project manual installation of replacement hvac heat pumps at two

Contract No. B-01-2014-15
DOCUMENT 00001
______________________________________________________________________________
PROJECT MANUAL
INSTALLATION OF REPLACEMENT HVAC
HEAT PUMPS AT TWO ELEMENTARY SCHOOLS
BERRYESSA UNION SCHOOL DISTRICT
James Bakos
Director of Facilities and Operations
Berryessa Union School District
1376 Piedmont Road
San Jose, CA 95132
Advertisement Dates: 2/12/15 and 2/18/15
Mandatory Job Walk Date: Friday February 20, 2015 at 9:00am
Bid Due Date: February 26, 2015 at 1:00pm
Contract Number: B-01-2014-15
______________________________________________________________________________
Title Page
00001- 1
Installation of Replacement
Heat Pumps at Two Schools
HVAC
Contract No.B-01-2014-15
DOCUMENT 00010
TABLE OF CONTENTS
Division
Section
Title
INTRODUCTORY INFORMATION
00001
00010
Title Page
Table of Contents
BIDDING REQUIREMENTS
00100
00200
00320
00335
00400
00411
00420
00430
00481
00482
Notice Inviting Bids
Instructions to Bidders
Geotechnical Data and Existing Conditions
Hazardous Materials Survey
Bid Form
Bond Accompanying Bid
Contractor Information Form
Subcontractors List
Non-Collusion Affidavit
Bidder Certifications
CONTRACT FORMS
00505
00510
00520
00550
00610
00620
00630
00650
00660
00680
00690
Notice of Intent to Award for Construction
Notice of Award
Agreement
Notice to Proceed
Construction Performance Bond
Construction Labor and Material Payment Bond
Guaranty
Release of Claims
Substitution Request Form
Escrow Agreement for Security Deposits in Lieu of Retention
Disabled Veteran Business Enterprise
CONDITIONS OF THE CONTRACT
00700
00821
00822
00910
General Conditions
Supplementary Conditions -- Insurance
Apprenticeship Program
Addenda
Table of Contents
Installation of Replacement HVAC
Heat Pumps at Two Schools
00010- 1
Contract No.B-01-2014-15
Division
Section
Title
GENERAL REQUIREMENTS
01035
01100
01200
01250
01315
01320
01330
01410
01420
01500
01540
01600
01740
01770
01780
Allowances
Summary of Work
Measurement and Payment
Modification Procedures
Project Meetings
Progress Schedules and Reports
Submittals
Regulatory Requirements
References and Definitions
Temporary Facilities and Controls
Site Security and Safety
Product Requirements
Cleaning
Contract Closeout
Project Record Documents
SCHEDULE TIMELINE
TECHNICAL SPECIFICATIONS
END OF DOCUMENT
Table of Contents
Installation of Replacement HVAC
Heat Pumps at Two Schools
00010- 2
Contract No. B-01-2014-15
DOCUMENT 00100
NOTICE INVITING BIDS
1.
NOTICE: The BERRYESSA UNION SCHOOL DISTRICT (the “District”), will receive sealed Bids in the
Purchasing Department, located at 1376 Piedmont Road, San Jose, California 95132-2498, Telephone (408) 923-1871
BEFORE 1:00 p.m. on February 26, 2015 for the following public work:
Bid B-01-2014-15
INSTALLATION OF REPLACEMENT HVAC HEAT PUMPS AT TWO SCHOOLS
2.
PROCUREMENT OF BIDDING DOCUMENTS: Contract documents are available for review in the Facilities
Department Office at Berryessa Union School District, 945 Piedmont Road, San Jose, CA 95132. Contact James Bakos,
408-923-1890.
3.
INSTRUCTIONS: Bidders shall refer to Document 00200 Instructions to Bidders for required documents and items to
be submitted in a sealed envelope for deposit in the Purchasing Department, located at 1376 Piedmont Road, San Jose,
California 95132-2498 BEFORE the time and date set forth in Paragraph 1 above.
4.
MANDATORY PRE-BID SITE VISIT: The District will conduct a Mandatory Pre-Bid Conference and Site Visit on
Friday February 20, 2015 at 9:00 am. Bidders must attend the Pre-Bid Conference and Site Visitation and sign an
attendance sheet as a condition of bidding. Please meet at the district Facilities Office, 945 Piedmont Road, San Jose, CA
95132.
5.
BID PREPARATION COST: Bidders are solely responsible for the cost of preparing their Bids.
6.
REQUIRED CONTRACTOR’S LICENSE(S): A class “C20” contractor’s license is required to bid this contract.
Joint ventures must secure a joint venture license prior to award of this Contract.
7.
CONTRACT TIME: The start date will be April 3, 2015 and substantial completion shall be on April 10, 2015
8.
DESCRIPTION AND LOCATION OF THE WORK: The Work includes but is not limited to the replacement of
nine (9) HVAC heat pumps at two (2) elementary schools:
Brooktree Elementary School
1781 Olivetree Dr
San Jose, CA 95132
Summerdale Elementary
1100 Summerdale Dr.
San Jose, CA 95132
Bidding Documents contain the full description of the Work.
9.
SUBSTITUTION OF SECURITY: The District will permit the successful bidder to substitute securities for any
retention monies withheld to ensure performance of the contract, as set forth in Document 00680 Escrow Agreement For
Security Deposits In Lieu Of Retention and incorporated herein in full by this reference, in accordance with Section
22300 of the California Public Contract Code.
10. PREVAILING WAGE LAWS: The successful Bidder must comply with all prevailing wage laws applicable to the
Project, and related requirements contained in the Contract Documents. Pursuant to law, the Director of the State
Department of Industrial Relations has determined general prevailing wages. The wage so established and the conditions
pertaining thereto are available from the Department of Industrial Relations at www.dir.ca.gov.
Notice Inviting Bids
00100- 1
Installation of Replacement HVAC Heat
Pumps at Two Schools
Contract No. B-01-2014-15
11. SB 854 COMPLIANCE: No contractor or subcontractor may be listed on a bid proposal for a public works project
(submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code
section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after
April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
12. FURNISHING OF ELECTRONIC CERTIFIED PAYROLL RECORDS TO LABOR COMMISSIONER:
All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka
Division of Labor Standards Enforcement). The phase-in timetable for this requirement is as follows:
June 20, 2014 [immediate]: Any project that was being monitored by the CMU/Labor Commissioner prior to the adoption
of SB 854 will continue to be monitored by the Labor Commissioner afterward; and the contractors on those projects must
continue to furnish certified payroll records to the Labor Commissioner until the project is complete.
April 1, 2015: For all new projects awarded on or after this date, the contractors and subcontractors must furnish electronic
certified payroll records to the Labor Commissioner.
Anytime: For projects besides those listed above, the Labor Commissioner may at any time require the contractors and
subcontractors to furnish electronic certified payroll records. The Labor Commissioner anticipates requiring this for green
energy school projects that receive Proposition 39 funding.
January 1, 2016: The requirement to furnish electronic certified payroll records to the Labor Commissioner will apply to
all public works projects, whether new or ongoing.
Exceptions: The Labor Commissioner may (but is not required to) excuse contractors and subcontractors from furnishing
electronic certified payroll records to the Labor Commissioner on a project that is under the jurisdiction of one of the four
legacy DIR-approved labor compliance programs (Caltrans, City of Los Angeles, Los Angeles Unified School District, and
County of Sacramento) or that is covered by a qualifying project labor agreement.
These new requirements will apply to all public works that are subject to the prevailing wage requirements of the
Labor Code, without regard to funding source.
12. BID BOND, PAYMENT BOND, PERMFORMANCE BOND: Each bid must be accompanied by a fully executed
Bid Bond or by a Certified or Cashier’s Check equal to ten percent (10%) of amount of the Base Bid, payable to the
Owner, which shall be given as a guarantee that the successful bidder will enter into a contract for construction
satisfactory to the Owner and will provide the required bonds and certificates of insurance in proper form and which shall
be deemed liquidated damages for failure or refusal to do so. The successful bidder shall furnish a Faithful Performance
Bond for one hundred percent (100%) and Payment Bond (Labor and Materials) for one hundred percent (100%) of the
awarded contract amount together with proof of adequate Workman’s Compensation and other insurance as specified
13. RESERVATION OF RIGHTS: The District specifically reserves the right, in its sole discretion, to reject any or all
Bids, to re-bid, or to waive inconsequential defects in bidding not involving time, price or quality of the work. The
District may reject any and all Bids and waive any minor irregularities in the Bids.
END OF DOCUMENT
Notice Inviting Bids
00100- 2
Installation of Replacement HVAC Heat
Pumps at Two Schools
Contract No. B-01-2014-15
DOCUMENT 00200
INSTRUCTIONS TO BIDDERS
Bids are requested by the BERRYESSA UNION SCHOOL DISTRICT (the “District”), for a general
construction contract, or work described in general, as follows:
CONTRACT NUMBER: B-01-2014-15
INSTALLATION OF REPLACEMENT HVAC HEAT PUMPS AT TWO SCHOOLS
1.
RECEIPT OF BIDS: Sealed Bids will be received by the District BEFORE 1:00 p.m. on February 26,
2015. District will accept Bids only from Bidders duly licensed in accordance with the California Business
& Professions Code. District will receive Bids in opaque sealed envelope(s), containing the respective
items described in Paragraphs 6 and 7 below. All Bid envelopes will be time-stamped to reflect their
submittal time. Envelopes shall be due by 1:00 p.m. District shall reject all Bids received after the
specified time and will return such Bids to Bidders unopened. Bidders must submit Bids in accordance
with this Document 00200.
2.
CONTACT INFORMATION: Sealed Bids shall be received in the Purchasing Department, located at
1376 Piedmont Road, San Jose, California 95132-2498. The telephone number for the Purchasing
Department is (408) 923-1871.
3.
PROCUREMENT OF BID DOCUMENTS: Contract documents are available for review in the Facilities
Department Office located at 945 Piedmont Road, San Jose, CA 95132. The contact person is James Bakos,
Director of Facilities, 408-923-1890. Contract documents will be available at the mandatory pre-bid
conference and job walk.
4.
MANDATORY PRE-BID SITE VISIT AND CONFERENCE: The District will conduct a Mandatory
Pre-Bid Conference and Site Visit on Friday February 20, 2015 at 9:00 am to consider such matters as
Bidders may request with site visitation to immediately follow Please meet at the district Facilities Office,
945 Piedmont Road, San Jose, CA 95132. Bidders must attend the Pre-Bid Conference and Site Visit and
sign an attendance roster as a condition of bidding. The site visitation may be the Bidders’ only
opportunity to investigate conditions.
4.1
Other Pre-Bid site visitations may be scheduled at the District’s sole discretion, and staff availability.
4.2
District will transmit to all parties recorded as having received Bidding Documents such Addenda as
District in its discretion considers necessary in response to questions arising at the Pre-Bid Conference.
Bidders shall not rely on oral statements. Oral statements will not be binding or legally effective. District
will issue Minutes of the Pre-Bid Conference, which shall constitute the sole and exclusive record and
statement of the results of the Pre-Bid Conference. The Minutes issued by District are not Contract
Documents.
5.
BID SUBMISSION: Bidder should mark its Bid envelopes as: INSTALLATION OF REPLACEMENT
HVAC HEAT PUMPS AT TWO SCHOOLS BID #B-01-2014-15. Bids shall be deemed to include the
written responses of the Bidder to any questions or requests for information of District made as part of Bid
evaluation process after submission of Bid. Bidder’s failure to submit all required documents strictly as
required entitles District to reject the Bid as non-responsive.
5.1
The submission of a Bid does not commit the District to award a contract for the Project, to pay costs
incurred in the preparation of a Bid, or to procure or contract for any goods or services.
6.
REQUIRED CONTENTS OF BIDS: All Bidders must submit Bids containing each of the fully executed
documents supplied in this Project Manual.
Instructions to Bidders
00200- 1
Installation of Replacement
Heat Pumps at Two Schools
HVAC
Contract No. B-01-2014-15
6.1
Bidders must submit Bids on Document 00400 Bid Form in accordance with the provisions of Document
00400. The District will reject as non-responsive any Bid not submitted on the required form. Bids must be
full and complete. Bidders must complete all Bid items and supply all information required by Bid documents
and specifications. The District reserves the right in its sole discretion to reject any Bid as non-responsive as a
result of any error or omission in the Bid. Bidders must submit clearly written Bids without erasure or
interlineation. Bidders must clearly make any changes in the Bid. Bidders shall make any change in the Bid
by crossing out the original entry, entering and initialing the new entry. The District reserves the right to reject
any Bid not clearly written. Bidders may not modify the Bid Form or qualify their Bids.
6.2
Bidders must submit Document 00411 (Bond Accompanying Bid) accompanied by a cashier’s check,
certified check (certified without qualification and drawn on a solvent bank of the State of California or a
National Bank doing business in the State of California) or surety bond of not less than 10% of the base
Bid, payable to “Berryessa Union School District”, and completed in accordance with the provisions of
Document 00411. (District may retain Bid securities and Bid bonds of other than the Apparent Low Bidder
for a period of 90 Days after award or full execution of the Contract, whichever first occurs.)
6.3
Bidders must submit Document 00420 (Bidder Registration and Experience Form) completed in
accordance with the provisions of Document 00420. The District shall reject as non-responsive any Bid
submitted without the Bidder Registration and Experience Form.
6.4
Bidders must submit Document 00430 (Subcontractors List) completed in accordance with the provisions
of Document 00430. The Subcontractors List must include the names of all subcontractors and their
respective Bid item sub-Bids for those subcontractors who will perform any portion of work, including
labor, rendering of service, or specially fabricating and installing a portion of the work or improvement
according to detailed drawings contained in the plans and specifications, in excess of one half of one
percent (0.5%) of the total Bid amount. Any violation of this requirement may result in a Bid being
deemed non-responsive and not being considered.
6.5
Bidders must submit Document 00481 (Non-Collusion Affidavit) completed in accordance with the
provisions of Document 00481. The District shall reject as non-responsive any Bid submitted without the
Non-Collusion Affidavit.
6.6
Bidders must submit Document 00482 (Bidder Certification) completed in accordance with the provisions
of Document 00482. The District shall reject as non-responsive any Bid submitted without the Bidder
Certification.
7.
OTHER REQUIREMENTS PRIOR TO BIDDING: Submission of Bid signifies Bidder’s careful
examination of Bidding Documents and complete understanding of the nature, extent, and location of Work
to be performed. As a condition to Bidding, Bidder must complete tasks listed in Document 00520
(Agreement), Article 5. Submission of Bid shall constitute Bidder’s express representation to the District
that Bidder has fully completed these tasks.
8.
EXISTING CONDITIONS DRAWINGS AND DATA: Bidders may examine any available existing
conditions information (e.g., record documents, specifications, studies, drawings of previous work), as well
as applicable environmental assessment information (if any) regarding the Project, by giving District
reasonable advanced notice. District will make copies available for a fee. A Bidder must give five (5) days
advanced notice if copies are desired.
9.
ADDENDA: Bidders shall direct all questions of a technical nature about the meaning or intent of Bidding
Documents to the Project Manager, Gilbert Roman, Director of Facilities and Maintenance, in writing.
Interpretations or clarifications considered necessary by the Project Manager in response to such questions
will be issued by Addenda mailed, faxed, or delivered to all parties recorded as having received Bidding
Documents. Addenda will be written and will be issued to each Bidder to the address or fax number
supplied by the Bidder. The Project Manager may not answer questions received less than ten Days prior
Instructions to Bidders
00200- 2
Installation of Replacement
Heat Pumps at Two Schools
HVAC
Contract No. B-01-2014-15
to the date for opening Bids. Only questions answered by formal written Addenda will be binding. Oral
and other interpretations or clarifications will be without legal effect.
9.1
Addenda may also be issued to modify the Bidding Documents as deemed advisable by District.
9.2
Addenda shall be acknowledged by number with signature in Document 00400 (Bid Form) and shall be
part of the Contract Documents. A complete listing of Addenda may be secured from District.
11.
PREVAILING WAGE RATES: Copies of the general prevailing rates of per diem wages for each craft,
classification, or type of worker needed to execute the Contract, as determined by Director of the State of
California Department of Industrial Relations. The wage so established and the conditions pertaining
thereto are also available from the Department of Industrial Relations website at www.dir.ca.gov.
Contractor shall post the applicable prevailing wage rates at the Job Site(s).
12.
SB 854 COMPLIANCE: No contractor or subcontractor may be listed on a bid proposal for a public
works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid
purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project
(awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant
to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
13.
FURNISHING OF ELECTRONIC CERTIFIED PAYROLL RECORDS TO LABOR
COMMISSIONER:
All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor
Commissioner (aka Division of Labor Standards Enforcement). The phase-in timetable for this requirement
is as follows:
June 20, 2014 [immediate]: Any project that was being monitored by the CMU/Labor Commissioner prior
to the adoption of SB 854 will continue to be monitored by the Labor Commissioner afterward; and the
contractors on those projects must continue to furnish certified payroll records to the Labor Commissioner
until the project is complete.
April 1, 2015: For all new projects awarded on or after this date, the contractors and subcontractors must
furnish electronic certified payroll records to the Labor Commissioner.
Anytime: For projects besides those listed above, the Labor Commissioner may at any time require the
contractors and subcontractors to furnish electronic certified payroll records. The Labor Commissioner
anticipates requiring this for green energy school projects that receive Proposition 39 funding.
January 1, 2016: The requirement to furnish electronic certified payroll records to the Labor
Commissioner will apply to all public works projects, whether new or ongoing.
Exceptions: The Labor Commissioner may (but is not required to) excuse contractors and subcontractors
from furnishing electronic certified payroll records to the Labor Commissioner on a project that is under
the jurisdiction of one of the four legacy DIR-approved labor compliance programs (Caltrans, City of Los
Angeles, Los Angeles Unified School District, and County of Sacramento) or that is covered by a
qualifying project labor agreement.
These new requirements will apply to all public works that are subject to the prevailing wage
requirements of the Labor Code, without regard to funding source.
Instructions to Bidders
00200- 3
Installation of Replacement
Heat Pumps at Two Schools
HVAC
Contract No. B-01-2014-15
14.
WITHDRAWAL OF BIDS: Bidders may withdraw their Bids at any time prior to the Bid opening time
fixed in this Document 00200, only by written request for the withdrawal of Bid filed with the District in
the Purchasing Department located at 1376 Piedmont Road, San Jose, California 95132-2498. The Bidder
or its duly authorized representative shall execute request to withdraw Bid.
15.
BID OPENING: District will open all Bidders’ Envelopes after 1:00 p.m. on the date specified in
Paragraph 1 above, initially evaluate them for responsiveness, and determine an Apparent Low Bidder as
specified herein.
16.
DETERMINATION OF APPARENT LOW BIDDER: Apparent Low Bid will be based solely on the
total amount of all Bid items based on assumptions contained in Document 00400 (Bid Form). All Bidders
are required to submit Bids on all Bid items.
16.1
If any Apparent Low Bidder is determined to be non-responsive or non-responsible, District may proceed
to the next Apparent Low Bidder’s Bid pursuant to any procedures determined in its reasonable discretion,
and proceed for all purposes as if this Apparent Low Bidder were the original Apparent Low Bidder.
17.
BID EVALUATION: District may reject any or all Bids and waive any informalities or minor
irregularities in the Bids. District also reserves the right, in its discretion, to reject any or all Bids and to rebid the Project. District reserves the right to reject any or all nonconforming, non-responsive, unbalanced,
or conditional Bids, and to reject the Bid of any Bidder if District believes that it would not be in the best
interest of Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder
is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria
established by District. For purposes of this paragraph, an “unbalanced Bid” is one having nominal prices
for some Bid items and enhanced prices for other Bid items.
17.1
In evaluating Bids, District will consider Bidders’ qualifications, whether or not the Bids comply with the
prescribed requirements, unit prices, and other data, as may be requested in Document 00400 (Bid Form) or
prior to the Notice of Award.
17.2
District may conduct reasonable investigations and reference checks of Bidder and other persons and
organizations as District deems necessary to assist in the evaluation of any Bid and to establish Bidder’s
responsibility, qualifications, financial ability and ability to perform the Work in accordance with the
Contract Documents to District’s satisfaction within the prescribed time. Submission of a Bid constitutes
Bidder’s consent to the foregoing. District shall have the right to consider information provided by sources
other than Bidder. District shall also have the right to communicate directly with Bidder’s surety regarding
Bidder’s bonds.
17.3
Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the
unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof
will be resolved in favor of the correct sum. Discrepancies between written words and figures will be
resolved in favor of the words.
18
BID PROTEST: Any Bid protest must be submitted in writing to the Purchasing Department located at
1376 Piedmont Road, San Jose, California 95132-2498 Attention: Bonny S Gregorius, Purchasing Manager
before 4:00 p.m. of the fifth Business Day following opening of the Bidders’ envelopes.
18.1
The initial protest document must contain a complete statement of the basis for the protest.
18.2
The protest must refer to the specific portion of the document that forms the basis for the protest.
18.3
The protest must include the name, address, and telephone number of the person representing the protesting
party.
Instructions to Bidders
00200- 4
Installation of Replacement
Heat Pumps at Two Schools
HVAC
Contract No. B-01-2014-15
18.4
Only Bidders who the District otherwise determines are responsive and responsible are eligible to protest a
Bid; protests from any other Bidder will not be considered. In order to determine whether a protesting
Bidder is responsive and responsible, District may evaluate all information contained in any protesting
Bidder’s Bid, and conduct the same investigation and evaluation as District is entitled to take regarding an
Apparent Low Bidder.
18.5
The party filing the protest must concurrently transmit a copy of the initial protest document and any
attached documentation to all other parties with a direct financial interest that may be adversely affected by
the outcome of the protest. Such parties shall include all other Bidders who appear to have a reasonable
prospect of receiving an award depending upon the outcome of the protest.
18.6
The procedure and time limits set forth in this paragraph are mandatory and are Bidder’s sole and exclusive
remedy in the event of Bid protest. Bidder’s failure to comply with these procedures shall constitute a
waiver of any right to further pursue the Bid protest, including filing a Government Code Claim or legal
proceedings. A Bidder may not rely on a protest submitted by another Bidder, but must timely pursue its
own protest.
19.
AWARD: If a Contract is to be awarded, it will be awarded to the lowest responsible responsive Bidder.
Such Award, if made, will be made within ninety (90) days after the opening of the Bid Proposals.
20.
SUBSTITUTIONS: Bidders must base their Bids on products and systems specified in Contract
Documents or listed by name in Addenda.
20.1
Except as provided in Paragraph 17.4 below, District will consider substitution requests only for “or equal
items.” Bidders wanting to use “or equal” item(s) may submit Document 00660 (Substitution Request
Form) no later than 10 Days prior to submitting their Bids. After that date, the District will not accept “or
equal” substitution requests. To assess “or equal” acceptability of product or system, submittals of
substitutions shall contain the information required in Document 00660 (Substitution Request Form).
Insufficient information will be grounds for rejection of substitution. District shall, within a reasonable
period of time after having received a Request for Substitution, issue in writing its decision as to whether
the proposed substitute item is an Equal item. District’s decision shall be conclusive on all Bidders.
20.2
Approved substitutions shall be listed in Addenda and become part of Contract Documents.
20.3
Substitutions may be requested after submitting Bids and Award of Contract only in accordance with
requirements specified in the Contract Documents.
20.4
As further limitation on Bidder’s privilege to substitute items, District has found that certain items are
designated as District standards and certain items are designated to match existing items in use on a
particular public improvement, either completed or in the course of completion. As to such items, District
will not permit substitution.
21.
POST NOTICE OF AWARD REQUIREMENTS: Successful Bidder must execute and submit the
documents set forth in this Document to the District by 4:00 p.m. of the 10th Day following the Notice of
Award. Execution of Contract by District depends upon approval of these documents.
21.1
Document 00520 (Agreement) must be executed by successful Bidder. Submit THREE originals, each
bearing an original signature and initials on each page.
21.2
Document 00610 (Construction Performance Bond) must be executed by successful Bidder and surety, in
the amount set forth in Document 00610 (Construction Performance Bond). Submit TWO originals.
21.3
Document 00620 (Construction Labor and Material Payment Bond) must be executed by successful Bidder
and surety, in the amount set forth in Document 00620 (Construction Labor and Material Payment Bond).
Submit TWO originals.
Instructions to Bidders
00200- 5
Installation of Replacement
Heat Pumps at Two Schools
HVAC
Contract No. B-01-2014-15
21.4
Insurance certificates and endorsements required by Document 00821 (Supplementary Conditions—
Insurance) must be submitted by successful Bidder. Submit one original set.
21.5
District shall have the right to communicate directly with Apparent Low Bidder’s proposed performance
bond surety, to confirm the performance bond. District may elect to extend the time to receive faithful
performance and labor and material payment bonds.
21.6
Successful Bidder’s failure to submit the documents required herein, in a proper and timely manner, entitles
District to rescind its award, and to cause Bidder’s Bid security to be forfeited as provided herein.
22.
FAILURE TO EXECUTE AND DELIVER DOCUMENTS: If Bidder to whom Contract is awarded
shall, within the period described in Paragraph 18 of this Document 00200, fails or neglects to execute and
deliver all required Contract Documents and file all required bonds, insurance certificates, and other
documents, District may, in its sole discretion, foreclose on Bidder’s surety bond, or deposit Bidder’s
cashier’s check or certified check for collection, and retain the proceeds thereof as liquidated damages for
Bidder’s failure to enter into the Contract Documents. Bidder agrees that calculating the damages District
may suffer as a result of Bidder’s failure to execute and deliver all required Contract Documents would be
extremely difficult and impractical and that the amount of Bidder’s required Bid security shall be the
agreed and presumed amount of District’s damages.
22.1
Upon such failure to timely deliver all required Contract Documents as set forth in Paragraph 18 through
Paragraph 18.6 of this Document 00200, District may determine the next Apparent Low Bidder and
proceed accordingly. Such Award, if made, will be made within ninety (90) days after the opening of the
Bid Proposals.
23.
MODIFICATION OF COMMENCEMENT OF WORK: District expressly reserves the right to
modify the date for the Commencement of Work under the Contract and to independently perform and
complete work related to the Project. District accepts no responsibility to Contractor for any delays
attributed to its need to complete independent work at the Site.
24.
CONFORMED PROJECT MANUAL: Following Award of Contract, District may prepare a conformed
Project Manual reflecting Addenda issued during bidding, which will, failing objection, constitute the
approved Project Manual.
25.
INELIGIBLE CONTRACTORS AND SUBCONTRACTORS. District shall not accept a Bid from a
Bidder who is ineligible to bid or work on, or be awarded, a public works project pursuant to California
Labor Code section 1777.1 or 1777.7. Bidders and the Contractor who is awarded the project contract shall
not utilize, or allow work by, any subcontractor who is ineligible to bid or work on, or be awarded, a public
works project pursuant to California Labor Code Section 1777.1 or 1777.7. (See California Public Contract
Code Section 6109.) The California Division of Labor Standards Enforcement publishes a list of debarred
contractors and subcontractors on the Internet at www.dir.ca.gov/DLSE/debar.html.
26.
DEFINITIONS: All abbreviations and definitions of terms used in this Document 00200 are set forth in
Document 00700 (General Conditions) and Section 01420 (References and Definitions).
END OF DOCUMENT
Instructions to Bidders
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Contract No. B-01-2014-15
DOCUMENT 00320
GEOTECHNICAL DATA AND EXISTING CONDITIONS
1.
REPORT AND INFORMATION
1.1
Existence of Reports: The District, its consultants, and prior contractors may have collected documents
providing a general description of the Site and conditions of the Work. These documents may consist of
geotechnical reports for and around the Site, contracts, contract specifications, tenant improvement
contracts, as-built drawings, utility drawings, and information regarding Underground Facilities. These
reports, documents and other information are not part of the Contract Documents.
1.2
Inspection of Reports: Bidders may inspect geotechnical reports and information regarding existing
conditions at the Site. These documents are available for review at the Facilities Office located at 945
Piedmont Road, San Jose, California 95132-2498 and copies may be obtained for the cost of reproduction
and handling upon Bidder’s payment for the costs. These reports, documents and other information, are not
part of the Contract Documents. Nevertheless, by submitting a Bid, Bidder accepts full responsibility for
reviewing, knowing and understanding the contents of all of these materials.
1.3
Inclusion in Project Manual: Geotechnical reports may be included in the Project Manual and
information regarding existing conditions may also be included in the Project Manual, but neither shall be
considered part of the Contract Documents.
2.
USE OF INFORMATION ON EXISTING CONDITIONS
2.1
Aboveground Existing Conditions: Under no circumstances shall District be deemed to make a warranty
or representation of existing aboveground conditions, as-built conditions, or other aboveground actual
conditions verifiable by reasonable independent investigation. These conditions are verifiable by Bidder by
the performance of its own independent investigation that Bidder must perform prior to bidding and Bidder
must not rely on the information supplied by District regarding existing conditions. Bidder represents and
agrees that in submitting its Bid, it is not relying on any information regarding existing conditions supplied
by District.
2.2
Underground Facilities: Information supplied regarding existing Underground Facilities at or contiguous
to the Site is based on information furnished to District by others (e.g., the Districts or builders of such
Underground Facilities or others). Except as expressly set forth in this Document 00320, District does not
assume responsibility for the accuracy, completeness or thoroughness of this information, and Bidder is
solely responsible for any interpretation or conclusion drawn from this information. Except as expressly
set forth in this Document 00320, District will be responsible only for the general accuracy of information
regarding Underground Facilities, and only for those Underground Facilities that are owned by District.
This express assumption of responsibility applies only if Bidder has conducted the independent
investigation required of it and discrepancies were not apparent.
3.
LIMITED RELIANCE PERMITTED ON CERTAIN GEOTECHNICAL INFORMATION
3.1
Geotechnical Data: Except as expressly set forth in this Document 00320, District does not warrant, and
makes no representation regarding, the accuracy or thoroughness of any geotechnical data. Bidder
represents and agrees that in submitting its Bid, it is not relying on any geotechnical data supplied by
District, except as specifically set forth herein.
A.
Bidder may rely upon the general accuracy of the “technical data” contained in the geotechnical
reports and drawings identified above, but only insofar as it relates to subsurface conditions,
provided Bidder has conducted the independent investigation required of it and discrepancies were
Geotechnical Data and Existing Conditions
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Contract No. B-01-2014-15
not apparent. The term “technical data” in the referenced reports and drawings shall be limited as
follows:
3.
3.1
1.
The term “technical data” shall include actual reported depths, reported quantities,
reported soil types, reported soil conditions, and reported material, equipment, or
structures that were encountered during subsurface exploration.
2.
The term “technical data” does not include, and Bidder may not rely upon, any other data,
interpretations, opinions or information shown or indicated in such drawings or reports
that otherwise relate to subsurface conditions or described structures.
3.
The term “technical data” shall not include the location of Underground Facilities.
4.
Bidder may not rely on the completeness of reports and drawings for the purposes of
bidding or construction. Bidder may rely upon the general accuracy of the “technical
data” contained in such reports or drawings.
5.
Bidder is solely responsible for any interpretation or conclusion drawn from any
“technical data” or any other data, interpretations, opinions, or information contained in
supplied geotechnical data.
INVESTIGATIONS
Before submitting a Bid, each Bidder shall be responsible to obtain such additional or supplementary
examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface,
and Underground Facilities) at or contiguous to the Site or otherwise, which may affect cost, progress,
performance or furnishing of Work or which relate to any aspect of the means, methods, techniques,
sequences or procedures of construction to be employed by Bidder and safety precautions and programs
incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the
Work in accordance with the time, price and other terms and conditions of Contract Documents. Bidders
shall advise District in writing during the Bid period of any questions, suppositions, inferences or deductions
Bidders may have for District’s review and response.
3.2
District has provided time in the period prior to bidding for Bidder to perform these investigations.
4.
ACCESS TO SITE FOR INVESTIGATIONS
4.1
During the Pre-Bid Site Visit(s), District will provide each Bidder access to the Site to conduct such
examinations, investigations, explorations, tests, and studies, as each Bidder deems necessary for
submission of a Bid. Bidders must fill all holes and clean up and restore the Site to its former conditions
upon completion of such explorations, investigations, tests, and studies. Such investigations may be
performed only under the provisions of Document 00200 (Instructions to Bidders) and Document 00700
(General Conditions) including, but not limited to, proof of insurance and obligation to indemnify against
claims arising from such investigation work. Each Bidder shall supply all equipment required to perform
any investigations as each Bidder deems necessary. District has the right to limit the number of pieces of
machinery operating at one time due to safety concerns.
END OF DOCUMENT
Geotechnical Data and Existing Conditions
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Contract No. B-01-2014-15
DOCUMENT 00335
HAZARDOUS MATERIALS SURVEY
1.
SUMMARY
1.1
2
This Document 00335 describes hazardous material surveys included with the Contract Documents
and use of data therein.
REPORTS AND INFORMATION
2.1
The Berryessa Union School District, its consultants, contractors and tenants have prepared
documents providing a general description of the Site and locations of hazardous materials subject of
the Work. These documents are made available for review and copying. The documents are the
following:
1.
3.
4.
ASBESTOS REPORT
USE OF DATA AND INFORMATION
3.1
Data and information regarding the locations of hazardous materials are part of Contract Documents.
Bidders may rely on this data and information for general accuracy regarding the location of
potentially hazardous materials subject of the Work.
3.2
The District does not warrant and makes no representation regarding the completeness or
thoroughness of any data or information regarding existing conditions or hazardous materials,
including, but not limited to, quantities, characteristics, volumes, or associated structural features.
Bidder represents and agrees that in submitting a Bid it is not relying on any such data, information
or deductions.
INVESTIGATIONS
4.1
See Document 00320 (Geotechnical Data and Existing Conditions regarding access to the Site for
investigation. Additionally, any investigation performed by Bidder to verify hazardous
materials/waste conditions must comply with the provisions of Document 00700 (General
Conditions), including but not limited to the requirements regarding compliance with all laws,
permits, giving of all notices, and indemnification. Bidder must fill all holes and clean up and
restore the Site to its former condition upon completion of such explorations, investigations, tests and
studies. Bidders shall also present proof of any additionally required insurance satisfactory to
District.
END OF DOCUMENT
Hazardous Materials Survey
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DOCUMENT 00400
BID FORM
TO THE BERRYESSA UNION SCHOOL DISTRICT
THIS BID IS SUBMITTED BY:
____________________________________________________________________________________
(Firm/Company Name)
Contract No. B-01-2014-15
INSTALLATION OF REPLACEMENT HVAC HEAT PUMPS AT TWO SCHOOLS
1.
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the
Berryessa Union School District, (“District”) in the form included in the Contract Documents, Document
00520 (Agreement), to perform and furnish all Work as specified or indicated in the Contract Documents
for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other
terms and conditions of the Contract Documents.
2.
Bidder accepts all of the terms and conditions of the Contract Documents, Document 00100
(Advertisement for Bids), and Document 00200 (Instructions to Bidders), including, without limitation,
those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 Days
after the day of Bid opening.
3.
In submitting this Bid, Bidder represents:
(a)
Bidder has examined all of the Contract Documents and the following Addenda (receipt of all of
which is hereby acknowledged).
Addendum Number
Addendum Date
Signature of Bidder
(b)
Bidder acknowledges receipt of Pre-Bid Conference minutes, if any.
(c)
Bidder has visited the Site and performed all tasks, research, investigation, reviews, examinations,
and analysis and given notices, regarding the Project and the Site, as set forth in Document 00520
(Agreement), Article 5.
(d) Bidder has given the District prompt written notice of all conflicts, errors, ambiguities, or
discrepancies that it has discovered in or among the Contract Documents and as-built drawings and
actual conditions and the written resolution thereof through Addenda issued by the District is
acceptable to Contractor.
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4.
BASE BID PRICE: Based on the foregoing, Bidder proposes and agrees to fully perform the Work within
the time stated and in strict accordance with the Contract Documents for the following sum of money:
($
)
4.1
Allowances: Bidder acknowledges that the quantities listed in Section 01035 Quantity Allowances are
included in the above Base Bid Price.
5.
Subcontractors for work included in all Bid items are listed on the attached Document 00430
(Subcontractors List).
6.
The undersigned Bidder understands that District reserves the right to reject this Bid.
7.
If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or
delivered to the undersigned Bidder within the time described in Paragraph 2 of this Document 00400 or at
any other time thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the
documents required by Document 00200 (Instructions to Bidders) within the times specified therein. These
documents include, but are not limited to, Document 00520 (Agreement), Document 00610 (Construction
Performance Bond), and Document 00620 (Construction Labor and Material Payment Bond).
8.
Notice of Award or request for additional information may be addressed to the undersigned Bidder at the
address set forth below.
9.
The undersigned Bidder herewith encloses cash, a cashier’s check, or certified check of or on a responsible
bank in the United States, or a corporate surety bond furnished by a surety authorized to do a surety
business in the State of California, in form specified in Document 00200 (Instructions to Bidders), in the
amount of ten percent (10%) of the Total Bid Price and made payable to “Berryessa Union School
District.”
10.
The undersigned Bidder agrees to commence Work under the Contract Documents on the date established
in Document 00700 (General Conditions) and to complete all Work within the time specified in Document
00520 (Agreement). The undersigned Bidder acknowledges that the District has reserved the right to delay
or modify the commencement date. The undersigned Bidder further acknowledges District has reserved the
right to perform independent work at the Site, the extent of such work may not be determined until after the
opening of the Bids, and that the undersigned Bidder will be required to cooperate with such other work in
accordance with the requirements of the Contract Documents.
11.
The undersigned Bidder agrees that, in accordance with Document 00700 (General Conditions), liquidated
damages for failure to complete all Work in the Contract within the time specified in Document 00520
(Agreement) shall be as set forth in Document 00520 (Agreement).
12.
In accordance with subdivision (b) (1) of Section 1771.5 of the Labor Code, the following notice is given:
Contractor and any subcontractors are required to review and comply with the provisions of the California
Labor Code, Part 7, Chapter 1, beginning with Section 1720, and the regulations of the Department of
Industrial Relations implementing those provisions. These statutory and regulatory provisions contain
specific requirements concerning the determination and payment of prevailing wages, retention, inspection
and auditing of payroll records, use of apprentices, payment of overtime compensation, securing of workers
compensation insurance, and various criminal penalties or fines which may be imposed for violations of the
requirements of the chapter. Submission of a bid constitutes Contractor’s representation that it has
thoroughly reviewed these requirements.
Bid Form
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13.
SB-854 COMPLIANCE: No contractor or subcontractor may be listed on a bid proposal for a public
works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid
purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a
contract for public work on a public works project (awarded on or after April 1, 2015) unless registered
with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor
Commissioner (aka Division of Labor Standards Enforcement).
14.
The names of all persons interested in the foregoing Bid as principals are:
IMPORTANT NOTICE:
If Bidder or other interested person is a corporation, give the legal name of
corporation, state where incorporated, and names of president and secretary
thereof; if a partnership, give name of the firm and names of all individual copartners composing the firm; if Bidder or other interested person is an
individual, give first and last names in full.
NAME OF BIDDER: __________________________________________________________________________
licensed in accordance with an act for the registration of Contractors, and with license number:_________________
____________________ Expiration: __________________
DIR Registration Number ___________________________
______________________________________________
(Place of Incorporation, if Applicable)
___________________________________________
(Principal)
___________________________________________
(Principal)
___________________________________________
(Principal)
I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
___________________________________________
(Signature of Bidder)
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Contract No. B-01-2014-15
NOTE: If Bidder is a corporation, set forth the legal name of the corporation together with the signature of the
officer or officers authorized to sign contracts on behalf of the corporation. If Bidder is a partnership, set
forth the name of the firm together with the signature of the partner or partners authorized to sign contracts
on behalf of the partnership.
Business Address:
__________________________________________
__________________________________________
__________________________________________
Contractor’s Representative(s):
__________________________________________
(Name/Title)
__________________________________________
(Name/Title)
__________________________________________
(Name/Title)
Officers Authorized to Sign Contracts
__________________________________________
(Name/Title)
__________________________________________
(Name/Title)
__________________________________________
(Name/Title)
Telephone Number(s):
__________________________________________
(Area Code)
(Number)
__________________________________________
(Area Code)
(Number)
Fax Number(s):
__________________________________________
(Area Code)
(Number)
__________________________________________
(Area Code)
(Number)
Date of Bid:
__________________________________________
END OF DOCUMENT
Bid Form
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DOCUMENT 00411
BOND ACCOMPANYING BID
KNOW ALL BY THESE PRESENTS:
That the undersigned ___________________________________________________________________ ,
(Name of Contractor)
as Principal and the undersigned as Surety are held and firmly bound unto the Berryessa Union School District,
(“District”), as obligee, in the penal sum of
($
Dollars
_) lawful money of the United States of America being at least ten percent (10%) of the
aggregate amount of said Principal _____________________________________________________________’s
base Bid, for the payment of which, well and truly to be made, we bind ourselves, our successors, executors,
administrators, and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said Principal is submitting a Bid for:
Contract No. B-01-2014-15
INSTALLATION OF REPLACEMENT HVAC HEAT PUMPS AT TWO SCHOOLS
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Bid submitted by the said Principal be
accepted and the Contract be awarded to said Principal and said Principal shall within the required periods enter into
the Contract so awarded and provide the required Construction Performance Bond, Construction Labor and Material
Payment Bond, insurance certificates, and all other endorsements, forms, and documents required under Document
00200 (Instructions to Bidders), then this obligation shall be void, otherwise to remain in full force and effect.
IN WITNESS WHEREOF, the above bounden parties have executed this instrument this ______ day of
______________________________, 2015
(Month)
(Corporate Seal)
By _______________________________________________
Principal
By _______________________________________________
Surety
(Corporate Seal)
By _______________________________________________
Attorney in Fact
NOTE: The bonding company must be licensed to do business in the State of California. Provide a copy of the
Power of Attorney showing the bonding company authorization of the California attorney-in-fact who executes the
bond for the company. The Contractor’s and bonding company agent’s signatures on each bond, and the signatures
on the Powers of Attorney must all be NOTORIZED.
END OF DOCUMENT
Bid Bond
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DOCUMENT 00420
BIDDER REGISTRATION FORM
INSTRUCTIONS
In order to register to undertake work for the Berryessa Union School District, Bidder must:
1)
Fill out this registration form completely; do not leave blanks.
2)
Provide certificates of insurance or a letter evidencing coverage complying
with Paragraph 4.2 of Document 00700 (General Conditions).
CONTRACTOR REGISTRATION
Contractor’s License #
Date:
Fed I.D. #
Full Corporate Name of Company:
Street Address:
Mailing Address:
Phone:
Fax:
Name of Principal Contact:
Type of Business:
_____ Sole Proprietor
_____ Partnership
_____ Non-Profit 501 C3
_____ Corporation
_____ other (please explain:__________________________________)
License classifications held in California:
Has your Contractor’s license been revoked at any time in the last five years?
Yes
No
Bidder Registration Form
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Contract No. B-01-2014-15
INSURANCE
Workers’ Compensation:
Carrier:
Address:
Phone and Fax:
Policy Number:
General Liability:
Carrier:
Address:
Phone and Fax:
Policy Number:
Policy Limits: $
A.M. Best Rating:
Automobile Liability:
Carrier:
Address:
Phone and Fax:
Policy Number:
Policy Limits: $
A.M. Best Rating:
All-risk Course of Construction:
Carrier:
Address:
Phone and Fax:
Bidder Registration Form
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Contract No. B-01-2014-15
Policy Number:
Policy Limits: $
A.M. Best Rating:
Environmental Impairment Liability Insurance
Carrier:
Address:
Phone and Fax:
Policy Number:
Policy Limits: $
A.M. Best Rating:
In the last five (5) years has any insurance carrier, for any form of insurance, refused to renew the insurance policy
for your firm?
Yes
No
If Yes, explain on a separate, signed page the name of the insurance carrier, the form of insurance and the year of the
refusal.
BIDDER CERTIFIES, UNDER PENALTY OF PERJURY, THAT THE FOREGOING
INFORMATION IS CURRENT AND ACCURATE AND AUTHORIZES THE BERRYESSA UNION
SCHOOL DISTRICT, AND ITS AGENTS AND REPRESENTATIVES TO VERIFY ANY OF THE ABOVE
INFORMATION.
SIGNATURE
DATE
Bidder Registration Form
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Contract No. B-01-2014-15
SAFETY EXPERIENCE
The following statements as to the Bidder’s safety experience are submitted with the Bid, as part thereof, and
the Bidder guarantees the truthfulness and accuracy of all information.
1.
List Bidder’s interstate Experience Modification Rate (EMR) for the last three years.
2011
_____
2012
_____
2013
_____
If your EMR rate for any of these three years is or was 1.00 or higher you may, if you wish, attach a letter of
explanation.
1.
Use Bidder’s last year's Cal/OSHA 200 log to fill in the following number of injuries and illnesses:
a.
Number of lost workday cases
_______________
b.
Number of medical treatment cases
_______________
c.
Number of fatalities
_______________
2.
Employee hours worked last year
_______________
3.
State the name of Bidder’s safety engineer/manager:
Attach a resume or outline of this individual's safety and health qualifications and experience.
5.
Has CAL OSHA cited and assessed penalties against your firm for any “serious,” “willful,” or “repeat”
violations of its safety or health regulations in the past five (5) years?
Yes
No
If Yes, on a separate, signed page describe the citation(s), including information about the date, the nature of the
violation, the project, the penalties paid, if any, and if the citation was appealed.
6.
Has the Federal Occupational Safety and Health Administration cited and assessed penalties against your firm
in the past five (5) years?
Yes
No
If Yes, on a separate, signed page describe the citation(s), including information about the date, the nature of the
violation, the project, the penalties paid, if any, and if the citation was appealed.
I CERTIFY, UNDER PENALTY OF PERJURY, THAT THE FOREGOING INFORMATION IS
CURRENT AND ACCURATE.
Name of Company
By: ________________________________________________
Signature
Print Name
Date
Bidder Registration Form
00420- 4
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Contract No. B-01-2014-15
PROJECT REFERENCE LIST
Please provide at least four (4) recent public project references Berryessa may contact
Project Name:
Project Dollar Amount and Date of Completion:
Owner:
Address:
Phone/Fax Numbers:
Contact Name:
Project Name:
Project Dollar Amount and Date of Completion:
Owner:
Address:
Phone/Fax Numbers:
Contact Name:
Project Name:
Project Dollar Amount and Date of Completion:
Owner:
Address:
Phone/Fax Numbers:
Contact Name:
Project Name:
Project Dollar Amount and Date of Completion:
Owner:
Address:
Phone/Fax Numbers:
Contact Name:
Bidder Registration Form
00420- 5
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Contract No. B-01-2014-15
FINANCIAL INFORMATION
1. Number of years your organization has been in business as a contractor:
2. Number of years your organization has conducted business under its present name:
3. Attach a current (current = 3 months or less) audited, reviewed or compiled Financial Statement for your
organization prepared by a Certified Public Accountant (CPA) licensed under the laws of the State of California
utilizing generally accepted accounting practices applied in a consistent manner.
The Financial Statement must include a current balance sheet and income statement showing:
A. Current Assets (cash, accounts receivable, accrued income, deposits, material inventory, etc.)
B. Net Fixed Assets
C. Other Assets
D. Current Liabilities (accounts payable, accrued salaries, accrued payroll taxes, etc.)
E.
Other Liabilities (capital, capital stock, earned surplus, retained earnings, etc.)
4. State your firm’s gross revenues for each of the last three years:
I CERTIFY, UNDER PENALTY OF PERJURY, THAT THE FOREGOING INFORMATION IS
CURRENT AND ACCURATE AND I AUTHORIZE THE BERRYESSA UNION SCHOOL DISTRICT, AND
ITS AGENTS AND REPRESENTATIVES TO OBTAIN A CREDIT REPORT AND/OR VERIFY ANY OF
THE ABOVE INFORMATION.
Name of Company
By: ________________________________________________
Signature
Print Name
Date
Bidder Registration Form
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Contract No. B-01-2014-15
ORGANIZATIONAL PERFORMANCE
1.
At any time in the last five (5) years, has any surety company made any payments on your firm’s behalf as
a result of a default, to satisfy any claims made against a performance or payment bond issued on your
behalf, in connection with a construction project, either public or private?
Yes
No
If Yes, explain on a separate, signed page the amount of each such claim, the name and telephone number of the
claimant, the date of the claim, the grounds for the claim, the present status of the claim, the date of resolution of
such claim if resolved, the method by which such was resolved if resolved, the nature of the resolution and the
amount, if any, at which the claim was resolved.
2.
At any time during the last five (5) years, has your firm, or any of its owners or officers been convicted of a
crime involving the awarding of a contract of a public construction project, or the bidding or performance
of a public contract?
Yes
No
If Yes, explain on a separate, signed page identifying who was involved, the name of the public agency, the date of
the investigation and the grounds for the finding.
3.
At any time in the last five (5) years has your firm assessed or paid liquidated damages after completion of
a project under a construction contract with either a public or private owner?
Yes
No
If Yes, explain on a separate, signed page identifying all such projects by owner, owner’s address, the date of
completion of the project, amount of liquidated damages assessed and all other information necessary to fully
explain the assessment of liquidated damages.
4.
In the last five (5) years has your firm, been denied an award of a public works contract based on a finding
by a public agency that your company was not a responsible bidder?
Yes
No
If Yes, explain on a separate, signed page. Identify the year of the event, the owner, the project and the basis for the
finding by the public agency.
5.
In the past five (5) years has any claim against your firm concerning your firm’s work on a construction
project been filed in court or arbitration?
Yes
No
If Yes, explain on a separate, signed page identifying the claim by providing the project name, date of the claim,
name of the claimant, a brief description of the nature of the claim, the court in which the case was filed and a brief
description of the status of the claim (pending, or if resolved, a brief description of the resolution).
Bidder Registration Form
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Contract No. B-01-2014-15
6.
In the past five (5) years has your firm made any claim against a project owner concerning work on a
project or payment for a contract and filed that claim in court or arbitration?
Yes
No
If Yes, on a separate signed page, identify the claim by providing the name, date of the claim, name of the entity
against whom the claim was filed, a brief description of the nature of the claim, the court in which the case was filed
and a brief description of the status of the claim (pending, or if resolved, a brief description of the resolution).
7.
Has there been more than one occasion during the last five (5) years in which your firm (not one of your
subcontractors) was required to pay back either back wages or penalties for your own firm’s failure to
comply with the California state prevailing wage laws and/or Federal Davis-Bacon prevailing wage
requirements?
Yes
No
If Yes, on a separate, signed page describing the nature of each violation, identifying the name of the project, the
date of its completion, the public agency for which for which it was constructed, the number of employees who were
initially underpaid, and the amount of back wages and penalties that you were required to pay.
8.
At any time in the last five (5) years, has your firm been found to have violated any provisions of
California’s apprenticeship laws or regulations, or the laws pertaining to use of apprentices on public work
projects?
Yes
No
If Yes, on a separate, signed page provide the date(s) of such findings and attach copies of the Department’s final
decision(s).
Bidder Registration Form
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Contract No. B-01-2014-15
BERRYESSA UNION SCHOOL DISTRICT
FINGERPRINTING POLICY
FINGERPRINTING AND CRIMINAL RECORDS CHECK OF CONTRACTOR’S EMPLOYEES
Contractor shall comply with the provisions of Education Code Section 45125.2. This new provision of the
Education Code requires that K-12 school districts which contract with an entity for the construction, reconstruction,
rehabilitation or repair of a school facility where the employees of the entity will have contact, other than limited
contact, with students shall ensure student safety by one or more of the following methods:
1. Installation of a physical barrier at the work site to limit contact with students.
2. Provide continual supervision and monitoring of all of the entity’s employees by an employee of the entity
whom the Department of Justice has ascertained has not been convicted of a violent or serious felony (as
defined by the Penal Code).
3. Provide surveillance of the entity’s employees by school personnel.
If one or more of these methods is utilized, then the entity is not required to comply with Education Code Section
45125.1 (which requires fingerprinting of all entity employees).
Education Code Section 45125.1 regarding the submission of employee fingerprints to the California Department of
Justice and the completion of criminal background investigations of its employees. Contractor shall not permit any
employees to have any contact with District pupils until such time as Contractor has verified in writing to the
governing board of the Berryessa Union School District that such employee has not been convicted of a felony as
defined in Education Code Section 45125.1. Contractor’s responsibility shall extend to all employees,
subcontractors, and employees of subcontractors regardless of whether such individuals are paid or unpaid,
concurrently employed by the District, and/or acting as independent contractors of the Contractor. Verification of
compliance with this section shall be provided in writing to the District prior to each individual’s commencement of
employment or participation in the project and prior to permitting contact with pupils.
As suppliers of goods and services to the Berryessa Union School District, the firm listed below certifies and agrees
to comply with Education Code Sections 45125.1 and 45125.2.
Company Name
Authorized Signature
Title
Date
END OF DOCUMENT
Bidder Registration Form
00420- 9
Installation of Replacement
Heat Pumps at Two Schools
HVAC
Contract No. B-01-2014-15
DOCUMENT 00430
SUBCONTRACTORS LIST
Bidder submits the following information as to the subcontractors Bidder intends to employ if awarded the Contract.
Full Name of Subcontractor and
Address of Mill or Shop
Sub’s License Number/
Sub’s DIR Registration
Number
Description of Work:
Reference To Bid Items
(Bidder to attach additional sheets if necessary)
Name of Contractor:
END OF DOCUMENT
Subcontractors List
00430- 1
Installation of Replacement HVAC
Heat Pumps at Two Schools
Contract No. B-01-2014-15
DOCUMENT 00481
NON-COLLUSION AFFIDAVIT
PUBLIC CONTRACT CODE §7106
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA
)
) ss.
COUNTY OF _________________)
_________________________________________________________________________, being first duly sworn,
(Name of Principal of Bidder)
deposes and says that he or she is _______________________________________________________________
(Office of Affiant)
of _________________________________________________________________________________, the party
(Name of Bidder)
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 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, and 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 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 Berryessa Union School District, or anyone interested in the proposed contract; that all
statements contained in the Bid are true; and further, that Bidder has not, directly or indirectly, submitted its 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.
Executed under penalty of perjury under the laws of the State of California:
(Name of Company)
(Signature of Principal)
Subscribed and sworn before me
This _____________ day of ____________________________, 2015
Notary Public of the State of ________________________________________________
In and for the County of____________________________________________________
My Commission expires____________________________________________________
Non-Collusion Affidavit
00481- 1
(Seal)
Installation of Replacement HVAC Heat
Pumps at Two Schools
Contract No. B-01-2014-15
NOTE:
If Bidder is a partnership or a joint venture, this affidavit must be signed and sworn to by every
member of the partnership or venture.
NOTE:
If Bidder [including any partner or venturer of a partnership or joint venture] is a corporation, this
affidavit must be signed by the Chairman, President, or Vice President and by the Secretary,
Assistant Secretary, Chief Financial Officer, or Assistant Treasurer.
NOTE:
If Bidder’s affidavit on this form is made outside the State of California, the official position of
the person taking such affidavit shall be certified according to law.
END OF DOCUMENT
Non-Collusion Affidavit
00481- 2
Installation of Replacement HVAC Heat
Pumps at Two Schools
Contract No. B-01-2014-15
DOCUMENT 00482
BIDDER CERTIFICATIONS
INSTALLATION OF REPLACEMENT HVAC HEAT PUMPS AT TWO SCHOOLS
CONTRACT NUMBER B-01-2014-15
TO BE EXECUTED BY ALL BIDDERS AND SUBMITTED WITH BID
The undersigned Bidder certifies to the Berryessa Union School District as set forth in sections 1 through 3 below.
1.
STATEMENT OF CONVICTIONS
By my signature hereunder, I hereby swear, under penalty of perjury, that no more than one final, unappealable
finding of contempt of court by a Federal Court has been issued against Bidder within the past two years because of failure
to comply with an order of a Federal Court or to comply with an order of the National Labor Relations Board.
2.
CERTIFICATION OF WORKER’S COMPENSATION INSURANCE
By my signature hereunder, as the Contractor, I certify that I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be insured against liability for worker's compensation or to undertake selfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the
performance of the work of this Contract.
3.
CERTIFICATION OF PREVAILING WAGE RATES, RECORDS AND SB 854
By my signature hereunder, as the Contractor, I certify that I am aware of the provisions of Section 1773 of the
California Labor Code, which requires the payment of prevailing wages on public projects. Also, that the Contractor and
any subcontractors under the Contractor shall comply with California Labor Code §1776, regarding wage records, and with
California Labor Code §1777.5, regarding the employment and training of apprentices. It is the Contractor’s responsibility
to ensure compliance by any and all subcontractors performing work under this Contract.
4.
CERTIFICATION OF COMPLIANCE WITH PUBLIC WORKS CHAPTER OF LABOR CODE
By my signature hereunder, as the Contractor, I certify that I am aware of Sections 1725.5, 1777.1(a) and 1777.7
of the California Labor Code and Contractor and Subcontractors and am eligible to bid and work on public works projects.
BIDDER:
(Name of Company)
Date: ___________________, 2015
By:
(Signature)
Name:
(Print Name)
Its:
(Title)
END OF DOCUMENT
Bidder Certifications
00482- 1
Installation of Replacement HVAC
Heat Pumps at Two Schools
Contract No. B-01-2014-15
DOCUMENT 00505
NOTICE OF INTENT TO AWARD FOR CONSTRUCTION
DATE POSTED:
CONTRACT NUMBER:
B-01-2014-15
PROJECT TITLE:
INSTALLATION OF REPLACEMENT HVAC HEAT PUMPS AT TWO
SCHOOLS
___________________________________, the ___________________________________________ of
the Berryessa Union School District, intends to recommend to the Board of Trustees of the Berryessa Union School
District the Award of the above-referenced Project to
.
(Name of Contractor)
BERRYESSA UNION SCHOOL DISTRICT
By:
(Print name)
Title:
Date:
END OF DOCUMENT
Notice to Intent to Award for Construction
00505- 1
Installation of Replacement HVAC Heat
Pumps at Two Schools
Contract No. B-01-2014-15
DOCUMENT 00510
NOTICE OF AWARD
Dated
TO:
ADDRESS:
CONTRACT NO.:
CONTRACT FOR:
B-01-2014-15
INSTALLATION OF REPLACEMENT HVAC HEAT PUMPS AT TWO SCHOOLS
The Contract Sum is ____________________________________________________________________________
___________________________________________________________ Dollars ($________________________).
1.
Four copies of the proposed Contract Documents listed below accompany this Notice of Award.
2.
You must comply with the following conditions precedent by 4:00 p.m. of the 10th Day following the date
of this Notice of Award, that is, by [Day of the Week, Month Day, 200__].
a.
Deliver to District THREE fully executed counterparts of Document 00520 (Agreement). Each copy
of Document 00520 (Agreement) must bear your original signature on the signature page and your
initials on each page.
b.
Deliver to District TWO originals of Document 00610 (Construction Performance Bond), executed by
you and your surety.
c.
Deliver to District TWO originals of Document 00620 (Construction Labor and Material Payment
Bond), executed by you and your surety.
d.
Deliver to District TWO original sets of the insurance certificates with endorsements required under
Document 00700 (General Conditions).
3.
Failure to comply with these conditions within the time specified will entitle District to consider your Bid
abandoned, to annul this Notice of Award, and to declare your Bid security forfeited.
4.
Within ___ days after you comply with the conditions in Paragraph 2 of this Document 00510, District will
return to you one fully signed counterpart of Document 00520 (Agreement) with ____ copies of the Project
Manual (including Specifications and Drawings) and ____ sets of full-size Drawings.
5.
