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Seaside Heating and Air Conditioning Inc; 2017-09-27; PWS17-117TRAN
RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2018-0323036 1111111111111111111111111111111111111111111111111111111111111111111111 Aug 07, 2018 03:31 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins $0 00) PAGES. 1 Space above this line for Recorder's use. PARCEL NO: NOTICE OF COMPLETION Notice is hereby given that: 215-050-70-00 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full names of the undersigned are 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 May 23, 2018. 6. The name of the contractor for such work or improvement is Seaside Heating & 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: Project No. 4030 PWS17-117TRAN, Dove Library HVAC Controls. 8. The street address of said property is 1775 Dove Lane, in the City of Carlsbad. I, the undersigned, say: (P/. Ci ..-- VERIFICATION OF CITY CLERK I am the City Clerk of the City of Carlsb.~d, 1200 Carlsbad Vil@~e Drive, Carlsbad, California, 92008; the City Manager of said City on . · · -, 20_[;;£_, accepted the above described work as completed and ordered that a Notice oRC mpletion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on a I rt , J , 20.!2, at Carlsbad, California. s ~r OF CARLSBA/J · "'l.¥Ylf_-u-12i~JtlJd1-l~ BARBARA ENGLESON City Clerk \lfiles01v\Departments\Public Works\PW Common\CAPITAL-ACTIVE\4030 Dove HVAC Controls\NOC 4030 Dove Library HVAC Controls.doc CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Seaside Heating and Air Conditioning, Inc. has completed the contract work required for Project No. 4030 PWS17-117TRAN, Dove Library HVAC Controls. City forces have inspected the work and found it to be satisfactory. The work consisted of: HV AC Controls IMPROVEMENTS (City) VALUE $174,600 CERTIFICATION OF COMPLETION OF IMPROVEMENTS ~~ Enginee ~ anage~ r Date 1 CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. of Carlsbad is hereby directed to commence maintaining the above described nts.7JJJL- Date APPROVED AS TO FORM: CELIA BREWER, City Attorney By~ Deputy City Attorney llfiles01v\Departments\Public Works\PW Common\CAPITAL-ACTIVE\4030 Dove HVAC Controls\API 4030 Dove Library HVAC Controls.doc CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENT AL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR DOVE LIBRARY HV AC CONTROLS CONTRACT NO. 4030 BID NO. PWS17-117TRAN (Re-Bid) ,, •+; Revised 5/10/16 Contract No. 4030 Page 1 of 143 Pages May 18, 2017 ADDENDUM NO. 1 RE: DOVE LIBRARY HVAC CONTROLS, BID NO. PWS17-117TRAN ( City of Carlsbad Please inci..Jde the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum--receipt acknowledged--must be included to your bid when your bid is submitted. Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder's Signature Public Works Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4677 t Contract No. 4030 PWS 17-11 ?TRAN Addendum No. 1 From: No. of Pages: Date: CITY OF CARLSBAD DOVE LIBRARY HV AC CONTROLS CONTRACT NO. 4030 Bid No. PWS17-117TRAN Addendum No. 1 Eleida Felix Yackel, Senior Contract Administrator Phone: 760-602-2767 eleida.felixyackel@carlsbadca.gov 2 (including this page) May 18, 2017 Bid Opening Date: June 6, 2017-11 A.M. (revised) NOTICE The following changes to the Contract Documents are hereby made effective as though originally issued with the bid package. Bidders are reminded that all previous requirements to this solicitation remain in full force and effect. For clarity where applicable, ADDITIONS, if any, have been Underlined and DELETIONS, if any, have been Stricl~en out. Contractor must acknowledge receipt of this Addendum on the Bid Form. Failure to do so will subject bidder to disqualification. 1. NOTICE INVITING BIDS, Page. 5 of 143, Paragraph 1: Until iF.M. llA.M. on June 6, 2017, 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: Provide a new direct-digital HV AC control (DDC) system for the Dove Library as indicated on the bid documents and specifications. Include a complete and working Carrier brand direct-digital HV AC control system or Carrier compatible direct-digital HV AC control system. Include all engineering, programming, controls and installation materials, installation labor, commissioning and start-up, training, final project documentation and warranty. 2. OBTAINING PLANS AND SPECIFICATIONS, Page. 7 of 143, Paragraph 3: 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 ofSlSO ill per set. If plans and specifications are to be mailed, the cost for postage should be added. 3. MANDATORY PRE BID MEETING AND SITE VISIT, Page. 8 of 143, Paragraph 3: A mandatory pre-bid meeting and tour of the project site will be held at the Dove Library, Schulman Auditorium at 1775 Dove Lane, Carlsbad, CA 92011 on Wednesday Tuesday, May 23, 2017, at 8:00 am. 4. Page. 9 of 143 DELETE in its entirety and SUBSTITUTE with page 2 of this Addendum. Contract No. 4030 PWSl 7-1 l 7TRAN Addendum No. 1 Page 1 of2 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 d 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. May 18, 2017 Date Contract No. 4030 PWS17-117TRAN Addendum No. 1 / Page 2 of 2 TABLE OF CONTENTS Item NOTICE INVITING BIDS ................................................................................................................... 5 CONTRACTOR'S PROPOSAL ....................................................................................................... 10 BID SECURITY FORM ................................................................................................................... 14 BIDDER'S BOND TO ACCOMPANY PROPOSAL .......................................................................... 15 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORm ................... 17 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS ... 19 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ........................................ 20 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE ...................................................................................... 21 LIABILITY AND WORKERS' COMPENSATION ............................................................................. 21 BIDDER'S STATEMENT RE DEBARMENT .................................................................................... 22 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD .................................................................... 23 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID ........................................................................................................................................ 25 CONTRACT PUBLIC WORKS ........................................................................................................ 26 LABOR AND MATERIALS BOND ................................................................................................... 32 FAITHFUL PERFORMANCE/WARRANTY BOND .......................................................................... 34 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION ....... 36 GENERAL PROVISIONS SECTION 1 --TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS ............................................................................................................................................. 39 1-2 DEFINITIONS .................................................................................................................................... 40 1-3 ABBREVIATIONS .............................................................................................................................. 44 1-4 UNITS OF MEASURE ........................................................................................................................ 48 1-5 SYMBOLS ......................................................................................................................................... 49 SECTION 2 -SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT ........................................................................................ 49 2-2 ASSIGNMENT ................................................................................................................................... 49 2-3 SUBCONTRACTS .............................................................................................................................. 49 2-4 CONTRACT BONDS .......................................................................................................................... 50 2-5 PLANS AND SPECIFICATIONS ........................................................................................................... 51 2-6 WORK TO BE DONE ......................................................................................................................... 54 2-7 SUBSURFACE DATA ......................................................................................................................... 54 2-8 RIGHT-OF-WAY ................................................................................................................................ 54 2-9 AUTHORITY OF BOARD AND ENGINEER .......................................................................................... 55 2-10 INSPECTION ..................................................................................................................................... 55 ,., -~ Revised 5/10/16 Contract No. 4030 Page 2 of 143 Pages SECTION 3 -CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR ................................................................................. 55 3-2 CHANGES INITIATED BY THE AGENCY ............................................................................................. 56 3-3 EXTRA WORK ................................................................................................................................... 57 3-4 CHANGED CONDITIONS .................................................................................................................. 59 3-5 DISPUTED WORK ............................................................................................................................. 61 SECTION 4 -CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP ................................................................................................... 63 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE ........................................................... 67 SECTION 5 -UTILITIES 5-1 LOCATION ........................................................................................................................................ 68 5-2 PROTECTION ................................................................................................................................... 68 5-3 REMOVAL ........................................................................................................................................ 69 5-4 RELOCATION .................................................................................................................................... 69 5-5 DELAYS ............................................................................................................................................ 70 5-6 COOPERATION ................................................................................................................................ 70 SECTION 6-PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK ..................................................... 71 6-3 SUSPENSION OF WORK ................................................................................................................... 74 6-4 DEFAULT BY CONTRACTOR ............................................................................................................. 75 6-5 TERMINATION OF CONTRACT ......................................................................................................... 75 6-6 DELAYS AND EXTENSIONS OF TIME ................................................................................................ 76 6-7 TIME OF COMPLETION .................................................................................................................... 76 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY .............................................................................. 77 6-9 LIQUIDATED DAMAGES ................................................................................................................... 78 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION ......................................................................... 78 SECTION 7 -RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES ................................................................................ 78 7-2 LABOR .............................................................................................................................................. 79 7-3 LIABILITY INSURANCE ...................................................................................................................... 79 7-4 WORKERS' COMPENSATION INSURANCE ....................................................................................... 79 7-5 PERMITS .......................................................................................................................................... 80 7-6 THE CONTRACTOR'S REPRESENTATIVE ........................................................................................... 80 7-7 COOPERATION AND COLLATERAL WORK ........................................................................................ 80 7-8 PROJECT SITE MAINTENANCE ......................................................................................................... 81 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS .................................................. 82 7-10 PUBLIC CONVENIENCE AND SAFETY ............................................................................................... 83 7-12 ADVERTISING ................................................................................................................................... 88 7-13 LAWS TO BE OBSERVED .................................................................................................................. 88 SECTION 8 -MEASUREMENT AND PAYMENT 8-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK .............................................................. 88 8-2 LUMP SUM WORK ........................................................................................................................... 89 8-3 PAYMENT ........................................................................................................................................ 89 8-4 BID ITEMS ........................................................................................................................................ 92 l'\ •+; Revised 5/10/16 Contract No. 4030 Page 3 of 143 Pages TECHNICAL SPECIFICATIONS SECTION 260533 -RACEWAYS AND BOXES FOR ELECTRICALSYSTEMS ...................................................... 93 SECTION 260519 -LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES ................................ 99 SECTION 260523 -CONTROL-VOLTAGE ELECTRICAL POWER CABLES ...................................................... 102 SECTION 260526 -GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS ........................................... 107 SECTION 230923 -DIRECT DIGITAL CONTROL (DOC) SYSTEM FOR HVAC. ................................................ 109 SECTION 230593 -TESTING, ADJUSTING, AND BALANCING FOR HVAC. ................................................... 125 l'\ •+;' Revised 5/10/16 Contract No. 4030 Page 4 of 143 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 2 P.M. on June 6, 2017, 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: Provide a new direct-digital HVAC control (DOC) system for the Dove Library as indicated on the bid documents and specifications. Include a complete and working Carrier brand direct-digital HVAC control system or Carrier compatible direct-digital HVAC control system. Include all engineering, programming, controls and installation materials, installation labor, commissioning and start-up, training, final project documentation and warranty. The direct-digital control system(s) shall consist of high-speed, peer-to-peer network of DOC controllers. Provide a remote user using a standard web browser to access the control system graphics and change adjustable setpoints with the proper password. The direct-digital HVAC control system shall be native BACnet. All new controllers, devices and components shall be listed by BACnet Testing Laboratories. All new controllers, devices and components shall be accessible using a web browser interface and shall communicate exclusively using the ASHRAE Standard 135 BACnet communications protocol, unless otherwise allowed by the technical specifications or specifically requested otherwise. Direct-digital HVAC control system shall comply with all performance requirements as stated in the specifications. This facility's existing direct-digital HVAC control system is manufactured by Carrier. The existing system's control center and top-end controllers were installed approximately in 1999. The contractor selected by this bid process shall observe the capabilities, communication network, services, capacity of the existing control system and its Control Center prior to beginning work. DOVE LIBRARY HVAC CONTROL CONTRACT NO. 4030 BID NO. PWS17-117TRAN 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. l'\ •,;' Revised 5/10/16 Contract No. 4030 Page 5 of 143 Pages The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the Engineering Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction, Parts 2 & 3, current edition at time of bid opening and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards, Inc., all hereinafter designated "SSPWC", 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. 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. SUMMARY OF BIDDING SCHEDULE An overview of the tentative bidding schedule is included in the following table. ACTIVITY SCHEDULE Advertise for Bids May 3, 2017 Mandatory Pre-Bid Meeting May 23, 2017 Last day for questions and RFl's May 26, 2017 Publish Q&A responses and final addenda May 30, 2017 Bid Opening June 6, 2017 BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1 . Contractor's Proposal 2. Bidder's Bond 3. Noncollusion Declaration 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 $165,500.00. 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. ,, •+f Revised 5/10/16 Contract No. 4030 Page 6 of 143 Pages SPECIAL TY 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 include federal funds. The following classifications are acceptable for this contract: A: General Engineering: C20: or C38. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% 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 ~per set. If plans and specifications are to be mailed, the cost for postage should be added. 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. BIDDER'S INQUIRIES Questions on the bid documents during the bid period shall be submitted in writing, via email, solely to: Eleida Felix Yackel, Senior Contract Administrator eleida.felixyackel@carlsbadca.gov Questions shall be definite and certain and shall reference applicable drawing sheets, notes, de-tails or specification sheets. The cutoff date to submit questions regarding this project is 5:00 p.m. on May 26, 2017. No questions will be entertained after that date. The answers to questions submitted during the bidding period will be published in an addendum and provided to those bidding on the project by May 30, 2017. {'\ •+; Revised 5/10/16 Contract No. 4030 Page 7 of 143 Pages 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. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. MANDATORY PRE BID MEETING AND SITE VISIT A mandatory pre-bid meeting and tour of the project site will be held at the Dove Library, Schulman Auditorium at 1775 Dove Lane, Carlsbad, CA 92011 on Wednesday, May 23, 2017, at 8:00 am. 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. 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 l' •+;' Revised 5/10/16 Contract No. 4030 Page 8 of 143 Pages 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. _____ _ adopted on the ____ day of __________ , 20 __ Date Deputy City Clerk l' •+;' Revised 5/10/16 Contract No. 4030 Page 9 of 143 Pages City Council City of Carlsbad CITY OF CARLSBAD DOVE LIBRARY HVAC CONTROLS CONTRACT NO. 4030 CONTRACTO~SPROPOSAL 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, 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. 4030 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: BID SCHEDULE: Dove Library HVAC Controls Lump Sum Direct Digital HVAC Control System: $ To include all engineering, programming, controls and installation materials, installation labor, commissioning and I 0 7, 6'/ 0 start-up, testing, adjusting and balancing for requirements, training, final project documentation as stated in the attached lans and s ecifications. Lump Sum DDC HVAC System Warranty $ A. Contractor to provide a two (2) year warranty for parts, operation of system, labor for repairs and callouts. ~, /Cf() 8. Contractor to provide a single point of contact with a 1 two (2) hour response time, 24/7. C. Contractor to provide software updates for two (2) ears at no char e to the Cit . Tot~I amount of bid in numbers: $___,1f-J_~...c.7~3'+--.... Wc..c'~·u_··-·-· _u_·-'0"-', _____________ _ Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). __ --+-------has/have been received and is/are included in this proposal. 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 ,, •ti Revised 5/10/16 Contract No. 4030 Page 10 of 143 Pages Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 7':l O $"I'[ , classification ;_::_ ). D which expires on / -3 l ., d o I 'j , 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 § 7028.1 S(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 ~-s l-. le r~ C' c:._ ec... k Cashier's Check) for ten percent (10%) of the amount bid. (Cash, Certified Check, Bond or 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 ______________________ _ l' • ., Revised 5/1 0/16 Contract No. 4030 Page 11 of 143 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: (1) Name under which business is conducted __ <::; ___ ·~_.1._--s __ , ~J~·_·{_ .... d,__,__e_c_~---~f_,_~_~_:5,,·~--- -0-· A , ., (2) __ -+c....,,·1-~6[._/..L«""'L::::i.....:::.··==.,_::?:::::==""'-----------------(signature) J --• 1--c) (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of c?,.... ( , £4,Ck';, ~ (4) Place of Business ( ~ < "1 /2 .,>c:#ft.~ ? ... , .,, :f ·---p ,, ~ •G\&& r:; 111l c:,,,. ):.o !fib:, Street and Number) City and State Cc ec:.. * :s, .. c-Jl r: l C ,4-: (5) Zip Code ~ ,}:e> S:: G Telephone No. 7 ~ <~ C Lf 3 ·-l f o o NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED l'\ •fr Revised 5/1 0/16 Contract No. 4030 Page 12 of 143 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 I A notary public or other officer completing this certificate verifies only the identity of the individual who signed the l i document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. i [ ______ ------------------------------______ _c__J State of California - County of ~n ~1 ) On Aw+ = %3 befo1e me, ,kss '°' S2,i,Q Shl db I l{o\-;~ RbYlC • Date Here Insert Name and Title of the CHicer personally appeared ~{) ·B,_\\~V-- Name}e;f'of Si~ who proved to me on the basis of satisfactory evidence to be the person_M whose name~is/.a(e subscribed to the within instrument and acknowledged to me that he/~z:t,berexecuted the same in his/~frreir authorized capacity(jp5J,and that by his/pef?)l-reir signature~on the instrument the personW, or the entity upon behalf of which the person(s)..-atted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above ----------------OPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Doc.1,1ment 1 \ • Title or Type of Docum~nt: Lo otad:: k: 4:\))\) * -/-;..., \ Document Date: ~':).,_,\H-"\l"'-~-1 i-3-------~--+-----~--Number of Pages: \ ~£-\-V"<AR,~ i 1 J Signer(s) Other Than Named Above: _Se,e~,__-_A~:~C~il ........ h,"A~ .... Q..,,,O>-++f----------------,1- Capacity(ies) Clai d y Si t3i9ner's Name: _,.___,_•-=L""--..l,1----"""',__IA------ )<corporate Officer -Title(s): -->-r->,.,'-'------ Partner -Limited I General Individual Attorney in Fact Trustee Guardian or Conservator Other: _______________ _ Signer Is Representing: __________ _ Signer's Name:-------------==..--- Corporate Officer -Title(s): ---=~=----.,-- Partner -Limited Individual ©2016 National Notary Association • www.NationalNotary.org · 1-800-US NOTARY (1-800-876-6827) Item #5907 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: :I, ~ j.(.A.. • e S -<'.:" .f. r , ~7· {J [._o-t ( .