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C-5277 - Central Library HVAC System Upgrades
CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC November 12. 2014 Western Allied Corporation Attn: Howell L. Poe 12046 E. Florence Avenue Santa Fe Springs, CA 90670 Subject: Central Library HVAC System Upgrades — C-5277 Dear Mr. Poe: On November 12, 2013 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on November 19, 2013. Reference No. 2013000635765. The Surety for the contract is Arch Insurance Company and the bond number is SU1112976. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure. 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov EXHIBIT C CITY OF NEWPORT BEACH BOND NO. SU1112976 FAITHFUL PERFORMANCE BOND The premium charges on this Bond Is $ 4,229.00 being at the rate of $ 17.00 per thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to WESTERN ALLIED CORPORATION hereinafter designated as the "Principal," a contract for the work necessary for the completion of the base contract consists of replacing the existing HAVC controller system with an open protocol LON system; cleaning the existing ducts; pressure testing and repairing the existing system; replacing air control dampers; system balancing; and re -commissioning the system; in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or Is about to execute the Contract and the terms thereof require the furnishing of a • Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Arch Insurance Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Forty Eight Thousand Seven Hundred Forty One ($248,741.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, 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 present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the WESTERN ALLIED CORPORATION Page event City is required to bring an action in law or equity. against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in anyway affect its obligations on this Bond, and It does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 30th day of May ,2013 Western Allied Corporation Name of Contractor (Principal) Arch Insurance Company Name of Surety 865 South Figueroa Street, Suite 2700 Los Angeles, CA 90017 Address of Surety 213-283-3513 Telephone Brenda Wong, Attorney -in -Fact Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BEA TrACHED WESTERN ALLIED Page ACKNOWLEDGMENT State of California County of I -®.S J/65gg F5 ? ss. On 20-Z--5 before me _ Notary Public, personally appeared proved to me on the basis f satisfactory evidence to be the rso who pe n(.a) whose nameW islam subscribed to the within Instrument and acknowledged to me that helske#A" executed the same in his/berAheir authorized capacityVeej; and that by his/lq&Aheir signaturesM on the instrument the person(e), or the entity upon behalf of which the personl;* 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. 11 WITNESS my hand and official seal. 1 11111141/1111110//11111001111010111/1101111 r www JEANETTE BENSON i � COMM. #1852763 � � �� NOTARY AUBLIC -CALIFORNIA � LOS ANGELES COUNTY iNOH INI ON011/0/0/101/0/1 111 N 111 0 0 01/011 (seal) ACKNOWLEDGMENT ***SEE ATTACHED CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT- State CKNOWLEDGMENT- State of California County of }ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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 signatures(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 WESTERN ALLIED CORPORATION (seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles AWAY 3 0 2013 On before me, Natalie K. Trofimoff, Notary Public, personally appeared Brenda Wong who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is/are-subscribed to the within instrument and acknowledged to me that 4;e/she/ executed the same in 4i-,/her/4L4 authorized capacity4es), and that by 4is/her/tlaei-signature(&) on the instrument the person(&), or the entity upon behalf of which the person(-,) 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. (seal) Signature i�ja �Irifi --------- Natalie K. Trofimoff, of r Public NATALIE KTROFIMOFF] a.. Commission No. 1957481 2 U '��>� NOTARY PUBLIC -CALIFORNIA % 2 �+�� LOS ANGELES COUNTY w, My Comm. Expires OCTOBER 22, 2015 IlluIIIFII � III'�Illr I I I II(�I 1 p17, �i 4 "Ili ,'IIII w,l l l r G tau I ^c,,ll AIC 0000027076 _SIS POWER OFAT7 RI Y/ll l,ll q ALID UNLESS IT IS ERI�D Ohl BACKGROUND '� c i �I a II� SII I i) i , i!!W T w o 'orney limits th sss fi � e herein, and theaav���ut�il i bind the Compfi s �e manner and to the extent herein s III telI lot valid for Mortgage, Note,.-oan, Letter of Credit Bank Deposit�urrency Rate, Interest Rate or Residential Value Guarantees. OF ATTR ti .I l� V �II IN li, IIT — -I p` l i 1� �IIG""I�_ did Kna>�i�ll persons By These Presence lid _ — That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrahve.office in Jersey City, New Jersey (hereiglell lur referred to as the Company) doeahereby appoint -- r• T�tlllI:r �' i'I Ill's _— BE ;_ n8r F. Javier, Je'IlnsrI'P�a�iflll7lM''. Trofimoff, PaTr�i�'FSTavrr V. CunninghamcEEos Arge-ies -_ C hi liiun Ili r11111 ,1' IIntl �i its true and lawful Attorney(s)in-Fact, to make execute seal, and deliver from the date of Issuance of this power for and on its behalf as IIe�I an met and deed: iII � r a MMKndertakings, re i� nffiof urety obligation ) (h �d I"s '>fceeding 1�47NI Million Dollars ($90.000A00.6$ fllm,lhll °tlr' I" This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of aujilgIritigaiii forth herein. p il w Y yn,�WIL MMM t r ch bonds, un IIllll,ua" v ilk other sur h ice of these p �rct h t 6fl as�'F =+- -'bi uptsn the said Company all intents and moosN--as "We -same had been 3�d liffilid� acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company ori- tea 011 true andLec I®fit are hereinafter se� ^�F °7 � � y certified tom t u i -- S`Kre W- full force and � VII IIII !I I, ua Ili I I .'I � II li III I II��I16° til �l�dmil,l,P, @I&I,I� it lei _ VOTED, That the Chairman of the BI the President, or the Executive Vice President, or any Senior Vice Preside , of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of o t e lm I�I%ij�,„ Ildl t`nji the seal of the Corona err Is undertakings recogmzau_ Tan - _att tre> on behalf of the V r ins obligato �„ t I, u t «s'RI f a11,,llany such ofBcars nMr�trt appoint ageriLs fo p[a�nr & ._ _ r I p II 16f6fII rl ire I l4 is - llkh �ll� IIVI oV This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15, 2011: Iwmu II 'Ill l'li �/ 1th Tl ffig s�nature of the abWa bEEO? President, o t e1 a °tjl rn j je ent, or any Senior is t� , � dFthe='�r ��N�fiess Division t p s e jnated in writ% 'A ,' l i�j l�I �cretary, and - li ul u q II I. S�tary,e seal of the Companyd oercahans�the Secretary, ma � a d b csimile on any power _ ori bi executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. ml..� (IIII II� I�, I11�y qyyy u V III +� Ii Iq , Ili lliClll I�I �'' ryIMOlsll m 999 I'a 9� luwtll OOMLOO13 00 03 03 Page 1 of 2 ` Printed In U.S.A. 1 .III r� t � - - IIII IIII II+ Ilnlll I I� it I��� k� l„utl ilY _ _ IIII '— I u oli% "iu inldid AIC 0000027070 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 29th day of November, 2011. , Attested and Certified Arch Insurance Company t��anc°E�°qy4 artin J. NilsW, Secretary David M. in a stein, Executive Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Kathleen Marcinkus, a Notary Public, do hereby certify that Martin J. Nilsen and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. CaOfAtAGtiYYi Pp8NH5 YAWA N07RRV1! SF,AL KATtIlFJ71itARftOaPpU18,M+aryPub1c Cilypf PAtmtlalpNla. Ptah. Chun `/f Kat leen Marcinkus, Notfiry Public My commission expires 3/14/2014 CERTIFICATION I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated November 29. 2011 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full -force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY. WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this day of MAY 0 ardn J. Nils n, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance — Surety Division 3 Parkway, Suite 1500 Philadelphia, PA 19102 wxromTt SFAI ctrl OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A. CITY OF NEWPORT BEACH CITY CLERK'S OFFICE Leilani I. Brown, MMC January 28, 2014 Western Allied Corporation Attn: Howell L. Poe 12046 E. Florence Avenue Santa Fe Springs, CA 90670 Subject: Central Library HVAC System Upgrades - C-5277 Dear Mr. Poe: On November 12, 2013 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on November 19, 2013, Reference No, 2013000635765. The Surety for the bond is Arch Insurance Company and the bond number is SU1112976. Enclosed is the Labor & Materials Payment Bond. Sincerely, t Leil I. Brown, MC City Clerk Enclosure 140 Civic Center Drive . Post Office Box 1768 • Newport Beach, California 9265€3-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachea.gov EXHIBIT 8 CITY OF NEWPORT BEACH BOND NO. SU 1112978 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to WESTERN ALLIED CORPORATION hereinafter designated as the "Principal," a contract for the work necessary for the completion of the base contract consists of replacing the existing HAVC controller system with an open protocol LON system; cleaning the existing ducts; pressure testing and repairing the existing system; replacing air control dampers; system balancing; and re -commissioning the system; In the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, 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 the undersigned Principal, and, Arch Insurance Company dulyauthorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Forty Eight Thousand Seven Hundred Forty One ($248,741.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; 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 present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery 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, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, In an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of Califomia. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as WESTERN ALLIED CORPORATION Page B-1 required by and in accordance with the provisions of Sections 3247 at seq. of the Civil Code of the State of Cal'domia. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond, IN WITNESS WHEREOF, this instrument has been duly executed by th,S above named Principal and Surety, on the 30th day of May , 20� Westem Allied Corporation Name of Contractor (Principal) Arch insurance Company Name of Surety 885 South Figueroa Street, Suite 2700 Los Angeles, CA 90017 Address of Surety 213-283-3513 Telephone Brenda Wong, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED WESTERN ALLIED CORPORATION Page B-2 ACKNOWLEDGMENT State of California County of LOS IAN6iELE5 } ss. On U 3 2013 before me, Notary Public, personalty appeared MOW L who proved to me on the basis of satisfactory evidence to be the person(e) whose name(&) Ware subscribed to the within instrument and acknowledged to me that helshe/fey executed the some in his&erltheir authorized capacity(/&&), and that by hishher44eff signaturesW on the instrument the person(s)), or the entity upon behalf of which the person¢&) 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. JEANETTE BENSON S WITNESS my hand and official seal a COMM. #1852763 3 NOTARY PUBLIC • CALIFORNIA Q LOS ANGELES COUNTY + My Commisslon Expires June 7, 2013 iat#/tetttttt#itHH#atitttHt+tttNiiat#N+t gnature (seat) ACKNOWLEDGMENT "SEE ATTACHED CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT".. State of California County of ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose names) istare subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capecity(ies), and that by his/her/their signatures(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 WESTERN ALLIED CORPORATION (seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On MAY 3 0 7093 before me, Natalie K. Trofimoff, Notary Public, personally appeared Brenda Wong who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/a*e-subscribed to the within instrument and acknowledged to me that be/she/they executed the same in 4i6/her/the4 authorized capacity0e4, and that by his/her/theiF-signature(&) or the instrument the person(&), or the entity upon behalf of which the person(&) 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. (seal) Si nature NAT 1,I , K. TROFIMOFF Commission No. 1957481 n NOTARY PUBLIC-GALIPORNIA Z C:: i LOS ANGELES COUNTY \_�... }[ n•. o. My Comm. Expires OCTOBER 22. 2015 } � � �_ pp hh III (�l II IIII I "r4 'ujjtl =. � � _ IPYI11��lI�l°I��i�l�l�Ilkntlhl�l�l�ld �yillrr ii,iilNFnI,IIiI^SII — — - -- AIC 0000027075 —z"S POWER OFAied ORi I L1D UNLESS lT /S PJ2lAfIED BACKGROUND - _ Vey limitsth manner and to the extentherel. of valid for Mortgage, Note,�an,Ttter of Credit, Bank Deposi , urrency Rate, Interest Rate or Residential Value Guarantees. li 1 OF ATT f"'� �Ii lel i. — — I "' m IIj IUn ,— '� Krell Persons By These Presence That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal appoint tlelr referred to as the Company) does hereby l —r F. Javier, Je New Jersey (herein�tt administrative o roe n Jersey City, "' li�l IIII �i„i� i�ilr I'I Iilllhl�3 d q s 'r I�III tl� l Ilk Trofimoff, Pad vAZIH r V. Cunnmgh L ftdfesf CCF#loll'ul' IIII®lp III uIIV its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as —sura14,arWgJQRt and deed: - r 14,NJ�ryI 'IIID ^r, - ���5� % a za�ndertakin s, re� �turetyobligatlonlalceeding RimililiNWINAIllion Dollars ($90.000.000.( =_ This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authprset forth herein.p I -. fl ISI I _ IJII - —t61 I'I IFI'�ylllr''� Illi IIII Ilgl 5- WIS aw—UTHilrMI bands, uno ft and other sureliyl b _ice of these p1hilIM&LIWIel bid uort TRY said Company 121pilylh amply Il all intents and j!W959l e same had been dt -exeo�ed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company -]r4 — f ff s%, ill R I ItIll ycert'fiiedtob. t u sig_dE --- 1, true andccrlta h are herelna e skftre full force ane llui�h' VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice Presil of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of e C a �7 the seal of the Comgarere undertakings reconizatices asrY t on behalf of + Ili - 1 h lti J p l - -- ins obli oto i.� ll tr j, tl'�,IN1141,51VI h( el F any such offr s appoint agen fo NISI I I� hlr Ipp�I III- ��e�' I I I�Iilli�' �ICeiu I h 1m 111 _ _ This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15, 2011: IRRI,. F_�T fa%nature of the--Qhalfat€ eM President, o rt e tiW ✓3� relent, or any Sastor g- mu t � c�,ihe,"�-ut riess Division, mated in wnitr Ir�4�e�, i ',I0oretary, and t rf - �S�cry,eal of the Company atio�r sthe Secretary, ma II �' a ra$dd' y c eon any power ori 6irrsd executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. �f v ” IIII hE,I I'7II�' ISI IIj 'lillwlll 'l�ltl �I'I�i Niel lhll�ll IIII a �Imw�l R4 lulb" OOMLOO13 0003 03 Page 1 of 2 11 -ill �'I' II �illlll�y I �11�II 3 = 19 II�II� 4'Iy IIaIIIS� c,- g�R;-RM A64 Mlv �`ofl rr,��J — Illlwul Printed in U.S.A. ttttt t In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 29t day of November, 20J1. Attested and Certified Z _ W"" SM (Martin J. Nil ems, Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS Arch Insurance Company DavidM. m a stein, Executive Vice President 1, Kathleen Marcinkus, a Notary Public, do hereby certify that Martin J. Nilsen and David M, Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. . r wt k NOTARIAL SFA( K4Tk8:EEN MARMIX1.IS, NdxpAu Utc f Graf t fA 4e✓ rttr�ra Kathleen Marcinkus, Not Public My commission expires 3114/2014 CERTIFICATION 1, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated November 29. 2011 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and 1 do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of.the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this day of _ MR# 4 n �. arhn J. Nils n, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance — Surety Division 3 Parkway, Suite 1300 Philadelphia, PA 18102 clAnAwt SM itn 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. RECORDING REQUESTED BY AND WHEN RECORDED RIVO"+l 'q: 10 City Clerk OFFICE OF City of Newport Beach TH_ CITY jC�LER f� 100 Civic Center Driver'ITY 1-1 '- Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II III III II II II��II II II ��� I II!. II NO FEE *$ R 0 0 0 6 3 3 3 4 8 7$ 2013000635765 12:11 pm 11119113 47 422 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Western Allied Corporation of Santa Fe Springs, CA, as Contractor, entered into a Contract on May 28, 2013. Said Contract set forth certain improvements, as follows: Central Library HVAC System Upgrades (C-5277) Work on said Contract was completed, and was found to be acceptable on November 12, 2013, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Arch Insurance Company. Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. *V"UMbOr IExecuted on 0�J�, at Newport Beach, California. FOOL November 13, 2013 Orange County Recorder P.Q. Box 238 Santa Ana, CA 92702 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Lellani L Brown, MMC RE: Notice of Completion for the following project: * Central Library HVAC System Upgrades (Contract No. 5277) Please record the enclosed document and return to the City Clerk's Office. Thank you. r Leilani I. Brown, MMC City Clerk Enclosure Post Office Box 1768 � Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Western Allied Corporation of Santa Fe Springs, CA, as Contractor, entered into a Contract on May 28, 2013. Said Contract set forth certain improvements, as follows: Central Library HVAC System Upgrades (C-5277) Work on said Contract was completed, and was found to be acceptable on November 12 2013, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Arch Insurance Company. m Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. j Executed on I U��* r J �O , at Newport Beach, California. BY 4X— - � City Clerk CITY OF NEWPORT BEACHU City Council Staff Report Agenda Item No. 9 November 12, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644-3330, dawebb@newportbeachca.gov PREPARED BY: Peter Tauscher, Associate Civil Engineer 949-644-3316, ptauscher(d)newportbeachca.gov APPROVED: A TITLE: Central Library HVAC System Upgrades — Notice of Completion and Acceptance of Contract No. 5277 On May 14, 2013, City Council awarded Contract No. 5277, Central Library HVAC Upgrades, to Western Allied Corporation, for a total contract cost of $248,741.00 plus a 15 percent allowance for contingencies. The required work is now complete and staff requests City Council acceptance and close out the contract. 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; 2. Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 3. Release the Faithful Performance Bond one year after acceptance by the City Council. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following accounts: Account Description Account Number Amount Building Excise Tax {BET} 7271-C1002021 $275.280.00, Total: $275,280.00 9 of 4 Centrad Library HVAC System Upgrades — Notice of Completion and Acceptance of Contract No. 5277 November 12, 2013 Page 2 DISCUSSION: Overall Contract Cost/Time Summary Awarded Fina} Cast at Contingency Actual 6/6 --Due to % Due to Contract Amount Completion Allowance Contract Directed Unforeseen Change Change Change $248,741.00 $275,280.00 15% or less •+•10.7% -1.4% 121% Allowed Contract Time (days) 75 Actual Time 5 Under (-) or Over (+) The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $248,741.00 Actual cost of bid items constructed: $245,141.00 Total change orders: Final contract cost: $30,139.00 $275,280.00 The work necessary for completion of this contract consisted of replacing the Central Library's former outdated HVAC controller system with a new and more energy efficient system; cleaning and pressure testing the existing system; replacing air control dampers; air balancing; sealing the existing air ducts; retro -commissioning the new HVAC controller system; and training for City Staff on operations and maintenance. The final construction contract cost was approximately 10.7 percent above the original bid amount. The actual cost of bid items constructed was less than the original bid amount due to the flexibility and efficiency of the new HVAC controller system where additional temperature sensors were not needed. Nevertheless, the old system needed repair to various components resulting in two change orders which totaled $30,139. The change orders included replacing damaged sensors, repairing insulation, replacing valves, and adding zones to the controller system for more efficient operation and energy savings. A summary of the project schedule is as follows: Estimated Completion Date per 2013 Baseline Schedule October 4 2013 Project Awarded for Construction May 14, 2013 Contract Completion Date with Approved Extensions October 18, 2013 Actual Substantial Construction Completion Date October 10, 2013 204 Central Library HVAC System Upgrades — Notice of Completion and Acceptance of Contract No. 5277 November 12, 2013 Page 3 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ("CEQA°) pursuant to Section 15302 (replacement of existing facilities involving negligible expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment.. NOTICING: This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). In addition, the City Clerk will be filing a Notice of Completion for the project as a result of this action. The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Submitted by: David A.1 Veb Public Works Director Attachment: A. Project Location Map 3 of ATTACHMENT A ,d � d 7 Q CENTRAL LIBRARY 3- w Cam Q CONST HIGHWA, NOT TO SCALE CENTRAL LIBRARY HVAC SYSTEM UPGRADES LOCATION MAP CITY OF NEWPORT BEACH DATE: 04/19/13 scALE:NTS PUBLIC WORKS DEPARTMENT DRAWN: PT C-5277 0 OFFICE OF '}TIME CITY CLERK Leilani I. Brown, MMC June 11, 2013 Western Allied Corporation Attn: Howell L. Poe, President 12046 E. Florence Avenue Santa Fe Springs, CA 90670 Re: Contract No. 5277 S Enclosed please find your executed original copy of Contract No. 5277 between Western Allied Corporation and the City of Newport Beach for the Central Library HVAC System Upgrades. If you have any questions or need additional information, please contact Administrative Analyst, Lucie Delorme at (949) 644-3394. Sincere,y, , P Oka Leilani 1. Brown, MMC City Clerk Enclosure cc: Lucie Delorme, Public Works (visa email only) Shari Rooks, Public Works (via email only) Tania Moore, Public Works (via email only) Post Office Box 1768 Newport Beach, California 92658-8915 Telephone: (949) 644-3005 Fax: (949) 644-3039 � www.city.newport-beach.ca.us CITY O dtiddk del h �@ V. Ui ytl 5�: 11"",.. 