Before you may start any Work at the Site, you must attend a preconstruction conference. The
preconstruction conference may be arranged through James Bakos, Director of Facilities and Maintenance
(408) 923-1890. Questions regarding bonds and insurance may be directed to Bonny S Gregorius,
Purchasing Manager at 408-923-1871.
Notice of Award
00510- 1
Installation of Replacement HVAC Heat
Pumps at Two Schools
Contract No. B-01-2014-15
6.
SB 854 COMPLIANCE: No contractor or subcontractor may be listed on a bid proposal for a public
works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid
purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project
(awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant
to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
7.
FURNISHING OF ELECTRONIC CERTIFIED PAYROLL RECORDS TO LABOR
COMMISSIONER:
All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor
Commissioner (aka Division of Labor Standards Enforcement).
BERRYESSA UNION SCHOOL DISTRICT
By:
(Print name)
Title:
Date:
Board Approval Date:
END OF DOCUMENT
Notice of Award
00510- 2
Installation of Replacement HVAC Heat
Pumps at Two Schools
Contract No. B-01-2014-15
DOCUMENT 00520
AGREEMENT
THIS AGREEMENT, dated this [date] day of [Month], [200__], by and between [Name of Contractor] whose
place of business is located at [Address of Contractor] (“Contractor”), and the BERRYESSA UNION SCHOOL
DISTRICT (“District”), acting under and by virtue of the authority vested in the District by the laws of the State of
California.
WHEREAS, District, by its Resolution No. [insert number] adopted on the [date] day of [Month, Year] awarded
to Contractor the following Contract:
CONTRACT NUMBER B-01-2014-15
INSTALLATION OF REPLACEMENT HVAC HEAT PUMPS AT TWO SCHOOLS
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and
District agree as follows:
Article 1. Work
1.1
Contractor shall complete all Work specified in the Contract Documents, in accordance with the
Specifications, Drawings, and all other terms and conditions of the Contract Documents.
Article 2. Architect/Project Manager
2.1
The District’s Assistant Superintendent of Business Services or designee shall have final authority over all
matters pertaining to the Contract Documents and shall have authority to modify the Contract Documents
on behalf of the District, to accept work, and to make decisions or actions binding on the District, and shall
have signature authority on behalf of the District.
2.2
The District may assign all or part of the Project Manager’s rights, responsibilities and duties to a
Construction Manager.
Article 3. Contract Time and Liquidated Damages
3.1
Contract Time
Contractor shall commence Work on the date established in the Notice to Proceed. District reserves the right to
modify or alter the Commencement Date of the Work.
________
Initial
Agreement
00520- 1
Installation of Replacement
Heat Pumps at Two Schools
HVAC
Contract No. B-01-2014-15
Contractor shall achieve Substantial Completion of the entire Work within ___ Days from the date when the
Contract Time commences to run as provided in Document 00700 (General Conditions). Contractor shall achieve
Final Completion of the entire Work and be ready for Final Payment in accordance with Section 01770 (Contract
Closeout) ___ Days from the date when the Contract Time commences to run as provided in Document 00700
(General Conditions).
3.2
Liquidated Damages
District and Contractor recognize that time is of the essence of this Agreement and that District will suffer financial
loss in the form of Contract administration expenses (such as Project management and consultant expenses), if all or
any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in
accordance with the Contract Documents. Contractor and District agree that because of the nature of the Project, it
would be impractical or extremely difficult to fix the amount of actual damages incurred by District because of a
delay in completion of all or any part of the Work. Accordingly, District and Contractor agree that as liquidated
damages for delay Contractor shall pay District:
3.2.1
Five Hundred dollars ($500.00) for each Day that expires after the time specified herein for Contractor to
achieve Substantial Completion of the entire Work, until achieved.
3.2.2
Five Hundred dollars ($500.00) for each Day that expires after the time specified herein for Contractor to
achieve Final Completion of the entire Work, until achieved.
These measures of liquidated damages shall apply cumulatively and except as provided below, shall be
presumed to be the damages suffered by District resulting from delay in completion of the Work.
3.3
Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss
of public use damages suffered by District as a result of delay. Liquidated damages shall not cover the cost
of completion of the Work, damages resulting from Defective Work, lost revenues or costs of substitute
facilities, or damages suffered by others who then seek to recover their damages from District (for example,
delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof.
Article 4. Contract Sum
4.1
District shall pay Contractor the Contract Sum for completion of Work in accordance with Contract
Documents as set forth in Contractor’s Bid, attached hereto.
Article 5. Contractor’s Representations
In order to induce District to enter into this Agreement, Contractor makes the following representations and
warranties:
5.1
Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the
Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions,
and federal, state and local laws and regulations that in any manner may affect cost, progress, performance
or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or
procedures of construction to be employed by Contractor and safety precautions and programs incident
thereto.
5.2
Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface
conditions, as-built drawings, drawings, products specifications or reports, available for Bidding purposes,
of physical conditions, including Underground Facilities, which have been made available for Bidders or
which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and
________
Initial
Agreement
00520- 2
Installation of Replacement
Heat Pumps at Two Schools
HVAC
Contract No. B-01-2014-15
Document 00700 (General Conditions) of the limited extent of the information contained in such materials
upon which Contractor may be entitled to rely. Contractor agrees that except for the information so
identified, Contractor does not and shall not rely on any other information contained in such reports and
drawings.
5.3
Contractor has conducted or obtained and has understood all such examinations, investigations,
explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of
this Document 00520) that pertain to the subsurface conditions, as-built conditions, Underground Facilities
and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress,
performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of
Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions
of the Contract Documents, including specifically the provisions of Document 00700 (General Conditions);
and no additional examinations, investigations, explorations, tests, reports, studies or similar information or
data are or will be required by Contractor for such purposes.
5.4
Contractor has correlated its knowledge and the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with the terms and conditions of the Contract
Documents.
Article 6. Contract Documents
6.1
Contract Documents consist of the following documents, including all changes, Addenda, and
Modifications thereto:
Document 00510
Document 00520
Document 00550
Document 00610
Document 00620
Document 00630
Document 00700
Document 00821
Document 00910
Specifications
Drawings
6.2
Notice of Award
Agreement
Notice to Proceed
Construction Performance Bond
Construction Labor and Material Payment Bond
Guaranty
General Conditions
Supplementary Conditions – Insurance
Addenda
There are no Contract Documents other than those listed in this Document 00520, Article 6. The Contract
Documents may only be amended, modified or supplemented as provided in Document 00700 (General
Conditions).
Article 7. Miscellaneous
7.1
Terms and abbreviations used in this Agreement are defined in Document 00700 (General Conditions) and
Section 01420 (References and Definitions) and will have the meaning indicated therein.
7.2
It is understood and agreed that in no instance are the persons signing this Agreement for or on behalf of
District or acting as an employee, agent, or representative of District, liable on this Agreement or any of the
Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and
agreed that liability of the District is limited and confined to such liability as authorized or imposed by the
Contract Documents or applicable law.
________
Initial
Agreement
00520- 3
Installation of Replacement
Heat Pumps at Two Schools
HVAC
Contract No. B-01-2014-15
7.3
Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the
Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contract
Code §4100 et seq.
7.4
The Contract Sum includes all allowances (if any).
7.5
In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a
public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all
rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15
U.S.C. §15) or under the Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of Division 7 of
the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the
public works contract or the subcontract. This assignment shall be made and become effective at the time
District tenders final payment to Contractor, without further acknowledgment by the parties.
7.6
SB 854 COMPLIANCE: No contractor or subcontractor may be listed on a bid proposal for a public works
project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations
pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes
only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project
(awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant
to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations. All contractors and subcontractors must furnish electronic certified payroll records directly to
the Labor Commissioner (aka Division of Labor Standards Enforcement).
7.7
Pursuant to California Labor Code §1861, Contractor represents that it is aware of the provisions of Section
3700 of the Labor Code which require every employer to be insured against liability for workers’
compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor
shall comply with such provisions before commencing the performance of the Work of the Contract
Documents.
7.8
Should any part, term or provision of this Agreement or any of the Contract Documents, or any document
required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all
remaining parts, terms and provisions shall remain in full force and effect and shall in no way be
invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or
unenforceability may be waived, they are hereby waived to the end that this Agreement and the Contract
Documents may be deemed valid and binding agreements, enforceable in accordance with their terms to the
greatest extent permitted by applicable law. In the event any provision not otherwise included in the
Contract Documents is required to be included by any applicable law, that provision is deemed included
herein by this reference (or, if such provision is required to be included in any particular portion of the
Contract Documents, that provision is deemed included in that portion).
7.9
This Agreement and the Contract Documents shall be deemed to have been entered into in the County of
Santa Clara, State of California, and governed in all respects by California law (excluding choice of law
rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County Superior
Court. Both parties hereby waive their rights under California Code of Civil Procedure §394 to file a
motion to transfer any action or proceeding arising out of the Contract Documents to another venue.
________
Initial
Agreement
00520- 4
Installation of Replacement
Heat Pumps at Two Schools
HVAC
Contract No. B-01-2014-15
IN WITNESS WHEREOF the parties have executed this Agreement in quadruplicate the day and year first above
written.
CONTRACTOR: [CONTRACTOR’S NAME]
By: ________________________________
(Signature)
By: ___________________________________
(Signature)
Its: _________________________________
Title (If Corporation: Chairman, President
or Vice President)
Its: ___________________________________
Title (If Corporation: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer)
DISTRICT:
BERRYESSA UNION SCHOOL DISTRICT
By:
(Signature)
(Print Name)
(Title)
APPROVED AS TO FORM AND LEGALITY
THIS __ DAY OF _____, 2015
BOARD APPROVAL DATE: ___________
END OF DOCUMENT
________
Initial
Agreement
00520- 5
Installation of Replacement
Heat Pumps at Two Schools
HVAC
Contract No. B-01-2014-15
DOCUMENT 00610
CONSTRUCTION PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND (“Bond”) is dated ________________, 2015 is in the
penal sum of _____________________________________________________ [which is one hundred percent of
the Contract Sum], and is entered into by and between the parties listed below to ensure the faithful performance of
the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions,
Paragraphs 1 through 12, attached to this page. Any singular reference to __________________________________
(“Contractor”), _________________________________________ (“Surety”), Berryessa Union School District
(“District”), or other party shall be considered plural where applicable.
CONTRACTOR:
SURETY:
_____________________________________________
Name
___________________________________________
Name
Address
Principal Place of Business
City/State/Zip
City/State/Zip
INSTALLATION OF REPLACEMENT HVAC HEAT PUMPS AT TWO SCHOOLS
CONTRACT NUMBER: B-01-2014-15
Located at Brooktree Elementary School, 1781 Olivetree Dr., San Jose, CA 95132.
Located at Summerdale Elementary School, 1100 Summerdale Dr., San Jose, CA 95132
DATED
, 2015 in the Amount of $
(the “Penal Sum”).
CONTRACTOR AS PRINCIPAL
SURETY
Company: (Corp. Seal)
Company: (Corp. Seal)
Signature:
Signature:
Name:
Name:
Title:
Title:
Performance Bond
00610- 1
Installation of Replacement HVAC
Heat Pumps at Two Schools
Contract No. B-01-2014-15
BOND TERMS AND CONDITIONS
1.
Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators,
successors and assigns to District for the complete and proper performance of the Construction Contract,
which is incorporated herein by reference.
2.
If Contractor completely and properly performs all of its obligations under the Construction Contract,
Surety and Contractor shall have no obligation under this Bond.
3.
If there is no District Default, Surety’s obligation under this Bond shall arise after:
4.
3.1
District has declared a Contractor Default under the Construction Contract pursuant to the terms of
the Construction Contract; and
3.2
District has agreed to pay the Balance of the Contract Sum:
3.2.1
To Surety in accordance with the terms of this Bond and the Construction Contract; or
3.2.2
To a contractor selected to perform the Construction Contract in accordance with the
terms of this Bond and the Construction Contract.
When District has satisfied the conditions of Paragraph 3, Surety shall promptly (within 30 Days) and at
Surety’s expense elect to take one of the following actions:
4.1
Arrange for Contractor, with consent of District, to perform and complete the Construction
Contract (but District may withhold consent, in which case the Surety must elect an option
described in Paragraphs 4.2, 4.3 or 4.4, below); or
4.2
Undertake to perform and complete the Construction Contract itself, through its agents or through
independent contractors; provided, that Surety may not select Contractor as its agent or
independent contractor without District’s consent; or
4.3
Undertake to perform and complete the Construction Contract by obtaining bids from qualified
contractors acceptable to District for a contract for performance and completion of the
Construction Contract and, upon determination by District of the lowest responsive and
responsible Bidder, arrange for a contract to be prepared for execution by District and the
contractor selected with District’s concurrence, to be secured with performance and payment
bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract;
and, if Surety’s obligations defined in Paragraph 6, below, exceed the Balance of the Contract
Sum, then Surety shall pay to District the amount of such excess; or
4.4
Waive its right to perform and complete, arrange for completion, or obtain a new contractor and
with reasonable promptness under the circumstances and, after investigation and consultation with
District, determine in good faith its monetary obligation to District under Paragraph 6, below, for
the performance and completion of the Construction Contract and, as soon as practicable after the
amount is determined, tender payment therefor to District with full explanation of the payment’s
calculation. If District accepts Surety’s tender under this Paragraph 4.4, District may still hold
Surety liable for future damages then unknown or unliquidated resulting from the Contractor
Default. If District disputes the amount of Surety’s tender under this Paragraph 4.4, District may
exercise all remedies available to it at law to enforce Surety’s liability under Paragraph 6, below.
Performance Bond
00610- 2
Installation of Replacement HVAC
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Contract No. B-01-2014-15
5.
If Surety does not proceed as provided in Paragraph 4, above, then Surety shall be deemed to be in default
on this Bond ten Days after receipt of an additional written notice from District to Surety demanding that
Surety perform its obligations under this Bond. At all times District shall be entitled to enforce any remedy
available to District at law or under the Construction Contract including, without limitation, and by way of
example only, rights to perform work, protect Work, mitigate damages, advance critical Work to mitigate
schedule delay, or coordinate Work with other consultants or contractors.
6.
Surety’s monetary obligation under this Bond is limited by the amount of this Bond identified herein as the
Penal Sum. This monetary obligation shall augment the Balance of the Contract Sum. Subject to these
limits, Surety’s obligations under this Bond are commensurate with the obligations of Contractor under the
Construction Contract. Surety’s obligations shall include, but are not limited to:
6.1
The responsibilities of Contractor under the Construction Contract for completion of the
Construction Contract and correction of Defective Work;
6.2
The responsibilities of Contractor under the Construction Contract to pay liquidated damages, and
for damages for which no liquidated damages are specified in the Construction Contract, actual
damages caused by non-performance of the Construction Contract including, but not limited to, all
valid and proper back-charges, offsets, payments, indemnities, or other damages;
6.3
Additional legal, design professional and delay costs resulting from Contractor Default or
resulting from the actions or failure to act of the Surety under Paragraph 4, above (but excluding
attorney’s fees incurred to enforce this Bond).
7.
No right of action shall accrue on this Bond to any person or entity other than District or its successors or
assigns.
8.
Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related
subcontracts, purchase orders and other obligations, including changes of time. Surety consents to all terms
of the Construction Contract, including provisions on changes to the Contract. No extension of time,
change, alteration, Modification, deletion, or addition to the Contract Documents, or of the Work required
thereunder, shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on
this Bond.
9.
Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent
jurisdiction where a proceeding is pending between District and Contractor regarding the Construction
Contract, or in the courts of the County of Santa Clara, or in a court of competent jurisdiction in the
location in which the Work is located. Communications from District to Surety under Paragraph 3.1 of this
Bond shall be deemed to include the necessary agreements under Paragraph 3.2 of this Bond unless
expressly stated otherwise.
10.
All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature
page of this Bond), and all notices to District shall be mailed or delivered as provided in Document 00520
(Agreement). Actual receipt of notice by Surety, District or Contractor, however accomplished, shall be
sufficient compliance as of the date received at the foregoing addresses.
11.
Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed
deleted here-from and provisions conforming to such statutory requirement shall be deemed incorporated
herein.
Performance Bond
00610- 3
Installation of Replacement HVAC
Heat Pumps at Two Schools
Contract No. B-01-2014-15
12.
Definitions
12.1
Balance of the Contract Sum: The total amount payable by District to Contractor pursuant to the
terms of the Construction Contract after all proper adjustments have been made under the
Construction Contract, for example, deductions for progress payments made, and
increases/decreases for approved Modifications to the Construction Contract.
12.2
Construction Contract: The agreement between District and Contractor identified on the signature
page of this Bond, including all Contract Documents and changes thereto.
12.3
Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to
perform or otherwise to comply with the terms of the Construction Contract including, but not
limited to, “default” or any other condition allowing a termination for cause as provided in
Document 00700 (General Conditions).
12.4
District Default: Material failure of District, which has neither been remedied nor waived, to pay
Contractor progress payments due under the Construction Contract or to perform other material
terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default
and is sufficient to justify Contractor termination of the Construction Contract.
NOTE:
The bonding company must be licensed to do business in the State of
California. Provide a copy of the Power of Attorney showing the bonding
company authorization of the California attorney-in-fact who executes the
bond for the company. The Contractor’s and bonding company agent’s
signatures on each bond and the signatures on the Powers of Attorney must
all be NOTORIZED.
END OF DOCUMENT
Performance Bond
00610- 4
Installation of Replacement HVAC
Heat Pumps at Two Schools
Contract No. B-01-2014-15
DOCUMENT 00620
CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:
1.
THAT
WHEREAS,
the
Berryessa
Union
School
District
(“District”)
has
awarded
to
_____________________________, (Contractor) as Principal Contract Number B-03-2009-10 dated the
_______ day of ___________, 2015 (the “Contract”), titled INSTALLATION OF REPLACEMENT HVAC
HEAT PUMPS AT TWO ELEMENTARY SCHOOLS in the amount of
, which
Contract is by this reference made a part hereof, for the work described as follows:
CONTRACT NUMBER: B-01-2014-15
INSTALLATION OF REPLACEMENT HVAC HEAT PUMPS AT TWO ELEMENTARY SCHOOLS
2.
AND WHEREAS, Principal is required to furnish a bond in connection with the Contract to secure the
payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;
3.
NOW, THEREFORE, we, the undersigned Principal and ________________________________, as
Surety, are held and firmly bound unto District in the sum of 100% OF THE CONTRACT PRICE
($_________________), for which payment well and truly to be made we bind ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
4.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its heirs, executors,
administrators, successors, or assigns approved by District, or its subcontractors shall fail to pay any of the
persons named in California Civil Code §3181, or amounts due under the State of California
Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any
amounts required to be deducted, withheld, and paid over to the State of California Employment
Development Department from the wages of employees of Principal and subcontractors pursuant to Section
13020 of the State of California Unemployment Insurance Code with respect to such work and labor, that
Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable
attorneys’ fees, otherwise the above obligation shall become and be null and void.
5.
This bond shall inure to the benefit of any of the persons named in California Civil Code §3181, as to give
a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond
is to comply with the California Mechanic’s Lien Law.
6.
Surety, for value received, hereby expressly agrees that no extension of time, change, modification,
alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or
to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does
hereby waive notice of any such extension of time, change, modification, alteration, or addition to the
undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed
thereunder.
Labor and Material Payment Bond
00620- 1
Installation of Replacement
Heat Pumps at Two Schools
HVAC
Contract No. B-01-2014-15
7.
Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of
claims of laborers, mechanics, material suppliers, and other persons in connection with Contract; and suit
may be brought against Surety and such other sureties, jointly and severally, or against any one or more of
them, or against less than all of them without impairing District’s rights against the other.
8.
Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.
IN WITNESS WHEREOF, we have hereunto set our hands this _______ day of _______________, 2015
CONTRACTOR AS PRINCIPAL
SURETY
Company:
Company:
(Corp. Seal)
(Corp. Seal)
Signature
Signature
Name
Name
Title
Title
Street Address
Street Address
City, State, Zip Code
City, State, Zip Code
NOTE: The bonding company must be licensed to do business in the State of California.
Provide a copy of the Power of Attorney showing the bonding company
authorization of the California attorney-in-fact who executes the bond for the
company. The Contractor’s and bonding company agent’s signatures on each bond
and the signatures on the Powers of Attorney must all be NOTORIZED.
END OF DOCUMENT
Labor and Material Payment Bond
00620- 2
Installation of Replacement
Heat Pumps at Two Schools
HVAC
Contract No. B-01-2014-15
DOCUMENT 00630
GUARANTY
TO:
The Berryessa Union School District:
Bid #B-01-2014-15
INSTALLATION OF REPLACEMENT HVAC HEAT PUMPS AT TWO ELEMENTARY
SCHOOLS
Located at Brooktree Elementary School, 1781 Olivetree Dr., San Jose, CA 95132
Located at Summerdale Elementary School, 1100 Summerdale Dr., San Jose, CA 95132
The undersigned guarantees all construction performed on this Project and also guarantees all material and
equipment incorporated therein.
Contractor hereby grants to the Berryessa Union School District (“District”) for a period of one year
following the date of Final Acceptance of the Work completed, or such longer period specified in the Contract
Documents, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation,
all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the
Work.
Neither final payment nor use nor occupancy of the Work performed by the Contractor shall constitute an
acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any
express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in
the Work and pay for any damage resulting therefrom, which shall appear within one year, or longer if specified,
from the date of Final Acceptance of the Work completed.
If within one year after the date of Final Acceptance of the Work completed, or such longer period of time
as may be prescribed by laws or regulations, or by the terms of Contract Documents, any Work is found to be
Defective, Contractor shall promptly, without cost to District and in accordance with District’s written instructions,
correct such Defective Work. Contractor shall remove any Defective Work rejected by District and replace it with
Work that is not Defective, and satisfactorily correct or remove and replace any damage to other Work or the work
of others resulting therefrom. If Contractor fails to promptly comply with the terms of such instructions, or in an
emergency where delay would cause serious risk of loss or damage, District may have the Defective Work corrected
or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by
or resulting from such removal and replacement. Where Contractor fails to correct Defective Work, or defects are
discovered outside the correction period, District shall have all rights and remedies granted by law.
Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents.
Even though equipment, materials, or Work required to be provided under the Contract Documents have been
inspected, accepted, and estimated for payment, Contractor shall, at its own expense, replace or repair any such
equipment, material, or Work found to be Defective or otherwise not to comply with the requirements of the
Contract Documents up to the end of the guaranty period.
Guaranty
00630- 1
Installation of Replacement
Heat Pumps at Two Schools
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Contract No. B-01-2014-15
All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the
Contract Documents, including, without means of limitation, Document 00700 (General Conditions) and Section
01420 (References and Definitions).
The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract
Documents, and not in lieu of, any and all other liability imposed on Contractor under the Contract Documents and
at law with respect to Contractor’s duties, obligations, and performance under the Contract Documents. In the event
of any conflict or inconsistency between the terms of this Guaranty and any warranty or obligation of the Contractor
under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the higher level
of obligation of the Contractor.
Date: ___________________________________, 2015
(NAME OF CONTRACTOR)
By:
Signature
Print Name
Title
Street Address
City, State, Zip code
END OF DOCUMENT
Guaranty
00630- 2
Installation of Replacement
Heat Pumps at Two Schools
HVAC
Contract No. B-01-2014-15
DOCUMENT 00650
AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS
THIS AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS (“Agreement and Release”), made
and entered into this [ date ] day of [ Month ], 2015, by and between the Berryessa Union School District
(“District”), and [ Name of Contractor ] (“Contractor”), whose place of business is at [ Address of Contractor ].
RECITALS
A.
District and Contractor entered into Contract Number B-01-2014=15 (the “Contract”) for:
INSTALLATION OF REPLACEMENT HVAC HEAT PUMPS AT TWO ELEMENTARY SCHOOLS
Located at Brooktree Elementary School, 1781 Olivetree Dr., San Jose, CA 95132.
Located at Summerdale Elementary School, 1100 Summerdale Dr., San Jose, CA 95132
B.
The Work under the Contract has been completed.
AGREEMENT
NOW THEREFORE, it is mutually agreed between District and Contractor as follows:
1.
Contractor will not be assessed liquidated damages except as detailed below:
Original Contract Sum
$ ___________________________________
Modified Contract Sum
$ ___________________________________
Payment to Date
$ ___________________________________
Liquidated Damages
$ ___________________________________
Payment Due Contractor
$ ___________________________________
2.
Subject to the provisions of this Agreement and Release, District will forthwith pay to Contractor the sum
of ________________________________________________________ Dollars and ____________
Cents ($_____________________) under the Contract, less any amounts withheld under the Contract or
represented by any Notice to Withhold Funds on file with District as of the date of such payment.
3.
Contractor acknowledges and hereby agrees that there are no unresolved or outstanding claims in dispute
against District arising from the Contract, except for the claims described in Paragraph 4 of this Document
00650. It is the intention of the parties in executing this Agreement and Release that this Agreement and
Release shall be effective as a full, final and general release of all claims, demands, actions, causes of
action, obligations, costs, expenses, damages, losses and liabilities of Contractor against District, and all if
its agents, employees, consultants, inspectors, representatives, assignees and transferees, except for the
Disputed Claims set forth in Paragraph 4 of this Document 00650. Nothing in this Agreement and Release
shall limit or modify Contractor’s continuing obligations described in Paragraph 6 of this Document 00650.
4.
The following claims submitted under Document 00700 (General Conditions), Article 12, are disputed
(hereinafter, the “Disputed Claims”) and are specifically excluded from the operation of this Agreement
and Release.
Agreement and Release of Any All Claims
00650- 1
Installation of Replacement
Heat Pumps at Two Schools
HVAC
Contract No. B-01-2014-15
[Insert information in Chart below, affix attachment if necessary]
Claim No.
Date Submitted
Description of Claim
Amount of Claim
5.
Consistent with California Public Contract Code §7100, Contractor hereby agrees that, in consideration of
the payment set forth in Paragraph 2 of this Document 00650, Contractor hereby releases and forever
discharges District, and all of its agents, employees, consultants, inspectors, assignees and transferees from
any and all liability, claims, demands, actions or causes of action of whatever kind or nature arising out of
or in any way concerned with the Work under the Contract
6.
Guarantees and warranties for the Work, and any other continuing obligation of Contractor, shall remain in
full force and effect as specified in the Contract Documents.
7.
Contractor shall immediately defend, indemnify and hold harmless District, any of the District’s
Representatives, Project Manager, and all of their agents, employees, consultants, inspectors, assignees and
transferees, from any and all claims, demands, actions, causes of action, obligations, costs, expenses,
damages, losses and liabilities that may be asserted against them by any of Contractor’s suppliers and/or
Subcontractors of any tier and/or any suppliers to them for any and all labor, materials, supplies and
equipment used, or contemplated to be used in the performance of the Contract, except for the Disputed
Claims set forth in Paragraph 4 of this Document 00650.
8.
Contractor hereby waives the provisions of California Civil Code §1542, which provide as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR.
9.
The provisions of this Agreement and Release are contractual in nature and not mere recitals and shall be
considered independent and severable, and if any such provision or any part thereof shall be at any time
held invalid in whole or in part under any federal, state, county, municipal or other law, ruling, or
regulation, then such provision, or part thereof shall remain in force and effect only to the extent permitted
by law, and the remaining provisions of this Agreement and Release shall also remain in full force and
effect, and shall be enforceable.
10.
Contractor represents and warrants that it is the true and lawful owner of all claims and other matters
released pursuant to this Agreement and Release, and that it has full right, title and authority to enter into
this instrument. Each party represents and warrants that it has been represented by counsel of its own
choosing in connection with this Agreement and Release.
Agreement and Release of Any All Claims
00650- 2
Installation of Replacement
Heat Pumps at Two Schools
HVAC
Contract No. B-01-2014-15
11.
All rights of District shall survive completion of the Work or termination of the Contract, and execution of
this Agreement and Release.
* * * CAUTION: THIS IS A RELEASE - READ BEFORE EXECUTING * * *
BERRYESSA UNION SCHOOL DISTRICT
By: _____________________________________
Signature
Name: ___________________________________
Print
Its: ______________________________________
Title
[CONTRACTOR]
By: ______________________________________
Signature
Name: ____________________________________
Print
Its: _______________________________________
Title
[CONTRACTOR]
By: _______________________________________
Signature
Name: _____________________________________
Print
Its: ________________________________________
Title
END OF DOCUMENT
Agreement and Release of Any All Claims
00650- 3
Installation of Replacement
Heat Pumps at Two Schools
HVAC
Contract No. B-01-2014-15
DOCUMENT 00660
SUBSTITUTION REQUEST FORM
To:
James Bakos, Director of Facilities and Maintenance
(408) 923-1890
Project:
INSTALLATION OF REPLACEMENT HVAC HEAT PUMPS AT TWO
ELEMENTARY SCHOOLS
Contract Number:
B-01-2014-15
Contractor:
Subcontractor/Supplier:
Drawing Sheet Reference/Detail No:
The undersigned Bidder submits for consideration the following equipment instead of the specified item for the
above Project:
Section
Paragraph
Specified Item
Proposed Substitution:
The undersigned encloses the information required herein. If this Document 00660 is being submitted by a Bidder
wishing to use “equal” item(s) as provided in Document 00200 (Instructions to Bidders), the undersigned Bidder
must also enclose the technical information (other than cost) otherwise required for a post-Award of Contract
Request for Substitution (“RFS”) under Section 01600 (Product Requirements). However, if this Document 00660
is being submitted under provisions of Contract Documents after Award of Contract, the undersigned Contractor
must include all information required under Section 01600 (Product Requirements).
The undersigned has (a) attached manufacturer’s literature, including complete technical data and laboratory test
results, if applicable, (b) attached an explanation of why proposed substitution is a true equivalent to specified item,
(c) included complete information on changes to Contract Documents that the proposed substitution will require for
its proper installation, and (d) filled in the blanks below:
A.
Does the substitution affect dimensions shown on Drawings?
B.
Are the manufacturer’s guarantees and warranties on the proposed substitution items identical to those on
the specified items? If there are differences, please specify each and every difference in detail.
Substitution Request Form
00660- 1
Installation of Replacement HVAC
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Contract No. B-01-2014-15
C.
What effect does the substitution have on other contractors, trades, or suppliers?
D.
What are the differences between the proposed substitution and the specified item? If proposed substitution
has a color or pattern, provide a color board showing proposed substitution in relation to the other adjacent
colors and patterns.
E.
Will granting the requested substitution cause any schedule delay? (If yes, please explain)
The undersigned Bidder certifies that the function, appearance, and quality of the proposed substitution are
equivalent or superior to those of the specified item.
Submitted by:
For Use by District:
Bidder/Contractor
[note applicable]
Accepted
Accepted as Noted
Not Accepted
Received Too Late
Signature
By:
Name
District’s Representative
Date:
Address
Remarks:
City/State/Zip
Telephone:
Date:
END OF DOCUMENT
Substitution Request Form
00660- 2
Installation of Replacement HVAC
Heat Pumps at Two Schools
Contract No. B-01-2014-15
DOCUMENT 00680
ESCROW AGREEMENT FOR SECURITY DEPOSIT IN LIEU OF RETENTION
California Public Contract Code §22300
THIS ESCROW AGREEMENT (“Escrow Agreement”) is made and entered into this [ ___________] day
of [______________], 2015, by and between the Berryessa Union School District, (the “District”), whose address is
1376 Piedmont Road, San Jose, California 95132-2498 [ ________________________] (“Contractor”), whose
place of business is located at [ ______________________________________]; and [District, as escrow agent
OR [ ________________________], a state or federally chartered bank in the State of California, whose place of
business is located at [ __________________________________________] (“Escrow Agent”).
For the consideration hereinafter set forth, District, Contractor and Escrow Agent agree as follows:
1.
Pursuant to California Public Contract Code §22300, Contractor has the option to deposit securities with
Escrow Agent as a substitute for retention earnings required to be withheld by District pursuant to Contract
Number B-03-2009-10 entered into between District and Contractor for INSTALLATION OF
REPLACEMENT HVAC HEAT PUMPS AT TWO ELEMENTARY SCHOOLS in the amount of
dated
2015
(the
“Contract”).
Alternatively, on written request of Contractor, District shall make payments of the retention earnings
directly to Escrow Agent. When Contractor deposits the securities as a substitute for Contract earnings,
Escrow Agent shall notify District within ten Days of the deposit. The market value of the securities at the
time of substitution shall be at least equal to the cash amount then required to be withheld as retention
under terms of Contract between District and Contractor. Securities shall be held in name of
__________________________________, and shall designate Contractor as the beneficial owner.
2.
District shall make progress payments to Contractor for those funds which otherwise would be withheld
from progress payments pursuant to Contract provisions, provided that Escrow Agent holds securities in
form and amount specified in Paragraph 1 of this Document 00680.
3.
When District makes payment(s) of retention earned directly to Escrow Agent, Escrow Agent shall hold
said payment(s) for the benefit of Contractor until the time that the escrow created under this Escrow
Agreement is terminated. Contractor may direct the investment of the payments into securities. All terms
and conditions of this Escrow Agreement and the rights and responsibilities of the parties shall be equally
applicable and binding when District pays Escrow Agent directly.
4.
Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in
administering the Escrow Account, and all expenses of District. Such expenses and payment terms shall be
determined by District, Contractor, and Escrow Agent.
5.
Interest earned on securities or money market accounts held in escrow and all interest earned on that
interest shall be for sole account of Contractor and shall be subject to withdrawal by Contractor at any time
and from time to time without notice to District.
6.
Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by
written notice to Escrow Agent accompanied by written authorization from District to Escrow Agent that
District consents to withdrawal of amount sought to be withdrawn by Contractor.
7.
District shall have the right to draw upon the securities in event of default by Contractor. Upon seven Days
written notice to Escrow Agent from District of the default, Escrow Agent shall immediately convert the
securities to cash and shall distribute the cash as instructed by District.
Escrow Agreement for Security Deposit In Lieu of Retention
00680- 1
Installation of Replacement
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Contract No. B-01-2014-15
8.
Upon receipt of written notification from District certifying that the Contract is final and complete, and that
Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent
shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow
Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on
deposit and payments of fees and charges.
9.
Escrow Agent shall rely on written notifications from District and Contractor pursuant to Paragraphs 5
through 8, inclusive, of this Document 00680 and District and Contractor shall hold Escrow Agent
harmless from Escrow Agent’s release and disbursement of securities and interest as set forth.
10.
Names of persons who are authorized to give written notice or to receive written notice on behalf of
District and on behalf of Contractor in connection with the foregoing, and exemplars of their respective
signatures are as follows:
ON BEHALF OF DISTRICT:
ON BEHALF OF CONTRACTOR:
_______________________________________
Title
_______________________________________
Name
_______________________________________
Signature
_______________________________________
Address
_______________________________________
City/State/Zip Code
_______________________________________
Title
_______________________________________
Name
_______________________________________
Signature
_______________________________________
Address
_______________________________________
City/State/Zip Code
ON BEHALF OF ESCROW AGENT:
____________________________________
Title
____________________________________
Name
____________________________________
Signature
____________________________________
Address
____________________________________
City/State/Zip Code
IN WITNESS WHEREOF, the parties have executed this Escrow Agreement by their proper officers on the
date first set forth above.
DISTRICT
CONTRACTOR
____________________________________
_______________________________________
____________________________________
Title
____________________________________
Name
_______________________________________
Title
_______________________________________
Name
____________________________________
Signature
_______________________________________
Signature
Escrow Agreement for Security Deposit In Lieu of Retention
00680- 2
Installation of Replacement
Heat Pumps at Two Schools
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Contract No. B-01-2014-15
ATTEST
_____________________________________
Signature
_____________________________________
Print Name
Secretary
ESCROW AGENT
_____________________________________
_____________________________________
Title
_____________________________________
Print Name
_____________________________________
Signature
REVIEWED AS TO FORM:
_____________________________________
Counsel for District
_____________________________________
Print Name
_____________________________________
Date
At the time the Escrow Account is opened, District and Contractor shall deliver to Escrow Agent a fully
executed counterpart of this Document 00680.
END OF DOCUMENT
Escrow Agreement for Security Deposit In Lieu of Retention
00680- 3
Installation of Replacement
Heat Pumps at Two Schools
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Contract No. B-01-2014-15
DOCUMENT 00700
GENERAL CONDITIONS
TABLE OF CONTENTS
1.
GENERAL ........................................................................................................................................................ 3
1.1
Documents .......................................................................................................................................... 3
1.2
Exercise Of Contract Responsibilities ................................................................................................ 3
1.3
Defined Terms .................................................................................................................................... 3
2.
BIDDING .......................................................................................................................................................... 3
2.1
Investigation Prior To Bidding ............................................................................................................. 3
2.2
Subcontractors ...................................................................................................................................... 4
3.
COMMENCEMENT OF THE WORK ............................................................................................................ 4
3.1
Commencement Of Work ..................................................................................................................... 4
4.
INSURANCE .................................................................................................................................................... 5
4.1
Insurance ............................................................................................................................................. 5
5.
DRAWINGS AND SPECIFICATIONS ........................................................................................................... 5
5.1
Intent ..................................................................................................................................................... 5
5.2
Drawing Details .................................................................................................................................... 5
5.3
Interpretation Of Drawings And Specifications.................................................................................... 5
5.4
Checking Of Drawings ......................................................................................................................... 6
5.5
Standards To Apply Where Specifications Are Not Furnished ............................................................ 6
5.6
Deviation from Specifications and Drawings ....................................................................................... 6
5.7
Precedence Of Documents .................................................................................................................... 6
5.8
Ownership And Use Of Drawings, Specifications And Contract Documents ...................................... 7
6.
CONSTRUCTION BY DISTRICT OR BY SEPARATE CONTRACTORS .................................................. 7
7.
DISTRICT AND PAYMENT ........................................................................................................................... 7
7.1
District’s Representative(s) .................................................................................................................. 7
7.2 Means And Methods Of Construction .................................................................................................... 7
8.
CONTROL OF THE WORK ............................................................................................................................ 8
8.1
Observation Of Work By Regulatory Agencies ................................................................................... 8
8.2
Observation Of Work By Project Inspector .......................................................................................... 8
8.3
Observation Of Work By District ......................................................................................................... 8
8.4
Supervision Of Work By Contractor .................................................................................................... 9
8.5
Access to Work ..................................................................................................................................... 9
8.6
Existing Utilities Shown Or Indicated In Contract Documents ............................................................ 9
8.7
Protection of Underground Facilities When Digging Trenches or During Excavation ......................... 10
9.
WARRANTY, GUARANTY, AND INSPECTION OF WORK ..................................................................... 11
9.1
Warranty And Guaranty ....................................................................................................................... 11
9.2
Inspection Of Work .............................................................................................................................. 12
9.3
Correction Of Defective Work ............................................................................................................. 13
9.4
Acceptance And Correction Of Defective Work By District................................................................ 14
9.5
Rights Upon Inspection Or Correction ................................................................................................. 15
9.6
Proof Of Compliance Of Contract Provisions ...................................................................................... 15
10.
CONTRACTOR’S ORGANIZATION AND EQUIPMENT ........................................................................... 15
10.1 Contractor’s Legal Address .................................................................................................................. 15
General Conditions
00700- 1
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Contract No. B-01-2014-15
10.2 Contractor’s Superintendents Or Forepersons ...................................................................................... 15
10.3 Proficiency In English .......................................................................................................................... 16
10.4 Contractor’s And Subcontractors’ Employees...................................................................................... 16
10.5 Contractor To Supply Sufficient Workers And Materials .................................................................... 16
10.6 Contractor’s Use Of The Site ................................................................................................................. 16
10.7 Temporary Facilities ............................................................................................................................... 17
11.
PROSECUTION AND PROGRESS OF THE WORK..................................................................................... 17
11.1 Schedules And Examinations Of Contract Documents ........................................................................ 17
11.2 Cost Data ............................................................................................................................................... 17
12.
CLAIMS BY CONTRACTOR ......................................................................................................................... 18
12.1 Obligation to File Claims for Disputed Work ........................................................................................ 18
12.2 Form and Contents of Claim ................................................................................................................. 18
12.3 Administration During/After Claims Submission ................................................................................. 18
12.4 Compliance ............................................................................................................................................ 18
13.
LEGAL AND MISCELLANEOUS .................................................................................................................. 19
13.1 Laws And Regulations.......................................................................................................................... 19
13.2 Permits And Taxes................................................................................................................................ 19
13.3 Responsibility Of Contractor And Indemnification .............................................................................. 19
13.4 Concealed Or Unknown Conditions ..................................................................................................... 20
13.5 Notice Of Hazardous Waste Or Materials Conditions .......................................................................... 20
13.6 Suspension Of Work ............................................................................................................................. 21
13.7 Termination Of Contract For Cause ..................................................................................................... 22
13.8 Termination Of Contract For Convenience .......................................................................................... 22
13.9 Contingent Assignment Of Subcontracts .............................................................................................. 23
13.10 Remedies and Contract Integration....................................................................................................... 23
13.11 Patents................................................................................................................................................... 23
13.12 Substitution For Patented And Specified Articles ................................................................................ 24
13.13 Interest Of Public Officers .................................................................................................................... 24
13.14 Limit Of Liability ................................................................................................................................. 24
14.
MODIFICATIONS OF CONTRACT DOCUMENTS ..................................................................................... 24
14.1 Alterations, Modifications And Force Account Work ........................................................................... 24
15.
TIME ALLOWANCES .................................................................................................................................... 25
15.1 Entitlement to Change Of Contract Time ............................................................................................. 25
15.2 Weather Related Delays ....................................................................................................................... 26
15.3 Notice Of Delay .................................................................................................................................... 27
15.4 Time Extensions and/or Damages Entitlements For Delays ................................................................. 27
15.5 Liquidated Damages ............................................................................................................................. 28
16.
WORKING CONDITIONS AND PREVAILING WAGES............................................................................. 28
16.1 Use Of Site/Sanitary Rules ................................................................................................................... 28
16.2 Protection Of Work, Persons, And Property ......................................................................................... 29
16.3 Responsibility For Safety And Health .................................................................................................. 29
16.4 Emergencies.......................................................................................................................................... 30
16.5 Use Of Roadways And Walkways........................................................................................................ 30
16.6 Nondiscrimination ................................................................................................................................ 30
16.7 Prevailing Wages .................................................................................................................................. 31
16.8 SB 854 Compliance .............................................................................................................................. 31
16.9 Labor Compliance Program .................................................................................................................. 32
16.10 Environmental Controls ........................................................................................................................ 32
16.11 Shoring Safety Plan .............................................................................................................................. 32
General Conditions
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GENERAL CONDITIONS
1.
GENERAL
1.1
Documents
Contract Documents are complementary; what is called for by one is as binding as if called for by all.
Contract Documents shall not be construed to create a contractual relationship of any kind between (1)
Project Manager or any District’s Representative and Contractor; (2) District and/or its representatives and
a Subcontractor, sub-Subcontractor, or supplier of any Project labor, materials, or equipment; or (3)
between any persons or entities other than District and Contractor. District shall be deemed to be an
intended third-party beneficiary of each agreement referenced in clause (2) above, and each such agreement
shall so provide. Contractor is fully responsible for Contractor’s own acts and omissions. Contractor is
responsible for all acts and omissions of its Subcontractors, suppliers, and other persons and organizations
performing or furnishing any of the Work, labor, materials, or equipment under a direct or indirect contract
with Contractor.
1.2
Exercise of Contract Responsibilities
In exercising its responsibilities and authorities under the Contract Documents, District does not assume
any duties or responsibilities to any Subcontractor or supplier and does not assume any duty of care to
Contractor, Contractor’s Subcontractors or suppliers. Except as expressly set forth in the Contract
Documents, in exercising their respective responsibilities and authorities under the Contract Documents,
neither Project Manager nor any District’s Representative assumes any duties or responsibilities to any
Subcontractor, sub-Subcontractor or supplier nor assumes any duty of care to Contractor or any
Subcontractor, sub-Subcontractor or suppliers.
1.3
Defined Terms
All abbreviations and definitions of terms used and not otherwise defined in this Document 00700 are set
forth in Section 01420 (References and Definitions). This Document 00700 subdivides at first level into
Articles, and then into paragraphs.
1.4
Title 24
Contractor shall perform all obligations imposed upon contractors performing work on California schools,
including but not limited to, Title 24 of the California Code, the Montoya Law, and all other rules and
regulations applicable to California school construction.
2.
BIDDING
2.1
Investigation Prior to Bidding
2.1A
Prior to bidding, Bidders shall perform the work, investigations, research and analysis required by Article 5
of Document 00520 (Agreement). Under the Contract Documents, Contractor is charged with all
information and knowledge that a reasonable Bidder would ascertain from having performed the required
work, investigations, research, and analysis. Bid prices shall include entire cost of all “incidental work” to
complete the Work, as that term is defined in Paragraph 5.1C of this Document 00700.
2.1B
Conditions Shown on Contract Documents: Information as to underground conditions, as-built
conditions, or other conditions or obstructions indicated in the Contract Documents, e.g., on Drawings or in
Specifications, has been obtained with reasonable care, and has been recorded in good faith. District
warrants, and Contractor may rely on, the accuracy of only limited types of information as discussed below.
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1.
2.
2.1C
3.
Aboveground and As-Built Conditions: There is no express or implied warranty and no express
or implied representation that any information as to aboveground conditions or as-built conditions
indicated in the Contract Documents is correctly shown, or indicated, or complete. As a condition
to bidding, Contractor shall verify by independent investigation all aboveground and as-built
conditions. In submitting its Bid, Contractor shall rely on the results of its own independent
investigation and shall not rely on District-supplied information regarding aboveground conditions
and as-built conditions.
Subsurface Conditions: Contractor may rely only upon the general accuracy of actual reported
depths, actual reported character of materials, actual reported soil types, actual reported water
conditions, or actual obstructions shown or indicated in the Contract Documents. District is not
responsible for (1) the completeness of any subsurface condition information for bidding or
construction, (2) Contractor’s conclusions or opinions drawn from any subsurface condition
information, or (3) subsurface conditions that are not specifically shown. (For example, District is
not responsible for soil conditions in areas contiguous to areas where a subsurface condition is
shown.)
Conditions Shown in Reports and Drawings Supplied for Informational Purposes: The District may
have made available during Bidding certain geotechnical reports, “as built” information, and other
drawings or other documents describing physical conditions in or relating to existing surface or
subsurface conditions or structures at or contiguous to the Site, but not included there within the Plans
and/or Specifications. These materials are not Contract Documents and, except for any “technical data”
regarding actual subsurface conditions (actual reported soil types, obstructions, structures, materials
encountered) and “Underground Facilities” data, Contractor shall not in any manner rely on the
information in these materials. Contractor shall rely on the results of its own independent investigation of
all such conditions affecting the Work and must not rely on information provided by District.
2.2
Subcontractors
2.2A
Consistent with Public Contract Code Sections 4101 et seq., Contractor shall not substitute any other
person or firm in place of any Subcontractor listed in the Bid. Subcontractors shall not assign or transfer
their subcontracts or permit them to be performed by any other contractor without District’s written
approval. At District’s request, Contractor shall provide District with a complete copy of all executed
subcontracts or final commercial agreements with Subcontractors and/or suppliers.
2.2B
Subcontract agreements shall preserve and protect the rights of District under the Contract Documents so
that subcontracting will not prejudice such rights. To the extent of the Work to be performed by a
Subcontractor, Contractor shall require the Subcontractor’s written agreement (1) to be bound to the terms
of Contract Documents and (2) to assume vis-à-vis Contractor all the obligations and responsibilities that
Contractor assumes toward District under the Contract Documents. (These agreements include by
example, and not by way of limitation, all warranties, claims procedures and rules governing submittals of
all types to which Contractor is subject under the Contract Documents.)
2.2C
Contractor shall provide for the assignment to District of all rights any Subcontractor may have against any
manufacturer, supplier, or distributor for breach of warranties and guarantees relating to the Work
performed by the Subcontractor under the Contract Documents.
COMMENCEMENT OF THE WORK
3.1
Commencement of Work
3.1A
The Contract Time will commence to run on the date indicated in the Notice to Proceed. District may give
a Notice to Proceed at any time within 90 Days after the Notice of Award. Contractor shall not do any
Work at the Site prior to the date on which the Contract Time commences to run.
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4.
INSURANCE
4.1
Insurance
See Document 00821 (Supplementary Conditions - Insurance), incorporated herein by this reference.
5.
DRAWINGS AND SPECIFICATIONS
5.1
Intent
5.1A
Contractor shall interpret words or phrases used to describe Work (including services), materials, or
equipment that have well-known technical or construction industry or trade meaning in accordance with
that meaning. Drawings’ intent specifically includes the intent to depict construction that complies with all
applicable laws, codes and standards.
5.1B
As part of the “Work,” Contractor shall provide all labor, materials, equipment, machinery, tools, facilities,
services, employee training and testing, hoisting facilities, Shop Drawings, storage, testing, security,
transportation, disposal, the securing of all necessary or required field dimensions, the cutting or patching
of existing materials, notices, permits, documents, reports, agreements and any other items required or
necessary to timely and fully complete Work described and the results intended by Contract Documents
and, in particular, Drawings and Specifications. Divisions and Specification Sections and the identification
on any Drawings shall not control Contractor in dividing Work among Subcontractors or suppliers or
delineating the Work to be performed by any specific trade.
5.1C
Contractor shall perform reasonably implied parts of Work as “incidental work” although absent from
Drawings and Specifications. Incidental work includes any work not shown on Drawings or described in
Specifications that is necessary or normally or customarily required as a part of the Work shown on
Drawings or described in Specifications. Incidental work includes any work necessary or required to make
each installation satisfactory, legally operable, functional, and consistent with the intent of Drawings and
Specifications or the requirements of Contract Documents. Contractor shall perform incidental work
without extra cost to District. Incidental work shall be treated as if fully described in Specifications and
shown on Drawings, and the expense of incidental work shall be included in price Bid and Contract Sum.
5.2
Drawing Details
5.2A
A typical or representative detail on Drawings shall constitute the standard for workmanship and material
throughout corresponding parts of Work. Where necessary, and where reasonably inferable from
Drawings, Contractor shall adapt such representative detail for application to such corresponding parts of
Work. The details of such adaptation shall be subject to prior approval by District. Repetitive features
shown in outline on Drawings shall be in exact accordance with corresponding features completely shown.
5.3
Interpretation of Drawings and Specifications
5.3A
Should any discrepancy appear or any misunderstanding arise as to the import of anything contained in
Drawings and Specifications, or should Contractor have any questions or requests relating to Drawings or
Specifications, Contractor shall refer the matter to District, in writing. District will issue with reasonable
promptness written responses, clarifications or interpretations as District may determine necessary, which
shall be consistent with the intent of and be reasonably inferable from Contract Documents. Such written
clarifications or interpretations shall be binding upon Contractor. If Contractor believes that a written
response, clarification or interpretation justifies an adjustment in the Contract Sum or Contract Time,
Contractor shall give District prompt written notice. If the parties are unable to agree to the amount or
extent of the adjustment, if any, then Contractor shall perform the Work in conformance with District’s
response, clarification, or interpretation and may make a written claim for the adjustment as provided in
Article 12 of this Document 00700.
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5.4
Checking of Drawings
5.4A
Before undertaking each part of Work, Contractor shall carefully study and compare Contract Documents
and check and verify pertinent figures shown in the Contract Documents and all applicable field
measurements. Contractor shall be responsible for any errors that might have been avoided by such
comparison. Figures shown on Drawings shall be followed; Contractor shall not scale measurements.
Contractor shall promptly report to District, in writing, any conflict, error, ambiguity or discrepancy that
Contractor may discover. Contractor shall obtain a written interpretation or clarification from District
before proceeding with any Work affected thereby. Contractor shall provide District with a follow-up
correspondence every ten Days until it receives a satisfactory interpretation or clarification.
5.5
Standards to Apply Where Specifications Are Not Furnished
5.5A
The following general specifications shall apply wherever in the Specifications, or in any directions given
by District in accordance with or supplementing Specifications, it is provided that Contractor shall furnish
materials or manufactured articles or shall do Work for which no detailed specifications are shown.
Materials or manufactured articles shall be of the best grade, in quality and workmanship, obtainable in the
market from firms of established good reputation. If not ordinarily carried in stock, the materials or
manufactured articles shall conform to industry standards for first-class materials or articles of the kind
required, with due consideration of the use to which they are to be put. Work shall conform to the usual
standards or codes, such as those cited in Section 01420 (References and Definitions), for first-class work
of the kind required. Contractor shall specify in writing to District the materials to be used or Work to be
performed under this Paragraph 5.5A ten Business Days prior to furnishing such materials or performing
such Work.
5.6
Deviation From Specifications and Drawings
5.6A
As set forth in Part 1, Title 24, California Code of Regulations, no modification or deviation from the
Drawings and Specifications will be permitted. The Contractor must perform Work in strict accord with
Drawings and Specifications. No order for any alteration, modification or extra which shall increase or
decrease the cost of Work shall be valid unless the resulting increase or decrease in price shall have been
agreed upon in writing, and the order signed by the Contractor, and certified by the authorized officer
representing District. As appropriate, Change Orders changing the approved Drawings and technical
specifications are subject to approval by the Division of the State Architect under the procedures prescribed
in Section 4-338, Part 1, Title 24, California Code of Regulations. Deviations from Drawings and from the
dimensions therein given, or from the Specifications, whether or not error is believed to exist, shall be
made only when approved in writing by Project Manager.
5.6B
District may order that locations, lines and grades for Work vary from those shown on Drawings. Changes
may be made in locations, lines or grades for Work under any item of Contract Documents. No payment in
addition to unit price fixed in the Contract Documents for Work under respective items will be allowed on
account of variations from Drawings in unit price items. In lump sum contracts, or where there are no unit
price items covering Work affected by variations of locations, lines or grades, all changes in the Contract
Documents will be made as set forth in Article 14 of this Document 00700.
5.7
Precedence of Documents
5.7A
In the case of discrepancy or ambiguity in the Contract Documents, the following order of precedence shall
prevail:
1.
Modifications in inverse chronological order (i.e., most recent first), and in the same order as
specific portions they are modifying;
2.
Document 00520 (Agreement), and terms and conditions referenced therein;
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6.
7.
3.
Document 00800 (Supplementary Conditions), if included;
4.
Document 00700 (General Conditions);
5.
Division 1 Specifications;
6.
Drawings and Division 2 through 16 Specifications;
7.
Written numbers over figures, unless obviously incorrect;
8.
Figured dimensions over scaled dimensions;
9.
Large-scale Drawings over small-scale Drawings.
5.7B
Any conflict between Drawings and Division 2 through 16 Specifications will be resolved in favor of the
document of the latest date (i.e., the most recent document), and if the dates are the same or not
determinable, then in favor of Specifications.
5.7C
Any conflict between a bill or list of materials shown in the Contract Documents and the actual quantities
required to complete Work required by Contract Documents, will be resolved in favor of the actual
quantities.
5.7D
In the event the Specifications include divisions above Division 16 (e.g., Division 17 and above), then such
divisions shall be included within the Contract Documents unless identified otherwise.
5.8
Ownership and Use Of Drawings, Specifications and Contract Documents
5.8A
Drawings, Specifications and other Contract Documents were prepared for use for Work of Contract
Documents only. No part of Contract Documents shall be used for any other construction or for any other
purpose except with the written consent of District. Any unauthorized use of Contract Documents is
prohibited and at the sole liability of the user.
CONSTRUCTION BY DISTRICT OR BY SEPARATE CONTRACTORS
6.1
Construction by District or by Separate Contractor
6.1A
District may perform with its own forces, construction or operations related to the Project, or the Site
during Contractor’s operations. District may also award separate contracts in connection with other
portions of the Project or other construction or operations, on the Site or areas contiguous to the Site, under
conditions similar to these Contract Documents, or may have utility owners perform other work.
Contractor shall adjust its schedule and fully coordinate with and shall afford all other contractors, utility
owners and District (if District is performing work with its own forces), proper and safe access to the Site,
and reasonable opportunity for the installation and storage of their materials. Contractor shall ensure that
the execution of its Work properly connects and coordinates with others’ work, and shall cooperate with
them to facilitate the progress of the Work.
DISTRICT’S REPRESENTATIVES AND AUTHORITIES
7.1
District’s Representative(s)
7.1A
District’s Representative(s) will have limited authority to act on behalf of District as set forth in the
Contract Documents. Except as otherwise provided in these Contract Documents or subsequently
identified in writing by District, District will issue all communications to Contractor through District’s
Representative, and Contractor shall issue all communications to District through District’s Representative
in a written document delivered to District. Should any direct communications between Contractor and
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District’s consultants, architects or engineers not identified in Article 2 of Document 00520 (Agreement)
occur during field visits or by telephone, Contractor shall immediately confirm them in a written document
copied to District.
8.
7.2
Means and Methods of Construction
7.2A
Subject to those rights specifically reserved in the Contract Documents, District will not supervise, or
direct, or have control over, or be responsible for, Contractor’s means, methods, techniques, sequences or
procedures of construction, or the safety precautions and programs incident thereto, or Contractor’s failure
to comply with laws and regulations applicable to the furnishing or performance of Work. District will not
be responsible for Contractor’s failure to perform or furnish the Work in accordance with Contract
Documents.
CONTROL OF THE WORK
8.1
Observation of Work by Regulatory Agencies
8.1A
During construction, reconstruction, repair, alteration of or addition to any school building, the Division of
the State Architect, as required by applicable law, shall make such inspection in its judgment is necessary
or proper for enforcement of the Act, and the protection of the safety of pupils, the teachers and the public.
If at any time as the work progresses, prior to the issuance of the final approval, it shall be found that
modifications or changes are necessary to secure safety, orders shall be by the Division of the State
Architect for such modifications or changes. Refer to section 4-334, Part 1, Title 24, California Code of
Regulations.
8.2
Observation of Work by Project Inspector
8.2A
District shall provide an Inspector and assistant Inspectors, if necessary, duly approved by the Division of
the State Architect, who shall act under the direction of the Architect and the Division of State Architect as
prescribed by law. The general duties of Inspector in fulfilling his or her responsibilities shall be in
accordance with sections 4-333, 4-337 and 4-342, Part 1, Title 24, of the California Code of Regulations.
The Contractor in no way is relieved of any responsibility by the activities of Inspector.
8.3
Observation of Work by District
8.3A
Work shall be performed under District’s general observation and administration. Contractor shall comply
with District’s directions and instructions in accordance with the terms of Contract Documents, but nothing
contained in these General Conditions shall be taken to relieve Contractor of any obligations or liabilities
under the Contract Documents. District’s failure to review or, upon review, failure to object to any aspect
of Work reviewed, shall not be deemed a waiver or approval of any non-conforming aspect of Work.
8.3B
District may engage an independent consultant or Project Manager (collectively for purposes of this
Paragraph, “Project Manager”) to assist in administering the Work. If so engaged, Project Manager will
advise and consult with District, but will have authority to act on behalf of District only to extent provided
in the Contract Documents or as set forth in writing by District. Project Manager will not be responsible
for and will not have control or charge of construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with Work. Project Manager will not be
responsible for or have control over the acts or omissions of Contractor, Subcontractors or their agents or
employees, or any other persons performing Work.
8.3C
Project Manager may review Contractor’s Submittals, such as Shop Drawings, Product Data, and Samples,
but only for conformance with design concept of Work and with information given in the Contract
Documents.
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8.3D
Project Manager may visit the Site at intervals appropriate to stage of construction to become familiar
generally with the progress and quality of Work and to determine in general if Work is proceeding in
accordance with Contract Documents. Based on its observations, Project Manager may recommend to
District that it disapproves or rejects Work that Project Manager believes to be Defective or will not
produce a complete Project that conforms to Contract Documents or will prejudice the integrity of the
design concept of the completed Project as a functioning whole as indicated by Contract Documents.
District will also have authority to require special inspection or testing of Work, whether or not the Work is
fabricated, installed or completed.