--~ l?:a CC: ( C <~£ l' • ., Revised 5/10/16 Contract No. 4030 Page 13 of 143 Pages BID SECURITY FORM (Check to Accompany Bid) DOVE LIBRARY HVAC CONTROLS CONTRACT NO. 4030 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal CARLSBAD, in the sum O'(Z;:zt:,:~~:U!:!::~=:;'et:.J.'.fil.t)fa.~~~~'.K§l.~.,.4;:fl..£t:Z.~~~:..._ __ _ _____________________ dollars($ ,l~.,JCC>, Oc, ), 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. C BIDDER *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.) l"\ • ., Revised 5/10/16 Contract No. 4030 Page 14 of 143 Pages - - - 0---1---1 -::, 0 (D 0 2. ~ ISf'r.tHitv Ff>-'!turP<; lnrl11rlPrl 0 P-l ro Ul 0 --.J I-" --.J I\) :1 BIDDER'S BOND TO ACCOMPANY PROPOSAL DOVE LIBRARY HVAC CONTROLS CONTRACT NO. 4030 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: DOVE LIBRARY HVAC CONTROLS CONTRACT NO. 4030 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. l' •+;' Revised 5/10/16 Contract No. 4030 Page 15 of 143 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: CELIA A. BREWER City Attorney By: -------------------Deputy City Attorney ,, • ., Revised 5/10/16 Contract No. 4030 Page 16 of 143 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 performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor 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. 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. l' •+;' Revised 5/10/16 Contract No. 4030 Page 17 of 143 Pages 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. l' • ., Revised 5/10/16 Contract No. 4030 Page 18 of 143 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) DOVE LIBRARY HVAC CONTROLS CONTRACT NO. 4030 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 DIR Subcontractor's Amount of Portion of Subcontractor Name and Registration License No. and Work by Work Location of Business Subcontractor No. Classification* in Dollars* --.I.r, \ f '-.J \.__./" Page __ ( _ of _l__ 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." l' •+;' Revised 5/10/16 Contract No. 4030 Page 19 of 143 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) DOVE LIBRARY HVAC CONTROLS CONTRACT NO. 4030 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. Date Name and Address Name and Phone No. Amount Contract of the Employer of Person to Type of Work of Completed Contract Contract -J( _":1;::;;,/ -~ £v_-:"D It:,, .. .-rt..,, ·µrJ J, +-f-LAS~-tl i < fJ. rJ r .,. r1~,n q 4 .,,t -4 3 ou i?A'!':. s.,,,s-f .. ...- .:J. l'l..v I~ r~nc->A ·13;{( //('-I t' .-:;., Irs. ..&,.. (( <[_ .Cb; 1 "7l.c.~ ~ ,'). '> r·o C 3 B ,,/':) S -~ !t-~1..1- 7/k-,/~ c:; is s o e~,. ... + ff .;c., r., n > -C,,,,_s ~, ( «·r: ocO C:SK ,:, J.9 -7.). 5 3 if .:-£-s S-;-,f.-,._ Sf 'J.e,,, 7 B.4L .,_~A tr..;.r .,Jc:.. I Kc---rlc.... 'A-• .:..<..,,,,,.) IL.As f-..,._ t f 9o c..:iof:11 c;,,q Cj'C,o_ 1./.r-~,-S AS. S-.,,...5..(: .. ,...v,. - ,, •,; Revised 5/10/16 Contract No. 4030 Page 20 of 143 Pages BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) DOVE LIBRARY HVAC CONTROLS CONTRACT NO. 4030 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: 0"" Comprehensive General Liability 6 Automobile Liability 0 Workers Compensation ~ Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. 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. l' • ., Revised 5/10/16 Contract No. 4030 Page 21 of 143 Pages I ~ ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 3/8/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement s . PRODUCER Wood Gutmann & Bogart Insurance Brokers License #0679263 15901 Red Hill Ave., Suite 100 Tustin CA 92780 INSURED SEASl-1 Seaside Heating & Air Conditioning, Inc. 1359 Rocky Point Dr. Oceanside CA 92056-5864 COVERAGES CERTIFICATE NUMBER: 1947343615 INsuRER A :Am ri n Fir fil1d Casualty Co __ 4.0fili ___ - INsuRER~:West American Ins Co INSURER c :Insurance Company of the West _ _____ __ INSURER D: INSURER E: INSURER F: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR-·----------·---POLICY EFF POLICY EXP ---IAUUL l:SUl>H LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) {MM/DD/YYYY) B GENERAL LIABILITY BKW1756131684 9/18/2016 9/18/2017 EACH OCCURRENCE $1,000,000 ~ - -DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence\ !1QQ,Q00 -·7 CLAIMS-MADE ~ OCCUR MED EXP (Any one person) -~5_,QQQ ----------- PERSONAL & ADV INJURY $1,000,000 ~ GENERAL AGGREGATE $2,000,000 ---- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG _g,o_oQ,ooo -I POLICY ,-7 P,t?,: nLOC $ \ AUTOMOBILE LIABILITY BAA1756131684 ---9/18/2016 9/18/2017 (Ea accide~tf'N<>Lc uMI 1 $1,000,000 ---- X ANY AUTO BODILY INJURY (Per person) $ ------------SCHEDULED ALL OWNED BODILY INJURY (Per accident) $ AUTOS ~--AUTOS --- X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS ~ AUTOS [~caccide!l!] --------- X Comp $500Ded X Coll $500Ded $ A UMBRELLA LIAB H OCCUR ESA1756131684 9/18/2016 9/18/2017 EACH OCCURRENCE $1,000,000 ~------- X EXCESS LIAB CLAIMS-MADE AGGREGATE $ oEo Ix I ~ETENT10N$NIL $ C WORKERS COMPENSATION WSD502592003 3/1/2017 3/1/2018 X ! WC STATU-I IOTH- AND EMPLOYERS' LIABILITY I TORY l lMITS FR ------YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT $1,000,000 ---------OFFICER/MEMBER EXCLUDED? (Mandatory in NH) _Ee:!,, DISEASE -EA EMPLOYEE $1,000,000 --If yes, describe under E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Contract # 4030 CERTIFICATE HOLDER Dove Library 1775 Dove Lane Carlsbad CA 92011 ACORD 25 (2010/05) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) DOVE LIBRARY HVAC CONTROLS CONTRACT NO. 4030 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? -L 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: 5 ,, j 1 / ,_... ~?~--> ,4 ffet.y/,--f':j --ccL· ,,,...,(,N'l__k, f,...,. -~ . J.-.---c. -( (name of Contractor) By: (? -~ (sign here) Ckr..r-r(-A ~c---lcc.--r (print name/title) Page _j_ of _J_ pages of this Re Debarment form l' • ., Revised 5/10/16 Contract No. 4030 Page 22 of 143 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) DOVE LIBRARY HVAC CONTROLS CONTRACT NO. 4030 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? .>< 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? 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? v· 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 _J_ of _L pages of this Disclosure of Discipline form l'\ • ., Revised 5/10/16 Contract No. 4030 Page 23 of 143 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) DOVE LIBRARY HVAC CONTROLS CONTRACT NO. 4030 1) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party whose 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. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: s~t>--s,£(1 //,c,-{, ... , .rA ,.,.~ J-1,""''"<;... (name of Contractor) By: C:E~ (sign here) t /.1r ... I t"'s 2tr'fc.o--r-[<j:" 0 (print name/title) Page _L_ of -f-pages of this Disclosure of Discipline form l' • ., Revised 5/10/16 Contract No. 4030 Page 24 of 143 Pages NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 DOVE LIBRARY HVAC CONTROLS CONTRACT NO. 4030 The undersigned declares: I am the b, c.Oc.ft;;, i-of .S..-c.;,...S ,dJe , the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true ~-and correct a_nd that this declaration is executed on Mc...-'-1 ?-3. , 20_Q at 0~ ... :.u1t' [city], C tt [state]. ::--,, Signature of Bidder l'\ • ., Revised 5/10/16 Contract No. 4030 Page 25 of 143 Pages CONTRACT PUBLIC WORKS This agreement is made this d rf.f:/J day of -L.C:......C:,"""\l.,,p..,6""'--''---'-'i,~'"""-------' 20-14.:, by and between the City of Carlsbad, California, a munici al corporation, (hereinafter called "City"), and Seaside Heating & Air Conditioning, Inc. whose principal place of business is 1359 Rocky Point Dr., Oceanside, CA 92056 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: (hereinafter called "project") DOVE LIBRARY HVAC CONTROLS CONTRACT NO. 4030 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, Noncollusion Declaration, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, 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. l'\ • ., Revised 5/10/16 Contract No. 4030 Page 26 of 143 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 Ill 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. Contractor shall comply with California Labor Code, section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. l' • ., Revised 5/1 0/16 Contract No. 4030 Page 27 of 143 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: $2,000,000 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: $2,000,000 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 and Employers' Liability limits of $1,000,000 per incident. 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 l' •,; Revised 5/1 0/16 Contract No. 4030 Page 28 of 143 Pages officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. 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 ,, • ., Revised 5/10/16 Contract No. 4030 Page 29 of 143 Pages $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. (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. /.? "'.< . 't L, c, lnl 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. l~ •,;' Revised 5/10/16 Contract No. 4030 Page 30 of 143 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: CITY OF CARLSBAD a municipal corporation of <7 ,I,, _ ,;1 /.,;.-;---the State of California .:>-~, .. ~,~. r-/(..,.,,+_, z r ),,·( c:-.-<,.t.., '-Jl{~ (name of Contractor) By:---.... ~-~~'""'------------ 1/ <.-:> By: ( b<":c:::::::::<:----- . t(sign here) (;j /41... 1--(_ s 12(.,Y I u·-r e ~o (print name and title) ,:__-> -d-~ .,...--__. By:_,,-,,?:... ~- r (Sign here) [.-~., m, '-5./zr->-d (print name and title)' Kevin Crawford I City Manager President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER City Attorney By:~ Deputy City Attorney l' • ., Revised 5/10/16 Contract No. 4030 Page 31 of 143 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A no. tary public or other officer completing this certificate verifies only the identity of the individual who sign~~-;~~] document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ·--· - -------· -----------· -·----------------·-----·--.---------- State of California Coontyof ~ 3-1~1 On Arn /2 ii: i= befoce me, Jess fa Tun .Sm 'drh' Noh£! ],bl\ (__, ___,__T Date Here Insert Name and Title of the Of icer personally appeared Cha,Y'.\is 13t1\_(~Y- Name{gf of Signetfa{ who proved to me on the basis of satisfactory evidence to be the person(sYwhose name.(ij is/~ subscrJb~d to the within instrume,!)J: and acknowledged t.9 me that he/~/~y executed the same in his/t;rerAneir authorized capacit>'fies), and that by his/lxfr/~eir signature(~on the instrument the perso~ or the entity upon behalf of which the person..(sr'acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public Place Notary Seal Above ----------------OPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attache. d Do~mtn_!_,L .\h A . .., f~ Title or Type of Docutent: '-.DY\\IQ.(,'1_ 4L ~\.)')\2 _:y(A b\1 \'1 W,)(\lS Document Date: '::) 18l \:l-Number of Pages: l43 -+~at'? 1) Signer(s) Other ThanNamed Above: 'Se ......... ' ~:e-~c-J_,...,.K.,.,.1,...1.,...jMc-,..,,,.,U..-+-,,.*7,__ ______________ _ Capacity(ies) Cln;ed1by S~r(~) S19,Eer's Name: C\,l Q,S 'I:~ /~orporate Officer -Title(s): 0 r Q ' Partner -Limited General Individual Trustee Attorney in Fact Guardian or Conservator Other: _______________ _ Signer Is Representing: _________ _ Signer's Name:---------------==-__,. Corporate Officer -Title(s): ----=-=--- Partner -Limited Ge Individual A ey in Fact Guardian or Conservator ©2016 National Notary Association · www.NationalNotary.org · 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ! A notary public or other officer completing this certificate verifies only the identity of the individual who signed t~e -- i document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. L _________ ----------------------------------------------- JessiCA Tu ~m*b , \iaili;,t R'o\ic, Here Insert Name and Title of the Oficer personally appeared \\ Name{;ef of Signer~ who proved to me on the basis of satisfactory evidence to be the personWwhose name%f is/¥' subscribed to the within instrument and acknowledged to me that he/sbe~ executed the same in his/~J,1-!'eir authorized capacit~ and that by his/~j.Reir signature~on the instrument the perso~ or the entity upon behalf of which the person'9Yacted, executed the instrument. r:=mrecna,••••••mnoeeeasen• ~~ OFFICIAL SEALI "';-1§-Y. -~~\ ,.JESSiCA RAE SMITH ~~~ .. _ 13} _' :~l NOTI\RY tUBL}C·CALIFORNIAi ,f$.,~0 , , / CO,v.M. NO. 2043524 - .~ ... -SAN DIEGO COUNTY ~:.'flit/ MY COMM. EXP. SEPT 30. 2017 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ----------------OPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Do~m ,nt . , Title or Type of Doc1,1 ent: _ln~ I:.\----::r¼bl-L Wa(\c.S ~ Document Date: · · · 2' :::)__ Number of Pages: ~~ffti 3 I / Signer(s) Other Than Na ed Above: ~Q~_._,C~C~------------------- Trustee Attorney in Fact Guardian or Conservator Other: _____ _ Signer Is Representing: _________ _ Signer's Name:-----------==-'--- Corporate Officer -Title(s):.__,_.-,,,::::_'------------ -Partner -_ Limite eneral Individual ' Attorney in Fact Guardian or Conservator ©2016 National Notary Association · www.NationalNotary.org · 1-800-US NOTARY (1-800-876-6827) Item #5907 Bond 894342P Premium is included in Performance Bond. LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. _________ , adopted --,-.,........,,-,--....,.,...--=---,,-,--=-----,,,.,.,..---,--,-------' has awarded to Seaside Heating & Air Conditioning, Inc. (hereinafter designated as the "Principal"), a Contract for: DOVE LIBRARY HVAC CONTROLS CONTRACT NO. 4030 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Seaside Heating & Air Conditioning, Inc. , as Principal, (hereinafter designated as the "Contractor"), and Indemnity Company of California ________________ as Surety, are held firmly bound unto the City of Carlsbad in the sum of One Hundred Seventy Three Thousand and 00/100 _______________________ Dollars($ 173.000.00 ), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. ,, •+;' Revised 5/10/16 Contract No. 4030 Page 32 of 143 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this _____ _ day of __________ , 20 __ _ CONTRACTOR: Seaside Heating & Air Conditioning, Inc. (name of Contractor) ,,,,,--:;--~)-, By: -----'--' __ '---,,, ________ _ / 7 .>-(fu;nne;~) (title and organization of signatory) ,,.,--; ~ By: ----C~· --,,s_-_.,_,....-----.-::::_. ______ ~- (sign here) /~J /: c~r ( ___ ,:,; ? c,-/u.., C (print name here) ,. -·, 1 tv S r"' cc~ ,. , cO 12. H + -, r 11 . r (title and organization of signatory) Executed by SURETY this --'2"""'5'-'-th'-'---___ day of ____ A_u_,,g<._u_s_t _____ , 20 17 SURETY: Indemnity Company of California (name of Surety) 17771 Cowan, Ste 100, Irvine, CA 92614 (address of Surety) (800) 782-1546 (telephone number of Surety) ~act) Ted Collins, Attorney-in-Fact (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER CityAtto~ By: __ ""~=-'--=-=:c..=-=.;=-i.""'--=-~------------ Deputy City Attorney ,, •t' Revised 5/10/16 Contract No. 4030 Page 33 of 143 Pages POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Ted Collins, Leslie Hahn, Jennifer Palmer, Steven R. Bonilla, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, 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 of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are 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 Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice-President, Senior Vice-President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either 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 Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations 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 officers and attested by their respective Secretary or Assistant Secretary this 6th day of February, 2017. By~~·l,(-:t Daniel Young, Senior Vice-President / ¥P' By~~----- Mark Lansdon, Vice-President A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On_ __ F_eb_r_ua_ry~6~,_2_01_7 _____ before me, Date personally appeared Place Notary Seal Above L_llcille Raym()nd0 Notary Pub~c Here Insert Name and Title of the Officer Daniel Young and Mark Lansdon Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not 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, this 25th day of August , 2017 /J . . . By_ ~-i .. --Cassie YJrrisloid-, Assistant Se ATS-1002 (02117) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 i A nota,y pcblic °' othe, omce, completing thiS ce,titicate "'"es only tne •dentity ot the indi,>dcal who sign,~ th~ i i document to w.riich this certificate is attached, and not the truthfulness, accuracy, or validity of that document --~-~- State of California County of San Diego On _ August 25, 2017 before me, ___ J_. _P_a_lm_e_r,_N_o_t_a_r_y_P_u_b_li_c ______ _ Date personally appeared Here Insert Name and Title of the Officer Ted Collins Name(s) of Signer(s) ---------------------------------- who proved to me on the basis of satisfactory evidence to be the person~ whose name_£gi is/affi subscribed to the within instrument and acknowledged to me that he/slil11,'tliley 0xecuted the same in his/t:ler/11-teir authorized capacity(i.eSJ, and that by his/he1ftheil' signature-'8)' on the instrument the person~. or the entity upon behalf of which the person~ acted, executed the instrument. f •. -,,~,.. J. PALMER .. t Ii: _ -, · Commission No. 2146155 > ~ . NOTARY PUBLIC-CALIFORNIA~ t · SAN DIEGO COUNTY -~ Commission Expires March 23, 2020 J Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature x_ --0..~----------=c:::rs~re of Notary Pubi,c ----------------OPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ______________ Document Date: Number of Pages: ____ Signer(s) Other Than Named Above: Capacity(ies} Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ___________ _ ~ Corporate Officer -Title(s): ___________ _ __ Corporate Officer -Title(s): __ : • Partner -Limited r General Partner -Limited General ; Individual r Attorney in Fact ~-Individual Attorney in Fact · Trustee ! Guardian or Conservator , Trustee Guardian or Conservator -~ Other: ________________ _ Other: ------------------------Signer Is Representing: ________ _ Signer Is Representing: _________ _ ------------------------ ©2014 National Notary Association · www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item i/5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 r-;-notary public or other officer completing this certificate verifies only the identity of the individual who sign~~-;;-l i document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. · ···----··-"-----------·-·---------- ~~a~~t~,o~a~~ -iJ- On Puq . 19fu, · = before me, ~~s \('~ R& S:m\fu, N~\-a g TubF G Date ('I ~ Here Insert Name and Title of the Officer personaIIy appeared _ ;V'a.V::Lcs ~t\bv Namejttf of S1gnerf;;,(' who proved to me on the basis of satisfactory evidence to be the perso~ whose nam~ is/~ subscri~d to the within instrument and acknowledged to me that he/spe1tJ;i,eV executed the same in his/~~authorized capacitY,~and that by his/~~ir signatur*1on the instrument the perso~ or the entity upon behalf of which the perso~ acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ----------------OPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached D9cur1ent \ \,., "T2 ~--" \ .. Title or Type of Document: LAVkV:: lIDO. MrutV\t.tts ·uxv-w-: eq4'J l.\:lP Gµ Document Date: _8 \·2~\:: Number of Pages: li~ . . \2-) Signer(s) Other Than Named Above: ~Y~f~d-J..,...)i ..... Al....,M---iA'\_.._....,f ___________ _ Capacity(ies) C~d by S_i ner(s) ,s~ner's Name: · A Corporate Officer -~T~1tl:-=-e--:-..(s-;"):-~~,;;::----- Partner -Limited : Genera Signer's Name:------:::,,,'=-------~ Corporate Officer -T Partner -, Li . a Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Guardian or Conservator Other: ________________ _ er: ______________ _ Signer Is Representing: _________ _ gner Is Representing: __________ _ ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 -;~~~ry public or other officer completing this certificate verifies ~-n~y t~~ identity of the individual who s~g~e;~~e 7 , document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. L _____ -------------------------------------- State of California Couety,of 'SJ,n 1)1<'¥ I On~O QoG beforeme, .Jess\Coi Date \ ~-0 S'tmfu I \1 t¼~ P\\0\1c_ __ , Here Insert Name and Title of the Officer personally appeared ~,._,_\ l~r'C=,\~\J~l!-~)e=\,__,__'7'f.~14-\~~jc----------------~ .,...~ Namej:efof Sig!)ftf'(s) who proved to me on the basis of satisfactory evidence to be the person~ ';\!hose namafs(is/~ subscribed to the within instrument and acknowledged to me that he/s~~xecuted the same in his(j;1€r/t~fr authorized capacity_W,-and that by his/!)efltpe1r signature>8fon the instrument the perso~ or the entity upon behalf of which the person~cted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature Place Notary Seal Above ----------------OPTIONAL----------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docl\ment ,. \ rd 1, A 11 c1.q,i 11_,Qt1li1 Title or Type of Doc;um,~nt: U\\')u( __{i~__l"\~C~~1t:~\~~W'.=·~5_t1-,.,~~· ~-~O_"t_.J_~-~~--------=--- Document Date:fil 2.~ 17 , Number of Pages: -=--'----"<-+--1--'3 L.) Signer(s) Other Than Named Above: -Se~-R...,__-'-'0~(\""(.,.,IJ.f+-1'½-'-"'-'Q~"--4t--------------- Capacity(ies) Cl~med :by i ner(s) ?5J,.'.1er' s Name: -=..J~\.._.Yr_....i¥141_,.,\ O..._~..,.__,,_~r)~i-------- ~orporate Officer -'Title(s): -·+-->-~·----- Partner -Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: ______________ _ Signer Is Representing: _________ _ Signer's Name: ____________ _ Corporate Officer -Title(s): ---------=?' Partner -Limited Genera Individual Atto in Fact Trustee Other~: _______________ _ s Representing: _________ _ (02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Bond 894342P Premium $4,325.00 Premium is for contract term and is subject to adjustment based on final contract price. FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. ______ , adopted __________________ has awarded to ___________ S_e_a_s_id_e_H_e_a_ti_n_g_&_A_ir_C_o_n_d_it_io_n_in~g~,_ln_c_. _______ , (hereinafter designated as the "Principal"), a Contract for: DOVE LIBRARY HVAC CONTROLS CONTRACT NO. 4030 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, Seaside Heating & Air Conditioning, Inc. , as Principal, (hereinafter designated as the "Contractor"), and Indemnity Company of California _____________ , as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of One Hundred Seventy Three Thousand and 00/100 _____________________ Dollars($ 173,000.00 ), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified 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, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. {'\ •+' Revised 5/10/16 Contract No. 4030 Page 34 of 143 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this _____ _ day of __________ , 20 __ _ CONTRACTOR: Seaside Heating & Air Conditioning, Inc. (name of Contractor) _,.., ~,.--:::> /ti ?-· ./. By: ---+(-.. -~P=(s--~-g-~;_h_e ..... re_)..,,<;;::--====·==--- (print name here) c.·1 ru s::..,-=,.,.. ci"'~ rr:t-2-r .Ir (Title and Organization of Signatory) ----· --··---:::~ By: -'S,,......;~..__--"=~-~--·.-_.· ---- ... >~-/ (sign here) (print name here) "7 , 2'-j ;>q) I 1. /l ,Jrc J tL ·( (Title and Organization c5f signatory) Executed by SURETY this 25th day of -----=--A=u~g=u=st=-------' 20 17 SURETY: Indemnity Company of California (name of Surety) 17771 Cowan, Ste 100, Irvine, CA 92614 (address of Surety) (800) 782-1546 (telephone number of Surety) Ted Collins, Attorney-in-Fact (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: __ ~---------- Deputy City Attorney ,, •+;' Revised 5/10/16 Contract No. 4030 Page 35 of 143 Pages POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Ted Collins, Leslie Hahn, Jennifer Palmer, Steven R. Bonilla, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, 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 of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are 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 Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice-President, Senior Vice-President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either 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 Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations 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 officers and attested by their respective Secretary or Assistant Secretary this 6th day of February, 2017. ~-. J ~ ,,,,, .. , .. ,.,,,,, By; -._L__,1~ ~ _,,··~,:,_~~~ftvo''•,, Daniel Young, Senior Vice-President· · l 0~···01>-Poll.j;,-•• ~~ ·-:. f /;/'*"c; ~0 \t l By• c:27~ ~ tt 1936 )gj f -~ · -\ (.y;;.~1L1Fol'-",';.~fl Mark Lansdon, Vice-President '• '.'). ......... "" ,, ,,,,,,o * ~,,,,' ........ ,,, A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On February 6, 2017 Date personally appeared Place Notary Seal Above before me, Lucille Raymond, Notary Public Here Insert Name and Title of the Officer Daniel Young and Mark Lansdon _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature CERTIFICATE I' C} '--- / . ~rP/~ L~cill~ay o d, ota y ub ic----. - The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective l:loards 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, this 25th day of August , 2017 /j ·:1,-. By• ~ Cassie J. rrisford, Assistant Se ATS-1002 (02/17) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ~-----------------------------------------·-·-·--·- , A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or val1d1ty of that document ---______________________________________ ____, State of California County of San Diego On August 25, 2017 before me, ___ J_. P_a_l_m_e_r_, _N_o_ta_r_y_P_u_b_l_ic _______ _ Date Here Insert Name and Title of the Officer personally appeared _________ T_e_d_C_o_l_li_n_s ________________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/affi subscribed to the within instrument and acknowledged to me that ho/oR&,10~ey executed the same in his/R@l'J1~19eir authorized capacity(i,e$J, and that by his/l=terlthei1 signature-'8')' on the instrument the person~, or the entity upon behalf of which the person(;rf acted, executed the instrument. J .-.. u~-. J. PALMER • f -· -Commission No. 2146155 > t NOTARY PUBLIC-CALIFORNIA ~ f . · · SAN DIEGO COUNTY ~ l Commission Expires March 23, 2020 ~ Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal s;goatu<e --ig;;-. m of Notary PubUc-~---- ----------------OPTIONAL ---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________ Document Date: Number of Pages: ___ Signer(s) Other Than Named Above: ______ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ Corporate Officer -Title(s): _________ _ _ -Corporate Officer -Title(s): _____________ _ Partner -. Limited ~-General Partner -Limited General Individual Attorney in Fact Individual Attorney in Fact Trustee ! Guardian or Conservator Trustee Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: __ _ -· ------------------------·-------------------------·----- ~2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed th~-1 document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. J --.. --··---·----- State of Ca~rn;a ~ . County of ~ ' · (\ ) On Jsiia.. .-1-k!Q!A~ befo,e me, lss101 Thg 'Smith ! N1\\t~ :Thb\i C Date lli . . Here Insert Name and Ti le of the Of 1cer personally appeared:{u,S o\&V:::: Namej;,-{ of Signe¢ ------who proved to me on the basis of satisfactory evidence to be the personj;-1' whose nam$1' is/~ subscribed to the within instrument and acknowledged to me that he/~~ executed the same in his/~ authorized capacity~and that by his/per-/~ signature~n the instrument the perso$r,' or the entity upon behalf of which the person~acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ----------------OPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Do~entr .. ~-1'-.rllla ••A''" \ . , I n, . · Title or Type of Docum:r~ ~~N;11.\ 1?-lrn~\'J (!\'Yll.\\\\{ \)~\'\O it 13q4~4,2.,p Document Date: Bl2'St0: Number of Pages: __ _ Signer(s) Other Than Named Above: S:€f To:u \~ __ c.apacity(ies) Cla~n~e.r( )_ . ,t>19_ner's Name: . ' • .t:'.'.-+----- ~rporate Officer -itle(s): 0 . Partner -Limited · • General Individual Trustee · Attorney in Fact Guardian or Conservator Other: ______________ _ Signer Is Representing: _________ _ Signer's Name: _______ _ Corporate Officer -Title(s): --=---=----- Partner -· Limited : -Individual a orney in Fact -1 Guardian or Conservator ©2016 National Notary Association · www.NationalNotary.org · 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 : 1 --~~t~ry public or other officer completing this certificate verifies only the identity of the individual who sign~~;e-.· document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. i '---·------------------------------------.. ) ) ~4--==--L-J-_before me, Jtss () ~ ~rnd:111 Na:t:Atj :P~\?H C, Date personally appeared \ --, . . . Here Insert Name and Title of the Officer lfn\1LU ){[\1~\1-1-1----~----~ j Namejef of Signe,wt{ who proved to me on the basis of satisfactory evidence to be the person~whose nam~s/;,(e subscribed to the within instrument and acknowledged to me that he/~/~ executed the same in his/]Jer1Uireir authorized capacity~ and that by his/~/J;Preir signaturekBf on the instrument the perso.t:*f, or the entity upon behalf of which the perso~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 1 t~ubl;c Place Notary Seal Above ----------------OPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Do um nt -V Title or Type of Doc}men1: '-<. ' 4 ~ ' Document Date: 0 /l'? I jJ l-~ Signer(s) Other Than Named Above: .stL. C\.._.cc_·CU.~M.l~·l'-~f~-------------- Capacity(ies) Cla,med by Si Signer's Name: -'._J""'--'~µ.ll...._--.J~l"\l-L.e.:'.t------- ..-Corporate Officer -Title(s): -;-'--'-l.,,;t----- Signer's Name:-----------=___.-::- ' Corporate Officer -Title(s): -=__,,:::_ ___ _ Partner -Limited : General Partner -Limited eneral Individual Attorney in Fact Individual ttorney in Fact Trustee Guardian or Conservator -Guardian or Conservator Other: ______________ _ Signer Is Representing: _________ _ @2016 National Notary Association · www.NationalNotary.org · 1-800-US NOTARY (1-800-876-6827) Item #5907 GENERAL PROVISIONS FOR HVAC CONTROL REPLACEMENT DOVE LIBRARY CONTRACT NO. 4030 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. ,, -~ Revised 5/10/16 Contract No. 4030 Page 39 of 143 Pages 1-2DEFINITIONS. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Addendum -Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency -The City of Carlsbad, California. Agreement -See Contract. Assessment Act Contract -A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base -A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid -The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder -Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board -The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond -Bid, performance, and payment bond or other instrument of security. City Council -the City Council of the City of Carlsbad. City Manager -the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract -A Contract financed by means other than special assessments. Change Order -A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code -The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager-the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract -The written agreement between the Agency and the Contractor covering the Work. 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 Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, l'\ •+;' Revised 5/10/16 Contract No. 4030 Page 40 of 143 Pages 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. Deputy City Engineer, Construction Management & Inspection -The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. 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 City Engineer 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. 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. ,, -~ Revised 5/10/16 Contract No. 4030 Page 41 of 143 Pages 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. 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. Sewer -Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications -General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. 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. {'\ •+;' Revised 5/10/16 Contract No. 4030 Page 42 of 143 Pages 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. Supplemental Provisions -Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. 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. 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. 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. l'\ •,;' Revised 5/10/16 Contract No. 4030 Page 43 of 143 Pages 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 COMM ....................................................... Commercial ABAND ....................................................... Abandoned CONG ........................................................... Concrete ABS ........................ Acrylonitrile -butadiene -styrene CONN ........................................................ Connection AC .................................................... Asphalt Concrete CONST .................................. Construct, Construction ACP ........................................... Asbestos cement pipe COORD ...................................................... Coordinate ACWS ..................... Asphalt concrete wearing surface CSP ............................................ Corrugated steel pipe ALT ................................................................ Alternate CSD ............................... Carlsbad Standard Drawings APTS ................................. Apartment and Apartments CTB ............................................ Cement treated base AMER STD ................................... American Standard CV ............................................................ Check valve AWG ............... American Wire Gage (nonferrous wire) CY ............................................................... Cubic yard BC .................................................. Beginning of curve D .............................................................. Load of pipe BCR ....................................... Beginning of curb return dB ................................................................... Decibels BORY ............................................................ Boundary DBL .................................................................. Double BF ..................................................... Bottom of footing OF ............................................................... Douglas fir BLDG ........................................ Building and Buildings DIA ................................................................ Diameter BM ............................................................. Bench mark DIP ..................................................... Ductile iron pipe BVC .................................... Beginning of vertical curve DL ................................................................ Dead load B/W ........................................................... Back of wall DR ...................................................... Dimension Ratio CIC ..................................................... Center to center OT ................................................................. Drain Tile CAB ...................................... Crushed aggregate base DWG ............................................................... Drawing CAL/OSHA ............ California Occupational Safety and DWY .............................................................. Driveway Health Administration DWY APPR ................................... Driveway approach CalTrans ....... California Department of Transportation E ....................................................................... Electric CAP .................................... Corrugated aluminum pipe EA ........................................................................ Each CB ............................................................. Catch Basin EC ............................................................ End of curve Cb ........................................................................ Curb ECR ................................................ End of curb return CBP ............................... Catch Basin Connection Pipe EF ................................................................ Each face CBR ....................................... California Bearing Ratio EG ......................................................... Edge of gutter CCR ............................ California Code of Regulations EGL .................................................. Energy grade line CCTV ............................................... Closed Circuit TV El ................................................................... Elevation CES .......................... Carlsbad Engineering Standards ELC ..................................... Electrolier lighting conduit CF ................................................................ Curb face EL T ........................................................ Extra long ton CF ................................................................ Cubic foot ENGR ....................................... Engineer, Engineering C&G .................................................... Curb and gutter EP ................................................... Edge of pavement CFR ................................ Code of Federal Regulations ESMT ........................................................... Easement CFS ......................................... Cubic Feet per Second ETB .......................................... Emulsion-treated base CIP ......................................................... Cast iron pipe EVC ............................................... End of vertical curb CIPP ................................................ Cast-in place pipe EWA ............................... Encina Wastewater Authority CL ............................................ Clearance, center line EXC ............................................................ Excavation CLF .. .. .. .. .. ... . . .. . ..... .. . .. .. . .. . . ........... Chain link fence EXP JT ................................................. Expansion joint CMB ............................... Crushed miscellaneous base EXST ............................................................... Existing CMC ......................................... Cement mortar-coated F .................................................................. Fahrenheit CML ............................................ Cement mortar-lined F&C ................................................... Frame and cover CMWD .................... Carlsbad Municipal Water District F&I .................................................. Furnish and install CO .................................................... Cleanout (Sewer) FAB ............................................................... Fabricate COL .................................................................. Column FAS ............................................... Flashing arrow sign l'\ •+;' Revised 5/10/16 Contract No. 4030 Page 44 of 143 Pages FD ............................................................... Floor drain MH ................................... Manhole, maintenance hole FON ............................................................ Foundation MIL SPEC .................................... Milita~ specification 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 MISC ..................................................... Miscellaneous MOD ................................................... Modified, modify MON ............................................................ Monument MSL .. Mean Sea Level (Reg. Standard Drawing M-12) MTBM ......................... Microtunneling Boring Machine MUL T ............................................................... Multiple MUTCD ..... Manual on Uniform Traffic Control Devices MVL ............................................... Mercu~ vapor light NCTD .............................. North County Transit District NRCP .............................. Nonreinforced concrete pipe OBS ............................................................... Obsolete GAL ............................................... Gallon and Gallons OC ................................................................ On center GAL V ......................................................... Galvanized O0 ..................................................... Outside diameter GAR ........................................... Garage and Garages OE .............................................................. Outer edge GIP .............................................. Galvanized iron pipe OHE ................................................ Overhead Electric GL ........................................ Ground line or grade line OMWD ................. Olivenhain Municipal Water District GM .............................................................. Gas meter OPP ............................................................... Opposite GNV ............................................... Ground Not Visible ORIG ................................................................ Original GP .................................................................. Guy pole PB ................................................................... Pull box GPM ................................................ gallons per minute GR ...................................................................... Grade PC .................................................... Point of curvature PCC ....................... Portland cement concrete or point GRTG ............................................................... Grating GSP ........................................... Galvanized steel pipe H ............................................................ High or height HB .................................................................. Hose bib HC ................................................... House connection HOWL ........................................................... Headwall HGL. ............................................. Hydraulic grade line HORIZ .......................................................... Horizontal HP ............................................................. Horsepower of compound curvature PCVC ....................... Point of compound vertical curve PE ........................................................... Polyethylene Pl .................................................. Point of intersection PL ............................................................. Property line PMB ............................ Processed miscellaneous base POC ...................................................... Pointon curve POT .................................................... Point on tangent PP .............................................................. Power pole PRC .......................................... Point of reverse curve HPG ................................................ High pressure gas PRVC ............................ Point of reverse vertical curve HPS ................................ High pressure sodium (Light) HYDR ............................................................ Hydraulic PSI ......................................... Pounds per square inch PT .................................................... Point of tangency IE ......................................................... Invert Elevation PVC .................................................. Polyvinyl chloride ID ........................................................ Inside diameter PVMT ........................................................... Pavement INCL ............................................................... Including PVT R/W ....................................... Private right-of-way INSP ............................................................. lnspection Q ........................ Rate of flow in cubic feet per second INV ...................................................................... Invert QUAD ....................................... Quadrangle, Quadrant IP .................................................................... Iron pipe R ....................................................................... Radius JC ..................................................... Junction chamber R&O ......................................................... Rock and oil JCT ................................................................. Junction R/W .......................................................... Right-of-way JS ..................................................... Junction structure RA ...................................................... Recycling agent JT ......................................................................... Joint RAC ................................... Recycled asphalt concrete L ........................................................................ Length RAP ................................ Reclaimed asphalt pavement ~B ............................................................. ~~~~ RBAC ............................. Rubberized asphalt concrete LAT ................................................................... Lateral RC ................................................ Reinforced concrete LB ...................................................................... Pound RCB ...................................... Reinforced concrete box LO ..................................................... Local depression RCE ...................................... Registered civil engineer LF ................................................................ Linear foot RCP ..................................... Reinforced concrete pipe LH ............................................................... Lamp hole RCV ........................................... Remote control valve LL ................................................................... Live load REF ............................................................. Reference LOL ............................................................. Layout line REINF .............................. Reinforced or reinforcement LONG ........................................................ Longitudinal RES ............................................................... Reservoir LP ................................................................ Lamp post RGE ........................ Registered geotechnical engineer LPS ................................. Low pressure sodium (Light) ROW ....................................................... Right-of-Way LS ................................................................ Lump sum RR ................................................................... Railroad L TS .................................................... Lime treated soil RSE .............................. Registered structural engineer LWD ............................... Leucadia Wastewater District RTE .................................... Registered traffic engineer MAINT ..................................................... Maintenance S .................................... Sewer or Slope, as applicable MAX ............................................................. Maximum SCCP ............................... Steel cylinder concrete pipe MCR ............................................ Middle of curb return SD ............................................................. Storm drain MEAS ............................................................. Measure SDNR .............................. San Diego Northern Railway ,, •+;' Revised 5/10/16 Contract No. 4030 Page 45 of 143 Pages SDR ....... Standard thermoplastic pipe dimension ratio TF ........................................................... Top of footing (ratio of pipe O.D. to minimum wall thickness) TOPO ........................................................ Topography SDRSD ......... San Diego Regional Standard Drawings TR ........................................................................ Tract SE ...................................................... Sand Equivalent TRANS ......................................................... Transition SEC .................................................................. Section TS ......................... Traffic signal or transition structure SF ............................................................. Square foot TSC ............................................. Traffic signal conduit SFM ................................................ Sewer Force Main TSS ........................................... Traffic signal standard SI. ...................... International System of Units (Metric) TW .............................................................. Top of wall SPEC ..................................................... Specifications TYP .................................................................. Typical SPPWC .......................................... Standard Plans for UE .............................................. Underground Electric Public Works Construction USA .................................... Underground Service Alert SSPWC ............................. Standard Specifications for VAR ..................................................... Varies, Variable Public Works Construction VB ................................................................ Valve box ST HWY ................................................ State highway VC .......................................................... Vertical curve ST A ................................................................... Station VCP ................................................... Vitrified clay pipe STD ............................................................... Standard VERT ............................................................... Vertical STR .................................................................. Straight VOL .................................................................. Volume STR GR ................................................ Straight grade VWD ....................................... Vallecitos Water District STRUC .......................................... Structural/Structure W ........................ Water, Wider or Width, as applicable SW ................................................................. Sidewalk WATCH .............. Work Area Traffic Control Handbook SWD ...................................................... Sidewalk drain WI ............................................................ Wrought iron SY ............................................................ Square yard WM ........................................................... Water meter T .................................................................. Telephone WPJ .......................................... Weakened plane joint TAN ................................................................. Tangent XCONN ............................................ Cross connection TC .............................................................. Top of curb XSEC ..................................................... Cross section TEL ............................................................. Telephone {'\ -~ Revised 5/10/16 Contract No. 4030 Page 46 of 143 Pages 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 AWW A ....................................................................... 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 l'\ •+;' Revised 5/10/16 Contract No. 4030 Page 47 of 143 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 (µm) 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 (ft2) .................................................................................. 0.0929 square meter (m 2) 1 square yard (yd2) ................................................................................ 0.8361 square meter (m2) 1 cubic foot (ft3) ..................................................................................... 0.0283 cubic meter (m3) 1 cubic yard (yd3) .................................................................................. 0.7646 cubic meter (m3) 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 (lb) (avoirdupois) ........................................................... 0.4536 kilogram (kg) 1 ounce mass (oz) ................................................................................ 0.02835 kilogram (kg) 1 Ton (=2000 lb avoirdupois) ................................................................ 0.9072 Tonne (= 907 kg) 1 Poise .................................................................................................. 0.1 pascal · second (Pa · s) 1 centistoke (cs) .................................................................................... 1 square millimeters per second (mm2/s) 1 pound force (lbf) ................................................................................ .4.4482 Newton (N) 1 pounds per square inch (psi) ............................................................. 6.8948 Kilopascal (kPa) 1 pound force per foot (lbf/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) Common Metric Prefixes kilo (k) .................................................................................................... 103 centi ( c) ................................................................................................. 1 0-2 milli (m) .................................................................................................. 10-3 micro (µ) ................................................................................................ 1 o-6 nano (n) ................................................................................................. 10-9 pico (p) .................................................................................................. 10-12 ,, •+r' Revised 5/10/16 Contract No. 4030 Page 48 of 143 Pages 1-5 SYMBOLS ,,... L % ' I 0 PL CL SL Delta, the central angle or angle between tangents Angle Percent Feet or minutes Inches or seconds Number per or (between words) Degree Property line Centerline Survey line or station line 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 construction 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 ,, -~ Revised 5/10/16 Contract No. 4030 Page 49 of 143 Pages 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. 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. ,, •,; Revised 5/10/16 Contract No. 4030 Page 50 of 143 Pages 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. 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 General Provisions, project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The construction plans consist of one ( 1) set and consists of twelve ( 12) 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 and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract ,, •,;' Revised 5/10/16 Contract No. 4030 Page 51 of 143 Pages 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) Change orders, whichever occurs last. 2) Contract addenda, whichever occurs last. 3) Technical Specifications 4) Contract 5) Carlsbad General Provisions, and Supplemental Provisions. 6) Plans. 7) Standards plans. a) City of Carlsbad Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) Traffic Signal Design Guidelines and Standards. f) State of California Department of Transportation Standard Plans. g) State of California Department of Transportation Standard Specifications. h) California Manual on Uniform Traffic Control Devices (CA MUTCD). 8) Standard Specifications for Public Works Construction, as amended. 9) Reference Specifications. 10) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. 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. l'\ •+;' Revised 5/10/16 Contract No. 4030 Page 52 of 143 Pages 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. 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. Working drawings are required in the following scenarios: Any details that are not shown on plans or proprietary to the HVAC Controls l' •+;' Revised 5/10/16 Contract No. 4030 Page 53 of 143 Pages 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) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per 201-1.1. 7) Asphalt concrete mix designs per 203-6.1. 8) 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. 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. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the engineer. Any additional subsurface exploration shall be done by bidders or the contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra 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 ,., • ., Revised 5/10/16 Contract No. 4030 Page 54 of 143 Pages temporarily required. The contractor shall indemnify and hold the agency harmless from all claims for damages caused by such actions. 2-9 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. 2-9.1 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. 2-9.2 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. 2-10 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 l'\ -~ Revised 5/10/16 Contract No. 4030 Page 55 of 143 Pages 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 50 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 50 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. 3-2.2.2 Increases of More Than 50 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 50 percent, payment for the quantity in excess of 150 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 150 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 50 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 50 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 50 percent of the Bid quantity at the Contract Unit Price. {' •ti Revised 5/10/16 Contract No. 4030 Page 56 of 143 Pages 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 cannot 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. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 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 cannot 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. 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. l'\ •+;' Revised 5/10/16 Contract No. 4030 Page 57 of 143 Pages 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 CAL TRANS, 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. 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. {'\ •+;' Revised 5/10/16 Contract No. 4030 Page 58 of 143 Pages 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. 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 Ill disposal site in accordance 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 ,., •+;' Revised 5/10/16 Contract No. 4030 Page 59 of 143 Pages 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. 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. l'\ •+;' Revised 5/10/16 Contract No. 4030 Page 60 of 143 Pages 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 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. {'\ •;;' Revised 5/10/16 Contract No. 4030 Page 61 of 143 Pages 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. (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 l'\ • ., Revised 5/10/16 Contract No. 4030 Page 62 of 143 Pages 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. (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. {'\ •fi Revised 5/10/16 Contract No. 4030 Page 63 of 143 Pages 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. 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, ,, •+; Revised 5/10/16 Contract No. 4030 Page 64 of 143 Pages 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. 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, l'\ •+;' Revised 5/10/16 Contract No. 4030 Page 65 of 143 Pages finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. 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. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 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. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall ,., •+; Revised 5/10/16 Contract No. 4030 Page 66 of 143 Pages allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 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 l'\ •fi Revised 5/10/16 Contract No. 4030 Page 67 of 143 Pages number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the contractor to any location within the agency's boundaries the contractor shall provide the engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the work. The engineer shall have the right to verify the suitability of materials and their proper storage at any time during the work. SECTION 5 -UTILITIES 5-1 LOCATION. The agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. l' •+;' Revised 5/10/16 Contract No. 4030 Page 68 of 143 Pages The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the contractor shall remove all interfering portions of utilities shown on the plans or indicated in the bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the contractor shall ascertain from the agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the contractor. When the plans or specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the agency will conduct all negotiations with the owners and work will be done at no cost to the contractor, except for manhole frame and cover sets to be brought to grade utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. {'\ •+;" Revised 5/10/16 Contract No. 4030 Page 69 of 143 Pages In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-5 DELAYS. The contractor shall notify the engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in section 6-1. The contractor shall notify the engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the contractor shall so conduct its operations as to permit access to the work site and provide time for utility work to be accomplished during the progress of the work. Phasing-See attached Phasing Plan for the Project '" • ., Revised 5/10/16 Contract No. 4030 Page 70 of 143 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 five (5) 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. 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 6-1.2 through 6- 1.2.9 and shall be on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a bar 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, colors or distinctive line types to show the critical path. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. 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. 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. l'\ •ff Revised 5/10/16 Contract No. 4030 Page 71 of 143 Pages 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 thirty (30) 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 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3. 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. 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. 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. 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 6-1.2 through 6- 1.2.9 and 6-1.3.1 through 6-1.3.7. 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. 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. 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. ,, •+;' Revised 5/10/16 Contract No. 4030 Page 72 of 143 Pages 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. 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. 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. 6-1.4 Engineer's Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per Sections 6- 1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked "Accepted with Comments" or "Not Accepted" by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked "Not Accepted". 6-1.4.1 "Accepted." The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with Section 6-1.8.2. 6-1.4.2 "Accepted with Comments." The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. 6-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. 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 and marked "Accepted" by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor's responsibility. 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "Accepted" Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the "Accepted" schedule. 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will {'\ •+; Revised 5/10/16 Contract No. 4030 Page 73 of 143 Pages be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirements of Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section "substantially different" means a time variance greater than 5 percent of the number of days of duration for the project. 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. 6-1.8 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 the complete replacement of the Dove Library HVAC Control system. 6-2.2.5 Weekend Work. Weekend work shall be performed by the Contractor if necessary. The Contractor may conduct removal work during hours of darkness. Installation of materials shall be performed only during the hours of work specified in Section 6-7 of these supplemental provisions. 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. {'\ •fi Revised 5/10/16 Contract No. 4030 Page 74 of 143 Pages 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. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 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. 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 l'\ •+;' Revised 5/10/16 Contract No. 4030 Page 75 of 143 Pages 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. 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 l'\ •+;' Revised 5/10/16 Contract No. 4030 Page 76 of 143 Pages for such portion. The time of completion of the Contract shall be expressed in calendar days. The Contractor shall diligently prosecute the work to completion within sixty (60) calendar 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 association, 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. No work involving shall be performed by the contractor on city recognized holidays The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. Contractor is hereby advised that the Engineer will require after hours and weekend work on an interim basis to accomplish the HVAC controls replacement work for (a) the library and (b) other ancillary areas as required to complete the scope of work. The remaining work schedules for above work referenced in {b) will be at the Engineer's option. 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 ,, •,; Revised 5/10/16 Contract No. 4030 Page 77 of 143 Pages 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. 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 $200 dollars. 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 liquidated damages amount 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 l'\ •+;' Revised 5/10/16 Contract No. 4030 Page 78 of 143 Pages 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. 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 l'\ •;;' Revised 5/10/16 Contract No. 4030 Page 79 of 143 Pages 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. 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. ,, •+;' Revised 5/10/16 Contract No. 4030 Page 80 of 143 Pages 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. The contractor will be required to coordinate with the city Construction Manager, and partake in the monthly pull planning sessions. 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. When required by the Plans or Specifications, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. 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. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. 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. l' •+;' Revised 5/10/16 Contract No. 4030 Page 81 of 143 Pages 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. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 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. 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. The Notice of Intent (NOi) shall not be filed for the project. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 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 within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility ,, •+;' Revised 5/10/16 Contract No. 4030 Page 82 of 143 Pages installations, pavement, structures, etc.) 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. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. 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. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. l' -~ Revised 5/10/16 Contract No. 4030 Page 83 of 143 Pages The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 929-9417. During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "A". In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. 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 materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. {'\ -~ Revised 5/10/16 Contract No. 4030 Page 84 of 143 Pages 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. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer ................................................................................. . 2) Carlsbad Fire Department Dispatch ............................................... . 3) Carlsbad Police Department Dispatch ........................................... . 4) Carlsbad Traffic Signals Maintenance ( extension 2937) ................. . 5) Carlsbad Traffic Signals Operations .............................................. . 6) North County Transit District ......................................................... . 7) Waste Management ....................................................................... . (760) 602-2720 (858) 756-3006 (760) 931-2197 (760) 438-2980 (760) 602-2730 (760) 966-6536 (760) 929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section l'\ •+;' Revised 5/10/16 Contract No. 4030 Page 85 of 143 Pages 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of Section 214- 5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 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. '" •,;' Revised 5/10/16 Contract No. 4030 Page 86 of 143 Pages 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. 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. l'\ •+;' Revised 5/10/16 Contract No. 4030 Page 87 of 143 Pages 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. 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 -MEASUREMENT AND PAYMENT 8-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 8-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. ('\ •+;' Revised 5/10/16 Contract No. 4030 Page 88 of 143 Pages Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 8-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 8-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 8-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 8-2 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. 8-3 PAYMENT 8-3.1 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. {' •ii Revised 5/10/16 Contract No. 4030 Page 89 of 143 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. 8-3.2 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 conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the l'\ •+;' Revised 5/10/16 Contract No. 4030 Page 90 of 143 Pages 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. 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. 8-3.2.1 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. 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 {'\ •+; Revised 5/10/16 Contract No. 4030 Page 91 of 143 Pages 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. 8-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 8-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 8-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. The Contract lump-sum price paid for mobilization shall not exceed ten thousand dollars ($10,000.00) and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization And Preparatory Work will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be allowed therefore. 8-3.4.1 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. 8-4 BID ITEMS. Payment for each bid item shall be made at the quantity and type as listed in the contractor's proposal. All work shown or mentioned on the plans, in the contract documents, general provisions, or technical provisions/specifications shall be considered as included in the bid items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work, contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense. ,, • ., Revised 5/10/16 Contract No. 4030 Page 92 of 143 Pages TECHNICAL SPECIFICATIONS FOR HVAC CONTROL REPLACEMENT DOVE LIBRARY CONTRACT NO. 4030 CITY OF CARLSBAD SECTION 260533-RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS SECTION 260519 -LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES SECTION 260523 -CONTROL-VOLTAGE ELECTRICAL POWER CABLES SECTION 260526 -GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS SECTION 230923 -DIRECT DIGITAL CONTROL (DOC) SYSTEM FOR HVAC SECTION 230593 -TESTING, ADJUSTING, AND BALANCING FOR HVAC SECTION 260533 -RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS PART 1 -GENERAL 1.1 SUMMARY A. Section Includes: 1. Metal conduits, tubing, and fittings. 2. Metal wireways and auxiliary gutters. 3. Surface raceways. 4. Boxes, enclosures, and cabinets. 1.2 ACTION SUBMITTALS A Product Data: For surface raceways, wireways and fittings, hinged-cover enclosures, and cabinets. B. Shop Drawings: For custom enclosures and cabinets. Include plans, elevations, sections, and attachment details. PART 2 -PRODUCTS 2.1 METAL CONDUITS, TUBING, AND FITTINGS A. Listing and Labeling: Metal conduits, tubing, and fittings shall be listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. B. GRC: Comply with ANSI C80.1 and UL 6. C. IMC: Comply with ANSI C80.6 and UL 1242. ,, •+;' Revised 5/10/16 Contract No. 4030 Page 93 of 143 Pages D. PVC-Coated Steel Conduit: PVC-coated IMC. 1. Comply with NEMA RN 1. 2. Coating Thickness: 0.040 inch, minimum. E. EMT: Comply with ANSI C80.3 and UL 797. F. FMC: Comply with UL 1; zinc-coated steel or aluminum. G. LFMC: Flexible steel conduit with PVC jacket and complying with UL 360. H. Fittings for Metal Conduit: Comply with NEMA FB 1 and UL 514B. 1. Fittings for EMT: a. Material: Steel. b. Type: compression. 