1A,M� i�,,e�,.,� ea �. i:. i�m"h u4...��?�. aar«d .. �:1�` Agenda Item No. 7 May 14, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A.Webb, Public Works Director 949-644-3311, dawebb@newoortbeachca.gov PREPARED BY: Peter Tauscher, Associate Civil Engineer 949-644-3316, ptaucherCa?newportbeachga.gov APPROVED: V v TITLE: Central Library HVAC System Upgrades — Award of Contract No. 5277 ABSTRACT: Staff received construction bids for the Central Library HVAC System Upgrades project and is requesting City Council's approval to award the contract to Western Allied Corporation. RECOMMENDATIONS: 1. Approve the project drawings and specifications. 2. Award Contract No. 5277 to Western Allied Corporation (Western Allied) for the total bid price of $248,741.00 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish a contingency of $38,009.00, approximately 15 percent, to cover the cost of unforeseen work. FUNDING REQUIREMENTS: Sufficient funds are available as follows: Account Description Building Excise Tax (BET) Proposed uses are as follows: Vendor Western Allied Corporation Western Allied Corporation Account Number 7271-C1002021 Total: Purpose Construction Contract Construction Contingency Total: Amount $ 286,750.00 $ 286,750.00 Amount $ 248,741.00 38,0_09.00 $ 286,750.00 9 of 3 Central Ljbtviry HVAC :Iysami Upgr,We-1, , Aviord of Cuntiact Nu. 5277 May 14, 2013 Page 2 D V,,'i 0� � J 3 S 10 N: The project consists of replacing the Central Library's existing HVAC controller system with a more energy efficient system: cleaning and pressure testing the existing system; replacing all - control dampers; air balancing; and re -commissioning the contract specified HVAC controller system, and technical training for City staff. At 10:00 a.m. on April 16, 2013, the City Clerk opened and read the following bids for the Central Library HVAC System Upgrades project: BIDDER Low Western Allied 2 Scorpio Enterprise dba Airmasters AC 3 F.M. Thomas Air Conditioning, Inc. TOTAL BID AMOUNT $248,741.00 $295,462.00 $296,213.002 'Bid as read $295,464.00 2Bid as read $297,413.00 The low bidder, Western Allied, possesses a California State Contractors License Classification "C- 20", as required by the project specifications. A check of Western Allied's references indicates satisfactory completion of similar projects for other public agencies, Western Allied's total bid amount of $248,741.00 is approximately 27 percent below the Engineer's Estimate of $340,000.00. Pursuant to the contract specifications, the contractor will have 65 consecutive working days to complete the work. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA) pursuant to Section 15302 (replacement of existing facilities involving negligible expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the itern). The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Submitted by. DIvic A. Webb Public Works Director, /Viachment: A. Location Map ATTAC,HMI-N f A COAST HIGHK/Ay j$ NOT TO SCALE : ZERO .4 DOR4 1 b �N oil•a'11, LOCATION MAP DATE: 04/19/13 I SCALE: NTS DRAWN: PT CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, One Civic Center Drive, Newport Beach, CA 92660 Until 10:00 AM on the 10th day of April, 2013, at which time such bids shall be opened and read for CENTRAL LIBRARY HVAC SYSTEM UPGRADES Title of Project Contract No. 5277 $ 340,000.00 Engineer's Estimate Apor)oved by David A. W Public Works Director Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 There will be a non -mandatory pre-bid site meeting at 10:00 AM on April 3, 2013, at 1000 Avocado Avenue, Newport Beach, CA 92660 Contractor License Classification(s) required for this project: "C-20" For further information, call Peter Tauscher, P.E., Project Manager at (949) 6443316 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA.gov CLICK: Online Services/Bidding & Bid Results City of Newport Beach CENTRAL LIBRARY HVAC SYSTEM UPGRADES Contract No. 5277 TABLE OF CONTENTS NOTICE INVITING BIDS......................................................................................... Cover INSTRUCTIONS TO BIDDERS.......................................................................................3 BIDDER'S BOND............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)....................................................................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD.....................................................15 ACKNOWLEDGEMENT OF ADDENDA........................................................................17 INFORMATION REQUIRED OF BIDDER.....................................................................18 NOTICE TO SUCCESSFUL BIDDER............................................................................21 CONTRACT................................................................................................................... 22 FAITHFUL PERFORMANCE BOND.............................................................................30 LABOR AND MATERIALS PAYMENT BOND...............................................................35 PROPOSAL............................................................................................................... PR -1 SPECIAL PROVISIONS............................................................................................ SP -1 2 City of Newport Beach CENTRAL LIBRARY HVAC SYSTEM UPGRADES Contract No. 5277 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 3 In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 1 `C3,53Zt , -Zv �t c -RC1 Contractor's License No. & Classification Bidder t v' tq - Authorized Signature/Title -t5'�- 7-013 Date 4 pity of Newport each CENTRAL LIBRARYU]LAC SYSTM UPGRADES .Contract No, .6277 BIDDEEL'S BOND. W6, the undersigned. Pri clipbl. and 9�r6t - . n y. our Guccew§ars and assigns,: executors, heirs .and administrators,. agree to.'be jointly and s6veral]y held .and -firmly bound to the City. of *wport Breach, a charter 6ty, in the principal,gurn of. 'Ten Percent of the gid Amount Dollars ($10% of the Bid Amount) . to bQ ]acrid and forfeited. to the City if. of Newport Beach the: bid` proposal of the underslQned Principal for thb. can6truction of CENTRAL LIBRARY HVAC SYSTEM UPGRADES, Contract. No:: 6277 in the City of Newport Beach, is acceptedoby the City Council of theqity.;ofebb and'the �roposed contract Ne'wport Beebb Is. awarded to the Principal and the Principal'CojjjrPr -nts in the fails to executethe t. bocurne form(s) prescribed,, it the required bonds, and originW Insurance certificates and endomements forihe constrUctiOn of the project within thirty after the date:of the .maillng ot "'Notification of Award'",oth' - . (S.P) calendar days; erwilse, this Obligatio' shall become ecome null And void. it: the underslgned Principal executing, thi's- Dond is exqcUtiho this Bond os•an in . d .1v[dual, It is -agreed th.st: the death of any such Principalnot exonerate the Surety' fro . m Its obligations under this Sond. ' Witness ourNfidsthis 12th Western Allied Corporation Name of Contmotor (Principal). Arch Insurance Company Nat -vie of Surety, 865 S, Figueroa St., 27th Floor Los Angeles, CA 90017 Address of &Tety 213-283-3513 I Anril Brenda Wong, Attorney -in -Fact Pejot* Name: pindl-itlo (Notary ack-nowledument. of.PrIncIL3al & S:UretV hiustba attached) r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 464/t. /6 09013 before me, Jeanette Benson, Notary Public Dale Here Insert Name and Title of the Officer personally appeared Howell L. Poe, Jr. 1111111111♦11/////x1/////1111111111111111111 JEANETTE BENSON 4 0 COMM. #1852763 2 �� NOTARY PUBLIC • CALIFORNIA 2LOS ANGELES COUNTY �+ My Commission Expires June 7, 2013 1 5111/111111/11111//11//1/1/1/11/111/1111/1111 Name(s) of who proved to me on the basis of satisfactory evidence to be the persono whose name(e) is/tee subscribed to the within instrument and acknowledged to me that he/_%4e/1;14ey executed the same in his/taet/tbeir authorized capacity(4es), and that by his44e l4w.* signature(.&) on the instrument the person(ej, or the entity upon behalf of which the person(a) 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: Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached D current Title or Type of Document: S Z&V4 Document Date: f1PR/�- �o?, o�t��.3 Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Sign (s) Signer's Name: 1204, �. tl Corporate Officer — Title(s)! ES/O'!VY ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2008 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402- www.NationalNotary.org Item 1f5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On APR 12 2013 before me, Natalie K. Trofimoff, Notary Public, personally appeared Brenda Wong who proved to me on the basis of satisfactory evidence to be the person(,,) whose name(&) is/are-subscribed to the within instrument and acknowledged to me that fie/she/they executed the same in 4+s/her/th-E* authorized capacity{+es}, and that by 4+s/her/their signature(&) on the instrument the person(-,), or the entity upon behalf of which the person(-,) 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. i 1 (seal) Signature Natalie K. Trofimoff, No a y Public NATALI OFIMOFF Commissiono. 19574812 NOTARY PUBLIC -CALIFORNIA LOS ANGELES COUNTY My Comm. Expires OCTOBER 22, 2015 AIC 0000027070 CHIS POWER OF ATTORNEY IS NOT VALID UNLESS ITIS PRINTED ON SWE BACKGROUND. This Pow�orney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for Mortgage, Note, Loan, Letter of Credit, Bank Deposit, Currency Rate, Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative -office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint: Bre_ndb Wong, Cesar F. Javier, Jeffrey Strassner, Natalie K. Trofimoff, Patricia Talavera and Tenzer V. Cunningham of Los Angeles, CfiqEACHr its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Ninety Million Dollars ($90,000,000.00). This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of author set forth herein. The; execution o�h bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as bindtWupon the said Company as fully and amply to all intents and purposespids if=the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15, 2011: VOTED, -That the signature of the2hairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary the sial of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00iv! LOO 13 00 03 03 Page 1 of 2 Printed in U.S.A. F-IrerfrINTIT43W0 no In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 29m day of November, 2011. Attested and Certified //444- -- artin J. filflsOK, Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS Arch Insurance Company r^ uA f„x36sE ? � 1917 ,,_ David M. Fin e stein, Execufive Vico President 1, Kathleen Marcinkus, a Notary Public, do hereby certify that Martin J. Nilsen and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. COMMORWWALTH OrP£N WAAMA NOTARIAi SEat. KATILEEM 3IARGtMKt $, N ryPMbllo ony0fPI ! 4 M.0 Mn Kathleen Marcinkus,Not Public My commission expires 3/14/2014 CERTIFICATION 1, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated November 29 2011 on behalf of the person{s} as fisted above is a true and correct copy and that the same has been In full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, € have hereunto subscribed my name and affixed the corporate seat of the Arch Insurance Company on this day of ADD.7_R 12 209 .20 to- W�rfln J. Nlis n, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except In the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance — Surety Division 3 Parkway, Suite 1500 Philadelphia, PA 19102 (ZHFI Tf sm AM OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A. City of Newport Beach CENTRAL LIBRARY HVAC SYSTEM UPGRADES Contract No. 5277 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Number Description of Work °�° of Total Bid Name: �I NTT C- '2L c: L.E ,q N C3CTel1�-j t (� `, Address: t (j SA"N F&CA J;41JDo PD. a �uG + L65 Atj6,ccj5,Sl CA `inc�G Phone: Cazp 22.5--4v a, X, t 2 Z4 - State License Number: 915 46 1110 State Name: IN OEPeiui9EN 4ZP_cvA6>i1 'r/JC., � PC P FO R IN 5 Y57-i5fiq Address: i i d `t6 TAC.4k&j vA1�lfE 5 0, Y PR�55 u �r LEAS TE,5r 14, _107420" QX_TE � HSPEC=.A, cA'17.34S IIvAc 5VV r6M T1�5r_k Phone: (766)L7q `(—J'q 7Z_ 4Dsu$1rrxJ6, X A 'u State License Number: g45 4ef Z -841-- ANC --P-)6' Name: JzEG.LEk ZN`')igLL. ��'PYti�t�N �flah, Address: ! l•l t �'ANCwv GvN�Se� dLI/b it 20 t, Neall RM k Y Prot -K) C_ `] t3 Lc� Phone: L8t0-+,icl State License Number: -4 C,7 [ 32 Bader 4-LL Authorized Signature/Title City of Newport Beach CENTRAL LIBRARY HVAC SYSTEM UPGRADES Contract No. 5277 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!I Please print or type. Bidders Name ',V,55 i CiJ�tN AIL ._T ED ce)kP6 A T-.z�e-�jv FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $ 5,Ouu, provide the following information: No. 1 Project Name/Number L4 LZ r-QkfJ_UPOLY ?-&C/-M-, C r✓l,U,. IIZ1 e6S7 1 Of' POMO& fj- Project Description G N L PL,4NT GCSN �'t�L5 f,E'pEv�,�I6�j'y/ t�1C Approximate Construction Dates: From /Z A1 Z 01 3 To: Pk 6567/) f"J�Yp✓} Agency Name BS a P 6 k N 62 EN67_r-_N66 'e / c�OJ � Contact Person Telephone ('/& <:?617 — f 93 ] 1y J Original Contract Amount $ 000 Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 01 No. 2 Project Name/Number Project Description VI VAC: SYSiEvLI �'c��VOU T c=tl YL3�Q }��u�.¢rGLfurfL. 3�ltLat�cr� Approximate Construction Dates: From V27o: To: 3 ©�Z� Agency Name B AY LY -y P 1,-7 Contact Person I --r5 Telephone (ilq) 5 !¢LO"-- 9!9 r`," Original Contract Amount $l6�A'� Final Contract Amount $ 1601000 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. hi0 i �J0 No. 3 _ Project Name/Number S � DDL E13;A�k- C_01-4-66 ff- Project Description Approximate Construction Dates: From, /_ SZ?61 G To: 7 ��2- cyl -z— Agency Agency Name f314"1 V C0N!5TR UCIT�ra/V Contact Person IOM DaTe_lf6/Z Telephone (714) � 4-O - Original Contract Amount $ /6000.06''Final Contract Amount $ 1 GO 00 . 0 0 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. /Voz/J0 10 No. 4 Project Name/Number 1--,)S JN el -bb T RAD& i",EC 14 (IOL L667ZE Project Description uF Approximate Construction Dates: From vt 2 To: PA65 r1J 7` .. Agency Name L tt`a Contact Person VX N) C_6 114 1-i Telephone (7iq) 6'72.-6000 o�:> Original Contract Amount $ ' 237oGc'Final Contract Amount $ `Z 06e). �� If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO "D No. 5 Project Name/Number LA C r 5c-j.6oc_,E L,4B iv1-14 Ftcwit Project Description D S16tN D U Z 4 0 Z. f, FOA 5C L,61Ue-,C Approximate Construction Dates: From 0710(1Z01-2- To:0713 01Z_ a! 7— Agency Name Contact Person PC'TEIZt 1J(1,CRA10A Telephone (71t) Original Contract Amount $97 600 Final Contract Amount $ 610 600, 0 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. &) 0/'&.10 11 No. 6 Project Name/Number fY1L,)&2 r 6713CZ_L pt-rce Wplflf�TI#CVj— Project Description M OPTHLY A(A'1V76t_J ^JCS P l:2EM6 ON awc 6itETma Approximate Construction Dates: From of Q i ZD To: 17-Z'3 i /Z0 t Agency Name _ fAcr LT rS &_� AfAN AF,k FO CSTi bF itteNT6ia�J,LV Contact Person ROM Pi451_A0f0A) r,67 Telephone (3z3) 6S —7•-1�f f� Original Contract Amount $6O�Final Contract Amount $ 0 o If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Nb, N 4,y Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. t06 (L!; -X0 41',c, (rT Co Bidder 12 (VAI - 4 - 4_y� - Authorized Signature/Title vn No. 4 Project Name/Number ECIC Co!-LE.'E Project Description HIMj�Eh1G f; G t -t OF 14i iL P" 3t(I Lt7 �� 5 Approximate Construction Dates: From �(� of 2 To:P7�it t Agency Name K P KS Contact Person_ V_Y"tNGE 94k0&1:C 1-1 Telephone(lq) 6i2-06'00 237a Cc,�c> Original Contract Amount $ ' Final Contract Amount $ '2-3-7,0661 bo If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number LACX 5cT6A?C-E L.49s (t7t Project Description U61 -6)L) r3k'i=L 0 7-, L FM5c :E; CW -E Approximate Construction Dates: From 07 p 7-01 Z.- To: C>V 3LV Z- yl 7 - Agency Agency Name _ ls� PR `S Contact Person M-TEK L-LVCRltiioAF Telephone (714) Original Contract Amount,$b V Final Contract Amount $ `�� F t fi, O o If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. &)b SO 11 City of Newport Beach CENTRAL LIBRARY HVAC SYSTEM UPGRADES Contract No. 5277 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County ofn— / being first duly sworn, deposes and says that he or she is of (AI XM ZULI EV Cjffihe party making the foregoing id; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. � I d�eclare under err ppe�nalty o/ff perjury of the laws of the State of California that the foregoing is true and correct. W Ai , A - v Bidder Authorized Signature/Title Subscribed and sworn to (or affirmed) before me on this S day of 2013 by �EA/VE7TE (/1��0/V, NOTA,�C'Y�Uf�UC proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 111111111111111111111111111111111111111111111 i:��EA , JEANETTE BENSON i Public p COMM. #1852763 [SEAL] NOTARY PUBLIC - CALIFORNIA / c LOS ANGELES COUNTY -� My Commission Expires June 7, 2013 / My Commission Expires. �/UivE pc0/3 13 City of Newport Beach CENTRAL LIBRARY HVAC SYSTEM UPGRADES Contract No. 5277 DESIGNATION OF SURETIES Bidders name V+� � �'N 4&A90 Al Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): S-alexrY 412eol 6,eu/r (113) /�✓c'o��i �c - RI'X12S1a /1l.r,< /- T,�d1-41f G'u44111416 /- , <.21..3> .- 5 7 z � AlW L S,i5xv12 (Ile) S&dam- 76 - �P /45� AV&,C-"r C,., y�6Vs 14 City of Newport Beach CENTRAL LIBRARY HVAC SYSTEM UPGRADES Contract No. 5277 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders NameS`i�G.'������T�� Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Surnmary--Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2012 2011 2010 2009 2008 Total 201 No. of contracts l7 •� Fq3 ( 5'5%W Total dollar Amount of Contracts (in Thousands Thousands of $) / WOC> �ar� c7 �OC�ta 3',Qty0 3�;v©ca ljd�,a 1-6 No. of fatalities 4&-. �y Fr 4!91 - No. of lost Workday Cases �f —7 �f 1 / No. of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Surnmary--Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder Wt s'Z9,e t) ALl « L°t,RPa i i�� Business Address: Avg, Sf3,� F,�SP2�,��. s' c4 7o -Ob Business Tel. No.: Y/-� State Contractor's License No. and Classification: e36 C Pilo Title 0 a0,/? The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title P2E.5�t D5 ti -7- . A 1+- lS-- 2-013 7 Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious" name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. (NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 16 City of Newport Beach CENTRAL LIBRARY HVAC SYSTEM UPGRADES Contract No. 5277 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. M Current Record Record Record Record Record Year of for for for for for Record 2012 2011 2010 2009 2008 Total 2013 Na of contracts7 g3 �g dot lt` j 22S�r y Total dollar Amount of Contracts (in Thousandso_f$) 1,0ova No. of fatalities No. of lost Workday Cases No. of lost workday cases involving permanent transfer to another job or termination of -fir employment / The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. M CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LZS &aOLLi A On before me, /'r 1 1 f�1 %� G Datea Inse N me and Title Qf the n,.cer personally appeared � R Name(s) of Sioner(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 ANNA M. ALTiZER person(s) acted, executed the instrument. Commission #t 1849093 @My Notary Public - California I certify under PENALTY OF PERJURY under the Los Angeles County laws of the State of California that the foregoingComm. Ex fires May - 2- paragraph is true and correct. WITNESS my han(d and offi Signatwfe Place Notary Seal and/or Stamp Above OPTIONAL Sig ature of Notary P lic Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb her Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual • ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of i Anadw I On. before me, 1- l� V�/i+ ✓P//(C Dat /j' n- /, Here Insert Na and T le of the Officer personally appeared �' ` 9l�l 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 ANNA M. ALTIZER person(s), or the entity upon behalf of which the Commission # 1849093 person(s) acted, executed the instrument. Z 4 Notary Public - California" alifornia z Z Los Angeles County ' I certify under PENALTY OF PERJURY under the M Comm. Ex ires Ma Y14,20131 laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal and/or Stamp Above WITNE Signati OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual • ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02008 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 City of Newport Beach CENTRAL LIBRARY HVAC SYSTEM UPGRADES Contract No. 5277 ACKNOWLEDGEMENT OF ADDENDA Bidders name WE-STi5atJ AL 1-IfD CC,AR The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 17 City of Newport Beach CENTRAL LIBRARY HVAC SYSTEM UPGRADES Contract No. 5277 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: .46614'.'a Business Address: 1-20-11k Telephone and Fax Number: LS64 741Y43411 California State Contractor's License No. and Class: _� YhP2- C (REQUIRED AT TIME OF AWARD) Original Date Issued: Expiration Date -_-T/,3 List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: MAT AtJSAR.L The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone X/0 /-//f- Corporation -/k Corporation organized under the laws of the State of im The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: f, llG'6N �z All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; 1Vd" Briefly summarize the parties' claims and defenses; GUd 2 /4� eD Have you ever had a contract terminated by the owner/agency? If so, explain. A/0 Have you ever failed to complete a p�ro,.ect? If so, explain. Vd/ For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)?Yes / No 19 Are any claims or actions unresolved or outstanding? Yes / 6) If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. f- j c ° .WESTERN At-&-yeD c.&k-P, Bidder (Print name of Owner or President of Corporation/Company), 1p"I'li ( - 'fG Authorized Signa ure/Title Title ��lf7�ZUl� Date ' On fOA'/L befoJJ� me-m� (/�NET7Z �7 SCW Notary Public, personally appeared /E!1_ ,L. • / 0�. vac'. who proved to me on the basis of satisfactory evidence to be the person(&} whose name(e) is/are subscribed to the within instrument and acknowledged to me that heh%he/ executed the same in his/Aer/lh& authorized capacityks), and that by hisCber/ v-* signature(.