8.3E
Project Manager may conduct inspections to recommend to District the dates that Contractor has achieved
Substantial Completion and Final Acceptance, and will receive and forward to District for review written
warranties and related documents required by Contract Documents.
8.4
Supervision of Work by Contractor
8.4A
Contractor shall supervise, inspect, and direct Work competently and efficiently, devoting the attention and
applying such personal skills and expertise as may be required and necessary to perform Work in
accordance with Contract Documents. Contractor shall be solely responsible for and have control and
charge of construction means, methods, techniques, sequences and procedures, safety precautions and
programs in connection with the Work. Contractor shall be responsible to see that the completed Work
complies accurately with Contract Documents.
8.4B
Contractor shall keep on the Site at all times during Work progress a competent resident Superintendent,
who shall not be replaced without District’s express written consent. The Superintendent shall be
Contractor’s representative at the Site and shall have complete authority to act on behalf of Contractor. All
communications to and from the Superintendent shall be as binding as if given to or by Contractor.
8.5
Access to Work
8.5A
During performance of Work, District and its agents, consultants, and employees may at any time enter
upon Work, shops or studios where any part of the Work may be in preparation, or factories where any
materials for use in Work are being or are to be manufactured, and Contractor shall provide proper and safe
facilities for this purpose, and shall make arrangements with manufacturers to facilitate inspection of their
processes and products to such extent as District’s interests may require. Other contractors performing
work for District may also enter upon Work for all purposes required by their respective contracts. Subject
to the rights reserved in the Contract Documents, Contractor shall have sole care, custody, and control of
the Site and its Work areas.
8.6
Existing Utilities Shown or Indicated in Contract Documents
8.6A
Drawings or specifications may indicate above- and below-grade structures, drainage lines, storm drains,
sewers, water, gas, electrical, chemical, hot water, and other similar items and utilities, and additional
information may be on file at the regional notification center, “Underground Service Alert” (“USA”).
Contractor shall locate these known existing installations before proceeding with trenching or other
operations that may cause damage, shall maintain them in service where appropriate, and shall repair any
damage to them caused by the Work, at no increase in Contract Sum. Additional utilities whose locations
are unknown to District are suspected to exist. Contractor shall be alert to their existence; if they are
encountered, Contractor shall immediately report to District for disposition of the same. In addition to
reporting if any utility is damaged, Contractor shall take appropriate action as provided in this Document
00700. Additional compensation or extension of time on account of utilities not shown or otherwise
brought to Contractor’s attention, including reasonable action taken to protect or repair damage, shall be
determined as provided in this Document 00700.
8.6B
At no additional cost to District, Contractor shall incorporate into the Work main or trunk line utilities
identified in the Contract Documents and other utilities or underground structures known or reasonably
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discernible and that will remain in service, including reasonable adjustments to the design location
(including minor relocations) of the existing or new installations. Contractor shall take immediate action to
restore any in service installations damaged by Contractor’s operations. Should District determine that
Contractor has not responded in a timely manner or not diligently pursued completion of the Work, District
may restore service and deduct the costs of such action by District from the amounts due under the
Contract.
8.6C
Consistent with Government Code Section 4215, as between District and Contractor, District will be
responsible for the timely removal, relocation, or protection of existing main or trunk line utility facilities
located on the Site only if such utilities are not identified in the Contract Documents or information made
available for bidding. District will compensate for the cost of locating and repairing damage not due to
Contractor’s failure to exercise reasonable care, removing and relocating such main or trunk line utility
facilities not indicated in the Contract Documents or information made available for bidding with
reasonable accuracy, and equipment on the Project necessarily idled during such Work.
8.6D
Prior to performing Work at the Site, Contractor shall lay out the locations of known underground utilities
that are to remain in service and other significant known underground installations. At no additional cost to
District, prior to commencing other Work in proximity to such known underground utilities or installations
that can be readily inferred from adjacent surface improvements, Contractor shall further locate, by
carefully excavating with small equipment, potholing and principally by hand, such utilities or installations
that are to remain and that are subject to damage.
8.6E
Nothing in this Document 00700 shall be deemed to require District to indicate the presence of existing
service laterals or appurtenances whenever the presence of such utilities on the Site can be inferred by
Contractor from the presence of an underground transmission main or other visible facilities, such as
buildings, new asphalt, meters and junction boxes, on or adjacent to the Site. Contractor shall immediately
secure all available information and notify District and utility, in writing, of its discovery, while performing
Work under the Contract Documents, of any utility facilities not identified in the Drawings and
Specifications.
8.7
Protection 0f Underground Facilities When Digging Trenches or During Excavation
8.7A
Before commencing Work of digging trenches or excavation, Contractor shall review all information
available regarding subsurface conditions, including but not limited to information supplied for bidding
purposes, and subject to the terms and conditions of these documents. Contractor shall also comply with
Government Code Sections 4216 to 4216.9, and in particular Section 4216.2 which provides, in part:
“Except in an emergency, every person planning to conduct any excavation shall contact
the appropriate regional notification center at least two working days, but no more than 14
calendar days, prior to commencing that excavation, if the excavation will be conducted in
an area which is known, or reasonably should be known, to contain subsurface
installations other than the underground facilities owned or operated by the excavator, and,
if practical, the excavator shall delineate with white paint or other suitable markings the
area to be excavated. The regional notification center shall provide an inquiry
identification number to the person who contacts the center and shall notify any member,
if known, who has a subsurface installation in the area of the proposed excavation.”
8.7B
Contractor shall contact USA, and schedule the Work to allow ample time for the center to notify its
members and, if necessary, for any member to field locate and mark its facilities. Contractor is charged
with knowledge of all subsurface conditions reflected in USA records. Prior to commencing excavation or
trenching Work, Contractor shall provide District with copies of all USA records secured by Contractor.
Contractor shall advise District of any conflict between information provided for bidding purposes, the
Drawings and specifications, and that provided by USA records. Contractor’s excavation shall be subject
to and comply with the Contract Documents.
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9.
8.7C
If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or
indicated in the materials supplied by District for bidding or in information on file at USA or otherwise
reasonably available to Contractor, then Contractor shall, promptly after becoming aware thereof and
before further disturbing conditions affected thereby (and in no event later than seven Days), and prior to
performing any Work in connection therewith (except in an emergency as required by Article 13 of this
Document 00700), identify the owner of such Underground Facility and give written notice to that owner
and to District. During such time, Contractor shall be responsible for the safety and protection of such
Underground Facility.
8.7D
Contractor shall be allowed an increase in the Contract Sum or an extension of the Contract Time, or both,
to the extent that they are attributable to the existence of any Underground Facility that is owned and was
built by District only where the Underground Facility:
1.
Was not shown or indicated in the Contract Documents or in the information supplied for bidding
purposes or in information on file at USA; and
2.
Contractor did not know of it; and
3.
Contractor could not reasonably have been expected to be aware of it or to have anticipated it from
the information available. (For example, if surface conditions such as pavement repairs, valve
covers, or other markings, indicate the presence of an Underground Facility, then an increase in
the Contract Sum or an extension of the Contract Time will not be due, even if the Underground
Facility was not indicated in the Contract Documents, in the information supplied to Contractor
for bidding purposes, in information on file at USA, or otherwise reasonably available to
Contractor.)
8.7E
Contractor shall bear the risk that Underground Facilities not owned or built by District may differ in nature
or locations shown in information made available by District for bidding purposes, in information on file at
USA, or otherwise reasonably available to Contractor. Underground Facilities are inherent in construction
involving digging of trenches or other excavations on District’s Project, and Contractor is to apply its skill
and industry to verify the information available.
8.7F
The cost of all of the following will be included in the Contract Sum and Contractor shall have full
responsibility for (a) reviewing and checking all available information and data including, but not limited
to, information made available for bidding and information on file at USA; (b) locating all Underground
Facilities shown or indicated in the Contract Documents, available information, or indicated by visual
observation including, but not limited to, and by way of example only, engaging qualified locating services
and all necessary back-hoeing and potholing; (c) coordinating the Work with the owners of such
Underground Facilities during construction; and (d) the safety and protection of all such Underground
Facilities and repairing any damage thereto resulting from the Work.
WARRANTY, GUARANTY, AND INSPECTION OF WORK
9.1
Warranty and Guaranty
9.1A
General Representations and Warranties: Contractor represents and warrants that it is and will be at all
times fully qualified and capable of performing every Phase of the Work and to complete Work in
accordance with the terms of Contract Documents. Contractor warrants that all construction services shall
be performed in accordance with generally accepted professional standards of good and sound construction
practices and all requirements of Contract Documents. Contractor warrants that Work, including but not
limited to each item of materials and equipment incorporated therein, shall be new, of suitable grade of its
respective kind for its intended use, and free from defects in design, engineering, materials, construction
and workmanship. Contractor warrants that Work shall conform in all respects with all applicable
requirements of federal, state and local laws, applicable construction codes and standards, licenses, and
permits, Drawings and Specifications and all descriptions set forth therein, and all other requirements of
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Contract Documents. Contractor shall not be responsible, however, for the negligence of others in the
specification of specific equipment, materials, design parameters and means or methods of construction
where that is specifically shown and expressly required by Contract Documents.
9.1B
Extended Guarantees: Any guarantee exceeding one year provided by the supplier or manufacturer of
any equipment or materials used in the Project shall be extended for such term. Contractor expressly
agrees to act as co-guarantor of such equipment and materials and shall supply District with all warranty
and guarantee documents relative to equipment and materials incorporated in the Project and guaranteed by
their suppliers or manufacturers.
9.1C
Environmental and Toxics Warranty: The covenants, warranties and representations contained in this
Paragraph 9.1C are effective continuously during Contractor’s Work on the Project and following cessation
of labor for any reason including, but not limited to, Project completion. Contractor covenants, warrants
and represents to District that:
1.
To Contractor’s knowledge after due inquiry, no lead or Asbestos-containing materials were
installed or discovered in the Project at any time during Contractor’s construction thereof. If any
lead or Asbestos-containing materials were discovered, Contractor made immediate written
disclosure to District.
2.
To Contractor’s knowledge after due inquiry, no electrical transformers, light fixtures with ballasts
or other equipment containing PCBs are or were located on the Project at any time during
Contractor’s construction thereof.
3.
To Contractor’s knowledge after due inquiry, no storage tanks for gasoline or any other toxic
substance are or were located on the Project at any time during Contractor’s construction thereof.
If any such materials were discovered, Contractor made immediate written disclosure to District.
4.
Contractor’s operations concerning the Project are and were not in violation of any applicable
environmental federal, state, or local statute, law or regulation dealing with hazardous materials
substances or toxic substances and no notice from any governmental body has been served upon
Contractor claiming any violation of any such law, ordinance, code or regulation, or requiring or
calling attention to the need for any Work, repairs, construction, alteration, or installation on or in
connection with the Project in order to comply with any such laws, ordinances, codes, or
regulations, with which Contractor has not complied. If there are any such notices with which
Contractor has complied, Contractor shall provide District with copies thereof.
9.2
Inspection of Work
9.2A
All materials, equipment, and workmanship used in Work shall be subject to inspection and testing at all
times during construction and/or manufacture in accordance with the terms of section 4-335 and section 4333 of Part 1, Title 24, California Code of Regulations and the terms of the Contract Documents. Work
and materials, and manufacture and preparation of materials, from beginning of construction until Final
Completion and acceptance of Work, shall be subject to inspection and rejection by District, its agents,
representatives or independent contractors retained by District to perform inspection services, or
governmental agencies with jurisdictional interests. Contractor shall provide them proper and safe
conditions for such access and advise them of Contractor’s Site safety procedures and program so that they
may comply therewith as applicable. Upon request or where specified, District shall be afforded access for
inspection at the source of supply, manufacture or assembly of any item of material or equipment, with
reasonable accommodations supplied for making such inspections.
9.2B
Contractor shall furnish, in such quantities and sizes as may be required for proper examination and tests,
Samples or test specimens of all materials to be used or offered for use in connection with Work.
Contractor shall prepare Samples or test specimens at its expense and furnish them to District. Contractor
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shall submit all Samples in ample time to enable District to make any necessary tests, examinations, or
analyses before the time it is desired to incorporate the material into the Work.
9.2C
Contractor shall give District timely notice of readiness of Work for all required inspections, tests or
approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or
tests.
9.2D
If applicable laws or regulations of any public body having jurisdiction require any Work (or part thereof)
specifically to be inspected, tested or approved by an employee or other representative of such public body,
Contractor shall assume full responsibility for arranging and obtaining such inspections, tests or approvals,
and furnish District with the required certificates of inspection, or approval. District will pay the cost of
initial testing and Contractor shall pay all costs in connection with any follow-up or additional testing.
Contractor shall also be responsible for arranging and obtaining and shall pay all costs in connection with
any inspections, tests or approvals required for the acceptance of materials or equipment to be incorporated
in the Work, or of materials, mix designs, or equipment submitted for approval prior to Contractor’s
purchase thereof for incorporation in the Work.
9.2E
If Contractor covers any Work, or the work of others, prior to any required inspection, test or approval
without written approval of District, Contractor shall uncover the Work at District’s request. Contractor
shall bear the expense of uncovering Work and replacing Work.
9.2F
In any case where Contractor covers Work contrary to District’s request, Contractor shall uncover Work for
District’s observation or inspection at District’s request. Contractor shall bear the cost of uncovering
Work.
9.2G
Whenever required by District, Contractor shall furnish tools, labor and materials necessary to make
examination of Work that may be completed or in progress, even to extent of uncovering or taking down
portions of finished Work. Should Work be found unsatisfactory, cost of making examination and of
reconstruction shall be borne by Contractor. If Work is found to be satisfactory, District, in manner herein
prescribed for paying for alterations, Modifications, and extra Work, except as otherwise herein specified,
will pay for examination.
9.2H
District shall select testing agencies approved by the Division of the State Architect to conduct required
tests and inspections for the project. A list of required structural tests and inspections prepared by the
Architect and approved by the Division of the State Architect shall be provided to the designated testing
agency and Project Inspector prior to the start of construction. Refer to section 4-335(a), Part 1, Title 24,
California Code of Regulations.
9.2I
The testing agency shall forward the test results to the Division of the State Architect, the Architect, the
Contractor, District and the Project Inspector within 14 days of the date of the test. The testing agency
shall forward to the Division of the State Architect a verified report covering all the tests required to be
made by that agency during the progress of the Project.
9.2J
Inspection of the Work by or on behalf of District, or District’s failure to do so, shall not under any
circumstances be deemed a waiver or approval of any non-conforming aspect of the Work. Contractor
shall have an absolute duty, in the absence of a written Change Order signed by District, to perform Work
in conformance with the Contract Documents and to immediately correct Defective Work immediately
upon Contractor’s knowledge.
9.2K
Any inspection, evaluation, or test performed by or on behalf of District relating to the Work is solely for
the benefit of District, and shall not be relied upon by Contractor. Contractor shall not be relieved of the
obligation to perform Work in accordance with the Contract Documents, nor relieved of any guaranty,
warranty, or other obligation, as a result of any inspections, evaluations, or tests performed by District,
whether or not such inspections, evaluations, or tests are permitted or required under the Contract
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Documents. Contractor shall be solely responsible for testing and inspecting Work already performed to
determine whether such Work is in proper condition to receive later Work.
9.3
Correction of Defective Work
9.3A
If Contractor fails to supply sufficient skilled workers, suitable materials or equipment, or to furnish or
perform the Work in such a way that the completed Work will conform to Contract Documents, District
may order Contractor to replace any such Defective Work, or stop any portion of Work to permit District
(at Contractor’s expense) to replace such Defective Work. These District rights are entirely discretionary
on the part of the District, and shall not give rise to any duty on the part of District to exercise the rights for
the benefit of Contractor or any other party.
9.3B
District may direct Contractor to correct any Defective Work or remove it from the Site and replace it with
Work that is not defective and satisfactorily correct or remove and replace any damage to other Work or the
work of others resulting from the correction or removal. Contractor shall be responsible for any and all
claims, costs, losses and damages caused by or resulting from such correction or removal. A Change Order
will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work
and the Contract Sum. If the parties are unable to agree to the amount of an appropriate decrease in the
Contract Sum, District may decide the proper amount or, in its discretion may elect to leave the Contract
Sum unchanged and deduct from monies due Contractor, all such claims, costs, losses and damages caused
by or resulting from the correction or removal. If Contractor disagrees with District’s calculations, it may
make a claim as provided in Article 12 of this Document 00700. District’s rights under this Paragraph 9.3B
shall be in addition to any other rights it may have under the Contract Documents or by law.
9.3C
Correction Period: If within one year after the date of Final Acceptance, or such longer period of time as
may be prescribed by laws or regulations, or by the terms of Contract Documents, any Work (completed or
incomplete) is found to be Defective, Contractor shall promptly, without cost to District and in accordance
with District’s written instructions, correct such Defective Work. Contractor shall remove any Defective
Work rejected by District and replace it with Work that is not Defective, and satisfactorily correct or
remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor
fails to promptly comply with the terms of such instructions, or in an emergency where delay would cause
serious risk of loss or damage, District may have the Defective Work corrected or the rejected Work
removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting
from such removal and replacement. Where Contractor fails to correct Defective Work, or defects are
discovered outside the correction period, District shall have all rights and remedies granted by law.
9.3D
In special circumstances where a part of the Work is occupied or a particular item of equipment is placed in
continuous service before Final Acceptance of all the Work, the correction period for that part of Work or
that item may start to run from an earlier date if so provided by Change Order.
9.3E
Where Defective Work or rejected Work (and damage to other Work resulting therefrom) has been
corrected, removed, or replaced under this provision after the commencement of the correction period, the
correction period hereunder with respect to such Work shall be extended for an additional period of one
year after such correction or removal and replacement has been satisfactorily completed.
9.4
Acceptance and Correction of Defective Work by District
9.4A
District may accept Defective Work. Contractor shall pay all claims, costs, losses and damages attributable
to District’s evaluation of and determination to accept such Defective Work. If District accepts any
Defective Work prior to final payment, a Change Order will be issued incorporating the necessary revisions
in the Contract Documents with respect to the Work and the Contract Sum. If the parties are unable to
agree to the amount of an appropriate decrease in the Contract Sum, District may deduct from monies due
Contractor, all claims, costs, losses, damages, expenses and liabilities attributable to the Defective Work. If
Contractor disagrees with District’s calculations, Contractor may make a claim as provided in Article 12 of
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this Document 00700. If District accepts any Defective Work after final payment, Contractor shall pay to
District, an appropriate amount as determined by District.
10.
9.4B
District may correct and remedy deficiency if, after five Days’ written notice to Contractor, Contractor fails
to correct Defective Work or to remove and replace rejected Work in accordance with Paragraph 9.3B of
this Document 00700; or provide a plan for correction of Defective Work acceptable to District; or perform
Work in accordance with Contract Documents. In connection with such corrective and remedial action,
District may exclude Contractor from all or part of the Site; take possession of all or part of Work and
suspend Contractor’s Work related thereto; take possession of all or part of Contractor’s tools, appliances,
construction equipment and machinery at the Site; and incorporate in Work any materials and equipment
stored at the Site or for which District has paid Contractor but which are stored elsewhere. Contractor shall
allow District, its representatives, agents, employees, and other contractors and Project Manager’s
consultants access to the Site to enable District to exercise the rights and remedies under this Paragraph
9.4B. Contractor shall be responsible for all claims, costs, losses, damages, expenses and liabilities
incurred or sustained by District in exercising such rights and remedies. A Change Order will be issued
incorporating the necessary revisions in the Contract Documents with respect to Work and the Contract
Sum. If the parties are unable to agree to the amount of an appropriate decrease in the Contract Sum,
District may deduct from moneys due Contractor, all claims, costs, losses and damages caused by or
resulting from the correction or removal. If Contractor disagrees with District’s calculations, Contractor
may make a claim as provided in Article 12 of this Document 00700.
9.5
Rights Upon Inspection, Correction or Acceptance
9.5A
Contractor shall not be allowed an extension of Contract Time because of any delay in the performance of
Work attributable to the exercise by District of its rights and remedies under this Article 9. Where District
exercises its rights under this Article 9, it retains and may still exercise all other rights it has by law or under
the Contract Documents including, but not limited to, the right to terminate Contractor’s right to proceed
with the Work under the Contract Documents for cause and/or make a claim or back charge where a Change
Order cannot be agreed upon.
9.5B
Inspection by District or its authorized agents or representatives shall not relieve Contractor of its
obligation to have furnished material and workmanship in accordance with Contract Documents. Payment
for Work completed through periodic progress payments, final payment or otherwise shall not operate to
waive District’s right to require full compliance with Contract Documents and shall in no way be deemed
as acceptance of any defective Work paid therefor. Contractor’s obligation to complete the Work in
accordance with Contract Documents shall be absolute, unless District agrees otherwise in writing.
9.5C
Neither acceptance of the whole or any part of Work by District nor any verbal statements on behalf of
District or its authorized agents or representatives shall operate as a waiver or Modification of any
provision of the Contract Documents, or of any power reserved to District herein nor any right to damages
provided in the Contract Documents.
9.6
Proof of Compliance of Contract Provisions
9.6A
In order that District may determine whether Contractor has complied or is complying with requirements of
Contract Documents not readily enforceable through inspection and tests of Work and materials, Contractor
shall at any time, when requested, submit to District properly authenticated documents or other satisfactory
proofs of compliance with all applicable requirements.
CONTRACTOR’S ORGANIZATION AND EQUIPMENT
10.1
Contractor’s Legal Address
10.1A
Address and facsimile number given in Contractor’s Bid are hereby designated as Contractor’s legal
address and facsimile number. Contractor may change its legal address and facsimile number by notice in
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writing, delivered to District, which in conspicuous language advises District of a change in legal address
or facsimile number, and which District accepts in writing. Delivery to Contractor’s legal address or
depositing in any post office or post office box regularly maintained by the United States Postal Service, in
a wrapper with postage affixed, directed to Contractor at legal address, or of any drawings, notice, letter or
other communication, shall be deemed legal and sufficient service thereof upon Contractor. Facsimile to
Contractor’s designated facsimile number of any letter, memorandum, or other communication on standard
or legal sized paper, with proof of facsimile transmission, shall be deemed legal and sufficient service
thereof upon Contractor.
10.2
Contractor’s Superintendents or Forepersons
10.2A
Contractor shall at all times be represented on Site by one or more superintendents or forepersons
authorized and competent to receive and carry out any instructions that District may give, and shall be
liable for faithful observance of instructions delivered to Contractor or to authorized representative or
representatives on Site.
10.3
Proficiency in English
10.3A
Supervisors, security guards, safety personnel and employees who have unescorted access to the Site shall
possess proficiency in the English language in order to understand, receive and carry out oral and written
communications or instructions relating to their job functions, including safety and security requirements.
10.4
Contractor’s and Subcontractors’ Employees
10.4A
Contractor shall employ, and shall permit its Subcontractors to employ, only competent and skillful
personnel to do Work. If District notifies Contractor that any of its employees, or any of its
Subcontractors’ employees on Work is incompetent, unfaithful, disorderly or profane, or fails to observe
customary standards of conduct or refuses to carry out any provision of the Contract Documents, or uses
threatening or abusive language to any person on Work representing District, or violates sanitary rules, or is
otherwise unsatisfactory, and if District requests that such person be discharged from Work, then
Contractor or its Subcontractor shall immediately discharge such person from Work and the discharged
person shall not be re-employed on the Work except with consent of District.
10.5
Contractor to Supply Sufficient Workers and Materials
10.5A
Unless otherwise required by District under the terms of Contract Documents, Contractor shall at all times
keep on the Site materials and employ qualified workers sufficient to prosecute Work at a rate and in a
sequence and manner necessary to complete Work within the Contract Time. This obligation shall remain
in full force and effect notwithstanding disputes or claims of any type.
10.5B
At any time during progress of Work should Contractor directly or indirectly (through Subcontractors)
refuse, neglect, or be unable to supply sufficient materials or employ qualified workers to prosecute the
Work as required, then District may require Contractor to accelerate the Work and/or furnish additional
qualified workers or materials as District may consider necessary, at no cost to District. If Contractor does
not comply with the notice within three Business Days of date of service thereof, District shall have the
right (but not a duty) to provide materials and qualified workers to finish the Work or any affected portion
of Work, as District may elect. District may, at its discretion, exclude Contractor from the Site, or portions
of the Site or separate Work elements during the time period that District exercises this right. District will
deduct from monies due or which may thereafter become due under the Contract Documents, the sums
necessary to meet expenses thereby incurred and paid to persons supplying materials and doing Work.
District will deduct from funds or appropriations set aside for purposes of Contract Documents the amount
of such payments and charge them to Contractor as if paid to Contractor. Contractor shall remain liable for
resulting delay, including liquidated damages and indemnification of District from claims of others.
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11.
10.5C
Exercise by District of the rights conferred upon District in Paragraph 10.5B of this Document 00700, is
entirely discretionary on the part of District. District shall have no duty or obligation to exercise the rights
referred to in Paragraph 10.5B of this Document 00700 and its failure to exercise such rights shall not be
deemed an approval of existing Work progress or a waiver or limitation of District’s right to exercise such
rights in other concurrent or future similar circumstances. The rights conferred upon District under
Paragraph 10.5B of this Document 00700 are cumulative to District’s other rights under any provision of
the Contract Documents.
10.6
Contractor’s Use of the Site
10.6A
Contractor shall not make any arrangements with any person to permit occupancy or use of any land,
structure or building within the limits of the Work, for any purpose whatsoever, either with or without
compensation, in conflict with any agreement between District and any owner, former owner or tenant of
such land, structure or buildings. Contractor may not occupy District-owned property outside the limit of
the Work as indicated on the Drawings unless it obtains prior approval from District.
10.7
Temporary Facilities
10.7A
Unless expressly provided otherwise in the Contract Documents, Contractor shall provide all temporary
electricity, water, telephone, sanitary facilities, barriers and enclosures, tree and plant protection, and any
other necessary services required for construction, testing or completion of the Work and to assure noninterference with District operations, ingress or egress of the public to near the Site and public safety.
PROSECUTION AND PROGRESS OF THE WORK
11.1
Schedules and Examinations of Contract Documents
11.1A
Contractor shall submit schedules, reports, and Submittals in the appropriate quantity and within the
required time, arrange conferences and meetings and proceed with the Work in accordance with Contract
Documents, including Sections 01315 (Project Meetings), 01320 (Progress Schedules and Reports), and
01330 (Submittal Procedures).
11.1B
Contractor shall submit to District for review and discussion at the Preconstruction Conference described in
Section 01315 (Project Meetings):
11.1C
1.
Progress Schedules and Reports as required by Sections 01320 (Progress Schedules and Reports)
and 01330 (Submittal Procedures).
2.
A preliminary schedule of Submittals that shall list each required Submittal and the times for
submitting, reviewing and processing such Submittal. If no such schedule is agreed upon, then all
Submittals shall be completed and submitted within 21 Days after the Notice of Award.
3.
A preliminary Schedule of Values for all the Work that shall conform to Section 01200
(Measurement and Payment).
Unless otherwise provided in the Contract Documents, at least 15 Days before submission of the first
Application for Payment, a conference attended by Contractor, District, and others as appropriate, will be
held to review for acceptability the schedules submitted in accordance with Paragraph 11.1B of this
Document 00700 and first reviewed at the Preconstruction Conference. Contractor shall have an additional
seven Days to make corrections and adjustments and to complete and resubmit the schedules. No progress
payment shall be due or owing to Contractor until the schedules are submitted to and acceptable to District
and/or Project Manager as meeting the requirements of the Contract Documents. District’s acceptance of
Contractor’s schedules will not create any duty of care or impose on District any responsibility for the
sequencing, scheduling or progress of Work nor will it interfere with or relieve Contractor from
Contractor’s full responsibility therefor.
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12
11.2
Cost Data
11.2A
Contractor shall maintain full and correct information as to the number of workers employed in connection
with each subdivision of Work, the classification and rate of pay of each worker in form of certified
payrolls, the cost to Contractor of each class of materials, tools and appliances used by Contractor in Work,
and the amount of each class of materials used in each subdivision of Work.
11.2B
District shall have the right to audit and copy Contractor’s books and records of any type, nature or
description relating to the Project (including but not limited to financial records reflecting in any way costs
claimed on the Project), and to inspect the Site, including Contractor’s trailer, or other job Site office, and
this requirement shall be contained in the subcontracts of Subcontractors working on Site. By way of
example, District shall have the right to inspect and obtain copies of all Contract Documents, planning and
design documents, Bid proposal and negotiation documents, cost records and job cost variance reports,
design modification proposals, value engineering or other cost reduction proposals, revisions made to the
original design, job Progress Reports, photographs, and as-built drawings maintained by Contractor.
District and any other applicable governmental entity shall have the right to inspect all information and
documents maintained under this Paragraph 11.2B at any time during the Project and for a period of five
years following Substantial Completion.
11.2C
Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications,
Addenda, Contract Modifications, Change Orders, Work Directives, Force Account orders, and written
interpretations and clarifications in good order and annotated to show all changes made during
construction. These Project Record Documents, together with all approved Samples and a counterpart of
all approved Shop Drawings, shall be maintained and available to District for reference. Upon completion
of the Work, Contractor shall deliver to District, the Project Record Documents.
CLAIMS BY CONTRACTOR
12.1
Obligation to File Claims for Disputed Work
12.1.A Should it appear to Contractor that the Work to be performed or any of the matters relative to the Contract
Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the
meaning or intent of the Contract Documents, or should any dispute arise regarding the true value of any
work performed, work omitted, extra work that the Contractor may be required to perform, time extensions,
payment to the Contractor during performance of this Contract, performance of the Contract, and/or
compliance with Contract procedures, or should Contractor otherwise seek extra time or compensation
FOR ANY REASON WHATSOEVER, then Contractor shall first follow procedures set forth in the
Contract (including but not limited to other Articles of this Document 00700 and Section 01250.) If a
dispute remains, then Contractor shall give written notice to District that expressly invokes this Article 12.
District shall decide the issue in writing and District’s written decision shall be final and conclusive. If
Contractor disagrees with District’s decision, or if Contractor contends that District failed to provide a
decision, then Contractor’s SOLE AND EXCLUSIVE REMEDY is to file a written claim setting forth
Contractor’s position as required herein.
12.2
Form and Contents of Claim
12.2.A Contractor’s written claim must identify itself as a “Claim” under this Article 12 and must include the
following: (1) a narrative of pertinent events; (2) citation to contract provisions; (3) theory of entitlement;
(4) complete pricing of all cost impacts; (5) a time impact analysis of all time delays that shows actual time
impact on the critical path; and (6) documentation supporting items 1 through 5. The Claim shall be
submitted to District within thirty (30) calendar days of receiving District’s written decision, or the date
Contractor contends such decision was due, and shall be priced like a change orders according to Section
01250 herein, and must be updated monthly as to cost and entitlement if a continuing claim. Routine
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contract materials, for example, correspondence, RFI, Change Order requests, or payment requests shall not
constitute a claim. Contractor shall bear all costs incurred in the preparation and submission of a claim.
12.3
Administration During/After Claim Submission
12.3.A After their submission, claims less than $375,000 shall also be subject to the Local Agency Disputes Act.
District may in its discretion conduct an administrative hearing on Contractor’s claim, in which case
Contractor shall appear, participate, answer questions and inquiries, and present any further evidence or
analysis requested by District to evaluate and decide Contractor’s claim. Notwithstanding and pending the
resolution of any claim or dispute, Contractor shall diligently prosecute the disputed work to final
completion in accordance with District’s determination.
12.4
Compliance
12.4.A The provisions of this Article 12 constitute a non-judicial claim settlement procedure, and also a two-step
claim presentment procedure by agreement under Section 930.2 of the California Government Code, that
shall survive termination, breach or completion of the Contract Documents. The first step is compliance
with the claim procedure set forth above. The second step is submission of a claim in compliance with the
Government Code. Pursuant to Government Code Section 930.2: (i.) the one-year period in Government
Code section 911.2 shall be reduced to 150 days; such period shall, however, commence no later than
substantial completion of the Project or termination under Article 13, whichever first occurs, and (ii.) any
and all Government Code Claims shall affirmatively indicate that Contractor has complied with the claims
procedure herein and recite all previous dispositions under paragraph 12.3 above.
12.4.B Failure to submit and administer claims as required in Article 12 shall waive Contractor’s right to claim on
any specific issues not included in a timely submitted claim. Claim(s) or issue(s) not raised in a timely
protest and timely claim submitted under this Article 12 may not be asserted in any subsequent litigation,
Government Code Claim, or legal action. District shall not be deemed to waive any provision under this
Article 12, if at District’s sole discretion, a claim is administered in a manner not in accord with this Article
12.
13.
LEGAL AND MISCELLANEOUS
13.1
Laws and Regulations
13.1A
Contractor shall keep fully informed of and shall comply with all laws, ordinances, regulations and orders
of any properly constituted authority affecting the Contract Documents, Work and persons connected with
Work, and shall protect and indemnify District and its officers, employees, consultants and agents against
any claim or liability, including attorney’s fees, arising from or based on violation of law, ordinance,
regulation or order, whether by Contractor or by Subcontractors, employees or agents. Authorized persons
may at any time enter upon any part of Work to ascertain compliance of all applicable laws, ordinances,
regulations and orders.
13.1B
Whenever Drawings and Specifications require larger sizes or higher standards than are required by any
applicable law, ordinance, regulation or order, Drawings and Specifications shall govern. Whenever
Drawings and Specifications require something that will violate such laws, ordinances, regulations or
orders, then such laws, ordinances, regulations or orders shall govern.
13.2
Permits and Taxes
13.2A
Contractor shall procure all permits and licenses applicable to the Work (including environmental matters
to the extent applicable); pay all charges and fees, including fees for street opening permits; comply with,
implement and acknowledge effectiveness of all permits; initiate and cooperate in securing all required
notifications or approvals therefore; and give all notices necessary and incident to due and lawful
prosecution of Work, unless otherwise provided herein. District will pay applicable building permits,
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school, sanitation, and water fees for the completed construction, except as otherwise provided in the
Contract Documents. Contractor shall pay all sales and/or use taxes levied on materials, supplies, or
equipment purchased and used on or incorporated into Work, and all other taxes properly assessed against
equipment or other property used in connection with Work, without any increase in the Contract Sum.
Contractor shall make necessary arrangements with proper authorities having jurisdiction over roads,
streets, pipelines, navigable waterways, railroads, and other works in advance of operations, even where
District may have already obtained permits for the Work.
13.3
Responsibility of Contractor and Indemnification
13.3A
District and each of its officers, employees, consultants and agents including, but not limited to, the Board,
Project Manager and each District’s Representative, shall not be liable or accountable in any manner for
loss or damage that may happen to any part of the Work; loss or damage to materials or other things used or
employed in performing the Work; injury, sickness, disease, or death of any person; or damage to property
resulting from any cause whatsoever except their sole negligence, willful misconduct or active negligence,
attributable to performance or character of the Work, and Contractor releases all of the foregoing persons
and entities from any and all such claims.
13.3B
To the furthest extent permitted by law (including without limitation California Civil Code Section 2782),
Contractor shall assume defense of, and indemnify and hold harmless, District and each of its officers,
employees, consultants and agents, including but not limited to the Board, Project Manager and each
District’s Representative, from claims, suits, actions, losses and liability of every kind, nature and
description, including but not limited to claims and fines of regulatory agencies and attorney’s fees and
consultant’s fees, directly or indirectly arising out of, connected with or resulting from performance of the
Work, failure to perform the Work, or condition of the Work which is caused in whole or part by any act or
omission of Contractor, Subcontractors, anyone directly or indirectly employed by any of them or anyone
for whose acts any of them may be liable, regardless of whether it is caused in part by the negligence of
District or by any person or entity required to be indemnified hereunder.
13.3C
With respect to third-party claims against Contractor, Contractor waives any and all rights to any type of
express or implied indemnity against District and each of its officers, employees, consultants and agents
including, but not limited to District, the Board, Project Manager and each District’s Representative.
13.3D
Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit
the liability of Contractor, its Subcontractors of any tier, or the officers or agents of any of them.
13.3E
To the furthest extent permitted by law (including, without limitation, Civil Code Section 2782), the
indemnities, releases of liability and limitations of liability, claims procedures, and limitations of remedy
expressed throughout Contract Documents shall apply even in the event of breach of Contract, negligence
(active or passive), fault or strict liability of the party(ies) indemnified, released, or limited in liability, and
shall survive the termination, rescission, breach, abandonment, or completion of the Work or the terms of
the Contract Documents. If Contractor fails to perform any of these defense or indemnity obligations,
District may in its discretion back charge Contractor for District’s costs and damages resulting therefrom
and withhold such sums from progress payments or other Contract moneys which may become due.
13.F
The indemnities in the Contract Documents shall not apply to any indemnified party to the extent of its sole
negligence or willful misconduct; nor shall they apply to District or other indemnified party to the extent of
its active negligence.
13.4
Concealed or Unknown Conditions
13.4A
If either of the following conditions is encountered at Site when digging trenches or other excavations that
extend deeper than four feet below the surface, Contractor shall give a written Notice of Differing Site
Conditions to District promptly before conditions are disturbed, except in an emergency as required by
Paragraph 16.4A of this Document 00700, and in no event later than seven Days after first observance of:
General Conditions
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1.
Subsurface or Latent physical conditions which differ materially from those indicated in the
Contract Documents; or
2.
Unknown physical conditions of an unusual nature or which differ materially from those
ordinarily encountered and generally recognized as inherent in work of the character provided for
in the Contract Documents.
13.4B
In response to Contractor’s Notice of Differing Site Conditions under this Paragraph 13.4B, District will
investigate the identified conditions, and if they differ materially and cause increase or decrease in
Contractor’s cost of, or time required for, performance of any part of the Work, District will negotiate the
appropriate change order following the procedures set forth in the Contract Documents. If District
determines that physical conditions at the Site are not Latent or are not materially different from those
indicated in Contract Documents or that no change in terms of the Contract Documents is justified, District
will so notify Contractor in writing, stating reasons (with Contractor retaining its rights under Article 12 of
this Document 00700.)
13.4C
Contractor shall not be entitled to any adjustment in the Contract Sum or Contract Time regarding claimed
Latent or materially different Site conditions (whether above or below grade) if Contractor knew or should
have known of the existence of such conditions at the time Contractor submitted its Bid, failed to give
proper notice, or relied upon information, conclusions, opinions or deductions of the kind that the Contract
Documents preclude reliance upon.
13.5
Notice of Hazardous Waste or Materials Conditions
13.5A
Contractor shall give a written Notice of Hazardous Materials Condition to District promptly, before any of
the following conditions are disturbed (except in an emergency as required by Paragraph 16.4 of this
Document 00700), and in no event later than 24 hours after first observance of any:
1.
Material that Contractor believes may be hazardous waste or hazardous material, as defined in
Section 25117 of the Health and Safety Code (including, without limitation, Asbestos, lead, PCBs,
petroleum and related hydrocarbons, and radioactive material) that is required to be removed to a
Class I, Class II, or Class III disposal site in accordance with provisions of existing law
(“hazardous material”); or
2.
Other material that may present an imminent substantial danger to persons or property exposed
thereto in connection with Work at the Site (“other materials”).
13.5B
Except as otherwise provided in the Contract Documents or as provided by applicable law, Contractor shall
not be required to give any notice for the disturbance or observation of any such hazardous materials or
other materials where such matter is disturbed or observed as part of the scope of Work under the Contract
Documents (such as hazardous waste or hazardous material investigation, remediation or disposal activities
which are identified as the subject of Work under the Contract Documents), where Contractor complies
with all requirements in the Contract Documents and applicable law respecting such materials.
13.5C
Contractor’s Notice of Hazardous Materials Condition shall indicate whether the hazardous materials or
other materials were shown or indicated in the Contract Documents to be within the scope of Work, and
whether the hazardous materials or other materials were brought to the Site by Contractor, its
Subcontractors, suppliers, or anyone else for whom Contractor is responsible.
13.5D
Contractor shall not be entitled to any adjustment in the Contract Sum or Contract Time regarding claimed
hazardous waste or materials if:
1.
Contractor knew of the existence of such hazardous materials or other materials at the time
Contractor submitted its Bid; or
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2
Contractor should have known of the existence of such hazardous material or other materials as a
result of its having the responsibility to obtain additional or supplementary examinations,
investigation, explorations, tests, studies, and data concerning the conditions at or contiguous to
the Site prior to submitting its Bid; or
3.
Contractor failed to give the written notice within the time required by Paragraph 13.5A of this
Document 00700.
13.5E
If District determines that conditions involve hazardous materials or other materials and that a change in
Contract Document terms is justified, District will issue either a Request for Proposal or Construction
Change Directive under the procedures described in the Contract Documents. If District determines that
conditions do not involve hazardous materials or other materials or that no change in Contract Document
terms is justified, District will notify Contractor in writing, stating the reasons for its determination.
13.5F
In addition to the parties’ other rights under Paragraph 13.5E of this Document 00700, if Contractor does
not agree to resume Work based on a reasonable belief that it is unsafe, or does not agree to resume Work
under special conditions, District may order the disputed portion of Work deleted from the Work, or
performed by others, or District may invoke its right to terminate Contractor’s right to proceed under the
Contract Documents in whole or in part, for convenience or for cause as the facts may warrant.
13.5G
If Contractor does not agree with any District determination of any adjustment in the Contract Sum or
Contract Time under this Paragraph 13.5, Contractor may make a claim as provided in Article 12 of this
Document 00700.
13.6
Suspension of Work
13.6A
District may, without cause, order Contractor in writing to suspend, delay or interrupt Work in whole or in
part for such period of time as District may determine. An adjustment shall be made for increases in cost of
performance of Work of the Contract Documents caused by any such suspension, delay or interruption,
calculated using the measures set forth in Section 01250 (Modification Procedures). No adjustment shall
be made to extent that performance is, was or would have been so suspended, delayed or interrupted by
another cause for which Contractor is responsible.
13.7
Termination of Contract for Cause
13.7A
The Contractor shall be in default of the Contract Documents and District may terminate the Contractor's
right to proceed under the Contract Documents, for cause, in whole or in part, should the Contractor
commit a material breach of the Contract Documents and not cure such breach within ten (10) calendar
days of the date of notice from District to the Contractor demanding such cure; or, if such breach is curable
but not curable within such ten (10) day period, within such period of time as is reasonably necessary to
accomplish such cure. (In order for the Contractor to avail itself of a time period in excess of 10 calendar
days, the Contractor must provide District within the ten (10) day period with a written plan acceptable to
District that demonstrates actual resources, personnel and a schedule to promptly to cure said breach, and
then diligently commence and continue such cure according to the written plan).
13.7B
In the event of termination by District as provided above for cause, the Contractor shall deliver to District
possession of the Work in its then condition, including but not limited to, all designs, engineering, Project
records, cost data of all types, plans and specifications and contracts with vendors and subcontractors, all
other documentation associated with the Project, and all construction supplies and aids dedicated solely to
performing the Work which, in the normal course of construction, would be consumed or only have salvage
value at the end of the construction period. The Contractor shall remain fully liable for the failure of any
Work completed and materials and equipment provided through the date of such termination to comply
with the provisions of the Contract Documents. The provisions of this Section shall not be interpreted to
diminish any right which District may have to claim and recover damages for any breach of the Contract
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Documents or otherwise, but rather, the Contractor shall compensate District for all loss, cost, damage,
expense, and/or liability suffered by District as a result of such termination and/or failure to comply with
the Contract Documents.
13.7C
In the event a termination for cause is later determined to have been made wrongfully or without cause,
then the termination shall be treated as a termination for convenience, and the Contractor shall have no
greater rights than it would have had following a termination for convenience. Any Contractor claim
arising out of a termination for cause shall be made in accord with Article 12 herein. No other loss, cost,
damage, expense or liability may be claimed, requested or recovered by the Contractor.
13.8
Termination of Contract for Convenience
13.8A
District may terminate performance of the Work under the Contract Documents in accordance with this
clause in whole, or from time to time in part, whenever District shall determine that termination is in
District’s best interest. Termination shall be effected by District delivering to the Contractor notice of
termination specifying the extent to which performance of the Work under the Contract Documents is
terminated, and the effective date of the termination.
13.8B
Contractor shall comply strictly with District’s direction regarding the effective date of the termination, the
extent of the termination, and shall stop work on the date and to the extent specified.
13.8C
Contractor shall be entitled to a total payment on account of the Contract work so terminated measured by
(i.) the actual cost to Contractor of Work actually performed, up to the date of the termination, with profit
and overhead limited to twelve percent (12%) of actual cost of work performed, up to but not exceeding the
actual contract value of the work completed as measured by the Schedule of Values and Progress Schedule,
(ii.) offset by payments made and other contract credits. In connection with any such calculation, however,
District shall retain all rights under the Contract Documents, including but not limited to claims,
indemnities, or setoffs.
13.8D
Under no circumstances may Contractor recover legal costs of any nature, nor may Contract recover costs
incurred after the date of the termination.
13.9
Contingent Assignment of Subcontracts
13.9A
Contractor hereby assigns to District each Subcontract for a portion of the Work, provided that:
1.
The assignment is effective only after District’s termination of Contractor’s right to proceed under
the Contract Documents (or portion thereof relating to that Subcontract) pursuant to Paragraphs
13.7 or 13.8 of this Document 00700.
2.
The assignment is effective only for the Subcontracts which District expressly accepts by
notifying the Subcontractor in writing;
3.
The assignment is subject to the prior rights, if any, of the Surety, obligated by Document 00610
(Construction Performance Bond) provided under the Contract Documents, where the Surety
exercises its rights to complete the Contract;
4.
After the effectiveness of an assignment, Contractor shall, at its sole cost and expense (except as
otherwise provided in this Document 00700), sign all instruments and take all actions reasonably
requested by District to evidence and confirm the effectiveness of the assignment in District; and
5.
Nothing in this Paragraph 13.9 shall modify or limit any of Contractor’s obligations to District
arising from acts or omissions occurring before the effectiveness of any Subcontract assignment,
including but not limited to all defense, indemnity and hold-harmless obligations arising from or
related to the assigned Subcontract.
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13.10
Remedies and Contract Integration
13.10A Subject to Contract Documents provisions regarding Contractor claims, claim review, and claim resolution,
and subject to the limitations therein, the exclusive jurisdiction and venue for resolving all claims,
counter-claims, disputes and other matters in question between District and Contractor arising out of or
relating to Contract Documents, any breach thereof or the Project shall be the applicable court of competent
jurisdiction located in the State of California, County of Santa Clara. All District remedies provided in the
Contract Documents shall be taken and construed as cumulative and not exclusive; that is, in addition to
each and every other remedy herein provided; and in all instances District shall have any and all other
equitable and legal rights and remedies which it would have according to law.
13.10B The Contract Documents, any Contract Modifications, and Change Orders shall represent the entire and
integrated agreement between District and Contractor regarding the subject matters hereof and thereof and
shall constitute the exclusive statement of the terms of the parties’ agreement. The Contract Documents,
and any Contract Modifications and Change Orders, shall supersede any and all prior negotiations,
representations or agreements, written or oral, express or implied, that relate in any way to the subject
matter of the Contract Documents or written Modifications. District and Contractor represent and agree
that, except as otherwise expressly provided in the Contract Documents, they are entering into the Contract
Documents and any subsequent written Modification in sole reliance upon the information set forth or
referenced in the Contract Documents or Contract Modifications; the parties are not and will not rely on
any other information, which shall be inadmissible in any proceeding to enforce these documents.
13.10C Either party’s waiver of any breach or failure to enforce any of the terms, covenants, conditions or other
provisions of the Contract Documents at any time shall not in any way affect, limit, modify or waive that
party’s right thereafter to enforce or compel strict compliance with every term, covenant, condition or other
provision hereof, any course of dealing or custom of the trade or oral representations notwithstanding.
13.11
Patents
13.11A Fees or claims for any patented invention, article or arrangement that may be used upon or in any manner
connected with performance of the Work or any part thereof shall be included in the Bid price for doing the
Work. Contractor shall defend, indemnify and hold harmless District and each of its officers, employees,
consultants and agents, including, but not limited to, the Board and each District’s Representative, from all
damages, claims for damages, costs or expenses in law or equity, including attorney’s fees, arising from or
relating to any claim that any article supplied or to be supplied under the Contract Documents infringes on
the patent rights, copyright, trade name, trademark, service mark, trade secret or other intellectual property
right of any person or persons or that the person or entity supplying the article does not have a lawful right
to sell the same. Such costs or expenses for which Contractor agrees to indemnify and hold harmless the
above indemnities include but are not limited to any and all license fees, whether such fees are agreed by
any indemnitee or ordered by a court or administrative body of any competent jurisdiction.
13.12
Substitution for Patented and Specified Articles
13.12A Except as noted specifically in the instructions to Bidders or in Contract Documents, whenever in
Specifications, material or process is designated by patent or proprietary name or by name of manufacturer,
such designation shall be deemed to be used for purpose of facilitating description of material and process
desired, and shall be deemed to be followed by the words “or Approved Equal” and Contractor may offer
any substitute material or process that Contractor considers “equal” in every respect to that so designated
and if material or process offered by Contractor is, in opinion of District, Equal in every respect to that so
designated, its use will be approved. However, Contractor may utilize this right only by timely submitting
Document 00660 (Substitution Request Form) as provided in Document 00200 (Instructions to Bidders). A
substitution will be approved only if it is a true Equal item in every aspect of its design and quality,
including but not limited to its dimensions, weights, service requirements, durability, functioning, impact
on contiguous construction elements, overall schedule and design.
General Conditions
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13.13
Interest of Public Officers
13.13A No representative, officer, or employee of District no member of the governing body of the locality in
which the Project is situated, no member of the locality in which District was activated, and no other public
official of such locality or localities who exercises any functions or responsibilities with respect to the
Project, during the tenure of the official or for one year thereafter, shall, as principal, agent, attorney or
otherwise, be directly or indirectly interested, in the Contract Documents or the proceeds thereof.
13.14
Limit of Liability
13.14A DISTRICT, AND EACH OF ITS OFFICERS, BOARD MEMBERS, EMPLOYEES, CONSULTANTS
AND AGENTS INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGER AND EACH OTHER
DISTRICT REPRESENTATIVE, SHALL HAVE NO LIABILITY TO CONTRACTOR FOR SPECIAL,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES, EXCEPT TO THE LIMITED EXTENT THAT
THESE CONTRACT DOCUMENTS OR APPLICABLE PUBLIC CONTRACTING STATUTES MAY
SPECIFY THEIR RECOVERY.
14.
MODIFICATIONS OF CONTRACT DOCUMENTS
14.1
Alterations, Modifications and Force Account Work
14.1A
As provided in the latest edition of Part I of Title 24, California Code of Regulations, no modification or
deviation from the Drawings and Specifications will be permitted except by written addenda, written
Change Order or written Supplemental Instruction. As appropriate, Change Orders are subject to approval
by the Division of the State Architect. Refer section 4-338, Part 1, Title 24, California Code of
Regulations.
14.1B
Project Manager, before the date of completion of Work, may order changes in Work herein required, and
may order extra materials and extra Work in connection with performance of Contract, and the Contractor
shall promptly comply with such orders. Any such orders shall be diligently carried out by the Contractor
in accordance with the Contract Documents. As appropriate, such Change Orders are subject to approval
by the Division of the State Architect. Refer to Section 4-338, Part 1, Title 24, California Code or
Regulations. If changes ordered in design, workmanship or materials are of such a nature as to increase or
decrease the time or cost of any part of Work, price fixed in Contract shall be increased or decreased by
amount as the Contractor and District may agree upon as reasonable and proper allowance for increase or
decrease in cost of Work, and absent such agreement, then as District may direct (with Contractor retaining
its rights under Article 12 herein).
14.1C
District may, without notice to the sureties, make alterations, deviations, additions to, or deletions from
Contract Documents; increase or decrease the quantity of any item or portion of the Work; expand, contract
or otherwise change the Contract Time; delete any item or portion of the Work; and require extra Work.
Contractor shall perform such Work under applicable provisions of the Contract Documents, unless
specifically provided otherwise at the time the change is ordered. In the case of any ordered extra Work,
District reserves the right to furnish all or portions of associated labor, material, and equipment, which
Contractor shall accept and use without payment for costs, markup, profit, or otherwise for such Districtfurnished labor, materials, and equipment.
14.1D
Changes affecting the Contract Time or Contract Sum of the Work shall be set forth in a written Change
Order that shall specify:
1.
The Work performed in connection with the change to be made;
2.
The amount of the adjustment of the Contract Sum, if any, and the basis for compensation for the
Work ordered; and
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3.
15.
The extent of the adjustment in the Contract Time, if any.
14.1E
A Change Order will become effective when signed by District, notwithstanding that Contractor has not
signed it.
14.1F
Procedures for Modifications of Contract Documents and for calculating the cost of extra Work are given
in Section 01250 (Modification Procedures). Regarding delay and impact costs of any nature, Contractor
may not seek delay compensation for on-Site or off-Site costs based on formulas, e.g., “Eichlay” or other
formula. Rather, Contractor shall prove actual costs resulting from such delays.
14.1G
A performance bond rider covering the changed Work must be executed and delivered to District before
proceeding with the changed Work.
TIME ALLOWANCES
15.1
Entitlement to Change of Contract Time
15.1A
The Contract Time may only be changed by Change Order or by Contract Modification, and all time limits
stated in the Contract Documents are of the essence of Contract Documents.
15.1B
The Contract Time will be adjusted in an amount equal to the time lost due to:
15.1C
1.
Changes in the Work ordered by District;
2.
Acts or neglect by District, Project Manager, any District’s Representative, utility owners or other
contractors performing other work, provided that Contractor has fully and completely performed
its responsibilities under the Contract Documents; or
3.
Fires, floods, epidemics, abnormal weather conditions beyond the parameters otherwise set forth
in this Paragraph 15.1, earthquakes, civil or labor disturbances, strikes or acts of God, provided
damages resulting therefrom are not the result of Contractor’s failure to protect the Work as
required by Contract Documents.
The Contract Time shall not be extended for any cause identified in Paragraph 15.1B above, however,
unless:
1.
Contractor actually has been prevented from completing any part of the Work within the Contract
Time due to delay that is beyond Contractor’s control and due to reasons for which Contractor is
not responsible (delays attributable to and within the control of a Subcontractor, or its
subcontractors, or supplier shall be deemed to be delays within the control of Contractor);
2.
A claim for delay is made as provided herein; and
3.
Contractor submits a critical path analysis that demonstrates actual delay to critical Work activities
that actually delay the progress of the Work in the amount of time requested.
15.2
Weather Related Delays
15.2A
Delays due to abnormal or adverse weather conditions will not be allowed for weather conditions and
resulting delays which fall within the parameters listed herein. Adverse weather delays may be allowed
only if the number of work days of adverse weather exceeds these parameters on a monthly basis and the
Contractor can prove that adverse weather actually caused delays. Contractor must give written notice of
intent to claim an adverse weather day within one day of the adverse weather day occurring. The claim
must be approved by the District will make the final decision on the Contractor’s claim for adverse weather
General Conditions
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Days. Rain parameters are as follows: Rain days: January, [6]; February, [6]; March, [6]; April, [3]; May,
[1]; June, [0]; July, [0]; August, [0]; September, [1]; October, [2]; November, [4]; December, [5]. The rain
Days shall be pro-rated in the individual month the Contractor starts and finishes work. In order to qualify
as a rain day with respect to the foregoing parameters, daily rainfall must exceed .10 of an inch or more at
the City of San Jose, California, station, as measured by the National Oceanic & Atmospheric
Administration, and Contractor must prove that the rain actually caused delay as set forth above.
Notwithstanding the above allowances, Contractor shall at all times employ all available rain mitigation
measures to enable Work to continue. Delays due to abnormal or adverse weather conditions will not be
allowed for weather conditions that fall within the parameters listed in this Paragraph 15.2A.
15.2B
Contractor shall include the foregoing rain parameters as a monthly activity in its Progress Schedule. As
Work on the critical path is affected by rain, Contractor shall notify District and request that the Days be
moved to the affected activities. Any adverse weather Days remaining shall be considered Project float.
15.2C
Adverse weather delay for rain shall be recognized for the actual period of time Contractor proves it was
delayed by rain exceeding the specified parameters. For example, and not by way of limitation, if rain
exceeding the specified parameters does not in fact delay Contractor’s progress on the critical path, then no
time extension shall be recognized; and conversely, if Contractor proves that rain exceeding the specified
parameters causes delay to Contractor for a period longer than the number of rain Days incurred (e.g., if it
rains during grading Work), then Contractor shall be entitled to a time extension equal to the actual period
of such delay.
15.2D
Contractor shall take reasonable steps to mitigate potential weather delays, such as dewatering the Site,
covering Work and material that could be affected adversely by weather, and using all necessary
construction means and methods to dry and/or aerate wet soils. Failure to do so shall be cause for District
not to grant a time extension due to adverse weather, where Contractor could have avoided or mitigated the
potential delay by exercising reasonable care.
15.3
Notice of Delay
15.3A
Within seven Days of the beginning of any delay, Contractor shall notify District in writing, by submitting
a notice of potential claim, of all anticipated delays resulting from the delay event in question. Any request
for extension of time shall be accompanied by Contractor’s written statement that the adjustment claimed is
the entire adjustment to which the Contractor is entitled as a result of the occurrence of the delay event, and
shall include a written schedule document that demonstrates delay to the critical path using a critical path
analysis (or a Time Impact Analysis if so specified in Document 01320). District will determine all claims
and adjustments in the Contract Time. No claim for an adjustment in the Contract Time will be valid and
such claim will be waived if not submitted in accordance with the requirements of this paragraph.
15.4
Time Extensions and/or Compensation Entitlement for Delays
15.4A
Contractor may receive a time extension and be compensated for delays caused directly and solely by
District.
15.4B
The Contractor may receive time extension (without compensation) during periods of delay concurrently
caused by the Contractor and the District. The Contractor may receive time extension and be compensated
for delays caused directly and solely by the District except that the Contractor shall not be entitled to
damages for delay to the Work caused by the District’s right to sequence the Work in a manner which
would avoid disruption to the District’s tenants and its contractors or other prime contractors and their
respective subcontractors, exercised as a result of the Contractor’s failure to perform its cooperation and
coordination responsibilities required by the Contract Documents, the District’s enforcement of any
government act or regulation, or the provisions of the Contract Documents. Where the Contractor is
prevented from completing any part of the Work within the Contract Times due to delay beyond the control
of both the District and the Contractor (including, but not limited to, adverse weather of all types), an
extension of Contract Times (without compensation), in an amount equal to the time loss due to such delay
General Conditions
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shall be the Contractor’s sole and exclusive remedy for such delay. The Contractor shall not be entitled to
any time extension or compensation, including but not limited to extended field or home office overhead,
field supervision, costs of capital, interest, escalation charges, acceleration costs or other impacts for any
delays caused in whole or in part by the Contractor’s failure to perform its obligations under the Contract
Documents.
15.4C
Contractor may receive a time extension without compensation for delays resulting in whole or in part from
causes beyond the reasonable control of Contractor and District, e.g., adverse weather conditions exceeding
Contract Documents parameters, acts of third parties unrelated to Contractor’s obligations herein,
earthquakes, acts of God and epidemics. In such cases, a time extension without compensation shall
constitute Contractor’s sole and exclusive remedy for such delays.
15.4D
Contractor shall not be entitled to any time extension or compensation during periods of delay caused in
whole or in part by Contractor’s failure to perform its obligations under the Contract Documents, or
concurrently caused by Contractor and either District or others.
15.4E
Contractor shall not be entitled to compensation for delay to the Work caused by the following reasons:
1.
District’s right to sequence the Work in a manner which would avoid disruption to District’s
contractors and their subcontractors and District’s employees, exercised as a result of Contractor’s
failure to perform its cooperation and coordination responsibilities required by Contract
Documents; District’s enforcement of any government act or regulation; or the provisions of the
Contract Documents;
2.