2. Expansion Fittings: PVC or steel to match conduit type, complying with UL 651, rated for environmental conditions where installed, and including flexible external bonding jumper. 3. Coating for Fittings for PVC-Coated Conduit: Minimum thickness of 0.040 inch, with overlapping sleeves protecting threaded joints. I. Joint Compound for IMC, GRC, or ARC: Approved, as defined in NFPA 70, by authorities having jurisdiction for use in conduit assemblies, and compounded for use to lubricate and protect threaded conduit joints from corrosion and to enhance their conductivity. 2.2 METAL WIREWAYS AND AUXILIARY GUTTERS A. Description: Sheet metal, complying with UL 870 and NEMA 250, Type 1 or Type 3R as required by location, unless otherwise indicated, and sized according to NFPA 70. 1. Metal wireways installed outdoors shall be listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. B. Fittings and Accessories: Include covers, couplings, offsets, elbows, expansion joints, adapters, hold-down straps, end caps, and other fittings to match and mate with wireways as required for complete system. 2.3 SURFACE RACEWAYS A. Listing and Labeling: Surface raceways shall be listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. B. Surface Metal Raceways: Galvanized steel with snap-on covers complying with UL 5. 2.4 BOXES, ENCLOSURES, AND CABINETS A. General Requirements for Boxes, Enclosures, and Cabinets: Boxes, enclosures, and cabinets installed in wet locations shall be listed for use in wet locations. B. Sheet Metal Outlet and Device Boxes: Comply with NEMA OS 1 and UL 514A. C. Cast-Metal Outlet and Device Boxes: Comply with NEMA FB 1, ferrous alloy or aluminum, Type FD, with gasketed cover. l' .... Revised 5/10/16 Contract No. 4030 Page 94 of 143 Pages D. Small Sheet Metal Pull and Junction Boxes: NEMA OS 1. E. Cast-Metal Access, Pull, and Junction Boxes: Comply with NEMA FB 1 and UL 1773, cast aluminum with gasketed cover. F. Box extensions used to accommodate new building finishes shall be of same material as recessed box. G. Device Box Dimensions: 4 inches square by 2-1/8 inches deep <Insert dimension>. H. Gangable boxes are prohibited. I. Hinged-Cover Enclosures: Comply with UL 50 and NEMA 250, Type 1 or Type 3R as required for the environment, with continuous-hinge cover with flush latch unless otherwise indicated. 1. Metal Enclosures: Steel, finished inside and out with manufacturer's standard enamel. 2. Interior Panels: Steel; all sides finished with manufacturer's standard enamel. J. Cabinets: 1. NEMA 250, Type 1 or Type 3R as required for the environment, galvanized-steel box with removable interior panel and removable front, finished inside and out with manufacturer's standard enamel. 2. Hinged door in front cover with flush latch and concealed hinge. 3. Key latch to match panelboards. 4. Metal barriers to separate wiring of different systems and voltage. 5. Accessory feet where required for freestanding equipment. PART 3 -EXECUTION 3.1 RACEWAY APPLICATION A. Outdoors: Apply raceway products as specified below unless otherwise indicated: 1. Exposed Conduit: IMC. 2. Concealed Conduit, Aboveground: EMT. 3. Underground Conduit: RNC, Type EPC-40-PVC, direct buried. 4. Connection to Vibrating Equipment (Including Transformers and Hydraulic, Pneumatic, Electric Solenoid, or Motor-Driven Equipment): LFMC. 5. Boxes and Enclosures, Aboveground: NEMA 250, Type 3R. B. Indoors: Apply raceway products as specified below unless otherwise indicated. 1. Exposed, Not Subject to Physical Damage: EMT. 2. Exposed, Not Subject to Severe Physical Damage: EMT. ,, •+;' Revised 5/10/16 Contract No. 4030 Page 95 of 143 Pages 3. Exposed and Subject to Severe Physical Damage: IMC. Raceway locations include the following: a. Loading dock. b. Corridors used for traffic of mechanized carts, forklifts, and pallet-handling units. c. Mechanical rooms. 4. Concealed in Ceilings and Interior Walls and Partitions: EMT. 5. Connection to Vibrating Equipment (Including Transformers and Hydraulic, Pneumatic, Electric Solenoid, or Motor-Driven Equipment): FMC, except use LFMC in damp or wet locations. 6. Damp or Wet Locations: IMC. 7. Boxes and Enclosures: NEMA 250, Type 1, except use NEMA 250, Type 4 stainless steel in damp or wet locations. C. Minimum Raceway Size: 1/2-inch trade size. D. Raceway Fittings: Compatible with raceways and suitable for use and location. 1. Rigid and Intermediate Steel Conduit: Use threaded rigid steel conduit fittings unless otherwise indicated. Comply with NEMA FB 2.10. 2. PVC Externally Coated, Rigid Steel Conduits: Use only fittings listed for use with this type of conduit. Patch and seal all joints, nicks, and scrapes in PVC coating after installing conduits and fittings. Use sealant recommended by fitting manufacturer and apply in thickness and number of coats recommended by manufacturer. 3. EMT: Use compression, steel fittings. Comply with NEMA FB 2.10. 4. Flexible Conduit: Use only fittings listed for use with flexible conduit. Comply with NEMA FB 2.20. E. Do not install aluminum conduits, boxes, or fittings in contact with concrete or earth. F. Install surface raceways only where indicated on Drawings. 3.2 INSTALLATION A. Comply with NECA 1 and NECA 101 for installation requirements except where requirements on Drawings or in this article are stricter. Comply with NECA 102 for aluminum conduits. Comply with NFPA 70 limitations for types of raceways allowed in specific occupancies and number of floors. B. Keep raceways at least 6 inches away from parallel runs of flues and steam or hot-water pipes. Install horizontal raceway runs above water and steam piping. C. Install no more than the equivalent of three 90-degree bends in any conduit run except for control wiring conduits, for which fewer bends are allowed. Support within 12 inches of changes in direction. D. Conceal conduit and EMT within finished walls, ceilings, and floors unless otherwise indicated. Install conduits parallel or perpendicular to building lines. ,, •+;' Revised 5/10/16 Contract No. 4030 Page 96 of 143 Pages E. Support conduit within 12 inches of enclosures to which attached. F. Stub-ups to Above Recessed Ceilings: 1. Use EMT, IMC, or RMC for raceways. 2. Use a conduit bushing or insulated fitting to terminate stub-ups not terminated in hubs or in an enclosure. G. Threaded Conduit Joints, Exposed to Wet, Damp, Corrosive, or Outdoor Conditions: Apply listed compound to threads of raceway and fittings before making up joints. Follow compound manufacturer's written instructions. H. Coat field-cut threads on PVC-coated raceway with a corrosion-preventing conductive compound prior to assembly. I. Raceway Terminations at Locations Subject to Moisture or Vibration: Use insulating bushings to protect conductors including conductors smaller than No. 4 AWG. J. Terminate threaded conduits into threaded hubs or with locknuts on inside and outside of boxes or cabinets. Install bushings on conduits up to 1-1/4-inch trade size and insulated throat metal bushings on 1-1/2-inch trade size and larger conduits terminated with locknuts. Install insulated throat metal grounding bushings on service conduits. K. Install pull wires in empty raceways. Use polypropylene or monofilament plastic line with not less than 200-lb tensile strength. Leave at least 12 inches of slack at each end of pull wire. Cap underground raceways designated as spare above grade alongside raceways in use. L. Surface Raceways: 1. Install surface raceway with a minimum 2-inch radius control at bend points. 2. Secure surface raceway with screws or other anchor-type devices at intervals not exceeding 48 inches and with no less than two supports per straight raceway section. Support surface raceway according to manufacturer's written instructions. Tape and glue are not acceptable support methods. M. Install raceway sealing fittings at accessible locations according to NFPA 70 and fill them with listed sealing compound. For concealed raceways, install each fitting in a flush steel box with a blank cover plate having a finish similar to that of adjacent plates or surfaces. N. Install devices to seal raceway interiors at accessible locations. Locate seals so no fittings or boxes are between the seal and the following changes of environments. Seal the interior of all raceways at the following points: 1. Where conduits pass from warm to cold locations, such as boundaries of refrigerated spaces. 2. Where otherwise required by NFPA 70. 0. Expansion-Joint Fittings: 1. Install expansion fittings at all locations where conduits cross building or structure expansion joints. 2. Install each expansion-joint fitting with position, mounting, and piston setting selected according to manufacturer's written instructions for conditions at specific location at time of installation. Install conduit supports to allow for expansion l' •+;' Revised 5/10/16 Contract No. 4030 Page 97 of 143 Pages movement. P. Flexible Conduit Connections: Comply with NEMA RV 3. Use a maximum of 72 inches of flexible conduit for equipment subject to vibration, noise transmission, or movement; and for transformers and motors. 1. Use LFMC in damp or wet locations subject to severe physical damage. 2. Use LFMC in damp or wet locations not subject to severe physical damage. Q. Mount boxes at heights indicated on Drawings. If mounting heights of boxes are not individually indicated, give priority to ADA requirements. Install boxes with height measured to center of box unless otherwise indicated. R. Recessed Boxes in Masonry Walls: Saw-cut opening for box in center of cell of masonry block, and install box flush with surface of wall. Prepare block surfaces to provide a flat surface for a raintight connection between the box and cover plate or the supported equipment and box. S. Horizontally separate boxes mounted on opposite sides of walls so they are not in the same vertical channel. T. Locate boxes so that cover or plate will not span different building finishes. U. Support boxes of three gangs or more from more than one side by spanning two framing members or mounting on brackets specifically designed for the purpose. V. Fasten junction and pull boxes to or support from building structure. Do not support boxes by conduits. 3.3 SLEEVE AND SLEEVE-SEAL INSTALLATION FOR ELECTRICAL PENETRATIONS A. Install sleeves and sleeve seals at penetrations of exterior floor and wall assemblies. 3.4 FIRESTOPPING A. Install firestopping at penetrations of fire-rated floor and wall assemblies. 3.5 PROTECTION A. Protect coatings, finishes, and cabinets from damage and deterioration. 1. Repair damage to galvanized finishes with zinc-rich paint recommended by manufacturer. 2. Repair damage to PVC coatings or paint finishes with matching touchup coating recommended by manufacturer. END OF SECTION 260533 ,, -~ Revised 5/10/16 Contract No. 4030 Page 98 of 143 Pages SECTION 260519-LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES PART 1 -GENERAL 1.1 SUMMARY A. Section Includes: 1. Building wires rated 600 V and less. 2. Connectors, splices, and terminations rated 600 V and less. B. Related Requirements: 1. Section 260523 "Control-Voltage Electrical Power Cables" for control systems communications cables and Classes 1, 2 and 3 control cables. 1.2 ACTION SUBMITTALS A. Product Data: For each type of product. 1.3 INFORMATIONAL SUBMITTALS A. Field quality-control reports. PART 2 -PRODUCTS 2.1 CONDUCTORS AND CABLES A. Copper Conductors: Comply with NEMA WC 70/ICEA S-95-658. B. Conductor Insulation: Comply with NEMA WC 70/ICEA S-95-658 for Type THW-2, Type THHN/THWN-2 and Type XHHW-2. C. VFC Cable: 1. Comply with UL 1277, UL 1685, and NFPA 70 for Type TC-ER cable. 2. Type TC-ER with oversized crosslinked polyethylene insulation, spiral-wrapped foil plus 85 percent coverage braided shields and insulated full-size ground wire, and sunlight-and oil-resistant outer PVC jacket. 2.2 CONNECTORS AND SPLICES A. Description: Factory-fabricated connectors and splices of size, ampacity rating, material, type, and class for application and service indicated. l' -~ Revised 5/10/16 Contract No. 4030 Page 99 of 143 Pages 2.3 SYSTEM DESCRIPTION A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. B. Comply with NFPA PART 3 -EXECUTION 3.1 CONDUCTOR MATERIAL APPLICATIONS A. Branch Circuits: Copper. Solid for No. 10 AWG and smaller; stranded for No. 8 AWG and larger, except VFC cable, which shall be extra flexible stranded. 3.2 INSTALLATION OF CONDUCTORS AND CABLES A. Conceal cables in finished walls, ceilings, and floors unless otherwise indicated. B. Complete raceway installation between conductor and cable termination points according to Section 260533 "Raceways and Boxes for Electrical Systems" prior to pulling conductors and cables. C. Use manufacturer-approved pulling compound or lubricant where necessary; compound used must not deteriorate conductor or insulation. Do not exceed manufacturer's recommended maximum pulling tensions and sidewall pressure values. D. Use pulling means, including fish tape, cable, rope, and basket-weave wire/cable grips that will not damage cables or raceway. 3.3 CONNECTIONS A. Tighten electrical connectors and terminals according to manufacturer's published torque-tightening values. If manufacturer's torque values are not indicated, use those specified in UL 486A-486B. B. Make splices, terminations, and taps that are compatible with conductor material and that possess equivalent or better mechanical strength and insulation ratings than unspliced conductors. C. Wiring at Outlets: Install conductor at each outlet, with at least 6 inches of slack. 3.4 IDENTIFICATION A. Identify and color-code conductors and cables according to existing color-code scheme in use in the facility. B. Identify each spare conductor at each end with identity number and location of other end of conductor, and identify as spare conductor. ,, •+; Revised 5/10/16 Contract No. 4030 Page 100 of 143 Pages 3.5 SLEEVE AND SLEEVE-SEAL INSTALLATION FOR ELECTRICAL PENETRATIONS A. Install sleeves and sleeve seals at penetrations of exterior floor and wall assemblies. 3.6 FIRESTOPPING A. Apply firestopping to electrical penetrations of fire-rated floor and wall assemblies to restore original fire-resistance rating of assembly. 3.7 FIELD QUALITY CONTROL A. Perform the following tests and inspections: 1. Check conductors for continuity and short circuits. END OF SECTION 260519 ,, •+;' Revised 5/10/16 Contract No. 4030 Page 101 of 143 Pages SECTION 260523 -CONTROL-VOLTAGE ELECTRICAL POWER CABLES PART 1 -GENERAL 1.1 SUMMARY A. Section Includes: 1. UTP cabling. 2. RS-485 cabling. 3. Low-voltage control cabling. 4. Control-circuit conductors. 5. Identification products. 1.2 ACTION SUBMITTALS A. Product Data: For each type of product. 1.3 INFORMATIONAL SUBMITTALS A. Source quality-control reports. B. Field quality-control reports. PART 2 -PRODUCTS 2.1 SYSTEM DESCRIPTION A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. 2.2 PERFORMANCE REQUIREMENTS A. Flame Travel and Smoke Density in Plenums: As determined by testing identical products according to NFPA 262 by a qualified testing agency. Identify products for installation in plenums with appropriate markings of applicable testing agency. 1. Flame Travel Distance: 60 inches or less. 2. Peak Optical Smoke Density: 0.5 or less. 3. Average Optical Smoke Density: 0.15 or less. B. Flame Travel and Smoke Density for Riser Cables in Non-Plenum Building Spaces: As determined by testing identical products according to UL 1666. ,, • .., Revised 5/10/16 Contract No. 4030 Page 102 of 143 Pages C. Flame Travel and Smoke Density for Cables in Non-Riser Applications and Non- Plenum Building Spaces: As determined by testing identical products according to UL 1685. 2.3 UTP CABLE A. Description: 100-ohm, four-pair UTP. 1. Comply with ICEA S-102-700 for mechanical properties of Category 6 cables. 2. Comply with TIA-568-C.1 for performance specifications. 3. Comply with TIA-568-C.2, Category 6. 4. Listed and labeled by an NRTL acceptable to authorities having jurisdiction as complying with NEMA WC 66, UL 444 and NFPA 70 for the following types: a. Communications, Plenum Rated: Type CMP complying with UL 1685. Type CM or Type CMX in metallic conduit installed per NFPA 70, Article 300.22, "Wiring in Ducts, Plenums, and Other Air-Handling Spaces." b. Communications, Riser Rated: Type CMP, or Type CMR in listed plenum or riser communications raceway. Type CMP or Type CMR in metallic conduit installed per NFPA 70, Article 300.22, "Wiring in Ducts, Plenums, and Other Air-Handling Spaces." c. Communications, General Purpose: Type CM Type CM, Type CMG, Type CMP, Type CMR, or Type CMX in metallic conduit installed per NFPA 70. 2.4 UTP CABLE HARDWARE A. General Requirements for Cable Connecting Hardware: Comply with TIA/EIA-568-C.2, IDC type, with modules designed for punch-down caps or tools. Cables shall be terminated with connecting hardware of same category or higher. B. Jacks and Jack Assemblies: 100-ohm, balanced, twisted-pair connector; four-pair, eight-position modular. Comply with TIA/EIA-568-C.1. C. Workstation Outlets: Two-port-connector assemblies mounted in single faceplate. D. Faceplates: 1. Plastic Faceplate: High-impact plastic. 2. Metal Faceplate: Stainless steel. 3. For use with snap-in jacks accommodating any combination of UTP, optical- fiber, and coaxial work area cords. a. Flush-mounted jacks, positioning the cord at a 45-degree angle. 2.5 RS-485 CABLE A. Plenum-Rated Cable: NFPA 70, Type CMP. 1. Paired, one pair or two pairs as required for the application, No. 22 AWG, stranded (7x30) tinned-copper conductors. 2. Fluorinated ethylene propylene insulation. l' •+;' Revised 5/10/16 Contract No. 4030 Page 103 of 143 Pages 3. Unshielded. 4. Fluorinated ethylene propylene jacket. 5. Flame Resistance: NFPA 262. 2.6 LOW-VOLTAGE CONTROL CABLE A. Plenum-Rated, Paired Cable: NFPA 70, Type CMP. 1. Multi-pair, twisted, No. 16 AWG, stranded (19x29) tinned-copper conductors. 2. PVC insulation. 3. Unshielded. 4. PVC jacket. 5. Flame Resistance: Comply with NFPA 262. 2.7 CONTROL-CIRCUIT CONDUCTORS A. Class 1 Control Circuits: Stranded copper, Type THHN-2-THWN-2, in raceway, complying with UL 44. B. Class 2 Control Circuits: Stranded copper, Type THHN-2-THWN-2, in raceway, complying with UL 44. C. Class 3 Remote-Control and Signal Circuits: Stranded copper, Type THHN-2-THWN-2, in raceway, complying with UL 44. 2.8 SOURCE QUALITY CONTROL A. Factory test UTP cables according to TIA-568-C.2. B. Cable will be considered defective if it does not pass tests and inspections. PART 3 -EXECUTION 3.1 INSTALLATION OF RACEWAYS AND BOXES A. Comply with requirements in Section 260533 "Raceways and Boxes for Electrical Systems" for raceway selection and installation requirements for boxes, conduits, and wireways as supplemented or modified in this Section. 1. Outlet boxes shall be no smaller than 2 inches wide, 3 inches high, and 2-1/2 inches deep. 2. Flexible metal conduit shall not be used. B. Comply with TIA-569-B for pull-box sizing and length of conduit and number of bends between pull points. C. Install manufactured conduit sweeps and long-radius elbows if possible. {'\ •+;' Revised 5/10/16 Contract No. 4030 Page 104 of 143 Pages 3.2 INSTALLATION OF CONDUCTORS AND CABLES A. Comply with NECA 1 and NFPA 70. B. General Requirements for Cabling: 1. Comply with TIA-568-C Series of standards. 2. Comply with BICSI ITSIMM, Ch. 5, "Copper Structured Cabling Systems". 3. Terminate all conductors; no cable shall contain unterminated elements. Make terminations only at indicated outlets, terminals, and patch panels. 4. Cables may not be spliced. 5. Secure and support cables at intervals not exceeding 30 inches and not more than 6 inches from cabinets, boxes, fittings, outlets, racks, frames, and terminals. 6. Bundle, lace, and train conductors to terminal points without exceeding manufacturer's limitations on bending radii, but not less than radii specified in BICSI ITSIMM, Ch. 5, "Copper Structured Cabling Systems". Install lacing bars and distribution spools. 7. Do not install bruised, kinked, scored, deformed, or abraded cable. Do not splice cable between termination, tap, or junction points. Remove and discard cable if damaged during installation and replace it with new cable. 8. Cold-Weather Installation: Bring cable to room temperature before dereeling. Do not use heat lamps for heating. 9. Pulling Cable: Comply with BICSI ITSIMM, Ch. 5, "Copper Structured Cabling Systems" and Ch. 6, "Optical Fiber Structured Cabling Systems." Monitor cable pull tensions. 10. Support: Do not allow cables to lie on removable ceiling tiles. 11. Secure: Fasten securely in place with hardware specifically designed and installed so as to not damage cables. C. UTP Cable Installation: 1. Comply with TIA-568-C.2. 2. Do not untwist UTP cables more than 1/2 inch at the point of termination to maintain cable geometry. D. Open-Cable Installation: 1. Suspend copper cable not in a wireway or pathway a minimum of 8 inches above ceilings by cable supports not more than 30 inches apart. 2. Cable shall not be run through or on structural members or in contact with pipes, ducts, or other potentially damaging items. Do not run cables between structural members and corrugated panels. E. Separation from EMI Sources: 1. Comply with BICSI TDMM and TIA-569-B recommendations for separating unshielded copper voice and data communications cable from potential EMI sources including electrical power lines and equipment. 3.3 CONTROL-CIRCUIT CONDUCTORS A. Minimum Conductor Sizes: l'\ •+; Revised 5/10/16 Contract No. 4030 Page 105 of 143 Pages 3.4 A. B. 3.5 A. B. 1. Class 1 remote-control and signal circuits; No 14 AWG. 2. Class 2 low-energy, remote-control, and signal circuits; No. 16 AWG. 3. Class 3 low-energy, remote-control, alarm, and signal circuits; No 12 AWG. FIRESTOPPING Comply with TIA-569-B, Annex A, "Firestopping." Comply with BICSI TDMM, "Firestopping" Chapter. GROUNDING For data communication wiring, comply with ANSI-J-STD-607-A and with BICSI TDMM, "Bonding and Grounding (Earthing)" Chapter. For low-voltage control wiring and cabling, comply with requirements in Section 260526 "Grounding and Bonding for Electrical Systems." 3.6 IDENTIFICATION A. Identify data and communications system components, wiring, and cabling according to TIA-606-A; label printers shall use label stocks, laminating adhesives, and inks complying with UL 969. 3.7 FIELD QUALITY CONTROL A. Perform the following tests and inspections: 1. Visually inspect UTP cable jacket materials for UL or third-party certification markings. Inspect cabling terminations to confirm color-coding for pin assignments, and inspect cabling connections to confirm compliance with TIA- 568-C.1. 2. Visually inspect cable placement, cable termination, grounding and bonding, equipment and patch cords, and labeling of all components. 3. Test UTP cabling for direct-current loop resistance, shorts, opens, intermittent faults, and polarity between conductors. Test operation of shorting bars in a. Test instruments shall meet or exceed applicable requirements in TIA-568- C.2. Perform tests with a tester that complies with performance requirements in "Test Instruments (Normative)" Annex, complying with measurement accuracy specified in "Measurement Accuracy (Informative)" Annex. Use only test cords and adapters that are qualified by test equipment manufacturer for channel or link test configuration. B. End-to-end cabling will be considered defective if it does not pass tests and inspections. C. Prepare test and inspection reports. END OF SECTION 260523 ,, • ., Revised 5/10/16 Contract No. 4030 Page 106 of 143 Pages SECTION 260526 -GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS PART 1 -GENERAL 1.1 SUMMARY A. Section includes grounding and bonding systems and equipment. 1.2 ACTION SUBMITTALS A. Product Data: For each type of product indicated. PART 2 -PRODUCTS 2.1 SYSTEM DESCRIPTION A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. B. Comply with UL 467 for grounding and bonding materials and equipment. 2.2 CONDUCTORS A. Insulated Conductors: Copper wire or cable insulated for 600 V unless otherwise required by applicable Code or authorities having jurisdiction. 2.3 CONNECTORS A. Listed and labeled by an NRTL acceptable to authorities having jurisdiction for applications in which used and for specific types, sizes, and combinations of conductors and other items connected. PART 3 -EXECUTION 3.1 APPLICATIONS A. Conductors: Install solid conductor for No. 8 AWG and smaller, and stranded conductors for No. 6 AWG and larger unless otherwise indicated. ('\ •+i' Revised 5/10/16 Contract No. 4030 Page 107 of 143 Pages 3.2 EQUIPMENT GROUNDING A. Install insulated equipment grounding conductors with all branch circuits. B. Air-Duct Equipment Circuits: Install insulated equipment grounding conductor to duct- mounted electrical devices operating at 120 V and more, including air cleaners, heaters, dampers, humidifiers, and other duct electrical equipment. Bond conductor to each unit and to air duct and connected metallic piping. 