THIS JOB. DETERMINE IF ALL UNITS REQUIRE THEM. CHECK WITH ACOUSTICAL CONSULTANT. a. Provide for each unit. 6. Depth of units not to exceed allowable space allocation. 7. Moving parts suitable for minimum of 300,000 cycles. B. Variable Air Volume Units: 1. Single duct with pressure independent control. Velocity sensors shall be of Cross-Flow type similar to Cames. FAC 07-01R TERMINAL AIR UNITS 15930 -3 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 2. Unit shall be able to be reset to any air flow between 0 and the maximum cataloged cfm. 3. Unit shall be complete with control and attenuator section. 4. Attenuator section shall be internally lined with foil coated acoustic insulation, which meets UL181 and NFPA 90A standards. 5. Leakage through fully closed modulating inlet damper to be less than 2% of design volume at 3 in. inlet pressure. Leakage through the unit casing to be less than 3% of design volume. C. Variable Air Volume Unit with Heating Coils: 1. Unit shall be same as variable air volume with attenuator, as specified. 2. Hot water heating coil: a. Removable, minimum 2 row. b. Tubes: 1/2 in. copper. c. Fins: sine wave heavy gage aluminum. d. Factory tested at 350 psi under water. e. Performance according to ARI standard 880. 3. Electrical heating coil (option): a. UL or ETL Listed, slip-in type, open coil design, factory wired and installed, and equipped with primary and secondary over-temperature protection, integral control box with built-in magnetic contactors, minimum airflow switches, pneumatic/electric switches and relays. D. Dual-Duct Mixing Units: 1. Complete with pressure independent controller for each inlet. Velocity for each inlet shall be of Cross-Flow type similar to Carnes. 2. Leakage through fully closed modulating inlet damper to be less than 1% of design volume at 3 in. inlet pressure. 3. Unit shall include attenuator section. E. Constant Volume Units: 1. Single duct with pressure independent control. Velocity sensors shall be of Cross-Flow type similar to Cames. 2. Unit shall include attenuator section. 3. Hot water heating coil: a. Removable, minimum 2 row. b. Tube: 1/2 in. copper. FAC 07-01R TERMINAL AIR UNITS 15930-4 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 c. Fins: aluminum. d. Factory tested at 350 psi under water. 4. Electrical heating coil (option): a. UL or ETL Listed, slip-in type, open coil design, factory wired and installed, and equipped with primary and secondary over-temperature protection, integral control box with built-in magnetic contactors, minimum airflow switches, pneumatic/electric switches and relay. F. Fan Powered Terminal Air Units: 1. Unit shall include fan, single inlet duct pressure independent control, heating coil as specified, and filter unit shall be designed for series or parallel operation. Velocity sensors shall be of Cross- Flow type similar to Carnes. 2. Unit shall have an access door to service all internal components and a removable panel to service the fan and motor. 3. Unit shall be UL or ETL Listed. 4. Single point electrical connection for 277 Volt, 1 phase, 60 hertz electrical power. (Check with electrical department) 5. Circuit breaker or fuse disconnect switch sized to protect all device electrical components. Fusing and Disconnects optional. 6. Individual transformer as required for control. 7. A fan speed control to adjust cfm. PART 3 EXECUTION 3.01 INSTALLATION A. Terminal units: ************************** INCLUDE AS APPLICABLE FOR THIS JOB. FOLLOW RECOMMENDATIONS OF ACOUSTICAL CONSULTANT. HOSPITAL PROJECTS SHALL NOT USE LINING. 1. Provide soundlinings downstream of units: a. Lengths shall be a minimum of 5 feet or as recommended by unit manufacturer. b. Soundlinings: types as specified in Section 15290 - DUCT INSULATION. 2. Piping connections as specified in Section 15790: COILS. FAC 07-01R TERMINAL AIR UNITS 15930 -5 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 3. Coordinate access through ceilings with respective trades. 4. All terminal air units shall be supported to the building structure to meet code requirement. END OF SECTION REVIEW THE WORK INCLUDED ARTICLE 1.01. FOR EACH ITEM LISTED THERE MUST BE A CORRESPONDING ARTICLE IN PART 2 AND/OR PART 3. ny ft1Ru / -u i r\ TERMINAL AIR UNITS 15930 -6 SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 SECTION 15995 CONTROLS PART 1 - GENERAL 1.1 SCOPE A. Furnish all labor, materials, products, tools, equipment, and services for a complete design, installation and commissioning for Direct Digital Control (DDC) system (also referred to the Energy Management System (EMS)). B. The DDC system shall provide, at the minimum, the following: 1. Control and monitoring of the Air Handlers, variable frequency drives, valves, variable volume boxes, Room Sensors, Economizer cycle, hot water heating, and interlocks. C. The DDC system shall be installed as a turn-key project and shall consist of all sensors, actuators, direct digital controllers, electrical control wiring for a complete and operating installation as specified herein. The system shall be a standard product with the manufacturer who will guarantee ongoing parts availability and factory trained field support for five (5) years after system acceptance. 