For changed Site conditions that are beyond the parties’ contemplation, except that District may
approve direct costs associated with unknown conditions (but not costs or damages which result
from such delays); and
3.
Extensive requests for clarifications to Contract Documents or Contract Modifications thereto,
provided such clarifications or Contract Modifications are processed by District or its consultants
in a reasonable time commensurate with Contract Documents requirements.
15.4F
(As used herein, “compensation” includes any and all claims of any type for costs or damages resulting
from delay, including but not limited to, and by way of example only, extended field or home office
overhead, field supervision, costs of capital, interest, escalation charges, acceleration costs or other impacts
for any delays.)
15.5
Liquidated Damages
15.5A
Time is of the essence. Execution of Contract Documents by Contractor shall constitute acknowledgement
by Contractor that Contractor understands, has ascertained and agrees that District will actually sustain
damages in the amount fixed in the Contract Documents for each and every Day during which completion
of Work required is delayed beyond expiration of time fixed for completion or extensions of time allowed
pursuant to provisions hereof. Contractor and District agree that specified measures of liquidated damages
shall be presumed to be the damages actually sustained by District as defined in Document 00520, and that
because of the nature of the Project, it would be impracticable or extremely difficult to fix the actual
damages.
15.5B
District may deduct from any money due or to become due to Contractor subsequent to time for completion
of entire Work and extensions of time allowed pursuant to provisions hereof, a sum representing thenaccrued liquidated damages.
General Conditions
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Contract No. B-01-2014-15
16.
WORKING CONDITIONS AND PREVAILING WAGES
16.1
Use of Site/Sanitary Rules
16.1A
All portions of the Work shall be maintained at all times in neat, clean and sanitary condition. Contractor
shall furnish toilets for use of Contractor’s and Subcontractors’ employees on the Site where needed, and
their use shall be strictly enforced. All toilets shall be properly secluded from public observation, and shall
be located, constructed and maintained subject to District’s approval.
16.1B
Contractor shall confine construction equipment, the storage of materials and equipment and the operations
of workers to the Site and land areas identified in and permitted by Contract Documents and other land and
areas permitted by applicable laws and regulations, rights of way, permits and easements or as designated
by District, and shall not unreasonably encumber the premises with construction equipment or other
materials or equipment. Contractor shall assume full responsibility for any damage to any such land or
area, any improvement located thereon, or to the owner or occupant thereof resulting from the performance
of Work.
16.1C
During the progress of the Work, Contractor shall keep the Site and the Project free from accumulations of
waste materials, rubbish and other debris resulting from the Work. At the completion of the Work,
Contractor shall clean the site, remove all waste materials, rubbish and debris from and about the Site as
well as all tools, appliances, construction equipment and machinery and surplus materials. Contractor shall
leave the premises clean and ready for occupancy by District at Substantial Completion of Work.
Contractor shall restore to original condition all property not designated for alteration by Contract
Documents.
16.1D
Contractor shall not load nor permit any part of any structure or pavement to be loaded in any manner that
will endanger the structure or pavement, nor shall Contractor subject any part of Work or adjacent property
to stresses or pressures that will endanger it. Contractor shall conduct all necessary existing conditions
investigation regarding structural, mechanical, electrical or any other system existing, shall perform Work
consistent with such existing conditions, and shall have full responsibility for insufficiencies or damage
resulting from insufficiencies of existing systems, equipment or structures to accommodate performing the
Work.
16.2
Protection of Work, Persons, and Property
16.2A
Contractor shall be responsible for initiating, maintaining and supervising all safety and site security
precautions and programs in connection with Work, and shall develop and implement a site security and
safety plan throughout construction. Contractor shall comply with all safety requirements specified in any
safety program established by District, or required by state, federal or local laws and ordinances.
Contractor shall be responsible for all theft or damage to Work, property or structures, and all injuries to
persons, either on the Site or constituting the Work (e.g., materials in transit), arising from the performance
of Work of the Contract Documents from a cause.
16.2B
Contractor shall comply with all applicable laws and regulations of any public body having jurisdiction for
safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain
all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property
and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal, relocation and replacement of their property.
16.2C
Contractor shall remedy all damage, injury or loss to any property referred to in Paragraph 16.2A of this
Document 00700, caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor,
supplier, or any other person or organization directly or indirectly employed by any of them to perform or
furnish any Work or anyone for whose acts any of them may be liable. Contractor’s duties and
responsibility for safety and for protection of Work shall continue until such time as all the Work is
General Conditions
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Installation of Replacement HVAC
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Contract No. B-01-2014-15
completed and Final Acceptance of the Work. District and its agents do not assume any responsibility for
collecting any indemnity from any person or persons causing damage to Contractor’s Work.
16.2D
Contractor shall designate a qualified and experienced safety representative at the Site whose duties and
responsibilities shall be the prevention of accidents and the maintaining and supervising of safety
precautions and programs.
16.2E
District may, at its option, retain such moneys due under the Contract Documents as District deems
necessary until any and all suits or claims against Contractor for injury to persons or property shall be
settled and District receives satisfactory evidence to that effect.
16.3
Responsibility for Safety and Health
16.3A
Contractor shall ensure that its and each tier of Subcontractors’ employees, agents and invitees comply with
applicable health and safety laws while at the Site. These laws include the Occupational Safety and Health
Act of 1970 and rules and regulations issued pursuant thereto, and District’s safety regulations as amended
from time to time. Contractor shall comply with all District directions regarding protective clothing and
gear.
16.3B
Contractor shall be fully responsible for the safety of its and its Subcontractors’ employees, agents and
invitees on the Site. Contractor shall notify District, in writing, of the existence of hazardous conditions,
property or equipment at the Site that are not under Contractor’s control. Contractor shall be responsible
for taking all the necessary precautions against injury to persons or damage to the property of Contractor,
Subcontractors or persons from recognized hazards until the responsible party corrects the hazard.
16.3C
Contractor shall confine all persons acting on its or its Subcontractors’ behalf to that portion of the Site
where Work under the Contract Documents is to be performed, District-designated routes for ingress and
egress thereto, and any other District-designated area. Except those routes for ingress and egress over
which Contractor has no right of control, within such areas, Contractor shall provide safe means of access
to all places at which persons may at any time have occasion to be present.
16.4
Emergencies
16.4A
In emergencies affecting the safety or protection of persons or Work or property at the Site or adjacent
thereto, Contractor, without special instruction or authorization from District, is obligated to act to prevent
threat and damage, injury or loss, until directed otherwise by District. Contractor shall give District prompt
written notice if Contractor believes that any significant changes in Work or variations from Contract
Documents have been caused thereby. If District determines that a change in the Contract Documents is
required because of the action taken by Contractor in response to such an emergency, a Change Order or
Construction Change Directive will be issued to document the consequences of such action.
16.5
Use of Roadways and Walkways
16.5A
Contractor shall not unnecessarily interfere with use of any roadway, walkway or other facility for
vehicular or pedestrian traffic. Before beginning any interference and only with District’s prior
concurrence, Contractor may provide a detour or temporary bridge for traffic to pass around or over the
interference, which Contractor shall maintain in satisfactory condition as long as interference continues.
Unless otherwise provided in the Contract Documents, Contractor shall bear the cost of these temporary
facilities.
16.6
Nondiscrimination
16.6A
No person or entity shall discriminate in the employment of persons upon public works because of race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition,
marital status, sexual preference, or gender of such persons, except as provided in Section 12940 of the
General Conditions
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Installation of Replacement HVAC
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Government Code. Every contractor for public works violating the provisions of Section 1735 of the Labor
Code is subject to all the penalties imposed for a violation of Chapter 1, Part 7, Division 2 of the Labor
Code.
16.7
Prevailing Wages
16.7A
Contractor shall pay to persons performing labor in and about Work provided for in the Contract
Documents an amount equal to or more than the general prevailing rate of per diem wages for (1) work of a
similar character in the locality in which the Work is performed and (2) legal holiday and overtime work in
said locality. The per diem wages shall be an amount equal to or more than the stipulated rates contained in
a schedule that has been ascertained and determined by the Director of the State Department of Industrial
Relations and District to be the general prevailing rate of per diem wages for each craft or type of workman
or mechanic needed to execute this Contract. Contractor shall also cause a copy of this determination of
the prevailing rate of per diem wages to be posted at each Site.
16.7B
Contractor shall forfeit, as a penalty to District, Fifty Dollars ($50.00) for each laborer, workman, or
mechanic employed in performing labor in and about the Work provided for in the Contract Documents for
each Day, or portion thereof, that such laborer, workman or mechanic is paid less than the said stipulated
rates for any Work done under the Contract Documents by him or her or by any Subcontractor under him or
her, in violation of Articles 1 and 2 of Chapter 1 of Part 7 of Division II of the California Labor Code. The
sums and amounts which shall be forfeited pursuant to this Paragraph 16.7B and the terms of the Labor
Code shall be withheld and retained from payments due to Contractor under the Contract Documents,
pursuant to this Document 00700 and the Labor Code, but no sum shall be so withheld, retained or forfeited
except from the final payment without a full investigation by either the State Department of Industrial
Relations or by District. The Labor Commissioner pursuant to Labor Code Section 1775 shall determine
the final amount of forfeiture.
16.7C
Contractor shall insert in every subcontract or other arrangement which Contractor may make for
performance of Work or labor on Work provided for in the Contract, provision that Subcontractor shall pay
persons performing labor or rendering service under subcontract or other arrangement not less than the
general prevailing rate of per diem wages for work of a similar character in the locality in which the Work
is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work
fixed in the Labor Code.
16.7D
Contractor stipulates that it shall comply with all applicable wage and hour laws, including without
limitation Labor Code Section 1813.
16.8
SB 854 Compliance
16.8A
No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or
after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code
section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code
section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project
(awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant
to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
16.8B
All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor
Commissioner (aka Division of Labor Standards Enforcement).
General Conditions
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Contract No. B-01-2014-15
16.9
Labor Compliance Program:
16.9A
This contract may be subject to a labor compliance program, as described in subdivision (b) of Section
1771.5 of the Labor Code. The Labor Compliance Program (“LCP”) is incorporated by reference into the
Contract and it will be enforced as required by state law and regulations and the Director of the Department
of Industrial Relations. The Contractor shall comply with all requirements identified in the Labor
Compliance Program.
16.9B
Contractor or Subcontractor agrees that submission of Certified Payroll Records as well as all related or
subsequent requests for supporting documents made by the Owner or its LCP shall be a condition precedent
to receipt of a progress, final or retention payment. The Owner shall withhold any portion of the progress
payment up to and including the entire payment until the Certified Payroll Records requirement is met by
the Contractor or Subcontractor. If the Contractor or Subcontractor is determined to have failed to pay
workers in compliance with the applicable prevailing wage sections of the Labor Code, the Owner’s LCP,
the Owner shall continue to withhold progress, final or retention payments until sufficient funds have been
withheld for payment of wages to workers and all applicable penalties imposed by the LCP.
.
16.9C
The Contractor and Subcontractors shall maintain, and furnish with each Application for Payment to the
District, certified copies of all weekly payrolls for the period covered by the Application for Payment
containing a statement of compliance signed under penalty of perjury.
16.9D
The Labor Compliance Officer shall review, and, if appropriate, audit payroll records to verify compliance
with Chapter 1, Part 7 of Division 2 of the California Labor Code. The District shall withhold contract
payments when payroll records are delinquent or inadequate.
16.9E
The Contractor or Subcontractor shall have 10 days in which to comply subsequent to receipt of a written
notice requesting Certified Payroll Records or supporting documents. In the event that the Contractor or
Subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the Owner or its
LCP, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict
compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of
Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.
16.9F
A pre-job conference shall be held with the Contractor and Subcontractors to discuss Federal and State
labor law requirements applicable to the Project.
16.10
Environmental Controls
16.10A Contractor shall comply with all rules, regulations, ordinances, and statutes that apply to any Work
performed under the Contract Documents including, without limitation, any toxic, water, stormwater
management and soil pollution controls and air pollution controls specified in Government Code Section
11017. Contractor shall be responsible for insuring that Contractor’s Employees, Subcontractors, and the
public are protected from exposure to airborne hazards or contaminated water, soil, or other toxic materials
used during or generated by activities on the Site or associated with the Project.
16.11
Shoring Safety Plan
16.11A Any conflict between this Paragraph 16.9 and Division 2 of the Specifications shall be resolved in favor of
the most stringent requirement.
16.11B At least five Days in advance of any excavation five feet or more in depth, Contractor shall submit to
District a detailed plan showing the shoring, bracing and sloping design (including calculations) and other
provisions to be made for worker protection from the hazard of caving ground during the excavation, as
required by Labor Code Section 6705. A civil or structural engineer registered in California shall prepare
General Conditions
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Installation of Replacement HVAC
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Contract No. B-01-2014-15
and sign any plan that varies from the shoring system standards established by the State Construction
Safety Orders.
16.11C During the course of Work, Contractor shall be responsible for determining where sloping, shoring, and/or
bracing is necessary and the adequacy of the design, installation, and maintenance of all shoring and
bracing for all excavation, including any excavation less than five feet in depth. Contractor will be solely
responsible for any damage or injuries that may result from excavating or trenching. District’s acceptance
of any drawings showing the shoring or bracing design or Work schedule shall not relieve Contractor of its
responsibilities under this Paragraph 16.9.
16.11D Appoint a qualified supervisory employee who shall be responsible to determine the sloping or shoring
system to be used depending on local soil type, water table, stratification, depth, etc.
END OF DOCUMENT
General Conditions
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Installation of Replacement HVAC
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Contract No. B-01-2014-15
DOCUMENT 00821
SUPPLEMENTARY CONDITIONS – INSURANCE
1.
SUMMARY
A.
2.
SUPPLEMENTS
A.
4.2.A.
This document includes requirements that supplement the paragraphs of Document 00700
(General Conditions).
Add new paragraph 4.2:
At or before the date specified in Document 00200 (Instructions to Bidders), Contractor shall
furnish to District satisfactory proof that Contractor has taken out for the entire period covered by
the Contract the following classes of insurance in the form and with limits and deductibles
specified below:
1.
Comprehensive General Liability Insurance covering claims for personal injury,
bodily injury and property damage arising out of the Work and in a form
providing coverage not less than that of a Standard Commercial General
Liability Insurance policy (“Occurrence Form”). Such insurance shall provide
for all operations and include independent contractors, products liability,
completed operations for one year after Final Completion and acceptance of the
final payment for the Work, contractual liability, and coverage for explosion,
collapse, and underground hazards. The limits of such insurance shall not be
coverage of less than $1,000,000.00 each occurrence, $2,000,000.00 general
aggregate limit, and $2,000,000.00 aggregate for products and completed
operations. The policies shall be endorsed to provide Broad Form Property
Damage Coverage.
2.
Comprehensive Automobile Liability Insurance covering all owned, non-owned,
and hired vehicles. Such insurance shall provide coverage not less than the
standard Comprehensive Automobile Liability policy with limits not less than
$1,000,000.00 each person Bodily Injury, $1,000,000.00 each occurrence Bodily
Injury, and $1,000,000.00 each occurrence Property Damage.
3.
All-Risk Course of Construction Insurance including damage to property owned
by District, Contractor or third parties caused by fire. Insurance shall be in the
amount of 100 percent of the completed value of the Work to be performed
under this Contract. Deductible shall not exceed $10,000.00. Each loss shall be
borne by Contractor.
4.
Workers’ Compensation Insurance for all persons whom the Contractor may
employ in carrying out Work contemplated under Contract Documents, in
accordance with the Act of Legislature of State of California, known as
“Workers’ Compensation Insurance and Safety Act,” approved May 26, 1913,
and all acts amendatory or supplemental thereto, in the statutory amount.
5.
Environmental Impairment Liability Insurance covering bodily injury and
property damage utilizing an occurrence policy form, in an amount no less than
$1,000,000.00 combined single limit for each occurrence.
Supplementary Conditions –
Insurance
Installation of Replacement HVAC
Heat Pumps at Two Schools
00821- 1
Contract No. B-01-2014-15
4.2.B.
All policies of insurance shall be placed with insurers acceptable to District. The insurance
underwriter(s) for all insurance policies except Workers’ Compensation shall have an A. M. Best
Company rating of A or better. Required minimum amounts of insurance may be increased
should conditions of Work, in opinion of District, warrant such increase. Contractor shall increase
required insurance amounts upon direction by District.
4.2.C.
Required Endorsements: The policies required under paragraphs 4.2.A.1, 4.2.A.2 and 4.2.A.5 of
this Document 00700 shall be endorsed as follows:
4.2.D.
1.
Name District, its Board of Directors, and their employees, representatives,
consultants, and agents, and Project Manager as additional insureds, but only
with respect to liability arising out of the activities of the named insured.
2.
Each such policy shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limit of the insurance
company’s liability required under paragraphs 4.2.A.1 and 4.2.A.2 [Option: and
4.2.A.5] of this Document 00700.
3.
Insurance shall be primary to District and no other insurance or self-insured
retention carried or held by District shall be called upon to contribute to a loss
covered by insurance for the named insured.
Additional Endorsement: The policy required under paragraph 4.2.A.1 of this Document 00700
shall be endorsed as follows:
1.
Name the State of California, its officers, agents, employees, and servants as
additional insured, but only with respect to liability arising out of the activities
of the named insured.
4.2.E.
Certificates of insurance and endorsements shall have clearly typed thereon District Contract
Number and title of Contract Documents. Written notice of cancellation, non-renewal, or
reduction in coverage of any policy shall be mailed to District (Attention: Purchasing Manager) at
the address listed in Document 00520 (Agreement), 60 Days in advance of the effective date of the
cancellation, non-renewal, or reduction in coverage. Written notice of cancellation for nonpayment shall be mailed within 10 Days of cancellation. Contractor shall maintain insurance in
full force and effect during entire period of performance of Contract Documents. Contractor shall
keep insurance in force during warranty and guarantee periods, except that Contractor may
discontinue All-Risk Course of Construction Insurance after Final Payment. At time of making
application for extension of time, and during all periods exceeding the Contract Time resulting
from any cause, Contractor shall submit evidence that insurance policies will be in effect during
requested additional period of time. Upon District’s request, Contractor shall submit to District,
within 30 Days, copies of the actual insurance policies or renewals or replacements.
4.2.F.
Contractor shall pay all insurance premiums, including any charges for required waivers of
subrogation or the endorsement of additional insureds. If Contractor fails to maintain insurance,
District may take out comparable insurance, and deduct and retain amount of premium from any
sums due Contractor under Contract Documents.
Supplementary Conditions –
Insurance
Installation of Replacement HVAC
Heat Pumps at Two Schools
00821- 2
Contract No. B-01-2014-15
4.2.G.
If injury occurs to any employee of Contractor, Subcontractor or sub-subcontractor for which the
employee, or the employee’s dependents in the event of employee’s death, is entitled to
compensation from District under provisions of the Workers’ Compensation Insurance and Safety
Act, as amended, or for which compensation is claimed from District, District may retain out of
sums due Contractor under Contract Documents, amount sufficient to cover such compensation, as
fixed by the Act, as amended, until such compensation is paid, or until it is determined that no
compensation is due. If District is compelled to pay compensation, District may, in its discretion,
either deduct and retain from the Contract Sum the amount so paid, or require Contractor to
reimburse District.
4.2.H.
Nothing in paragraph 4.2 of this Document 00700 shall be construed as limiting in any way the
extent to which Contractor or any Subcontractor may be held responsible for payment of damages
resulting from their operations.
4.2.I.
Except for, all Subcontractors shall maintain the same insurance required to be maintained by
Contractor with respect to their portions of the Work, and Contractor shall cause the
Subcontractors to furnish proof thereof to District within ten Days of District’s request.
4.2.J.
The following provisions apply to any licensed professional engaged by Contractor to perform
portions of the Work (“Professional”).
1.
Each Professional shall maintain the following insurance:
a.
Professional Liability Insurance, insuring against professional errors
and omissions arising from Professional’s Work on the Project, in an
amount not less than $1,000,000.00 combined single limit for each
occurrence. If Professional cannot provide an occurrence policy,
Professional shall provide insurance covering claims made as a result
of performance of Work on this Project and shall maintain such
insurance in effect for not less than two years following Final
Completion of the Project.
b.
All insurance required by paragraphs 4.2.A.1, 4.2.A.2, and 4.2.A.4 of
this Document 00700. Professional shall satisfy all other provisions of
paragraph 4.2 of this Document 00700 relating to that insurance,
including without limitation providing required insurance certificates
(containing the required endorsements) before commencing its Work
on the Project.
END OF DOCUMENT
Supplementary Conditions –
Insurance
Installation of Replacement HVAC
Heat Pumps at Two Schools
00821- 3
Contract No. B-01-2014-15
DOCUMENT 00822
APPRENTICESHIP PROGRAM
1.
COMPLIANCE REQUIRED
A.
2.
CERTIFICATION OF APPROVAL
A.
3.
California Labor Code §1777.5, as amended, requires a Contractor or Subcontractor employing
tradespersons in any apprenticeable occupation to apply to the joint apprenticeship committee
nearest the site of a public works project and which administers the apprenticeship program in that
trade for a certification of approval. The certificate shall also fix the ratio of apprentices to
journeypersons that will be used in performance of the Contract. The ratio of work performed by
apprentices to journeypersons in such cases shall not be less than one hour of apprentices work for
every five hours of labor performed by journeypersons (the minimum ratio for the land surveyor
classification shall not be less than one apprentice for each five journeypersons), except:
1.
When unemployment for the previous three month period in the area exceeds an average
of 15 percent;
2.
When the number of apprentices in training in the area exceeds a ratio of one to five;
3.
When a trade can show that it is replacing at least 1/30 of its membership through
apprenticeship training on an annual basis state-wide or locally; or
4.
Assignment of an apprentice to any work performed under a public works contract would
create a condition which would jeopardize his or her life or the life, safety, or property of
fellow employees or the public at large or if the specific task to which the apprentice is to
be assigned is of such a nature that training cannot be provided by a journeyperson.
FUND CONTRIBUTIONS
A.
4.
Contractor and Subcontractors shall comply with the requirements of California Labor Code
§§1776, 1777.5, and 1777.6 concerning the employment of apprentices by Contractor or
Subcontractors. Willful failure to comply may result in penalties, including loss of the right to Bid
on or receive public works contracts.
Contractor is required to make contributions to funds established for administration of
apprenticeship programs if Contractor employs registered apprentices or journeypersons in any
apprenticeable trade on such contracts and if other contractors on the public works site are making
such contributions.
APPRENTICESHIP STANDARDS
A.
Information relative to apprenticeship standards, wage schedules, and other requirements may be
obtained from the Director of the California Department of Industrial Relations, or from the
Division of Apprenticeship Standards and its branch offices.
END OF DOCUMENT
Apprenticeship Program
00822- 1
Installation of Replacement HVAC
Heat Pumps at Two Schools
Contract No. B-01-2014-15
DOCUMENT 00910
ADDENDA
CONTRACT NUMBER B-01-2014-15
INSTALLATION OF REPLACEMENT HVAC HEAT PUMPS AT TWO ELEMENTARY SCHOOLS
[DOCUMENT TO BE COMPLETED AS ADDENDA DURING BID PERIOD]
The following Addenda were issued, modifying the Project Manual:
Addendum No. 1, issued on [date]
Addendum No. 2, issued on [date]
[continue as appropriate]
(Addenda have been incorporated into the conformed Project Manual.)
END OF DOCUMENT
Addenda
00910- 1
Installation of Replacement HVAC
Heat Pumps at Two Schools
Contract No. B-01-2014-15
SECTION 01035
ALLOWANCES
Part 1 – General
1.01 RELATED DOCUMENTS:
A. Drawings and general provisions of Contract, including General and Supplementary Conditions of Division
1 Specification sections, apply to work of this section.
1.02 DESCRIPTION OF REQUIREMENTS:
A. Definition: An allowance is a value to be included in the Base Bid. The value of each allowance is to be
used by the School District to fund the cost for repairs or replacements but not shown on the drawings or
covered in another specification section as being repaired or replaced.
B. Coordination: Coordinate related work and modify or adjust adjacent work as required to ensure that work
affected by each allowance to complete and fully integrated into the project.
C. Include as part of each allowance, miscellaneous devices, appurtenances and similar item incidental to or
required for a complete installation.
PART 2 – PRODUCTS
Not used
PART 3 – EXECUTION
3.01 SCHEDULE OF ALLOWANCES:
A. Allowance for Repairs or replacement: Include an allowance of $5,000 in the Base Bid for repairs and
replacement but not shown on the Drawings or covered in another specification section as being repaired or
replaced.
B. The value of necessary repairs and replacement of such hidden conditions will be reviewed and addressed
at the time of discovery on a time and material basis without allowance for the extension of time to
complete all work.
END OF SECTION
Allowances
00910- 1
Installation of Replacement HVAC
Heat Pumps at Two Schools
Contract No. B-03-2009-10
SECTION 01100
SUMMARY
PART 1 GENERAL
1.1
SUMMARY
A.
Section includes:
1.
Summary of Work and Work Restrictions including:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
1.2
Work Covered By Contract Documents
Bid Item, Allowances and Alternates
Work Under Other Contracts
Future Work
Work Sequence
Work Days and Hours
Shutdown for Discovery of Cultural Resources
Cooperation of Contractor and Coordination with Other Work
Partial Occupancy/Utilization Requirements
Contractor Use of Site
Air Quality Standards
Construction Staking and Monument Protection
Protection of Existing Structures and Underground Facilities
Permits
District-Furnished Products
WORK COVERED BY CONTRACT DOCUMENTS
A.
Work comprises of Bid B-01-2014-15 Installation of replacement HVAC heat pumps at two
schools
Contract Documents fully describe the Work.
B.
The Work of this Contract comprises construction of all the Work indicated, described in the
Specifications, or otherwise required by the Contract Documents.
C.
Unless provided otherwise in the Contract Documents, all risk of loss to Work covered by
Contract Documents shall rest with Contractor until Final Acceptance of the Work.
D.
Cost of maintenance of systems and equipment prior to Final Acceptance will be considered as
included in prices Bid and no direct or additional payment will be made therefor.
Summary
01100- 1
HVAC Replacement at Cherrywood
Elementary School
Contract No. B-03-2009-10
1.3
1.4
BID ITEMS, ALLOWANCES AND ALTERNATES
A.
Any Bid item may be deleted from the Work and Contract Sum, in total or in part, prior to or after
award of Contract without compensation in any form or adjustment of other Bid items or prices
therefore.
B.
Payment of all items is subject to provisions of Contract Documents, including without limitation
Section 01200 (MEASUREMENT AND PAYMENT).
C.
For all Bid items, furnish and install all Work, including connections to existing systems, indicated
and described in Specifications and all other Contract Documents. Work and requirements
applicable to each individual Bid item, or unit of Work, shall be deemed incorporated into the
description of each Bid item (whether Lump Sum or Unit Price).
D.
Descriptions of Lump Sum Items (listed by Bid item numbers):
E.
Descriptions of Unit Price Items and Basis of Measurement for Payment (listed by Bid item
numbers):
F.
Allowances: $5,000 (See Section 01035 Quantity Allowances)
G.
Alternates: (N/A)
DESCRIPTIONS OF BID DIVISIONS
A.
BID DIVISION DESCRIPTIONS - Bid Division Descriptions are listed below and described on
the pages immediately following. Also refer to other portions of this section for further details.
B.
General - For the purpose of clarity, the scope of work for each Bid Division has been divided into
two categories: "INCLUDED", and “NOT INCLUDED".
a.
Items listed under "INCLUDED" are the standard and/or "conventional" work scope of
each Bid Division as well as some items which may be considered less obvious or
"unconventional," but which are included in the work scope of a particular Bid Division.
b.
Information provided under the heading "NOT INCLUDED" is for the purpose of
indicating the beginning and termination of a point, and/or to provide an understanding of
fringe involvement’s either not included or included in Bid Divisions. (Information
under this heading is not always necessary to delineate a Bid Division.)
c.
Bid Divisions are the categories of Work into which the Project will be divided for
bidding and construction. Bid Divisions should not be confused with Specification
Sections.
d.
Bid Division Descriptions (Section 01100) are written descriptions of the Scope of the
Work included in each of the Bid Divisions.
e.
The General Conditions, Divisions 0 and 1 remain a requirement for every Bid Divisions,
for the Work of each Bid Division.
f.
Each Bid Division Contractor shall enter into an agreement with the District, creating a
multiple prime contract approach to complete the work of this project.
Summary
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HVAC Replacement at Cherrywood
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Contract No. B-03-2009-10
1.5
g.
Bid Division Descriptions have been written to clearly define the Scope of Work for each
Bid Package. Assigning or separating any portion of the Technical Specification typically
does this. Contractors are encouraged to request information or clarification by
submitting a written request to the office of the Construction Manager. The District will
not be responsible for a Contractor's incorrect interpretation of the Descriptions.
h.
Although each Bid Division involves a standard segment of "conventional" trade
contracting, multiple contract project delivery requires that adjustments be made to
permit the completion of each Bid Division as a separate segment of construction. Each
Contractor shall carefully review the total scope of responsibilities with respect to the
Work of the Bid Division(s), and shall provide for the total scope in Contractor's
Proposal.
i.
Each Contractor shall become familiar with the work scopes of all other Bid Divisions,
which interface with the Bid Division of which a proposal is being submitted. Each
Contractor shall consider that the work of Contractor's Bid Division(s) may follow the
work of another Bid Division, that other Contractors may perform work after the work of
Contractor's Bid Division(s), and that other Contractors must work simultaneously with
the work of Contractor's Bid Division(s). Each Contractor shall include provisions for
such sequencing and scheduling and for cooperation and coordination with such other
Contractors in the Bid Proposal.
j.
Bidders shall construe nothing contained in the Bidding Documents, including the Bid
Division descriptions, as an assignment of work to any construction industry trade. Each
Bidder is responsible for Bidder's own work assignments within the Bid Division.
k.
Some “Work Included” applies to multiple Bid Divisions, and is required to be performed
by more than one Bid Division. The appearance of the same Work, by naming of the
same specification section or terms, within separate Bid Divisions shall be bid as if
required by each division. Immediately after the opening of the bids, Contractor shall
identify any such duplication, implied or otherwise. The District will then review the item
and make a selection as to which division will perform the Work. The division not
selected to perform the Work will provide a full credit to the District, inclusive of all
mark-ups, bonds, multipliers, overhead and profit.
l.
If conflicts exist within the contracts documents, each Contractor in every Bid Division
shall base their lump sum bid pricing on the portion of the Contract Documents that are
the higher quality, greater quantity, more architecturally pleasing, more complex
approach, more stringent or limiting requirement. Contractor shall present the conflicting
issues to the Architect through the RFI process and provide a proposed cost savings if the
Architect is to permit the implementation the reduced quality, quantity, complexity, or
allow the less stringent, limiting or architecturally pleasing option. Contractor shall
install the portion of the Contract Documents that are the higher quality, greater quantity,
more architecturally pleasing, more complex approach, more stringent or limiting
requirement, unless directed otherwise.
WORK UNDER OTHER CONTRACTS
None expected
1.6
FUTURE WORK
A.
None expected
Summary
01100- 3
HVAC Replacement at Cherrywood
Elementary School
Contract No. B-03-2009-10
1.7
WORK SEQUENCE
A.
1.8
1.9
WORK DAYS AND HOURS
A.
Work Days and hours: Monday-Friday inclusive, 7:00 a.m.-5:00 p.m. local time.
B.
Work at the Site on weekends or holidays is not permitted, unless Contractor requests otherwise
from District in writing at least 48 hours in advance and District approves in its sole discretion.
C.
Contractor will not be permitted to schedule utility shutdowns on Fridays.
SHUTDOWN FOR DISCOVERY OF CULTURAL RESOURCES
A.
1.10
1.11
Construct Work in stages and at times to accommodate District operation requirements during the
construction period; coordinate construction schedule and operations with District.
If discovery is made of items of historical archaeological or paleontological interest, immediately
cease all Work in the area of discovery. Archaeological indicators may include, but are not
limited to, dwelling sites, locally darkened soils, stone implements or other artifacts, fragments of
glass or ceramics, animal bones, human bones, and fossils. After cessation of excavation,
immediately contact District. Do not resume Work until authorization is received from District.
When resumed, excavation or other activities shall be as directed by District.
COOPERATION OF CONTRACTOR AND COORDINATION WITH OTHER WORK
A.
Coordinate with District and any District forces, or other contractors and forces, as required by
Document 00700 (General Conditions), Paragraph 6.
B
Constantly review Contract Documents, submittals, changes, and prepare overlay drawings as
necessary to avoid conflicts, errors, omissions and untimely construction.
PARTIAL OCCUPANCY/UTILIZATION REQUIREMENTS
A.
Allow District to take possession of and use any completed or partially completed portion of the
Work during the progress of the Work as soon as is possible without interference to the Work.
B.
Possession, use of Work, and placement and installation of equipment by District shall not in any
way evidence the completion of the Work or any part of it.
C.
Contractor shall not be held responsible for damage to the occupied part of the Work resulting
from District occupancy.
D.
Make available, in areas occupied, on a 24-hour per day and 7-day per week basis if required, any
utility services, heating, and cooling in condition to be put in operation at the time of occupancy.
1.
Responsibility for operation and maintenance of said equipment shall remain with
Contractor.
2.
Make, and District shall certify, an itemized list of each piece of equipment so operated
with the date operation commences.
Summary
01100- 4
HVAC Replacement at Cherrywood
Elementary School
Contract No. B-03-2009-10
1.12
3.
Itemized list noted above shall be basis for commencement of warranty period for
equipment.
4.
District shall pay for utility cost arising out of occupancy by District during construction.
E.
Use and occupancy by District prior to acceptance of Work does not relieve Contractor of its
responsibility to maintain insurance and bonds required under the Contract until entire Work is
completed and accepted by District.
F.
Prior to date of Final Acceptance of the Work by District, all necessary repairs or renewals in
Work or part thereof so used, not due to ordinary wear and tear, but due to Defective materials or
workmanship or to operations of Contractor, shall be made at expense of Contractor, as required in
Document 00700 (General Conditions).
G.
Use by District of Work or part thereof as contemplated by this Section 01100 shall in no case be
construed as constituting acceptance of Work or any part thereof. Such use shall neither relieve
Contractor of any responsibilities under Contract, nor act as waiver by District of any of the
conditions thereof.
H.
District may specify in the Contract Documents that portions of the Work, including electrical and
mechanical systems or separate structures, shall be substantially completed on dates described in
this Section 01100, if any, prior to Substantial Completion of all of the Work. Notify District in
writing when Contractor considers any such part of the Work ready for its intended use and
Substantially Complete and request District to issue a Certificate of Substantial Completion for
that part of the Work.
CONTRACTOR USE OF SITE
A.
Confine operations at Site to areas permitted by Contract Documents, permits, ordinances, and
laws.
B.
Do not unreasonably encumber Site with materials or equipment.
C.
Assume full responsibility for protection and safekeeping of products stored on premises.
D.
Move any stored products that interfere with operations of District or other contractor.
E.
Coordinate parking, storage, staging, and Work areas with District.
F.
District will provide a storage area for Contractor's equipment and materials.
G.
Do not store construction materials in the Dripline of any tree.
I.
For access to District property: The entrance to the access road is protected with a gate and
lock. Contractor shall insert Contractor’s own lock in series and ensure that the entrance is locked
at the end of each workday and at other times as may be necessary to control unauthorized entry.
J.
For work in District building: Contractor shall contact District at least 2 Business Days prior to
entering the building and performing Work to allow District to arrange access into the building.
K.
Prior to commencement of Work or excavation, Contractor and the District shall jointly survey the
area adjacent to the Project area making permanent note and record of such existing damage such
as cracks, sags or other similar damage. This record shall serve as a basis for determination of
subsequent damage to structures, conditions or other existing improvements due to Contractor’s
Summary
01100- 5
HVAC Replacement at Cherrywood
Elementary School
Contract No. B-03-2009-10
operations. All parties making the survey shall sign the official record of existing damage.
Cracks, sags or damage of any nature to the adjacent Project area, not noted in the original survey
but subsequently noted, shall be reported immediately to the District.
1.13
1.14
L.
The Contractor shall follow all city ordinances in force during the duration of this Contract.
M.
Dumpsters shall be removed from the Site before 7:00 a.m. or after 5:00 p.m. on any school day.
N.
It is essential that the Contractor perform the Work with as little interference and disturbance as
possible to the surrounding neighborhood.
O.
Access Request forms shall be submitted 48 hours in advance of anticipated on-site Work to gain
permission to enter Site and to allow notification to occupants.
P.
When suspect materials, outside the scope of Work, are encountered during the Work or
restoration process, the Contractor shall immediately contact the Project Manager for evaluation
and approval of the methods for dealing with the material.
AIR QUALITY STANDARDS
A.
Ensure that idling time for all heavy equipment is minimized to reduce on-Site emissions.
B.
Maintain equipment in good mechanical condition.
C.
Cover trucks hauling dirt.
D.
Limit dust emissions during periods of high winds (greater than 15 miles per hour).
E.
Replace ground cover in disturbed areas as soon as possible.
F.
Enclose, cover, water, or apply soil binders to exposed stockpiles.
G.
Remove earth tracked onto neighboring paved roads at least once daily.
H.
Limit equipment speed to 10 miles per hour in unpaved areas.
CONSTRUCTION STAKING AND MONUMENT PROTECTION
A.
Notify District 3 Business Days prior to the need for initial staking. District will provide
engineering surveys to establish construction stakes that in District’s judgment are necessary to
enable Contractor to proceed with the Work.
B.
If Contractor finds any additional staking necessary, notify District in writing 2 Business Days in
advance. District shall have no liability for any inadequacy unless Contractor notifies District and
District fails to cure within 3 Business Days of such notice.
C.
Contractor shall be responsible for laying out the Work, shall protect and preserve the established
construction stakes and property monuments, and shall make no changes or relocations without
the prior written approval of District. Whenever Contractor knows or reasonably should know
that any Work activity is likely to damage or destroy any construction stakes or property
monuments, or require relocation because of necessary changes in grades or locations, provide at
least 2 Business Days advance notice to District. In any event, notify District whenever any
construction stakes or property monuments are lost or destroyed or require relocation because of
necessary changes in grades or locations. District shall replace or repair construction stakes or
property monuments at Contractor’s expense.
Summary
01100- 6
HVAC Replacement at Cherrywood
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Contract No. B-03-2009-10
1.15
D.
Perform brush clearing and traffic control, as necessary, in District’s sole judgment.
E.
Illegible survey requests or requests for surveys without proper (at least 3 Business Days)
notification, may result in delayed surveys. No extension of Contract Time will be allowed due to
such delays.
F.
If District’s survey crews are not available to perform the survey staking following proper
notification, Contractor shall provide its own survey staking. Provide District with Contractor’s
survey staking information in writing within 3 Business Days after it becomes available to
Contractor.
PROTECTION OF EXISTING STRUCTURES AND UNDERGROUND FACILITIES
A.
The Drawings may indicate existing above- and below-grade structures, drainage lines, storm
drains, sewers, water lines, gas lines, electrical lines, hot water lines, and other similar items and
Underground Facilities that are known to District.
1.
At least 2 Business Days, or as otherwise noted, prior to commencement of excavation,
notify the owners of the following Underground Facilities:
a.
Sewer lines:
City of San Jose Dept. of Transportation,
Phone: (408) 277-4373
b.
Water/Sewer lines:
City of San Jose Municipal Water Dept.,
Phone: (408) 277-4036
c.
Water/Sewer lines:
City of San Jose Public Works Dept.,
Phone: (408) 277-4333
d.
Telephone conduit:
AT&T Phone: USA Toll Free: (800) 750-2355
e.
Cable:
Comcast Inc Phone: USA Toll Free: (800) 984-2824
B.
Where overhead service to a structure, known to receive service, does not exist, then underground
service shall be assumed to exist.
C.
Attention is also directed to the existence of overhead power and telephone lines.
D.
Perform pot-holing by hand within 24 inches (in any direction) of the Underground Facilities.
This may be done on an area-by-area basis, but shall be accomplished at least 7 Days in advance
of the date of construction within such area.
E.
Telemetry antennas: Ensure that the telemetry and voice communication antennas located on any
school roof remains operational. District’s telemetry system is critical to the function and
operation of District’s water supply and distribution system. Coordinate relocation of equipment
related to the telemetry and voice communication systems with District. Notify District 3 Days
prior to conducting any Work in the vicinity of the telemetry antenna.
F.
No attempt has been made to locate private utilities on private property such as sprinkler irrigation
systems or electrical conduits. Contact the property owners prior to construction.
G.
In addition to reporting, if a utility is damaged, Contractor must take appropriate action as
provided in Document 00700 (General Conditions).
Summary
01100- 7
HVAC Replacement at Cherrywood
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Contract No. B-03-2009-10
H.
1.16
1.17
Additional compensation or extension of time on account of utilities not indicated or otherwise
brought to Contractor’s attention including reasonable action taken to protect or repair damage
shall be determined as provided in Document 00700 (General Conditions).
PERMITS
A.
Permits, agreements, or written authorizations that are known by District to apply to this Project
will be secured by the District as required.
B.
All other permits that may be required, such as electrical, mechanical, fire prevention, irrigation,
grading, slope protection, tree cutting, etc., have not been applied for and shall be obtained by
Contractor. Applicable permit fees will be reimbursed to the extent specified in Document 00700
(General Conditions).
ACTUAL DAMAGES FOR PERMIT VIOLATIONS
A.
In addition to damages which are impracticable or extremely difficult to determine, for which
liquidated damages will be assessed as described in Paragraph 15.5 of Document 00700 (General
Conditions), District may incur actual damages, including fines imposed by any regulatory
agency, resulting from loss of use in violation of legal or regulatory requirements where the
violations result from Contractor’s activities. Continuous operation of the appropriate components
in compliance with legal or regulatory requirements is essential to avoid discharges that would
violate applicable regulations. Violations or threatened violations may subject District to fines per
day or occurrence and/or other costs or civil liabilities.
B.
Contractor shall be liable for and shall pay District the amount of any actual losses in addition to
liquidated damages or other remedies provided by the Contract Documents.
C.
The amount of liquidated damages provided in Paragraph 15.5 of Document 00700 (General
Conditions) is not intended to include, nor does the amount include, any damages incurred by
District for reasons other than those listed in that paragraph. Any money due or to become due to
Contractor may be retained by District to cover both the liquidated and the actual damages
described above and, should such money not be sufficient to cover such damages, District shall
have the right to recover the balance from Contractor or its sureties.
PART 2 PRODUCTS
2.1
PRODUCTS ORDERED IN ADVANCE
A.
2.2
As provided in Section 01200 (MEASUREMENT AND PAYMENT), and subject to all other
provisions of the Contract Documents, District will pay for identified materials and equipment
indicated in the Drawings as District provided.
DISTRICT-FURNISHED PRODUCTS
A.
District-Furnished Products:
1.
B.
Please refer to the Drawings
District's Responsibilities:
1.
Arrange for and deliver District-reviewed Shop Drawings, Product Data, and Samples, to
Contractor.
Summary
01100- 8
HVAC Replacement at Cherrywood
Elementary School
Contract No. B-03-2009-10
C.
2.
Arrange and pay for delivery to Site.
3.
On delivery, inspect products jointly with Contractor.
4.
Submit claims for transportation damage and replace damaged, Defective, or deficient
items.
5.
Arrange for manufacturers' warranties, inspections, and service.
Contractor's Responsibilities:
1.
Review District-reviewed Shop Drawings, Product Data, and Samples.
2.
Receive and unload products at Site; inspect for completeness or damage jointly with
District.
3.
Handle, store, install, and finish products.
4.
Repair or replace items damaged after receipt.
5.
Install into Project per Contract Documents.
PART 3: EXECUTION
3.1
WORK SPECIFICALLY REQUIRED OF EACH BID DIVISION
A.
All Work is divided into Bid Divisions as listed above and as described below and, shall be bid
and accomplished according to the Bid Divisions listed.
B.
The Scope of “Work Included” is inclusive, but is not limited to the Bid Division description
below. Each Contractor is responsible for providing Work that could be reasonable assumed by
the Architect to be part of this Contractor’s Bid Division, AND, which is not identified as “Work
Not Included” in the Contractors Bid, or in the Bid Division Description. The Architect shall have
sole authority to determine what is not in the Contractor’s Scope of Work.
C.
Each Bid Division as laid out in the 01100’s is provided as an aid and overview of Scope, and in
no way is to be construed as ALL INCLUSIVE detailed description, each Bid Division shall be
fully responsible for all work in ALL Contract Documents, including the General Conditions,
Divisions 0 and 1.
D.
District staff, students, parents, community and other third parties will have access to the campus.
The various school campuses must maintain their operations throughout the execution of the work
of this contract. Maintaining the access, safety and protection of the existing developments is
critical and required by every Bid Division. If the Contractor fails to provide safe, proper and well
planned access for District staff, students, parents and the community during the course of the
work (or at the end of a working day) the District will provide the required safety and access
measures. The work provided by the District, or their designated Contractor, shall be performed in
accordance with General Conditions Failure of the Contractor to Correct Work, without the
requirement of a 48 hour notice.
E.
Contractor is fully aware and has taken into consideration that the Work of this project is
preceding under accelerated timeframes with multiple prime contracts, at the same time and all
costs associated with the unique conditions of this project are taken into account when submitting
their lump sum bid. This includes working multiple crews at the same time with proper
Summary
01100- 9
HVAC Replacement at Cherrywood
Elementary School
Contract No. B-03-2009-10
supervision, coordination; scheduling and cooperation are a critical part of this project.
F.
Contractor shall include in their submitted lump sum bid all costs associated with completing the
work of this Project in accordance with the Preliminary Project Schedule, (1) page dated May 28,
2009. This shall include all punchlist, and coordination with other Bid Divisions and the District.
G.
Contractor shall be prepared to timely execute the documentation requirements, scheduling
requirements, detailed daily coordination required and project management needs for this project.
H.
The construction access point into the each site is restricted. Contractors will be required to work
through and cooperate with the detailed construction coordination required to install new work and
coordinate the work with the occupants, functions of the District. Contractors are to include the
resulting off hour work, split delivery times and truck access times and phased access to this area
in their lump sum bid price. Additionally other work will be ongoing before, during and after this
project timeline and cooperation from all parties is required.
I.
It is understood and agreed that while work is being performed,
Foreman/Superintendent will be on site to direct and supervise all work.
J.
Furnish, install and remove any and all necessary temporary bracing, scaffolding, shoring or false
work required. Include all temporary items necessary to protect the integrity of all structures and
finishes until the completion of the final work and/or until such temporary items are no longer
necessary. Note that most if not all of the work of this scope will take place after the finish
pavement, building and adjacent materials are installed and protection of those finished materials
is critical to the success of the project. Provide all visqueen, tenting, cardboard, trench plates,
plywood and planking built-up required to complete and to protect the existing surfaces from the
work, materials and equipment of this scope.
K.
Contractor is to prime and paint surfaces of all items that will be concealed or exposed that are to
be painted.
L.
Continuous housekeeping and daily clean up is MANDATORY. The Contractor shall put debris
in own debris boxes and/or remove debris from the site at Contractor’s own expense prior to the
end of the work day or as directed by the Construction Manager. All debris boxes and containers
shall be kept free of graffiti at all times. If Contractor fails to perform daily clean up, the
Construction Manager shall order the clean up done at Contractor’s expense.
M.
Contractor is notified that the District and other Contractors shall be performing other work at this
site and all work must be coordinated through the District Contractor shall coordinate their work
with all other work on site and not encumber their other work with the work of this project.
Contractor shall limit their loud or noise disruptive to teaching to off hours.
N.
The drawings show a diagrammatic distance relationship only, Contractor shall field verify all
actual dimensions of work prior to submitting their bid. All costs associated for actual routing and
dimensions are to be included in the submitted bid value.
a
full
time
END OF SECTION
Summary
01100- 10
HVAC Replacement at Cherrywood
Elementary School
Contract No. B-01-2014-15
SECTION 01200
MEASUREMENT AND PAYMENT
PART 1 GENERAL
1.1
SUMMARY
A.
Section includes:
1.
1.2
1.3
REFERENCES
A.
California Public Contract Code
B.
California Code of Civil Procedures
C.
California Government Code
SCOPE OF WORK
A.
1.4
The Contract Sum for performance of the Work under Contract Documents, or under any Bid
item, allowance, or Alternate, shall include full compensation for all labor, materials, taxes,
transport, handling, storage, supervision, administration, and all other items necessary for the
satisfactory completion of the Work, whether or not expressly specified or indicated.
DETERMINATION OF QUANTITIES
A.
1.5
Description of requirements and procedures for determining amount of Work performed
and for obtaining payment for Work performed.
Quantity of Work to be paid for under any item for which a unit price is fixed in Contract
Documents shall be, as determined by District, number of units of Work satisfactorily completed
in accordance with Contract Documents or as directed by District. Unless otherwise provided,
determination of number of units of Work so completed will be based, so far as practicable, on
actual measurement or count within prescribed or ordered limits, and no payment will be made for
Work done outside of limits. Unit Prices shall apply to Work covered by unit prices so long as
actual quantities performed on the Project are not less than 75 percent or greater than 125 percent
of the estimated quantities contained in Document 00400 (Bid Form) or otherwise referenced in
Section 01100 (Summary). If actual quantities exceed these parameters, then the unit price shall
be adjusted by an amount to reflect the Contractor’s incremental cost differential resulting from
increased or decreased economies of scale.
BASIS OF PAYMENT
A.
Unit Price Quantities: When estimated quantity for specific portions of Work is listed in Bid
Form, quantity of Work to be paid for shall be actual number of units satisfactorily completed, as
determined by District and certified by Contractor, in accordance with Contract Documents.
B.
Lump Sum: When estimated quantity for specific portion of Work is not indicated and Work is
designated as lump sum, payment will be on a lump sum basis for Work satisfactorily completed
in accordance with Contract Documents.
Price and Payment Procedures
01200- 1
Installation of Replacement
Heat Pumps at Two Schools
HVAC
Contract No. B-01-2014-15
1.6
C.
Allowances: Allowance items (if any) will be paid for as provided in Section 01100 (Summary).
Funds authorized for Allowance Work will not be released for Contract payments unless District
has authorized Allowance Work in writing. Unused allowance amounts at Contract completion
shall reduce the Contract price accordingly.
D.
District does not expressly, or by implication, agree, warrant, or represent in any manner, that
actual amount of Work will correspond with amount shown or estimated and reserves right to
increase or decrease amount of any class or portion of Work, to delete entire Bid item or items, or
to add work not originally included in Bid or Contract Documents, when in its judgment such
change is in best interest of District. No change in Work shall be considered a waiver of any other
condition of Contract Documents. No claim shall be made for anticipated profit, for loss of profit,
for damages, or for extra payment whatever, except as otherwise expressly provided for in
Contract Documents, because of any differences between amount of Work actually done and
estimated amount as set forth herein, or for elimination of Bid items.
E.
No payment shall be made for materials or equipment not yet incorporated into the Work, except
as expressly specified otherwise in Section 01100 (Summary).
PROGRESS PAYMENTS
A.
If requested by Contractor, progress payments will be made monthly.
B.
Schedule of Values:
1.
Within ten Days from issuance of Notice of Award and prior to the Contractor’s first
Application for Payment, Contractor shall submit a detailed breakdown of its Bid by
scheduled Work items and/or activities, including coordination responsibilities and
Project Record Documents responsibilities. Where more than one Subcontractor
comprises the work of a Work item or activity, the Schedule of Values shall show a
separate line item for each subcontract. Contractor shall furnish such breakdown of the
total Contract Sum by assigning dollar values (cost estimates) to each applicable Progress
Schedule network activity, which cumulative sum equals the total Contract Sum. This
breakdown shall be referred to as the Schedule of Values.
2.
Contractor’s overhead, profit, insurance, cost of bonds (except to the extent expressly
identified in a Bid item) and/or other financing, as well as “general conditions costs,”
(e.g., Site cleanup and maintenance, temporary roads and access, off-Site access roads,
temporary power and lighting, security, and the like), shall be prorated through all
activities so that the sum of all the Schedule of Values line items equals Contractor’s total
Contract Sum, less any allowances designated by District. Scheduling, record documents
and quality assurance control shall be separate line items.
3.
District will review the breakdown in conjunction with the Progress Schedule to ensure
that the dollar amounts of this Schedule of Values are, in fact, fair market cost allocations
for the Work items listed. Upon favorable review by District, District will accept this
Schedule of Values for use. District shall be the sole judge of fair market cost
allocations.
4.
District will reject any attempt to increase the cost of early activities, i.e., “front loading,”
resulting in a complete reallocation of moneys until such “front loading” is corrected.
Repeated attempts at “front loading” may result in suspension or termination of the Work
for default, or refusal to process progress payments until such time as the Schedule of
Values is acceptable to District.
Price and Payment Procedures
01200- 2
Installation of Replacement
Heat Pumps at Two Schools
HVAC
Contract No. B-01-2014-15
C.
Monthly Report Sheets and Applications for Payment: Contractor shall establish and maintain
records of cost of the Work in accordance with generally accepted accounting practices, reconcile
the amount of Work completed monthly with District, and sign District’s monthly report sheet
certifying to the Work done. Monthly report sheets shall be considered the true record of the Cost
of the Work and Contractor shall submit in a form acceptable to District an itemized cost
breakdown of Contractor’s record of Cost of the Work together with supporting data and any
certification required by District. In addition:
1.
On or before the sooner of (a) the 20th Day of each month and (b) receipt of District’s
approval of the updated Schedule as required by Section 01320 (Progress Schedules and
Reports), Contractor shall submit to District four copies of an Application for Payment
for the cost of the Work put in place during the period from the 15th Day of the previous
month to the 15th Day of the current month, along with one copy of the District-approved
updated Schedule. Such Applications for Payment shall be for the total value of activities
completed or partially completed, based upon Schedule of Values prices (or Bid item
prices if unit price) of all labor and materials incorporated in the Work up until midnight
of the last Day of that one month period, less the aggregate of previous payments.
Accumulated retainage shall be shown as separate item in payment summary. District
and Contractor will reconcile any differences in the field, based on the reconciled
monthly report sheets. If Contractor is late submitting its Application for Payment, that
Application may be processed at any time during the succeeding one-month period,
resulting in processing of Contractor’s Application for Payment being delayed for more
than a Day for Day basis.
District suggests the use of AIA Document G702, APPLICATION AND CERTFICATE
FOR PAYMENT with G703, CONTINUATION SHEET or something similar for
applications for payment. This form requires NOTORIZATION.
2.
No progress payment will be processed prior to District receiving all requested,
acceptable schedule update information. Failure to submit a schedule update complying
with Section 01320 (Progress Schedules and Reports), justifies denying the entire
Application for Payment.
3.
Each Application for Payment shall list each Change Order and Construction Change
Directive (“CCD”) executed prior to date of submission, including the Change
Order/CCD Number, and a description of the Work activities, consistent with the
descriptions of original Work activities. Contractor shall submit a monthly Change
Order/CCD status log to District.
4.
If District requires substantiating data, Contractor shall submit information requested by
District, with cover letter identifying Project, Application for Payment number and date,
and detailed list of enclosures. Contractor shall submit one copy of substantiating data
and cover letter for each copy of Application for Payment submitted.
5.
If Contractor fails or refuses to participate in monthly Work reconciliations or other
construction progress evaluation with District, Contractor shall not receive current
payment until Contractor has participated fully in providing construction progress
information and schedule update information to District.
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D.
E.
Progress Payments
1.
District will review Contractor’s Application for Payment following receipt. If
adjustments need to be made to percent of completion of each activity, District will make
appropriate notations and return to Contractor. Contractor shall revise and resubmit. All
parties shall update percentage of completion values in the same manner, i.e., express
value of an accumulated percentage of completion to date.
2.
If District determines that portions of the Application for Payment are not proper or not
due under the Contract Documents, then District may approve the other portions of the
Application for Payment, and in the case of disputed items or Defective Work not
remedied, may withhold up to 150 percent of the disputed amount from the progress
payment.
3.
Pursuant to California Public Contract Code §20104.50, if District fails to make any
progress payment within 30 Days after receipt of an undisputed and properly submitted
Application for Payment from Contractor, District shall pay interest to the Contractor
equivalent to the legal rates set forth in subdivision (a) of Section 685.010 of the
California Code of Civil Procedure. The 30-Day period shall be reduced by the number
of Days by which District exceeds the seven-Day return requirement set forth herein.
4.
As soon as practicable after approval of each Application for Payment for progress
payments, District will pay to Contractor in manner provided by law, an amount equal to
90 percent of the amounts otherwise due as provided in the Contract Documents, or a
lesser amount if so provided in Contract Documents, provided that payments may at any
time be withheld if, in judgment of District, Work is not proceeding in accordance with
Contract, or Contractor is not complying with requirements of Contract, or to comply
with stop notices or to offset liquidated damages accruing or expected.
5.
Before any progress payment or final payment is due or made, Contractor shall submit
satisfactory evidence that Contractor is not delinquent in payments to employees,
Subcontractors, suppliers, or creditors for labor and materials incorporated into Work.
This specifically includes, without limitation, conditional lien release forms for the
current progress payment and unconditional release forms for past progress payments.
This also includes copies of certified payroll from contractor and subcontractors for the
current payment period.
Compliance with SB 854
1.
No contractor or subcontractor may be listed on a bid proposal for a public works project
(submitted on or after March 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this
requirement for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public
works project (awarded on or after April 1, 2015) unless registered with the Department
of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
All contractors and subcontractors must furnish electronic certified payroll records
directly to the Labor Commissioner (aka Division of Labor Standards Enforcement).
Price and Payment Procedures
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2.
1.7
In accordance with subdivision (b) (1) of Section 1771.5 of the Labor Code, the
following notice is given: Contractor and any subcontractors are required to review and
comply with the provisions of the California Labor Code, Part 7, Chapter 1, beginning
with Section 1720, and the regulations of the Department of Industrial Relations
implementing those provisions. These statutory and regulatory provisions contain specific
requirements concerning the determination and payment of prevailing wages, retention,
inspection, and auditing of payroll records, use of apprentices, payment of overtime
compensation, securing of workers compensation insurance, and various criminal
penalties or fines which may be imposed for violations of the requirements of the chapter.
Submission of a bid constitutes Contractor’s representation that it has thoroughly
reviewed these requirements.
FINAL PAYMENT
A.
As soon as practicable after all required Work is completed in accordance with Contract
Documents, including punch list, testing, record documents and Contractor maintenance after
Final Acceptance, District will pay to Contractor, in manner provided by law, unpaid balance of
Contract Sum of Work (including, without limitation, retentions), or whole Contract Sum of Work
if no progress payment has been made, determined in accordance with terms of Contract
Documents, less sums as may be lawfully retained under any provisions of Contract Documents or
by law.
B.
Prior progress payments and change orders shall be subject to audit and correction in the final
payment. District’s determination of amount due as final payment shall be final and conclusive
evidence of amount of Work performed by Contractor under Contract Documents and shall be full
measure of compensation to be received by Contractor.
C.
Contractor and each assignee under an assignment in effect at time of final payment shall execute
and deliver at time of final payment, and as a condition precedent to final payment, Document
00650 (Agreement and Release of Any and All Claims).
PART 2 PRODUCTS – NOT USED
PART 3 EXECUTION – NOT USED
END OF SECTION
Price and Payment Procedures
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SECTION 01250
MODIFICATION PROCEDURE
PART 1 GENERAL
1.1
GENERAL
A.
Only Contractor or District may initiate changes in scope of Work or deviation from Contract
Documents.
1.