3.3 INSTALLATION A. Grounding Conductors: Route along shortest and straightest paths possible unless otherwise indicated or required by Code. Avoid obstructing access or placing conductors where they may be subjected to strain, impact, or damage. 3.4 FIELD QUALITY CONTROL A. Perform tests and inspections. Inspect physical and mechanical condition. Verify tightness of accessible, bolted, electrical connections with a calibrated torque wrench according to manufacturer's written instructions. END OF SECTION 260526 ,, •,;' Revised 11/24/10 Contract No. 4030 Page 108 of 143 SECTION 230923 -DIRECT DIGITAL CONTROL (DOC) SYSTEM FOR HVAC PART 1 -GENERAL 1.1 SUMMARY A. This Section includes control equipment for HVAC systems and components, including control components for terminal heating and cooling units not supplied with factory-wired controls. B. Related Sections include the following: 1. Division Section "Testing, Adjusting and Balancing" for requirements that relate to this Section. 1.2 DEFINITIONS A. DOC: Direct digital control. B. 1/0: Input/output. C. MS/TP: Master slave/token passing. D. PC: Personal computer. E. PIO: Proportional plus integral plus derivative. F. RTD: Resistance temperature detector. 1.3 SYSTEM PERFORMANCE A. Comply with the following performance requirements: 1. Object Command: Reaction time of less than two seconds between operator command of a binary object and device reaction. 2. Object Scan: Transmit change of state and change of analog values to control units or workstation within six seconds. 3. Alarm Response Time: Annunciate alarm at workstation within 45 seconds. Multiple workstations must receive alarms within five seconds of each other. 4. Program Execution Frequency: Run capability of applications as often as five seconds, but selected consistent with mechanical process under control. 5. Performance: Programmable controllers shall execute DOC PIO control loops, and scan and update process values and outputs at least once per second. 6. Reporting Accuracy and Stability of Control: Report values and maintain measured variables within tolerances as follows: a. Water Temperature: Plus or minus 1 deg F. b. Water Flow: Plus or minus 5 percent of full scale. c. Water Pressure: Plus or minus 2 percent of full scale. d. Space Temperature: Plus or minus 1 deg F. e. Ducted Air Temperature: Plus or minus 1 deg F. f. Outside Air Temperature: Plus or minus 2 deg F. l' •+' Revised 11/24/10 Contract No. 4030 Page 109 of 143 g. h. i. j. k. I. m. n. 0. p. 1.4 Dew Point Temperature: Plus or minus 3 deg F. Temperature Differential: Plus or minus 0.25 deg F. Relative Humidity: Plus or minus 5 percent. Airflow (Pressurized Spaces): Plus or minus 3 percent of full scale. Airflow (Measuring Stations): Plus or minus 5 percent of full scale. Airflow (Terminal): Plus or minus 10 percent of full scale. Air Pressure (Space): Plus or minus 0.01-inch wg. Air Pressure (Ducts): Plus or minus 0.1-inch wg. Carbon Dioxide: Plus or minus 50 ppm. Electrical: Plus or minus 5 percent of reading. SEQUENCE OF OPERATION A. Refer to mechanical drawings. 1.5 SUBMITTALS A. Product Data: Include manufacturer's technical literature for each control device. Indicate dimensions, capacities, performance characteristics, electrical characteristics, finishes for materials, and installation and startup instructions for each type of product indicated. 1. DOC System Hardware: Bill of materials of equipment indicating quantity, manufacturer, and model number. Include technical data for operator workstation equipment, interface equipment, control units, transducers/transmitters, sensors, actuators, valves, relays/switches, control panels, and operator interface equipment. 2. Control System Software: Include technical data for operating system software, operator interface, and other third-party applications. 3. Controlled Systems: Instrumentation list with element name, type of device, manufacturer, model number, and product data. Include written description of sequence of operation including a schematic diagram. B. Shop Drawings: Detail equipment assemblies and indicate dimensions, weights, loads, required clearances, method of field assembly, components, and location and size of each field connection. 1. Bill of materials of equipment indicating quantity, manufacturer, and model number. 2. Schematic flow diagrams showing fans, pumps, coils, dampers, valves, and control devices. 3. Wiring Diagrams: Power, signal, and control wiring. 4. Details of control panel faces, including controls, instruments, and labeling. 5. Written description of sequence of operation including the specified sequence of operation. 6. Schedule of VAV dampers including size, leakage, and flow characteristics. 7. Schedule of valves including flow characteristics. 8. DOC System Hardware: a. Wiring diagrams for control units with termination numbers. b. Schematic diagrams and floor plans for field sensors and control hardware. c. Schematic diagrams for control, communication, and power wiring, showing trunk data conductors and wiring between operator workstation and control unit locations. l' •+;' Revised 11/24/10 Contract No. 4030 Page 110 of 143 9. Control System Software: List of monitored systems, data (connected and calculated) point addresses, output schedule, and operator notations. 10. Controlled Systems: a. Schematic diagrams of each controlled system with control points labeled and control elements graphically shown, with wiring. b. Scaled drawings showing mounting, routing, and wiring of elements including bases and special construction. c. Include sequence of operation and schematic diagram. d. Points list. C. Data Communications Protocol Certificates: Certify that each proposed DOC system component complies with ASHRAE 135. D. Software and Firmware Operational Documentation: Include the following: 1. Software operating and upgrade manuals. 2. Program Software Backup: On a magnetic media or compact disc, complete with data files. 3. Device address list. 4. Printout of software application and graphic screens. 5. Software license required by and installed for DOC workstations and control systems. E. Qualification Data: For Installer and manufacturer. F. Field quality-control test reports. G. Operation and Maintenance Data: For HVAC instrumentation and control system to include in emergency, operation, and maintenance manuals. Include the following: 1. Maintenance instructions and lists of spare parts for each type of control device and compressed-air station. 2. Interconnection wiring diagrams with identified and numbered system components and devices. 3. Keyboard illustrations and step-by-step procedures indexed for each operator function. 4. Inspection period, cleaning methods, cleaning materials recommended, and calibration tolerances. 5. Calibration records and list of set points. {'\ • .., Revised 11/24/10 Contract No. 4030 Page 111 of 143 1.6 QUALITY ASSURANCE A. Installer Qualifications: Automatic control system manufacturer's authorized representative who is trained and approved for installation of system components required for this Project. B. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. C. Comply with ASHRAE 135 for DOC system components. 1.7 DELIVERY, STORAGE, AND HANDLING A. Factory-Mounted Components: Where control devices specified in this Section are indicated to be factory mounted on equipment, arrange for shipping of control devices to equipment manufacturer. B. System Software: Update to latest version of software at Project completion. 1.8 COORDINATION A. Coordinate location of thermostats, humidistats, and other exposed control sensors with plans and room details before installation. B. Coordinate equipment with -Section "Lighting Controls Devices" to achieve compatibility with equipment that interfaces with that system. C. Coordinate equipment with Section "Fire Detection and Alarm Systems" to achieve compatibility with equipment that interfaces with that system. D. Coordinate supply of conditioned electrical branch circuits for control units. E. Coordinate equipment with Section "Panelboards" to achieve compatibility with starter coils and annunciation devices. F. Coordinate with Section "Testing, Adjusting and Balancing" to allow the balancing agency to complete the balance work for the project. Provide software necessary for balancing agency to use handheld device at thermostat to balance devices. G. Coordinate size and location of concrete bases. Cast anchor-bolt inserts into bases. Concrete, reinforcement, and formwork requirements are specified in Division 3 Section "Cast-in-Place Concrete." 1.9 EXTRA MATERIALS A. Furnish extra materials described below that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. 1. Extra Materials: One replacement diaphragm or relay mechanism for each unique controller thermostat. ,, -~ Revised 11/24/10 Contract No. 4030 Page 112 of 143 PART 2 -PRODUCTS 2.1 MANUFACTURERS A. Manufacturers: Subject to compliance with requirements, provide products by Carrier or Carrier compatible: 1. City operates maintains Carrier HVAC systems for the purpose of standardization. B. Control system shall consist of sensors, indicators, actuators, final control elements, interface equipment, other apparatus, and accessories to control mechanical systems. C. Control system shall consist of sensors, indicators, actuators, final control elements, interface equipment, other apparatus, accessories, and software connected to distributed controllers operating in multiuser, multitasking environment on token-passing network and programmed to control mechanical systems. 2.2 DOC EQUIPMENT A. Operator Workstation: One PC-based microcomputer(s) with minimum configuration as follows: 1. Motherboard: With 8 integrated USB 2.0 ports, integrated Intel Pro 10/100 (Ethernet), integrated audio, bios, and hardware monitoring. 2. Processor: Intel Core 15,. 3. Random-Access Memory: 4 GB. 4. Graphics: Video adapter, minimum 1280 x 1024 pixels, 64MB video memory, with TV out. 5. Monitor: 17 inches, LCD color. 6. Keyboard: QWERTY, 105 keys in ergonomic shape. 7. Hard-Disk Drive: 100 GB. 8. CD-ROM Read/Write Drive: 48x24x48. 9. Mouse: Three button, optical. 10. Uninterruptible Power Supply: 2 kVa. 11. Operating System: Microsoft Windows 7 with high-speed Internet access. a. ASHRAE 135 Compliance: Workstation shall use ASHRAE 135 protocol and communicate using ISO 8802-3 (Ethernet) datalink/physical layer protocol. 12. Printer: Black-and-white, laser-jet type as follows: a. Print Head: 1200 x 1200 dpi resolution. b. Paper Handling: Minimum of 250 sheet trays. c. Print Speed: Minimum of 120 characters per second. 13. Application Software: a. b. C. d. e. 1/0 capability from operator station. System security for each operator via software password and access levels. Automatic system diagnostics; monitor system and report failures. Database creation and support. Automatic and manual database save and restore. ,, •,;' Revised 11/24/10 Contract No. 4030 Page 113 of 143 f. Dynamic color graphic displays with up to 10 screen displays at once. g. Custom graphics generation and graphics library of HVAC equipment and symbols. h. Alarm processing, messages, and reactions. i. Trend logs retrievable in spreadsheets and database programs. j. Alarm and event processing. k. Object and property status and control. I. Automatic restart of field equipment on restoration of power. m. Data collection, reports, and logs. Include standard reports for the following: 1) Current values of all objects. 2) Current alarm summary. 3) Disabled objects. 4) Alarm lockout objects. 5) Logs. n. Custom report development. o. Utility and weather reports. p. ASHRAE Guideline 3 report. q. Workstation application editors for controllers and schedules. r. Maintenance management. 14. Custom Application Software: a. English language oriented. b. Full-screen character editor/programming environment. c. Allow development of independently executing program modules with debugging/simulation capability. d. Support conditional statements. e. Support floating-point arithmetic with mathematic functions. f. Contains predefined time variables. B. Control Units: Modular, comprising processor board with programmable, nonvolatile, random-access memory; local operator access and display panel; integral interface equipment; and backup power source. 1. Units monitor or control each 1/0 point; process information; execute commands from other control units, devices, and operator stations; and download from or upload to operator workstation or diagnostic terminal unit. 2. Stand-alone mode control functions operate regardless of network status. Functions include the following: a. Global communications. b. Discrete/digital, analog, and pulse 1/0. c. Monitoring, controlling, or addressing data points. d. Software applications, scheduling, and alarm processing. e. Testing and developing control algorithms without disrupting field hardware and controlled environment. ,, •+;' Revised 11/24/10 Contract No. 4030 Page 114 of 143 3. Standard Application Programs: a. Electric Control Programs: Demand limiting, duty cycling, automatic time scheduling, start/stop time optimization, night setback/setup, on-off control with differential sequencing, staggered start, antishort cycling, PIO control, DOC with fine tuning, and trend logging. b. HVAC Control Programs: Optimal run time, supply-air reset, and enthalpy switchover. c. Chiller Control Programs: Control function of condenser-water reset, chilled- water reset, and equipment sequencing. d. Programming Application Features: Include trend point; alarm processing and messaging; weekly, monthly, and annual scheduling; energy calculations; run-time totalization; and security access. e. Remote communications. f. Maintenance management. g. Units of Measure: Inch-pound 4. Local operator interface provides for download from or upload to operator workstation or diagnostic terminal unit. 5. ASHRAE 135 Compliance: Control units shall use ASHRAE 135 protocol and communicate using ISO 8802-3 (Ethernet) datalink/physical layer protocol. 6. BACnet Compliance: Control units shall use BACnet protocol. C. 1/0 Interface: Hardwired inputs and outputs may tie into system through controllers. Protect points so that shorting will cause no damage to controllers. 1. Binary Inputs: Allow monitoring of on-off signals without external power. 2. Pulse Accumulation Inputs: Accept up to 10 pulses per second. 3. Analog Inputs: Allow monitoring of low-voltage (0-to 10-V de), current (4 to 20 mA), or resistance signals. 4. Binary Outputs: Provide on-off or pulsed low-voltage signal, selectable for normally open or normally closed operation with three-position (on-off-auto) override switches and status lights. 5. Analog Outputs: Provide modulating signal, either low voltage (0-to 10-V de) or current (4 to 20 mA) with status lights, two-position (auto-manual) switch, and manually adjustable potentiometer. 6. Tri-State Outputs: Provide two coordinated binary outputs for control of three- point, floating-type electronic actuators. 7. Universal I/Os: Provide software selectable binary or analog outputs. D. Power Supplies: Transformers with Class 2 current-limiting type or overcurrent protection; limit connected loads to 80 percent of rated capacity. DC power supply shall match output current and voltage requirements and be full-wave rectifier type with the following: 1. Output ripple of 5.0 mV maximum peak to peak. 2. Combined 1 percent line and load regulation with 100-mic.sec. response time for 50 percent load changes. 3. Built-in overvoltage and overcurrent protection and be able to withstand 150 percent overload for at least 3 seconds without failure. E. Uninterruptible Power Supply, (UPS): Provide and install a UPS device (Tripp Lite BC Personal or equal) with sufficient battery energy to power the control device for a ,, •ff Revised 11/24/10 Contract No. 4030 Page 115 of 143 minimum of 5 minutes. UPS to be provided for workstations and all main control cabinets (for JCI this applies to NCM and NIE). F. Power Line Filtering: Internal or external transient voltage and surge suppression for workstations or controllers with the following: 1. Minimum dielectric strength of 1000 V. 2. Maximum response time of 10 nanoseconds. 3. Minimum transverse-mode noise attenuation of 65 dB. 4. Minimum common-mode noise attenuation of 150 dB at 40 to 100 Hz. 2.3 ELECTRONIC SENSORS A. Description: Vibration and corrosion resistant; for wall, immersion, or duct mounting as required. B. Thermistor Temperature Sensors and Transmitters: 1. Manufacturers: a. Carrier or Carrier compatible. 2. Accuracy: Plus or minus 0.5 deg F at calibration point. 3. Wire: Twisted, shielded-pair cable. 4. Insertion Elements in Ducts: Single point, 8 inches long; use where not affected by temperature stratification or where ducts are smaller than 9 sq. ft .. 5. Averaging Elements in Ducts: 36 inches long, flexible; use where prone to temperature stratification or where ducts are larger than 10 sq. ft .. 6. Insertion Elements for Liquids: Brass or stainless-steel socket with minimum insertion length of 2-1/2 inches. 7. Room Sensor Cover Construction: Manufacturer's standard locking covers. a. Set-Point Adjustment: Concealed. b. Orientation: Vertical. 8. Outside-Air Sensors: Watertight inlet fitting, shielded from direct sunlight. 9. Room Security Sensors:Stainless-steel cover plate with insulated back and security screws. C. Pressure Transmitters/Transducers: 1. Manufacturers: a. Carrier or Carrier compatible. 2. Static-Pressure Transmitter: Nondirectional sensor with suitable range for expected input, and temperature compensated. a. Accuracy: 2 percent of full scale with repeatability of 0.5 percent. b. Output: 4 to 20 mA. c. Building Static-Pressure Range: 0-to 0.25-inch wg. d. Duct Static-Pressure Range: 0-to 5-inch wg. ,., •+;' Revised 11/24/10 Contract No. 4030 Page 116 of 143 3. Water Pressure Transducers: Stainless-steel diaphragm construction, suitable for service; minimum 150-psig operating pressure; linear output 4 to 20 mA. 4. Water Differential-Pressure Transducers: Stainless-steel diaphragm construction, suitable for service; minimum 150-psig operating pressure and tested to 300-psig; linear output 4 to 20 mA. 5. Differential-Pressure Switch (Air or Water): Snap acting, with pilot-duty rating and with suitable scale range and differential. 6. Pressure Transmitters: Direct acting for gas, liquid, or steam service; range suitable for system; linear output 4 to 20 mA. D. Room Sensor Cover Construction: Manufacturer's standard locking covers. 1. Set-Point Adjustment: Concealed. 2. Orientation: Vertical. E. Room sensor accessories include the following: 1. Guards: Locking; heavy-duty, transparent plastic; mounted on separate base. 2. Adjusting Key: As required for calibration and cover screws. 2.4 STATUS SENSORS A. Status Inputs for Fans: Differential-pressure switch with pilot-duty rating and with adjustable range of 0-to 5-inch wg. B. Status Inputs for Pumps: Differential-pressure switch with pilot-duty rating and with adjustable pressure-differential range of 8 to 60 psig, piped across pump. C. Status Inputs for Electric Motors: Comply with ISA 50.00.01, current-sensing fixed-or split-core transformers with self-powered transmitter, adjustable and suitable for 175 percent of rated motor current. D. Electronic Valve/Damper Position Indicator: Visual scale indicating percent of travel and 2-to 10-V de, feedback signal. E. Water-Flow Switches: Bellows-actuated mercury or snap-acting type with pilot-duty rating, stainless-steel or bronze paddle, with appropriate range and differential adjustment, in NEMA 250, Type 1 enclosure. 1. Manufacturers: a. Carrier or Carrier compatible. 2.5 GAS DETECTION EQUIPMENT A. Manufacturers: 1. Carrier or Carrier compatible. B. Carbon Dioxide Sensor and Transmitter: Single detectors using solid-state infrared sensors; suitable over a temperature range of 23 to 130 deg F and calibrated for 0 to 2 percent, with continuous or averaged reading, 4-to 20-mA output;, for wall mounting stand-alone operation. ,, •+;' Revised 11/24/10 Contract No. 4030 Page 117 of 143 2.6 THERMOSTATS A. Manufacturers: 1. Carrier or Carrier compatible. B. Combination Thermostat and Fan Switches: Line-voltage thermostat with push-button or lever-operated fan switch. 1. Label switches "FAN ON-OFF". 2. Mount on single electric switch box. C. Electric, solid-state, microcomputer-based room thermostat with remote sensor. 1. Automatic switching from heating to cooling. 2. Preferential rate control to minimize overshoot and deviation from set point. 3. Set up for four separate temperatures per day. 4. Instant override of set point for continuous or timed period from 1 hour to 31 days. 5. Short-cycle protection. 6. Programming based on every day of week. 7. Selection features include degree F or degree C display, 12-or 24-hour clock, keyboard disable, remote sensor, and fan on-auto. 8. Battery replacement without program loss. 9. Thermostat display features include the following: a. Time of day. b. Actual room temperature. c. Programmed temperature. d. Programmed time. e. Duration of timed override. f. Day of week. g. System mode indications include "heating," "off," "fan auto," and "fan on." D. Low-Voltage, On-Off Thermostats: NEMA DC 3, 24-V, bimetal-operated, mercury- switch type, with adjustable or fixed anticipation heater, concealed set-point adjustment, 55 to 85 deg F set-point range, and 2 deg F maximum differential. 1. Room thermostat accessories include the following: a. Insulating Bases: For thermostats located on exterior walls. b. Thermostat Gu a rd s: Locking; heavy-duty, transparent plastic; mounted on separate base. c. Adjusting Key: As required for calibration and cover screws. d. Aspirating Boxes: For flush-mounted aspirating thermostats. e. Set-Point Adjustment: 1/2-inch-diameter, adjustment knob. E. Immersion Thermostat: Remote-bulb or bimetal rod-and-tube type, proportioning action with adjustable throttling range and adjustable set point. 2. 7 ACTUATORS A. Electric Motors: Size to operate with sufficient reserve power to provide smooth modulating action or two-position action. ,, • ., Revised 11/24/10 Contract No. 4030 Page 118 of 143 1. Comply with requirements in Division 15 Section "Motors." 2. Permanent Split-Capacitor or Shaded-Pole Type: Gear trains completely oil immersed and sealed. Equip spring-return motors with integral spiral-spring mechanism in housings designed for easy removal for service or adjustment of limit switches, auxiliary switches, or feedback potentiometer. 3. Nonspring-Return Motors for Valves Larger than NPS 2-1/2: Size for running torque of 150 in. x lbf and breakaway torque of 300 in. x lbf. 4. Spring-Return Motors for Valves Larger than NPS 2 -1 /2: Size for running and breakaway torque of 150 in. x lbf. 5. Nonspring-Return Motors for Dampers Larger than 25 Sq. Ft.: Size for running torque of 150 in. x lbf and breakaway torque of 300 in. x lbf. 6. Spring-Return Motors for Dampers Larger Than 25 Sq. Ft.: Size for running and breakaway torque of 150 in. x lbf. B. Electronic Actuators: Direct-coupled type designed for minimum 60,000 full-stroke cycles at rated torque. 1. Manufacturers: a. Belimo Aircontrols (USA), Inc. 2. Valves: Size for torque required for valve close off at maximum pump differential pressure. 3. Dampers: Size for running torque calculated as follows: a. Parallel-Blade Damper with Edge Seals: 7 inch-lb/sq. ft. of damper. b. Opposed-Blade Damper with Edge Seals: 5 inch-lb/sq. ft. of damper. c. Parallel-Blade Damper without Edge Seals: 4 inch-lb/sq. ft of damper. d. Opposed-Blade Damper without Edge Seals: 3 inch-lb/sq. ft. of damper. e. Dampers with 2-to 3-lnch wg of Pressure Drop or Face Velocities of 1000 to 2500 fpm: Increase running torque by 1.5. f. Dampers with 3-to 4-lnch wg of Pressure Drop or Face Velocities of 2500 to 3000 fpm: Increase running torque by 2.0. 4. Coupling: V-bolt and V-shaped, toothed cradle. 5. Overload Protection: Electronic overload or digital rotation-sensing circuitry. 6. Fail-Safe Operation: Mechanical, spring-return mechanism. Provide external, manual gear release on nonspring-return actuators. 7. Power Requirements (Two-Position Spring Return): 120-V ac. 8. Power Requirements (Modulating): Maximum 10 VA at 24-V ac or 8 Wat 24-V de. 9. Proportional Signal: 2-to 10-V de or 4 to 20 mA, and 2-to 10-V de position feedback signal. 