&) on the instrument the person(.o, or the entity upon behalf of which the person*) 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. 111111111111111111111111111111/11111111111111 L:2,w�,i JEANETTE BENSON COMM. #1852763 (SEAL) i NOTARY PUBLIC - CALIFORNIA tary Public in and for said State 2 LOS ANGELES COUNTY 0 My Commission Expires June 7, 2013 1 211111//111/111/111/1111/1//1/111///11/1/1/11 My Commission Expires:E 20 WESTERN ALLIED CORPORATION TECHNICAL ABILITY FOR CARRIER COMFORT CONTROLS, (CCN) MEDIA STUDIOS, INSTALLED CCN CONTROLS FOR (2) BUILDINGS 2255 ONTARIO ST, BURBANK, CA: 5 STORY BUILDING WITH CENTRAL PLANT & VAV' S 2233 ONTARIO ST, BURBANK, CA: 3 STORY BUILDING WITH CENTRAL PLANT & VAV' S CONTACT: DOUG KEEDER, (818) 563-2600 2. CITY OF ONTARIO, INSTALLED CCN CONTROLS FOR (1) BUILDING 2500 S. ARCHIBALD, ONTARIO, CA: ONTARIO POLICE DEPARTMENT CONTACT: PAT MALLOY, (909) 395-2612 3. KERLAN JOBE, INSTALLED CCN CONTROLS FOR BUILDINGS 6801 PARK PLACE, LOS ANGELES, CA: MEDICAL OFFICE BUILDING CONTACT: JOE BRAVO, (310) 670-8350 4. 5900 WILSHIRE, INSTALLED CCN CONTROLS FOR BUILDING 5900 WILSHIRE, LOS ANGELES, CA: 32 STORY BUILDING WITH CENTRAL PLANT & VAV'S CONTACT: EDGAR ROSI, (323) 692-5908 5. 2041 ROSECRANS, INSTALLED CCN CONTROLS FOR BUILDING 2041 ROSECRANS, EL SEGUNDO, CA: 3 STORY BUILDING WITH CCN CONTROLS CONTACT: JIM LANYON, (310) 640-1520 6. MORE REFERENCES OF CCN CONTROLS ARE AVAILABLE UPON REQUEST. WESTERN ALLIED CORPORATION TECHNICAL ABILITY FOR LON CONTROLS THE POINTE, INSTALLED LON CONTROLS FOR (1) BUILDINGS 2900 ALAMEDA, BURBANK, CA: 15 STORY BUILDING WITH CENTRAL PLANT & VAV'S CONTACT: MARCUS TANKSLEY, (818) 333-7000 2. CONTINENTAL PLAZA, INSTALLED LON CONTROLS FOR (3) BUILDING 2101, 2121, & 2141 ROSECRANS, EL SEGUNDO, CA: THREE 6 STORY BUILDINGS WITH CENTRAL PLANT, VAV'S, AND LIGHTING CONTACT: JIM LANYON, (310) 640-1520 3. MANHATTAN TOWERS, INSTALLED LON CONTROLS FOR (2) BUILDING 1230 & 1240 ROSECRANS, MANHATTAN BEACH, CA: TWO 6 STORY BUILDINGS WITH CENTRAL PLANT AND VAV'S CONTACT: ROBERT WENDT, (310) 725-7014 4. THE RESERVE, INSTALLED LON CONTROLS FOR BUILDING 113031 JEFERSON, LOS ANGELES, CA: LARGE BUILDING/COMPLEX WITH CENTRAL PLANT & VAV'S CONTACT: DOUG KEEDER, (818) 563-2600 5. CONTINENTAL TERRACE, INSTALLED LON CONTROLS FOR (2) BUILDING 2361 & 2381 ROSECRANS, EL SEGUNDO, CA: TWO 4 STORY BUILDINGS WITH CENTRAL PLANT, AND VAV'S CONTACT: JIM LANYON, (310) 640-1520 6. MORE REFERENCES OF LON CONTROLS ARE AVAILABLE UPON REQUEST. City of Newport Beach CENTRAL LIBRARY HVAC SYSTEM UPGRADES Contract No. 5277 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 CITY OF NEWPORT BFACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 5277 DATE: April 4, 2013 BY: City EngineerlDeputy Public Works Director TO: ALL PLANHOLDERS GENERAL Bid Opening Date and Time: The new bid opening date and time has changed and will now be Tuesday, April 16, 2013 at 10:00 AM SPECIAL PROVISIONS Section 6.7.1 is deleted and replaced with the following: 6-7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 65 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 9-3 PAYMENT 1. Item No. 2 is deleted and replaced with the following: Item No. 2 Clean Existing Ducts: Work under this Item shall include, but not be limited to, furnishing materials, tools, equipment, and labor for inspecting and cleaning the existing ducts associated with the VAC system prior to the installation of the new HVAC controller system and all other related work as required by the Contract Documents. Cleaning the system shall include the air handling coil down stream to the diffusers including VAV Boxes and associated appurtenances. VAV coil cleaning may require access points to be cutout; the Contractor shall make all repairs to access points to match existing. f:\users\pbw\shared\contracts\fy 12-13\c-5277 - central library hvac\addendum no.l.doc 2. Itern No, No. 3 is deletod and replaced with tho following Item No. 3 Duct I-eakage Test via Air Balancing: Work under this Item shall include, but not limited to, furnishing materials, tools, equipment, and labor to performance test both AHUs to full airflow output comparing values with total measured output at the diffusers and all other related work as required by the Contract Documents. A report documenting the results of the system pressure test shall be presented to the Engineer with system analysis and recommendations. 3. Item No. 5 is deleted and replaced with the following: Item No. 5 Install VAV Box Control Sensors: Work under this Item shall include, but not limited to, furnishing materials, tools, equipment, and labor to install additional temperature sensors and thermostats per the direction of the Engineer and all other related work as required by the Contract Documents. The sensors shall be installed in the library's low and the high ceiling areas providing supplementary additional control to the new system. 4. Item No. 6 is deleted and replaced with the following: Item No. 6 HVAC Controller System Testing, Adjusting, and Balancing: Work under this Item shall include, but not limited to, furnishing materials, tools, equipment, and labor to balance both air and water distribution systems. Balancing shall include, but not be limited to, air supply volume dampers/registers, return air volume dampers/registers, VAV airflow max/min, VAV hot water coils, AHU chilled water coils, chilled water pumps, hot water pumps, chiller, and determining minimum required different pressures and all other related work as required by the Contract Documents. Questions During the Site Walk on April 3, 2013: Q-1 Will VAV hot water valves need to be replaced? A-1 VAV hot water valves will be reused. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum is attached. have carefully examined this Addendum and have included full payment in my Proposal. M A��A� Bidder's Name (Please Print) Date 1/�" .. AP Authorized Signature & Title f:\users\pbw\shared\contracts\fy 12-13\c-5277 - central library hvac\addendum no.1.doc CENTRAL LIBRARY HVAC SYSTEM UPGRADES CONTRACT NO. C-5277 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 28th day of May, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and WESTERN ALLIED CORPORATION, a California corporation ("Contractor"), whose address is 12046 East Florence Avenue, Santa Fe Springs, California 90670, and is made with reference to the following: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of the Central Library HVAC system consists of replacing the existing HAVC controller system with an open protocol LON system; cleaning the existing ducts; pressure testing and repairing the existing system; replacing air control dampers; system balancing; and re -commissioning the system (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. D. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. C-5277, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Two Hundred Forty Eight Thousand Seven Hundred Forty One Dollars ($248,741.00). 3.2 This compensation includes: 3.2,1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the Work by City. 4. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 of seq.). 5. WRITTEN NOTICE 5.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third WESTERN ALLIED CORPORATION Page 2 business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 5.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Peter Tauscher, Project Manager City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 5.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Howell L. Poe WESTERN ALLIED CORPORATION 12046 E. Florence Avenue Santa Fe Springs, CA 90670 Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit A, and incorporated herein by reference. 7. RESPONSIBILITY FOR DAMAGES OR INJURY 7.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 7.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. WESTERN ALLIED CORPORATION Page 3 7.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 7.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 7.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 7.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 7.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 7.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 8. CHANGE ORDERS 8.1 This Contract may be amended or modified only by mutual written agreement of the parties. WESTERN ALLIED CORPORATION Page 4 8.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 8.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 9. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 10. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 11. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term. covenant or condition. 12. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] WESTERN ALLIED CORPORATION Page 5 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:��� By: Aaron arp �( City Attorney ATTEST: Date: 6`P-13 C By: Leilani I. Brown City Clerk Z�4'�1110-rlol r -t W's � P: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: l��f Keith D. Curry Mayor CONTRACTOR: WESTERN ALLIED CORPORATION, a California corporation Date: By: / /O ( 141 Ho ell L. Poe President Date: By: keL- .. A Mateen A. Ansari Vice President [END OF SIGNATURES] Attachments: Exhibit A — Insurance Requirements Exhibit B -- Labor and Materials Payment Bond Exhibit C -- Faithful Performance Bond WESTERN ALLIED CORPORATION Page 6 1=f*t:NWO INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an WESTERN ALLIED CORPORATION Page A-1 insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. D. Builder's Risk Insurance. For Contracts with property exposures during construction, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of loss form with limits equal to 100% of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide City with a copy of the policy. • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed WESTERN ALLIED CORPORATION -.,- officers, agents, officials employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days advance written notice of such change. if such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. WESTERN ALLIED CORPORATION Page A-3 E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self - insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from WESTERN ALLIED CORPORATION Page A-4 Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. WESTERN ALLIED CORPORATION Page A-5 WHEREAS, the City of Newport Beach, State of California, has awarded to WESTERN ALLIED CORPORATION hereinafter designated as the "Princlpal," a contract for the work necessary for the completion of the base contract consists of replacing the existing HAVC controller system with an open protocol LON system; cleaning the existing ducts; pressure testing and repairing the existing system; replacing air control dampers; system balancing; and re -commissioning the system; In the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which Is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fall to pay for any materials, provisions, or other supplies used in, upon, for, 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 the undersigned Principal, and, Arch insurance Company dulyauthorized to transact business under the laws of the State of California', as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Forty Eight Thousand Seven Hundred Forty One ($248,741,00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; 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 present. THE CONDITION OF THIS OBLIGATION IS SUCH, that K the Principal or the Principal's subcontractors, fall to pay for any materials, provisions, or other supplies, Implements or machinery 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, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and Tabor, then the Surety will pay for the same, In an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 3260 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as WESTERN ALLIED CORPORATION Page B-1 required by and in accordance with the provisions of Sections 3247 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and It does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 30th day of MaY 20 13 Western Allied Corporation Name of Contractor (Principal) Arch Insurance Company Name of Surety 865 South Figueroa Street, Suite 2700 Los Angeles, CA 90017 Address of Surety 213-283-3513 Telephone Brenda Wong, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED WESTERN ALLIED CORPORATION Page B-2 State of California�9 County of LOS IiPU&E4ES } ss. M 20 13 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the personk" whose name(&) is/ars subscribed to the within instrument and acknowledged to me that hetoe/They executed the same in histherA#eir authorized capacityk!"), and that by histkrerAhett signaturesW on the instrument the person(, or the entity upon behalf of which the personw 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. #¢¢+++++++@++++a0+00#0#+0++00++P@@@@0#+++00 '42JEANETTE BENSON @# WITNESS my hand and official seal, nCOMM. #1ss2753NOTARY PUBLIC - CALIFO@NIA O LOS ANGELES COUNTY My Commission FX iras June 7, 2013 0+0+@ @ H@ 0@ 0 0+0 N 0 0 0 M100#0 gnature (seal) ACKNOWLEDGMENT `..SEE ATTACHED CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT— State of California County of On 20 before me, Notary Public, personally appeared 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 helshe/they executed the same in his/her/their authorized cepecity(ies), and that by his/her/their signatures(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 WESTERN ALLIED CORPORATION (seal) State of California County of Los Angeles On MAY 3 0 2011 before me, Natalie K. Trofimoff, Notary Public, personally appeared Brenda Wong who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is/af-e-subscribed to the within instrument and acknowledged to me that lie/she/they executed the same in 4i&/her/t4e4rauthorized capacity(44, and that by 4+s/her/t4e+F-signatures) on the instrument the person(&), 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. (seal) Si nature t NATALIEK.TROFIMOFF z Natalie K. Trofimoff, AoNrPublic i Commission No. 1957481 n V £ NOTARY PUBLIC -CALIFORNIA Z `ES LOS ANGELES COUNTY }£ §g My Comm. Expires OCTOBER 22, 2015 g AIC 0000027075 - -THIS POWER OF ATTORNEY IS NOT VALID UNLESS 1T IS PRINTED ON BLUE BACKGROUND. arms Pnv✓et_orney limits theeits of tP se damed'hereln, and they have_ng ut nnI-,Vbind the Company exceptto if e manner and to the extent herein stated.- Not valid for Mortgage, Note,"Ean, Letter of Credit Bank DeposiC`Currency Rafe, Interest Rate or Residential Value Guarantees. _ _ OF ATTORNEY 0� h -iii __- =��„ Know All Persons By These Present%r - That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having Its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the Company) does hereby appoint: Brerida Vaug Cesar F. Javier, Jefftrby, —iassne'r,INatalre,�. Trofimoff, Patrcia Talavera and Toner V. Cunningham of Los Ahjeles, _ X*ACH} t its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety acid astts-act and deed �k t Anyarrd all t opdp undertakings, reqogrrrnz�69-artfLother- ety obligations In he penal �sua nat! okceeding "—'NinebiMillion Dollars ($90.000.000.00 "11I- This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of author at forth herein. q1, % ich bonds, undTfecbgnzances,and other surer-y�btlgati�s irrpx[so.�nce of these pesentsshall be as aire - -bIrg`upori said Company a'fY,ll ahtl amply t°o all intents and purposes as if=fhe same had been duty,e>7ec'Oted antl acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on Septemfier 1;6 -2011, true and_accutat pi wFSt h are hereinafter set f4rti Y ind efe I)le&by certified tom th urrdersigned�- seire'&ty as beinb M full force and fe t,�t4 r0i a t1I'l (�t.. J 0 " _ "VOTED, That the Chairman of the Board, the President, or the Executive Vice" President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, toremmuto_on behalf of the Co paay, and attacq the seal of the Company-1herete, boridt undertakings, recognizances.and ot�snre `abkg ns obligatory9n,th6tfafdr,6 thereof, sand. any such offEdrs?ekfths (�ml5arkmay`;appoint agents for acceptance of -* essr W This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15, 2011: r'I - VOTED,,Thatthe`signature of the Qhai afie a_e-8oard—tlie President, onthe,Executive Utoe1PYAldent, or any Scor We t�rasldogt = of the S'u_r'e{y:Busti'tess Division tzrFap i1 designated in writin 'lo�d,rfi�e� v✓1}h �tY�e�3,eoretary, and tws --t ni of to Secretary;=the seal of the Company+ad cettfreatiohs the Secretary, may, he affixed oy tacsimile on any power oto �P on executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company - i �I OOML0013 00 03 03 _ Page 1 of 2 Ip Printed in U.S.A. AIC 0000027075 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 29'h day of November, 2011. Attested and Certified Arch Insurance Company O artih J. Nilseff, Secretary David .1,nAt ein, Executive Vico President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Kathleen Marcinkus, a Notary Public, do hereby certify that Martin J. Nilsen and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duty authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. _. C4tXM1?hl.gLSH GrrPENN9YLYaNfA . NOTARiAt,MEAL KATHLEEN€,MAKINO Notary public LuiClfyofPltitadalphle,ft O.Ccun °. r" a CERTIFICATION Kat leen Marcinkus, Not ry Public My commission expires 3/1412014 I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated November 29, 2011 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this ___day of Ba�ny�nD �. ii ArdnNils n, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance — Surety Division 3 Parkway, Suite 1500 Philadelphia, PA 19102 vaic xnre SM 11,77 OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. The premium charges on this Bond is $ 4,229.00 , being at the rate of $ 17.00 per thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to WESTERN ALLIED CORPORATION hereinafter designated as the "Principal," a contract for the work necessary for the completion of the base contract consists of replacing the existing HAVC controller system with an open protocol LON system; cleaning the existing ducts; pressure testing and repairing the existing system; replacing air control dampers; system balancing; and re -commissioning the system; in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a, Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Arch Insurance Company 'duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, In the sum of Two Hundred Forty Eight Thousand Seven Hundred Forty One ($248,741.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, 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 present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or falls to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the WESTERN ALLIED CORPORATION Page C-1 event City is required to bring an action in law or equity. against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from Its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 30th day of May 2013 Western Allied Corporation Name of Contractor (Principal) Arch insurance Company Name of Surety 865 South Figueroa Street, Suite 2700 Los Angeles, CA 90017 Address of Surety 213-283-3513 Telephone Signature[Titte Brenda Wong, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED WESTERN ALLIED CORPORATION Page C-2 + M , State of California County of Low e r ) ss. On L✓IF 20 A before me, <i�1AP SD�BO Notary Public, personally appeared OWE -- who proved to me on the basis of satisfactory evidence to be the person(} whose name(,s-) is/.asp subscribed to the within instrument and acknowledged to me that hetshei4hey executed the same in histher4their authorized capacityj,tes°p and that by hlsttwAheir signatures(.) on the instrument the persons), or the entity upon behalf of which the person} 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. 449eweeawwew 040e4e4ee040e040464440ee 00440 JEANETTE BENSON e WITNESS my hand and official seal, a COMM. #1852763 Y'✓ . ' NOTARY PUBLIC - CALIFORNIAZi O 0 LOS ANGELES COUNTY 0 MY COMM'"Wn Expires Juno 7, 2013 p 90f000eH00e00440000404040 400404044404000004 t nature (seal) ACKNOWLEDGMENT "`SEE ATTACHED CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT— State of California County of )Ss. On 20 before me, Notary Public, personally appeared 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 signatures(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 WESTERN ALLIED CORPORATION (seal) State of California County of Los Angeles MAY 3 0 20`13 On before me, Natalie K. Trofimoff, Notary Public, personally appeared Brenda Wong who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/a*- subscribed to the within instrument and acknowledged to me that 4e/she/t4ey executed the same in #i&/her/them authorized capacity4e-s4, and that by 4i&/her/their-signature(s) on the instrument the person(&), or the entity upon behalf of which the person(-,) 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. (seal) Signature Natalie K. Trofimoff, Not—Sr Public NATALIE K. TROFIMOFF� Commission No. 1957481 z U0-1 NOTARY PUBLIC -CALIFORNIA ZLOS ANGELES COUNTY My Comm. Expires OCTOBER 22, 2015 AID 0000027076 -- #IIS POWER OFATTORNEY I$ NOT VALID UNLESS ITIS PRINTED ON BL -.IR.. BACKGROUND. 7 '7 Tawe o'f may limits thej0ctsli&t46senarfibd herein, and they W mowvtWii bind the Compat}f°113e manner and to the! extent herein stated. ited. ii valid for Mortgage, Note,- Loan, Letter of Credit, Bank Deposit, -Currency Rate, Interest Rate or Residential Value Guarantees. 6W OF ATT ®KNEE, K&AAll Persons By These Presents: - That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative -office in Jersey City, New Jersey (hereinafter referred to as the "Company") does -hereby appoint: �Qpndqyi/mtj�esdr F. Javier, Jefli Stia"hbr,, Natalie K. Trofimoff, Patricia- Tialhvehd and Tenzer V. Curminghamof Los Angeles,_ its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as sucQ arrW86"fikact and deed: Ariali-dall b6adsfundertakings, redgi izancas rt [bt-- surety obligations, in the `Pepa,sQm ii tikixceerfing NinMillion Dollars This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of author�s_ at forth herein. q &I,n of_416ch bonds, unckertqklrigs, i z c s' tiers; SApuirt cc of these phasienits, shall b i and other surety ��oqhi On a as, b _ffhiq� u �ullyfi am -oi rf-the had been dttjy_exocutecl and- fil pon the said Company as d amply to all intents and purp acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on Sgptembori5,2011' true and. -a 15114 are hereinafter , set�lforfib �iandUlhh&�dby certified toby the- Y"MIMMCL� Seerelary:as being In fulI force an " � . W, if VOTED, That the Chairman of the Board, the President, or the Executive Vied President, or any Senior Vice PresireK, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of arttotne ute on behalf of the Comppoy, and, attach the seal of the Company bands, undertakings, recognizances and y, to qy4bere appoint agenfis�ficr acceptance" of -61her'sUreffiribhgatibins obligatory inj- �'t`16 the I'f and any such officers of the Gamparkrrft This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15, 2011: VOTED, That the signature of the __QhaWan.61rthe_ Boated the President, or the, Executiveice P a"if or any Senior Vrc4T%siM6t s of- the Surety Business Division, Wiffift pg sigagnated in writingi tied thW,§p6retary, and the signature of 14heL - I I , . 