1.2
Contractor may initiate changes by submitting a Request for Information (RFI), Notice of
Concealed or Unknown Conditions, or Notice of Hazardous Waste Conditions.
a.
RFI’s shall be submitted to seek clarification of or request changes in the
Contract Documents.
b.
Notices of Concealed or Unknown Conditions shall be submitted in accordance
with Document 00700 (General Conditions).
c.
Notices of Hazardous Waste Conditions shall be submitted in accordance with
Document 00700 (General Conditions).
2.
District may initiate changes by issuing a Supplemental Instruction, which may revise,
add to or subtract from the Work.
3.
District may initiate changes in the Work or Contract Time by issuing RFP’s to
Contractor. Such RFP’s will detail all proposed changes in the Work and request a
quotation of changes in Contract Sum and Contract Time from Contractor.
4.
District may also, by Construction Change Directive (“CCD”), order changes in the Work
within the general scope of the Contract consisting of additions, deletions, or other
revisions, the Contract Sum and Contract Time being adjusted accordingly. A CCD shall
be used in the absence of total agreement on the terms of a Change Order and may, upon
notice, consist of a Change Order executed by District only.
PROCEDURES
A.
Cost Proposal and Procedures: Whenever Contractor is required in this Section 01250 to prepare
a Cost Proposal, and whenever Contractor is entitled to submit a Cost Proposal and elects to do so,
Contractor shall prepare and submit to District for consideration a Cost Proposal using the form
attached to this Section 01250. All Cost Proposals must contain a complete breakdown of actual,
current costs of credits, deducts, and extras; and itemizing materials, labor, taxes, overhead and
profit. All Subcontractor Work shall be so indicated. Individual entries on the Cost Proposal form
shall be determined as provided in this Section 01250. After receipt of a Cost Proposal with a
detailed breakdown, District will act promptly thereon.
1.
If District accepts a Cost Proposal, District will prepare Change Order for District and
Contractor signatures.
2.
If Cost Proposal is not acceptable to District because it does not agree with cost and/or
time included in Cost Proposal, District will submit in a response what it believes to be a
reasonable cost and/or adjustment, if any. Except as otherwise provided in this Section
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01250, Contractor shall have seven Days in which to respond to District with a revised
Cost Proposal.
3.
B.
C.
D.
When necessity to proceed with a change does not allow the District sufficient time to
conduct a proper check of a Cost Proposal (or revised Cost Proposal), District may order
Contractor to proceed on basis to be determined at earliest practical date. In this event,
value of change, with corresponding equitable adjustment to Contract, shall not be more
than increase or less than decrease proposed.
Request for Information: Whenever Contractor requires information regarding the Project or
Contract Documents, or receives a request for information from a Subcontractor, Contractor may
prepare and deliver an RFI to Gale and Associates. Contractor shall use RFI format provided by
District. Contractor must submit time critical RFI’s at least 30 Days before scheduled start date of
the affected Work activity. Contractor shall reference each RFI to an activity of Progress
Schedule and shall note time criticality of the RFI, indicating time within which a response is
required. Contractor’s failure to reference RFI to an activity on the Progress Schedule and note
time criticality on the RFI shall constitute Contractor’s waiver of any claim for time delay or
interruption to the Work resulting from any delay in responding to the RFI.
1.
Architect will respond within seven Days from receipt of RFI with a written response to
Contractor. Contractor shall distribute response to all appropriate Subcontractors.
2.
If Contractor is satisfied with the response and does not request a change in Contract Sum
or Contract Time, then the response shall be executed without a change.
3.
If Contractor believes the response is incomplete, Contractor shall issue another RFI
(with the same RFI number with the letter “A” indicating if it is a follow-up RFI) to
District clarifying original RFI. Additionally, Architect may return RFI requesting
additional information should original RFI be inadequate in describing condition.
5.
If Contractor believes that the response results in change in Contract Sum or Contract
Time, Contractor shall notify Architect in writing within seven Days after receiving the
response. If Architect disagrees with Contractor, then Contractor may give notice of
intent to submit a Claim as described in Article 12 of Document 00700 (General
Conditions), and submit its Claim within 30 Days. If Archtiect agrees with Contractor,
then Contractor must submit a Cost Proposal within 21 Days of receiving the response to
the RFI. Contractor’s failure to deliver either the foregoing notice and Claim or Cost
Proposal by the respective deadlines stated in the foregoing sentences shall result in
waiver of the right to file a Cost Proposal or Claim.
Supplemental Instruction: Architect may issue Supplemental Instruction to Contractor.
1.
If Contractor is satisfied with Supplemental Instruction and does not request a change in
Contract Sum or Contract Time, then Supplemental Instruction shall be executed without
a Change Order.
2.
If Contractor believes that Supplemental Instruction results in a change in Contract Sum
or Contract Time, then Contractor must submit a Cost Proposal to Architect within 21
Days of receiving the Supplemental Instruction.
Construction Change Directives: If at any time Architect believes in good faith that a timely
Change Order will not be agreed upon using the foregoing procedures, Architect may issue a CCD
with its recommended cost and/or time adjustment. Upon receipt of CCD, Contractor shall
promptly proceed with the change of Work involved and concurrently respond to Architect’s CCD
within 10 Days.
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1.
2.
Contractor’s response must be any one of following:
a.
Return CCD signed, thereby accepting Architect’s response, time, and cost.
b.
Submit a (revised if applicable) Cost Proposal with supporting documentation (if
applicable, reference original Cost Proposal number followed by letter A, B, etc.
for each revision), if Architect so requests.
c.
Give notice of intent to submit a Claim as described in Article 12 of Document
00700 (General Conditions), and submit its Claim within 30 Days.
If the CCD provides for an adjustment to the Contract Sum, the adjustment shall be based
on one of the following methods:
a.
Mutual acceptance of a lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation.
b.
Unit prices stated in the Contract Documents or subsequently agreed upon.
c.
Cost to be determined in a manner agreed.
3.
CCD signed by Contractor indicates the agreement of Contractor therewith, including
adjustment in Contract Sum and Contract Time or the method for determining them.
Such agreement shall be effective immediately and shall be recorded as a Change Order.
4.
If Contractor does not respond promptly or disagrees with the method for adjustment in
the Contract Sum, the method and the adjustment shall be determined by Architect on the
basis of reasonable expenditures and savings of those performing the Work attributable to
the change including, in case of an increase in the Contract Sum, a reasonable allowance
for overhead and profit. If the parties still do not agree on the price for a CCD,
Contractor may file a Claim per Article 12 of Document 00700 (General Conditions).
Contractor shall keep and present, in such form as Architect may prescribe, an itemized
accounting together with appropriate supporting data. Unless otherwise provided in the
Contract Documents, costs for the purposes of this paragraph shall be limited to those
provided in this Section 01250.
5.
Pending final determination of cost to District, amounts not in dispute may be included in
Applications for Payment. The amount of credit to be allowed by Contractor to District
for a deletion or change that results in a net decrease in the Contract Sum shall be actual
net cost as confirmed by Architect. When both additions and credits covering related
Work or substitutions are involved in a change, the allowance for overhead and profit
shall be figured on the basis of net increase, if any, with respect to that change.
E.
District Requested RFP: Contractor shall furnish a Cost Proposal within 21 Business Days of
Architect’s RFP. Upon approval of RFP, District will issue a Change Order directing Contractor
to proceed with extra Work. If the parties do not agree on the price for an RFP, District may either
issue a CCD or decide the issue per Article 12 of Document 00700 (General Conditions).
Contractor shall perform the changed Work notwithstanding any claims or disagreements of any
nature.
F.
Differing Site Conditions: Contractor shall submit Notices of Differing Site Conditions to
resolve problems regarding differing underground Site conditions encountered in the execution of
the Work pursuant to Paragraph 13.4 of Document 00700 (General Conditions), which shall
govern. If Architect determines that a change in Contract Sum or Contract Time is justified,
District will issue RFP or CCD.
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G.
1.3
Hazardous Waste Conditions: Contractor shall submit Notices of Hazardous Waste Conditions
to resolve problems regarding hazardous materials encountered in the execution of the Work
pursuant to Paragraph 13.5 of Document 00700 (General Conditions), which shall govern. If
District determines that a change in Contract Sum or Contract Time is justified, District will issue
RFP or CCD.
COST DETERMINATION
A.
Total cost of extra Work or of Work omitted shall be the sum of labor costs, material costs,
equipment rental costs, and specialist costs as defined herein plus overhead and profit as allowed
herein. This limit applies in all cases of claims for extra Work, whether calculating Cost
Proposals, Change Orders or CCD’s, or calculating claims of all types, and applies even in the
event of fault, negligence, strict liability, or tort claims of all kinds, including strict liability or
negligence. Contractor may recover no other costs arising out of or connected with the
performance of extra Work, of any nature. No special, incidental or consequential damages may
be claimed or recovered against District, its representatives or agents, whether arising from breach
of Contract, negligence, or strict liability, unless specifically authorized in the Contract
Documents.
B.
Overhead and Profit: (Overhead shall be as defined in this Section 01250)
C.
1.
Overhead and profit on labor for extra Work shall be 15 percent.
2.
Overhead and profit on materials for extra Work shall be 15 percent.
3.
Overhead and profit on equipment rental for extra Work shall be 10 percent.
4.
When extra Work is performed by a first tier Subcontractor, Contractor shall receive a 5
percent markup on Subcontractors’ total costs of extra Work. First tier Subcontractor’s
markup on its Work shall not exceed 15 percent.
5.
When extra Work is performed by a lower tier Subcontractor, Contractor shall receive a
total of 5 percent markup on the lower tier Subcontractors’ total costs of extra Work.
Contractor and first tier Subcontractors and lower tier Subcontractors shall divide the 10
percent markup as mutually agreed.
6.
Notwithstanding the foregoing, in no case shall the total markup on any extra Work
exceed 20 percent of the direct cost, notwithstanding the actual number of Contract tiers.
7.
On proposals covering both increases and decreases in Contract Sum, overhead, profit,
and commission shall be allowed on the net increase only as determined in this Section
01250. When the net difference is a deletion, no percentage for overhead profit and
commission shall be allowed, but rather a deduction shall apply.
8.
The markup shall include profit, small tools, cleanup, engineering, supervision,
warranties, cost of preparing the cost proposal, jobsite overhead, and home office
overhead. No markup will be allowed on taxes, insurance, and bonds.
Taxes:
1.
All State sales tax, use tax, and Santa Clara County and applicable City sales taxes shall
be included.
2.
Federal and Excise tax shall not be included.
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D.
E.
1.4
District-Operated Equipment: When owner-operated equipment is used to perform extra Work,
Contractor will be paid for operator as follows:
1.
Payment for equipment will be made in accordance with this Section 01250.
2.
Payment for cost of labor will be made at no more than rates of such labor established by
collective bargaining agreements for type of worker and location of Work, whether or not
owner-operator is actually covered by such an agreement.
Accord and Satisfaction: Every Change Order and accepted CCD shall constitute a full accord
and satisfaction, and release, of all Contractor (and if applicable, Subcontractor) claims for
additional time, money or other relief arising from or relating to the subject matter of the change
including, without limitation, impacts of all types, cumulative impacts, inefficiency, overtime,
delay, and any other type of claim. Contractor may elect to reserve its rights to disputed claims
arising from or relating to the changed Work at the time it signs a Change Order or approves a
CCD, but must do so expressly in a writing delivered concurrently with the executed Change
Order or approved CCD, and must also submit a Claim for the reserved disputed items pursuant to
Article 12 of Document 00700 (General Conditions) no later than 30 Days of Contractor’s first
written notice of its intent to reserve rights.
COST BREAKDOWN
A.
B.
C.
Labor: Contractor will be paid cost of labor for workers (including forepersons when authorized
by District) used in actual and direct performance of extra Work. Labor rate, whether employer is
Contractor, Subcontractor or other forces, will be sum of following:
1.
Actual Wages: Actual wages paid shall include any employer payments to or on behalf
of workers for health and welfare, pension, vacation, and similar purposes.
2.
Labor Surcharge: Payments imposed by local, county, state, and federal laws and
ordinances, and other payments made to, or on behalf of, workers, other than actual
wages as defined in Paragraph 1.4(A)(1) of this Section 01250, such as taxes and
insurance. Labor surcharge shall be and shall not exceed that set forth in California
Department of Transportation official labor surcharges schedule which is in effect on date
upon which extra Work is accomplished and which schedule is incorporated herein by
reference as though fully set forth herein.
Material: Only materials furnished by Contractor and necessarily used in performance of extra
Work will be paid for. Cost of such materials will be cost, including sales tax, to purchaser
(Contractor, Subcontractor or other forces) from supplier thereof, except as the following are
applicable:
1.
If cash or trade discount by actual supplier is offered or available to purchaser, it shall be
credited to District notwithstanding fact that such discount may not have been taken.
2.
For materials salvaged upon completion of extra Work, salvage value of materials shall
be deducted from cost, less discounts, of materials.
3.
If cost of a material is, in opinion of District, excessive, then cost of material shall be
deemed to be lowest current wholesale price at which material is available in quantities
concerned delivered to Site, less any discounts as provided in this Section 01250.
Equipment Rental: For Contractor- or Subcontractor-owned equipment, payment will be made at
rental rates listed for equipment in California Department of Transportation official equipment
rental rate schedule which is in effect on date upon which extra Work is accomplished and which
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schedule is incorporated herein by reference as though fully set forth herein. If there is no
applicable rate for an item of equipment, then payment shall be made for Contractor- or
Subcontractor-owned equipment at rental rate listed in the most recent edition of the Association
of Equipment Distributors (AED) book. For rented equipment, payment will be made based on
actual rental invoices. Equipment used on extra Work shall be of proper size and type. If,
however, equipment of unwarranted size or type and cost is used, cost of use of equipment shall be
calculated at rental rate for equipment of proper size and type, as determined by District. Rental
rates paid shall be deemed to cover cost of fuel, oil, lubrication, supplies, small tools, necessary
attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all
incidentals. Unless otherwise specified, manufacturer’s ratings, and manufacturer-approved
modifications, shall be used to classify equipment for determination of applicable rental rates.
Individual pieces of equipment or tools not listed in said publication and having a replacement
value of $100 or less, whether or not consumed by use, shall be considered to be small tools and
no payment will be made therefor as payment is included in payment for labor. Rental time will
not be allowed while equipment is inoperative due to breakdowns.
1.
2.
3.
C.
For equipment on Site, rental time to be paid for equipment shall be time equipment is in
operation on extra Work being performed or on standby as approved by District. The
following shall be used in computing rental time of equipment:
a.
When hourly rates are listed, less than 30 minutes of operation shall be
considered to be ½ hour of operation.
b.
When daily rates are listed, less than four hours of operation shall be considered
to be ½ Day of operation.
For equipment that must be brought to Site to be used exclusively on extra Work, cost of
transporting equipment to Site and its return to its original location shall be determined as
follows:
a.
District will pay for costs of loading and unloading equipment.
b.
Cost of transporting equipment in low bed trailers shall not exceed hourly rates
charged by established haulers.
c.
Cost of transporting equipment shall not exceed applicable minimum established
rates of California Public Utilities Commission.
d.
District will not make any payment for transporting and loading and unloading
equipment if equipment is used on Work in any other way than upon extra
Work.
Rental period may begin at time equipment is unloaded at Site of extra Work and
terminate at end of the performance of the extra Work or Day on which District directs
Contractor to discontinue use of equipment, whichever first occurs. Excluding Saturdays,
Sundays, and District’s legal holidays, unless equipment is used to perform extra Work
on such Days, rental time to be paid per Day shall be four hours for zero hours of
operation, six hours for four hours of operation and eight hours for eight hours of
operation, time being prorated between these parameters. Hours to be paid for equipment
that is operated less than eight hours due to breakdowns, shall not exceed eight less
number of hours equipment is inoperative due to breakdowns.
Work Performed by Special Forces or Other Special Services: When District and Contractor,
by agreement, determine that special service or item of extra Work cannot be performed by forces
of Contractor or those of any Subcontractors, service or extra Work item may be performed by
specialist. Invoices for service or item of extra Work on basis of current market price thereof may
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be accepted without complete itemization of labor, material, and equipment rental costs when it is
impracticable and not in accordance with established practice of special service industry to
provide complete itemization. In those instances wherein Contractor is required to perform extra
Work necessitating a fabrication or machining process in a fabrication or machine shop facility
away from Site, charges for that portion of extra Work performed in such facility may, by
agreement, be accepted as a specialist billing. District must be notified in advance of all off-Site
Work. In lieu of overhead and profit provided in Paragraph 1.3B of this Section 01250, 15 percent
will be added to specialist invoice price, after deduction of any cash or trade discount offered or
available, whether or not such discount may have been taken.
1.5
1.6
FORCE-ACCOUNT WORK
A.
If it is impracticable because of nature of Work, or for any other reason, to fix an increase or
decrease in price definitely in advance, the Contractor may be directed to proceed at a not-toexceed (NTE) maximum price which shall not under any circumstances be exceeded. Subject to
such limitation, such extra Work shall be paid for at actual necessary cost for Force-Account Work
or at the negotiated cost, as determined by District. The cost for Force-Account Work shall be
determined pursuant to this Section 01250.
B.
Force-Account Work shall be used when it is not possible or practical to price out the changed
Work prior to the start of that Work. In these cases, Force-Account Work will be utilized during
the pricing and negotiation phase of the change. Once negotiations have been concluded and a
bilateral agreement has been reached, the tracking of the Work under Force-Account is no longer
necessary. Force-Account Work shall also be used when negotiations between District and
Contractor have broken apart and a bilateral agreement on the value of the changed Work cannot
be reached. District may approve other uses of Force-Account Work.
D.
Whenever any Force-Account Work is in progress, definite price for which has not been agreed on
in advance, Contractor shall report to District each Business Day in writing in detail amount and
cost of labor and material used, and any other expense incurred in Force-Account Work on
preceding Day, by using the Cost Proposal form attached hereto. No claim for compensation for
Force-Account Work will be allowed unless report shall have been made.
E.
Whenever Force-Account Work is in progress, definite price for which has not been agreed on in
advance, Contractor shall report to District when 75 percent of the NTE amount has been
expended.
F.
Force-Account Work shall be paid as extra Work under this Section 01250. Methods of
determining payment for Work and materials provided in this Paragraph 1.5 shall not apply to
performance of Work or furnishings of material that, in judgment of District, may properly be
classified under items for which prices are otherwise established in Contract Documents.
DISTRICT-FURNISHED MATERIALS
A.
1.7
District reserves right to furnish materials as it deems advisable, and Contractor shall have no
claims for costs and overhead and profit on such materials.
OVERHEAD DEFINED
A.
The following constitutes charges that are deemed included in overhead for all Contract
Modifications, including Force-Account Work or CCD Work, whether incurred by Contractor,
Subcontractors, or suppliers, and Contractor shall not invoice or receive payment for these costs
separately:
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1.
Drawings: field drawings, Shop Drawings, etc., including submissions of drawings
2.
Routine field inspection of Work proposed
3.
4.
General Superintendence
General administration and preparation of cost proposals, schedule analysis, Change
Orders, and other supporting documentation as necessary
5.
Computer services
6.
Reproduction services
7.
Salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries
8.
Janitorial services
9.
Temporary on-Site facilities:
a.
b.
c.
d.
e.
f.
g.
1.8
Offices
Telephones
Plumbing
Electrical: Power, lighting
Platforms
Fencing, etc.
Water
10.
Home Office Overhead
11.
Insurance and Bond premiums
12.
Procurement and use of vehicles and fuel used coincidentally in Work otherwise included
in the Contract Documents
13.
Surveying
14.
Estimating
15.
Protection of Work
16.
Handling and disposal fees
17.
Final cleanup
18.
Other incidental Work
RECORDS AND CERTIFICATION
A.
Force-Account (cost reimbursement) charges shall be recorded daily and summarized in Cost
Proposal form attached hereto. Contractor or authorized representative shall complete and sign
form each Day. Contractor shall also provide with the form: the names and classifications of
workers and hours worked by each; an itemization of all materials used; a list by size, type, and
identification number of equipment and hours operated; and an indication of all Work performed
by specialists.
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B.
No payment for Force-Account Work shall be made until Contractor submits original invoices
substantiating materials and specialists charges.
C.
District shall have the right to audit all records in possession of Contractor relating to activities
covered by Contractor’s claims for Modification of Contract, including Force-Account Work and
CCD Work.
D.
Further, District will have right to audit, inspect, or copy all records maintained in connection with
this Contract, including financial records, bidding records, in possession of Contractor relating to
any transaction or activity occurring or arising out of, or by virtue of, the Contract. If Contractor
is a joint venture, right of District shall apply collaterally to same extent to records of joint venture
sponsor, and of each individual joint venture member. This right shall be specifically enforceable,
and any failure of Contractor to voluntarily comply shall be deemed an irrevocable waiver and
release of all claims then pending that were or could have been subject to the Article 12 of
Document 00700 (General Conditions).
PART 2 PRODUCTS – NOT USED
PART 3 EXECUTION – NOT USED
COST PROPO SAL FORM FO LLOW S ON N EXT PAG E
END OF SECTION
Modification Procedure
01250- 9
Installation of Replacement
Heat Pumps at Two Schools
HVAC
Contract No. B-01-2014-15
COST PROPOSAL (CP)
Installation of Replacement HVAC Heat Pumps at Two Schools
Contract Number B-01-2014-15
CP Number:
Date:
In Response To
RFP #, etc.
To: Berryessa Union School District
Attention: James Bakos, Director of Facilities and Maintenance
945 Piedmont Road
San Jose, CA 95132
Phone: (408) 923-1892
Subject Ref. No:
(for Project Manager use only)
Fax: (408) ___-_____
From: [Insert Contractor’s Name/Address]
This Cost Proposal is in response to the above-referenced ________ [insert RFP, etc. as applicable].
Brief description of change(s):
ITEM DESCRIPTION
PRIME
CONTRACTOR
SUB 1
SUB 2
SUB 3
SUB 4
TOTAL
MATERIAL
Direct Labor Cost
EQUIPMENT
Other
(Specify)
Overhead
Extended
TOTAL COST
Subcontractor’s Overhead &
Profit 15 percent
Contractor’s Overhead & Profit
15 percent
Overhead
&
Profit
to
Contractor for Subcontractor’s
Work 5 percent
(Percent of Total Cost above
not including any Overhead &
Profit)
GRAND TOTAL
REQUESTED CHANGE IN CONTRACT TIME (DAYS)
By Contractor:
Signature:
Modification Procedure
01250- 10
Date:
Installation of Replacement
Heat Pumps at Two Schools
HVAC
Contract No. B-01-2014-15
SECTION 01315
PROJECT MEETINGS
PART 1 GENERAL
1.1
PRECONSTRUCTION CONFERENCE
A.
Architect will call for and administer Preconstruction Conference at time and place to be announced
(usually the week prior to start of Work at the Site).
B.
Contractor, all major Subcontractors, and major suppliers shall attend Preconstruction Conference.
C.
Agenda will include, but not be limited to, the following items.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
D.
1.2
Schedules
Personnel and vehicle permit procedures
Use of premises
Location of the Contractor’s on-Site facilities
Security
Housekeeping
Submittal and RFI procedures
Inspection and testing procedures, on-Site and off-Site
Utility shutdown procedures
Control and reference point survey procedures
Injury and Illness Prevention Program
Contractor’s Initial Schedule
Contractor’s Schedule of Values
Contractor’s Schedule of Submittals
Jurisdictional agency requirements
Architect will distribute copies of minutes to attendees. Attendees shall have 7 Days to submit comments
or additions to minutes. Minutes will constitute final memorialization of results of Preconstruction
Conference.
WEEKLY PROGRESS MEETINGS
A.
District will schedule and administer weekly progress meetings throughout duration of Work. Progress
meetings will be held weekly unless otherwise directed by District.
1.
Meetings shall be held at the work site unless otherwise specified.
2.
Architect will prepare agenda and distribute it 3 Days in advance of meeting to Contractor.
3.
Participants with agenda items shall present them.
4.
Project Manager shall preside at the meetings.
5.
The Architect shall record and distribute the meeting minutes. Minutes shall be distributed by the
Architect to the Contractor within 5 business days after the meeting. Contractor shall distribute
the minutes to those affected by decisions made at meeting. Attendees shall have five business
days to submit comments or additions to the minutes. Minutes shall constitute final
memorialization of results of meeting.
Project Meetings
01315- 1
Installation of Replacement HVAC
Heat Pumps at Two Schools
Contract No. B-01-2014-15
1.3
B.
Progress meetings shall be attended by Contractor’s job superintendent, major Subcontractors and
suppliers, District, and others as appropriate to agenda topics for each meeting.
C.
Agenda will contain the following items, as appropriate:
1.
Review, revise as necessary, and approve previous meeting minutes
2.
Review of Work progress since last meeting
3.
Status of Construction Work Schedule, delivery schedules, adjustments
4.
Submittal, RFI, and Change Order status
5.
Review of the Contractor’s safety program activities and results, including report on all serious
injury and/or damage accidents
6.
Other items affecting progress of Work
PROGRESS SCHEDULE AND BILLING MEETINGS
A.
A meeting will be held on approximately the 20th of each month to review the schedule update submittal
and progress payment application.
1.
At this meeting, at a minimum, the following items will be reviewed:
a.
b.
c.
d.
e.
1.4
Percent complete of each activity;
Time impact evaluations for Change Orders and Time Extension Request;
Actual and anticipated activity sequence changes;
Actual and anticipated duration changes; and
Actual and anticipated Contractor delays.
2.
These meetings are considered a critical component of overall monthly schedule update submittal
and Contractor shall have appropriate personnel attend. At a minimum, Contractor’s General
Superintendent and Scheduler shall attend these meetings.
3.
Contractor shall plan on the meeting taking no less than four hours.
SAFETY MEETINGS
A.
Conduct monthly Contractor Safety Committee meetings.
B.
Conduct weekly toolbox safety talks.
PART 2 PRODUCTS – NOT USED
PART 3 EXECUTION – NOT USED
END OF SECTION
Project Meetings
01315- 2
Installation of Replacement HVAC
Heat Pumps at Two Schools
Contract No. B-01-2014-15
SECTION 01320
PROGRESS SCHEDULES AND REPORTS
PA RT 1 GENERAL
1.1
GENERAL
A. Progress Schedule shall be based on and incorporate Milestone and completion dates specified in Contract
Documents.
B. Overall time of completion and time of completion for each Milestone shown on Progress Schedule shall adhere
to times in Document 00520 (Agreement), unless an earlier (advanced) time of completion is requested by
Contractor and agreed to by District. A Change Order shall formalize any such agreement.
1.
District is not required to accept an earlier (advanced) schedule, i.e., one that shows early completion
date(s) for the Contract Time.
2.
Contractor is not entitled to extra compensation in the event agreement is reached on an earlier (advanced)
schedule and Contractor completes its Work, for whatever reason, beyond completion date shown in earlier
(advanced) schedule but within the Contract Time.
C. Failure of Progress Schedule to include any element of the Work or any inaccuracy in Progress Schedule will
not relieve Contractor from responsibility for accomplishing the Work in accordance with the Contract.
District’s acceptance of Schedule shall be for its use in monitoring and evaluating job progress, payment
requests, and time extension requests, and shall not, in any manner, impose a duty of care upon District, or act
to relieve Contractor of its responsibility for means and methods of construction.
1.2
INITIAL AND ORIGINAL PROGRESS SCHEDULE
A. Initial Schedule submitted for review at the Preconstruction Conference shall serve as Contractor’s schedule for
up to 30 Days after the Notice to Proceed.
B. Initial Schedule must indicate detailed plan for the Work to be completed in first 30 Days of the Contract;
details of planned mobilization of plant and equipment; sequence of early operations; and procurement of
materials and equipment. Show Work beyond 30 Days in summary form.
C. Contractor shall submit its Original Schedule for review no later than 15 days prior to submittal of the first
progress payment application. Original Schedule and all updates shall comply with all standards herein.
1.3
SCHEDULE FORMAT AND LEVEL OF DETAIL
A. Each Schedule (Initial, Original, and updates) shall indicate all separate fabrication, procurement and field
construction activities required for completion of the Work, including but not limited to the following:
1.
All Contractor, Subcontractor, and assigned Contractor Work shall be shown in a logical Work sequence
that demonstrates a coordinated plan of Work for all contractors. The intent is to provide a common basis
of acceptance, understanding, and communication, as well as interface with other contractors.
2.
Activities related to the delivery of Contractor- and District-furnished equipment to be Contractor-installed
per Contract shall be shown.
3.
All activities shall be identified through codes or other identification to indicate the building (i.e. buildings,
Site Work) and Contractor/Subcontractor responsibility to which they pertain.
4.
Break up the Work schedule into activities of durations of approximately 21 Days or less each, except for
non-field construction activities or as otherwise deemed acceptable by District.
Progress Schedules and Reports
01320- 1
Installation of Replacement HVAC Heat
Pumps at Two Schools
Contract No. B-01-2014-15
5.
Show the critical path in red. For each activity, show early start, late start, early finish, late finish,
durations measured in Days, Project Float, resources, predecessor and successor activities, planned
workday/week for the activity, manpower loading, and scheduled/actual progress payments.
B. Seasonal weather conditions (which do not constitute a delay as defined herein) shall be considered in the
planning and scheduling of all potential Work influenced by high or low ambient temperatures or presence of
high moisture for the completion of the Work within the allotted Contract Time.
C. Failure by Contractor to include any element of Work required for performance of the Work on the detailed
construction schedule shall not excuse Contractor from completing all Work required within the Contract Time.
D. A two-week “look ahead,” detailed daily bar chart schedule shall be updated and issued weekly.
E. Utilize computer-scheduling software, such as Microsoft Project software or approved equivalent, for all
scheduling including schedule updates.
1.4
MONTHLY SCHEDULE UPDATE SUBMITTALS
A. Following acceptance of Contractor’s Initial Schedule, contractor shall monitor progress of Work and adjust its
Schedule each month to reflect actual progress in blue and any anticipated changes to planned activities.
1.
Each Schedule update submitted shall be complete, including all information requested for the Initial
Schedule and Original Schedule submittal.
2.
Each update shall continue to show all Work activities including those already completed.
3.
Completed activities (shown in blue) shall accurately reflect “as built” information by indicating when
activities were actually started and completed, and Contractor warrants the accuracy of as-built information
as shown.
B. Updating, changing or revising of any report, curve, schedule or narrative submitted to District by Contractor
under this Contract, nor District’s review or acceptance of any such report, curve, schedule or narrative shall not
have the effect of amending or modifying, in any way, the Contract Substantial Completion date or Milestone
dates or of modifying or limiting, in any way, Contractor’s obligations under this Contract.
1.5
RECOVERY SCHEDULE
A. If a Schedule update shows a Substantial Completion date 21 Days beyond any Contract Substantial
Completion date, or individual Milestone completion dates, submit to District within seven days the proposed
revisions to recover the lost time. As part of this submittal, provide a written narrative for each revision made
to recapture the lost time. If the revisions include sequence changes, provide a schedule diagram comparing the
original sequence to the revised sequence of Work. If District reasonably requests, show the intended critical
path; secure appropriate Subcontractor and supplier consent to the recovery Schedule; submit a narrative
explaining trade flow and construction flow changes, duration changes, added/deleted activities, critical path
changes and identify all near critical paths and man-hour loading assumptions for major Subcontractors.
1.6
TIME IMPACT EVALUATION (“TIE”) FOR CHANGE ORDERS, TIME EXTENSIONS AND DELAYS
A. When Contractor requests a time extension for any reason, Contractor shall submit a TIE that includes both a
written narrative and a schedule diagram depicting how the changed Work or other impact affects other
schedule activities. The schedule diagram shall show how Contractor proposes to incorporate the changed Work
or other impact in the schedule, and how it impacts the current Schedule update critical path or otherwise.
Contractor is also responsible for requesting time extensions based on the TIE’s impact on the critical path. The
diagram shall be tied to the main sequence of scheduled activities to enable District to evaluate the impact of
changed Work to the scheduled critical path.
Progress Schedules and Reports
01320- 2
Installation of Replacement HVAC Heat
Pumps at Two Schools
Contract No. B-01-2014-15
B. Contractor shall comply with the requirements of paragraph 1.6A of this Section 01320 for all types of delays
such as, but not limited to, Contractor/Subcontractor delays, adverse weather delays, strikes, procurement
delays, fabrication delays, etc.
C. Contractor is responsible for all costs associated with the preparation of TIEs, and the process of incorporating
TIEs into the current schedule update. Provide District with four copies of each TIE.
1.7
DAILY REPORTS
A. Contractor shall provide daily construction reports showing personnel, trades, equipment and supervision on
site; weather; work started, completed and any impediments, problems or delays, for the workday. Also
required is a detail of subcontractors on site which includes number of workers and type of work performed.
Submit to District the following morning.
1.8
COST DATA
A. Contractor shall provide District with copies for each Day Contractor works on the Project, to be delivered to
District either the same Day or the following morning before starting Work at the Site. Contractor shall take
monthly progress photographs of all areas of the Work. Contractor shall maintain copies of all correspondence
with Subcontractors and records of meetings with Subcontractors.
PART 2 PRODUCTS – NOT USED
PART 3 EXECUTION – NOT USED
END OF SECTION
Progress Schedules and Reports
01320- 3
Installation of Replacement HVAC Heat
Pumps at Two Schools
Contract No. B-01-2014-15
SECTION 01330
SUBMITTAL PROCEDURES
PART 1 GENERAL
1.1
SUMMARY
A. Section Includes:
1.
Description of general requirements for Submittals for the Work:
a.
Procedures
b.
Quality Assurance Control Submittals
1)
2)
3)
4)
5)
1.2
Design Data
Test Reports
Certificates
Manufacturers’ Instructions
Material Safety Data Sheets
PROCEDURES
A. Submit at Contractor’s expense, all required Submittals in triplicate, including but not limited to, Schedule of
Shop Drawing and Sample Submittals, Safety Plans, Progress Schedule, Product Data, Shop Drawings,
Samples, Quality Assurance Control Data, and Project Record Documents required by the Contract Documents
to District for review and approval in accordance with accepted Schedule of Shop Drawings and Samples
Submittals. If no such schedule is agreed upon, then all Shop Drawings, Samples, and product data Submittals
shall be submitted within twenty-one (21) Days after receipt of Notice of Award from District.
B. Transmit each item with the appropriate Submittal transmittal form (attached to this Section 01330 as Exhibit
A). Where manufacturer’s standard drawings or data sheets are used, they shall be marked clearly to show
those portions of the data that are applicable to this Project. Inapplicable portions shall be marked out.
Organize Submittals by Specification Section. Submittals containing information about more than one
Specification Section will be returned for re-submittal. Submittals shall include all information requested by
each Specification Section. Incomplete Submittals will be returned not reviewed by District.
C. The data shown on the Submittals shall be complete with respect to quantities, dimensions, specified
performance and design criteria, materials, and similar data to show Architect the materials and equipment
Contractor proposes to provide and to enable Architect to review the information for the limited purposes
specified in this Section 01330. Submittals shall be identified clearly as to material, supplier, pertinent data
such as catalog numbers and the use for which it is intended and otherwise as Architect may require to enable
Architect to review the Submittal.
D. At the time of each submission, give Architect specific written notice of all variations, if any, that the Submittal
may have from the requirements of the Contract Documents, and the reasons therefore. This written notice
shall be in a written communication attached to the Submittal transmittal form. In addition, cause a specific
notation to be made on each Submittal submitted to District for review and approval of each such variation. If
Architect accepts deviation, Architect will note its acceptance on the returned Submittal transmittal form and, if
necessary, issue appropriate Contract Modification.
E. Submittal coordination and verification is the responsibility of Contractor; this responsibility shall not be
delegated in whole or in part to Subcontractors or suppliers. Before submitting each Submittal, review and
coordinate each Submittal with other Submittals and with the requirements of the Work and the Contract
Documents, and determine and verify:
Submittal Procedures
01330- 1
Installation of Replacement HVAC
Heat Pumps at Two Schools
Contract No. B-01-2014-15
1.
All field measurements, quantities, dimensions, specified performance criteria, installation requirements,
materials, catalog numbers, and similar information with respect thereto;
2.
All materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and
installation pertaining to the performance of the Work; and
3.
All information relative to Contractor’s sole responsibility for means, methods, techniques, sequences, and
procedures of construction and safety precautions and programs incident thereto.
F. Contractor’s submission to Architect of a Submittal shall constitute Contractor’s representation that it has
satisfied its obligations under the Contract Documents, and as set forth immediately above in this Paragraph 1.2
of this Section 01330, with respect to Contractor’s review and approval of that Submittal.
G. Designation of Work “by others,” if shown in Submittals, shall mean that Work will be responsibility of
Contractor rather than Subcontractor or supplier who has prepared Submittals.
H. After review by Architect of each Submittal, material will be returned to Contractor with actions defined as
follows:
1.
NO EXCEPTIONS TAKEN - Accepted subject to its compatibility with future Submittals and additional
partial Submittals for portions of the Work not covered in this Submittal. This does not constitute approval
or deletion of specified or required items not shown on the Submittal.
2.
MAKE CORRECTIONS NOTED (NO RESUBMISSIONS REQUIRED) - Same as item 1 above, except
that minor corrections as noted shall be made by Contractor.
3.
REVISE AS NOTED AND RESUBMIT - Rejected because of major inconsistencies or errors that shall be
resolved or corrected by Contractor prior to subsequent review by Architect.
4.
REJECTED - RESUBMIT - Submitted material does not conform to Drawings and/or Specifications in
major respect, i.e.: wrong size, model, capacity, or material.
I.
Contractor shall make a complete and acceptable Submittal at least by second submission. District reserves the
right to deduct monies from payments due Contractor to cover additional costs of review beyond the second
submission. Illegible Submittals will be rejected and returned to Contractor for resubmission. Contractor shall
be in breach of the Contract if Contractor’s first re-submittal, following a Submittal which Architect determines
falls within categories 3 or 4 above, does not fall within categories 1 or 2 above.
J.
Favorable review will not constitute acceptance by District of any responsibility for the accuracy, coordination,
or completeness of the Submittals. Accuracy, coordination, and completeness of Submittals shall be sole
responsibility of Contractor, including responsibility to back-check comments, corrections, and modifications
from District’s review before fabrication. Contractor, Subcontractors, or suppliers may prepare Submittals, but
Contractor shall ascertain that Submittals meet requirements of Contract Documents, while conforming to
structural space and access conditions at point of installation. Architect’s review will be only to assess if the
items covered by the Submittals will, after installation or incorporation in the Work, conform to the information
given in the Contract Documents and be compatible with the design concept of the completed Project as
indicated by the Contract Documents. Favorable review of Submittal, method of Work, or information
regarding materials and equipment Contractor proposes to furnish shall not relieve Contractor of responsibility
for errors therein and shall not be regarded as assumption of risks or liability by District, or any officer or
employee thereof, and Contractor shall have no claim under Contract Documents on account of failure or partial
failure or inefficiency or insufficiency of any plan or method of Work or material and equipment so accepted.
Favorable review shall be considered to mean merely that Architect has no objection to Contractor using, upon
Contractor’s own full responsibility, plan or method of Work proposed, or furnishing materials and equipment
proposed.
Submittal Procedures
01330- 2
Installation of Replacement HVAC
Heat Pumps at Two Schools
Contract No. B-01-2014-15
K. Unless otherwise specified, Architect’s review will not extend to the means, methods, techniques, sequences, or
procedures of construction or to safety precautions or programs incident thereto. The review and approval of a
separate item as such will not indicate approval of the assembly in which the item functions.
L. Contractor shall submit complete initial Submittal for those items where required by individual Specification
Sections. Complete Submittal shall contain sufficient data to demonstrate that items comply with
Specifications, shall meet minimum requirements for submissions cited in Specification Sections, shall include
motor data and seismic anchorage certifications, where required, and shall include necessary revisions required
for equipment other than first named. If Contractor submits incomplete initial Submittal when complete
Submittal is required, Submittal may be returned to Contractor without review.
M. Contractor shall copy, conform, and distribute reviewed Submittals in sufficient numbers for Contractor’s files,
Subcontractors, and vendors.
N. After Architect’s review of Submittal, Contractor shall revise as noted and resubmit as required. Contractor
shall identify changes made since previous Submittal.
1.
Contractor shall begin no fabrication or Work that requires Submittals until return of Submittals not
requiring re-submittal. Do not extrapolate from Submittals covering similar Work.
2.
Normally, Submittals will be processed and returned to Contractor within 21 Days of receipt.
O. Contractor shall distribute copies of reviewed Submittals to concerned persons. Contractor shall instruct
recipients to promptly report any inability to comply with provisions.
P. All Submittals shall be number-identified by Contractor, prior to submission to Architect, in accordance with
the following:
1.
Sequentially number each Submittal (i.e., “1”, “2”, “3”, etc.) as the basis for number identification of
Submittals.
2.
Affix the Submittal number under which each Submittal is made on every copy of each Shop Drawing,
Product Data, Sample, certification, etc.
3.
Number Installation, Operation, and Maintenance Manual with original root number of the favorably
reviewed Submittal for the item.
4.
If the Submittal is a re-submittal (including without limitation after an initial Submittal is rejected, returned
without review, or marked ‘Revise as Noted and Resubmit’), add the suffix designation “A” (i.e., a resubmittal of Submittal 1 would be numbered 1A). Subsequent re-submittals would be identified by the
Submittal number and sequential letters (i.e., “B”, “C”, “D”, etc.).
5.
All Submittals shall include all information requested by each Specification Section. No partial Submittals
will be accepted unless previously authorized by District. In the event a partial Submittal is authorized,
each subsequent different Submittal (as opposed to re-submittal) shall be given a new number.
Q. Submission Requirements:
1.
Deliver Submittals to Architect at least 30 Days before dates reviewed Submittals will be needed.
Submittal Procedures
01330- 3
Installation of Replacement HVAC
Heat Pumps at Two Schools
Contract No. B-01-2014-15
1.3
PROJECT RECORD DOCUMENTS
A. Submit Project Record Documents as required by Section 01780 (Project Record Documents).
1.4
SAFETY PLAN, ACCESS PLAN, FENCING PLAN
A.
Submit two (2) copies of Safety Plan, Access Plan and Fencing Plan specific to this Contract to the Architect
within five (5) calendar days after the Notice to Proceed. The access plan will show the contractor's proposal for
limiting site access. The fencing plan will show where fencing and other access inhibitors will be located in order
to protect open trenches and other hazardous areas.
B.
(1) copy of accepted Section 1.04.A Plans will be returned to the Contractor.
C.
No on-site work shall be started until Section 1.04.A Plans have been reviewed and accepted by Archtitect.
Acceptance of Section 1.04.A Plans shall not affect the Contractor’s responsibility for maintaining a safe
working place and instituting safety programs in connection with project.
PART 2 PRODUCTS – NOT USED
PART 3 EXECUTION – NOT USED
TRANSMITTAL AND MAINTENANCE SUMMARY FORM[S] FOLLOW THIS PAGE
END OF SECTION
Submittal Procedures
01330- 4
Installation of Replacement HVAC
Heat Pumps at Two Schools
Contract No. B-01-2014-15
EXHIBIT A
SUBMITTAL
TRANSMITTAL NO. _______
Project Name: Installation of Replacement HVAC Heat Pumps at Two Schools
Date Received:
District:
Checked By:
Berryessa Union School District
1376 Piedmont Road
San Jose, CA 95132
Contractor:
Address:
Log Page:
Address:
Specification Section
Number:
1st Submittal
Re-submittal


Attention:
Attention:
Date Transmitted:
Previous Transmittal Date:
No.
Copies
Description
Manufacturer
Dwg. or
Data No.
Action
Taken*
Remarks:
* The action designated above is in accordance with the following legend:
A – No Exceptions Taken
D – Rejected – Resubmit
B – Make Corrections Noted (No Resubmission
1. Not enough information for review
Required)
2. No reproducibles submitted
C. – Revise as Noted and Resubmit
3. Copies illegible
4. Not enough copies submitted
5. Wrong sequence number
6. Wrong re-submittal number
7. Wrong Specification section number
8. Wrong form used
9. See comments
Comments
By
Distribution:
Contractor 
File 
Field 
Submittal Procedures
01330- 5
Date
District 
Other 
Installation of Replacement HVAC
Heat Pumps at Two Schools
Contract No. B-01-2014-15
EXHIBIT B
MAINTENANCE SUMMARY
1.
EQUIPMENT ITEM:
2.
MANUFACTURER:
3.
MODEL NUMBER:
4.
SERIAL NO. (IF APPLICABLE):
5.
NAMEPLATE DATE (HP VOLTAGE, SPEED, ETC.):
6.
MANUFACTURER'S LOCAL REPRESENTATIVE
NAME:
ADDRESS:
TELEPHONE NUMBER:
7.
FAX NUMBER:
MAINTENANCE REQUIREMENTS:
MAINTENANCE OPERATION
List briefly each maintenance operation required and refer to specific information in manufacturer's standard maintenance
manual, if applicable. __________________________________________________________________________________
___________________________________________________________________________________________________
___________________________________________________________________________________________________
___________________________________________________________________________________________________
FREQUENCY
List required frequency of each maintenance operation. _______________________________________________________
___________________________________________________________________________________________________
___________________________________________________________________________________________________
___________________________________________________________________________________________________
LUBRICANT (IF APPLICABLE)
Refer by symbol to lubricant list as required. _______________________________________________________________
___________________________________________________________________________________________________
___________________________________________________________________________________________________
___________________________________________________________________________________________________
COMMENTS
___________________________________________________________________________________________________
___________________________________________________________________________________________________
___________________________________________________________________________________________________
8.
LUBRICANT LIST: REFERENCE SYMBOL
(A)
(B)
(C)
(D)
List symbols used. List equivalent lubricants as distributed and recommended by manufacturer’s representative listed in item
6 above.
___________________________________________________________________________________________________
___________________________________________________________________________________________________
9. SPARE PARTS:
Include your recommendations regarding what spare parts, if any, should be kept on the job.
___________________________________________________________________________________________________
___________________________________________________________________________________________________
Submittal Procedures
01330- 6
Installation of Replacement HVAC
Heat Pumps at Two Schools
Contract No. B-01-2014-15
SECTION 01410
REGULATORY REQUIREMENTS
PART 1 GENERAL
1.1
SUMMARY
A. Section includes: regulatory requirements applicable to Contract Documents.
B. Specific reference in the Specifications to codes and regulations or requirements of regulatory agencies shall
mean the latest printed edition of each adopted by the regulatory agency in effect at the time of the opening of
Bids, except as may be otherwise specifically stated in the Contract Documents.
C. Should any conditions develop not covered by the Contract Documents wherein the finished Work will not
comply with current codes, a Change Order detailing and specifying the required Work shall be submitted to
and approved by District before proceeding with the Work.
1.2
REFERENCES TO REGULATORY REQUIREMENTS
A. Contractor shall comply with all codes, laws, ordinances, rules and regulations applicable to the Work, which
shall have full force and effect as though printed in full in these Specifications. Code, laws, ordinances, rules
and regulations are not furnished to Contractor, because Contractor is assumed to be familiar with these
requirements.
1.
Work shall be accomplished in conformance with all applicable laws, ordinances, rules and regulations of
federal, state, and local governmental agencies and jurisdictions having authority over the Project.
2.
Work shall be accomplished in conformance with all rules and regulations of public utilities and utility
districts.
3.
Where such laws, ordinances rules, and regulations require more care or greater time to accomplish Work,
or require better quality, higher standards or greater size of products, Work shall be accomplished in
conformance to such requirements with no change to the Contract Time and Contract Sum, except where
changes in laws, ordinances, rules, and regulations occur subsequent to the time of opening of the Bids.
B. Change Orders and Claims. The California Public Contract Code (including but not limited to Section 7105
(d)(2)) and the California Government Code (Section 930.2 et. Seq.) apply to all contract procedures for
changes, time extensions, change orders (time and money), and claims. Any change, alteration, Modifications,
waiver, or omission to implement these procedures, shall have no legal effect unless approved in advance in a
fully executed Change Order approved in writing by District’s legal counsel.
1.3
PRECEDENCE
A. Where Drawings or Specifications require or describe products or execution of better quality, higher standard or
greater size than required by applicable codes, ordinances and standards, Drawings and Specifications shall take
precedence so long as such increase is legal.
B. Where no requirements are identified on Drawings or in Specifications, Contractor must comply with all
requirements of applicable codes, ordinances and standards of governing authorities having jurisdiction.
C. Conflicts between referenced regulatory requirements: Comply with the one establishing the more stringent
requirement.
D. Conflicts between referenced regulatory requirements and Contract Documents:
establishing the more stringent requirement.
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1.4
REQUIRED PROVISIONS ON CONTRACT CLAIM RESOLUTION
A. The California Public Contract Code specifies required provisions on resolving contract claims less than
$375,000, which are set forth below, and constitute a part of this Contract.
1.
For the purposes of this section, “Claim” means a separate demand by Contractor of $375,000 or less for
(1) a time extension, (2) payment or money or damages arising from Work done by or on behalf of
Contractor arising under the Contract Documents and payment of which is not otherwise expressly
provided for or the Claimant is not otherwise entitled to, or (3) an amount the payment of which is disputed
by District. In order to qualify as a Claim, the written demand must state that it is a Claim submitted under
paragraph 12 of Document 00700 (General Conditions) and be submitted in compliance with all
requirements of Document 00700 (General Conditions),
paragraph 12.
2.
A voucher, invoice, payment application, or other routine or authorized form of request for payment is not
a Claim for purposes of this section. If such request is disputed as to liability or amount, then the disputed
portion of the submission may be converted to a Claim under this section by submitting a separate claim in
compliance with Contract Documents claim submission requirements.
3.
Caution: This section does not apply to tort claims and nothing in this section is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by Chapter 1 and Chapter 2
of Part 3 of Division 3.6 of Title 1 of the California Government Code.
B. Procedure:
1.
The Claim must be in writing, submitted in compliance with all requirements of Document 00700 (General
Conditions), paragraph 12, including, but not limited to, the time prescribed by and including the
documents necessary to substantiate the Claim, pursuant to Document 00700 (General Conditions). Claims
must be filed on or before the day of final payment. Nothing in this section is intended to extend the time
limit or supersede notice requirements for the filing of claims as set forth in Document 00700 (General
Conditions), paragraph 12 or elsewhere in the Contract Documents.
2.
For Claims of fifty thousand dollars ($50,000) or less
a.
District shall respond in writing within 45 days of receipt of the Claim, or
b.
District may request in writing within 30 days of receipt of the Claim, any additional documentation
supporting the Claim or relating to any defenses or claims District may have against Claimant.
1) If additional information is thereafter required, it shall be requested and provided in accordance
with this section, upon mutual agreement of District and Claimant.
2) District’s written response to the Claim, as further documented, shall be submitted to Claimant
within 15 days after receipt of further documentation or within a period of time no greater than
taken by Claimant in producing the additional information, whichever is greater.
3.
For Claims over Fifty Thousand Dollars ($50,000) and less than or equal to $375,000:
a.
District shall respond in writing within 60 days of receipt of the Claim, or
b.
District may request in writing within 30 days of receipt of the Claim, any additional documentation
supporting the Claim or relating to any defenses or claims District may have against Claimant.
1) If additional information is thereafter required, it shall be requested and provided in accordance
with this section, upon mutual agreement of District and Claimant;
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2) District’s written response to the Claim, as further documented, shall be submitted to Claimant
within 30 days after receipt of further documentation or within a period of time no greater than
taken by Claimant in producing the additional information, whichever is greater.
4.
1.5
Meet and Confer:
a.
If Claimant disputes District’s written response, or District fails to respond within the time prescribed
above, Claimant shall notify District, in writing, either within 15 days of receipt of District’s response
or within 15 days of District’s failure to timely respond, and demand an informal conference to meet
and confer for settlement of the issues in dispute. Upon demand District will schedule a meet and
confer conference within 30 days for settlement of the dispute.
b.
Following the meet and confer conference, if the Claim or any portion remains in dispute, Claimant
may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing
with Section 910) of Part 3 of Division 3.6 of Title 1 of the California Government Code. For
purposes of those provisions, the running of the period of time within which a claim must be filed shall
be tolled from the time Claimant submits its written claim under Paragraph 1.4.B hereunder, until the
time that Claim is denied as a result of the meet and confer process, including any period of time
utilized by the meet and confer process.
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
A. Contractor acknowledges that, pursuant to the Americans with Disabilities Act (ADA), programs, services, and
other activities provided by a public entity to the public, whether directly or through a contractor, must be
accessible to the disabled public. Contractor shall provide the services specified in the Contract Documents in a
manner that complies with the ADA and any and all other applicable federal, state, and local disability rights
legislation. Contractor agrees not to discriminate against disabled persons in the provision of services, benefits,
or activities provided under this Agreement and further agrees that any violation of this prohibition on the part
of Contractor, its employees, agents, or assigns shall constitute a material breach of the Contract Documents.
1.6
SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION
A. In accordance with the provisions of California Public Contract Code Section 22300, substitution of securities
for any moneys withheld under Contract Documents to ensure performance is permitted under following
conditions:
1.
At request and expense of Contractor, securities listed in Section 16430 of the California Government
Code, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby
letters of credit, or any other security mutually agreed to by Contractor and District which are equivalent to
the amount withheld under retention provisions of Contract shall be deposited with Controller or with a
state or federally chartered bank in California, as the escrow agent, who shall then pay such moneys to
Contractor. Upon satisfactory completion of Contract, securities shall be returned to Contractor.
2.
Alternatively, Contractor may request and District shall make payment of retentions earned directly to the
escrow agent at the expense of Contractor. At the expense of Contractor, Contractor may direct the
investment of the payments into securities and receive the interest earned on the investments upon the same
terms provided for in this Section 01200 for securities deposited by Contractor. Upon satisfactory
completion of Contract Documents, Contractor shall receive from escrow agent all securities, interest, and
payments received by the escrow agent from District, pursuant to the terms of this Section 01200. Pay to
each Subcontractor, not later than 20 Days after receipt of the payment, the respective amount of interest
earned, net of costs attributed to retention withheld from each Subcontractor, on the amount of retention
withheld to insure the performance of Contractor.
3.
Contractor shall be beneficial owner of securities substituted for moneys withheld and shall receive any
interest thereon.
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1.7
4.
Enter into escrow agreement with Controller according to Document 00680 (Escrow Agreement for
Security Deposits in Lieu of Retention), as authorized under California Public Contract Code Section
22300, specifying amount of securities to be deposited, terms and conditions of conversion to cash in case
of default of Contractor, and termination of escrow upon completion of Contract Documents.
5.
California Public Contract Code Section 22300 is hereby incorporated in full by this reference.
COMPLIANCE WITH MONTOYA LAW
A.
In compliance with California Education Code Section 45125.1 (AB 1610), the following requirements apply to
all personnel supplied under this contract, including construction contractors, construction contractors' employees,
technical consultants, and their employees:
1.
2.
All consultants and contractors providing on site work or services who may have any contact with pupils,
must:
a.
Supply the District with a list of names of all employees, consultants, or subcontractors (hereafter,
"personnel") who may work on site and have any contact with pupils; and,
b.
Certify in writing that none of its personnel that may come into contact with pupils have been
convicted of any felony (as defined in California Education Code §45122.1) in any jurisdiction.
All consultants and/or contractors providing on site work or services whose personnel who may have more
than "limited contact" with pupils must submit to the United States Department of Justice:
a.
one completed fingerprint card for every individual that will work on site and have more than "limited
contact" with pupils;
b.
the appropriate Department of Justice form;
c.
a copy of the district contract; and
d.
a fee of $32 per individual (for expedited processing (17 working days), an additional $10).
B. If the Department of Justice ascertains that the individual has been convicted of a violent or serious felony (as
defined in California Education Code 45122.1, incorporating the definitions of California Penal Code 667.5(c)
and 1192.7(c)), then the school district and the contracting entity shall not permit that individual to come in
contact with pupils.
C. The cost of complying with AB 1610, including but not limited to the above procedure and supplying personnel
meeting the required standards, shall be included in the contract price.
D. For purpose of this section, the District shall have full discretion to make determinations of "limited contact"
with pupils. In exercising this discretion, per AB 1610, the District may consider the "totality of the
circumstances" including the following factors:
1.
Whether the personnel work in areas that are closed-off, semi-enclosed from, or in free contact with pupils;
and,
2.
The length of time the contractor is on the school grounds;
3.
Whether the personnel are working on or only near a school site; and
4.
Whether the personnel are working by themselves or with others.
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E. In compliance with AB 1610, all consultants and contractors shall observe the following protocol whenever
working on a school site in contact with pupils:
1.
Personnel shall avoid any and all contact with District pupils unless previously approved in writing by the
District.
2.
"Contact" includes: talking, touching, extended eye-contact, and physical proximity (within five yards).
3.
Personnel shall limit their presence on District grounds to areas strictly required for job performance.
4.
In those limited cases where physical proximity to pupils is required and the District has provided its
written approval of such limited contact, employees shall keep this contact to the minimum required for job
performance.
5.
If physical proximity with pupils occurs inadvertently for any duration, this contact shall be immediately
reported to a District faculty member.
6.
If any pupils' behavior obstructs employees' compliance with the above requirements, this behavior must be
reported to a District faculty member on the same day.
PART 2 PRODUCTS – NOT USED
PART 3 EXECUTION – NOT USED
END OF SECTION
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SECTION 01420
REFERENCES AND DEFINITIONS
PART 1 GENERAL
1.1
DEFINITIONS
A. Wherever any of the words or phrases defined below, or a pronoun used in place thereof, is used in any part of
the Contract Documents, it shall have the meaning here set forth. In the Contract Documents, the neuter gender
includes the feminine and masculine, and the singular number includes the plural.
B. While District has made an effort to identify all defined terms with initial caps, the following definitions shall
apply regardless of case unless the context otherwise requires:
1.
Addenda: Written or graphic instruments issued prior to the opening of Bids, which clarify, correct, or
change the bidding requirements or the Contract Documents. Addenda shall not include the minutes of the
Pre-Bid Conference and/or Site Visit.
2.
Agreement (Document 00520): Agreement is the basic Contract Document that binds the parties to
construction Work. Agreement defines relationships and obligations between District and Contractor and
by reference incorporates Conditions of Contract, Drawings, and Specifications and contains Addenda and
all Modifications subsequent to execution of Contract Documents.
3.
Alternate: Work added to or deducted from the base Bid, if accepted by District.
4.
Application for Payment: Written application for monthly or periodic progress or final payment made by
Contractor complying with the Contract Documents.
5.
Approved Equal: Approved in writing by District as being of equivalent quality, utility and appearance.
6.
Asbestos: Any material that contains more than one percent asbestos and is friable or is releasing asbestos
fibers into the air above current action levels established by OSHA or Cal/OSHA.
7.
Bid: The offer or proposal of the Bidder submitted on the prescribed form(s) setting forth the prices for the
Work to be performed.
8.
Bidder: One who submits a Bid.
9.
Bidding Documents: All documents comprising the Project Manual (including all documents and
Specification Sections listed in Document 00010 [Table of Contents]), including documents supplied for
bidding purposes only and Contract Documents.
10. Board: The Board of Trustees of the District.
11. Business Day: Any Day other than Saturday, Sunday, and the following days that have been designated as
holidays by District. If a holiday falls on a Saturday, the preceding Friday will be the holiday. If a holiday
falls on a Sunday, the following Monday will be the holiday.
a.
New Year’s Day, January 1;
b.
Martin Luther King Jr.’s Birthday, third Monday in January;
c.
Lincoln’s Birthday, February 12;
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d.
Presidents’ Day, third Monday in February;
e.
Memorial Day, last Monday in May;
f.
Independence Day, July 4;
g.
Labor Day, first Monday in September;
h.
Veterans’ Day, November 11;
i.
Thanksgiving Day, as designated by the President;
j.