10. Temperature Rating: Minus 22 to plus 122 deg F. 11. Temperature Rating (Smoke Dampers): Minus 22 to plus 250 deg F. 12. Run Time: 12 seconds open, 5 seconds closed. C. Pneumatic Valve Operators: Rolling-diaphragm, spring-loaded, piston type with spring range as required and start-point adjustment. Operator shall maintain full shutoff at maximum pump differential pressure. D. Pneumatic Damper Operators: Rolling-diaphragm, piston type with adjustable stops and spring return, sized to operate with sufficient reserve power to provide smooth modulating action or two-position action. Where actuators operate in sequence, provide pilot positioners. ,, •+;' Revised 11 /24/10 Contract No. 4030 Page 119 of 143 1. Pilot Positioners: With the following characteristics: a. Start Point: Adjustable from 2 to 12 psig. b. Operating Span: Adjustable from 5 to 13 psig. c. Linearity: Plus or minus 10 percent of output signal span. d. Hysteresis: 3 percent of span. e. Response: 0.25-psig input change. f. Maximum Pilot Signal Pressure: 20 psig. g. Maximum Control Air-Supply Pressure: 60 psig. 2. Actuator Housing: Molded or die-cast zinc or aluminum. 3. Inlet-Vane Operators: High pressure, with pilot positioners. 2.8 DAMPERS A. Manufacturers: 1. Air Balance Inc. 2. Don Park Inc.; Auto damp Div. 3. TAMCO (T. A. Morrison & Co. Inc.). 4. United Enertech Corp. 5. Vent Products Company, Inc. B. Dampers: AMCA-rated, parallel-blade design; stainless steel frames with holes for duct mounting; damper blades shall not be less than 0.125 inch minimum thick extruded aluminum with maximum blade width of 8 inches and length of 48 inches. C. 1. Secure blades to 1 /2-inch-diameter, zinc-plated axles using zinc-plated hardware, with oil-impregnated sintered bronze blade bearings, blade-linkage hardware of zinc-plated 2. Operating Temperature Range: From minus 40 to plus 200 deg F. 3. Edge Seals, All Applications: Use inflatable blade edging or replaceable rubber blade seals and spring-loaded stainless-steel side seals, rated for leakage at less than 10 cfm per sq. ft. of damper area, at differential pressure of 4-inch wg when damper is held by torque of 50 in. x lbf; when tested according to AMCA 5000. 4. Steel and brass, ends sealed against spring-stainless-steel blade bearings, and thrust bearings at each end of every blade. 2. EXECUTION 2.9 EXAMINATION A. Verify that power supply is available to control units. 2.10 INSTALLATION A. Install software in control units and operator workstation(s). Implement all features of programs to specified requirements and as appropriate to sequence of operation. B. Connect and configure equipment and software to achieve sequence of operation specified on drawings. l'\ • ., Revised 11/24/10 Contract No. 4030 Page 120 of 143 C. Verify location of thermostats,, and other exposed control sensors with Drawings and room details before installation. Install devices 48 inches above the floor. D. Install guards on thermostats in the following locations: 1. Entrances. 2. Public areas. 3. Where indicated. E. Install automatic dampers according to Division 233300 Section "Duct Accessories." F. Install damper motors on outside of duct in warm areas, not in locations exposed to outdoor temperatures. G. Install labels and nameplates to identify control components according to Section "Mechanical Identification." H. Install refrigerant instrument wells, valves, and other accessories according to Division 23. I. Install duct volume-control dampers according to Division 23 Sections specifying air ducts. 2.11 ELECTRICAL WIRING AND CONNECTION INSTALLATION A. Install raceways, boxes, and cabinets according to Division 26 Section "Raceways and Boxes." B. Install building wire and cable according to Division 26 Section "Conductors and Cables. C. Install signal and communication cable according to Division 26. I. Conceal cable, except in mechanical rooms and areas where other conduit and piping are exposed. 2. Install exposed cable in raceway. 3. Install concealed cable in raceway. 4. Bundle and harness multiconductor instrument cable in place of single cables where several cables follow a common path. 5. Fasten flexible conductors, bridging cabinets and doors, along hinge side; protect against abrasion. Tie and support conductors. 6. Number-code or color-code conductors for future identification and service of control system, except local individual room control cables. 7. Install wire and cable with sufficient slack and flexible connections to allow for vibration of piping and equipment. D. Install 18/2 communication wire from all utility meters to location of main electrical meter. Terminate wires per manufacturer's recommendation. Conduit furnished and installed under Division 16. E. Connect manual-reset limit controls independent of manual-control switch positions. Automatic duct heater resets may be connected in interlock circuit of power controllers . . , f.+r Revised 11/24/10 Contract No. 4030 Page 121 of 143 F. Connect hand-off-auto selector switches to override automatic interlock controls when switch is in hand position. 2.12 FIELD QUALITY CONTROL A. Manufacturer's Field Service: Engage a factory-authorized service representative to inspect, test, and adjust field-assembled components and equipment installation, including connections, and to assist in field testing. Report results in writing. B. Perform the following field tests and inspections and prepare test reports: 1. Operational Test: After electrical circuitry has been energized, start units to confirm proper unit operation. Remove and replace malfunctioning units and retest. 2. Test and adjust controls and safeties. 3. Leak Test: After installation, charge system and test for leaks. Repair leaks and retest until no leaks exist. 4. Pressure test control air piping at 30 psig or 1.5 times the operating pressure for 24 hours, with maximum 5-psig loss. 5. Pressure test high-pressure control air piping at 150 psig and low-pressure control air piping at 30 psig for 2 hours, with maximum 1-psig loss. 6. Test calibration of electronic controllers by disconnecting input sensors and stimulating operation with compatible signal generator. 7. Test each point through its full operating range to verify that safety and operating control set points are as required. 8. Test each system for compliance with sequence of operation. 9. Test software and hardware interlocks. C. DOC Verification 1. Verify that instruments are installed before calibration and testing 2. Check instruments for proper location and accessibility. 3. Check instrument installation for direction of flow, elevation, orientation, insertion depth, and other applicable considerations. 4. Check temperature instruments and material and length of sensing elements. 5. Check control valves. Verify that they are in correct direction. 6. Check air-operated dampers. Verify that pressure gages are provided and that proper blade alignment, either parallel or opposed, has been provided. 7. Check DOC system as follows: a. Verify that DOC controller power supply is from emergency power supply, if applicable. b. Verify that wires at control panels are tagged with their service designation and approved tagging system. c. Verify that spare 1/0 capacity has been provided. d. Verify that DOC controllers are protected from power supply surges. D. Replace damaged or malfunctioning controls and equipment and repeat testing procedures. ,, •ff Revised 11/24/10 Contract No. 4030 Page 122 of 143 2.13 ADJUSTING A. Calibrating and Adjusting: 1. Calibrate instruments. 2. Make three-point calibration test for both linearity and accuracy for each analog instrument. 3. Calibrate equipment and procedures using manufacturer's written recommendations and instruction manuals. Use test equipment with accuracy at least double that of instrument being calibrated. 4. Control System Inputs and Outputs: a. b. C. d. e. 5. Flow: a. b. Check analog inputs at 0, 50, and 100 percent of span. Check analog outputs using milliampere meter at 0, 50, and 100 percent output. Check digital inputs using jumper wire. Check digital outputs using ohmmeter to test for contact making or breaking. Check resistance temperature inputs at 0, 50, and 100 percent of span using a precision-resistant source. Set differential pressure flow transmitters for O and 100 percent values with 3-point calibration accomplished at 50, 90, and 100 percent of span. Manually operate flow switches to verify that they make or break contact. 6. Pressure: a. Calibrate pressure transmitters at 0, 50, and 100 percent of span. b. Calibrate pressure switches to make or break contacts, with adjustable differential set at minimum 7. Temperature: a. Calibrate resistance temperature transmitters at 0, 50, and 100 percent of span using a precision-resistance source. b. Calibrate temperature switches to make or break contacts. 8. Stroke and adjust control valves and dampers without positioners, following the manufacturer's recommended procedure, so that valve or damper is 100 percent open and closed. 9. Stroke and adjust control valves and dampers with positioners, following manufacturer's recommended procedure, so that valve and damper is 0, 50, and 100 percent closed. 10. Provide diagnostic and test instruments for calibration and adjustment of system. 11. Provide written description of procedures and equipment for calibrating each type of instrument. Submit procedures review and approval before initiating startup procedures. B. Adjust initial temperature and humidity set points. C. Occupancy Adjustments: When requested within 12 months of date of Substantial Completion, provide on-site assistance in adjusting system to suit actual occupied ,, • ., Revised 11/24/10 Contract No. 4030 Page 123 of 143 conditions. Provide up to three visits to Project during other than normal occupancy hours for this purpose. 2.14 DEMONSTRATION A. Engage a factory-authorized service representative to train Carlsbad City Library maintenance personnel to adjust, operate, and maintain HVAC instrumentation and controls. B. Contractor to provide two (2) printed and bound copies and one (1) electronic copy in PDF of an operations manual for the system. 2.15 Warranty A. Contractor to provide a two (2) year warranty for parts, operation of system, labor for repairs and callouts. B. Contractor to provide a single point of contact with a two (2) hour response time. C. Contractor to provide software updates for two (2) years at no charge to the City. END OF SECTION 230923 l' •+;' Revised 11/24/10 Contract No. 4030 Page 124 of 143 SECTION 230593 -TESTING, ADJUSTING, AND BALANCING FOR HVAC PART 1 -GENERAL 1.1 SUMMARY A. Section Includes: 1. Balancing Air Systems: a. Variable-air-volume systems. 2. Balancing Hydronic Piping Systems: a. Constant-flow hydronic systems. b. Variable-flow hydronic systems. 3. Testing, Adjusting, and Balancing Equipment: a. Chillers. b. Cooling towers. c. Boilers. 4. Testing, adjusting, and balancing existing systems and equipment. 5. Control system verification. 1.2 DEFINITIONS A. AABC: Associated Air Balance Council. B. BAS: Building automation systems. C. NEBB: National Environmental Balancing Bureau. D. TAB: Testing, adjusting, and balancing. E. TABB: Testing, Adjusting, and Balancing Bureau. F. TAB Specialist: An independent entity meeting qualifications to perform TAB work. G. TOH: Total dynamic head. 1.3 PREINSTALLATION MEETINGS A. TAB Conference: If requested by the Owner, conduct a TAB conference at Project site after approval of the TAB strategies and procedures plan to develop a mutual understanding of the details. Provide a minimum of 14 days' advance notice of scheduled meeting time and location. ,, •,;' Revised 11/24/10 Contract No. 4030 Page 125 of 143 1. Minimum Agenda Items: a. The Contract Documents examination report. b. The TAB plan. c. Needs for coordination and cooperation of trades and subcontractors. d. Proposed procedures for documentation and communication flow. 1.4 INFORMATIONAL SUBMITTALS A. Qualification Data: Within 30 days of Contractor's Notice to Proceed, submit documentation that the TAB specialist and this Project's TAB team members meet the qualifications specified in "Quality Assurance" Article. B. Contract Documents Examination Report: Within 30 days of Contractor's Notice to Proceed, submit the Contract Documents review report as specified in Part 3. C. Strategies and Procedures Plan: Within 30 days of Contractor's Notice to Proceed, submit TAB strategies and step-by-step procedures as specified in "Preparation" Article. D. System Readiness Checklists: Within 30 days of Contractor's Notice to Proceed, submit system readiness checklists as specified in "Preparation" Article. E. Examination Report: Submit a summary report of the examination review required in "Examination" Article. F. Certified TAB reports. G. Sample report forms. H. Instrument calibration reports, to include the following: 1. Instrument type and make. 2. Serial number. 3. Application. 4. Dates of use. 5. Dates of calibration. 1.5 QUALITY ASSURANCE A. TAB Specialists Qualifications: Certified by AABC NEBB. 1. TAB Field Supervisor: Employee of the TAB specialist and certified by AABC NEBB. 2. TAB Technician: Employee of the TAB specialist and certified by AABC NEBB as a TAB technician. B. Instrumentation Type, Quantity, Accuracy, and Calibration: Comply with requirements in ASHRAE 111, Section 4, "Instrumentation." C. ASHRAE Compliance: Applicable requirements in ASHRAE 62.1, Section 7.2.2 -"Air Balancing." D. ASHRAE/IESNA Compliance: Applicable requirements in ASHRAE/IESNA 90.1, Section 6.7.2.3 -"System Balancing." l' •+; Revised 11/24/10 Contract No. 4030 Page 126 of 143 1.6 FIELD CONDITIONS A. Full Owner Occupancy: Owner will occupy the site and existing building during entire TAB period. Cooperate with Owner during TAB operations to minimize conflicts with Owner's operations. B. Partial Owner Occupancy: Owner may occupy completed areas of building before Substantial Completion. Cooperate with Owner during TAB operations to minimize conflicts with Owner's operations. PART 2 -PRODUCTS (Not Applicable) PART 3 -EXECUTION 3.1 EXAMINATION A. Examine the Contract Documents to become familiar with Project requirements and to discover conditions in systems designs that may preclude proper TAB of systems and equipment. B. Examine installed systems for balancing devices, such as test ports, gage cocks, thermometer wells, flow-control devices, balancing valves and fittings, and manual volume dampers. Verify that locations of these balancing devices are applicable for intended purpose and are accessible. C. Examine the approved submittals for HVAC controls systems and equipment. D. Examine design data including HVAC system descriptions, statements of design assumptions for environmental conditions and systems output, and statements of philosophies and assumptions about HVAC system and equipment controls. E. Examine equipment performance data including fan and pump curves. 1. Relate performance data to Project conditions and requirements, including system effects that can create undesired or unpredicted conditions that cause reduced capacities in all or part of a system. 2. Calculate system-effect factors to reduce performance ratings of HVAC equipment when installed under conditions different from the conditions used to rate equipment performance. To calculate system effects for air systems, use tables and charts found in AMCA 201, "Fans and Systems," or in SMACNA's "HVAC Systems -Duct Design." Compare results with the design data and installed conditions. F. Examine system and equipment installations and verify that field quality-control testing, cleaning, and adjusting have been performed. G. Examine test reports specified in individual system and equipment.. H. Examine terminal units, such as variable-air-volume boxes, and verify that they are accessible and their controls are connected and functioning . . , f.,; Revised 11/24/10 Contract No. 4030 Page 127 of 143 I. Examine control valves for proper installation for their intended function of throttling, diverting, or mixing fluid flows. J. Examine operating safety interlocks and controls on HVAC equipment. K. Report deficiencies discovered before and during performance of TAB procedures. Observe and record system reactions to changes in conditions. Record default set points if different from indicated values. 3.2 PREPARATION A. Prepare a TAB plan that includes the following: 1. Equipment and systems to be tested. 2. Strategies and step-by-step procedures for balancing the systems. 3. Instrumentation to be used. 4. Sample forms with specific identification for all equipment. B. Perform system-readiness checks of HVAC systems and equipment to verify system readiness for TAB work. Include, at a minimum, the following: 1. Airside: a. Verify that leakage and pressure tests on air distribution systems have been satisfactorily completed. b. Duct systems are complete with terminals installed. c. Volume, smoke, and fire dampers are open and functional. d. Clean filters are installed. e. Fans are operating, free of vibration, and rotating in correct direction. f. Variable-frequency controllers' startup is complete and safeties are verified. g. Automatic temperature-control systems are operational. h. Ceilings are installed. i. Windows and doors are installed. j. Suitable access to balancing devices and equipment is provided. 2. Hydronics: a. Verify leakage and pressure tests on water distribution systems have been satisfactorily completed. b. Piping is complete with terminals installed. c. Water treatment is complete. d. Systems are flushed, filled, and air purged. e. Strainers are pulled and cleaned. f. Control valves are functioning per the sequence of operation. g. Shutoff and balance valves have been verified to be 100 percent open. h. Pumps are started and proper rotation is verified. i. Pump gage connections are installed directly at pump inlet and outlet flanges or in discharge and suction pipe prior to valves or strainers. j. Variable-frequency controllers' startup is complete and safeties are verified. k. Suitable access to balancing devices and equipment is provided. l' • ., Revised 11/24/10 Contract No. 4030 Page 128 of 143 3.3 GENERAL PROCEDURES FOR TESTING AND BALANCING A. Perform testing and balancing procedures on each system according to the procedures contained in AABC's "National Standards for Total System Balance" NEBB's "Procedural Standards for Testing, Adjusting, and Balancing of Environmental Systems" SMACNA's "HVAC Systems -Testing, Adjusting, and Balancing" and in this Section. B. Cut insulation, ducts, pipes, and equipment cabinets for installation of test probes to the minimum extent necessary for TAB procedures. C. Mark equipment and balancing devices, including damper-control positions, valve position indicators, fan-speed-control levers, and similar controls and devices, with paint or other suitable, permanent identification material to show final settings. D. Take and report testing and balancing measurements in inch-pound (IP) units. 3.4 GENERAL PROCEDURES FOR BALANCING AIR SYSTEMS A. Prepare test reports for both fans and outlets. Obtain manufacturer's outlet factors and recommended testing procedures. Cross-check the summation of required outlet volumes with required fan volumes. B. Prepare schematic diagrams of systems' "as-built" duct layouts. C. For variable-air-volume systems, develop a plan to simulate diversity. D. Determine the best locations in main and branch ducts for accurate duct-airflow measurements. E. Check airflow patterns from the outdoor-air louvers and dampers and the return-and exhaust-air dampers through the supply-fan discharge and mixing dampers. F. Locate start-stop and disconnect switches, electrical interlocks, and motor starters. G. Verify that motor starters are equipped with properly sized thermal protection. H. Check dampers for proper position to achieve desired airflow path. I. Check for airflow blockages. J. Check condensate drains for proper connections and functioning. K. Check for proper sealing of air-handling-unit components. L. Verify that air duct system is sealed. 3.5 PROCEDURES FOR CONSTANT-VOLUME AIR SYSTEMS A. Adjust fans to deliver total indicated airflows within the maximum allowable fan speed listed by fan manufacturer. 1. Measure total airflow. ,, •+;' Revised 11/24/10 Contract No. 4030 Page 129 of 143 a. Set outside-air, return-air, and relief-air dampers for proper position that simulates minimum outdoor-air conditions. b. Where duct conditions allow, measure airflow by Pitot-tube traverse. If necessary, perform multiple Pitot-tube traverses to obtain total airflow. c. Where duct conditions are not suitable for Pitot-tube traverse measurements, a coil traverse may be acceptable. d. If a reliable Pitot-tube traverse or coil traverse is not possible, measure airflow at terminals and calculate the total airflow. 2. Measure fan static pressures as follows: a. Measure static pressure directly at the fan outlet or through the flexible connection. b. Measure static pressure directly at the fan inlet or through the flexible connection. c. Measure static pressure across each component that makes up the air-handling system. d. Report artificial loading of filters at the time static pressures are measured. 3. Review Record Documents to determine variations in design static pressures versus actual static pressures. Calculate actual system-effect factors. Recommend adjustments to accommodate actual conditions. 4. Obtain approval from Owner for adjustment of fan speed higher or lower than indicated speed. 5. Do not make fan-speed adjustments that result in motor overload. Consult equipment manufacturers about fan-speed safety factors. Modulate dampers and measure fan-motor amperage to ensure that no overload occurs. Measure amperage in full-cooling, full-heating, economizer, and any other operating mode to determine the maximum required brake horsepower. B. Adjust volume dampers for main duct, submain ducts, and major branch ducts to indicated airflows. 1. Measure airflow of submain and branch ducts. 2. Adjust submain and branch duct volume dampers for specified airflow. 3. Re-measure each submain and branch duct after all have been adjusted. C. Adjust air inlets and outlets for each space to indicated airflows. 1. Set airflow patterns of adjustable outlets for proper distribution without drafts. 2. Measure inlets and outlets airflow. 3. Adjust each inlet and outlet for specified airflow. 4. Re-measure each inlet and outlet after they have been adjusted. D. Verify final system conditions. 1. Re-measure and confirm that minimum outdoor, return, and relief airflows are within design. Readjust to design if necessary. 2. Re-measure and confirm that total airflow is within design. 3. Re-measure all final fan operating data, rpms, volts, amps, and static profile. 4. Mark all final settings. 5. Test system in economizer mode. Verify proper operation and adjust if necessary. l' • ., Revised 11/24/10 Contract No. 4030 Page 130 of 143 6. Measure and record all operating data. 7. Record final fan-performance data. 3.6 PROCEDURES FOR VARIABLE-AIR-VOLUME SYSTEMS A. Adjust the variable-air-volume systems as follows: 1. Verify that the system static pressure sensor is located two-thirds of the distance down the duct from the fan discharge. 2. Verify that the system is under static pressure control. 3. Select the terminal unit that is most critical to the supply-fan airflow. Measure inlet static pressure, and adjust system static pressure control set point so the entering static pressure for the critical terminal unit is not less than the sum of the terminal- unit manufacturer's recommended minimum inlet static pressure plus the static pressure needed to overcome terminal-unit discharge system losses. 4. Calibrate and balance each terminal unit for maximum and minimum design airflow as follows: a. Adjust controls so that terminal is calling for maximum airflow. Some controllers require starting with minimum airflow. Verify calibration procedure for specific project. b. Measure airflow and adjust calibration factor as required for design maximum airflow. Record calibration factor. c. When maximum airflow is correct, balance the air outlets downstream from terminal units. d. Adjust controls so that terminal is calling for minimum airflow. e. Measure airflow and adjust calibration factor as required for design minimum airflow. Record calibration factor. If no minimum calibration is available, note any deviation from design airflow. f. When in full cooling or full heating, ensure that there is no mixing of hot-deck and cold-deck airstreams unless so designed. g. On constant volume terminals, in critical areas where room pressure is to be maintained, verify that the airflow remains constant over the full range of full cooling to full heating. Note any deviation from design airflow or room pressure. 