1� � s-- m - -,-- - --- 14 ', , - - -4o' he siffille on any power rM Fft9i bort ua Sbcretary,-fhe�ffial of the Company; ceffiffluatk5i Secretary, may, Ciao " ` i", - - - — executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOMLOO13 0003 03 Page I of 2 Printed in U.S.Auh. q 11 AIC 0000027076 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 291" day of November, 2011. Attested and Certified wxn�xe SEAT artin J. Nils , Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS Arch Insurance Company David M. in a stein, Executive Vice President I, Kathleen Marcinkus, a Notary Public, do hereby certify that Martin J. Nilsen and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporationorganized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. pdMMtlfitY48Ai.TTi PpEN YAfCA TARIAL I [.:MTHLEE0N'1M"ARrARXUW1XL1Mry Publlp � of ftladolphlu, PNa. n 4 CERTIFICATION Kathleen Marcinkus, Notqffy Public My commission expires 3/14/2014 I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated November 29. 2011 on behalf of the persons) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch. Insurance Company on this .day of,_$0_ artin J. Nils n, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance — Surety Division 3 Parkway, Suite 1500 t1 Philadelphia, PA 19102 C + w.ec�uxe hSM ,a Asn OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL CENTRAL LIBRARY HVAC SYSTEM UPGRADES CONTRACT NO. 5277 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 5277 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @�UUv Dollars and Cents $ 5 o t), ", Per Lump Sum 2. Lump Sum Clean Existing Ducts 3 @4 Z1 Dollars and Cents Per Lump Sum Lump Sum Perform System Pressure Leak Test @ 4, Dollars and Cents cT�b 00 Per Lump Sum PR2of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum HVAC Controller System Installation Dollars and Cents Pe LurPe Lur mp Sum 5. 12 EA Install VAV Box Control Sensors @ oo' Dollars and Cents $ 'S0 $ SGC D, eD, enc► Per Each 6. Lump Sum HVAC Controller System Testing, Adjusting, and Balancing @ Dollars and Cents $ '32, 650,00 Per Lump Sum 7. Lump Sum HVAC Controller System Commissioning @ 1y Dollars and Cents $ o' hen, c►c) Per Lump Sum 8. Lump Sum Provide As -Built Drawings and HVAC Controller Diagrams (Fixed) @ Five Thousand Dollars and Zero Cents $ 5,000 Per Lump Sum PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT _ PRICE WRITTEN IN WORDS PRICE PRICE 9. Lump Sum HVAC Controller System Training @ (�� Dollars and Cents l� l> Uti, CSO Per Lump Sum ,A /2-0(3 W 65f�N A-LLc&=o Oov Date Bidder JA4. Bidder's Telephone and Fax Numbers Bidder's Authorized Signature and Title l `1 g 3 2-1 . C-261 12046 F. FUI R 6&K-6 AV S ANi r4 F� S P,� ��,5, C f �� k7b Bidder's Licen a No(s). Bidder's Address and Classification (s) Bidder's email address: MAMSCifti CO W9S6Gc&1 , C-6nl Last saved by ptauscher03/19/2013 3:09 PM i:\users\pbw\shared\contracts\fy 12-13\c-5277 _ central library hvac\proposal.doc CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 5/20/13 _ Dept./Contact Received From: Shari Date Completed: 5120/13 Sent to: Shari By: Chris/Renee _ Company/Person required to have certificate: Western Allied Corporation Type of contract: All Others I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 11/1/12-11/1/13 A. INSURANCE COMPANY: National Fire Insurance Co of H _ B. AM BEST RATING (A-: Vil or greater): A:XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D, LIMITS (Must be $1 M or greater): What is limit provided? 1100_0,000/2,000,000 E. ADDITIONAL INSURED ENDORSEMENT—please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) 23 Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I, PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 11/1112-1111/13 A. INSURANCE COMPANY: Continental Casualty Company _ B. AM BEST RATING (A-: VII or greater) A:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E. LIMITS Waiver of Auto Insurance I Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No VV0RKERS'CO&xPEN3AT0N EFFECT|VE/EXP|RATION DATE: 11/1/1.2-11/1/13 8, INSURANCE COMPANY: Zurich B APNBEST RATING (A-:V||orgremtwr): C. ADMITTED Company (Must beCalifornia Adrnitted): D. yV0RKERG'COKAPENSAT0NL(MlT: Statutory E, EMPLOYERS' L|AB|L|TYLIMIT (Must be$1Morgreater) F� WAIVER OFSUBROGATION (To indudo):|si1included? G, SIGNED VVORKERS`COMPENSATIDNEXEMPTION FORM: H, NOTICE OFCANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY \/ BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: 5/2O/I3 Agent nfA||iontInsurance Services Date Broker ofrecord for the City ofNewport Beach XYes El No ZYes [I No 1,000,000 XYes El No NN/A 0Yeo [I No El N/A ZYeo El No X NIA El Yes 0 No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than ; Self Insured Retention or Deductible greater than $____) F1 N/A 0 Yes EJ No Reason for Risk Management approvaKoxcepL(nn/wmkmr: Approved: * Subject to the terms ofthe contract. Client#: 629557 WESTALLI 5110/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). Hub international 6701 Center Or West #1500 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS PHONE Luc. No e,�q:310.5fi8.7fi09 Arc,,,: 310,733.5640 E-mne. AooREss: Cindy.gutierreza�7hubinternationa/.corn Los Angeles, CA 90045 310 568-5900 SLIDE _ ___.. INSURERIS)AFFORDING COVERAGE "" n INSURER A: National Fire Insurance Co of N _ NAIL # -""78 2047$ INSURED Western Allied Corporation rt LIMITS INSURER National Union Fire Ins Co Pitt 19445 INSURER c: Zurich U,S, X 49-99979- 9999912046 12046E. Florence Ave. Post Office Box 3628 11/0112M INSURER D: Continental Casualty Company Com an _ 20443 Santa Fe Springs, CA 90670 _ DAMAGE TO RENTED PREMISES Ea ocn{rrxnp, 3300,000 MED EXP (Any oneporson) s15,000 INJURY $110001000___ .... INSURER F: X PD Ded:10,000PERSONAL&ADV _ COVERAGES CERTIFICATE NUMBER: 2013/40(+5) 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 CONTRACTOR 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 LTR TYPE OF INSURANCE ADPL N SLIDE _ LIC __ POLICY NUMBER "PoLICYEFF jMWD�1Y)2n POUCYEXP MMIDDNYYY rt LIMITS A QENF.RAL LIABIInY X X 2088755374 11/01/2012 11/0112M EACHOCCURRENCE $1,000000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7 OCCUR _ DAMAGE TO RENTED PREMISES Ea ocn{rrxnp, 3300,000 MED EXP (Any oneporson) s15,000 INJURY $110001000___ .... X PD Ded:10,000PERSONAL&ADV $2,000000 GEN'L AGGREGATE LIMIT APPLIES PER: _GENERALAGGREGATE PRODUCTS - COMP/OP AGO s2,000,000N . POLICY X PRO- LOG _ s _ D AUTOMOBILE LIABILITY _ X X 2088755360 1U01/2012 11)61/261 I MBINEDSINGLELIMfr Eaa ' m 1,000_,000 BODILY INJURY (Per esm rJ $ J X ANY AUTO _ ALL OWNED "' SCHEDULED AUTOS AUTOS X HIRED AU'FOS X NONOWNED ._ AUTOS BODILY INJURY (Per ecnidenQ $ PROPERTY DAMAGE $ Per acddeN _ $ X rive Oth Car B �X UMBRELLA LIAR X OCCUR X BE014260637 1/01/2012 11/01/201 EACHOCCURRENC_Ey s5 000 000 AGGREGATE s5000000 EXCESS UA5 CLAIMS -MADE DED J X RETENTION00000_ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORPARTNEWEXECUTiVE Y t N OFFICERIMEMBEREXCLUDED7 (Mandatory in NH) NtA X WC427744007 11/01/2012 11/01/201 __ WC X STATU- OTH-I E.L. EACH ACCIDENT §1 OOO OOO - - EL. DISEASE -EA EMPLOYEE $1,000 000 Ors tlescribe ender DEfiCRIPTION OF OPERATIONS below " EL DISEASE -POLICY LIMIT $1,000000 " _ DESCRIPTION OF OPERATIONS I LOCATIONS t VEHICLES (Altach ACORD 101, Additional Remarks Schedule, If more space is required) Re: Job #1113025, Contract #5277, Central Library HVAC System Upgrades. City of Newport Beach, its officers, officials, employees and agents are included as additional insured(s) on the General Liability and Automobile Liability policies as respects to the operations of the named insured per attached endorsements. Primary & Non -Contributory wording applies per attached endrosement. Waivers of Subrogation apply on General Liability, Automobile Liability and Workers Compensation policies per attached (See Attached Descriptions) City of NewPort Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658.8915 ACORD 25 (2010/05) 1 Of 2 #S2236018/M1911910 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 U 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DR41 I DESCRIPTIONS (Continued from Page 1) endorsements. Umbrella policy is fallow form. 30 day notice of cancellation/10 days for non-payment of premium. SAGITTA 25.3 (2 IMS) 2 of 2 #S2236018/M1911910 Western Allied Corporation Policy Number: 2088765374 CNA Policy Term: 11/01/2012 -11/01/2013 G -140331-C (Ed. 10/10) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • • • •' •'ILI 4;11 • 1. � " . �. � • � • • ' _ i_' � \ � i..G _.. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART aa.ncvuI_c Name of Additional Insured Persons Or Organizations Locations of Covered Operations A. Section It - Who Is An Insured is amended to include as an additional insured: 1. Any person or organization whom you are required by "written contract" to add as an additional insured on this Coverage Part; and 2. The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury', "property damage", or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf in the performance of your ongoing operations specified in the "written contract"; or c. "Your work" that is specified in the "written contract" but only for "bodily injury' or "property damage" included in the "products -completed operations hazard", and only if: (1) The "written contract" requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such 2. We will not provide the additional insured any broader coverage or any higher limit of insurance than the least that is: a. Required by the "written contract"; b. Described in B.I. above; or c. Afforded to you under this policy. 3. This insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. But if required by the "written contract", this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. 4. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; or coverage. b. Any premises or work for which the additional insured is specifically listed as an G -140331-C Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2 (Ed. 10/10) additional insured on another endorsement a#ached tothis Coverage Part. C. SECTION W—COMMERCIAL GENERAL LIABILITY CONDITIONS Is amended as follows; 1. The Dutles In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicabletothe additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurreneW or an offense which may result in a claim or "suit" underthis insurance, and of any claim or "suit that does result; (2) Except as provided in Paragraph 6.3 of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) (4) Send us copies of all legal papers received, and otherwise cooperate with us in the Investigation, defense, or settlement of the claim or `suit; and Tender the defense and indemnity of any claim or "suit to any other insurer or self Insurer whose policy or program applies to a loss we cover underthis Coverage Part. But if the "written contract' requires this Insurance to be primary and non- contributory, this provision (4) does not apply to insurance on which the additional Insured is a Named Insured. G -1+10331-C (Ed. 10/10) We have no duty to defend or indemnity an additional insured under this endorsement until we receive from the additional insured wi ften notice of a claim or `suit. 2. With respect only to the insurance provided by this endorsement, the first sentence of Paragraph 4.a. of the Other Insurance Condition is delieled and replaced with the following: 4. Other Insurance a. Primary Insurance This insurance 15 primary and non- contributory except when rendered excess by endorsement G -540331-C, or when Paragraph b. below, applies. D. Only for the purpose of the Insurance provided by this endorsement, SECTION V — DEFINITIONS rs amended to add the foltaving definition: "Wrttten contract"means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently In effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The "bodily injury" or "property damage^ or Is The offense that caused the 'personal and advertising injury' for which the additional insured seeks coverage under this Coverage Part. G -140331-C Includes copyrighted material ofiusurance Services Office, Inc., with its permission Page 2 of 2 (Ed. 10110) Western Allied Corporation Policy Number: 2088755360 Policy Term: 11/01/2012 —11/01/2013 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. SCHEDULE — -- Name of Person(s) or Organization(s): Where required by written contract (If no entry appears above, information required to complete this endorsement will be shown in the eclarations as applicable to the endorsement,) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page I of I Western Allied Corporation Policy Namber:2088755374 Policy '1 erin: 11/01/2012-11/01/2013 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WHO REQUIRES YOU TO OBTAIN THIS WAIVER OF OUR RIGHT OF RECOVERY UNDER A WRITTEN CONTRACT The following is added to Paragraph & Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or 'your work` done under a contract with that person or organization and included in the 'products -completed operations hazard." This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 Copyright, Insurance Services Office, Inc., 2008 Page i of 1 9-23186-B CNA (Ed. 12110) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: Business Auto SCHEDULE Name of Person or Organization: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. We waive any right of recovery we may have against the damage must arise out of your activities under a contract person or organization shown in the Schedule because of with that person or organization. The waiver applies only to payments we make for the injury or damage. This injury or the person or organization shown in the Schedule. 9-23186-B Page 1 of 1 (Ed. 12/10) POLICY NUMBER INSURED NAME AND ADDRESS 2088755360 WESTERN ALLIED CORPORATION 12046 EAST FLORENCE AVENUE P O BOX 3628 SANTA FE SPRINGS, CA 90670 POLICY CHANGES WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS (CONT.) This Change Endorsement changes the Policy, Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. Schedule: Name of Person or Organization: Any person or organization who requires you to obtain this waiver of our right of recovery under a written contract or agreement. Chalrmm of the Board G -56415-B (ED. I1/91) WORKERS" COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-54) " f i CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The fallowing "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 1110912012 at 12:01 A.M. standard time, forms a part of Policy No. WC427744007 Endorsement No. 1 of the ZURICH AMERICAN INSURANCE COMPANY issued to WESTERN ALLIED CORPORATION Premium $ INCLUDED Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0.0% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR ALL CALIFORNIA OPERATIONS AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON OR ORGANIZATION. WC 252 (4-84) WC 04 03 06 (Ed. 4-54) Page 11 of i 1 1 1 1 2 2 2 2 3 2 2 2 3 3 3 3 3 3 3 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CENTRAL LIBRARY HVAC SYSTEM UPGRADES CONTRACT NO. 5277 INTRODUCTION PART 1 ---GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2-5 PLANS AND SPECIFICATIONS 2-5.3.4 Supporting Information 2-6 WORK TO BE DONE SECTION 3 CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6-1.1 Construction Schedule 6-7 TIME OF COMPLETION 6-7.1 General 6-7.2 Working Days 6-7.4 Working Hours 6-9 LIQUIDATED DAMAGES 6-11 PRE-BID MEETING 1 1 1 1 2 2 2 2 3 2 2 2 3 3 3 3 3 3 3 4 4 SECTION 9 MEASUREMENT AND PAYMENT 8 9-3 PAYMENT 8 9-3.1 General 8 9-3.2 Partial and Final Payment 9 HVAC CONTROLLER TECHNICAL. SPECIFICATIONS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CENTRAL LIBRARY HVAC SYSTEM UPGRADES CONTRACT NO, 5277 11,111i s s •i�Ci7 SP 1 OF 54 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the As -built Mechanical drawings from Contract No. 2778 (Drawing No. B -5141-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2 ---SCOPE AND CONTROL OF THE WORK 2-5 PLANS AND SPECIFICATIONS 2-5.3.4 Supporting Information. Replace this section with, "Supporting information shall consist of following and is required in the bidding package: Certifications, Organizational chart for the project, indicating key project members and responsibilities, and Itemized cost per component using the format provide in the bid package." 2-6 WORK TO BE DONE. Add to this section, "The work necessary for the completion of the base contract consists of replacing the existing HAVC controller system with an open protocol LON system; cleaning the existing ducts; pressure SP 2 OF 53 testing the existing system; replacing air control dampers; system balancing; and re- commissioning the system." SECTION 3 ---CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup. Replace this section with the following: ,,(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 ............................................ 15 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 subsection, one (1) percent shall be added for 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 3-3.2.3(a) shall be applied to the Subcontractor's actual cost (prior to any markups) 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." 4-1 MATERIALS AND WORKMANSHIP 4-1,3 Inspection Requirements Add Section 4-1.3.4 Inspection and Testing "4-1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection. No material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction materials. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to SP 3 OF 53 failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 6 ---PROSECUTION PROGRESS AND ACCEPTANCE OF THE WORK CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6-7, shall commence on the date of the `Notice to Proceed.' 6-1.1 Construction Schedule. Add the following between the first and second paragraphs of this section: No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6-7 TIME OF COMPLETION 6-7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 45 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6-7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31St (New Year's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. if the holiday falls on a Saturday, the Friday before will be considered the holiday." 6-7.4 Working Hours. Normal working hours are limited to 6:04 a.m, to 3:00 SP40F53 p.m., Monday through Friday. The library shall remain open during construction. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 3:00 p.m. to 9:00 p.m. Monday through Friday or 6:00 a.m. to 3:00 p.m. on Saturday only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $216 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $2,500.00 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience and interruptions to the library operations." 6-11 PRE-BID MEETING. The City will conduct a pre-bid site meeting on the date and at the time specified in the Invitation to Bid. Bidder attendance at this meeting is Optional but highly recommended as it is the only opportunity for bidders to familiarize themselves with the work prior to the bid opening. Bidders shall meet at the Central Library located at 1000 Avocado Avenue, Newport Beach, 92660 on April 3, 2013 at 10:00 a.m. The purpose of the Pre-bid Site Meeting is to acquaint prospective bidders with the site, local physical features, site logistics, obstructions, power sources, and security conditions and issues. Included in the bid package is As -built Mechanical drawings, sheets M0.1 through M10.3 which will be addressed during the pre-bid meeting. The conditions and requirements of these Specifications will govern over any information presented at the Pre-bid Site Meeting. Addenda will be prepared and issued, as necessary, to effect any changes to these specifications. SP5OF53 Bidding contractors will be required to sign in with the Engineer and wear appropriate personal protective equipment including long pants, safety vests, construction hard hat, and closed toed shoes. SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 7-8 WORK SITE MAINTENANCE Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.4.3 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following. "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7-8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport. com." 7-8.6.2 Best Management Practices (BMPs). Add to this section: The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. Checking construction vehicles for leaking fluids. Providing a controlled area for cleaning or rinse -down activities. Monitoring construction activities. Minimizing usage of water when saw -cutting and vacuum the residue. Providing measures to capture or vacuum -up water contaminated with construction debris. Removing any construction related debris on a daily basis. Protecting work areas from erosion. SP 6 OF 53 The BMP shall be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code, 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to the Central Library within the limits of work must be maintained at all times. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction." 