The Day following Thanksgiving Day;
k.
Christmas Day, December 25; and
l.
Each day appointed by the Governor of California and formally recognized by the Santa Clara County
Board of Supervisors as a day of mourning, thanksgiving, or special observance.
12. Change Order: A written instrument prepared by District and signed by District and Contractor, stating
their agreement upon all of the following:
a.
a change in the Work;
b.
the amount of the adjustment in the Contract Sum, if any; and
c.
the amount of the adjustment in the Contract Time, if any.
13. Code Inspector:
regulations.
A local or state agency responsible for the enforcement of applicable codes and
14. Construction Change Directive (“CCD”): A written order prepared and signed by District, directing a
change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract
Time, or both.
15. Contract Conditions or Conditions of the Contract: Consists of two parts: General Conditions and
Supplementary Conditions.
a.
General Conditions are general clauses that are common to the District Contracts, including Document
00700 (General Conditions).
b.
Supplementary Conditions modify or supplement General Conditions to meet specific requirements for
these Contract Documents, including Document 00800 (Supplementary Conditions), 00806 (Labor
Compliance Program), and Document 00821 (Supplementary Conditions - Insurance).
16. Contract Documents and Contract: Contract Documents and Contract shall consist of the documents
identified as the Contract Documents in Document 00520 (Agreement), plus all changes, Addenda, and
Modifications thereto.
17. Contract Modification: Either:
a.
a written amendment to Contract signed by Contractor and District; or
b.
a Change Order; or
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c.
a Construction Change Directive; or
d.
a written directive for a minor change in the Work issued by District.
18. Contract Sum: The sum stated in the Agreement and, including authorized adjustments, the total amount
payable by District to Contractor for performance of the Work and the Contract Documents. The Contract
Sum is also sometimes referred to as the Contract Price or the Contract Amount.
19. Contract Time: The number or numbers of Days or the dates stated in the Agreement to achieve
Substantial Completion of the Work or designated Milestones; and/or to complete the Work so that it is
ready for final payment and is accepted.
20. Contractor: The person or entity identified as such in the Agreement and referred to throughout the
Contract Documents as if singular in number and neutral in gender. The term “Contractor” means the
Contractor or its authorized representative.
21. Contractor’s Employees: Persons engaged in execution of Work under Contract as direct employees of
Contractor, as Subcontractors, or as employees of Subcontractors.
22. Day: One calendar day of 24 hours measured from midnight to the next midnight, unless the word “day” is
specifically modified to the contrary.
23. Defective: An adjective which, when modifying the word “Work,” refers to Work that is unsatisfactory or
unsuited for the use intended, faulty, or deficient, that does not conform to the Contract Documents, or does
not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract
Documents (including but not limited to approval of Samples and “or equal” items), or has been damaged
prior to final payment (unless responsibility for the protection thereof has been assumed by District).
District is the judge of whether Work is Defective.
24. District: The Berryessa Union School District.
25. District-Furnished, Contractor-Installed: Items furnished by District at its cost for installation by
Contractor at its cost under Contract Documents.
26. District’s Representative(s): See Document 00520 (Agreement).
27. Division of State Architect: A division of the State of California providing, among other things, design
and construction oversight for Kindergarten through Twelfth grade schools and community colleges.
28. Drawings: The graphic and pictorial portions of Contract Documents, wherever located and whenever
issued, showing the design, location and dimensions of the Work, generally including plans, elevations,
sections, details, schedules, and diagrams.
29. Engineer: If used elsewhere in the Contract Documents, “Engineer” shall mean a person holding a valid
California State Architect or Engineer’s license representing the District in the administration of the
Contract Documents. Engineer may be an employee of or an independent consultant to District. When
Engineer is referred to within the Contract Documents and no Engineer shall be construed to include
employees of Engineer and/or employees that Engineer supervises. When the designated Engineer is an
employee of District, his or her authorized representatives on the Project will be included under the term
Engineer. If Engineer is an employee of District, Engineer is the beneficiary of all Contractor obligations
to District, including without limitation, all releases and indemnities.
30. Equal: Equal in opinion of District. Burden of proof of equality is responsibility of Contractor.
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31. Final Acceptance or Final Completion: District’s acceptance of the Work as satisfactorily completed in
accordance with Contract Documents. Requirements for Final Acceptance/Final Completion include, but
are not limited to:
a.
All systems having been tested and accepted as having met requirements of Contract Documents.
b.
All required instructions and training sessions having been given by Contractor.
c.
All Project Record Documents having been submitted by Contractor, reviewed by District, and
accepted by District.
d.
All punch list Work, as directed by District, having been completed by Contractor.
e.
Generally all Work, except Contractor maintenance after Final Acceptance/Final Completion, having
been completed to satisfaction of District.
32. Force Account: Work directed to be performed without prior agreement as to lump sum or unit price cost
thereof, and which is to be billed at cost for labor, materials, equipment, taxes, and other costs, plus a
specified percentage for overhead and profit.
33. Home Office Overhead: Home office overhead shall not be included as part of the cost of the Work, but
shall be part of Contractor’s profit and shall include, but is not limited to, the following: accounting
functions of Contractor’s main office; general expenses of Contractor’s main office; interest on capital; and
salaries of any home office estimators and administration.
34. Labor Compliance Program: Labor Code Section 1771.7 requires that if school districts use funds
derived from either the Kindergarten-University Public Education Facilities Bond Act of 2002 or the
Kindergarten-University Public Education Facilities Bond Act of 2004 for a public works project, that the
District shall initiate and enforce, or contract with a third party to initiate and enforce, a labor compliance
program (“LCP”), as described in subdivision (b) of Section 1771.5, with respect to that public works
project;
35. Milestone: A principal event specified in Contract Documents relating to an intermediate completion date
or time prior to Substantial Completion of all Work.
36. Modification: Same as Contract Modification.
37. Not in Contract: Work that is outside the scope of Work to be performed by Contractor under Contract
Documents.
38. Notice of Completion: Shall have the meaning provided in California Civil Code §3093, and any successor
statute.
39. Off Site: Outside geographical location of the Project.
40. Overhead: All on-site payroll costs, and fringe benefits of same, for supervising, estimating, expediting,
drafting and clerical services where directly affecting the cost of the Work; small tools (less than Five
Hundred Dollars ($500.00) capital cost per item); equipment maintenance and repairs; temporary
construction, utilities, and safety requirements, other than falsework, forming and necessary scaffolding;
transportation of materials other than direct identifiable cost of specific deliveries, or as included in the
price of material; parking fees for workmen; permit fees; cost of reproduction; and General Insurance and
Bonds.
41. Partial Utilization: Use by District of a substantially completed part of the Work for the purpose for which
it is intended (or a related purpose) prior to Substantial Completion of all of the Work.
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42. PCBs: Polyclorinated byphenyls.
43. Phase: A specified portion of the Work (if any) specifically identified as a Phase in Document 00520
(Agreement) or Document 01100 (Summary).
44. Product Data: That information (brochures, catalog sheets, manufacturer’s cut sheets, etc.) supplied by
vendors having technical and commercial characteristics of the supplied equipment or materials and
accompanying commercial terms such as warranties, instructions, and manuals.
45. Progress Report: A periodic report submitted by Contractor to District with progress payment invoices
accompanying progress schedule. See Document 00700 (General Conditions).
46. Project: Total construction of which Work performed under Contract Documents may be whole or part.
47. Project Manager: If used elsewhere in the Contract Documents, “Project Manager” shall mean a person
holding a valid California State Architect or Engineer’s license representing the District in the
administration of the Contract Documents. Project Manager may be an employee of or an independent
consultant to District. When Project Manager is referred to within the Contract Documents and no Project
Manager has in fact been designated, the matter shall be referred to District. The term Project Manager
shall be construed to include employees of Project Manager and/or employees that Project Manager
supervises. When the designated Project Manager is an employee of District, his or her authorized
representatives on the Project will be included under the term Project Manager. If Project Manager is an
employee of District Project Manager is the beneficiary of all Contractor obligations to District, including
without limitation, all releases and indemnities.
48. Project Manual: Project Manual consists of Bidding Requirements, Agreement, Bonds, Certificates,
Contract Conditions, Drawings, and Specifications.
49. Project Record Documents: All Project deliverables required under Sections 01700 et seq., including
without limitation, as-built drawings; Installation, Operation, and Maintenance Manuals; and Machine
Inventory Sheets.
50. Request for Information (“RFI”): A document prepared by Contractor requesting information regarding
the Project or Contract Documents. The RFI system is also a means for District to submit Contract
Document clarifications or supplements to Contractor.
51. Request for Proposals (“RFP”): A document issued by District to Contractor whereby District may
initiate changes in the Work or Contract Time as provided in Contract Documents.
52. Request for Substitution (“RFS”): A document prepared by Contractor requesting substitution of
materials as permitted and to the extent permitted in Contract Documents.
53. RFI-Reply: A document consisting of supplementary details, instructions, or information issued by District
that clarifies or supplements Contract Documents, and with which Contractor shall comply. RFI-Replies
do not constitute changes in Contract Sum or Contract Time except as otherwise agreed in writing by
District. RFI-Replies will be issued through the RFI administrative system.
54. Samples: Physical examples of materials, equipment, or workmanship that are representative of some
portion of the Work and which establish the standards by which such portion of the Work will be judged.
55. Shop Drawings: All drawings, diagrams, illustrations, schedules, and other data or information which are
specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some
portion of the Work.
56. Site: The particular geographical location of Work performed pursuant to Contract Documents.
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57. Specifications: The written portion of the Contract Documents consisting of requirements for materials,
equipment, construction systems, standards, and workmanship for the Work; performance of related
services; and are contained in Divisions 1 through 16 (or 17 if used.)
58. Subcontractor: A person or entity that has a direct contract with Contractor to perform a portion of the
Work at the Site. The term “Subcontractor” is referred to throughout the Contract Documents as if singular
in number and neutral in gender and means a Subcontractor or an authorized representative of the
Subcontractor. The term “Subcontractor” does not include a separate contractor or subcontractors of a
separate contractor.
59. Substantial Completion: The Work (or a specified part thereof) has progressed to the point where, in the
opinion of District as evidenced by a Certificate of Substantial Completion, the Work is sufficiently
complete, in accordance with Contract Documents, so that the Work (or specified part) can be utilized for
the purposes for which it is intended; or if no such certificate is issued, when the Work (or specified part) is
complete and ready for final payment as evidenced by written recommendation of District for final
payment. The terms “Substantially Complete” and “Substantially Completed” as applied to all or part of
the Work refer to Substantial Completion thereof.
60. Supplemental Instruction: A written directive from District to Contractor ordering alterations or
Modifications that do not result in change in Contract Sum or Contract Time, and do not substantially
change Drawings or Specifications.
61. Underground Facilities: All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or
other such facilities or attachments, and any encasements containing such facilities that have been installed
underground to furnish any of the following services or materials: Electricity, gases, chemicals, steam,
liquid petroleum products, telephone or other communications, cable television, sewage and drainage
removal, traffic or other control systems, or water.
62. Unit Price Work: Shall be the portions of the Work for which a unit price is provided in Document 00520
(Agreement) or Section 01100 (Summary).
63. Work: The entire completed construction, or the various separately identifiable parts thereof, required to
be furnished under the Contract Documents within the Contract Time. Work includes and is the result of
performing or furnishing labor and furnishing and incorporating materials and equipment into the
construction, and performing or furnishing services and furnishing documents, all as required by the
Contract Documents including everything shown in the Drawings and set forth in the Specifications.
Wherever the word “work” is used, rather than the word “Work,” it shall be understood to have its ordinary
and customary meaning.
C. The following terms are not necessarily identified with initial caps; however they shall have the meaning set
forth below:
1.
Wherever words “as directed,” “as required,” “as permitted,” or words of like effect are used, it shall be
understood that direction, requirements, or permission of District is intended. Words “sufficient,”
“necessary,” “proper,” and the like shall mean sufficient, necessary, or proper in judgment of District.
Words “approved,” “acceptable,” “satisfactory,” “favorably reviewed,” or words of like import, shall mean
approved by, or acceptable to, or satisfactory to, or favorably reviewed by District.
2.
Wherever the word “may” or “ought” is used, the action to which it refers is discretionary. Wherever the
word “shall” or “will” is used, the action to which it refers is mandatory.
3.
By District: Work that will be performed by District or its agents at the District’s expense.
4.
By Others: Work that is outside scope of Work to be performed by Contractor under this Contract, which
will be performed by District, other contractors, or other means.
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5.
Concealed: Work not exposed to view in the finished Work, including within or behind various
construction elements.
6.
Exposed: Work exposed to view in the finished Work, including behind louvers, grilles, registers and
various other construction elements.
7.
Furnish: Supply only, do not install.
8.
Indicated: Shown or noted on the Drawings.
9.
Install: Install or apply only, do not furnish.
10. Latent: Not apparent by reasonable inspection, including but not limited to, the inspections and research
required as a condition to bidding under Document 00700 (General Conditions).
11. Law: Unless otherwise limited, all applicable laws including without limitation all federal, state, and local
laws, statutes, standards, rules, regulations, ordinances, and judicial and administrative decisions.
12. Material: This word shall be construed to embrace machinery, manufactured articles, materials of
construction (fabricated or otherwise), and any other classes of material to be furnished in connection with
Contract, except where a more limited meaning is indicated by context.
13. Provide: Furnish and install.
14. Shown: As indicated on Drawings.
15. Specified: As written in Specifications.
16. Testing and special inspection agency: An independent entity engaged by District to inspect and/or test
the workmanship, materials, or manner of construction of buildings or portions of buildings, to determine if
such construction complies with the Contract Documents and applicable codes.
PART 2 PRODUCTS – NOT USED
PART 3 EXECUTION – NOT USED
END OF SECTION
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SECTION 01500
TEMPORARY FACILITIES AND CONTROLS
[Supplements Document 00700, Section 10.7.]
PART 1 GENERAL
1.1
SUMMARY
A. Section Includes:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
1.2
Temporary Electricity
Temporary Telephone
Temporary Water
Temporary Sanitary Facilities
Temporary Barriers and Enclosures
Tree and Plant Protection
Water Control
Noise Control
Traffic Control
Storm Water Pollution Prevention Plan
Removal of Temporary Facilities and Controls
DEFINITIONS
A. Dripline: The area on the ground from the trunk of any tree to the point directly below the outermost tips of the
foliage of that tree.
B. Root Protection Zone (RPZ): The areas enclosed with tree protection fencing as indicated. [may be combined
with some additional protection in Dripline]
C. Tree damage: Tree damage shall include, but not be limited to, the following: significant injury to the root
system or other parts of a tree including burning, application of toxic substances, damaging through contact
with equipment or machinery, changing the natural grade within the dripline, compacting the soil within the
dripline, interfering with the normal water requirements of the tree, unauthorized trenching or excavating within
the dripline, or unauthorized removal of more than 1/3 of the live wood, foliage, or roots.
1.3
SUBMITTALS
A. See Section 01330 (Submittal Procedures)
B. Tree Protection Plan
1.4
TEMPORARY ELECTRICITY
A. Contractor may make arrangements with District to use the 120-VAC convenience power receptacles if needed.
If voltages other than 120-VAC (or higher loads than the existing circuits can provide) are required, make
separate arrangements for such service with Pacific Gas and Electric Company.
B. Provide, maintain, and pay for electrical power at the Site for construction purposes.
Temporary Facilities and Controls
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Contract No. B-01-2014-15
1.5
TEMPORARY TELEPHONE
A. Provide, maintain, and pay for telephone service to field office at time of Project mobilization.
1.6
TEMPORARY WATER
A. Provide, maintain, and pay for suitable quality water service required for construction operations.
B. Contractor may use District-provided water for use on this Project. Contact District three Days prior to
commencement of Work to coordinate using District’s water. District will provide and install a backflow
prevention device and water meter if District determines it to be necessary. The water may be used for testing,
disinfecting, and flushing purposes. This water will only be available from 7:00 a.m. to 5:00 p.m. Mondays
through Thursdays (excluding holidays). Should District determine, in its sole discretion, that Contractor's use
of District’s water is excessive, District may terminate water delivery. No other District-provided water will be
made available to Contractor for this Project.
1.7
TEMPORARY SANITARY FACILITIES
A. Provide and maintain required temporary buildings with sanitary toilets for use of all workers.
B. Comply with all minimum requirements of the Health Department or other public agency having jurisdiction;
maintain in a sanitary condition at all times.
1.8
TEMPORARY BARRIERS AND ENCLOSURES
A. Provide barriers to prevent unauthorized entry to construction areas, to allow for District's use of Site, and to
protect existing facilities and adjacent properties from damage from construction operations.
B. Provide barricades required by governing authorities for public access to existing buildings.
C. Protect vehicular traffic, stored materials, Site, and structures from damage.
1.9
TREE AND PLANT PROTECTION
A. Root protection: No storage of materials or equipment will be allowed within the Dripline. Whenever possible,
excavation shall be on a radial line, diverging from the tree trunk.
B. Exposure to harmful substances: No storage or dumping of any substances that may be harmful to trees shall
occur at any location on the Site.
C. Where construction is to be performed in the vicinity of trees and shrubbery, the Work shall be carried on in a
manner that will cause minimum damage. District will designate trees that are to be removed. Under no
circumstances are additional trees to be removed without written permission from District. Trees and shrubbery
that are not to be removed shall be protected from injury or damage resulting from Contractor's operations.
D. All damage shall be immediately reported to District, who will file a report so that penalties may be determined.
E. Any tree that is removed without District's permission or is irreparably damaged, in the opinion of District, shall
cost Contractor $27.00 per square inch of cross section, measured at 4 ½ feet above ground, but not less than
$250.00, such cost to be deducted from monies due or to become due under the Contract. If tree protection is
not performed or is not performed adequately, and District determines that a tree has been irreparably damaged,
District will impose the same penalty as for unauthorized removal of a tree.
Temporary Facilities and Controls
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1.10
WATER CONTROL
A. See Section [02240 (Dewatering)] for information on water control.
B. Grade Site to drain.
C. Maintain excavations free of water.
D. Protect Site from puddling or running water.
E. Provide water barriers as required to protect Site from soil erosion.
1.11
NOISE CONTROL
A. When required by OSHA Standards, construction workers shall be provided with ear protection to operate
equipment.
B. Ensure to District that all construction equipment and vehicles used for the Work are equipped with properly
installed engine mufflers.
1.12
TRAFFIC CONTROL
A. Notification:
1.
One week prior to commencement of Work, notify residents along the Project roadways, in writing, that
traffic flows will be subject to detours and/or delays, and that access to individual driveways may be
disrupted during working hours. Provide District with a copy of the notice.
2.
At least one week prior to commencement of Work, post the Project area to inform drivers of impending
construction Work and likely delays and detours.
3.
Notify the property occupants, in writing, at least 3 Days in advance of the trenching across property
occupants’ driveways. Provide District with a copy of the notice.
4.
If any applicable permits require Contractor to notify residents or any organization of traffic detours or
delays, provide District a copy of all such notices.
B. Traffic Control Measures:
1.
Traffic control and safety precautions shall conform with the CalTrans “Manual of Traffic Safety Controls
for Construction and Maintenance Work Zones,” all provisions of the County of Santa Clara OR City of
San Jose encroachment permit, and with these Specifications.
2.
Pay for all costs for traffic signage, including flagging.
3.
Provide safe passage for vehicular and pedestrian traffic through the Work at all times.
4.
Traffic on two-lane streets may be reduced to one lane provided that, with all restriction of traffic flow,
flaggers, cones, signs, and barricades are furnished as required by District. Permit the traffic equal flow
time in each direction.
5.
Maintain access to public and private buildings, businesses and driveways. Provide approved metal
“bridge” or temporary backfill for access when and where required within ½ hour after request by District
except that emergency vehicles and personnel shall be provided immediate access at all times.
Restore access to all residences for all non-working hours, holidays, and weekends.
6.
Temporary Facilities and Controls
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Contract No. B-01-2014-15
C. Maintain traffic control measures:
1.
1.13
Maintain traffic control through the Site and provide local access as specified herein regardless of rain or
other causes, either within or beyond the control of Contractor, that may force suspension or delay of the
Work. At all times keep on the Site such materials, labor forces, and equipment as may be necessary to
keep the streets and driveways within the Site open to traffic and in good repair. Expedite the passage of
such traffic, using such labor forces and equipment as may be necessary.
STORM WATER POLLUTION PREVENTION PLAN
A. Prior to commencement of Work at the Site, provide District a Storm Water Pollution Prevention Plan (SWPPP)
prepared in accordance with NPDES General Permit No. CAS 000002 (Water Quality Order 99-08-DWQ)
issued by the State Water Resources Control Board.
B. Prepare the SWPPP in accordance with the requirements of Section A of the NPDES General Permit. Develop
and implement a monitoring program in accordance with requirements set forth in Section B of the NPDES
General Permit to verify compliance with the NPDES General Permit. Sections A and B [and C?] of the
District’s General Permit are included at the end of this Section 01500.
C. Submit SWPPP to District for review in accordance with Section 01330 (Submittal Procedures). The SWPPP
shall be provided to District prior to commencement of Work at the Site.
D. The SWPPP shall include a Site map. Geometric equations, notes, details, and all data not related to water
pollution control work shall be removed to improve clarity. A copy of the Drawings shall be used as a base
sheet with the pertinent stage of construction drawn in as an overlay to accurately reflect Site conditions at
various phases of construction.
E. Revise and update the SWPPP whenever there is a change in construction operations that may affect the Site
drainage patterns or discharge of pollutants to surface waters, ground waters, or a separate municipal storm
sewer system.
F. Failure to fully comply with the requirements of the NPDES General Permit shall subject Contractor to all fines,
damages, and job delays incurred due to failure to implement the SWPPP.
G. A copy of the NPDES General Permit, together with updates and revisions, shall be kept at the Site. Contractor
shall furnish copies of the SWPPP at the request of District.
1.14
REMOVAL OF TEMPORARY FACILITIES AND CONTROLS
A. Remove temporary utilities, equipment, facilities, and materials prior to final inspection.
B. Remove underground installations to a minimum depth of 2feet.
C. Clean and repair damage caused by installation or use of temporary Work.
D. Restore existing facilities used during construction to original condition. Restore permanent facilities used
during construction to specified condition.
PART 2 PRODUCTS – NOT USED
PART 3 EXECUTION – NOT USED
Temporary Facilities and Controls
01500- 4
Installation of Replacement HVAC Heat
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Contract No. B-01-2014-15
SECTION 01540
SITE SECURITY AND SAFETY
[Supplements Document 00700, Section 16.2.]
PART 1 GENERAL
1.1
SUBMITTALS
A. See Section 01330 (Submittal Procedures).
B. Safety Program.
C. Fire Protection Plan.
1.2
PROTECTION
A. Contractor shall continuously maintain protection as necessary to protect the Work, as a whole and in part, and
adjacent property and improvements from accidents, injuries or damage.
B. Contractor shall properly protect the Work:
1.
With lights, guard rails, temporary covers and barricades.
2.
Enclose excavations with proper barricades.
3.
Brace and secure all parts of the Work against storm and accident.
4.
Provide such additional forms of protection that may be necessary under existing circumstances.
C. Contractor shall provide and maintain in good condition all protective measures required to adequately protect
the public from hazards resulting from the Work and to exclude unauthorized persons from the Work. When
regulated by Building Code, Cal OSHA, or other authority, such legal requirements for protection shall be
considered as minimum requirements. Contractor shall be responsible for the protection in excess of such
minimum requirements as required.
1.3
CONTROL OF SITE
A. Contractor shall ensure that no alcohol, firearms, weapons, or controlled substance enters or is used at the Site.
Contractor shall immediately remove from the Site and terminate the employment of any employee found in
violation of this provision.
1.4
SAFETY PROGRAM
A. Prior to starting any Work at the Site, Contractor shall submit a Safety Program that has been reviewed and
approved by an Industrial Hygienist certified by the American Board of Industrial Hygiene or a Certified Safety
Professional. The Safety Program shall include the name, certification number, and certification seal of the
Industrial Hygienist or Certified Safety Professional. Contractor shall comply with the Safety Program and all
applicable federal, state, and local regulation codes, rules, law and ordinances.
B. Receipt and/or review of the Safety Program by District, Project Manager or District’s Representative shall not
relieve Contractor of any responsibility for complying with all applicable safety regulations.
C. It is essential that Contractor and each Subcontractor implement an effective and vigorous Safety and Health
Program to cover their respective portions of the Work. Subject to Contractor’s overall responsibility for
Project safety, it shall be understood that the full responsibility for providing a safe place to work with respect
to their respective portions of the Work rests with each individual Contractor and Subcontractor.
Site Security and Safety
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Installation of Replacement HVAC
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Contract No. B-01-2014-15
D. Safety Program components:
1.
Injury and Illness Prevention Program (IIPP): Conforming to the General Industrial Safety Orders (CCR
Title 8, Division 1, Chapter 4, Subchapter 7, Section 3203), and the California Labor Code (Section
6401.7).
2.
Site-Specific Safety and Health Plan (SSHP): Describing health and safety procedures that shall be
implemented during the Work in order to ensure safety of the public and those performing the Work.
Follow the guidelines for a SSHP listed in CCR Title 8, Division 1, Chapter 4, Subchapter 7, Section 5192,
Item (b)(4) f.
3.
Confined Space Program:
4.
a.
The Site contains permit- and non-permit-confined spaces. District will provide Contractor with any
available information regarding existing permit space hazards, entry operations, and safety information
relating to Work in the existing permit spaces as set forth in the General Industrial Safety Orders (CCR
Title 8, Division 1, Chapter 4, Subchapter 7, Section 5157).
b.
Permit space entry is allowed only through compliance with a permit space program meeting the
requirements of Section 5157 of the General Industrial Safety Orders. During entry operations, or at
the conclusion of entry operations, verbally notify District of the permit space program followed and of
any hazards confronted or created in permit spaces during entry operations.
Hazardous Waste Testing, Handling, Stockpiling, Transporting and Disposal Plan:
a.
See Section 02115 (Hazardous Materials Remediation).
E. The wearing of hard hats shall be mandatory at all times for personnel on Site. Contractor shall supply
sufficient hard hats to equip properly all employees and visitors.
F. Whenever an exposure exists, appropriate personal protective equipment (PPE) shall be used by all affected
personnel. Contractor shall supply PPE to all personnel under Contractor’s direction.
1.5
SAFETY REQUIREMENTS
A. Standards: Contractor shall maintain the Project in accordance with state and local safety and insurance
standards.
B. Hazards Control:
1.
Contractor shall store volatile wastes in covered metal containers and remove from premises daily.
2.
Contractor shall prevent accumulation of wastes that create hazardous conditions.
3.
Contractor shall provide adequate ventilation during use of volatile or noxious substances.
C. Contractor shall conduct cleaning and disposal operations to comply with local ordinances and anti-pollution
laws.
1.
Do not burn or bury rubbish or waste material on the Site.
2.
Do not dispose of volatile wastes such as mineral spirits, oil, or paint thinner in storm or sanitary drains.
3.
Do not dispose of wastes into streams or waterways.
Site Security and Safety
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Contract No. B-01-2014-15
D. Provide accident information on the forms provided by Contractor. This information shall be provided on the
same Day as the occurrence of said incident.
1.6
SITE SAFETY OFFICER
A. Designate one of Contractor’s staff as “Site Safety Officer” whose duties shall include the responsibility for
enforcing the environmental protection provisions of the Contract Documents including safety and health, the
requirements of the Occupational Safety and Health Act, and other applicable federal, state and local standards.
Submit for review by District Contractor’s intended traffic flow plan, security plan, program for temporary
structures, housecleaning plan, demolition program, and environmental safety and health plan. After review by
District, the implementation and enforcement of these plans shall become the responsibility of the Site Safety
Officer. Any changes in the plans shall be requested by Contractor through the Site Safety Officer for written
concurrence by District.
B. District’s risk management representative(s) shall be allowed access to accident/injury and illness reports,
inspection reports, scheduling and construction meetings, and safety meetings.
1.7
FIRE PROTECTION PLAN
A. Prior to starting any Work at the Site, Contractor shall submit one copy of a fire protection plan that has been
reviewed and approved by the San Jose Fire Protection District. It is recommended that the plan include, but
not be limited to, a discussion of the following items:
1.
Equipment spark arresters
2.
Fire-extinguishing equipment on hand
3.
Method of operation in case of fire
4.
Notification to authorities of any fire
5.
Access available during performance of Work
6.
Educating workers of fire protection plan
7.
Storage protection for flammable materials
8.
Ventilation and illumination equipment
PART 2 PRODUCTS - NOT USED
PART 3 EXECUTION - NOT USED
END OF SECTION
Site Security and Safety
01540- 3
Installation of Replacement HVAC
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Contract No. B-01-2014-15
SECTION 01600
Product Requirements
Supplements document 00700, Section 13.12.
PART 1 GENERAL
1.1
SECTION INCLUDES
A.
B.
C.
D.
1.2
Products
Product Options and Substitutions
Product Delivery Requirements
Product Storage and Handling
PRODUCTS
A. Products: New material, machinery, components, equipment, fixtures, and systems forming the Work. Does
not include machinery and equipment used for preparation, fabrication, conveying, and erection of the Work.
Products may also include existing materials or components required for reuse.
B. Do not use materials and equipment removed from existing premises, except as specifically permitted by the
Contract Documents.
C. For similar components, provide interchangeable components of the same manufacturer.
1.3
PRODUCT OPTIONS AND SUBSTITUTIONS
A. Summary:
1.
This Paragraph 1.3 describes procedures for selecting products and requesting substitutions of unlisted
materials in lieu of materials named in the Specifications or approved for use in Addenda that were not
already the subject of a Document 00660 (Substitution Request Form) submittal as provided in Document
00200 (Instructions to Bidders).
B. Contractor’s Options:
1.
For products specified only by reference standard: Select any product meeting that standard.
2.
For products specified by naming one or more products or manufacturers:
a.
Select products of any named manufacturer meeting Specifications.
b.
If product becomes unavailable due to no fault of Contractor, submit Request for Substitution (RFS),
including all information contained in this Section 01600 and a fully executed Document 00660
(Substitution Request Form), but using the term ”Contractor” each place the term ”Bidder” appears in
that form.
Product Requirements
01600- 1
Installation of Replacement HVAC
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Contract No. B-01-2014-15
C. Substitutions:
1.
Except as provided in Document 00200 (Instructions to Bidders) with respect to “or Approved Equal”
items, District will consider Contractor’s substitution requests only when product becomes unavailable due
to no fault of Contractor or if the product specified no longer complies with local regulations or laws.
Requests for review of proposed substitute items will not be accepted from anyone other than Contractor.
The RFS shall state the extent, if any, to which the evaluation and acceptance of the proposed substitute
will prejudice Contractor’s achievement of Substantial Completion on time, and whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract Documents (or in the
provisions of any other direct contract with District for work on the Project).
2.
Submit separate RFS (and four copies) for each product and support each request with:
a.
b.
c.
d.
e.
f.
Product identification.
Manufacturer’s literature.
Samples, as applicable.
Name and address of similar projects on which product has been used, and dates of installation.
Name, address, and telephone number of manufacturer’s representative or sales engineer.
For construction methods: Detailed description of proposed method; drawings illustrating methods.
3.
Where required, itemize a comparison of the proposed substitution with product specified and list
significant variations including, but not limited to dimensions, weights, service requirements, and
functional differences. If variation from product specified is not pointed out in submittal, variation will be
rejected even though submittal was favorably reviewed. Identify all variations of the proposed substitute
from that specified in the RFS and indicate available maintenance, repair, and replacement service.
4.
State whether the substitute will require a change in any of the Contract Documents (or provisions of any
other direct contract with District for work on the Project) to adapt the design of the proposed substitute,
and whether or not incorporation or use of the substitute in connection with Work is subject to payment of
any license fee or royalty. Submit data relating to changes in construction schedule.
5.
Include accurate cost data comparing proposed substitution with product and amount of net change in
Contract Sum including, but not limited to, an itemized estimate of all costs or credits that will result
directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other
contractors affected by the resulting change, all of which will be considered by District in evaluating the
proposed substitute. District may require Contractor to furnish additional data about the proposed
substitute.
6.
District will not consider substitutions for acceptance (or, in District’s sole discretion, District may make
Contractor solely responsible for all resulting costs, expenses and other consequences) when a substitution:
a.
b.
c.
d.
e.
Results in delay meeting construction Milestones or completion dates.
Is indicated or implied on submittals without formal request from Contractor.
Is requested directly by Subcontractor or supplier.
Acceptance will require substantial revision of Contract Documents.
Disrupts Contractor’s job rhythm or ability to perform efficiently.
7.
Substitute products shall not be ordered without written acceptance of District.
8.
District will determine acceptability of proposed substitutions and reserve right to reject proposals due to
insufficient information.
9.
Accepted substitutions will be evidenced by a Change Order or a CCD.
requirements apply to Work involving substitutions.
All Contract Document
Product Requirements
01600- 2
Installation of Replacement HVAC
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Contract No. B-01-2014-15
D. Contractor’s Representation and Warranty:
1.
Contractor’s RFS constitutes a representation and warranty that Contractor:
a.
Has investigated proposed product and determined that it meets or exceeds, in all respects, specified
product.
b.
Will provide the same warranty for substitution as for specified product.
c.
Will coordinate installation and make other changes that may be required for Work to be complete in
all respects.
d.
Waives claims for additional costs which may subsequently become apparent.
e.
Will compensate District for additional redesign costs associated with substitution.
f.
Will be responsible for Construction Schedule slippage due to substitution.
g.
Will be responsible for Construction Schedule delay due to late ordering of available specified
products caused by requests for substitution that are subsequently rejected by District.
h.
Will compensate District for all costs; including extra costs of performing Work under Contract
Documents, extra cost to other contractors, and any claims brought against District, caused by late
requests for substitutions or late ordering of products.
E. District’s Duties:
1.
Review Contractor’s RFS with reasonable promptness.
2.
Notify Contractor in writing of decision to accept or reject requested substitution.
F. Administrative Requirements:
1.
1.4
Specified products, materials, or systems for Project may include engineering or on-file standards required
by the regulatory agency. Contractor’s substitution of products, materials or systems may require
additional engineering, testing, reviews, approvals, assurances, or other information for compliance with
regulatory agency requirements or both. Provide all agency approvals or other additional information
required and pay additional costs for required District services made necessary by the substitution at no
increase in Contract Sum or Contract Time, and as a part of substitution proposal.
PRODUCT DELIVERY REQUIREMENTS
A. Deliver products in accordance with manufacturer's instructions.
B. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and
products are undamaged.
1.5
PRODUCT STORAGE AND HANDLING
A. Store products only in staging area per provisions of Section 01100 (Summary).
B. Handle, store, and protect products in accordance with manufacturer's instructions, with seals and labels intact
and legible. Store sensitive products in weather-tight, climate-controlled enclosures.
Product Requirements
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Contract No. B-01-2014-15
C. For exterior storage of fabricated products, place on appropriate supports, above ground.
D. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to avoid
condensation.
E. Store loose granular materials on solid flat surfaces in a well-drained area.
F. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage.
G. Arrange storage of products to permit access for inspection. Periodically inspect to assure products are
undamaged and are maintained under specified conditions.
PART 2 PRODUCTS - NOT USED
PART 3 EXECUTION - NOT USED
END OF SECTION
Product Requirements
01600- 4
Installation of Replacement HVAC
Heat Pumps at Two Schools
Contract No. B-01-2014-15
SECTION 01740
SUPPLEMENTS DOCUMENT 00700
CLEANING
PART 1 GENERAL
1.1
SECTION INCLUDES
A. Progress Cleaning
B. Final Cleaning
1.2
PROGRESS CLEANING
A. Contractor shall perform periodic cleaning to ensure that any streets and other District and public properties are
maintained free from accumulation of waste materials, dust, mud, and debris.
B. Where required, Contractor shall wet down surfaces to lay dust and prevent the blowing of dust to nearby
residences or public properties.
C. Contractor shall keep all paved roads clean and free of dust, mud, and debris resulting from Contractor’s
operations. Daily cleanup throughout the job will be necessary as Contractor progresses with its Work, but
extra attention to cleanup shall be made prior to weekends and holidays. Without limiting the foregoing,
Contractor shall remove trench spoil along traveled ways daily; grade and vacuum broom surfaces initially
where applicable and later water flush with high-pressure sprays, being careful to avoid downstream
contamination.
D. All dust, mud, spoils, and construction debris shall be removed daily from all roadways, ditches, shoulders, and
private property (fills or spoils placed on private property at private property owner's written request excepted).
E. Disposal of Materials:
1.
All waste materials, debris, and rubbish shall be disposed of at sites to be chosen by Contractor in
accordance with applicable local, state, and federal regulations.
2.
Contractor is cautioned that the City and County of Los Angeles within the county have regulations
governing the disposal of rubble, broken pavement, and similar materials.
3.
Become familiarized with the requirements of the agency having jurisdiction over any contemplated
disposal site and shall comply with all such requirements.
F. All excess soil from performance of Work shall be disposed at sites to be chosen by Contractor in accordance
with applicable local, state, and federal regulations. If Contractor elects to dispose of soil on any private
property, prior to any dumping, a letter allowing such dumping shall be obtained from the property owner and
presented to District. Contractor is advised that the property owner is required to obtain a fill permit from
PRMD. In addition, placement of fill in wetland areas is subject to permit procedures of the US Army Corps of
Engineers. At the completion of Work, a letter from each affected property owner will be required releasing
Contractor, District, and any District consultant from future liability.
G. If Contractor does not properly clean the Site, in the opinion of District, then District shall have the option of
using outside equipment to perform the cleanup and such cost will be withheld from the Contract Sum.
Cleaning
01740- 1
HVAC Replacement at Cherrywood
Elementary School
Contract No. B-01-2014-15
1.3
FINAL CLEANING
A. Contractor shall execute final cleaning prior to final inspection, using only properly skilled workers.
B. Remove grease, dust, dirt, stains, labels, fingerprints, and other foreign materials from exposed interior and
exterior finished surfaces.
C. Repair, patch, and touch up marred surfaces to match adjacent finishes.
D. Clean interior and exterior surfaces exposed to view: remove temporary labels, stains and foreign substances,
polish transparent and glossy surfaces, vacuum carpeted and soft surfaces.
E. Clean equipment and fixtures to a sanitary condition, clean or replace filters of mechanical equipment operated
during construction, clean ducts, blowers and coils of units operated without filters during construction.
F. Clean Site.
G. Mechanically sweep paved areas.
H. Remove waste and surplus materials, rubbish, and construction facilities from Site.
PART 2 PRODUCTS – NOT USED
PART 3 EXECUTION – NOT USED
END OF SECTION
Cleaning
01740- 2
HVAC Replacement at Cherrywood
Elementary School
Contract No. B-01-2014-15
SECTION 01770
CONTRACT CLOSEOUT
PART 1 GENERAL
1.1
SUMMARY
A. Section Includes:
1.
Description of Contract closeout procedures including:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
1.2
Removal of Temporary Construction Facilities
Substantial Completion
Final Completion
Project Record Documents
Project Guarantee
Warranties
Turn-In
Release of Claims
Fire Inspection Coordination
Building Inspection Coordination
REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES
A. Remove temporary materials, equipment, services, and construction prior to Substantial Completion inspection.
B. Clean and repair damage caused by installation or use of temporary facilities.
C. Restore permanent facilities used during construction to specified condition.
D. Comply with Paragraph 1.15 of Section 01500 (Temporary Facilities and Controls).
1.3
SUBSTANTIAL COMPLETION
A. When Contractor considers Work or designated portion of the Work as Substantially Complete, submit written
notice to District, with list of items remaining to be completed or corrected.
B. Within reasonable time, District will inspect to determine status of completion.
C. Should District determine that Work is not Substantially Complete, District will promptly notify Contractor in
writing, listing all defects and omissions.
D. Remedy deficiencies and send a second written notice of Substantial Completion. District will re-inspect the
Work. If deficiencies previously noted are not corrected on re-inspection, then pay the cost of the re-inspection.
E. When District concurs that Work is Substantially Complete, District will issue a Certificate of Substantial
Completion, accompanied by Contractor’s list of items to be completed or corrected as verified by District.
F. Manufactured units, equipment and systems that require startup must have been started up and run for periods
prescribed by District before a Certificate of Substantial Completion will be issued.
G. A punch list examination will be performed upon Substantial Completion. One follow-up review of punch list
items for each discipline will be provided. If further Site visits are required to review punch list items due to
Contract Closeout
01770- 1
Installation of Replacement HVAC Heat
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Contract No. B-01-2014-15
incompleteness of the Work by Contractor, Contractor will reimburse District for costs associated with these
visits.
1.4
FINAL COMPLETION
A. Final Completion occurs when Work meets requirements for District’s Final Acceptance. When Contractor
considers Work is Finally Complete, submit written certification that:
1.
Contractor has inspected Work for compliance with Contract Documents, and all requirements for Final
Acceptance have been met.
2.
Except for Contractor maintenance after Final Acceptance, Work has been completed in accordance with
Contract Documents and deficiencies listed with Certificate of Substantial Completion have been corrected.
Equipment and systems have been tested in the presence of District, and are operative.
3.
Work is complete and ready for final inspection.
B. In addition to submittals required by Contract Documents, provide submittals required by governing authorities
and submit final statement of accounting giving total adjusted Contract Sum, previous payments, and sum
remaining due.
C. When District finds Work is acceptable and final closeout submittals are complete, District will issue final
Change Order reflecting approved adjustments to Contract Sum not previously made by Change Order. Should
District determine that Work is incomplete or Defective:
1.
District promptly will so notify Contractor, in writing, listing the incomplete or Defective items.
2.
Promptly remedy the deficiencies and notify the District when it is ready for re-inspection.
3.
When District determines that the Work is acceptable under the Contract Documents, District will request
Contractor to make closeout submittals.
D. Final adjustments of accounts:
1.5
1.
Submit a final statement of accounting to District, showing all adjustments to the Contract Sum and
complete and execute Document 00650 (Agreement and Release of Any and All Claims).
2.
If so required, District shall prepare a final Change Order for submittal to Contractor, showing adjustments
to the Contract Sum that were not previously made into a Contract Modification.
PROJECT RECORD DOCUMENTS
A. Contract Documents will not be closed out and final payment will not be made until completion and submittal
of Project Record Documents described in Section 01780 (Project Record Documents).
1.6
PROJECT GUARANTEE
A. Requirements for Contractor’s guarantee of completed Work are included in Article 9 of Document 00700
(General Conditions). Guarantee Work done under Contract against failures, leaks, or breaks or other
unsatisfactory conditions due to defective equipment, materials, or workmanship, and perform repair work or
replacement required, at Contractor’s sole expense, for period of one year from date of Final Acceptance.
B. Neither recordation of Final Acceptance nor final certificate for payment nor provision of the Contract nor
partial or entire use or occupancy of premises by District shall constitute acceptance of Work not done in
Contract Closeout
01770- 2
Installation of Replacement HVAC Heat
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Contract No. B-01-2014-15
accordance with Contract Documents nor relieve Contractor of liability in respect to express warranties or
responsibility for faulty materials or workmanship.
C. District may make repairs to Defective Work as set forth in Document 00700 (General Conditions), Paragraph
9.3.
D. If, after installation, operation, or use of materials or equipment to be provided under Contract proves to be
unsatisfactory to District, District shall have right to operate and use materials or equipment until said materials
and equipment can, without damage to District, be taken out of service for correction or replacement. Period of
use of Defective materials or equipment pending correction or replacement shall in no way decrease guarantee
period required for acceptable corrected or replaced items of materials or equipment.
E. Nothing in this Section 01770 shall be construed to limit, relieve, or release Contractor’s, Subcontractors’, and
equipment suppliers’ liability to District for damages sustained as result of latent defects in equipment caused
by negligence of suppliers’ agents, employees, or Subcontractors. Stated in another manner, warranty contained
in the Contract Documents shall not amount to, nor shall it be deemed to be, waiver by District of any rights or
remedies (or time limits in which to enforce such rights or remedies) it may have for Defective workmanship or
Defective materials under laws of this State pertaining to acts of negligence.
1.7
WARRANTIES
A. Execute Contractor’s Submittals and assemble warranty documents, and Installation, Operation, and
Maintenance Manuals described in Section 01330 (Submittal Procedures), executed or supplied by
Subcontractors, suppliers, and manufacturers.
1.
Provide table of contents and assemble in 8½ inches by 11 inches three-ring binder with durable plastic
cover, appropriately separated and organized.
2.
Assemble in Specification Section order.
B. Submit material prior to final Application for Payment.
1.
For equipment put into use with District’s permission during construction, submit within 14 Days after first
operation.
2.
For items of Work delayed materially beyond Date of Substantial Completion, provide updated Submittal
within 14 Days after acceptance, listing date of acceptance as start of warranty period.
C. Warranties are intended to protect District against failure of Work and against deficient, Defective, and faulty
materials and workmanship, regardless of sources.
D. Limitations: Warranties are not intended to cover failures that result from the following:
1.
Unusual or abnormal phenomena of the elements
2.
Vandalism after Substantial Completion
3.
Insurrection or acts of aggression including war
E. Related Damages and Losses: Remove and replace Work which is damaged as result of Defective Work, or
which must be removed and replaced to provide access for correction of warranted Work.
Contract Closeout
01770- 3
Installation of Replacement HVAC Heat
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Contract No. B-01-2014-15
F. Warranty Reinstatement: After correction of warranted Work, reinstate warranty for corrected Work to date of
original warranty expiration or to a date not less than one year after corrected Work was done, whichever is
later.
G. Replacement Cost: Replace or restore failing warranted items without regard to anticipated useful service lives.
H. Warranty Forms: Submit drafts to District for approval prior to execution. Forms shall not detract from or
confuse requirements or interpretations of Contract Documents.
1.
Warranty shall be countersigned by manufacturers.
2.
Where specified, warranty shall be countersigned by Subcontractors and installers.
I.
Rejection of Warranties: District reserves right to reject unsolicited and coincidental product warranties that
detract from or confuse requirements or interpretations of Contract Documents.
J.
Term of Warranties: For materials, equipment, systems, and workmanship, warranty period shall be one year
minimum from date of Final Completion of entire Work except where:
1.
Detailed Specifications for certain materials, equipment or systems require longer warranty periods.
2.
Materials, equipment or systems are put into beneficial use of District prior to Final Completion as agreed
to in writing by District.
K. Warranty of Title: No material, supplies, or equipment for Work under Contract shall be purchased subject to
any chattel mortgage, security agreement, or under a conditional sale or other agreement by which an interest
therein or any part thereof is retained by seller or supplier. Contractor warrants good title to all material,
supplies, and equipment installed or incorporated in Work and agrees upon completion of all Work to deliver
premises, together with improvements and appurtenances constructed or placed thereon by Contractor, to
District free from any claim, liens, security interest, or charges, and further agrees that neither Contractor nor
any person, firm, or corporation furnishing any materials or labor for any Work covered by Contract shall have
right to lien upon premises or improvement or appurtenances thereon. Nothing contained in this paragraph,
however, shall defeat or impair right of persons furnishing materials or labor under bond given by Contractor
for their protection or any rights under law permitting persons to look to funds due Contractor in hands of
District.
1.8
TURN-IN
A. Contract Documents will not be closed out and final payment will not be made until all keys issued to
Contractor during prosecution of Work and letters from property owners, pursuant to Paragraph 1.2.F of
Document 01740 (Cleaning), are turned in to District.
1.9
RELEASE OF CLAIMS
A. Contract Documents will not be closed out and final payment will not be made until Document 00650
(Agreement and Release of Any and All Claims) is completed and executed by Contractor and District.
1.10
FIRE INSPECTION COORDINATION
A. Coordinate fire inspection and secure sufficient notice to District to permit convenient scheduling (if
applicable).
Contract Closeout
01770- 4
Installation of Replacement HVAC Heat
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Contract No. B-01-2014-15
1.11
BUILDING INSPECTION COORDINATION
A. Coordinate with District a final inspection for the purpose of obtaining an occupancy certificate (if applicable).
PART 2 PRODUCTS – NOT USED
PART 3 EXECUTION – NOT USED
END OF SECTION
Contract Closeout
01770- 5
Installation of Replacement HVAC Heat
Pumps at Two Schools
Contract No. B-01-2014-15
SECTION 01780
PROJECT RECORD DOCUMENTS
PART 1 GENERAL
1.1
SUMMARY
A. Section Includes:
1.
Administrative and procedural requirements for the following Project Record Documents:
a.
Project Record Drawings, Shop Drawings
b.
Project Record Specifications
c.
Project Record Product Data
d.
Miscellaneous Project Record Submittals
B. Specific Project Record Documents requirements that expand requirements of this Section may be included in
the individual Sections of Divisions 2 through 16.
1.2
SUBMITTAL
A. At completion of Project, Contractor shall deliver Project Record Documents to District. Project Record
Documents required include:
1.
Marked-up copies of Drawings
2.
Marked-up copies of Shop Drawings
3.
Marked-up copies of Specifications, Addenda, Change Orders, and CCD’s
4.
Marked-up Product Data submittals
5.
Final set of Project Record Drawings, including electronic version
6.
Final set of Project Record Specifications
7.
Final set of Project Record Product Data
8.
Record Samples
9.
Field records for variable and concealed conditions
10. Record information on Work that is recorded only schematically
B. Contractor shall accompany submittal with transmittal letter containing:
1.
Date
2.
Project title and District’s Contract number
3.
Contractor’s name and address
Project Record Documents
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Installation of Replacement HVAC Heat
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Contract No. B-01-2014-15
1.3
4.
Number and title of each Project Record Document
5.
Certification that each document as submitted is complete and accurate, and signature of Contractor or
Contractor’s authorized representative.
GENERAL
A. District will provide one full size blueline set of Drawings and one copy of the Project Manual for Contractor’s
use for recording as-built conditions.
B. Contractor shall post changes and Modifications to the Contract Documents as they occur. Do not wait until the
end of the Project. District may periodically review Project Record Documents to assure compliance with this
requirement.
C. Contractor shall refer instances of uncertainty to District for resolution.
D. Maintenance of Documents and Samples:
1.4
1.
Contractor shall store Project Record Documents and Samples in the field office apart from Contract
Documents used for construction.
2.
Do not permit Project Record Documents to be used for construction purposes.
3.
Contractor shall maintain Project Record Documents in good order and in a clean, dry, legible condition.
4.
Contractor shall make Project Record Documents and Samples available at all times for inspection by
District.
PROJECT RECORD DRAWINGS, SHOP DRAWINGS, AND SAMPLES
A. Quality Draftsmanship: All Work on Project Record Drawings and Project Record Shop Drawings shall be
performed by competent drafters and shall be clear and fully legible. District shall be the sole judge of the
acceptability of the Project Record Drawings and Project Record Shop Drawings.
B. Mark-up Procedure: During the construction period, Contractor shall maintain a set of blueline or blackline
prints of Drawings and Shop Drawings for Project Record Documents purposes (“Field Set”). Contractor shall
stamp each document (on each sheet or page) “PROJECT RECORD” in 2-inch high letters. Contractor shall
also maintain a set of Samples for Project Record Documents purposes. Contractor shall keep record
documents current. Note: A reference by number to a Change Order, CCD, RFI, RFQ, RFP, Field Order or
other such document is not acceptable as sufficient record information on any record document. Do not
permanently conceal any Work until required information has been recorded.
1.
Mark Drawings and Shop Drawings to indicate the actual installation where the installation varies
appreciably from the installation shown originally. Give particular attention to information on concealed
elements that would be difficult to identify or measure and record later. Items required to be marked
include but are not limited to:
a.
Dimensional changes to the Drawings and Shop Drawings
b.
Revisions to details shown on the Drawings and Shop Drawings
c.
Depths of various elements of foundation in relation to main floor level or survey datum
d.
Horizontal and vertical location of underground utilities and appurtenances referenced to permanent
surface improvements
Project Record Documents
01780- 2
Installation of Replacement HVAC Heat
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Contract No. B-01-2014-15
e.
Location of internal utilities and appurtenances concealed in construction referenced to visible and
accessible features of structure
f.
Locations of underground Work, points of connection with existing utilities, changes in direction,
valves, manholes, catch basins, capped stub outs, invert elevations, and similar items
g.
Actual numbering and set points of each electrical circuit
h.
Field changes of dimension and detail
i.
Revisions to routing of piping and conduits
j.
Revisions to electrical circuitry
k.
Actual equipment locations
l.
Duct, conduit, and cable size and routing
m. Changes made by Change Order or CCD
n.
Details not on original Drawings or Shop Drawings
2.
Mark completely and accurately Drawings or Shop Drawings, whichever is the most capable of showing
actual physical conditions. Where Shop Drawings are marked, show cross-reference on Drawings location.
3.
Mark important additional information that was either shown schematically or omitted from original
Drawings.
4.
Note CCD numbers; Alternate numbers, Change Order numbers, and similar identification.
5.
Mark Drawing and Shop Drawing sets with red, erasable colored pencil.
6.
Mark Samples to record changes made after review.
7.
Responsibility for Mark-up: Where feasible, the individual or entity who obtained Project Record Drawing
or Shop Drawing data, whether the individual or entity is the installer, Subcontractor, or similar entity, is
required to prepare the mark-up on Project Record Drawings or Shop Drawings.
a.
Accurately record information in an understandable and legible drawing technique.
b.
Record data as soon as possible after it has been obtained. In the case of concealed installations,
record and check the mark-up prior to concealment.
C. Preparation of Project Record Drawings and Project Record Shop Drawings: Immediately prior to inspection
for Certification of Substantial Completion, review completed marked-up Project Record Drawings and Project
Record Shop Drawings with District. When authorized, prepare final Project Record Drawings and Project
Record Shop Drawings.
1.5
PROJECT RECORD SPECIFICATIONS
A. During the construction period, Contractor shall maintain one copy of the Specifications, including Addenda
and Modifications issued, for Project Record Documents purposes.
Project Record Documents
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B. Mark the Project Record Specifications to indicate the actual installation where the installation varies
substantially from that indicated in Specifications and Modifications issued. Note related Project Record
Drawing information, where applicable. Give particular attention to substitutions, selection of product options,
Change Order and CCD Work, and information on concealed installation that would be difficult to identify or
measure and record later.
1.
In each Specification Section where products, materials or units of equipment are specified or scheduled,
mark the copy with the proprietary name and model number of the product furnished.
2.
Record the name of the manufacturer, catalog number, supplier and installer, and other information
necessary to provide a record of selections made and to document coordination with Project Record
Product Data submittals and Installation, Operation, and Maintenance Manuals.
3.
Note related Project Record Product Data, where applicable, for each principal product specified, indicate
whether Project Record Product Data has been submitted in Installation, Operation, and Maintenance
Manuals instead of submitted as Project Record Product Data.
C. Preparation of Project Record Specifications: Immediately prior to inspection for Certification of Substantial
Completion, review completed Field Set Project Record Specifications with District. When authorized, prepare
final Project Record Specifications.
1.
1.6
After Substantial Completion and before Final Completion, carefully transfer all data shown on the Field
Set to a separate clean set of Specifications provided by District. Include the printed designation
“PROJECT RECORD SPECIFICATION” in a prominent location on the Specifications.
PROJECT RECORD PRODUCT DATA
A. During the construction period, maintain one copy of each Product Data submittal for Project Record Document
purposes.
1.
Mark Project Record Product Data to indicate the actual product installation where the installation varies
substantially from that indicated in Project Record Product Data submitted. Include significant changes in
the product delivered to the Site, and changes in manufacturer’s instructions and recommendations for
installation.
2.
Give particular attention to information on concealed products and installations that cannot be readily
identified and recorded later.
3.
Note related Change Orders and mark-up of Project Record Drawings, where applicable.
4.
Upon completion of mark-up, submit a complete set of Project Record Product Data to District for
District’s records.
5.
Where Project Record Product Data is required as part of maintenance manuals, submit marked-up Project
Record Product Data as an insert in the manual, instead of submittal as Project Record Product Data.
6.
The Contractor is responsible for mark-up and submittal of Project Record Product Data for the Work.
B. Material, Equipment, and Finish Data:
1.
Provide data for primary materials, equipment, and finishes as required under each Specification Section.
2.
Submit two sets prior to final inspection, bound in 8-1/2 inches by 11 inches three-ring binders with
durable plastic covers; provide typewritten table of contents for each volume.
Project Record Documents
01780- 4
Installation of Replacement HVAC Heat
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Contract No. B-01-2014-15
3.
1.7
Arrange by Specification Section number and give names, addresses, and telephone numbers of
Subcontractors and suppliers. List:
a.
Trade names
b.
Model or type numbers
c.
Assembly diagrams
d.
Operating instructions
e.
Cleaning instructions
f.
Maintenance instructions
g.
Recommended spare parts
h.
Product data
MISCELLANEOUS PROJECT RECORD SUBMITTALS
A. Refer to other Specification Sections for miscellaneous record keeping requirements and submittals in
connection with various construction activities. Immediately prior to Substantial Completion, complete
miscellaneous records and place in good order, properly identified and bound or filed, ready for use and
reference. Submit to the District for District’s records. Categories of requirements resulting in miscellaneous
records include, but are not limited to, the following:
1.
Field records on excavations and foundations
2.
Field records on underground construction and similar Work
3.
Survey showing locations and elevations of underground lines
4.
Invert elevations of drainage piping
5.
Surveys establishing building lines and levels
6.
Authorized measurements utilizing unit prices or allowances
7.
Records of plant treatment
8.
Ambient and substrate condition tests
9.
Certifications received in lieu of labels on bulk products
10. Batch mixing and bulk delivery records
11. Testing and qualification of tradespersons
12. Documented qualification of installation firms
13. Load and performance testing
14. Inspections and certifications by governing authorities
Project Record Documents
01780- 5
Installation of Replacement HVAC Heat
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Contract No. B-01-2014-15
15. Leakage and water-penetration tests
16. Fire resistance and flame spread test results
17. Final inspection and correction procedures
PART 2 PRODUCTS – NOT USED
PART 3 EXECUTION – NOT USED
END OF SECTION
Project Record Documents
01780- 6
Installation of Replacement HVAC Heat
Pumps at Two Schools
STATEMENT OF WORK (SOW)
FOR
INSTALLATION SERVICES
INSTALLATION OF REPLACEMENT HVAC HEAT PUMPS
1.0 GENERAL REQUIREMENTS
1.1
Berryessa Union School District (BUSD) is seeking an experienced, licensed,
HVAC contractor to perform the removal of nine (9) existing vertical wall-mounted
HVAC Heat Pump units and the installation of nine (9) new BUSD provided
vertical wall-mounted replacement HVAC Heat Pump units at two (2) different
school sites. The two (2) school sites are located at:
Brooktree Elementary School:
1781 Olivetree Drive, San Jose, CA 95131
Summerdale Elementary School: 1100 Summerdale Drive, San Jose, CA 95132
1.2
The new nine (9) HVAC Heat Pumps will be provided to the contractor by
Berryessa Union School District and installed at the same locations as the
removed ones. The sites of the existing nine (9) HVAC Heat Pumps to be
removed and new one’s installed are located as follows:
School Site Room/Portable #
Brooktree
Brooktree
P1
P2
Brooktree
Year
Make/Model #
Tonnage
Serial #
1996
BARD WH421
3.5
126J961017562-02
1996
BARD WH421
3.5
126K961024355-02
1992
3.5
PWYB-042-KB-08L
3.5
PWYB-042-KB-08L
3.5
PWYB-042-KB-08L
3.5
PWYB-042-KB-08L
3.5
126N930815839-02
Summerdale
P6
P1
1994
INTERTHERM
PWYB024KB10
INTERTHERM
PWYB024KB10
INTERTHERM
PWYB024KB10
INTERTHERM
PWYB024KB10
BARD WH421
Summerdale
P2
1994
BARD WH421
3.5
126L930803687-02
Summerdale
P3
1996
BARD WH421
3.5
126H96012495-02
P3
Brooktree
1992
P4
Brooktree
1992
P5
Brooktree
1.3
1992
After removal of the existing HVAC Heat Pumps, the contractor will turn them
over to BUSD, who will retain ownership of them. The contractor will deliver them
to the MOT Corporation Yard; located at 945 Piedmont Road, San Jose CA
95132. The district will make arrangements with the contractor for the delivery
and receipt of the units.