5. After terminals have been calibrated and balanced, test and adjust system for total airflow. Adjust fans to deliver total design airflows within the maximum allowable fan speed listed by fan manufacturer. a. Set outside-air, return-air, and relief-air dampers for proper position that simulates minimum outdoor-air conditions. b. Set terminals for maximum airflow. If system design includes diversity, adjust terminals for maximum and minimum airflow so that connected total matches fan selection and simulates actual load in the building. c. Where duct conditions allow, measure airflow by Pitot-tube traverse. If necessary, perform multiple Pitot-tube traverses to obtain total airflow. d. Where duct conditions are not suitable for Pitot-tube traverse measurements, a coil traverse may be acceptable. e. If a reliable Pitot-tube traverse or coil traverse is not possible, measure airflow at terminals and calculate the total airflow. ,, • ., Revised 11/24/10 Contract No. 4030 Page 131 of 143 6. Measure fan static pressures as follows: a. Measure static pressure directly at the fan outlet or through the flexible connection. b. Measure static pressure directly at the fan inlet or through the flexible connection. c. Measure static pressure across each component that makes up the air-handling system. d. Report any artificial loading of filters at the time static pressures are measured. 7. Set final return and outside airflow to the fan while operating at maximum return airflow and minimum outdoor airflow. a. Balance the return-air ducts and inlets the same as described for constant- volume air systems. b. Verify that terminal units are meeting design airflow under system maximum flow. 8. Re-measure the inlet static pressure at the most critical terminal unit and adjust the system static pressure set point to the most energy-efficient set point to maintain the optimum system static pressure. Record set point and give to controls contractor. 9. Verify final system conditions as follows: a. Re-measure and confirm that minimum outdoor, return, and relief airflows are within design. Readjust to match design if necessary. b. Re-measure and confirm that total airflow is within design. c. Re-measure final fan operating data, rpms, volts, amps, and static profile. d. Mark final settings. e. Test system in economizer mode. Verify proper operation and adjust if necessary. Measure and record all operating data. f. Verify tracking between supply and return fans. 3.7 GENERAL PROCEDURES FOR HYDRONIC SYSTEMS A. Prepare test reports for pumps, coils, and heat exchangers. Obtain approved submittals and manufacturer-recommended testing procedures. Crosscheck the summation of required coil and heat exchanger flow rates with pump design flow rate. B. Prepare schematic diagrams of systems' "as-built" piping layouts. C. In addition to requirements in "Preparation" Article, prepare hydronic systems for testing and balancing as follows: 1. Check liquid level in expansion tank. 2. Check highest vent for adequate pressure. 3. Check flow-control valves for proper position. 4. Locate start-stop and disconnect switches, electrical interlocks, and motor starters. 5. Verify that motor starters are equipped with properly sized thermal protection. 6. Check that air has been purged from the system. ,, • .., Revised 11/24/10 Contract No. 4030 Page 132 of 143 3.8 PROCEDURES FOR CONSTANT-FLOW HYDRONIC SYSTEMS A. Adjust pumps to deliver total design gpm. 1. Measure total water flow. a. Position valves for full flow through coils. b. Measure flow by main flow meter, if installed. c. If main flow meter is not installed, determine flow by pump TOH or exchanger pressure drop. 2. Measure pump TOH as follows: a. Measure discharge pressure directly at the pump outlet flange or in discharge pipe prior to any valves. b. Measure inlet pressure directly at the pump inlet flange or in suction pipe prior to any valves or strainers. c. Convert pressure to head and correct for differences in gage heights. d. Verify pump impeller size by measuring the TOH with the discharge valve closed. Note the point on manufacturer's pump curve at zero flow, and verify that the pump has the intended impeller size. e. With valves open, read pump TOH. Adjust pump discharge valve until design water flow is achieved. 3. Monitor motor performance during procedures and do not operate motor in an overloaded condition. B. Adjust flow-measuring devices installed in mains and branches to design water flows. 1. Measure flow in main and branch pipes. 2. Adjust main and branch balance valves for design flow. 3. Re-measure each main and branch after all have been adjusted. C. Adjust flow-measuring devices installed at terminals for each space to design water flows. 1. Measure flow at terminals. 2. Adjust each terminal to design flow. 3. Re-measure each terminal after it is adjusted. 4. Position control valves to bypass the coil, and adjust the bypass valve to maintain design flow. 5. Perform temperature tests after flows have been balanced. D. For systems with pressure-independent valves at terminals: 1. Measure differential pressure and verify that it is within manufacturer's specified range. 2. Perform temperature tests after flows have been verified. E. For systems without pressure-independent valves or flow-measuring devices at terminals: 1. Measure and balance coils by either coil pressure drop or temperature method. 2. If balanced by coil pressure drop, perform temperature tests after flows have been verified. {'\ •+;' Revised 11/24/10 Contract No. 4030 Page 133 of 143 F. Verify final system conditions as follows: 1. Re-measure and confirm that total water flow is within design. 2. Re-measure final pumps' operating data, TOH, volts, amps, and static profile. 3. Mark final settings. G. Verify that memory stops have been set. 3.9 PROCEDURES FOR VARIABLE-FLOW HYDRONIC SYSTEMS A. Balance systems with automatic two-and three-way control valves by setting systems at maximum flow through heat-exchange terminals, and proceed as specified above for hydronic systems. B. Adjust the variable-flow hydronic system as follows: 1. Verify that the differential-pressure sensor is located as indicated. 2. Determine whether there is diversity in the system. C. For systems with no diversity: 1. Adjust pumps to deliver total design gpm. a. Measure total water flow. 1) Position valves for full flow through coils. 2) Measure flow by main flow meter, if installed. 3) If main flow meter is not installed, determine flow by pump TOH or exchanger pressure drop. b. Measure pump TOH as follows: 1) Measure discharge pressure directly at the pump outlet flange or in discharge pipe prior to any valves. 2) Measure inlet pressure directly at the pump inlet flange or in suction pipe prior to any valves or strainers. 3) Convert pressure to head and correct for differences in gage heights. 4) Verify pump impeller size by measuring the TOH with the discharge valve closed. Note the point on manufacturer's pump curve at zero flow and verify that the pump has the intended impeller size. 5) With valves open, read pump TOH. Adjust pump discharge valve until design water flow is achieved. c. Monitor motor performance during procedures and do not operate motor in an overloaded condition. 2. Adjust flow-measuring devices installed in mains and branches to design water flows. a. Measure flow in main and branch pipes. b. Adjust main and branch balance valves for design flow. c. Re-measure each main and branch after all have been adjusted. {' •+; Revised 11/24/10 Contract No. 4030 Page 134 of 143 3. Adjust flow-measuring devices installed at terminals for each space to design water flows. a. Measure flow at terminals. b. Adjust each terminal to design flow. c. Re-measure each terminal after it is adjusted. d. Position control valves to bypass the coil and adjust the bypass valve to maintain design flow. e. Perform temperature tests after flows have been balanced. 4. For systems with pressure-independent valves at terminals: a. Measure differential pressure and verify that it is within manufacturer's specified range. b. Perform temperature tests after flows have been verified. 5. For systems without pressure-independent valves or flow-measuring devices at terminals: a. Measure and balance coils by either coil pressure drop or temperature method. b. If balanced by coil pressure drop, perform temperature tests after flows have been verified. 6. Prior to verifying final system conditions, determine the system differential- pressure set point. 7. If the pump discharge valve was used to set total system flow with variable- frequency controller at 60 Hz, at completion open discharge valve 100 percent and allow variable-frequency controller to control system differential-pressure set point. Record pump data under both conditions. 8. Mark final settings and verify that all memory stops have been set. 9. Verify final system conditions as follows: a. Re-measure and confirm that total water flow is within design. b. Re-measure final pumps' operating data, TOH, volts, amps, and static profile. c. Mark final settings. 10. Verify that memory stops have been set. D. For systems with diversity: 1. Determine diversity factor. 2. Simulate system diversity by closing required number of control valves, as approved by the design engineer. 3. Adjust pumps to deliver total design gpm. a. Measure total water flow. 1) Position valves for full flow through coils. 2) Measure flow by main flow meter, if installed. 3) If main flow meter is not installed, determine flow by pump TOH or exchanger pressure drop. l' •+;' Revised 11/24/10 Contract No. 4030 Page 135 of 143 b. Measure pump TOH as follows: 1) Measure discharge pressure directly at the pump outlet flange or in discharge pipe prior to any valves. 2) Measure inlet pressure directly at the pump inlet flange or in suction pipe prior to any valves or strainers. 3) Convert pressure to head and correct for differences in gage heights. 4) Verify pump impeller size by measuring the TOH with the discharge valve closed. Note the point on manufacturer's pump curve at zero flow and verify that the pump has the intended impeller size. 5) With valves open, read pump TOH. Adjust pump discharge valve until design water flow is achieved. c. Monitor motor performance during procedures and do not operate motor in an overloaded condition. 4. Adjust flow-measuring devices installed in mains and branches to design water flows. a. Measure flow in main and branch pipes. b. Adjust main and branch balance valves for design flow. c. Re-measure each main and branch after all have been adjusted. 5. Adjust flow-measuring devices installed at terminals for each space to design water flows. a. Measure flow at terminals. b. Adjust each terminal to design flow. c. Re-measure each terminal after it is adjusted. d. Position control valves to bypass the coil, and adjust the bypass valve to maintain design flow. e. Perform temperature tests after flows have been balanced. 6. For systems with pressure-independent valves at terminals: a. Measure differential pressure, and verify that it is within manufacturer's specified range. b. Perform temperature tests after flows have been verified. 7. For systems without pressure-independent valves or flow-measuring devices at terminals: a. Measure and balance coils by either coil pressure drop or temperature method. b. If balanced by coil pressure drop, perform temperature tests after flows have been verified. 8. Open control valves that were shut. Close a sufficient number of control valves that were previously open to maintain diversity, and balance terminals that were just opened. ,, •+; Revised 11/24/10 Contract No. 4030 Page 136 of 143 9. Prior to verifying final system conditions, determine system differential-pressure set point. 10. If the pump discharge valve was used to set total system flow with variable- frequency controller at 60 Hz, at completion open discharge valve 100 percent and allow variable-frequency controller to control system differential-pressure set point. Record pump data under both conditions. 11. Mark final settings and verify that memory stops have been set. 12. Verify final system conditions as follows: a. Re-measure and confirm that total water flow is within design. b. Re-measure final pumps' operating data, TOH, volts, amps, and static profile. c. Mark final settings. 13. Verify that memory stops have been set. 3.10 PROCEDURES FOR CHILLERS A. Balance water flow through each evaporator to within specified tolerances of indicated flow with all pumps operating. With only one chiller operating in a multiple chiller installation, do not exceed the flow for the maximum tube velocity recommended by the chiller manufacturer. Measure and record the following data with each chiller operating at design conditions: 1. Evaporator-water entering and leaving temperatures, pressure drop, and water flow. 2. For water-cooled chillers, condenser-water entering and leaving temperatures, pressure drop, and water flow. 3. Evaporator and condenser refrigerant temperatures and pressures, using instruments furnished by chiller manufacturer. 4. Power factor if factory-installed instrumentation is furnished for measuring kilowatts. 5. Kilowatt input if factory-installed instrumentation is furnished for measuring kilowatts. 6. Capacity: Calculate in tons of cooling. 7. For air-cooled chillers, verify condenser-fan rotation and record fan and motor data including number of fans and entering-and leaving-air temperatures. 3.11 PROCEDURES FOR COOLING TOWERS A. Balance total condenser-water flows to towers. Measure and record the following data: 1. Condenser-water flow to each cell of the cooling tower. 2. Entering-and leaving-water temperatures. 3. Wet-and dry-bulb temperatures of entering air. 4. Wet-and dry-bulb temperatures of leaving air. 5. Condenser-water flow rate recirculating through the cooling tower. 6. Cooling-tower spray pump discharge pressure. 7. Condenser-water flow through bypass. 8. Fan and motor operating data. l'\ •+;' Revised 11/24/10 Contract No. 4030 Page 137 of 143 3.12 PROCEDURES FOR BOILERS A. Hydronic Boilers: 1. Measure and record entering-and leaving-water temperatures. 2. Measure and record water flow. 3. Record relief valve pressure setting. 3.13 CONTROLS VERIFICATION A. In conjunction with system balancing, perform the following: 1. Verify temperature control system is operating within the design limitations. 2. Confirm that the sequences of operation are in compliance with Contract Documents. 3. Verify that controllers are calibrated and function as intended. 4. Verify that controller set points are as indicated. 5. Verify the operation of lockout or interlock systems. 6. Verify the operation of valve and damper actuators. 7. Verify that controlled devices are properly installed and connected to correct controller. 8. Verify that controlled devices travel freely and are in position indicated by controller: open, closed, or modulating. 9. Verify location and installation of sensors to ensure that they sense only intended temperature, humidity, or pressure. B. Reporting: Include a summary of verifications performed, remaining deficiencies, and variations from indicated conditions. 3.14 PROCEDURES FOR TESTING, ADJUSTING, AND BALANCING EXISTING SYSTEMS A. Perform a preconstruction inspection of existing equipment that is to remain and be reused. 1. Measure and record the operating speed, airflow, and static pressure of each fan. 2. Measure motor voltage and amperage. Compare the values to motor nameplate information. 3. Check the refrigerant charge. 4. Check the condition of filters. 5. Check the condition of coils. 6. Check the operation of the drain pan and condensate-drain trap. 7. Check bearings and other lubricated parts for proper lubrication. 8. Report on the operating condition of the equipment and the results of the measurements taken. Report deficiencies. B. Before performing testing and balancing of existing systems, inspect existing equipment that is to remain and be reused to verify that existing equipment has been cleaned and refurbished. Verify the following: 1. New filters are installed. 2. Coils are clean and fins combed. 3. Drain pans are clean. 4. Fans are clean. ,., •+' Revised 11/24/10 Contract No. 4030 Page 138 of 143 5. Bearings and other parts are properly lubricated. 6. Deficiencies noted in the preconstruction report are corrected. C. Perform testing and balancing of existing systems to the extent that existing systems are affected by the renovation work. 1. Compare the indicated airflow of the renovated work to the measured fan airflows, and determine the new fan speed and the face velocity of filters and coils. 2. Verify that the indicated airflows of the renovated work result in filter and coil face velocities and fan speeds that are within the acceptable limits defined by equipment manufacturer. 3. If calculations increase or decrease the airflow rates and water flow rates by more than 5 percent, make equipment adjustments to achieve the calculated rates. If increase or decrease is 5 percent or less, equipment adjustments are not required. 4. Balance each air outlet. 3.15 TOLERANCES A. Set HVAC system's airflow rates and water flow rates within the following tolerances: 1. Supply, Return, and Exhaust Fans and Equipment with Fans: Plus or minus 10 percent. 2. Air Outlets and Inlets: Plus or minus 10 percent. 3. Heating-Water Flow Rate: Plus or minus 10 percent. 4. Cooling-Water Flow Rate: Plus or minus 10 percent. B. Maintaining pressure relationships as designed shall have priority over the tolerances specified above. 3.16 PROGRESS REPORTING A. Initial Construction-Phase Report: Based on examination of the Contract Documents as specified in "Examination" Article, prepare a report on the adequacy of design for systems balancing devices. Recommend changes and additions to systems balancing devices to facilitate proper performance measuring and balancing. Recommend changes and additions to HVAC systems and general construction to allow access for performance measuring and balancing devices. B. Status Reports: Prepare biweekly progress reports to describe completed procedures, procedures in progress, and scheduled procedures. Include a list of deficiencies and problems found in systems being tested and balanced. Prepare a separate report for each system and each building floor for systems serving multiple floors. 3.17 FINAL REPORT A. General: Prepare a certified written report; tabulate and divide the report into separate sections for tested systems and balanced systems. 1. Include a certification sheet at the front of the report's binder, signed and sealed by the certified testing and balancing engineer. 2. Include a list of instruments used for procedures, along with proof of calibration. 3. Certify validity and accuracy of field data. l'\ •+;' Revised 11/24/10 Contract No. 4030 Page 139 of 143 B. Final Report Contents: In addition to certified field-report data, include the following: 1. Pump curves. 2. Fan curves. 3. Manufacturers' test data. 4. Field test reports prepared by system and equipment installers. 5. Other information relative to equipment performance; do not include Shop Drawings and Product Data. C. General Report Data: In addition to form titles and entries, include the following data: 1. Title page. 2. Name and address of the TAB specialist. 3. Project name. 4. Project location. 5. Architect's name and address. 6. Engineer's name and address. 7. Contractor's name and address. 8. Report date. 9. Signature of TAB supervisor who certifies the report. 10. Table of Contents with the total number of pages defined for each section of the report. Number each page in the report. 11. Summary of contents including the following: a. Indicated versus final performance. b. Notable characteristics of systems. c. Description of system operation sequence if it varies from the Contract Documents. 12. Nomenclature sheets for each item of equipment. 13. Data for terminal units, including manufacturer's name, type, size, and fittings. 14. Notes to explain why certain final data in the body of reports vary from indicated values. 15. Test conditions for fans and pump performance forms including the following: a. Settings for outdoor-, return-, and exhaust-air dampers. b. Conditions of filters. c. Cooling coil, wet-and dry-bulb conditions. d. Face and bypass damper settings at coils. e. Fan drive settings including settings and percentage of maximum pitch diameter. f. Inlet vane settings for variable-air-volume systems. g. Settings for supply-air, static-pressure controller. h. Other system operating conditions that affect performance. D. System Diagrams: Include schematic layouts of air and hydronic distribution systems. Present each system with single-line diagram and include the following: 1. Quantities of outdoor, supply, return, and exhaust airflows. 2. Water and steam flow rates. 3. Duct, outlet, and inlet sizes. 4. Pipe and valve sizes and locations. 5. Terminal units. ,, •+;' Revised 11/24/10 Contract No. 4030 Page 140 of 143 6. Balancing stations. 7. Position of balancing devices. E. Air-Terminal-Device Reports: 1. Unit Data: a. System and air-handling unit identification. b. Location and zone. c. Apparatus used for test. d. Area served. e. Make. f. Number from system diagram. g. Type and model number. h. Size. i. Effective area in sq. ft. (sq. m). 2. Test Data {Indicated and Actual Values): a. Airflow rate in cfm (Us). b. Air velocity in fpm (m/s). c. Preliminary airflow rate as needed in cfm (Us). d. Preliminary velocity as needed in fpm (m/s). e. Final airflow rate in cfm (Us). f. Final velocity in fpm (m/s). g. Space temperature in deg F (deg C). F. Pump Test Reports: Calculate impeller size by plotting the shutoff head on pump curves and include the following: 1. Unit Data: a. Unit identification. b. Location. c. Service. d. Make and size. e. Model number and serial number. f. Water flow rate in gpm (Us). g. Water pressure differential in feet of head or psig (kPa). h. Required net positive suction head in feet of head or psig (kPa). i. Pump rpm. j. Impeller diameter in inches (mm). k. Motor make and frame size. I. Motor horsepower and rpm. m. Voltage at each connection. n. Amperage for each phase. o. Full-load amperage and service factor. p. Seal type. 2. Test Data (Indicated and Actual Values): a. Static head in feet of head or psig (kPa). b. Pump shutoff pressure in feet of head or psig (kPa). l'\ •+f Revised 11/24/10 Contract No. 4030 Page 141 of 143 c. Actual impeller size in inches (mm). d. Full-open flow rate in gpm (Us). e. Full-open pressure in feet of head or psig (kPa). f. Final discharge pressure in feet of head or psig (kPa). g. Final suction pressure in feet of head or psig (kPa). h. Final total pressure in feet of head or psig (kPa). i. Final water flow rate in gpm (Us). j. Voltage at each connection. k. Amperage for each phase. G. Instrument Calibration Reports: 1. Report Data: a. Instrument type and make. b. Serial number. c. Application. d. Dates of use. e. Dates of calibration. f. H. Owner shall randomly select measurements, documented in the final report, to be rechecked. Rechecking shall be limited to either 10 percent of the total measurements recorded or the extent of measurements that can be accomplished in a normal 8-hour business day. I. If rechecks yield measurements that differ from the measurements documented in the final report by more than the tolerances allowed, the measurements shall be noted as "FAILED." J. If the number of "FAILED" measurements is greater than 10 percent of the total measurements checked during the final inspection, the testing and balancing shall be considered incomplete and shall be rejected. 3.18 VERIFICATION OF TAB REPORT A. The TAB specialist's test and balance engineer shall conduct the inspection in the presence of Owner. B. If TAB work fails, proceed as follows: 1. TAB specialists shall recheck all measurements and make adjustments. Revise the final report and balancing device settings to include all changes; resubmit the final report and request a second final inspection. 2. If the second final inspection also fails, Owner may contract the services of another TAB specialist to complete TAB work according to the Contract Documents and deduct the cost of the services from the original TAB specialist's final payment. 3. If the second verification also fails, Owner may contact AABC Headquarters regarding the AABC National Performance Guaranty. C. Prepare test and inspection reports. 3.19 ADDITIONAL TESTS A. Within 90 days of completing TAB, perform additional TAB to verify that balanced {'\ •,; Revised 11/24/10 Contract No. 4030 Page 142 of 143 conditions are being maintained throughout and to correct unusual conditions. B. Seasonal Periods: If initial TAB procedures were not performed during near-peak summer and winter conditions, perform additional TAB during near-peak summer and winter conditions. END OF SECTION 230593 l'\ •+;' Revised 11/24/10 Contract No. 4030 Page 143 of 143