7-10.4 Safety 7-10.4.1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." Add the following Section 7-10.5 "No Parking" Signs 7-10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The City of Newport Beach "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. SP7OF53 The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. Add the following Section 7-10.6 Notice to Residents Notices to Public. Ten working days prior to starting work, the Contractor shall post construction notice in the Central Library, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of construction, the Contractor shall post a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start, disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. Add the following Sections: "7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a C-20 License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach, 7-16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS. A stamped set of approved specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built" drawings. The "As -Built" shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project, During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material." SECTION 9 ---MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not limited to, the cost of all labor, equipment, and material for mobilization; providing bonds, insurance and financing; obtaining an equipment and material storage site; preparing the site to accommodate improvements, providing and updating construction schedule; providing submittals; attending all construction meetings; demobilizing; completing all reporting documents, and all other related work as required by the Contract Documents. Item No. 2 Clean Existing Ducts: Work under this Item shall include, but not limited to, furnishing materials, tools, equipment, and labor for inspecting and cleaning the existing ducts associate to the HVAC system prior to the installation of the new HVAC controller system and all other related work as required by the Contract Documents. Item No. 3 Perform System Pressure teak Test: Work under this Item shall include, but not limited to, furnishing materials, tools, equipment, and labor for conducting a pressure test on the existing HVAC system prior to the installation of the new HVAC controller system and all other related work as required by the Contract Documents. A report documenting the results of the system pressure test shall be presented to the Engineer with system analysis and recommendations. Item No. 4 HVAC Controller System Installation: Work under this Item shall include, but not limited to, furnishing materials, tools, detailed engineering, equipment, and labor to complete all items described in the Technical Specifications. The cost of work items referred by the Technical Specifications, maintenance, operation and training manuals, testing, warranties, and system documentation are to be paid under this bid item. Furthermore, payment for this item shall include receipt and warranty certificates stating the City as the owner entitled to warranty coverage. Item No. 5 Install VAV Box Control Sensors: Work under this item shall include, but not limited to, the cost of all labor, equipment, and material to install new VAV box control sensors per the direction of the Engineer and all other related work as required by the Contract Documents. The sensors shall be installed in the library's low and the high ceiling areas providing additional control to the new system. SP9OF53 Item No. 6 HVAC Controller System Testing, Adjusting, and Balancing: Work under this item shall include, but not limited to, the cost of all labor, equipment, and material; balancing the newly installed HVAC Controller System, completing all reporting documents; and all other related work as required by the Contract Documents. Item No. 7 HVAC Controller System Commissioning: Work under this item shall include, but not limited to, the cost of all labor, equipment, and material commissioning the newly installed HVAC Controller System; completing all reporting documents; and all other related work as required by the Contract Documents. Item No. 8 Provide As -Built Drawings and HVAC Controller Diagrams: Work under this item shall include all actions necessary to provide as -built drawings and HVAC Controller Diagrams. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. Item No. 9 HVAC Controller System Training: Work under this Item shall include, but not limited to, furnishing materials, tools, and labor to provide up to 8 -hours of technical training for the City's staff on HVAC system capabilities, operation, maintenance, and troubleshooting. The specific structure and scheduling of the provided training shall be established by Contractor in cooperation with the Engineer prior to completion of installation. 9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the following: "From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid." Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." The Contractor shall fully comply with the following HVAC Controller TECHNICAL SPECIFICATIONS which augment, but are not referenced to, sections of the Standard Specifications for Public Works Construction. Central Library HVAC Controller Retrofit - Scope of Work The technical specification, contractor qualifications and references required are an integral part of the scope, and will be part of the evaluation of proposals received. Proposals that do not comply with the required technical specification, references and qualifications will be deemed non-responsive. The job walk is Optional but strongly encouraged . The Central Library's existing control system is Carrier CCN to the zone. The system controls an air cooled chiller, a condensing boiler, exhaust fans, pumps, air SP 10 OF 53 handling units and VAV boxes (many with hot water reheat coils). At present, there are various locations where a single wall sensor controls multiple VAV boxes. While the base bid will be to replace the existing system capabilities as they exist, a price "per sensor" is included to add additional sensors enabling more precise VAV box control. Sensors shall be installed per at the direction of the Engineer. The added sensors are shall be installed Library's low and high ceiling areas. The City has determined that an open protocol, Lon system, will be installed. Any brand of equipment may be used, so long as it is Lon compatible. Future parts replacement shall be possible with components from any Lon compatible manufacturer. Future contractor support shall be possible from any Lon -certified contractor, without regard to manufacturer/dealer affiliations. The construction order of events shall be as follows: New communication network/backbone cable will be run. All new cable shall conform to the capacitance and other requirements of level 4 cable. See bulletin if questions: https://www.echelon.com/supoort/documentation/bulletin/005-0023- 010 Jbox wiring.pdf. Please note that this includes the cable to the chiller yard. 1. The VAV boxes shall be individually converted from the existing Carrier system to the new Lon system. Please note that both systems will operate in parallel until the transfer of all equipment is complete. 2. The air handling units shall be converted, then the boiler with pump, then the chiller with pumps, then the miscellaneous equipment (server room AC, exhaust fans, etc.). The bid documents include a requirement to list five (5) reference sites where the contractor has a minimum of two years experience supporting both control systems. Failure to provide the information may result in the proposal being considered to be non-responsive. In addition, one of the building's air control dampers is to be replaced as a part of this project. This outdoor air damper is duct mounted and connected to unit AH -2 (serving the main library area). The new damper shall utilize extruded aluminum airfoil -type blades in an opposed blade configuration, with stainless steel bushings and low leakage blade edge seals. The damper shall be PCI model CD -52 or Engineer approved equal. SP 11 OF 53 Contractor Qualifications Contractors wishing to submit a proposal shall be able to demonstrate all of the following: Minimum five years in business under the same name, continuously installing the specified control system. Evidence of at least two systems per year installed each of the past 5 years. Evidence of full in-house capability for engineering (including at least one mechanical engineer licensed by the state of California), engineered drawings, programming, balancing, commissioning, and service support. Construction and record drawings will bear the stamp of an engineer employed by the successful contractor. Lon System Integrator Certification. The Central Library's existing Carrier DDC system utilizes a variety of components. The contractor must provide with the bid evidence of full certification/proficiency for the following Carrier DDC controls, all of which are present in the building: ComfortView Best + + programming Comfort Controller Terminal System Manager Terminal Control Unit VAV Controllers Technical Specification The following network controls specification is a full performance and functional description of a controls system. The technical specification does not mandate any particular component manufacturer. The technical specification does clearly define the system performance and functional requirements necessary to ensure the following: 1. Delivery of an open, interoperable system 2. Delivery of a fully serviceable system where the City "owns" their system 3. Removes the vendor closed proprietary system elements 4. Ensures the controls contractor delivers a working system in which the owner has all of the training, software, and tools to perform their own maintenance, upgrades, and service if they should choose to do so. This specification is to be implemented in conjunction with the accompanying points list. No existing control drawings exist. The contractor will be responsible for determining existing inputs & outputs, physical locations of controllers and the existing sequence of operation. The existing sequence of operation may be used as a basis for the new sequence. The sequence of operation shall appear (in clear text) on the plans to be produced by the Contractor (both construction and record drawings) and be stamped by an engineer licensed in the state of California. Construction and record drawings shall show field wiring of all SP 12 OF 53 components, as well as the labeling methodology by which all terminations shall be labeled. The drawings shall also include the points list with appropriate labeling notes. Please note that no final payment will be made until all drawings are complete and all terminations are labeled. Instruction shall consist of three (3) four hour sessions, separated by at least one week so the owner can accumulate operating experience prior to the next session. In addition, unlimited telephone support will be included without charge during the warranty period (one year), without the need for a service agreement of any kind. Control System Specification 1. Project Description and Scope 1. This section defines the basic materials and methods to be provided by the Contractor and used in the installation of network control products to provide the functions necessary for control of the various systems on this project. Please be advised that the requirements of this specification will be strictly enforced. Systems that do not meet the requirements of the specification as outlined below will not be accepted. 2. The control system shall utilize an open, industry standard networking communication protocol and network management system to provide direct access to each device. All messaging on the system shall provide direct peer-to-peer communication capability and provide for device level interoperability. The system shall implement a logical flat, physically tiered architecture model in order to ensure interoperability and remove any closed system elements. 3. No closed network communication elements shall be permitted and strictly enforced. No non -open communication to devices from network tools, host interfaces, or enterprise level applications will be permitted. . 4. All data flow on the network shall be fully published and documented. No vendor specific closed communication will be allowed. 5. The system shall consist of interoperable devices, standard routers, standard network interfaces, standard IP communications (if required), and open user interfaces. No closed system components will be permitted including custom gateways (unless expressly defined below), logically tiered hardware or software architecture elements, or closed system tools. 6. All systems and subsystems shall be capable of being serviced and maintained by the City. Under no circumstances shall any hardware or software be implemented such that the property will not be able to provide access to the City. 7. The contractor shall supply all hardware, software, databases, configuration tools, commissioning tools, analysis tools, and software plugins on this project to the Engineer. All tools shall be properly licensed and conveyed. All SP 13 OF 53 original software, software keys, and licenses shall be conveyed such that the City shall have full access and usage rights to all components. 8. The contractor shall follow all industry standards and relevant guidelines for the control network, device selection, network wiring, configuration, and commissioning. 9. This project may be part of a multi -phase project and, as such, nothing delivered shall force the owner to require contracting to the original contractor for future phase work. All elements of the control system shall be delivered such that any alternate contractor will be able to add, modify, or enhance the existing system without the need for the original Contractor. 10. All hardware supplied shall be available for purchase directly by the City at industry competitive pricing for future spare parts. The City shall have the right to purchase spare parts at any time directly from the Contractor or the Contractor's assigned agent without the need for any future integration contract. 11. The Contractor shall demonstrate their ability and intent to fully complete this project as specified. No alternate bids or exceptions will be accepted. The contractor shall demonstrate their knowledge, ability, and experience in providing the system as specified. 12. No system will be accepted that is not supported locally by multiple contractors. It. Submittals 1. Product Data: Manufacturer's data sheets on each product to be used, including: i. Preparation instructions and recommendations. ii. Storage and handling requirements and recommendations. iii. Installation methods. 2. Shop Drawings: Detailed drawings shall be prepared specifically for the project by manufacturer or Contractor. Show dimensions, framed opening tolerances, profiles, product components, anchorages, accessories. i. Elevations indicating size and configuration of fixed and sliding panels. ii. Detail sections of fittings. iii. Indicate location and sizes of anchorages and reinforcement, iv. Data components connections with existing or new system and power required power supply. V. Electrical components connections with existing or new system and required power supply. vi. Indicate material thickness, fastener locations, and hardware SP 14 OF 53 arrangements. vii. Include schedule identifying each unit, with marks or numbers referencing drawings. III. Control Devices Communications media Transformer isolation — all devices shall be isolated from the network using a transformer isolated transceiver capable of common mode rejection to ensure network reliability and that a power surge on the communication buss will not take down the entire network. ii. All devices shall implement polarity insensitive transceivers in order to reduce mis-wiring. iii. Devices using twisted pair wiring shall operate at the same bit rate (minimum of 78Kbps) to ensure interoperable device to device communication. 2. Communication protocol International Standard Protocol - Devices shall utilize a common ISO/IEC listed open communication protocol. All devices on the network shall implement the full protocol stack. No partial or limited protocol stack implementations will be accepted in order to ensure reliable full communication between devices, improve installation time, and reduce field engineering. Network security — all devices shall implement a native communication security mechanism such as device authentication at the device level to prevent unauthorized access on the network. iii. All devices shall implement peer-to-peer communication protocol. No master slave protocol implementations will be acceptable. Reduce single point of failure. 3. Device Network Management i. All devices shall be configurable via an open network management tool. No explicit addressing will be allowed in order to prevent proprietary devices being installed on the open network. ii. Devices shall not implement the use of DIP switches for network addressing in order to prevent mis-addressing. iii. All devices shall include a unique physical node address stored on non- volatile memory on the device to prevent the possibility of two devices having the same address and causing network communication problems. iv. All complex devices shall be delivered with a device software configuration plugin capable of being run from any standard network management tool. No proprietary configuration communication SP 15 OF 53 mechanisms will be allowed. Plug-in software shall be supplied for each device. A backup of all plugin software for each device shall be provided on optical media. V. All devices shall be capable of identifying themselves via a visual indicator if requested to by a network management or commissioning tool. vi. All devices configuration and applications shall be able to be updated over the network. In no cases shall a device have to be physically removed from the network in order to be updated with new software or configuration. 4. Programming of Devices i. Programmable devices shall be programmed with an openly available programming tool. ii. Device programming tools shall be fully licensed and conveyed at contract sign off. iii. Programmable devices shall follow open standard interoperability guidelines. No closed or proprietary interfaces to programmable devices will be allowed. iv. Once programmed a programmable device shall interoperate as any other application specific device on the network. No closed or proprietary communication to programmable devices will be allowed. V. Field programmability of devices must be provided. Device programming tools shall be able to run on the Operator Workstation (see Operator Workstation Computer requirements) IV. System Infrastructure Wiring i. The network infrastructure shall consist of a two wire, polarity insensitive twisted pair network. All devices shall connect directly to the twisted pair network as peers. No home run wiring will be acceptable. ii. Wiring capable of bus, start or loop wiring with single termination when wired in a "free wiring" setup. Bus wiring may be used to extend the length of the network where appropriate. Double termination is required if bus networking is used in order to improve network communication reliability. iii. Network wiring shall consist of a twisted pair, unshielded, polarity insensitive structure such that wiring issues are minimized. iv. Wiring lengths shall conform to the industry published guidelines with a minimum of 20% headroom on each segment in order to allow for future network enhancements. Example: If the network wiring guidelines call SP 16 OF 53 for a maximum of 500 meters per segment, wiring shall consist of 20% less than 500 meters or a total of 400 meters. V. The maximum number of devices per wiring segment shall be 80% of the published maximum in order to provide for future expansion. Example: if the published wiring guidelines allow for 64 devices per segment, the maximum allow will be 80% of 64 or 51 devices maximum. 1. Connectivity i. Network segments shall be connected by a standard layer -3 transparent router. No gateways or application specific routers will be permitted to reduce the engineering customization and proprietary hardware interfaces. ii. Logical network routers shall have the capability of forwarding and blocking messages relevant for each segment of the network in order to maximize network traffic capabilities. iii. A maximum of one (1) physical layer repeater is allowed per segment in order to extend the length of the segment. The maximum number of nodes on the segment shall not exceed the defined limits including future expansion limits. iv. A network interface shall be provided at each connectivity point to a host computer. The network interface shall be configured in the same manner as any other device on the network. No Master/Slave interfaces are allowed to reduce the potential for single point of failure and heavy traffic loading. V. Network Management 1. All devices on the network shall be installed by a single, common, network management tool. 2. Network management tools shall create one common network database for all devices within the domain (system). An accurate, up to date copy of the network management database shall be delivered on optical media at contract sign off. 3. The network management tool shall run on a Windows PC and be provided with the current software version. A fully licensed version of the software shall be conveyed at contract sign -off including any license keys or software security. The software shall be the property of the owner. All rights to use the software shall be properly conveyed to the owner. 4. Provide a computer system which shall properly and fully run the network management software, store the network database, and provide full configuration capability of all devices on the network. SP 17 OF 53 5. Complex application specific devices shall be configured using a network management software plugin in order to improve the commissioning time of each device. VI. User Interfaces Contractor shall provide an operator workstation (PC) running a current version of the Windows Operating Systems. A keyboard and minimum 24" flat screen color monitor shall be included. 1. The operator workstation shall have the ability to monitor, control, diagnose, and display all data as defined in the points list. Capabilities shall be indicated as: Monitored, Controlled, Displayed, Trended, Alarmed, Override, or Reported. As a minimum, the graphical webpage interface will include the following: Home page with main navigation menu; Floor plans showing all zoning and sensor locations; Typical VAV box graphic; Typical AHU graphic; Hot water system graphic; Chilled water system graphic. 