1.4
The new nine (9) HVAC Heat Pumps will be provided by BUSD and have the
following features:




Bard Vertical Wall Mounted HVAC Heat Pump
Model # T42HA05VP4
HT PUMP 3.5T 230/1 R410 QCLIMT
11.1 EER, 05KW, CRV, 2” PLEATED FILTER, GRAY, BARD SPEC #S3436
1.5
The contractor shall install the new BUSD furnished Bard Vertical Wall
Mounted HVAC Heat Pump as per Bard Manufacturing Company Inc.
Installation Instructions. The Bard Wall-Mount HVAC Heat Pump is a selfcontained energy efficient system, which is designed to offer maximum indoor
comfort at a minimal cost. The unit is the ideal product for modular school
modernization. The machine is designed to operate from -40F to +131F (-40C to
+55C) outdoor temperature range. All versions employ a digital compressor
capable of continuously modulating capacity from 100% down to 20%, controlled
by a Bard digital thermostat/controller that is supplied with each ECU. The indoor
and outdoor motors are also ECM variable speed to maintain peak airflow
performance under all conditions. All ECU's are 60 Hz frequency rated suitable
for use anywhere in the world within the specified operating voltage 208/1Ø,
208/3Ø and 460/3Ø.
1.6
Units shall require power, condensate drain, and control interface wiring in field.
Units will comply with 2015 Title 24 EER and SEER.
1.7
Removal of the existing HVAC Heat Pumps & installation of BUSD furnished
ones will be done during normal working hours; Monday through Friday between
the hours of 7:30 am and 5:00 pm. The construction start date is April 3 and the
completion date is April 10.
1.8
All regular construction phases of the work will be done during normal hours,
Monday-Friday, in a working area assigned by BUSD.
1.9
BUSD will provide the facilities to the Contractor during normal working hours
Monday-Friday, no restrooms will be provided for use by the contractor. Utilities
will be provided to the contractor in the performance of his work.
1.10




Basic definition of work includes:
Removal of the existing HVAC Heat Pumps
Installation of the new BUSD furnished HVAC Heat pumps
Control and power connections to the new HVAC pumps
Testing, run/start-up, turn-over to BUSD
1.11
Upon completion of each working day the area should be to be returned to clean
condition. All retouching works should be included and the area should be kept
clean during and at the end of each working days. All damaged areas during the
working process should be restored to its original conditions. Contractor must
remove and dispose all of construction debris daily.
1.12
After the installations of the new heat pumps are completed, BUSD will conduct
an inspection to ensure all work is done in accordance with manufacturer’s
installation instructions and acceptable work standards. Any work not meeting
these instructions or standards will be done over until they comply with the
acceptable standards.
1.13
The Contractor shall provide all construction personnel, equipment, materials,
tools and supervision as needed to complete the services work described in the
Statement of Work.
1.14
The work shall be executed in a diligent manner in accordance with the
performance period. The period of performance for all Phases of the project shall
be started not later than April 3, 2015, and be completed by close of business
(5:00 pm); April 10, 2015
1.15
The Contractor shall have limited access to or be admitted into any building
outside the areas designated for the project except with permission of BUSD.
1.16
The Contractor shall be responsible for the professional quality, technical
accuracy, and the coordination of all construction and other services furnished
under this contract. The Contractor shall, without additional compensation,
correct or revise any errors or deficiencies in its construction and other services.
1.17
The Contractor shall identify a Project Site Manager who shall be responsible for
the overall management of the project and shall represent the Contractor on the
site during construction. The Manager shall be reachable by phone and be on
site during all construction phases.
1.18
The Contractor is responsible for safety and shall comply with all local labor laws,
regulations, customs and practices pertaining to labor, safety and similar matters.
The Contractor shall promptly report all accidents resulting in lost time, disabling,
or fatal injuries to the appropriate agencies.
1.19
The Contractor shall examine all the documents and visit the site to fully inform
themselves of all the conditions and limitations applied to the work. No
subsequent cost allowance will be made to the Contractor for neglect of the
existing site conditions.
1.20
The Contractor shall be responsible for all required materials not provided by
BUSD, equipment and personnel to manage, administer, and supervise the
project. All workmanship shall be of good quality and performed in a skillful
manner as determined by industry standards.
1.21
All materials and equipment incorporated into the project shall be new unless
noted otherwise. The Contractor shall transport and safeguard all materials and
equipment required for construction. Equipment and materials shall be carefully
handled, properly stored, and adequately protected to prevent damage before
and during installation, in accordance with the manufacturer's recommendations.
Damaged or defective items shall be replaced. The contractor will be responsible
for security of all materials and equipment.
1.22
Cleanup - The Contractor shall keep the work area, including storage areas, free
from accumulations of waste materials on a daily basis and comply with all
federal, state and local regulations pertaining to the storage, transport and
disposal of wastes. The Contractor shall not use BUSD waste disposal facilities
including garbage cans, trash piles or dumpsters.
1.23
Landscape Restoration - The surfaces of all unpaved areas disturbed by
construction activities shall be returned to its original condition with an approved
grass native to the area as approved by BUSD. These shall include areas which
existing pavement is removed, areas where excavation takes place, and areas
where existing sod is killed or compacted by construction activities. Landscape
shrubs killed or damaged by construction activities shall be replaced with same
species and size.
1.24
The Contractor shall commence work under this contract promptly, execute the
work diligently, and achieve final completion and acceptance including punch-list,
final inspection of work, and final cleanup of the premises within the period
specified.
1.25
Project Completion: Furnish one copy of maintenance and operating information,
Contractor’s one year workmanship guarantee and product literature of all items
installed.
END OF STATEMENT OF WORK
INSTALLATION
INSTRUCTIONS
WALL MOUNTED
PACKAGE HEAT PUMPS
Standard & Dehumidification
MODELS
T24H1
T30H1
T36H1
T42H1
T48H1
T60H1
T24H1D
T30H1D
T36H1D
T42H1D
T48H1D
T60H1D
Bard Manufacturing Company, Inc.
Bryan, Ohio 43506
Since 1914...Moving ahead just as planned.
Manual :
Supersedes:
File:
Date:
2100-541A
2100-541
Volume III Tab 17
04-20-11
Manual
Page
2100-541A
1 of 28
Contents
Getting Other Information and Publications
Wall Mount General Information
Wall Mount Model Nomenclature ............................
Shipping Damage ....................................................
General ................................................................
Duct Work ................................................................
Filters
................................................................
Fresh Air Intake .......................................................
Condensate Drain ....................................................
3
4
4
4
5
5
5
5
Installation Instructions
Wall Mounting Information ....................................... 6
Mounting the Unit .................................................... 6
Placement ................................................................ 6
Clearances Required ............................................... 6
Minimum Clearances ............................................... 6
Wiring – Main Power ............................................. 13
Wiring – Low Voltage Wiring ................................. 13
Optional Outdoor T-Stat Applications ..................... 14
Figures
Figure 1
Figure 2
Figure 3A
Figure 3B
Figure 4
Figure 5
Figure 6
Figure 7
Figure 8
Figure 9
Figure 10
Figure 11
Figure 12
Figure 13
Figure 14
Figure 15
Figure 16
Fresh Air Damper Assembly ................... 5
Unit Dimensions ...................................... 7
Mounting Instructions T24 & 30 .............. 8
Mounting Instructions T36, 42, 48 ........... 9
Electric Heat Clearance ........................ 10
Wall Mounting Instructions ..................... 11
Wall Mounting Instructions ..................... 11
Common Wall Mounting Installations .... 12
Compressor Cutoff ................................ 14
Compressor Cutoff ................................ 14
Electric Heat Hold-Off Wiring ................ 15
Electric Heat Hold-Off Wiring ................ 15
Defrost Control Board ........................... 19
Fan Blade Setting ................................. 22
Control Disassembly ............................. 28
Winding Test ......................................... 28
Drip Loop .............................................. 28
Manual 2100-541A
Page
2 of 28
Start Up
General ..............................................................
Topping Off System Charge ...................................
Safety Practices .....................................................
Important Installer Note .........................................
High & Low Pressure Switch .................................
Three Phase Scroll Compressor ............................
Phase Monitor .......................................................
Service Hints .........................................................
Sequence of Operation ..........................................
Pressure Service Ports ..........................................
Defrost Cycle .........................................................
16
16
16
17
17
17
17
17
18
18
18
Troubleshooting
Solid State Heat Pump Control ..............................
Checking Temperature Sensor ..............................
Fan Blade Setting Dimensions ..............................
Removal of Fan Shroud .........................................
R-410A Refrigerant Charge ...................................
Troubleshooting GE ECM Motors ..........................
Troubleshooting GE ECM Motors ..........................
20
21
22
22
22
27
28
Tables
Table 1
Table 2
Table 3
Table
Table 4
Table 5A
Table 5B
Table 6A
Table 6B
Table 7A
Table 7B
Table 8
Clearances Required .............................. 6
Min. Clearances Required ...................... 6
Troubleshooting .................................... 20
Temperature F vs. Resistance .............. 21
Fan Blade Dimension ............................ 22
Refrig. Charge/Superheat-Subcooling .. 22
Refrig. Charge/Subcooling-Subcooling . 22
Cooling Pressure .................................. 23
Heating Pressure .................................. 23
Electrical Specifications T**H ................ 24
Electrical Specifications T**H Dehum. .. 25
Indoor Blower Performance .................. 26
GETTING OTHER INFORMATION AND PUBLICATIONS
These publications can help you install the air
conditioner or heat pump. You can usually find these at
your local library or purchase them directly from the
publisher. Be sure to consult current edition of each
standard.
FOR MORE INFORMATION, CONTACT
THESE PUBLISHERS:
ACCA
Air Conditioning Contractors of America
1712 New Hampshire Ave. N.W.
Washington, DC 20009
Telephone: (202) 483-9370
Fax: (202) 234-4721
ANSI
American National Standards Institute
11 West Street, 13th Floor
New York, NY 10036
Telephone: (212) 642-4900
Fax: (212) 302-1286
National Electrical Code ...................... ANSI/NFPA 70
Standard for the Installation .............. ANSI/NFPA 90A
of Air Conditioning and Ventilating Systems
Standard for Warm Air ...................... ANSI/NFPA 90B
Heating and Air Conditioning Systems
Load Calculation for ............................ ACCA Manual J
Residential Winter and Summer Air Conditioning
Duct Design for Residential .............. ACCA Manual D
Winter and Summer Air Conditioning and Equipment
Selection
ASHRAE American Society of Heating, Refrigeration
and Air Conditioning Engineers, Inc.
1791 Tullie Circle, N.E.
Atlanta, GA 30329-2305
Telephone: (404) 636-8400
Fax: (404) 321-5478
NFPA
National Fire Protection Association
Batterymarch Park
P.O. Box 9101
Quincy, MA 02269-9901
Telephone: (800) 344-3555
Fax: (617) 984-7057
Manufactured under the following
U.S. Patent numbers:
5,485,878
Manual
Page
2100-541A
3 of 28
WALL MOUNT GENERAL INFORMATION
HEAT PUMP WALL MOUNT MODEL NOMENCLATURE
T
36
MODEL
NUMBER
H
1
–
A
REVISIONS
CAPACITY |
24 - 2 Ton
30 - 2½ Ton
36 - 3 Ton
42 - 3½ Ton
48 - 4 Ton
60 - 5 Ton
H - Heat Pump
SPECIALTY PRODUCTS 2
(Non-Standard)
VOLTS & PHASE
A - 230/208/60/1
B - 230/208/60/3
C - 460/60/3
10
KW1
0Z - 0KW
04 - 4KW
05 - 5KW
06 - 6KW
F8 - 8KW
S8 - 8KW
09 - 9KW
10 -10KW
15 -15KW
20 -20KW
VENTILATION OPTIONS
X - Barometric Fresh Air Damper (Standard)
B - Blank-off Plate
M - Motorized Fresh Air Damper
C - Commercial Ventilator - Mod. Spring Return w/Exhaust
V - Commercial Ventilator - Spring Return w/Exhaust
P - Commercial Ventilator - Power Return w/Exhaust
E - Economizer (Internal) - Fully Modulating with Exhaust
R - Energy Recovery Ventilator - Motorized with Exhaust
(See Spec. Sheet S3398)
X
X
X
X
X
X
CONTROL MODULES
(See Spec. Sheet S3436)
COLOR OPTIONS
X - Beige
1 - White
4 - Buckeye Gray
5 - Desert Brown
8 - Dark Bronze
A - Aluminum
S - Stainless Steel
COIL OPTIONS
X - Standard
1 - Phenolic Coated Evaporator
2 - Phenolic Coated Condenser
3 - Phenolic Coated Evaporator
and Condenser
OUTLET OPTIONS
X - Front (Standard)
FILTER OPTIONS
X - 1-Inch Fiberglass (MERV 2)
M - 2-Inch Pleated (MERV 11)
H - 2-Inch Pleated (MERV 8)
P - 2-Inch Pleated (MERV 6)
E - 24V 1" Electrostatic Air Cleaner
1 For 0 KW and circuit breakers (230/208 volt) or toggle disconnect (460V) applications, insert 0Z in the KW field of the model number. See Pages 11 & 12.
2 Insert “D” for dehumidification with hot gas reheat. Reference Form 7960-627 for complete details.
NOTE: Vent options X, B and M are without exhaust capability. May require separate field supplied barometric relief in building.
SHIPPING DAMAGE
Upon receipt of equipment, the carton should be
checked for external signs of shipping damage. If
damage is found, the receiving party must contact the
last carrier immediately, preferably in writing,
requesting inspection by the carrier’s agent.
GENERAL
The equipment covered in this manual is to be installed
by trained, experienced service and installation
technicians.
The refrigerant system is completely assembled and
charged. All internal wiring is complete.
The unit is designed for use with or without duct work.
Flanges are provided for attaching the supply and return
ducts.
These instructions explain the recommended method to
install the air cooled self-contained unit and the
electrical wiring connections to the unit.
Manual 2100-541A
Page
4 of 28
These instructions and any instructions packaged with
any separate equipment required to make up the entire
air conditioning system should be carefully read before
beginning the installation. Note particularly “Starting
Procedure” and any tags and/or labels attached to the
equipment.
While these instructions are intended as a general
recommended guide, they do not supersede any national
and/or local codes in any way. Authorities having
jurisdiction should be consulted before the installation is
made. See Page 3 for information on codes and
standards.
Size of unit for a proposed installation should be based
on heat loss/gain calculation made according to methods
of Air Conditioning Contractors of America (ACCA).
The air duct should be installed in accordance with the
Standards of the National Fire Protection Association
for the Installation of Air Conditioning and Ventilating
Systems of Other Than Residence Type, NFPA No.
90A, and Residence Type Warm Air Heating and Air
Conditioning Systems, NFPA No. 90B. Where local
regulations are at a variance with instructions, installer
should adhere to local codes.
DUCT WORK
FILTERS
All duct work, supply and return, must be properly sized
for the design airflow requirement of the equipment. Air
Conditioning Contractors of America (ACCA) is an
excellent guide to proper sizing. All duct work or portions
thereof not in the conditioned space should be properly
insulated in order to both conserve energy and prevent
condensation or moisture damage.
A 1-inch throwaway filter is standard with each unit.
The filter slides into position making it easy to service.
This filter can be serviced from the outside by removing
the filter access panel. 2-inch pleated filters are also
available as optional accessories. The internal filter
brackets are adjustable to accommodate the 2-inch filter
by bending two (2) tabs down on each side of the filter
support bracket.
Design the duct work according to methods given by the Air
Conditioning Contractors of America (ACCA). When duct
runs through unheated spaces, it should be insulated with a
minimum of one inch of insulation. Use insulation with a
vapor barrier on the outside of the insulation. Flexible joints
should be used to connect the duct work to the equipment in
order to keep the noise transmission to a minimum.
A 1/4 inch clearance to combustible material for the first
three feet of duct attached to the outlet air frame is required.
See Wall Mounting Instructions and Figures 3A, 3B and 4
for further details.
Ducts through the walls must be insulated and all joints
taped or sealed to prevent air or moisture entering the wall
cavity.
Some installations may not require any return air duct. A
metallic return air grille is required with installations not
requiring a return air duct. The spacing between louvers on
the grille shall not be larger than 5/8 inch.
Any grille that meets with 5/8 inch louver criteria may be
used. It is recommended that Bard Return Air Grille Kit
RG2 through RG5 or RFG2 through RFG5 be installed
when no return duct is used. Contact distributor or factory
for ordering information. If using a return air filter grille,
filters must be of sufficient size to allow a maximum
velocity of 400 fpm.
NOTE: If no return air duct is used, applicable installation
codes may limit this cabinet to installation only in a
single story structure.
FRESH AIR INTAKE
All units are built with fresh air inlet slots punched in
the service door.
If the unit is equipped with a fresh air damper assembly,
the assembly is shipped already attached to the unit.
The damper blade is locked in the closed position. To
allow the damper to operate, the maximum and
minimum blade position stops must be installed. See
Figure 1.
All capacity, efficiency and cost of operation
information is based upon the fresh air blank-off plate in
place and is recommended for maximum energy
efficiency.
The blank-off plate is available upon request from the
factory and is installed in place of the fresh air damper
shipped with each unit.
CONDENSATE DRAIN
A plastic drain hose extends from the drain pan at the
top of the unit down to the unit base. There are
openings in the unit base for the drain hose to pass
through. In the event the drain hose is connected to a
drain system of some type, it must be an open or vented
type system to assure proper drainage.
FIGURE 1
FRESH AIR DAMPER
Manual
Page
2100-541A
5 of 28
INSTALLATION INSTRUCTIONS
WALL MOUNTING INFORMATION
WARNING
1. Two holes for the supply and return air openings
must be cut through the wall as shown in Figure 3.
2. On wood frame walls, the wall construction must be
strong and rigid enough to carry the weight of the
unit without transmitting any unit vibration.
3. Concrete block walls must be thoroughly inspected
to insure that they are capable of carrying the weight
of the installed unit.
Failure to provide the 1/4 inch clearance
between the supply duct and a combustible
surface for the first 3 feet of duct can result in
fire causing damage, injury or death.
PLACEMENT
MOUNTING THE UNIT
1. These units are secured by wall mounting brackets
which secure the unit to the outside wall surface at
both sides. A bottom mounting bracket, attached to
skid for shipping, is provided for ease of installation,
but is not required.
2. The unit itself is suitable for 0 inch clearance, but
the supply air duct flange and the first 3 feet of
supply air duct require a minimum of 1/4 inch
clearance to combustible material. However, it is
generally recommended that a 1-inch clearance is
used for ease of installation and maintaining the
required clearance to combustible material. See
Figure 3 for details on opening sizes.
3. Locate and mark lag bolt locations and bottom
mounting bracket location. See Figures 3A & 3B.
4. Mount bottom mounting bracket.
5. Hook top rain flashing, attached to front - right of
supply flange for shipping, under back bend of top.
1. On side-by-side installations, maintain a minimum
of 20 inches clearance on right side to allow access
to control panel and heat strips, and to allow proper
airflow to the outdoor coil. Additional clearance
may be required to meet local or national codes.
2. Care should be taken to ensure that the recirculation
and obstruction of condenser discharge air does not
occur. Recirculation of condenser discharge air can
be from either a single unit or multiple units. Any
object such as shrubbery, a building or a large object
can cause obstructions to the condenser discharge
air. Recirculation or reduced airflow caused by
obstructions will result in reduced capacity, possible
unit pressure safety lockouts and reduced unit
service life.
Units with a blow through condenser, such as the
T**H 10 EER units, it is recommended there be a
minimum distance of 15 feet between the front of
the unit and any barrier or 20 feet between the fronts
of two opposing (facing) units.
6. Position unit in opening and secure with 5/16 lag bolts;
use 7/8 inch diameter flat washers on the lag bolts.
7. Secure rain flashing to wall and caulk across entire
length of top. See Figures 3A & 3B.
8. For additional mounting rigidity, the return air and
supply air frames or collars can be drilled and
screwed or welded to the structural wall itself
(depending upon wall construction). Be sure to
observe required clearance if combustible wall.
Clearances Required for Service Access
and Adequate Condenser Airflow
M inimum Clearances Required to
Combustible M aterials
MODELS
T24H, T30H
T36H, T42H, T48H, T60H
MODELS
Manual 2100-541A
Page
6 of 28
LEFT SIDE
15"
20"
RIGHT SIDE
20"
20"
T24H, T30H
T36H, T42H, T48H, T60H
SUPPLY AIR DUCT
CABINET
FIRST THREE FEET
1/4"
0"
1/4"
0"
FIGURE 2
Dimensions of Basic Unit for Architectural and I nstallation Requirements (Nominal)
MODEL
WIDTH DEPTH HEIGHT SUPPLY
(W)
(D)
(H)
A
B
RETURN
C
B
E
F
G
I
J
K
L
M
N
O
P
Q
R
S
T
T24H
T30H
38.200
17.125
70.563 7.88 27.88 13.88 27.88 40.00 10.88 25.75 17.93 26.75 28.75 29.25 27.00 2.63 39.13 22.75 9.14 5.00 12.00 5.00
T36H
T42H
42.075
22.432
84.875 9.88 29.88 15.88 29.88 43.88 13.56 31.66 30.00 32.68 26.94 34.69 32.43 3.37 43.00 23.88 10.00 1.44 16.00 1.88
T48H
T60H
42.075
22.432
93.000 9.88 29.88 15.88 29.88 43.88 13.56 37.00 30.00 40.81 35.06 42.81 40.56 3.37 43.00 31.00 10.00 1.44 16.00 10.00
All dimensions are in inches. Dimensional drawings are not to scale.
T**H
RIGHT UNIT
E
O
W
Built In
Rain Hood
4° Pitch
D
.44
Heater
Access
Panel
2.13
A
Electric
Heat
S
I
Top Rain
Flashing
Shipping
Location
Filter Access
Panel
Vent Option
Door
C H
S
Optional
Electrical
Entrances
Return Air Opening
S
Ventilation
Air
F
S
Low Voltage
Electrical
Entrance
G
Supply Air Opening
B
C. Breaker/
Disconnect
Access Panel
(Lockable)
5.75
R
Side Wall
Mounting
Brackets
(Built In)
Condenser
Air Outlet
High Voltage
Electrical
Entrance
Cond.
Air
Inlet
1
K
J
L
M
S
P
1
T
Front View
Side View
Drain
N
Back View
Q
Bottom Installation
Bracket
MIS-2729 A
Manual
Page
2100-541A
7 of 28
Manual 2100-541A
Page
8 of 28
1
E
5"
12"
12"
12"
12"
12"
D
1
42"
3"
4"
Typ.
1"
28"
3 "
4" 8
Typ.
Return Opening
Supply Opening
A
10
1
42"
C
Wall Opening and Hole Location View
7
8"
C
30
1"
14"
E
B
4 1/2 4 9/16 16 7/8
D
REQUIRED DIMENSIONS TO MAINTAIN
RECOMMENDED 1" CLEARANCE FROM
COMBUSTIBLE MATERIALS
C
5 1/4 3 13/16 17 5/8
B
REQUIRED DIMENSIONS TO MAINTAIN
28 1/2 8 1/2
1/4" MIN. CLEARANCE FROM
COMBUSTIBLE MATERIALS
A
WALL
TOP
HEATER ACCESS
PANEL
SEAL WITH BEAD
OF CAULKING ALONG
ENTIRE LENGTH OF TOP.
FIGURE 3A
T24H1, T30H1
MOUNTING INSTRUCTIONS
Right Side View
W*R UNIT SHOWN, W*L UNIT
CONTROLS AND HEATER ACCESS
IS ON OPPOSITE (LEFT) SIDE.
MIS-311 C
IT IS RECOMMENDED THAT A BEAD OF
SILICONE CAULKING BE PLACED BEHIND
THE SIDE MOUNTING FLANGES AND UNDER
TOP FLASHING AT TIME OF INSTALLATION.
NOTES:
RETURN AIR
OPENING
SUPPLY AIR
DUCT
1/4" CLEARANCE ON ALL
FOUR SIDES OF SUPPLY
AIR DUCT IS REQUIRED
FROM COMBUSTABLE
MATERIALS
WALL STRUCTURE
FOAM AIR SEAL
RAIN FLASHING
SUPPLIED
Manual
Page
2100-541A
9 of 28
2
7
18"
16"
16"
16"
16"
16"
1
1
4"
Typ.
1
1
62"
38"
C
5 1/2
6 1/4
C
Dimension is 21" on 95" tall units.
Dimension is 10" on T48H1 & T60H1.
Dimension is 6" on T48H1 & T60H1.
4"
Typ.
1"
3"
30"
Return Opening
Supply Opening
A
12
10 1/2
B
Wall Opening and Hole Location View
3
2
1
1
62"
1
62"
C
32
REQUIRED DIMENSIONS TO MAINTAIN
RECOMMENDED 1" CLEARANCE FROM
COMBUSTIBLE MATERIALS
D
30 1/2
REQUIRED DIMENSIONS TO MAINTAIN
1/4" MIN. CLEARANCE FROM
COMBUSTIBLE MATERIALS
A
2
E
3
29
29 3/4
7
8"
28"
1
16"
E
B
1 1/4
D
TOP
HEATER ACCESS
PANEL
WALL
SEAL WITH BEAD
OF CAULKING ALONG
ENTIRE LENGTH OF
TOP.
FIGURE 3B
T36H1, T42H1, T48H1, T60H1
MOUNTING INSTRUCTIONS
Right Side View
MIS-416 E
IT IS RECOMMENDED THAT A BEAD OF
SILICONE CAULKING BE PLACED BEHIND
THE SIDE MOUNTING FLANGES AND UNDER
TOP FLASHING AT TIME OF INSTALLATION.
NOTES:
RETURN AIR
OPENING
SUPPLY AIR
DUCT
1/4" CLEARANCE ON ALL
FOUR SIDES OF SUPPLY
AIR DUCT IS REQUIRED
FROM COMBUSTABLE
MATERIALS
WALL STRUCTURE
FOAM AIR SEAL
RAIN FLASHING
SUPPLIED
FIGURE 4
ELECTRIC HEAT CLEARANCE
SIDE SECTION VIEW OF SUPPLY AIR DUCT FOR
WALL MOUNTED UNIT SHOWING 1/4 INCH
CLEARANCE TO COMBUSTIBLE SURFACES.
WARNING
A minimum of 1/4 inch clearance must be maintained between
the supply air duct and combustible materials. This is required
for the first 3 feet of ducting.
It is important to insure that the 1/4 inch minimum spacing is
maintained at all points.
Failure to do this could result in overheating the combustible
material and may result in a fire causing damage, injury or death.
Manual 2100-541A
Page
10 of 28
FIGURE 5
WALL MOUNTING INSTRUCTIONS
WALL STRUCTURE
SEE FIGURE 3 – MOUNTING INSTRUCTIONS
FACTORY SUPPLIED
RAIN FLASHING.
MOUNT ON UNIT
BEFORE INSTALLATION
SUPPLY AIR
OPENING
SUPPLY AIR
OPENING
SUPPLY AIR
DUCT
RETURN AIR
OPENING
RETURN AIR
OPENING
RETURN AIR
OPENING
BOTTOM MOUNTING
BRACKET. MOUNT ON
WALL BEFORE
INSTALLING UNIT.
WOOD OR STEEL SIDING
CONCRETE BLOCK WALL INSTALLATION
WOOD FRAME WALL INSTALLATION
SIDE VIEW
MIS-548 A
FIGURE 6
WALL MOUNTING INSTRUCTIONS
SEE UNIT DIMENSIONS, FIGURE 2,
FOR ACTUAL DIMENSIONS.
E + 1.000
ATTACH TO TOP
PLATE OF WALL
B
1.000
1.000" CLEARANCE
ALL AROUND DUCT
INTERIOR FINISHED WALL
OVER FRAME
SUPPLY DUCT
OPENING
A
I
1.000" CLEARANCE
ALL AROUND DUCT
RETURN DUCT
OPENING
C
EXTERIOR FINISH WALL
OVER FRAME
K
2x6
FRAMING MATERIAL
2 x 4'S, 2 x 6'S &/OR
STRUCTURAL STEEL
MIS-549 B
ATTACH TO BOTTOM
PLATE OF WALL
CL
THIS STRUCTURAL MEMBER
LOCATED TO MATCH STUD
SPACING FOR REST OF WALL.
A SECOND MEMBER MAY BE
REQUIRED FOR SOME WALLS.
Manual
Page
2100-541A
11 of 28
FIGURE 7
COMMON WALL MOUNTING INSTALLATIONS
SUPPLY DUCT MAY BE LOCATED IN AN ATTIC
OR BELOW CEILING RAFTERS AS SHOWN
RAIN
FLASHING
RAFTERS
RAIN
FLASHING
FINISHED CEILING SURFACE
SUPPLY AIR DUCT
SUPPLY AIR DUCT
W/ GRILLE
FINISHED CEILING SURFACE
RETURN AIR
OPENING W/ GRILLE
RETURN AIR
OPENING W/ GRILLE
OUTSIDE
WALL
RAFTERS
OUTSIDE
WALL
FREE AIR FLOW
NO DUCT
DUCTED SUPPLY
RETURN AT UNIT
SUPPLY DUCT MAYBE LOCATED IN AN ATTIC
OR BELOW CEILING RAFTERS AS SHOWN
RAIN
FLASHING
RAFTERS
SUPPLY DUCT MAYBE LOCATED IN AN ATTIC
OR BELOW CEILING RAFTERS AS SHOWN
RAIN
FLASHING
SUPPLY AIR DUCT
SUPPLY AIR DUCT
LOWERED
CEILING
FINISHED
CEILING SURFACE
OUTSIDE
WALL
RAFTERS
RETURN AIR
SPACE
WALL SLEEVE
CLOSET WALL
FALSE WALL
WALL
SLEEVE
RETURN AIR GRILLE
FALSE WALL INSTALLATION
OUTSIDE
WALL
SUPPLY AIR
GRILLE
FINISHED CEILING
SURFACE
RAISED FLOOR
RETURN AIR
RETURN AIR
GRILLE
CLOSET INSTALLATION
MIS-550 B
Manual 2100-541A
Page
12 of 28
WIRING – MAIN POWER
WIRING – LOW VOLTAGE WIRING
Refer to the unit rating plate for wire sizing information
and maximum fuse or “HACR” type circuit breaker
size. Each outdoor unit is marked with a “Minimum
Circuit Ampacity”. This means that the field wiring
used must be sized to carry that amount of current.
Depending on the installed KW of electric heat, there
may be two field power circuits required. If this is the
case, the unit serial plate will so indicate. All models
are suitable only for connection with copper wire. Each
unit and/or wiring diagram will be marked “Use Copper
Conductors Only”. These instructions must be adhered
to. Refer to the National Electrical Code (NEC) for
complete current carrying capacity data on the various
insulation grades of wiring material. All wiring must
conform to NEC and all local codes.
230/208V, 1 phase and 3 phase equipment dual primary
voltage transformers. All equipment leaves the factory
wired on 240V tap. For 208V operation, reconnect from
240V to 208V tap. The acceptable operating voltage
range for the 240 and 208V taps are:
TAP
240
208
RANGE
253 – 216
220 – 187
NOTE: The voltage should be measured at the field power
connection point in the unit and while the unit is
operating at full load (maximum amperage
operating condition).
For wiring size and connections, refer to Wiring Manual
2100-516.
The electrical data lists fuse and wire sizes (75°C
copper) for all models including the most commonly
used heater sizes. Also shown are the number of field
power circuits required for the various models with
heaters.
The unit rating plate lists a “Maximum Time Delay
Relay Fuse” or “HACR” type circuit breaker that is to
be used with the equipment. The correct size must be
used for proper circuit protection and also to assure that
there will be no nuisance tripping due to the momentary
high starting current of the compressor motor.
The disconnect access door on this unit may be locked
to prevent unauthorized access to the disconnect. To
convert for the locking capability, bend the tab located
in the bottom left-hand corner of the disconnect opening
under the disconnect access panel straight out. This tab
will now line up with the slot in the door. When shut, a
padlock may be placed through the hole in the tab
preventing entry.
See “Start Up” section for important information on
three phase scroll compressor start ups.
See Tables 7A & 7B for Electrical Specifications.
Manual
Page
2100-541A
13 of 28
FIGURE 8
COMPRESSOR CUTOFF THERMOSTAT WIRING
4 – 10KW 1 PH – 6 & 9KW 3 PH
FIGURE 9
COMPRESSOR CUTOFF THERMOSTAT WIRING
15 – 20KW 1 PH AND 3 PH
OPTIONAL OUTDOOR THERMOSTAT
APPLICATIONS
OPTIONAL COMPRESSOR CUTOFF
THERMOSTAT (See Figures 8 & 9)
Since most equipment at the time of manufacture is not
designated for any specific destination of the country
and are installed in areas not approaching the lower
outdoor temperature range, outdoor thermostats are not
factory installed as standard equipment, but are offered
as an option. There are also different applications for
applying outdoor thermostats. The set point of either
type of outdoor thermostat application is variable with
geographic region and sizing of the heating equipment
to the individual structure. Utilization of the heating
Application Data, and the heat loss calculation of the
building are useful in determining the correct set points.
NOTE: The additional LAB (low ambient bypass) relay
is required to prevent heater operation during low
temperature cooling operation.
Heat pump compressor operation at outdoor
temperatures below 0°F are neither desirable nor
advantageous in term of efficiency. An outdoor
thermostat can be applied to take the mechanical heating
(compressor) off line, and send the (compressor) signal
to energize electric heat in its place (to make electric
heat first stage heating). This can also be applied to
bank the quantity of available electric heat. For
example: A heat pump operates with 10KW second
stage heat – once the outdoor thermostat has switched
then operates 15KW without the compressor as first
stage heat.
Manual 2100-541A
Page
14 of 28
ELECTRIC HEAT HOLD-OFF
(See Figures 10 & 11)
In other applications, it is desirable to disable the
operation of the electric heat until outdoor temperatures
have reached a certain design point. This won't allow
the electric heat to come on as second stage heating
unless the outdoor temperature is below the set point of
the outdoor thermostat. This is done to maximize
efficiency by utilizing the heat pump to bring the
conditioned space temperature up, rather than cycling on
the electric heat due a second stage call for heat from
the thermostat on start-up coming off a night set-back
condition or someone increasing the thermostat set
point. (NOTE: Some programmable thermostats do
have a built-in time delay for pulling in second stage
heat when coming off set-back conditions.)
FIGURE 10
ELECTRIC HEAT HOLD-OFF WIRING
4 – 10KW 1 PH — 6 & 9KW 3 PH
FIGURE 11
ELECTRIC HEAT HOLD-OFF WIRING
15 – 20KW 1 PH & 3 PH
Manual
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2100-541A
15 of 28
START UP
THESE UNITS REQUIRE R-410A
REFRIGERANT AND POLYOL
ESTER OIL.
REMEMBER: When adding R-410A refrigerant, it
must come out of the charging cylinder/tank as a liquid
to avoid any fractionation, and to insure optimal system
performance. Refer to instructions for the cylinder that
is being utilized for proper method of liquid extraction.
GENERAL:
1. Use separate service equipment to avoid cross
contamination of oil and refrigerants.
2. Use recovery equipment rated for R-410A
refrigerant.
3. Use manifold gauges rated for R-410A (800 psi/250
psi low).
WARNING
Failure to conform to these practices
could lead to damage, injury or death.
4. R-410A is a binary blend of HFC-32 and HFC-125.
5. R-410A is nearly azeotropic - similar to R-22 and
R-12. Although nearly azeotropic, charge with
liquid refrigerant.
6. R-410A operates at 40-70% higher pressure than
R-22, and systems designed for R-22 cannot
withstand this higher pressure.
7. R-410A has an ozone depletion potential of zero,
but must be reclaimed due to its global warming
potential.
8. R-410A compressors use Polyol Ester oil.
9. Polyol Ester oil is hygroscopic; it will rapidly absorb
moisture and strongly hold this moisture in the oil.
10. A liquid line dryer must be used - even a deep
vacuum will not separate moisture from the oil.
11. Limit atmospheric exposure to 15 minutes.
12. If compressor removal is necessary, always plug
compressor immediately after removal. Purge with
small amount of nitrogen when inserting plugs.
TOPPING OFF SYSTEM CHARGE
If a leak has occurred in the system, Bard Manufacturing
recommends reclaiming, evacuating (see criteria above),
and charging to the nameplate charge. If done correctly,
topping off the system charge can be done without
problems.
With R-410A, there are no significant changes in the
refrigerant composition during multiple leaks and
recharges. R-410A refrigerant is close to being an
azeotropic blend (it behaves like a pure compound or
single component refrigerant). The remaining
refrigerant charge, in the system, may be used after
leaks have occurred and then “top-off” the charge by
utilizing the charging charts on the inner control panel
cover as a guideline.
Manual 2100-541A
Page
16 of 28
SAFETY PRACTICES:
1. Never mix R-410A with other refrigerants.
2. Use gloves and safety glasses, Polyol Ester oils can
be irritating to the skin, and liquid refrigerant will
freeze the skin.
3. Never use air and R-410A to leak check; the
mixture may become flammable.
4. Do not inhale R-410A – the vapor attacks the
nervous system, creating dizziness, loss of
coordination and slurred speech. Cardiac
irregularities, unconsciousness and ultimate death
can result from breathing this concentration.
5. Do not burn R-410A. This decomposition
produces hazardous vapors. Evacuate the area if
exposed.
6. Use only cylinders rated DOT4BA/4BW 400.
7. Never fill cylinders over 80% of total capacity.
8. Store cylinders in a cool area, out of direct
sunlight.
9. Never heat cylinders above 125°F.
10. Never trap liquid R-410A in manifold sets, gauge
lines or cylinders. R-410A expands significantly
at warmer temperatures. Once a cylinder or line is
full of liquid, any further rise in temperature will
cause it to burst.
START UP (Continued)
IMPORTANT INSTALLER NOTE
PHASE MONITOR
For improved start up performance wash the indoor coil
with a dish washing detergent.
All units with three phase scroll compressors are
equipped with a 3-phase line monitor to prevent
compressor damage due to phase reversal.
HIGH & LOW PRESSURE SWITCH
All T**H wall mounted air conditioner series models are
supplied with a remote reset for the high and low
pressure switch. If tripped, this pressure switch may be
reset by turning the thermostat off then back on again.
THREE PHASE SCROLL COMPRESSOR
START UP INFORMATION
Scroll compressors, like several other types of
compressors, will only compress in one rotational
direction. Direction of rotation is not an issue with
single phase compressors since they will always start
and run in the proper direction.
However, three phase compressors will rotate in either
direction depending upon phasing of the power. Since
there is a 50-50 chance of connecting power in such a
way as to cause rotation in the reverse direction,
verification of proper rotation must be made.
Verification of proper rotation direction is made by
observing that suction pressure drops and discharge
pressure rises when the compressor is energized.
Reverse rotation also results in an elevated sound level
over that with correct rotation, as well as substantially
reduced current draw compared to tabulated values.
The phase monitor in this unit is equipped with two
LEDs. If the Y signal is present at the phase monitor
and phases are correct the green LED will light.
If phases are reversed, the red fault LED will be lit and
compressor operation is inhibited.
If a fault condition occurs, reverse two of the supply
leads to the unit. Do not reverse any of the unit factory
wires as damage may occur.
SERVICE HINTS
1. Caution owner/operator to maintain clean air filters
at all times. Also, not to needlessly close off supply
and return air registers. This reduces airflow
through the system, which shortens equipment
service life as well as increasing operating costs.
2. Check all power fuses or circuit breakers to be sure
they are the correct rating.
3. Periodic cleaning of the outdoor coil to permit full
and unrestricted airflow circulation is essential.
Verification of proper rotation must be made at the
time the equipment is put into service. If improper
rotation is corrected at this time, there will be no
negative impact on the durability of the compressor.
However, reverse operation for over one hour may have
a negative impact on the bearing due to oil pump out.
NOTE: If compressor is allowed to run in reverse rotation
for several minutes, the compressor’s internal
protector will trip.
All three phase ZP compressors are wired identically
internally. As a result, once the correct phasing is
determined for a specific system or installation,
connecting properly phased power leads to the same
Fusite terminal should maintain proper rotation
direction.
The direction of rotation of the compressor may be
changed by reversing any two line connections to the
unit.
Manual
Page
2100-541A
17 of 28
SEQUENCE OF OPERATION
COOLING – Circuit R-Y makes at thermostat pulling in
compressor contactor, starting the compressor and outdoor
motor. The G (indoor motor) circuit is automatically completed
on any call for cooling operation or can be energized by manual
fan switch on subbase for constant air circulation.
HEATING – A 24V solenoid coil on reversing valve
controls heating cycle operation. Two thermostat options,
one allowing “Auto” changeover from cycle to cycle and the
other constantly energizing solenoid coil during heating
season, and thus eliminating pressure equalization noise
except during defrost, are to be used. On “Auto” option a
circuit is completed from R-B and R-Y on each heating “on”
cycle, energizing reversing valve solenoid and pulling in
compressor contactor starting compressor and outdoor
motor. R-G also make starting indoor blower motor. Heat
pump heating cycle now in operation. The second option
has no “Auto” changeover position, but instead energizes the
reversing valve solenoid constantly whenever the system
switch on subbase is placed in “Heat” position, the “B”
terminal being constantly energized from R. A Thermostat
demand for heat completes R-Y circuit, pulling in
compressor contactor starting compressor and outdoor
motor. R-G also make starting indoor blower motor.
PRESSURE SERVICE PORTS
High and low pressure service ports are installed on all units
so that the system operating pressures can be observed.
Pressure tables can be found later in the manual covering all
models. It is imperative to match the correct pressure table
to the unit by model number. See Tables 6A & 6B.
The heat pump defrost control board (HPC) has an option of
30, 60 or 90-minute setting. All models are shipped from
the factory on the 60-minute pin. If special circumstances
require a change to another time, remove the wire from the
60-minute terminal and reconnect to the desired terminal.
The manufacturer’s recommendation is for 60-minute
defrost cycles. Refer to Figure 12.
There is a cycle speed up jumper on the control. This can
be used to reduce the time between defrost cycle operation
without waiting for time to elapse.
Use a small screwdriver or other metallic object, or another
¼ inch QC, to short between the SPEEDUP terminals to
accelerate the HPC timer and initiate defrost.
Be careful not to touch any other terminals with the
instrument used to short the SPEEDUP terminals. It may take
up to 10 seconds with the SPEEDUP terminals shorted for the
speedup to be completed and the defrost cycle to start.
As soon as the defrost cycle kicks in remove the shorting
instrument from the SPEEDUP terminals. Otherwise the
timing will remain accelerated and run through the 1-minute
minimum defrost length sequence in a matter of seconds and
will automatically terminate the defrost sequence.
There is an initiate defrost jumper (sen jump) on the
control that can be used at any outdoor ambient during the
heating cycle to simulate a 0° coil temperature.
This can be used to check defrost operation of the unit without
waiting for the outdoor ambient to fall into the defrost region.
The defrost cycle is controlled by temperature and time on
the solid state heat pump control. See Figure 12.
By placing a jumper across the SEN JMP terminals (a
¼ inch QC terminal works best) the defrost sensor mounted
on the outdoor coil is shunted out and will activate the timing
circuit. This permits the defrost cycle to be checked out in
warmer weather conditions without the outdoor temperature
having to fall into the defrost region.
When the outdoor temperature is in the lower 40°F
temperature range or colder, the outdoor coil temperature is
32°F or below. This coil temperature is sensed by the coil
temperature sensor mounted near the bottom of the outdoor
coil. Once coil temperature reaches 30°F or below, the coil
temperature sensor sends a signal to the control logic of the
heat pump control and the defrost timer will start.
In order to terminate the defrost test the SEN JMP jumper
must be removed. If left in place too long, the compressor
could stop due to the high pressure control opening
because of high pressure condition created by operating in
the cooling mode with outdoor fan off. Pressure will rise
fairly fast as there is likely no actual frost on the outdoor
coil in this artificial test condition.
After 60 minutes at 30°F or below, the heat pump control
will place the system in the defrost mode.
There is also a 5-minute compressor time delay function built
into the HPC. This is to protect the compressor from short
cycling conditions. The board’s LED will have a fast blink rate
when in the compressor time delay. In some instances, it is
helpful to the service technician to override or speed up this
timing period, and shorting out the SPEEDUP terminals for a
few seconds can do this.
DEFROST CYCLE
During the defrost mode, the refrigerant cycle switches back
to the cooling cycle, the outdoor motor stops, electric heaters
are energized, and hot gas passing through the outdoor coil
melts any accumulated frost. When the temperature rises to
approximately 57°F, the coil temperature sensor will send a
signal to the heat pump control which will return the system
to heating operations automatically.
If some abnormal or temporary condition such as a high
wind causes the heat pump to have a prolonged defrost
cycle, the heat pump control will restore the system to
heating operation automatically after 10 minutes.
Manual 2100-541A
Page
18 of 28
Low Pressure Switch Bypass Operation - The control has
a selectable (SW1) low pressure switch bypass set up to
ignore the low pressure switch input during the first (30,
60, 120 or 180 seconds) of “Y” operation.
After this period expires, the control will then monitor the
low pressure switch input normally to make sure that the
switch is closed during “Y” operation.
FIGURE 12
DEFROST CONTROL BOARD
LOW PRESSURE BYPASS TIMER SWITCH
*(FACTORY SETTING 120 SECONDS)
SW SW
1
2 TIME (SEC)
OFF OFF
30
ON OFF
60
OFF ON
120*
ON ON
180
ACCUMULATED DEFROST TIME TIMER
(FACTORY SETTING 60 MIN.)
MIS-2668 A
Manual
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2100-541A
19 of 28
TROUBLESHOOTING
SOLID STATE HEAT PUMP CONTROL
TROUBLESHOOTING PROCEDURE
1. NOTE: A thorough understanding of the defrost
cycle sequence is essential. Review that section
earlier in this manual prior to troubleshooting the
control. Turn on AC power supply to unit.
2. Turn thermostat blower switch to “fan on” – the
indoor blower should start. (If it doesn’t,
troubleshoot indoor unit and correct problem.)
3. Turn thermostat blower to “auto” position. Indoor
blower should stop.
4. Set system switch to “heat” or “cool”. Adjust
thermostat to call for heat or cool. The indoor
blower, compressor and outdoor fan should start.
NOTE: If there was no power to 24 volt transformer,
the compressor and outdoor fan motor will
not start for 5 minutes. This is because of
the compressor short cycle protection.
CODES
Slow Blink
Fast Blink
1 Blink
2 Blink
3 Blink
FUNCTION
Normal Operation
Compressor Time Delay
Low Pressure Switch Failure
High Pressure Switch Failure
Defrost Mode Active
TABLE 3
TROUBLESHOOTING
Symptom
Compressor will
not start (heating
or cooling)
Description, Check & Possible Causes
What & How to Check / Repair
1. Check for LED illumination.
Is there an LED illuminated on the board (flashing)?
Yes = go to Step #2; No = go to Step #3
2. Check for error codes.
Is the LED flashing a Code?
Yes = go to Step #4; No = go to Step #8
3. Check for pow er at board.
Is there 24 volts AC between R and C?
Yes = go to Step #13; No = go to Step #9
4. C h eck co d es.
What code is blinking?
Code "1", go to Step #6; Code "2", go to Step#7; Fast Blink, go to Step #5
5. Compressor delay active.
Check for proper operation; if still needed, go back to Step #1.
Wait for 5 minute delay or jump board's "speed up pins".
6. Low pressure fault.
Check wiring circuit and unit pressures.
7. High pressure fault.
Check wiring circuit and unit pressures.
8. Check for Compressor input signal.
Is there 24 volts AC between Y and C?
Yes = go to Step #10; No = go to Step #11
9. No pow er to board.
The unit either does not have unit voltage, the transformer is bad or the unit wiring is incorrect.
10. Check for Compressor output signal.
Is there 24 volts AC between CC & C?
Yes = go to Step #12; No = go to Step #13
11. No "Y" compressor input signal.
Check thermostat wiring, incorrect phase of unit (see section on Phase Monitor), and finally
unit wiring.
12. No "CC" compressor output signal.
Check compressor contactor for proper operation and finally check compressor.
13. Faulty board.
Replace defrost board.
Fan outdoor motor Heat pump control defective
does not run
(cooling or heating
Motor defective
except during
Motor capacitor defective
defrost)
Check across fan relay on heat pump control. (Com-NC)
Replace heat pump control.
Reversing valve
does not energize
(heating only)
Heat pump control defective
Check for 24V between RV-C and B-C.
1. Check control circuit wiring.
2. Replace heat pump control
Reversing valve solenoid coil defective
Check for open or shorted coil.
Replace solenoid coil.
Unit will not go
into defrost
(heating only)
Temperature sensor or heat pump control defective
Disconnect temperature sensor from board and jumper across "SPEEDUP" terminals and "SEN
JMP" terminals. This should cause the unit to go through a defrost cycle within one minute.
1. If unit goes through defrost cycle, replace temperature sensor.
2. If unit does not go through defrost cycle, replace heat pump control.
Unit will not come
out of defrost
(heating only)
Temperature sensor or heat pump control defective.
Jumper across "SPEEDUP" terminal.
This should cause the unit to come out of defrost within one minute.
1. If unit comes out of defrost cycle, replace temperature sensor.
2. If unit does not come out of defrost cycle, replace heat pump control.
Manual 2100-541A
Page
20 of 28
Check for open or shorted motor winding. Replace motor.
Check capacitor rating. Check for open or shorted capacitor. Replace capacitor.
CHECKING TEMPERATURE SENSOR
OUTSIDE UNIT CIRCUIT
1. Disconnect temperature sensor from board and from
outdoor coil.
2. Use an ohmmeter and measure the resistance of the
sensor. Also use ohmmeter to check for short or
open.
3. Check resistance reading to chart of resistance. Use
sensor ambient temperature. (Tolerance of part is
± 10%.)
4. If sensor resistance reads very low, then sensor is
shorted and will not allow proper operation of the
heat pump control.
5. If sensor is out of tolerance, shorted, open or reads
very low ohms then it should be replaced.
TEMPERATURE F VS. RESISTANCE R OF TEMPERATURE SENSOR
F
-25.0
-24.0
-23.0
-22.0
-21.0
-20.0
-19.0
-18.0
-17.0
-16.0
-15.0
-14.0
-13.0
-12.0
-11.0
-10.0
-9.0
-8.0
-7.0
-6.0
-5.0
-4.0
-3.0
-2.0
-1.0
0.0
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
10.0
11.0
12.0
R
196871
190099
183585
177318
171289
165487
159904
154529
149355
144374
139576
134956
130506
126219
122089
118108
114272
110575
107010
103574
100260
97064
93981
91008
88139
85371
82699
80121
77632
75230
72910
70670
68507
66418
64399
62449
60565
58745
F
13.0
14.0
15.0
16.0
17.0
18.0
19.0
20.0
21.0
22.0
23.0
24.0
25.0
26.0
27.0
28.0
29.0
30.0
31.0
32.0
33.0
34.0
35.0
36.0
37.0
38.0
39.0
40.0
41.0
42.0
43.0
44.0
45.0
46.0
47.0
48.0
49.0
50.0
R
56985
55284
53640
52051
50514
49028
47590
46200
44855
43554
42295
41077
39898
38757
37652
36583
35548
34545
33574
32634
31723
30840
29986
29157
28355
27577
26823
26092
25383
24696
24030
23384
22758
22150
21561
20989
20435
19896
F
53.0
52.0
53.0
54.0
55.0
56.0
57.0
58.0
59.0
60.0
61.0
62.0
63.0
64.0
65.0
66.0
67.0
68.0
69.0
70.0
71.0
72.0
73.0
74.0
75.0
76.0
77.0
78.0
79.0
80.0
81.0
82.0
83.0
84.0
85.0
86.0
87.0
88.0
R
19374
18867
18375
17989
17434
16984
16547
16122
15710
15310
14921
14544
14177
13820
13474
13137
12810
12492
12183
11883
11591
11307
11031
10762
10501
10247
10000
9760
9526
9299
9077
8862
8653
8449
8250
8057
7869
7686
F
89.0
90.0
91.0
92.0
93.0
94.0
95.0
96.0
97.0
98.0
99.0
100.0
101.0
102.0
103.0
104.0
105.0
106.0
107.0
108.0
109.0
110.0
111.0
112.0
113.0
114.0
115.0
116.0
117.0
118.0
119.0
120.0
121.0
122.0
123.0
124.0
Manual
Page
R
7507
7334
7165
7000
6840
6683
6531
6383
6239
6098
5961
5827
5697
5570
5446
5326
5208
5094
4982
4873
4767
4663
4562
4464
4367
4274
4182
4093
4006
3921
3838
3757
3678
3601
3526
3452
2100-541A
21 of 28
TROUBLESHOOTING
FAN BLADE SETTING DIMENSIONS
R-410A
Shown in Figure 13 is the correct fan blade setting for
proper air delivery across the outdoor coil. Refer to
Table 4 for unit specific dimension.
REFRIGERANT CHARGE
Any service work requiring removal or adjustment in
the fan and/or motor area will require that the
dimensions below be checked and blade adjusted in or
out on the motor shaft accordingly.
FIGURE 13
FAN BLADE SETTING
The correct system R-410A charge is shown on the unit
rating plate. Optimum unit performance will occur with
a refrigerant charge shown on the unit serial plate.
See Pressure Tables and Subcooling or Superheat
Tables for nominal pressures and temperatures. These
can only be used as a guide for evaluating proper
charge. They shall not be used to adjust charge. If
charge is in doubt - reclaim, evacuate and recharge to
serial plate charge.
TABLE 5A
REFRIGERANT CHARGE
AIRFLOW
SUPERHEAT
COOLING
SUBCOOLING
HEATING
Rated
95°F OD
82°F OD
47°F OD
17°F OD
Model Airflow Temperature Temperature Temperature Temperature
"A"
MIS-1724
TABLE 4
FAN BLADE DIMENSION
Model
Dimension A
T24H
T30H
1.25"
T36H
T42H
T48H
T60H
1.75"
T24H
800
12 - 15
14 - 18
12 - 15
16 - 19
T30H
900
11 - 14
14 - 18
14 - 17
15 - 18
T36H
1100
10 - 14
15 - 19
10 - 13
11 - 14
T42H
1250
10 - 14
14 - 18
18 - 21
19 - 22
T48H
1550
18 - 20
23 - 25
4-6
7 - 10
T60H
1650
20 - 23
25 - 27
4-6
7 - 10
TABLE 5B
REFRIGERANT CHARGE
SUBCOOLING
COOLING
SUBCOOLING
HEATING
Rated
95°F OD
82°F OD
47°F OD
17°F OD
Model Airflow Temperature Temperature Temperature Temperature
T24H1D
800
18 - 21
14 - 17
13 - 16
16 - 19
T30H1D
900
12 - 15
13 - 16
8 - 10
11 - 14
T36H1D
1100
8 - 10
9 - 11
12 - 15
14 - 17
2. Remove the screws holding both grilles, one on each
side of unit, and remove grilles.
T42H1D
1250
6-9
13 - 15
23 - 25
23 - 25
T48H1D
1550
7-9
7-9
24 - 27
28 - 31
3. Remove screws holding fan shroud to condenser and
bottom. Nine (9) screws.
T60H1D
1650
16 - 19
13 - 15
5-8
7-9
REMOVAL OF FAN SHROUD
1. Disconnect all power to the unit.
4. Unwire condenser fan motor.
5. Slide complete motor, fan blade, and shroud
assembly out the left side of the unit.
6. Service motor/fan as needed.
7. Reverse steps to reinstall.
Manual 2100-541A
Page
22 of 28
TABLE 6A
COOLING PRESSURE TABLE
Model
T24H
T30H
T36H
T42H
T48H
T60H
Air Temperature Entering Outdoor Coil °F
Return Air
Temperature
Pressure
75 deg. D B
62 deg. WB
Low S i de
High Side
131
306
133
321
135
337
137
357
138
377
140
400
142
425
143
451
145
480
147
510
80 deg. D B
67 deg. WB
Low S i de
High Side
140
314
142
329
144
346
146
366
148
387
150
410
152
436
153
463
155
492
157
523
85 deg. D B
72 deg. WB
Low S i de
High Side
145
325
147
341
149
358
151
379
153
401
155
424
157
451
158
479
160
509
162
541
75 deg. D B
62 deg. WB
Low S i de
High Side
127
319
129
335
131
354
133
373
135
395
137
417
137
442
139
468
140
495
141
525
80 deg. D B
67 deg. WB
Low S i de
High Side
136
327
138
344
140
363
142
383
144
405
146
428
147
453
149
480
150
508
151
538
85 deg. D B
72 deg. WB
Low S i de
High Side
141
338
143
356
145
376
147
396
149
419
151
443
152
469
154
497
155
526
156
557
75 deg. D B
62 deg. WB
Low S i de
High Side
133
313
135
327
137
342
138
361
139
382
141
406
143
432
145
461
147
492
149
527
80 deg. D B
67 deg. WB
Low S i de
High Side
142
321
144
335
146
351
148
370
149
392
151
416
153
443
155
473
157
505
159
540
85 deg. D B
72 deg. WB
Low S i de
High Side
147
332
149
347
151
363
153
383
154
406
156
431
158
459
160
490
162
523
165
559
75 deg. D B
62 deg. WB
Low S i de
High Side
131
315
132
331
134
348
136
368
137
388
139
410
142
435
144
461
146
489
149
520
80 deg. D B
67 deg. WB
Low S i de
High Side
140
323
141
339
143
357
145
377
147
398
149
421
152
446
154
473
156
502
159
533
85 deg. D B
72 deg. WB
Low S i de
High Side
145
334
146
351
148
369
150
390
152
412
154
436
157
462
159
490
161
520
165
552
75 deg. D B
62 deg. WB
Low S i de
High Side
133
325
136
341
137
360
139
379
141
401
142
424
144
449
145
477
147
505
148
535
80 deg. D B
67 deg. WB
Low S i de
High Side
142
333
145
350
147
369
149
389
151
411
152
435
154
461
155
489
157
518
158
549
85 deg. D B
72 deg. WB
Low S i de
High Side
147
345
150
362
152
382
154
403
156
425
157
450
159
477
160
506
162
536
164
568
75 deg. D B
62 deg. WB
Low S i de
High Side
129
353
130
362
132
374
133
390
134
410
136
432
137
458
137
488
139
522
140
559
80 deg. D B
67 deg. WB
Low S i de
High Side
138
362
139
371
141
384
142
400
143
420
145
443
146
470
147
501
149
535
150
573
85 deg. D B
72 deg. WB
Low S i de
High Side
143
375
144
384
146
397
147
414
148
435
150
459
151
486
152
519
154
554
155
593
75
80
85
90
95
100
105
110
115
120
Low side pressure ± 4 PSIG
High side pressure ± 10 PSIG
Tables are based upon rated CFM (airflow) across the evaporator coil. If there is any doubt as to correct operating charge being in the system, the charge
should be removed, system evacuated and recharged to serial plate charge weight.
NOTE: Pressure table based on high speed condenser fan operation. If condensing pressures appear elevated check condenser fan wiring.
See “Condenser Fan Operation”.
TABLE 6B
HEATING PRESSURES – (ALL TEMPERATURES °F)
Model
Return Air
Temperature
T24H
Pressure
0
5
10
15
20
25
30
35
40
45
50
55
60
65
70 deg.