1.2 RELATED WORK A. See related sections General requirements: Division 1 Related electrical work: Division 16 Related mechanical work: Division 15 1.3 GENERAL REQUIREMENTS A. Single source responsibility of the contractor shall include installation, calibration, and commissioning of the system. B. The approved contractor shall have an in-place, local support facility with technical staff, spare parts inventory, and all necessary test diagnostic equipment. 1.4 REFERENCED STANDARDS, CODES AND ORDINANCES A. It is the responsibility of the contractor to be familiar with all codes, rules, ordinances, and regulations of the Authority Having Jurisdiction and their interpretations which are in effect at the site of the work. B. The latest issue of applicable standards and recommended practices of the following agencies in effect shall form a part of the specification to the extent each agency's relative standards or recommended practices apply to the DDC System and its components as specified herein. CONTROLS 15995-1 FAC 07-01R SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 1. American National Standards Institute (ANSI) 2. American Society of Mechanical Engineers (ASME) 3. Electronic Industries Association (EIA) 4. Institute of Electrical and Electronics Engineers (IEEE) 5. National Electrical Manufacturers Association (NEMA) 6. National Fire Protection Association (NFPA) 7. Underwriters Laboratories (UL) 8. Occupational Safety and Health Administration (OSHA) 9. American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) C. The contractor shall be solely responsible for compliance with all health and safety regulations, performing the work in a safe and competent manner, and use industry accepted installation procedures required for the work as outlined in these documents. D. All systems equipment, components, accessories, and installation hardware shall be new and free from defects and shall be UL listed where applicable. All components shall be in current production and shall be a standard product of the system or device manufacturer. Refurbished or reconditioned components are unacceptable. Each component shall bear the make, model number, device tag number (if any), and the UL label as applicable. All DDC systems components of a given type shall be the product of the same manufacturer. 1.5 SUBMITTALS A. Provide six (6) copies of submittal data. B. Submittals shall consist of: 1. Data sheets of all products. 2. Wiring and piping interconnection diagrams including panel and device power, and sources. 3. List of materials of all proposed devices and equipment. 4. Point Schedules 5. Controls schematics and system diagrams. C. Submittals shall be bound in book form with hard cover. PART 2 - PRODUCTS 2.1 GENERAL DESCRIPTION A. The system shall be capable of equipment supervision and control, alarm management, and information management. 2.2 DEVICES A. Provide the necessary sensors, controllers, actuators and devices required to provide a complete and functioning control system capable of the sequences herein after specified. CONTROLS 15995-2 FAC 07-01R SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 2.3 MANUFACTURERS A. Acceptable manufacturers are: Carrier Or Equal PART 3 - EXECUTION 3.1 CONTROL SEQUENCES A. Sequence of operation shall be as shown on the drawings. B. Shop drawings on operations manual shall include a complete sequence of operation for 'user friendly' operation. C. Control Wiring 1. Include low voltage wiring (100 volts and less) required for temperature control systems under this section. 2. Conductors for control signals: No. 18 or AWG copper conductors as required. Provided by Division 15. 3. Conduit: Provide conduit as required. All wiring not in conduits shall be plenum rated. D. Equipment 1. Mount local control panels at convenient locations adjacent to equipment served. 3.2 INSTALLATION A. All wiring shall be properly supported and run in a neat and good workmanship manner. 1. All wiring within enclosures shall be neatly bundled and anchored to prevent restriction to devices and terminals. B. The DDC contractor shall be responsible for all low voltage control wiring installation which is necessary to a fully functional system. All wiring shall also be in accordance with applicable local and national codes. 1. All wiring shall be installed in accordance with the electrical specifications, Division 16. 2. Electrical power for DDC panels (provided and installed by Division 16) shall be provided via dedicated circuits at the motor control center power panel. 