2. All host computer software shall be fully licensed. Software shall include original Optical Media of each application. All applications shall be property of the City. All software keys, licenses, dongles, etc. shall be conveyed at contract sign off. 3. Host software shall not have a closed (non -open) interface to any hardware. No explicitly addressed communication will be allowed. All communication to devices shall follow industry open standards. No vendor lock -in will be allowed. 4. The contractor shall prove and verify that all host software to hardware communication is open and interoperable to the satisfaction of the owner/engineer, 5. The graphical user interface shall be web based and cross browser compatible. VII. IP and Enterprise Connectivity 1. The control network shall interface and connect to the data network using industry standard interfaces. No proprietary closed interfaces will be allowed. 2. Data connections from the control network to the data network shall use standard protocol tunneling mechanisms to ensure data integrity. Protocol translators that modify the data values, ranges, resolutions, will not be accepted. 3. The Contractor shall supply all necessary data network elements needed to ensure a fully functioning system including tunneling routers, network interfaces, firewalls, switches, IP routers. 4. The Contractor shall interface with City's IT personnel to define any and all IP needs for this system. SP 18 OF 53 5. Connectivity to the enterprise network shall ensure data integrity, reliability, performance, and security. The Contractor shall interface with the City's personnel to ensure system functionality. Details of the enterprise and data network requirements are defined in a separate section of this specification. Vill. Network Reliability 1, Provide a comprehensive analysis of all control networking capabilities showing that all communication is in acceptable ranges. Provide a network analysis summary for each channel for a typical 24-hour period during system full operation showing that all communication is within acceptable limits and that there are no network sizing issues, device communication issues, wiring issues, or bandwidth issues. 2. Deliver a fully licensed network analysis tool, as part of the system, with completed documentation and demonstration on its use. IX. Security 1. The system shall employ a high degree of network security in order to prevent tampering. 2. Control Network i. Each controller on the control network shall incorporate a network security algorithm at the protocol layers such as message authentication or message encryption. ii. Devices with high degree of security shall have the option to have their security feature enabled. Other devices shall have the option to turn off their security process in order to improve system performance. iii. The system detailed points list shall define which network communication elements shall employ the communication security. 3. Data Network The data network shall follow standard Ethernet TCP/IP security protocol options such as firewalls, ND5, HTTPS, secure socket layer and more. Refer to the data network requirements. X. Warranty 1. The contractor shall provide a full and complete system warranty (non - prorated, parts & labor) for a period of one (1) year commencing after final project sign off. 2. Contractor warranty shall provide full system functionality, parts replacement, labor, software and hardware upgrades necessary in to ensure full system functionality during the warranty period. SP 19 OF 53 XI. Support 1. Contractor shall provide full telephone support for the warranty period without additional cost. XII. Serviceability The contractor shall provide a fully serviceable system with complete access to all system components, controllers, sensors, actuators, panels, wiring junction boxes. All elements of the system must be accessible by City staff. Ensure all cabinets, enclosures, and installations are accessible without hindrance. Provide all cabinet keys with clear indications to their location. No contractor or vendor proprietary service tools will be allowed. All service tools shall be included as part of this bid. XIII.Training 1. Training shall be provided on the full operation of the control system. 2. Training shall be provided for all network management, commissioning tools, and network diagnostic and analysis tools. 3. Training shall be provided on the system architecture, basic protocol capabilities, and servicing of the system. 4. Training shall be provided on all device configuration and programming tools. XIV. Integrator Qualifications The network system integrator shall be Certified System Integrator according to published proficiency requirements and industry best practices. Integration contractor shall provide a copy of their credentials. The network system integrator shall employ at least two Certified Professionals. Provide the credentials of at least two employees who will be responsible for this project. Credentials shall demonstrate industry best practices for proficiency in the core networking technology provided and shall be up to date. Provide training certificates from key personnel responsible for this project showing class taken and completion date. Provide professional resumes for all key personnel responsible for this project. SP 20 OF 53 Provide at least two similar prior job examples demonstrating a competent level of knowledge, proficiency, and experience. Integrator shall be fully licensed to perform the intended work. Provide a copy of any and all relevant contractor licenses. XV. System Functionality 1. Deliver a fully functioning, complete, serviceable system. 2. All devices shall be fully programmed, balanced, and commissioned and all systems and subsystems shall be demonstrated to be fully operational. DDC Controlled Equipment and Points List Listed below are the minimum acceptable number of input & output points to be present in the completed controls retrofit. VAV's AM has a total of 46 VAV's, all with hot water reheat. AH2 has a total of 40 VAV's, all with hot water reheat. There are a total of 31 space sensors assigned for AHI's VAV's (some VAV's are slaved off of a common space sensor). There are a total of 34 space sensors assigned for AH2 VAV's. Inputs: Space temperature (10k/3) Discharge temperature (10k/3) CFM (on board flow sensor) Outputs: Damper actuator (floating) (provide new) Reheat control valve (floating) Airhandlers, Chilled water, Hot water system Inputs: AM supply air temperature (10k/3) AH1 mixed air temperature (10k/3) AM return air temperature (10k/3) AM return air RH (4-20ma) AHI duct static pressure (4-20ma) AHI/SFI fan status SP 21 OF 53 AHI/RF1 fan status AM building pressure (4-20ma) AH1/SF1 smoke detector AH1/RFI smoke detector AH2 supply air temperature (10k/3) AH2 mixed air temperature (10k/3) AH2 return air temperature (10k/3) AH2 return air RH (4-20ma) AH2 duct static pressure (4-20ma) AH21SF2 fan status AH2/RF2 fan status AH2 building pressure (4-20ma) AH2/SF2 smoke detector AH2/RF2 smoke detector Chiller Supply Water Temperature Chiller Return Water Temperature Chiller Suction Temperature — Circuit A Chiller Suction Temperature — Circuit B Chiller Discharge Temperature — Circuit A Chiller Discharge Temperature — Circuit B Chiller Suction Pressure — Circuit A Chiller Suction Pressure — Circuit B Chiller Discharge Pressure — Circuit A Chiller Discharge Pressure — Circuit B Chiller Alarm Computer Room Alarm Computer Room space temperature Heat pump I Status Heat pump 2 Status Heat pump 3 Status Heat pump 1&2 Space temperature (10k/3) Halon Prealarm Hot water supply temperature (10k/3) Hot water return temperature (10k/3) Boiler alarm Hot water pump 1 status Hot water pump 2 status Chilled water pump 3 status Chilled water pump 4 status Sump Alarm Photocell Outside air temperature (10k/3) Outside air RH (4-20ma) Note: Chiller temperature and pressure inputs will require temperature sensors and pressure transducers. SP 22 OF 53 Outputs: AM SFI Start/stop AM RFI Start/stop AHI SF speed signal (2-10vdc/4-20ma) AW RF1 speed signal (2-10vdc/4-20ma) AHI chilled water valve (2-10vdc) AM hot water valve (2-10vdc) AHI mixed air damper (2-10vdc) AH2 SF2 Start/stop AH2 RF2 Start/stop AH2 SF2 speed signal (2-10vdc/4-20ma) AH2 RF2 speed signal (2-10vdc/4-20ma) AH2 chilled water valve (2-10vdc) AH2 hot water valve (2-10vdc) AH2 mixed air damper (2-10vdc) Boiler start/stop Chiller start/stop Chiller setpoint Chiller demand limit EF3 start/stop EF4 start/stop EF5 start/stop EF6 start/stop EF8 start/stop Hot water pump 1 start/stop Hot water pump 2 start/stop Chilled water pump 3 start/stop Chilled water pump 4 start/stop Exterior lights On Contactor on photocell Exterior tights Off Contactor on photocell Exterior lights On Contactor on schedule Exterior lights Off Contactor on schedule F� GZf1M IMAIN 7> i SP 23 OF 53 SECTION 230593 - TESTING, ADJUSTING, AND BALANCING FOR HVAC PART 1GENERAL 1.RELATED DOCUMENTS a.Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 2.SUMMARY a.Section Includes: 1)Balancing Air Systems: a)Variable-air-volume systems. b)Exhaust air systems 2)Balancing Hydronic Piping Systems: a)Constant-flow hydronic systems. a.AABC: Associated Air Balance Council. b.NEBB: National Environmental Balancing Bureau. c.TAB: Testing, adjusting, and balancing. d.TABB: Testing, Adjusting, and Balancing Bureau. e.TAB Specialist: An entity engaged to perform TAB Work. Clti{ixft T ' i i a.Qualification Data: Within 30 days of Contractor's Notice to Proceed, submit documentation that the TAB contractor 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. SP 24 OF 53 c.Strategies and Procedures Plan: Within BO days of Contractor's Notice to Proceed, submit TAB strategies and step-by-step procedures as specified in "Preparation" Article. d.Certified TAB reports. e.Sampie report forms. f.lnstrument calibration reports, to include the following: 1)lnstrument type and make. 2)Serial number. 3)Application. 4)Dates of use. 5)Dates of calibration. 5.QUALITY ASSURANCE a.TAB Contractor Qualifications: Engage a TAB entity certified by AABC, NEBB or TABB. 1)TAB Field Supervisor: Employee of the TAB contractor and certified by AABC, NEBB or TABB. 2)TAB Technician: Employee of the TAB contractor and who is certified by AABC, NEBB or TABB as a TAB technician. b.TAB Conference: Meet with Engineer and Commissioning Authority on approval of the TAB strategies and procedures plan to develop a mutual understanding of the details. Require the participation of the TAB field supervisor and technicians. Provide seven days' advance notice of scheduled meeting time and location. 1)Agenda Items: a)The Contract Documents examination report. b)The TAB plan. c)Coordination and cooperation of trades and subcontractors. d)Coordination of documentation and communication flow. c.Certify TAB field data reports and perform the following: 1)Review field data reports to validate accuracy of data and to prepare certified TAB reports. 2)Certify that the TAB team complied with the approved TAB plan and the procedures specified and referenced in this Specification. d.TAB Report Forms: Use standard TAB contractor's forms approved by Owner's Representative and Commissioning Authority e.lnstrumentation Type, Quantity, Accuracy, and Calibration: As described in ASNRAE 111, Section 5, "Instrumentation." SP 25 OF 53 f.ASHRAE Compliance: Applicable requirements in ASHRAE 62.1, Section 7.2.2 - "Air Balancing." g.ASHRAE/IESNA Compliance: Applicable requirements in ASHRAE/IESNA 90.1, Section 6.7.2.3 - "System Balancing." . '';1t1�ii�i7i7i•(>r7��Ealie( a.Fuil 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. a.Notice: Provide seven days' advance notice for each test. Include scheduled test dates and times. b.Perform TAB after leakage and pressure tests on air and water distribution systems have been satisfactorily completed. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION 13AB SPECIALISTS a.Subject to compliance with requirements, engage one of the following: 1)Contractor to be provided. 2.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 systems for installed 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 accessible. c.Examine the approved submittals for HVAC systems and equipment. SP 26 OF 53 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 ceiling plenums and underfloor air plenums used for supply, return, or relief air to verify that they meet the leakage class of connected ducts. Comply with SMACNA's "HVAC Air Duct Leakage Test Manual." Verify that penetrations in plenum walls are sealed and fire -stopped if required. f.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. g.Examine system and equipment installations and verify that field quality -control testing, cleaning, and adjusting specified in individual Sections have been performed, h.Examine test reports specified in individual system and equipment Sections. i.Examine HVAC equipment and filters and verify that bearings are greased, belts are aligned and tight, and equipment with functioning controls is ready for operation. j.Examine terminal units, such as variable -air -volume boxes, and verify that they are accessible and their controls are connected and functioning, k.Examine strainers. Verify that startup screens are replaced by permanent screens with indicated perforations. (.Examine three-way valves for proper installation for their intended function of diverting or mixing fluid flows. m. Examine heat -transfer coils for correct piping connections and for clean and straight fins. n.Examine system pumps to ensure absence of entrained air in the suction piping. o.Examine operating safety interlocks and controls on HVAC equipment. p.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. SP 27 OF 53 3.PREPARATION a. Prepare a TAB plan that includes strategies and step-by-step procedures. b.Complete system -readiness checks and prepare reports. Verify the following: 1)Permanent electrical -power wiring is complete. 2)Hydronic systems are filled, clean, and free of air. 3)Automatic temperature -control systems are operational. 4)Equipment and duct access doors are securely closed. 5)Balance, smoke, and fire dampers are open. 6)isolating and balancing valves are open and control valves are operational. 7)Ceilings are installed in critical areas where air -pattern adjustments are required and access to balancing devices is provided. 8)Windows and doors can be closed so indicated conditions for system operations can be met. Perform testing and balancing procedures on each system according to the procedures contained in AABC's "National Standards for Total System Balance" or NEBB's "Procedural Standards for Testing, Adjusting, and Balancing of Environmental Systems" or SMACNA's "HVAC Systems - Testing, Adjusting, and Balancing" and in this Section. 1)Comply with requirements in ASHRAE 62.1, Section 7.2.2 - "Air Balancing." b.Cut insulation, ducts, pipes, and equipment cabinets for installation of test probes to the minimum extent necessary for TAB procedures. 1)After testing and balancing, patch probe holes in ducts with same material and thickness as used to construct ducts. 2)After testing and balancing, install test ports and duct access doors 3)lnstall and join new insulation that matches removed materials. c.Mark equipment and balancing devices, including damper -control positions, valve position indicators, fan -speed -control levers, and similar controls and devices, with paint of other suitable, permanent identification material to show final settings. d.Take and report testing and balancing measurements in inch -pound (IP) units. 5.GENERAL PROCEDURES FOR BALANCING AIR SYSTEMS a.Prepare test reports for both fans and outlets. Obtain manufacturer's outlet factors and recommended testing procedures. Crosscheck the summation of required outlet volumes with required fan volumes. b.Prepare schematic diagrams of systems' "as -built" duct layouts. SP 28 OF 53 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. (.Verify that air duct system is sealed. &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, a)Where sufficient space in ducts is unavailable for Pitot -tube traverse measurements, measure airflow at terminal outlets and inlets and calculate the total airflow. 2)Measure fan static pressures as follows to determine actual static pressure: a)Measure outlet static pressure as far downstream from the fan as practical and upstream from restrictions in ducts such as elbows and transitions. b)Measure static pressure directly at the fan outlet or through the flexible connection. c)Measure inlet static pressure of single -inlet fans in the inlet duct as near the fan as possible, upstream from the flexible connection, and downstream from duct restrictions. d)Measure inlet static pressure of double -inlet fans through the wall of the plenum that houses the fan. 3)Measure static pressure across each component that makes up an air -handling unit, rooftop unit, and other air -handling and -treating equipment. a)Report the cleanliness status of filters and the time static pressures are measured. SP 29 OF 53 4)Measure static pressures entering and leaving other devices, such as sound traps under final balanced conditions. 5)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. 6)Obtain approval from Engineer for adjustment of fan speed higher or lower than indicated speed. Comply with requirements in HVAC Sections for air -handling units for adjustment of fans, belts, and pulley sizes to achieve indicated air - handling -unit performance. 7)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 will occur. 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 within specified tolerances. 1)Measure airflow of submain and branch ducts. a)Where sufficient space in submain and branch ducts is unavailable for Pitot - tube traverse measurements, measure airflow at terminal outlets and inlets and calculate the total airflow for that zone. 2)Measure static pressure at a point downstream from the balancing damper, and adjust volume dampers until the proper static pressure is achieved. 3)Remeasure each submain and branch duct after all have been adjusted. Continue to adjust submain and branch ducts to indicated airflows within specified tolerances. c.Measure air outlets and inlets without making adjustments. 1)Measure terminal outlets using a direct -reading hood or outlet manufacturer's written instructions and calculating factors, d.Adjust air outlets and inlets for each space to indicated airflows within specified tolerances of indicated values. Make adjustments using branch volume dampers rather than extractors and the dampers at air terminals. 1)Adjust each outlet in same room or space to within specified tolerances of indicated quantities without generating noise levels above the limitations prescribed by the Contract Documents. 2)Adjust patterns of adjustable outlets for proper distribution without drafts. 7.PROCEDURES FOR VARIABLE -AIR -VOLUME SYSTEMS a.Compensating for Diversity: When the total airflow of ail terminal units is more than the indicated airflow of the fan, place a selected number of terminal units at minimum set - point airflow with the remainder at maximum -airflow condition until the total airflow of the terminal units equals the indicated airflow of the fan. Select the reduced -airflow terminal units so they are distributed evenly among the branch ducts. SP 30 OF 53 b.Pressured ndependent, Variable -Air -Volume Systems: After the fan systems have been adjusted, adjust the variable -air -volume systems as follows: 1)Set outdoor -air dampers at minimum, and set return- and exhaust -air dampers at a position that simulates full -cooling load. 2)Select the terminal unit that is most critical to the supply -fan airflow and static pressure. Measure static pressure. Adjust system static pressure 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. 3)Measure total system airflow. Adjust to within indicated airflow. 4)Set terminal units at maximum airflow and adjust controller or regulator to deliver the designed maximum airflow. Use terminal -unit manufacturer's written instructions to make this adjustment. When total airflow is correct, balance the air outlets downstream from terminal units the same as described for constant -volume air systems. 5)Set terminal units at minimum airflow and adjust controller or regulator to deliver the designed minimum airflow. Check air outlets for a proportional reduction in airflow the same as described for constant -volume air systems, a)lf air outlets are out of balance at minimum airflow, report the condition but leave outlets balanced for maximum airflow. 6)Remeasure the return airflow to the fan while operating at maximum return airflow and minimum outdoor airflow. a)Adjust the fan and balance the return -air ducts and inlets the same as described for constant -volume air systems. 7)Measure static pressure at the most critical terminal unit and adjust the static - pressure controller at the main supply -air sensing station to ensure that adequate static pressure is maintained at the most critical unit. 8)Record final fan -performance data. c.Pressure-Dependent, Variable -Air -Volume Systems without Diversity: After the fan systems have been adjusted, adjust the variable -air -volume systems as follows: 1)Balance variable -air -volume systems the same as described for constant -volume air systems. 2)Set terminal units and supply fan at full -airflow condition. 3)Adjust inlet dampers of each terminal unit to indicated airflow and verify operation of the static -pressure controller. When total airflow is correct, balance the air outlets downstream from terminal units the same as described for constant - volume air systems. 4)Readjust fan airflow for final maximum readings. 5)Measure operating static pressure at the sensor that controls the supply fan if one is installed, and verify operation of the static -pressure controller. 6)Set supply fan at minimum airflow if minimum airflow is indicated. Measure static pressure to verify that it is being maintained by the controller. SP 31 OF 53 7)Set terminal units at minimum airflow and adjust controller or regulator to deliver the designed minimum airflow. Check air outlets for a proportional reduction in airflow the same as described for constant -volume air systems. a)if air outlets are out of balance at minimum airflow, report the condition but leave the outlets balanced for maximum airflow. 