3.3 COMMISSIONING CONTROLS 15995-3 FAC 07-01R SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 ^%^/' A. Control system to be set up and checked out by factory trained competent technicians skilled in the setting and adjustment of DDC equipment used in this project. This technician to be experienced in the type of systems associated with this DDC. B. The DDC contractor shall submit a proposed Acceptance Test Agreement for testing the system's performance of standalone control panel network and the sensors and actuators. At time of final observation, demonstrate the sequence of operation for each system to Owner Representative. 3.4 TRAINING A. Provide a minimum of four (4) hours of instructions to Owner's personnel in the operation and maintenance of the control system. Provide training after the system has been installed and checked out. An operators' manual shall provide detailed instructions for operating the installed system. Seven (7) copies shall be supplied and utilized in the operator's training session. 3.5 WARRANTY A. Equipment shall be warranted for one year (including defects in workmanship and material) under normal use and service. During warranty period supplier shall also replace or repair, free of charge, any equipment proven to be defective in workmanship or material. All corrective software modifications made during warranty periods shall be updated on all user documentation and on user and manufacturer archived software >••% disks. ^J B. The Owner reserves the right to make changes to the EMS during the warranty period. Such changes do not constitute a waiver of warranty. The Contractor shall warrant parts and installation work regardless of any such changes made by the Owner, unless the Contractor provides clear and convincing evidence that a specific problem is the result of such changes to the EMS. Failures of work during the warranty period are deemed to be repaired/replaced under warranty unless proven otherwise by the Contractor. Any disagreement between the Owner and the Contractor on such matters shall be subject to resolution through the contract 'Disputes' clause. C. At no cost to the Owner, during the warranty period, the Contractor shall provide maintenance services for software and hardware components as specified below: 1. Maintenance services shall be provided for all devices and hardware and software installed. Service all equipment per the manufacturer's recommendations. All devices shall be calibrated within the last month of the warranty period. 2. Emergency Service: Any malfunction, failure, or defect in any hardware component or failure of any control programming that would result in property damage or loss of comfort control shall be corrected and repaired following telephonic notification by the Owner to the Contractor. i. Response by telephone to any request for service shall be provided within two (2) hours of the Owner's initial telephone request for service. ii. In the event that the malfunction, failure, or defect is not corrected through the telephonic communication, at least one (1) hardware and ^*. software technician, trained in the system to be serviced, shall be ' i •^*? CONTROLS 15995-4 FAC 07-01R SAFETY CENTER ENERGY MANAGEMENT SYSTEM PROJECT NO. FAC 07-01 dispatched to the Owner's site within eight (8) hours of the Owner's initial telephone request for such services, as specified. 3. Normal Service: Any malfunction, failure, or defect in any hardware component or failure of any control programming that would not result in property damage or loss of comfort control shall be corrected and repaired following telephonic notification by the Owner to the Contractor. i. Response by telephone to any request for service shall be provided within eight (8) working hours (contractor specified 40 hr per week normal working period) of the Owner's initial telephone request for service. ii. In the event that the malfunction, failure, or defect is not corrected through the telephonic communication, at least one (1) hardware and software technician, trained in the system to be serviced, shall be dispatched to the Owner's site within three (3) working days of the Owner's initial telephone request for such services, as specified. 4. Owner's Telephonic Request for Service: Contractor shall specify a maximum of three telephone numbers for Owner to call in the event of a need for service. At least one of the lines shall be attended at any given time at all times. Alternatively, pagers can be used for technicians trained in system to be serviced. One of the three paged technicians shall respond to every call within 15 minutes. 5. Technical Support: Contractor shall provide technical support by telephone throughout the warranty period. 6. Preventive maintenance shall be provided throughout the warranty period in accordance with the hardware component manufacturer's requirements. END OF SECTION CONTROLS 15995-5 FAC 07-01R