8)Measure the return airflow to the fan while operating at maximum return airflow and minimum outdoor airflow. a)Adjust the fan and balance the return -air ducts and inlets the same as described for constant -volume air systems. d.Pressure-Dependent, Variable -Air -Volume Systems with Diversity: After the fan systems have been adjusted, adjust the variable -air -volume systems as follows: 1)Set system at maximum indicated airflow by setting the required number of terminal units at minimum airflow. Select the reduced -airflow terminal units so they are distributed evenly among the branch ducts. 2)Adjust supply fan to maximum indicated airflow with the variable -airflow controller set at maximum airflow. 3)Set terminal units at full -airflow condition. 4)Adjust terminal units starting at the supply -fan end of the system and continuing progressively to the end of the system. Adjust inlet dampers of each terminal unit to indicated airflow. When total airflow is correct, balance the air outlets downstream from terminal units the same as described for constant -volume air systems. 5)Adjust terminal units for minimum airflow. 6)Measure static pressure at the sensor. 7)Measure the return airflow to the fan while operating at maximum return airflow and minimum outdoor airflow. Adjust the fan and balance the return -air ducts and inlets the same as described for constant -volume air systems. &GENERAL PROCEDURES FOR HYDROhlIC SYSTEMS a.Prepare test reports with pertinent design data, and number in sequence starting at pump to end of system. Check the sum of branch -circuit flows against the approved pump flow rate. Correct variations that exceed plus or minus 5 percent. b.Prepare schematic diagrams of systems' "as -built" piping layouts, c.Prepare hydronic systems for testing and balancing according to the following, in addition to the general preparation procedures specified above: 1)Open all manual valves for maximum flow. 2)Check liquid level in expansion tank. 3)Check makeup water -station pressure gage for adequate pressure for highest vent. 4)Check flow -control valves for specified sequence of operation, and set at indicated flow. SP 32 OF 53 5)Set differential -pressure control valves at the specified differential pressure. Do not set at fully closed position when pump is positive -displacement type unless several terminal valves are kept open. 6)Set system controls so automatic valves are wide open to heat exchangers. 7)Check pump -motor load. If motor is overloaded, throttle main flow -balancing device so motor nameplate rating is not exceeded. 8)Check air vents for a forceful liquid flow exiting from vents when manually operated. 9.PROCEDURES FOR CONSTANT -FLOW HYDRONIC SYSTEMS a.Measure water flow at pumps. Use the following procedures except for positive - displacement pumps: 1)Verify impeller size by operating the pump with the discharge valve closed. Read pressure differential across the pump. Convert pressure to head and correct for differences in gage heights. Note the point on manufacturer's pump curve at zero flow and verify that the pump has the intended impeller size. a)lf impeller sizes must be adjusted to achieve pump performance, obtain approval from Engineer. b)Check system resistance. With all valves open, read pressure differential across the pump and mark pump manufacturer's head -capacity curve. Adjust pump discharge valve until indicated water flow is achieved. c)Monitor motor performance during procedures and do not operate motors in overload conditions. 2)Verify pump -motor brake horsepower. Calculate the intended brake horsepower for the system based on pump manufacturer's performance data. Compare calculated brake horsepower with nameplate data on the pump motor. Report conditions where actual amperage exceeds motor nameplate amperage. 3)Report flow rates that are not within plus or minus 10 percent of design. b.Measure flow at all automatic flow control valves to verify that valves are functioning as designed. c.Measure flow at all pressure -independent characterized control valves, with valves in fully open position, to verify that valves are functioning as designed, d.Set calibrated balancing valves, if installed, at calculated presettings. e.Measure flow at all stations and adjust, where necessary, to obtain first balance. 1)System components that have Cv rating or an accurately cataloged flow -pressure - drop relationship may be used as a flow -indicating device. f.Measure flow at main balancing station and set main balancing device to achieve flow that is 5 percent greater than indicated flow. SP 33 OF 53 g.Adjust balancing stations to within specified tolerances of indicated flow rate as follows: 1)Determine the balancing station with the highest percentage over indicated flow. 2)Adjust each station in turn, beginning with the station with the highest percentage over indicated flow and proceeding to the station with the lowest percentage over indicated flow. 3)Record settings and mark balancing devices. h.Measure pump flow rate and make final measurements of pump amperage, voltage, rpm, pump heads, and systems' pressures and temperatures including outdoor -air temperature. i.Measure the differential -pressure -control -valve settings existing at the conclusion of balancing. j.Check settings and operation of each safety valve. Record settings. 10.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. 11.1PROCEDURES FOR MOTORS a.Motors, 112 HP and Larger: Test at final balanced conditions and record the following data: 1)Manufacturer's name, model number, and serial number. 2)Motor horsepower rating. 3)Motor rpm. 4)Efficiency rating. 5)Nameplate and measured voltage, each phase. 6)Nameplate and measured amperage, each phase. 7)Starter thermal -protection -element rating. b.Motors Driven by Variable -Frequency Controllers: Test for proper operation at speeds varying from minimum to maximum. Test the manual bypass of the controller to prove proper operation. Record observations including name of controller manufacturer, model number, serial number, and nameplate data. 12.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: SP 34 OF 53 1)Evaporator-water entering and leaving temperatures, pressure drop, and water flow. 2)Evaporator and condenser refrigerant temperatures and pressures, using instruments furnished by chiller manufacturer. 3)Power factor if factory -installed instrumentation is furnished for measuring kilowatts. 4)Kilowatt input if factory -installed instrumentation is furnished for measuring kilowatts. 5)Capacity: Calculate in tons of cooling. 6)For air-cooled chillers, verify condenser -fan rotation and record fan and motor data including number of fans and entering- and leaving -air temperatures. 7)Measure flow through bypass. 13.PROCEDURES FOR BOILERS a.Hydronic Boilers: Measure and record entering- and leaving -water temperatures and water flow. 14.PROCEDURES FOR HEAT -TRANSFER COILS a.Measure, adjust, and record the following data for each water coil: 1)Entering- and leaving -water temperature. 2)Water flow rate. 3)Water pressure drop. 4)Dry-bulb temperature of entering and leaving air. 5)Wet-bulb temperature of entering and leaving air for cooling coils. 6)Airflow. 7)Air pressure drop. b.Measure, adjust, and record the following data for each refrigerant coil: 1)Dry-bulb temperature of entering and leaving air. 2)Wet-bulb temperature of entering and leaving air. 3)Airflow. 4)Air pressure drop. 5)Refrigerant suction pressure and temperature. 15PROCEDURES 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. SP 35 OF 53 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. 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)lf calculations increase or decrease the air flow 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. W -2-031141M., 1161K.9 a.Set HVAC system's air flow 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. 1TREPORTING a.lnitial 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 weekly progress reports to describe completed procedures, procedures in progress, and scheduled procedures, Include a list of deficiencies and SP 36 OF 53 problems found in systems being tested and balanced. Prepare a separate report for each system and each building floor for systems serving multiple floors. 18.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. 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)Fieid 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 contractor. 3)Project name. 4)Project location. 5)Engineer's name and address. 6)Contractor's name and address. 7)Report date. 8)Signature of TAB supervisor who certifies the report. 9)Table of Contents with the total number of pages defined for each section of the report. Number each page in the report. 10)Summary of contents including the following: a)Indicated versus final performance. b)Notabie characteristics of systems. c)Description of system operation sequence if it varies from the Contract Documents. 11)Nomenclature sheets for each item of equipment. 12)Data for terminal units, including manufacturer's name, type, size, and fittings. 13)Notes to explain why certain final data in the body of reports vary from indicated values. 14)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. SP 37 OF 53 e)Fan drive settings including settings and percentage of maximum pitch diameter. f)Inlet vane settings for variable -air -volume systems. g)Seftings 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 flow rates. 3)Duct, outlet, and inlet sizes. 4)Pipe and valve sizes and locations. 5)Terminal units, 6)Balancing stations. 7)Position of balancing devices. e.Air-Handling-Unit Test Reports: For air -handling units with coils, include the following: 1)Unit Data: a)Unit identification. b)Location. c)Make and type. d)Model number and unit size, e)Manufacturer's serial number. f)Unit arrangement and class. g)Discharge arrangement. h)Sheave make, size in inches and bore. i)Center-to-center dimensions of sheave, and amount of adjustments in inches. j)Number, make, and size of belts. k)Number, type, and size of filters, 2)Motor Data: a)Motor make, and frame type and size. b)Horsepower and rpm. c)Voits, phase, and hertz. d)Full-load amperage and service factor. e)Sheave make, size in inches, and bore. f)Center-to-center dimensions of sheave, and amount of adjustments in inches. 3)Test Data (Indicated and Actual Values): a)Total air flow rate in cfm. b)Totai system static pressure in inches wg. c)Fan rpm, d)Discharge static pressure in inches wg. e)Filter static -pressure differential in inches wg. f)Preheat-coil static -pressure differential in inches wg. g)Cooling-coil static -pressure differential in inches wg. SP 38 OF 53 h)Heating-coil static -pressure differential in inches wg, i)Outdoor airflow in cfm. j)Return airflow in cfm. k)Outdoor-air damper position. I)Return-air damper position. m)Vortex damper position. f.Apparatus-Coil Test Reports: 1)Coil Data: a)System identification. b)Location. c)Coii type. d)Number of rows. e)Fin spacing in fins per inch o.c. f)Make and model number. g)Face area in sq. ft. h)Tube size in NPS. i)Tube and fin materials. j)Circuiting arrangement. 2)Test Data (Indicated and Actual Values): a)Air flow rate in cfm. b)Average face velocity in fpm. c)Air pressure drop in inches wg. d)Outdoor-air, wet- and dry-bulb temperatures in deg F. e)Return-air, wet- and dry-bulb temperatures in deg F. f)Entering-air, wet- and dry-bulb temperatures in deg F. g)Leaving-air, wet- and dry-bulb temperatures in deg F. h)Water flow rate in gpm. i)Water pressure differential in feet of head or psig. j)Entering-water temperature in deg F . k)Leaving-water temperature in deg F. I)Refrigerant expansion valve and refrigerant types. m)Refrigerant suction pressure in psig, n)Refrigerant suction temperature in deg F. g.Fan Test Reports: For supply, return, and exhaust fans, include the following: 1)Fan Data: a)System identification. b)Location. c)Make and type. d)Model number and size. e)Manufacturer's serial number. f)Arrangement and class. g)Sheave make, size in inches, and bore. h)Center-to-center dimensions of sheave, and amount of adjustments in inches. SP 39 OF 53 2)Motor Data: a)Motor make, and frame type and size, b)Horsepower and rpm, c)Volts, phase, and hertz. d)Full-load amperage and service factor. e)Sheave make, size in inches, and bore. #)Center -to -center dimensions of sheave, and amount of adjustments in inches. g)Number, make, and size of belts. 3)Test Data (Indicated and Actual Values): a)Total airflow rate in cfm. b)Total system static pressure in inches wg. c)Fan rpm. d)Discharge static pressure in inches wg. e)Suction static pressure in inches wg. h.Round, Flat -Oval, and Rectangular Duct Traverse Reports: Include a diagram with a grid representing the duct cross-section and record the following: 1)Report Data: a)System and air -handling -unit number, b)Location and zone. c)Traverse air temperature in deg F. d)Duct static pressure in inches wg. e)Duct size in inches. f)Duct area in sq. ft. g)Indicated air flow rate in cfm. h)Indicated velocity in fpm, i)Actuai air flow rate in cfm. j)Actual average velocity in fpm. k)Barometric pressure in psig . i.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. #)Number from system diagram. g)Type and model number. h)Size. i)Effective area in sq. ft. 2)Test Data (indicated and Actual Values): SP 40 OF 53 a)Air flow rate in cfm, b)Air velocity in fpm. c)Preliminary air flow rate as needed in cfm. d)Preliminary velocity as needed in fpm, e)Final air flow rate in cfm. f)Final velocity in fpm. g)Space temperature in deg F. j.System-Coil Reports: For reheat coils and water coils of terminal units, include the following: 1)Unit Data: a)System and air -handling -unit identification. b)Location and zone. c)Room or riser served. d)Coit make and size, e)Flow meter type. 2)Test Data (Indicated and Actual Values): a)Air flow rate in cfm. b)Entering-water temperature in deg F. c)Leaving-water temperature in deg F. d)Water pressure drop in feet of head or psig. e)Entering-air temperature in deg F. f)Leaving-air temperature in deg F. k.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. g)Water pressure differential in feet of head or psig. h)Required net positive suction head in feet of head or psig. i)Pump rpm. j)lmpeller diameter in inches. k)Motor make and frame size. ()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): SP 41 OF 53 a)Static head in feet of head or psig. b)Pump shutoff pressure in feet of head or psig. c)Actual impeller size in inches. d)Full-open flow rate in gpm. e)Full-open pressure in feet of head or psig. f)Final discharge pressure in feet of head or psig. g)Final suction pressure in feet of head or psig. h)Final total pressure in feet of head or psig. i)Final water flow rate in gpm. j)Voltage at each connection. k)Amperage for each phase. (.Instrument Calibration Reports: a)Instrument type and make. b)Serial number. c)Application. d)Dates of use. e)Dates of calibration. MINSPECTIONS a.l nitial Inspection: 1)After testing and balancing are complete, operate each system and randomly check measurements to verify that the system is operating according to the final test and balance readings documented in the final report. 2)Check the following for each system: a)Measure airflow of at least 20 percent of air outlets. b)Measure water flow of at least 15 percent of terminals. c)Measure room temperature at each thermostat/temperature sensor. Compare the reading to the set point. d)Verify that balancing devices are marked with final balance position. e)Note deviations from the Contract Documents in the final report. b.Final Inspection: 1)After initial inspection is complete and documentation by random checks verifies that testing and balancing are complete and accurately documented in the final report, request that a final inspection be made by Engineer. 2)The TAB contractor's test and balance engineer shall conduct the inspection in the presence of Engineer. 3)Engineer 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. SP 42 OF 53 4)tf 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." 5)lf 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. c.TAB Work will be considered defective if it does not pass final inspections. If TAB Work fails, proceed as follows: 1)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)lf the second final inspection also fails, Owner may contract the services of another TAB contractor to complete TAB Work according to the Contract Documents and deduct the cost of the services from the original TAB contractor's final payment. d.Prepare test and inspection reports. a.Within 90 days of completing TAB, perform additional TAB to verify that balanced 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 SECTION 019113 - GENERAL COMMISSIONING REQUIREMENTS PART 1 - General 1.1 Summary A. Work includes the completion of formal commissioning procedures on HVAC systems and lighting controls. SP 43 OF 53 B. Commissioning is defined as the process of verifying that the design, installation, functional performance, and maintenance requirements of selected building systems meet or exceed the specified design criteria and therefore satisfies the City's Project Requirements. C. Commissioning during construction and acceptance phases is intended to achieve following objectives: 1. Verify and document equipment is installed and started per manufacturer's recommendations and to industry accepted minimum standards. 2. Verify and document equipment and systems receive complete operational checkout by installing contractors. 3. Verify and document equipment and system performance. 4. Verify completeness of operations and maintenance materials. 5. Ensure City's operating personnel are trained on operation and maintenance of building equipment. D. The commissioning process includes work and services throughout the project schedule, and is not just the functional performance testing during the Construction Phase. E. Contractor shall be responsible for participation in the commissioning process as outlined below, and in subsequent sectional references and attachments throughout the project documents. F. Commissioning process does not take away from or reduce responsibility of the system designers or installing contractors to provide finished and fully functioning product. G. Commissioning procedures will be designed and coordinated under the direction of the Commissioning Authority (CA). 1.2 Coordination A. Commissioning Team. 1. Commissioning Authority (CA) 2. Engineer 3. General Contractor/ Construction Manager (C) 4. Subcontractors (Subs) 5. Manufacturer's Rep resentatives/Vendors 6. Mechanical Contractor (MC)1 Electrical Contractor (EC) 7. Test and Balance (TAB) Contractor 8. Controls Contractor (CC) 9. Installing subcontractors B. Management, 1. Commissioning Authority (CA): a. Under contract with the City. b. Manages commissioning process with assistance of Commissioning Team: Contractor and Subcontractors. C. Scheduling: CA to work with Engineer, C and Sub's to schedule commissioning activities. SP 44 OF 53 1. Contractor (C) to integrate commissioning activities into master construction schedule. 2. Involved parties to address scheduling issues in timely manner to expedite commissioning process. 1.3 Commissioning Process A. Following activities describe commissioning tasks coordinated by CA and C during construction in order of occurrence. 1. Scoping Meeting: Members of design and construction team involved in commissioning process meet and agree on scope of work, tasks, schedules, deliverables, and responsibilities for implementation of Commissioning Plan. 2. Commissioning Plan: Provides guidance in execution of commissioning process. a, Project Manual (specification) takes precedence over Commissioning Plan. 3. Submittals: Equipment documentation submitted to CA during normal submittals, including detailed startup procedures. 4. Functional Performance Testing: CA develops specific equipment and system functional performance test procedures. a. Contractor and Sub's review procedures. b. C and Sub's execute procedures under direction of, and documented by, CA. 5. Deficiencies and Resolution: CA documents items of non-compliance in materials, installation or operation. a. Items are corrected at C or Sub's expense and equipment or systems are retested, 6. Training: CA reviews and coordinates training provided by C and Sub's and verifies it is completed. 7. Seasonal Testing: Deferred or seasonal testing is conducted, as required. 1.4 COMMISSIONING RESPONSIBILITIES A. Services for Engineer are not a part of this contract. 1. Responsibilities are listed here to clarify commissioning process. See also, responsibility table included at end of this section. S. Commissioning Authority (CA): 1. Primary Role: Develop and coordinate execution of testing plan to verify and document systems are functioning in accordance with design intent and Construction Documents. 2. May assist with problem -solving deficiencies, but ultimately that responsibility reside with Contractor (C) and Sub -contractors (Sub's). 3. Not responsible for design concept, design criteria, code compliance, general construction scheduling, cost estimating, or construction management. 4. Construction and Acceptance Phase: a. Coordinate and direct commissioning activities. b. Work with C and Sub's to ensure commissioning activities are scheduled. c. Maintain up-to-date Commissioning Plan_ d. Help plan and conduct commissioning scoping meeting and controls integration meetings. e. Request and review additional information required to perform commissioning tasks, including sequences of operation. SP 45 OF 53 f. Review Contractor submittals applicable to commissioned systems, concurrent with City's reviews. g. Perform site visits to observe component and system installations. h. Write functional performance test procedures for equipment and systems. L Coordinate, witness, and document functional performance tests completed by sub's. 1) Coordinate retesting as necessary until satisfactory performance is verified. j. Maintain master deficiency and resolution record, and provide Engineer with written progress reports and test results with recommended actions. k. Review training proposed by sub's for City's operating personnel. 1. Review O&M manuals. m. Prepare Final Commissioning Report, C. Engineer: 1. Construction and Acceptance Phase: a. Plan/Attend commissioning scoping meeting, controls integration meeting and additional meetings, as necessary b. Provide design intent and sequence of operation documentation as required by CA. C. Assist in resolution of system deficiencies identified during commissioning. d. Review and approve operations and maintenance manuals (O&M). e. Witness equipment startup and performance testing. f. Construction and Acceptance Phase: g. Arrange for facility operating and maintenance personnel to participate in commissioning activities and training sessions. h. Provide final acceptance for commissioning work. D. Controls Contractor, Manufacture's Representative and TAB Contractor: 1. Construction and Acceptance Phases: a. Attend commissioning scoping meeting, controls integration meeting and additional meetings, as necessary. b. Provide additional requested documentation, prior to normal O&M manual submittals, to CA for development of startup and functional testing procedures. C. Assist in clarification of operation and control of commissioned equipment where Project Manual, control drawings or equipment documentation is not sufficient for writing detailed testing procedures. d. Perform functional performance testing, under direction of CA, for commissioned equipment. e. Resolve equipment or system deficiencies and retest as required to verify modified performance. f. Prepare O&M manuals according to Project Manual, including updating original sequences of operation to record conditions. g. Provide training of City's operating personnel. h. Coordinate with equipment manufacturers to determine requirements to maintain validity of warranties. 2. Warranty Period a. Execute seasonal or deferred functional performance testing. b. Correct deficiencies and make necessary adjustments to O&M manuals and Record Drawings for issues identified during warranty period. E. Controls Contractor (CC). Commissioning responsibilities of CC during construction and acceptance phases, in addition to those listed in Paragraph (E), are: SP 46 OF 53 1. Sequences of Operation Submittals. Temperature controls submittals to include complete and detailed sequences of operation for each piece of equipment, and include: a. Narrative description of system, describing its purpose, components and function. b. Interactions and interlocks with other systems. C. Delineation of control interactions between packaged controls and building automation system, including listing of monitored points, controlled points, and adjustable points. d. Determine existing sequences of control and use for new sequence for existing controlled equipment. e. Temperature and pressure control sequences (setbacks, resets, etc.). f. Sequences for alarms and emergency shutdowns. g. Seasonal operational requirements. 2. Control Drawings Submittal a. Control drawings to have key to abbreviations. b. Control drawings to provide graphic schematic depictions of systems and each component. 1) Schematics to include system and component layout of equipment that control system monitors, enables or controls, even if equipment is primarily controlled by packaged or integral controls. C. Provide full points list with following included for each point: 1) Controlled system 2) Point abbreviation 3) Point description 4) Point type (digitaVanalog, inputtoutput) 5) Display unit 6) Control point or setpoint (Yes / No) 7) Monitoring point (Yes / No) 8) Intermediate point (Yes / No) 9) Calculated point (Yes / No) 3. Record Drawing version of control drawings and sequences of operation to be included in final controls O&M manual submittal. 4. Written plan indicating step-by-step manner and procedures that will be followed to test, checkout and adjust control system prior to functional performance testing. 5. Signed and dated certification to CA and City upon completion of control system checkout. 1.5 Commissioning Scope: Equipment to be commissioned in this project checked, A. HVAC System a. Gas fired condensing boilers associated heating hot water pumps b. Air cooled chiller associated with chilled water pumps C. Air Conditioning Units d. Fan Coil Units e. Condensing Units. f. Building management system. B. Electrical System a. Lighting Occupancy Sensors b. Dimming Controls SP 47 OF 53 PART2-PRODUCTS 2.1 TEST EQUIPMENT A. Standard testing equipment required to perform startup and initial checkout and required functional performance testing to be provided by Division Contractor for equipment being tested. B. Testing equipment to be of sufficient quality and accuracy to test or measure system performance as required by Project Manual. C. Data logging equipment or software required to test equipment to be provided by CC but shall not become City property. PART 3 - EXECUTION 3.1 MEETINGS A. Scoping Meeting: 1. CA will schedule, plan and conduct Commissioning Scoping Meeting and Controls Integration Meetings with entire commissioning team in attendance. 2. CA to distribute meeting minutes to those in attendance. B. Miscellaneous Meetings. Other meetings to be planned and conducted by CA as construction progresses 1. Meetings to cover coordination, deficiency resolution and planning issues 3.2 REPORTING A. Regular Reports: CA to provide regular reports to Engineer with increasing frequency as construction and commissioning progresses. B. Progress Reports: CA to regularly communicate with commissioning team, apprising them of commissioning progress and scheduling changes through memos, progress reports, etc. C. Commissioning Report: CA compiles final Report that summarizes tasks, findings, and documentation of commissioning process. 1. Report addresses actual performance of building systems in reference to design intent and contract documents. 2. Report includes: a. An Executive Summary b. Functional performance testing records C. Field observations d. Identified deficiencies e. Summary of commissioning activities 3.3 SUBMITTALS A. CA reviews submittals related to commissioned equipment for conformance to Construction Documents as it relates to commissioning process. 1. Reviews intended primarily to aid in development of functional performance test procedures. B. CA may submit written requests for additional information from contractors to facilitate the commissioning process. C. CA may request additional design and operations narrative from design team and Controls Contractor. SP 48 OF 53 3.4 FUNCTIONAL PERFORMANCE TESTING A. Following procedures apply to all equipment commissioned, according to Article 1.5, Commissioning Scope and to all commissioning functional performance testing. B. Objectives and Scope: 1. Demonstrate each system is operating according to documented design intent and Construction Documents. 2. Functional performance testing comprises tests to verify components, equipment, systems, and interfaces between systems operate correctly and includes operating modes, interlocks, control sequences, and responses to emergency conditions. 3. Verification procedures are directed, witnessed, and documented by CA. C. Development of Test Procedures: 1. CA develops specific test procedures and forms to verify and document proper operation of each piece of equipment and system. 2. CA provides test procedures to Contractors and Sub's who review the tests for feasibility, safety, equipment and warranty protection prior to execution. 3. CA may submit tests to Engineer for review. 4. Test procedure forms, developed by CA, to include the following information: a. System and equipment or component name(s). b. Equipment location and ID number. C. Date. d. Project name. e. Participating parties. f. Instructions for setting up test, including special cautions, alarm limits, etc. g. Specific step-by-step procedures to execute test, h. Acceptance criteria of proper performance with date passed and initials boxes. i. Section for comments or notes. D. Execution of Functional Performance Tests: 1. Test Methods: Functional performance testing and verification may be achieved by direct manipulation of system inputs (i.e. heating or cooling sensors), manipulation of system inputs with building automation system (i.e. software override of sensor inputs), trend logs of system inputs and outputs using building automation system, or short-term monitoring of system inputs and outputs using stand alone data loggers. a. Combination of methods may be required to test complete sequence of operations. b. CA determines which method, or combination, is most appropriate. 2. Setup: Each test procedure is performed under conditions that simulate normal operating conditions as closely as possible. a. Sub executing test provides necessary system modifications to produce specified conditions (flows, pressures, temperatures, etc) necessary to execute test and, at completion of test, returns affected building equipment and systems to their pre-test conditions. 3. Sampling: Multiple identical pieces of non -life -safety or non-critical equipment may be functionally tested using sampling strategy developed by CA and approved by Engineer. A 10% sampling rate is typical 4. Test values: If after three attempts at testing of specified sample percentage, failures are still present, remaining units are tested at Contractors' expense. SP 49 OF 53 E. Coordination and Scheduling: Subs provide sufficient notice to CA regarding completion schedule for pre -functional checklists and startup of equipment and systems. 1. CA schedules functional tests through Engineer, Contractor and affected Sub's and following sequential priorities followed: a. Equipment is not "temporarily" started (for heating or cooling), until pre -start checklist items and manufacturer's pre -start procedures are completed and moisture, dust and other environmental and building integrity issues have been addressed. b. Functional performance testing does not begin until pre -functional, start-up and TAB is completed for given system. c. Controls system and equipment it controls are not functionally tested until points have been calibrated and pre -functional checklists are completed. F. Problem Solving: 1. CA may recommend solutions to deficiencies identified during functional testing. Contractor and Subs resolve, correct, and retest deficiencies. 3.5 DOCUMENTATION, NON-CONFORMANCE AND APPROVAL.. OF TESTS A. Documentation: 1. CA witnesses and documents results of functional performance tests using forms developed for that purpose. a. Prior to testing, forms are provided to Contractor, Sub's and Engineer for review and approval. B. Non -Conformance: 1. CA records results of functional test on procedure or test form- al Deficiencies identified during verification testing are documented on standard form and reported to Engineer, Contractors and sub's. b. Deficiency Report: Includes details of components or systems found to be non- compliant with parameters of test plans. C. Report details adjustments or alterations required to correct system operation, and identifies responsible party. 2. Corrections of minor deficiencies identified may be made during tests at discretion of CA and deficiency and resolution documented on procedure form. 3. Make every effort to expedite testing process and minimize unnecessary delays, while not compromising integrity of procedures. 4. Identified deficiency resolution: a. No dispute on deficiency and responsibility to perform corrections: 1) CA documents deficiency and adjustments or alterations required to perform corrections. 2) Sub corrects deficiency and notifies CA that equipment is ready to be retested. 3) CA reschedules test and test is repeated. b. Dispute about deficiency or who is responsible: 1) Deficiency is documented on non-compliance form and copy given to Engineer and Contractor. 2) Resolutions are made at lowest management level possible and additional parties are brought into discussions as needed. a) Final interpretive and acceptance authority is with Engineer. 3) CA documents resolution process. SP 50 OF 53 4) Once interpretation and resolution have been decided, appropriate party corrects deficiency and notifies CA that equipment is ready to be retested. a} CA reschedules test and test is repeated until satisfactory performance is achieved. C. Cost of Retesting: 1. Sub's: a. Responsible for costs to retest pre -functional or functional test, if they are responsible for deficiency. b. If not responsible for deficiency, cost recovery for retesting costs to be negotiated with C. 2.Time for CA and Engineer to direct any retesting because pre -functional checklist or start-up test item, reported to have been successfully completed, but determined during functional testing to be faulty, will be back charged to C. D. Approval: 1. CA makes formal approval of functional performance test after review. 2. CA recommends acceptance of each test to Engineer. 3. Engineer gives final approval on each test. 3.6 DEFERRED TESTING A. Unforeseen Deferred Tests: Functional testing that cannot be completed due to building structure, required occupancy condition, or other deficiency may be delayed upon approval of Engineer. 1. Tests are conducted in same manner as seasonal tests as soon as possible. B. Seasonal Testing: Seasonal variation in operations or control strategies may require additional testing during opposite season to verify performance of HVAC system and controls. 1. During warranty period: Seasonal testing and other deferred testing is completed as required to fully test sequences of operation. a. CA coordinates these activities. 2. Tests are executed and documented, with deficiencies corrected by appropriate Subs. 3. Final adjustments to O&M manuals and Record Drawings due to testing are also completed. 3.7 COMMISSIONING PLAN A. Commissioning Authority has prepared the Commissioning Plan: 1.Attend meetings called by the Commissioning Authority for purposes of completing the commissioning plan. 2. Required attendance and participation of relevant subcontractors, installers, suppliers, and manufacturer representatives. B. General Contractor is responsible for compliance with the Commissioning Plan C. Commissioning Plan: The commissioning schedule, procedures, and coordination requirements for all parties in the commissioning process. D. Commissioning Schedule: E. Submit anticipated dates of startup of each item of equipment and system to Commissioning Authority within 45 days after award of Contract. 1. Re -submit anticipated startup dates monthly, but not less than 4 weeks prior to startup. 2. Prefunctional Checklists and Functional Tests are to be preformed in sequence from components, to subsystem, to systems. SP 51 OF 53 3. Provide sufficient notice to Commissioning Authority for delivery of relevant Checklists and Functional Test procedures, to avoid delay. 3.8 FUNCTIONAL. TESTS A. A Functional Test is required for each item of equipment, system, or other assembly specified to be commissioned, unless sampling of multiple identical or near -identical units is allowed by the final test procedures. B. General Contractor is ultimately responsible for execution of required Functional Tests, after completion of Prefunctional Checklist and before closeout. C. Commissioning Authority is responsible for witnessing and reporting results of Functional Tests, including preparation and completion of forms for that purpose. D. General Contractor is responsible for correction of deficiencies and re -testing at no extra cost to City; if a deficiency is not corrected and re -tested immediately, the Commissioning Authority will document the deficiency and the General Contractor's stated intentions regarding correction: 1. Deficiencies are any condition in the installation or function of a component, piece of equipment or system that is not in compliance with the Contract Documents or does not perform properly. 2. When the deficiency has been corrected, the General Contractor completes the form certifying that the item is ready to be re -tested and returns the form to the Commissioning Authority; the Commissioning Authority will reschedule the test and the General Contractor re -test. 3. Identical or Near -identical Items: If 10 percent, or three, whichever is greater, of identical or near -identical items fail to perform due to material or manufacturing defect, all items will be considered defective; provide a proposal for correction within two weeks after notification of defect, including provision for testing sample installations prior to replacement of all items. 4. General contractor shall bear the cast of Engineer and Commissioning Authority personnel time witnessing re -testing. 5. General Contractor shall bear the cost of Engineer and Commissioning Authority personnel time witnessing re -testing if the test failed due to failure to execute the relevant Prefunctional Checklist correctly; if the test failed for reasons that would not have been identified in the Prefunctional Checklist correctly; if the test failed for reasons that would not have been identified in the Prefunctional Checklist process, General Contractor shall bear the cost of the second and subsequent re -test. E. Functional Test Procedures: 1. Some test procedures are included in the Contract Documents; where Functional Test procedures are not included in the Contract Documents, test procedures will be determined by the Commissioning Authority with input by and coordination with General Contractor. 2. Examples of Functional Testing: a. Test the dynamic function and operation of equipment and systems (rather than just components) using manual (Direct observation) or monitoring methods under full operation (e.g., the chiller pump is tested interactively with the chiller functions to see if the pump ramps up and down to maintain the differential pressure setpoint). b. Systems are tested under various modes, such as during low cooling or heating loads, high loads, component failures, unoccupied, varying outside air temperatures, fire alarm, power failure, etc. C. Systems are run through all the HVAC control system's sequences of operation and components are verified to be responding as the sequence's state. SP 52 OF 53 d. Traditional air or water test and balancing (TAB) is not Functional Testing; spot checking of TAB by demonstration to the Commissioning Authority is Functional Testing. F. Deferred Functional Tests: Some test may need to be performed later, after substantial completion, due to partial occupancy, equipment, seasonal requirements, design or other site conditions; performance of these test remains the General Contractor's responsibility regardless of timing. 3.9 TEST PROCEDURE -GENERAL A. Provide skilled technicians to execute starting of equipment and to execute the functional Tests. Ensure that they are available and present during the agreed upon schedules and for sufficient duration to complete the necessary test, adjustments and problem -solving. B. Provide all necessary materials and system modifications required to produce the flows, pressures, temperatures, and condition as necessary to execute the test according to the specified conditions. At completion of the test, return all affected equipment and systems to their pre-test condition. C. Sampling: Where Functional Testing of fewer than the total number of multiple identical or near -identical items is explicitly permitted, perform sampling as follows: 9. Identical Units: Defined as units with same application and sequence of operation; only minor size of capacity difference. 2. Sampling is not allowed for: a. Major equipment. b. Life -safety -critical equipment. c. Prefunctional Checklist execution. 3. XX= the percent of the group of identical equipment to be included in each sample; defined for specific type of equipment. 4. YY= the percent of the sample that if failed will require another sample to be tested; defined for specific type of equipment. 5. Randomly test at least XX percent of each group of identical equipment, but not less than three units. This constitutes the "First Sample". 6. if YY percent of the units in the first sample fail, test another XX percent of the remaining identical units. i. If YY percent of the units in the second sample fail, test all remaining identical units. 8. If frequent failures occur, resulting in more troubleshooting than testing, the Commissioning Authority may stop the testing and require General Contractor to perform and document a checkout of the remaining units prior to continuing testing. D. Manual Testing: Use hand- held instruments, immediate control system readouts, or direct observation to verify performance (contrasted to analyzing monitored data taken over time to make the "observation"). E. Simulating Conditions: Artificially crate the necessary condition for the purpose of testing the response of a system; for example apply hot air to a space sensor using a hair dryer to see the response in a VAV box. F. Simulating Signals: Disconnect the sensor and use a signal generator to send an amperage, resistance or pressure to the transducer and control system to simulate the sensor value. G. Over -Writing Values: Change the sensor value known to the control system in the control system to see the response of the system; for example, change the SP 53 OF 53 outside air temperature value from 50 degrees F to 75 degrees F to verify economizer operation. K Indirect Indicators: Remote indicators of a response of condition, such as a reading from a control system screen reporting a damper to be 100 percent closed, are considered indirect indicators. I. Monitoring: Record parameters (flow, current, status, pressure, etc.) of equipment operating using data loggers of the trending capabilities of the relevant control systems; where monitoring of specific points is called for in functional Test Procedures: 1. All points that are monitored by the relevant control system shall be trended by General Contractor; at the Commissioning Authority's request, General Contractor shall trend up to 20 percent more points than specified at no extra charge. 2. Other points will be monitored by the Commissioning Authority using data loggers. 3. At the option of the commissioning authority, some control system monitoring may be replaced with data flogger monitoring. 4. Provide hard copies of monitored data in columnar format with time down left column and at least 5 columns of point values on same page, 5. Graphical output is desirable and is required for all output if the system can product it. 6. Monitoring may be used to augment manual testing. 3.10 OPERATION AND MAINTENANCE MANUALS A. Add design intent documentation furnished by Contractor to manuals prior to submission to Engineer, B. Submit manuals related to items that were commissioned to Commissioning authority for review; make changes recommended by Commissioning Authority. C. Commissioning Authority will add commissioning records to manuals after submission to Engineer. END OF SECTION 019113