Low S i de
High Side
38
267
45
274
53
281
60
289
68
297
76
305
84
313
92
322
99
330
107
339
116
349
124
358
132
368
140
378
T30H
70 deg.
Low S i de
High Side
34
259
42
271
50
283
57
294
65
305
72
316
80
327
87
338
94
348
101
358
108
368
116
378
123
387
130
396
T36H
70 deg.
Low S i de
High Side
47
270
50
273
54
276
59
281
64
287
70
294
77
302
84
311
93
322
102
334
112
347
123
361
134
376
146
392
T42H
70 deg.
Low S i de
High Side
40
294
45
296
51
299
57
305
63
311
70
319
78
329
85
340
93
353
102
368
110
384
119
401
129
420
139
441
T48H
70 deg.
Low S i de
High Side
39
260
45
264
50
268
56
273
62
279
69
285
76
293
84
300
92
309
100
319
108
329
117
339
127
351
137
363
T60H
70 deg.
Low S i de
High Side
20
225
31
247
42
267
52
285
61
301
70
315
79
327
86
337
93
345
100
350
106
354
111
355
116
355
120
352
Manual
Page
2100-541A
23 of 28
TABLE 7A
Electrical Specifications — T**H Series
Single Circuit
Models
T24H1-A00, A0Z
-A04
4 -AS8
7 -AF8
T24H1-B00, B0Z
-B06
-B09
T24H1-C0Z
-C06
-C09
T30H1-A00, A0Z
-A04
4 -AS8
7 -AF8
T30H1-B00, B0Z
-B06
-B09
T30H1-C0Z
-C06
-C09
T36H1-A00, A0Z
-A05
-A08
-A10
5 -A15
T36H1-B00, B0Z
-B06
-B09
6 -B15
T36H1-C0Z
-C06
-C09
6 -C15
T42H1-A00, A0Z
-A05
-A08
-A10
5 -A15
T42H1-B00, B0Z
-B06
-B09
6 -B15
T42H1-C0Z
-C06
-C09
6 -C15
T48H1-A00, A0Z
-A05
-A08
-A10
5 -A15
T48H1-B00, B0Z
-B06
-B09
6 -B15
T48H1-C0Z
-C06
-C09
6 -C15
T60H1-A00, A0Z
-A05
-A10
5 -A15
5 -A20
T60H1-B00, B0Z
-B06
-B09
6 -B15
6 -B18
T60H1-C0Z
-C06
-C09
6 -C15
6 -C18
Rated
Volts, HZ
and Phase
No. of
Minimum Maximum
Field
Field
Ground
Circuit External Fuse Power
Power
Ampacity or Circuit Wire Size Wire Size
Circuits
3
1
Breaker 2
3
230/208-60-1
1
230/208-60-3
460-60-3
230/208-60-1
1
230/208-60-3
460-60-3
230/208-60-1
1
1
1
230/208-60-3
460-60-3
230/208-60-1
1
1
1
230/208-60-3
460-60-3
230/208-60-1
1
1
1
1
230/208-60-3
460-60-3
230/208-60-1
230/208-60-3
460-60-3
Multiple Circuit
1
1
1
1
1
1
1
or 2
1
1
1
1
1
1
1
1
1
or 2
1
1
1
1
1
1
1
1
or 2
or 2
or 2
1
1
1
1
1
1
1
1
1
1
or 2
or 2
or 2
1
1
1
1
1
1
1
1
1
or 2
or 2
or 2
or 2
1
1
1
1
1
1
1
1
1
or 2
or 2
or 2
or 3
1
1
1
1
2
1
1
1
1
1
24
45
48
65
16
34
42
9
18
23
24
45
48
66
18
36
45
10
19
24
29
55
70
81
85
21
39
48
52
12
21
26
27
31
57
73
83
86
26
44
53
53
13
22
26
27
37
63
79
89
89
27
45
54
55
15
24
28
29
44
70
96
96
113
31
49
58
58
N/A
16
25
29
29
34
35
50
50
70
20
35
45
15
20
25
35
50
50
70
25
40
45
15
20
25
40
60
70
90
90
30
45
50
60
15
25
30
30
40
60
80
90
90
35
50
60
60
15
25
30
30
50
70
90
100
100
40
50
60
60
20
25
30
30
60
80
100
100
125
45
60
60
60
N/A
20
30
30
30
35
8
8
8
6
12
8
8
14
12
10
8
8
8
4
10
8
8
14
12
10
8
6
4
4
4
10
8
6
6
14
10
10
10
8
6
4
4
3
8
8
6
6
12
10
10
10
8
6
4
3
3
8
8
6
6
12
10
10
10
8
4
3
3
2
8
8
6
6
N/A
12
10
10
10
8
10
10
10
8
12
10
10
14
12
10
10
10
10
8
10
10
10
14
12
10
10
10
8
8
8
10
10
10
10
14
10
10
10
10
10
8
8
8
10
10
10
10
12
10
10
10
10
8
8
8
8
10
10
10
10
12
10
10
10
10
8
8
8
6
10
10
10
10
N/A
12
10
10
10
10
Max. Circuit
Exterior Fuse or
Crt. Bkr.2
Min. Circuit
Ampacity1
Ckt. A
Ckt. B
24
Ckt. C
Ckt. A
Ckt. B
42
35
24
42
29
29
33
Ckt. A
Ckt. B
45
8
35
45
42
52
52
40
40
40
31
31
34
42
52
52
37
37
37
37
Ground
Wire Size3
Ckt. A
Ckt. B
8
10
10
8
8
10
10
45
60
60
8
8
8
8
6
6
10
10
10
10
10
10
40
40
40
45
60
60
8
8
8
8
6
6
10
10
10
10
10
10
26
42
52
52
50
50
50
50
30
50
60
60
8
8
8
8
10
8
6
6
10
10
10
10
10
10
10
10
44
44
44
44
26
52
52
52
50
50
50
50
30
60
60
60
8
8
8
8
10
6
6
6
10
10
10
10
10
10
10
10
58
28
60
30
6
10
10
10
26
Ckt. C
Field Power
Wire Size3
30
Ckt. C
10
Ckt. C
10
1 These “Minimum Circuit Ampacity” values are to be used for sizing the field power conductors. Refer to the National Electrical Code (latest version), Article
310 for power conductor sizing.
Caution: When more than one field power circuit is run through one conduit, the conductors must be derated. Pay special attention to note 8 of Table 310
regarding Ampacity Adjustment Factors when more than three (3) conductors are in a raceway.
2 Maximum size of the time delay fuse or HACR type circuit breaker for protection of field wiring conductors.
3 Based on 75°C copper wire. All wiring must conform to the National Electrical Code and all local codes.
4 Maximum KW that can operate with the heat pump on is 4KW. Full heat available during Emergency Heat Mode.
5 Maximum KW that can operate with the heat pump on is 10KW. Full heat available during Emergency Heat Mode.
6 Maximum KW that can operate with the heat pump on is 9KW. Full heat available during Emergency Heat Mode.
7 Maximum KW that can operate with the heat pump on is 8KW. Full heat available during Emergency Heat Mode.
IMPORTANT: While this electrical data is presented as a guide, it is important to electrically connect properly sized fuses & conductor wires in accordance w/the Nat'l. Electrical Code & all local codes.
Manual 2100-541A
Page
24 of 28
TABLE 7B
Electrical Specifications — T**H Series Dehumidification
Single Circuit
Models
T24H1DA00, A0Z
D A 04
4 D AS8
7 D A F8
T24H1DB00, B0Z
D B 06
D B 09
T24H1DC0Z
D C 06
D C 09
T30H1DA00, A0Z
D A 04
4 D AS8
7 D A F8
T30H1DB00, B0Z
D B 06
D B 09
T30H1DC0Z
D C 06
D C 09
T36H1DA00, A0Z
D A 05
D A 08
D A 10
5 D A 15
T36H1DB00, B0Z
D B 06
D B 09
6 D B 15
T36H1DC0Z
D C 06
D C 09
6 D C 15
T42H1DA00, A0Z
D A 05
D A 08
D A 10
5 D A 15
T42H1DB00, B0Z
D B 06
D B 09
6 D B 15
T42H1DC0Z
D C 06
D C 09
6 D C 15
T48H1DA00, A0Z
D A 05
D A 08
D A 10
5 D A 15
T48H1DB00, B0Z
D B 06
D B 09
6 D B 15
T48H1DC0Z
D C 06
D C 09
6 D C 15
T60H1DA00, A0Z
D A 05
D A 10
5 D A 15
5 D A 20
T60H1DB00, B0Z
D B 06
D B 09
6 D B 15
6 D B 18
T60H1DC0Z
D C 06
D C 09
6 D C 15
6 D C 18
Rated
Volts, HZ
and Phase
No. of
Minimum Maximum
Field
Field
Ground
Circuit External Fuse Power
Power
Ampacity or Circuit Wire Size Wire Size
Circuits
3
1
Breaker 2
3
230/208-60-1
1
230/208-60-3
460-60-3
230/208-60-1
1
230/208-60-3
460-60-3
230/208-60-1
1
1
1
230/208-60-3
460-60-3
230/208-60-1
1
1
1
230/208-60-3
460-60-3
230/208-60-1
1
1
1
1
230/208-60-3
460-60-3
230/208-60-1
230/208-60-3
460-60-3
Multiple Circuit
1
1
1
1
1
1
1
or 2
1
1
1
1
1
1
1
1
1
or 2
1
1
1
1
1
1
1
1
or 2
or 2
or 2
1
1
1
1
1
1
1
1
1
1
or 2
or 2
or 2
1
1
1
1
1
1
1
1
1
or 2
or 2
or 2
or 2
1
1
1
1
1
1
1
1
1
or 2
or 2
or 2
or 3
1
1
1
1
2
1
1
1
1
1
24
45
48
65
16
34
42
9
18
23
24
45
48
66
18
36
45
10
19
24
29
55
70
81
85
21
39
48
52
12
21
26
27
31
57
73
83
86
26
44
53
53
13
22
26
27
37
63
79
89
89
27
45
54
55
15
24
28
29
44
70
96
96
113
31
49
58
58
N/A
16
25
29
29
34
35
50
50
70
20
35
45
15
20
25
35
50
50
70
25
40
45
15
20
25
40
60
70
90
90
30
45
50
60
15
25
30
30
40
60
80
90
90
35
50
60
60
15
25
30
30
50
70
90
100
100
40
50
60
60
20
25
30
30
60
80
100
100
125
45
60
60
60
N/A
20
30
30
30
35
8
8
8
6
12
8
8
14
12
10
8
8
8
4
10
8
8
14
12
10
8
6
4
4
4
10
8
6
6
14
10
10
10
8
6
4
4
3
8
8
6
6
12
10
10
10
8
6
4
3
3
8
8
6
6
12
10
10
10
8
4
3
3
2
8
8
6
6
N/A
12
10
10
10
8
10
10
10
8
12
10
10
14
12
10
10
10
10
8
10
10
10
14
12
10
10
10
8
8
8
10
10
10
10
14
10
10
10
10
10
8
8
8
10
10
10
10
12
10
10
10
10
8
8
8
8
10
10
10
10
12
10
10
10
10
8
8
8
6
10
10
10
10
N/A
12
10
10
10
10
Max. Circuit
Exterior Fuse or
Crt. Bkr.2
Min. Circuit
Ampacity1
Ckt. A
Ckt. B
24
Ckt. C
Ckt. A
Ckt. B
42
35
24
42
29
29
33
Ckt. A
Ckt. B
45
8
35
45
42
52
52
40
40
40
31
31
34
42
52
52
37
37
37
37
Ground
Wire Size3
Ckt. A
Ckt. B
8
10
10
8
8
10
10
45
60
60
8
8
8
8
6
6
10
10
10
10
10
10
40
40
40
45
60
60
8
8
8
8
6
6
10
10
10
10
10
10
26
42
52
52
50
50
50
50
30
50
60
60
8
8
8
8
10
8
6
6
10
10
10
10
10
10
10
10
44
44
44
44
26
52
52
52
50
50
50
50
30
60
60
60
8
8
8
8
10
6
6
6
10
10
10
10
10
10
10
10
58
28
60
30
6
10
10
10
26
Ckt. C
Field Power
Wire Size3
30
Ckt. C
10
Ckt. C
10
1 These “Minimum Circuit Ampacity” values are to be used for sizing the field power conductors. Refer to the National Electrical Code (latest version), Article
310 for power conductor sizing.
Caution: When more than one field power circuit is run through one conduit, the conductors must be derated. Pay special attention to note 8 of Table 310
regarding Ampacity Adjustment Factors when more than three (3) conductors are in a raceway.
2 Maximum size of the time delay fuse or HACR type circuit breaker for protection of field wiring conductors.
3 Based on 75°C copper wire. All wiring must conform to the National Electrical Code and all local codes.
4 Maximum KW that can operate with the heat pump on is 4KW. Full heat available during Emergency Heat Mode.
5 Maximum KW that can operate with the heat pump on is 10KW. Full heat available during Emergency Heat Mode.
6 Maximum KW that can operate with the heat pump on is 9KW. Full heat available during Emergency Heat Mode.
7 Maximum KW that can operate with the heat pump on is 8KW. Full heat available during Emergency Heat Mode.
IMPORTANT: While this electrical data is presented as a guide, it is important to electrically connect properly sized fuses & conductor wires in accordance w/the Nat'l. Electrical Code & all local codes.
Manual
Page
2100-541A
25 of 28
TABLE 8
T**H INDOOR BLOWER PERFORMANCE - CFM (0.00" — 0.50" H20) 1
Model
Rated
ESP
1
Max ESP
2
Blow er Only
Except for
CRVMP
Vent Options
3
Blow er Only
4
4
for
Cooling
Electric Heat
CRVMP
& Heat Pump
Vent Options
T24H
.10
.50
800
650
800
1000
T30H
.10
.50
900
700
900
1000
T36H
.15
.50
1100
800
1100
1100
T42H
.15
.50
1250
825
1250
1250
T48H
.20
.50
1550
825
1550
1550
T60H
.20
.50
1650
850
1650
1650
NOTE: These units are equipped with a variable speed (ECM) indoor motor that automatically adjusts itself to maintain approximately
the same rate of indoor airflow in both heating & cooling, dry & wet coil conditions and at both 230/208 or 460 volts.
1 Maximum ESP (inches WC) shown is with 2" thick disposable filter.
2 Blower only CFM is the total air being circulated during continuous fan mode. Airflow remains constant.
3 Blower only CFM reduces during continuous fan mode. Requires wiring modification; consult Installation Instructions & Wiring Diagram.
4 CFM output on Cooling or Electric Heat.
Manual 2100-541A
Page
26 of 28
TROUBLESHOOTING GE ECM™ MOTORS
CAUTION:
Symptom
Cause/Procedure
Disconnect power from unit before removing or replacing
connectors, or servicing motor. To avoid electric shock
from the motor’s capacitors, disconnect power and wait at
least 5 minutes before opening motor.
• Noisy blower or cabinet
• Check for loose blower housing, panels, etc.
• High static creating high blower speed?
- Check for air whistling through seams in
ducts, cabinets or panels
- Check for cabinet/duct deformation
Symptom
Cause/Procedure
Motor rocks slightly
when starting
• This is normal start-up for ECM
• “Hunts” or “puffs” at
high CFM (speed)
• Does removing panel or filter reduce
“puffing”?
- Reduce restriction
- Reduce max. airflow
Motor won’t start
• No movement
• Check blower turns by hand
• Check power at motor
• Check low voltage (24 Vac R to C) at motor
• Check low voltage connections
(G, Y, W, R, C) at motor
• Check for unseated pins in connectors on
motor harness
• Test with a temporary jumper between R - G
• Check motor for tight shaft
• Perform motor/control replacement check
• Perform Moisture Check
• Motor rocks,
but won’t start
Motor oscillates up
load & down while being
tested off of blower
Motor starts, but
runs erratically
• Varies up and down
or intermittent
• Check for loose or compliant motor mount
• Make sure blower wheel is tight on shaft
• Perform motor/control replacement check
• It is normal for motor to oscillate with no
on shaft
• Check line voltage for variation or “sag”
• Check low voltage connections
(G, Y, W, R, C) at motor, unseated pins in
motor harness connectors
• Check “Bk” for erratic CFM command (in
variable-speed applications)
• Check out system controls, Thermostat
• Perform Moisture Check
Evidence of Moisture
• Motor failure or
Check
malfunction has occurred
and moisture is present
• Evidence of moisture
present inside air mover
• Perform Moisture Check
Do
Don’t
• Check out motor, controls,
wiring and connections
thoroughly before replacing
motor
• Orient connectors down so
water can’t get in
- Install “drip loops”
• Use authorized motor and
model #’s for replacement
• Keep static pressure to a
minimum:
- Recommend high
efficiency, low static filters
- Recommend keeping filters
clean.
- Design ductwork for min.
static, max. comfort
- Look for and recommend
ductwork improvement,
where necessary
• Automatically assume the motor is bad.
• “Hunts” or “puffs” at
high CFM (speed)
• Does removing panel or filter reduce
“puffing”?
- Reduce restriction
- Reduce max airflow
• Size the equipment wisely
• Stays at low CFM
despite system call
for cool or heat CFM
• Check low voltage (Thermostat) wires and
connections
• Verify fan is not in delay mode; wait until
delay complete
• “R” missing/not connected at motor
• Perform motor/control replacement check
Moisture Check
• Stays at high CFM
• “R” missing/not connected at motor
• Is fan in delay mode? - wait until delay time
complete
• Perform motor/control replacement check
• Blower won’t shut off
• Current leakage from controls into G, Y or W?
Check for Triac switched thermostat or solidstate relay
Excessive noise
• Determine if it’s air noise, cabinet, duct or
motor noise; interview customer, if necessary
• High static creating high blower speed?
- Is airflow set properly?
- Does removing filter cause blower to slow
down? Check filter
- Use low-pressure drop filter
- Check/correct duct restrictions
• Air noise
• Replace motor and Perform Moisture
• Locate connectors above 7 and 4 o’clock
positions
• Replace one motor or control model # with
another (unless an authorized replacement)
• Use high pressure drop filters some have ½"
H20 drop!
• Use restricted returns
• Oversize system, then compensate with low
airflow
• Check orientation before
• Plug in power connector backwards
inserting motor connectors • Force plugs
• Connectors are oriented “down” (or as recommended by equipment
manufacturer)
• Arrange harness with “drip loop” under motor
• Is condensate drain plugged?
• Check for low airflow (too much latent capacity)
• Check for undercharged condition
• Check and plug leaks in return ducts, cabinet
Comfort Check
• Check proper airflow settings
• Low static pressure for lowest noise
• Set low continuous-fan CFM
• Use humidistat and 2-speed cooling units
• Use zoning controls designed for ECM that regulate CFM
• Thermostat in bad location?
Manual
Page
2100-541A
27 of 28
TROUBLESHOOTING GE ECM™ MOTORS CONT’D.
Replacing ECM Control Module
To replace the control module for the GE variable-speed indoor blower motor
you need to take the following steps:
1. You MUST have the correct replacement module. The controls are
factory programmed for specific operating modes. Even though they look
alike, different modules may have completely different functionality.
USING THE WRONG CONTROL MODULE VOIDS ALL PRODUCT
WARRANTIES AND MAY PRODUCE UNEXPECTED RESULTS.
2. Begin by removing AC power from the furnace or air handler being
serviced. DO NOT WORK ON THE MOTOR WITH AC POWER
APPLIED. To avoid electric shock from the motor’s capacitors, disconnect
power and wait at least 5 minutes before opening motor.
3. It is usually not necessary to remove the motor from the blower
assembly. However, it is recommended that the whole blower assembly,
with the motor, be removed from the furnace/air handler. (Follow the
manufacturer’s procedures). Unplug the two cable connectors to the motor.
There are latches on each connector. DO NOT PULL ON THE WIRES.
The plugs remove easily when properly released.
4. Locate the two standard ¼" hex head bolts at the rear of the control
housing (at the back end of the control opposite the shaft end). Refer to
Figure 14. Remove these two bolts from the motor and control
assembly while holding the motor in a way that will prevent the motor
or control from falling when the bolts are removed. If an ECM2.0
control is being replaced (recognized by an aluminum casting rather
that a deep-drawn black steel can housing the electronics), remove only
the hex-head bolts. DO NOT REMOVE THE TORX-HEAD
SCREWS.
5. The control module is now free of mechanical attachment to the
motor endshield but is still connected by a plug and three wires inside
the control. Carefully rotate the control to gain access to the plug at the
control end of the wires. With thumb and forefinger, reach the latch
holding the plug to the control and release it by squeezing the latch tab
and the opposite side of the connector plug and gently pulling the plug
out of the connector socket in the control. DO NOT PULL ON THE
WIRES. GRIP THE PLUG ONLY.
6. The control module is now completely detached from the motor.
Verify with a standard ohmmeter that the resistance from each motor
lead (in the motor plug just removed) to the motor shell is >100K ohms.
Refer to Figure 15. (Measure to unpainted motor end plate.) If any
motor lead fails this test, do not proceed to install the control module.
THE MOTOR IS DEFECTIVE AND MUST BE REPLACED.
Installing the new control module will cause it to fail also.
7. Verify that the replacement control is correct for your application.
Refer to the manufacturer's authorized replacement list. USING THE
WRONG CONTROL WILL RESULT IN IMPROPER OR NO
BLOWER OPERATION. Orient the control module so that the 3wire motor plug can be inserted into the socket in the control.
Carefully insert the plug and press it into the socket until it latches. A
SLIGHT CLICK WILL BE HEARD WHEN PROPERLY
INSERTED. Finish installing the replacement control per one of the three
following paragraphs, 8a, 8b or 8c.
8a. IF REPLACING AN ECM 2.0 CONTROL (control in cast
aluminum can with air vents on the back of the can) WITH AN ECM
2.3 CONTROL (control containing black potting for water protection
in black deep-drawn steel case with no vents in the bottom of the can),
locate the two through-bolts and plastic tab that are packed with the
replacement control. Insert the plastic tab into the slot at the perimeter
of the open end of the can so that the pin is located on the inside of the
perimeter of the can. Rotate the can so that the tab inserts into the tab
locator hole in the endshield of the motor. Using the two through-bolts
provided with the replacement control, reattach the can to the motor.
THE TWO THROUGH-BOLTS PROVIDED WITH THE
REPLACEMENT ECM 2.3 CONTROL ARE SHORTER THAN
THE BOLTS ORIGINALLY REMOVED FROM THE ECM 2.0
CONTROL AND MUST BE USED IF SECURE ATTACHMENT
OF THE CONTROL TO THE MOTOR IS TO BE ACHIEVED.
DO NOT OVERTIGHTEN THE BOLTS.
Manual 2100-541A
Page
28 of 28
8b. IF REPLACING AN ECM 2.3 CONTROL WITH AN ECM
2.3 CONTROL, the plastic tab and shorter through-bolts are not needed.
The control can be oriented in two positions 180° apart. MAKE SURE
THE ORIENTATION YOU SELECT FOR REPLACING THE
CONTROL ASSURES THE CONTROL'S CABLE CONNECTORS
WILL BE LOCATED DOWNWARD IN THE APPLICATION SO
THAT WATER CANNOT RUN DOWN THE CABLES AND INTO
THE CONTROL. Simply orient the new control to the motor's
endshield, insert bolts, and tighten. DO NOT OVERTIGHTEN THE
BOLTS.
8c. IF REPLACING AN ECM 2.0 CONTROL WITH AN ECM 2.0
CONTROL (It is recommended that ECM 2.3 controls be used for all
replacements), the new control must be attached to the motor using
through bolts identical to those removed with the original control. DO
NOT OVERTIGHTEN THE BOLTS.
9. Reinstall the blower/motor assembly into the HVAC equipment.
Follow the manufacturer's suggested procedures.
10. Plug the 16-pin control plug into the motor. The plug is keyed.
Make sure the connector is properly seated and latched.
11. Plug the 5-pin power connector into the motor. Even though the
plug is keyed, OBSERVE THE PROPER ORIENTATION. DO NOT
FORCE THE CONNECTOR. It plugs in very easily when properly
oriented. REVERSING THIS PLUG WILL CAUSE IMMEDIATE
FAILURE OF THE CONTROL MODULE.
12. Final installation check. Make sure the motor is installed as follows:
a. Unit is as far INTO the blower housing as possible.
b.Belly bands are not on the control module or covering vent holes.
c. Motor connectors should be oriented between the 4 o’clock and 8
o’clock positions when the blower is positioned in its final
location and orientation.
d.Add a drip loop to the cables so that water cannot enter the motor
by draining down the cables. Refer to Figure 16.
The installation is now complete. Reapply the AC power to the HVAC
equipment and verify that the new motor control module is working
properly. Follow the manufacturer's procedures for disposition of the old
control module.
Figure 415
Figure
Winding Test
Figure
Figure14
3
Control Disassembly
Motor Connector
(3-pin)
Only remove
From Motor
Hex Head Bolts Push until
Latch Seats
Over Ramp
Circuit
Board
Motor
ECM 2.0
Motor OK when
R > 100k ohm
Note:
Use the shorter
bolts and
alignment pin
supplied when
replacing an
ECM 2.0
control.
Figure
Figure16
5
Drip Loop
ECM
2.3/2.5
Motor Connector
(3-pin)
Back of
Control
Connector Orientation
Between 4 and 8 o'clock
Control Connector
(16-pin)
Power Connector
(5-pin)
Hex-head Screws
Drip Loop
THE WALL-MOUNTTM “QUIET CLIMATE” HEAT PUMPS
Models: T24H to T60H
Up to 11.2 EER
Heating Capacities: 22,200 to 54,000 BTUH
Cooling Capacities: 22,400 to 57,500 BTUH
Green Refrigerant
R-410A
The Bard Wall-Mount Heat Pump is a self-contained energy efficient heating and cooling
system, which is designed to offer maximum indoor comfort at a minimal cost without
using valuable indoor floor space or outside ground space. This unit is the ideal product
for versatile applications such as: new construction, modular offices, school modernization,
telecommunication structures, portable structures or correctional facilities. Factory or field
installed accessories are available to meet specific job requirements.
Engineered Features
Copper Tube / Aluminum Fin Coils:
Grooved copper tubing and enhanced
aluminum fins provide maximum heat transfer
and high energy efficiency. Evaporator coil
constructed with hydrophilic fin stock that
seals fin surface against aluminum oxide
formation, is resistant to mold and mildew
growth (tested to ASTM D3273, no growth)
and reduces beading of condensate on the fin
surface. Optional phenolic-coated coils are
also available.
Twin Blowers:
Move air quietly. All models feature variable
speed blower motors providing airflow adjustment
for high and low static operation. Motor overload
protection is standard on all models.
ECM Indoor Blower Motor:
Features a variable speed motor providing
super-high efficiency, low sound levels and
soft-start capabilities. The motor is selfadjusting to provide the proper airflow rate
for the staged capacity, and for higher static
pressure in ducted installations without user
adjustment or wiring changes.
Heat Pump Compressor:
Scroll Compressors are standard on all 2 to
5 ton models. Eliminates need for crankcase
heater.
Double isolated floating compressor mounting
system and compressor sound blanket for
reduced outdoor sound level.
Phase Rotation Monitor:
Standard on all 3 phase scroll compressors.
Protects against reverse rotation if power
supply is not properly connected.
R-410A Refrigerant:
Designed with R-410A (HFC) non-ozone
depleting refrigerant in compliance with the
Montreal protocol and 2010 EPA requirements.
Liquid Line Filter Drier:
Standard on all units. Protects system against
moisture.
Galvanized 20 Gauge Zinc Coated Steel
Cabinet:
Cleaned, rinsed, sealed and dried before the
polyurethane primer is applied. The cabinet is
handsomely finished with a baked on, beige
textured enamel, which allows it to withstand
1000 hours of salt spray tests per ASTM B117-03.
Stainless Steel cabinets available.
Foil Faced Insulation:
Standard on all units.
Electrical Components:
Are easily accessible for routine inspection
and maintenance through a right side, service
panel opening. Features a lockable, hinged
access cover to the circuit breaker or rotary
disconnect switch.
Electric Heat Strips:
Features an automatic limit and thermal
cut-off safety control. Heater packages are
factory or field installed for all 2 through 5
ton models. Features easy slide-in field
assembly with various BTUH outputs.
Condenser Fan and Motor
Shroud Assembly:
Slide out for easy access.
Filter Service Door:
Separate service door provides easy access
for filter change.
One Inch, Disposable Air Filters:
Are standard equipment. Optional one inch
washable filters available and filter racks
permit the addition of 2" pleated filter. Factory
or field installed.
Solid State Electronic Heat Pump
Control:
Provides efficient 30, 60 or 90 minute defrost
cycle. A thermistor sensor, speed up terminal
for service and 10 minute defrost override are
standard on the electronic heat pump control.
High & Low Pressure Switches are AutoReset:
Standard on all units. Built-in lockout
circuit resets from the room thermostat.
Provides commercial quality protection to the
compressor.
Five Minute Compressor Time Delay:
Short cycle protection is standard. Built into
the heat pump control.
Built-in Circuit Breakers:
Standard on all electric heat versions of single
and three phase (230/208 volt) equipment.
Rotary disconnects are standard on all
electric heat versions of three phase (460
volt) equipment.
Slope Top:
Standard feature for water run-off.
Full Length Mounting Brackets:
Built into cabinet for improved appearance
and easy installation.
NOTE: Bottom mounting bracket included to
assist in installation.
Top Rain Flashing:
Standard feature on all models.
Ventilation System Packages
Six ventilation options are available.
See Page 3 for details on these options.
Emergency Heat Circuit:
Permits continuous operation of the
system.
Barometric Fresh Air Damper:
Standard on all units. Allows up to 25%
outside fresh air. Not installed if other
optional vent packages selected.
•Complies with efficiency requirements of ANSI/ASHRAE/IESNA 90.1-2010.
•Certified to ANSI/ARI Standard 390-2003 for SPVU (Single Package Vertical Units).
• Intertek ETL Listed to Standard for Safety Heating and Cooling Equipment ANSI/UL
1995/CSA 22.2 No. 236-05, Fourth Edition.
•Commercial Product - Not intended for Residential application.
Form No.
S3436-714
SupersedesS3436-1113
Page
1 of 16
Capacity and Efficiency Ratings
MODELS
T24H1
T30H1
T36H1
T42H1
T48H1
T60H1
Cooling BTUH j
EER 
High Temp Heating (47F) BTUH
COP k
Low Temp Heating (17F) BTUH
COP k
22,400
11.2
22,200
3.2
12,600
2.0
28,000
11.0
26,400
3.2
16,500
2.2
34,000
11.2
33,000
3.4
19,500
2.2
39,500
11.1
39,000
3.2
23,000
2.0
46,500
11.0
43,000
3.4
26,000
2.3
57,500
10.7
54,000
3.2
32,000
2.2
 Capacity is certified in accordance with ANSI/ARI Standard 390-2003.
 EER = Energy Efficiency Ratio, COP = Coefficient of Performance and are certified in accordance with ANSI/ARI Standard 390-2003.
All ratings based on fresh air intake being 100% closed (no outside air introduction).
Specifications 2 through 3 Ton
MODELS
Electrical Rating – 60 Hz
Operating Voltage Range
T24H1-A
T24H1-B
T24H1-C
T30H1-A
T30H1-B
T30H1-C
T36H1-A
T36H1-B
230/208 - 1
230/208 - 3
460 - 3
230/208 - 1
230/208 - 3
460 - 3
230/208 - 1
230/208 - 3
T36H1-C
460 - 3
197-253
197-253
414-506
197-253
197-253
414-506
197-253
197-253
414-506
230/208
7.8 / 8.9
13.5
58 / 58
Scroll
230/208
4.2 / 4.7
7.1
55 / 55
Scroll
460
2.4
3.6
28
Scroll
230/208
10.4 / 11.8
14.2
73 / 73
Scroll
230/208
6.6 / 7.5
9.0
58 / 58
Scroll
460
3.6
4.2
28
Scroll
230/208
14.3 / 16.5
16.7
79 / 79
Scroll
230/208
9.0 / 10.3
10.5
73 / 73
Scroll
460
5.8
5.8
38
Scroll
1/5-1050-1
1.5
20"-1900
1/5-1050-1
1.5
20"-1900
1/5-1050-1
.8
20"-1900
1/5-1050-1
1.5
20"-1900
1/5-1050-1
1.5
20"-1900
1/5-1050-1
.8
20"-1900
1/3-825-2
2.5
24"-2900
1/3-825-2
2.5
24"-2900
1/3-825-2
1.1
24"-2900
1/3 Var.
2.8
1/3 Var.
2.8
1/3 Var.
2.8
1/3 Var.
2.8
1/3 Var.
2.8
1/3 Var.
2.8
1/2 Var.
3.2
1/2 Var.
3.2
1/2 Var.
3.2
800 - .10
800 - .10
800 - .10
900 - .10
900 - .10
900 - .10
1100 - .15
1100 - .15
1100 - .15
16 x 30 x 1
16 x 30 x 1
16 x 30 x 1
16 x 30 x 1
16 x 30 x 1
16 x 30 x 1
20 x 30 x 1
20 x 30 x 1
20 x 30 x 1
400
400
400
400
400
400
550
550
550
T60H1-C
Compressor--Circuit A
Voltage
Rated Load Amps
Branch Circuit Selection Current
Lock Rotor Amps
Compressor Type
Fan Motor & Condenser
Fan Motor--HP--RPM--SPD
Fan Motor--Amps
Fan--DIA/CFM
Blower Motor & Evap.
Blower Motor--HP-RPM-SPD
Blower Motor--Amps
CFM Cooling & E.S.P.
w/Filter (Rated-Wet Coil)
Filter Sizes (inches) STD.
Shipping Weight --LBS.
Specifications 3-1/2 through 5 Ton
MODELS
Electrical Rating – 60 Hz
Operating Voltage Range
T42H1-A
T42H1-B
T42H1-C
T48H1-A
T48H1-B
T48H1-C
T60H1-A
T60H1-B
230/208 - 1
230/208 - 3
460 - 3
230/208 - 1
230/208 - 3
460 - 3
230/208 - 1
230/208 - 3
460 - 3
197-253
197-253
414-506
197-253
197-253
414-506
197-253
197-253
414-506
230/208
16.3 / 18.1
18.1
112 / 112
Scroll
230/208
12.3 / 13.7
13.7
88 / 88
Scroll
460
6.1
6.1
44 / 44
Scroll
230/208
15.7 / 17.7
21.8
117 / 117
Scroll
230/208
9.9 / 11.1
13.8
83 / 83
Scroll
460
6.7
6.7
41 / 41
Scroll
230/208
20.5 / 23.2
26.3
134 / 134
Scroll
230/208
12.2 / 13.8
15.7
110 / 110
Scroll
460
6.9
7.8
52 / 52
Scroll
1/3-825-2
2.5
24"-2900
1/3-825-2
2.5
24"-2900
1/3-825-1
1.3
24"-2900
1/3-825-2
2.5
24"-2900
1/3-825-2
2.5
24"-2900
1/3-825-1
1.3
24"-2900
1/2-1025-1
3.8
24"-3700
1/2-1025-1
3.8
24"-3700
1/2-1025-1
3.8
24"-3700
3/4 Var.
4.0
3/4 Var.
4.0
3/4 Var.
4.0
3/4 Var.
4.9
3/4 Var.
4.9
3/4 Var.
4.9
3/4 Var.
4.9
3/4 Var.
4.9
3/4 Var.
4.9
1250 - .15
1250 - .15
1250 - .15
1550 - .2
1550 - .2
1550 - .2
1650 - .2
1650 - .2
1650 - .2
20 x 30 x 1
20 x 30 x 1
20 x 30 x 1
20 x 30 x 1
20 x 30 x 1
20 x 30 x 1
20 x 30 x 1
20 x 30 x 1
20 x 30 x 1
550
550
550
575
575
575
575
575
575
Compressor--Circuit A
Voltage
Rated Load Amps
Branch Circuit Selection Current
Lock Rotor Amps
Compressor Type
Fan Motor & Condenser
Fan Motor--HP--RPM--SPD
Fan Motor--Amps
Fan--DIA/CFM
Blower Motor & Evap.
Blower Motor--HP-RPM-SPD
Blower Motor--Amps
CFM Cooling & E.S.P.
w/Filter (Rated-Wet Coil)
Filter Sizes (inches) STD.
Shipping Weight --LBS.
Form No. S3436-714
SupersedesS3436-1113
Page
2 of 16
Ventilation System Packages
Bard Wall-Mounts are designed to provide optional ventilation packages to meet all of your ventilation and indoor air quality requirements. All
units are equipped with a barometric fresh air damper as the standard ventilation package. All ventilation packages can be built-in at the factory, or field-installed at a later date.
BAROMETRIC FRESH AIR DAMPER - BFAD
STANDARD
The barometric fresh air damper is a standard feature on all models. It is installed on the inside of the service door
and allows outside ventilation air, up to 25% of the total airflow rating of the unit, to be introduced through the air inlet
openings and to be mixed with the conditioned air. The damper opens during blower operation and closes when the
blower is off. Adjustable blade stops allow different amounts of outside air to be introduced into the building and can
be easily locked closed if required.
Barometric Fresh Air Damper
BLANK OFF PLATE - BOP
OPTIONAL
MOTORIZED FRESH AIR DAMPER - MFAD
OPTIONAL
A blank off plate is installed on the inside of the service door. It covers the air inlet openings which restricts any
outside air from entering into the unit. The blank off plate should be utilized in applications where outside air is not
required to be mixed with the conditioned air.
The motorized fresh air damper is internally mounted behind the service door and allows outside ventilation air, up
to 25% of the total airflow rating of the unit, to be introduced through the air inlet openings and to be mixed with the
conditioned air. The two position damper can be fully open or closed. The damper blade is powered open by a 24VAC
motor with spring return on power loss. The damper can be controlled by indoor blower operation or can be field
connected to be managed based on building occupancy.
Motorized Fresh Air Damper
NOTE: The above vent systems are intake only without built-in exhaust capability. Building will likely require separate
field installed barometric relief or mechanical exhaust elsewhere within the conditioned space. Balancing dampers in
the return air grille may be required to achieve specified amount of outdoor air intake.
COMMERCIAL ROOM VENTILATOR - CRV
OPTIONAL
The built-in commercial room ventilator is internally mounted behind the service door and allows outside ventilation air,
up to 50% of the total airflow rating of the unit, to be introduced through the air inlet openings.
It includes a built-in exhaust air damper.
Commercial Room Ventilator
The commercial room ventilator (CRV) is a simple and innovative approach to improving the indoor air quality by providing fresh air intake and exhaust capability through the CRV. The damper can be easily adjusted to control the
amount of fresh air supplied into the building. The CRV can be controlled by indoor blower operation or field controlled
based on room occupancy. The CRV is power open - spring return on power loss. Complies with ANSI/ASHRAE
Standard 62.1 “Ventilation for Acceptable Indoor Air Quality.”
Four Models Available:
CRVS - spring return on power loss or deactivation
CRVP - power return (will not close on power loss)
CHCRV - modulating actuator with spring return on power loss or deactivation
ECONOMIZER - ECONWM-Series
OPTIONAL
The built-in economizer system is internally mounted behind the service door and allows outdoor air to be introduced
through the air inlet openings. The amount of outdoor air varies in response to the system controls and settings defined
by the end user. It includes a built-in exhaust air damper. The economizer is designed to provide “free cooling” when
outside air conditions are cool and dry enough to satisfy cooling requirements without running the compressor. This in
turn provides lower operating costs, while extending the life of the compressor.
• ECONWMT Equipment Building versions have extended 11" air intake hood to deliver up to 100% of cooling rated airflow.
• ECONWMS Standard versions have 3" air intake hood to deliver up to 75% of cooling rated airflow.
Economizer
Standard Features:
• Fully modulating
• Honeywell Direct Drive Hi-Torque Actuator
• No linkage required
• Simple single blade design
• Positive shut-off with non-stick gaskets
• Electronic DB and/or Enthalpy sensors depending upon version
• Honeywell JADE™ electronic economizer module with precision settings and diagnostics
• DB or Enthalpy economizer versions available
WALL-MOUNT ENERGY RECOVERY VENTILATOR - ERV
OPTIONAL
The wall-mount energy recovery ventilator (ERV) is a highly innovative approach to meeting indoor air quality ventilation requirements as established by ANSI/ASHRAE Standard 62.1. The ERV allows from 200 to 450 CFM (depending upon model) of fresh air and exhaust through the unit while maintaining superior indoor comfort and humidity levels. In most cases this can be accomplished without increasing equipment sizing or operating costs. Heat
transfer efficiency is up to 67% during summer and 75% during winter conditions.
Energy Recovery Ventilator
The ERV consists of a unique “rotary energy recovery cassette” that provides effective sensible and latent heat
transfer capabilities during summer and winter conditions. Various control schemes are addressed including limiting
ventilation during building occupancy only.
The ERV is designed to be internally mounted behind the service door in the WA, WH or WL model wall-mount units. It can be built-in at the factory or field installed as an option. ERV-*3 and ERV-*5 can be independently adjusted
for intake and exhaust rates. 3" air intake hood is standard.
Form No.
S3436-714
SupersedesS3436-1113
Page
3 of 16
This Page Intentionally Left Blank
Form No. S3436-714
SupersedesS3436-1113
Page
4 of 16
Commercial Room Ventilator Performance Data : CRVS-3, CRVP-3 & CRVMWH-3
T30*1 High Speed Total and Ventilation Airflow
T30*1 High Speed Total and Ventilation Airflow
1300
1200
1100
1000
Airflow
Airflow(cfm)
(cfm)
900
800
Total Air 0 ESP
700
Total Air .2 ESP
600
Total Air .4 ESP
500
Vent Air .2 ESP
Vent Air 0 ESP
Vent Air .4 ESP
400
300
200
100
0
A
B
C
D
E
F
Vent Position
T24* High
Speed
and
Ventilation
T24H High
SpeedTotal
Total and
Ventilation
Airflow Airflow
T30* Low Speed Total And Ventilation Airflow
T30* Low
Speed Total And Ventilation Airflow
900
800
700
Airflow(cfm)
(cfm)
Airflow
600
Total Air 0 ESP
500
Total Air .2 ESP
Total Air .4 ESP
400
Vent Air 0 ESP
Vent Air .2 ESP
Vent Air .4 ESP
300
200
100
0
0
A
B
C
D
E
F
Vent Position
Form No.
S3436-714
SupersedesS3436-1113
Page
5 of 16
Commercial Room Ventilator Performance Data : CRVS-5, CRVP-5 & CHCRV-5
T36H1 with CRVS-5,CRVP-5 & CHCRV-5
Airflow (CFM)
1200
1000
800
600
400
200
0
A
B
C
D
E
F
Blade Position
Vent Air, Cooling/Heating Mode
Total Air, Cooling/Heating Mode
T42H1 with CRVS-5,CRVP-5 & CHCRV-5
1400
Airflow (CFM)
1200
1000
800
600
400
200
0
A
B
C
D
E
F
Blade Position
Vent Air, Cooling/Heating Mode
Form No. S3436-714
SupersedesS3436-1113
Page
6 of 16
Total Air, Cooling/Heating Mode
Commercial Room Ventilator Performance Data : CRVS-5, CRVP-5 & CHCRV-5
T48H1 Vent Airflow
600
500
Air flow (CFM)
400
Blower Only Vent
Airflow 0.2 ESP
300
High Speed Comp
Vent Airflow 0.2 ESP
200
100
0
0
2
4
6
A
8
10
B
12
C
14
D
16
E
18
F
Vent Position
Commercial Room Ventilator Performance Data : CRVS-5, CRVP-5 & CHCRV-5
T60H1 Vent Airflow
700
600
Air flow (CFM)
500
400
High Speed Comp Vent
Airflow 0.2 ESP
300
Blower Only Vent Airflow
0.2 ESP
200
100
0
0
2
4
A
6
B
8
10
C
Vent Position
12
D
14
16
E
18
F
Form No.
S3436-714
SupersedesS3436-1113
Page
7 of 16
This Page Intentionally Left Blank
Form No. S3436-714
SupersedesS3436-1113
Page
8 of 16
Performance and Application Data - ERVF-*3 (T24H1 & T30H1)
SUMMER COOLING PERFORMANCE
(INDOOR DESIGN CONDITIONS 75°DB/62°WB)
Ambient
O.D.
VENTILATION RATE -- 400 CFM
63% EFFICIENCY
VENTILATION RATE -- 325 CFM
64% EFFICIENCY
VENTILATION RATE -- 250 CFM
65% EFFICIENCY
DB/
WB
F
VLT
VLS
VLL
HRT
HRS
HRL
VLT
VLS
VLL
HRT
HRS
HRL
VLT
VLS
VLL
HRT
HRS
HRL
105
75
70
65
19080
12960
12960
12960
12960
12960
6120
0
0
12020
8164
8164
8164
8164
8164
3855
0
0
15502
10530
10530
10530
10530
10530
4972
0
0
9921
6739
6739
6739
6739
6739
3182
0
0
11925
8100
8100
8100
8100
8100
3825
0
0
7751
5265
5265
5265
5265
5265
2486
0
0
100
80
75
70
65
60
28080
19080
10980
10800
10800
10800
10800
10800
10800
10800
17280
8280
180
0
0
17690
12020
6717
6804
6804
6804
6804
6804
6804
6804
10886
5216
113
0
0
22815
15502
8921
8775
8775
8775
8775
8775
8775
8775
14040
6727
146
0
0
14601
9921
5709
5616
5616
5616
5616
5616
5616
5616
8985
4305
93
0
0
17550
11925
6862
6750
6750
6750
6750
6750
6750
6750
10800
5175
112
0
0
11407
7751
4460
4387
4387
4387
4387
4387
4387
4387
7019
3363
73
0
0
95
80
75
70
65
60
28080
19080
10980
8640
8640
8640
8640
8640
8640
8640
19440
10440
2340
0
0
17690
12020
6917
5443
5443
5443
5443
5443
5443
5443
12247
6577
1474
0
0
22815
15502
8921
7020
7020
7020
7020
7020
7020
7020
15795
8482
1901
0
0
14601
9921
5709
4492
4492
4492
4492
4492
4492
4492
10108
5428
1216
0
0
17550
11925
6862
5400
5400
5400
5400
5400
5400
5400
12150
6525
1462
0
0
11407
7751
4460
3510
3510
3510
3510
3510
3510
3510
7897
4241
950
0
0
90
80
75
70
65
60
28080
19080
10980
6480
6480
6480
6480
6480
6480
6480
21600
12600
4500
0
0
17690
12020
6917
4082
4082
4082
4082
4082
4082
4082
13608
7938
2835
0
0
22815
15502
8921
5265
5265
5265
5265
5265
5265
5265
17550
10237
3656
0
0
14601
9921
5709
3369
3369
3369
3369
3369
3369
3369
11232
6552
2340
0
0
17550
11925
6862
4050
4050
4050
4050
4050
4050
4050
13500
7875
2812
0
0
11407
7751
4460
2632
2632
2632
2632
2632
2632
2632
8774
5118
1828
0
0
85
80
75
70
65
60
28080
19080
10980
4320
4320
4320
4320
4320
4320
4320
23760
14760
6660
0
0
17690
12020
6917
2721
2721
2721
2721
2721
2721
2721
14968
9298
4195
0
0
22815
15502
8921
3510
3510
3510
3510
3510
3510
3510
19305
11992
5411
0
0
14601
9921
5709
2246
2246
2246
2246
2246
2246
2246
12355
7675
3463
0
0
17550
11925
6862
2700
2700
2700
2700
2700
2700
2700
14850
9225
4162
0
0
11407
7751
4460
1755
1755
1755
1755
1755
1755
1755
9652
5996
2705
0
0
80
75
70
65
60
19080
10980
3780
2160
2160
2160
2160
2160
16920
8820
1620
0
12020
6917
2381
1360
1360
1360
1360
1360
10659
5556
1020
0
15502
8921
3071
1755
1755
1755
1755
1755
13747
7166
1316
0
9921
5709
1965
1123
1123
1123
1123
1123
8798
4586
842
0
11925
6862
2362
1350
1350
1350
1350
1350
10575
5512
1012
0
7751
4460
1535
877
877
877
877
877
6873
3583
658
0
75
70
65
60
10980
3780
0
0
0
0
10980
3780
0
6917
2381
0
0
0
0
6917
2380
0
8921
3071
0
0
0
0
8921
3071
0
5709
1965
0
0
0
0
5709
1965
0
6862
2362
0
0
0
0
6862
2362
0
4460
1535
0
0
0
0
4460
1535
0
ERVF-*3 WINTER HEATING PERFORMANCE
(INDOOR DESIGN CONDITIONS 70°F DB)
Ambient
O.D.
VENTILATION RATE
400 CFM
75% EFF.
325 CFM
76% EFF.
250 CFM
77% EFF.
DB/°F
WVL
WHR
WVL
WHR
WVL
WHR
LEGEND:
65
2160
1620
1755
1333
1350
1039
60
4320
3240
3510
2667
2700
2079
55
6480
4860
5265
4001
4050
3118
50
8640
6480
7020
5335
5400
4158
45
10800
8100
8775
6669
6750
5197
40
12960
9720
10530
8002
8100
6237
VLT =
VLS =
VLL =
HRT =
HRS =
HRL =
WVL =
WHR=
35
15120
11340
12285
9336
9450
7276
30
17280
12960
14040
10670
10800
8316
25
19440
14580
15795
12004
12150
9355
20
21600
16200
17550
13338
13500
10395
15
23760
17820
19305
14671
14850
11434
Ventilation Load - Total
Ventilation Load - Sensible
Ventilation Load - Latent
Heat Recovery - Total
Heat Recovery - Sensible
Heat Recovery - Latent
Ventilation Load - Latent
Heat Recovery - Total
NOTE: Sensible performance only is shown for winter application.
Form No.
S3436-714
SupersedesS3436-1113
Page
9 of 16
Performance and Application Data - ERVF-*5 (T36H1, T42H1, T48H1 & T60H1)
SUMMER COOLING PERFORMANCE
(INDOOR DESIGN CONDITIONS 75°DB/62°WB)
Ambient
O.D.
VENTILATION RATE -- 450 CFM
VENTILATION RATE -- 375 CFM
VENTILATION RATE -- 300 CFM
DB/
WB
F
VLT
VLS
VLL
HRT
HRS
HRL
VLT
VLS
VLL
HRT
HRS
HRL
VLT
VLS
VLL
HRT
HRS
HRL
105
75
70
65
21465
14580
14580
14580
14580
14580
6884
0
0
13952
9477
9477
9477
9477
9477
4475
0
0
17887
12150
12150
12150
12150
12150
5737
0
0
11805
8018
8018
8018
8018
8018
3786
0
0
14310
9720
9720
9720
9720
9720
4590
0
0
9587
6512
6512
6512
6512
6512
3075
0
0
100
80
75
70
65
60
31590
21465
12352
12150
12150
12150
12150
12150
12150
12150
19440
9314
202
0
0
20533
13952
8029
7897
7897
7897
7897
7897
7897
7897
12635
6054
131
0
0
26325
17887
10293
10125
10125
10125
10125
10125
10125
10125
16200
7762
168
0
0
17374
11805
6793
6682
6682
6682
6682
6682
6682
6682
10692
5123
111
0
0
21060
14310
8235
8100
8100
8100
8100
8100
8100
8100
12960
6210
135
0
0
14110
9587
5517
5427
5427
5427
5427
5427
5427
5427
8683
4160
90
0
0
95
80
75
70
65
60
31590
21465
12352
9720
9720
9720
9720
9720
9720
9720
21870
11744
2632
0
0
20533
13952
8029
6318
6318
6318
6318
6318
6318
6318
14215
7634
1711
0
0
26325
17887
10293
8100
8100
8100
8100
8100
8100
8100
18225
9787
2193
0
0
17374
11805
6793
5345
5345
5345
5345
5345
5345
5345
12028
6459
1447
0
0
21060
14310
8235
6480
6480
6480
6480
6480
6480
6480
14580
7830
1755
0
0
14110
9587
5517
4341
4341
4341
4341
4341
4341
4341
9768
5246
1175
0
0
90
80
75
70
65
60
31590
21465
12352
7290
7290
7290
7290
7290
7290
7290
24300
14175
5062
0
0
20533
13952
8029
4738
4738
4738
4738
4738
4738
4738
15794
9213
3290
0
0
26325
17887
10293
6075
6075
6075
6075
6075
6075
6075
20250
11812
4218
0
0
17374
11805
6793
4009
4009
4009
4009
4009
4009
4009
13365
7796
2784
0
0
21060
14310
8235
4860
4860
4860
4860
4860
4860
4860
16200
9450
3375
0
0
14110
9587
5517
3256
3256
3256
3256
3256
3256
3256
10854
6331
2261
0
0
85
80
75
70
65
60
31590
21465
12352
4860
4860
4860
4860
4860
4860
4860
26730
16605
7492
0
0
20533
13952
8029
3159
3159
3159
3159
3159
3159
3159
17374
10793
4870
0
0
26325
17887
10293
4050
4050
4050
4050
4050
4050
4050
22275
13837
6243
0
0
17374
11805
6793
2672
2672
2672
2672
2672
2672
2672
14701
9132
4120
0
0
21060
14310
8235
3240
3240
3240
3240
3240
3240
3240
17820
11070
4995
0
0
14110
9587
5517
2170
2170
2170
2170
2170
2170
2170
11939
7416
3346
0
0
80
75
70
65
60
21465
12352
4252
2430
2430
2430
2430
2430
19035
9922
1822
0
13952
8029
2764
1579
13952
8029
2764
1579
12372
6449
1184
0
17887
10293
3543
2025
2025
2025
2025
2025
15862
8268
1518
0
11805
6793
2338
1336
1336
1336
1336
1336
10469
5457
1002
0
14310
8235
2835
1620
1620
1620
1620
1620
12690
6615
1215
0
9587
5517
1899
1085
1085
1085
1085
1085
8502
4432
814
0
75
70
65
60
12352
4252
0
0
0
0
12352
4252
0
8029
2764
0
0
0
0
8029
2764
0
10293
3543
0
0
0
0
10293
3543
0
6793
2338
0
0
0
0
6793
2338
0
8235
2835
0
0
0
0
8235
2835
0
5517
1899
0
0
0
0
5517
1899
0
ERVF-*5 WINTER HEATING PERFORMANCE
(INDOOR DESIGN CONDITIONS 70°F DB)
Ambient
O.D.
VENTILATION RATE
450 CFM
375 CFM
300 CFM
DB/°F
WVL
WHR
WVL
WHR
WVL
WHR
65
2430
1944
2025
1640
1620
1328
60
4860
3888
4050
3280
3240
2656
55
7290
5832
6075
4920
4860
3985
50
9720
7776
8100
6561
6480
5313
45
12150
9720
10125
8201
8100
6642
40
14580
11664
12150
9841
9720
7970
35
17010
13608
14175
11481
11340
9298
30
19440
15552
16200
13122
12960
10627
25
21870
17496
18225
14762
14580
11955
20
24300
19440
20250
16402
16200
13284
15
26730
21384
22275
18042
17820
14612
NOTE: Sensible performance only is shown for winter application.
Form No. S3436-714
SupersedesS3436-1113
Page
10 of 16
LEGEND:
VLT =
VLS =
VLL =
HRT =
HRS =
HRL =
WVL =
WHR=
Ventilation Load - Total
Ventilation Load - Sensible
Ventilation Load - Latent
Heat Recovery - Total
Heat Recovery - Sensible
Heat Recovery - Latent
Ventilation Load - Latent
Heat Recovery - Total
Electrical Specifications — Standard Heat Pumps
MODEL
T24H1-A00, A0Z
-A04
m -AS8
p -AF8
T24H1-B00, B0Z
-B06
-B09
T24H1-C0Z
-C06
-C09
T30H1-A00, A0Z
-A04
m -AS8
p -AF8
T30H1-B00, B0Z
-B06
-B09
T30H1-C0Z
-C06
-C09
T36H1-A00, A0Z
-A05
-A08
-A10
n -A15
T36H1-B00, B0Z
-B06
-B09
o -B15
T36H1-C0Z
-C06
-C09
o -C15
T42H1-A00, A0Z
-A05
-A08
-A10
n -A15
T42H1-B00, B0Z
-B06
-B09
o -B15
T42H1-C0Z
-C06
-C09
o -C15
T48H1-A00, A0Z
-A04
-A05
-A08
-A10
n -A15
T48H1-B00, B0Z
-B06
-B09
o -B15
T48H1-C0Z
-C06
-C09
o -C15
T60H1-A00, A0Z
-A05
-A10
n -A15
n -A20
T60H1-B00, B0Z
-B06
-B09
o -B15
o -B18
T60H1-C0Z
-C09
o -C15
o -C18
Rated
Volts &
Phase
230/208-1
230/208-3
460-3
230/208-1
230/208-3
460-3
230/208-1
230/208-3
460-3
230/208-1
230/208-3
460-3
230/208-1
230/208-3
460-3
230/208-1
230/208-3
460-3
No.
j
Field
Minimum
Power
Circuit
Circuits
Ampacity
1
1
1
1 or 2
1
1
1
1
1
1
1
1
1
1 or 2
1
1
1
1
1
1
1
1
1 or 2
1 or 2
1 or 2
1
1
1
1
1
1
1
1
1
1
1 or 2
1 or 2
1 or 2
1
1
1
1
1
1
1
1
1
1
1 or 2
1 or 2
1 or 2
1 or 2
1
1
1
1
1
1
1
1
1
1 or 2
1 or 2
1 or 2
1 or 3
1
1
1
1
2
1
1
1
1
24
45
48
65
16
34
42
9
18
23
24
45
48
66
18
36
45
10
19
24
29
55
70
81
85
21
39
48
52
12
21
26
27
31
57
73
83
86
26
44
53
53
13
22
26
27
37
58
63
79
89
89
27
45
54
55
15
24
28
29
44
70
96
96
113
31
49
58
58
N/A
16
29
29
34
Single Circuit
Multiple Circuit
k
l
j Minimum
k Maximum
l
l
Maximum Field
l
Circuit
External Fuse or
Field Power Wire
Ground
External Power Ground
Ampacity
Ckt. Breaker
Size
Wire Size
Fuse or
Wire
Wire
Ckt. A Ckt. B Ckt. C Ckt. A Ckt. B Ckt. C Ckt. A Ckt. B Ckt. C Ckt. A Ckt. B Ckt. C
Ckt. Brkr.
Size
35
50
50
70
20
35
45
15
20
25
35
50
50
70
25
40
45
15
20
25
40
60
70
90
90
30
45
50
60
15
25
30
30
40
60
80
90
90
35
50
60
60
15
25
30
30
50
60
70
90
100
100
40
50
60
60
20
25
30
30
60
80
100
100
125
45
60
60
60
N/A
20
30
30
35
8
8
8
6
12
8
8
14
12
10
8
8
8
4
10
8
8
14
12
10
8
6
4
4
4
10
8
6
6
14
10
10
10
8
6
4
4
3
8
8
6
6
12
10
10
10
8
6
6
4
3
3
8
8
6
6
12
10
10
10
8
4
3
3
2
8
8
6
6
N/A
12
10
10
8
10
10
10
8
12
10
10
14
12
10
10
10
10
8
10
10
10
14
12
10
10
10
8
8
8
10
10
10
10
14
10
10
10
10
10
8
8
8
10
10
10
10
12
10
10
10
10
10
8
8
8
8
10
10
10
10
12
10
10
10
10
8
8
8
6
10
10
10
10
N/A
12
10
10
10
24
42
35
45
8
8
10
10
24
42
35
45
8
8
10
10
29
29
33
42
52
52
40
40
40
45
60
60
8
8
8
8
6
6
10
10
10
10
10
10
31
31
34
42
52
52
40
40
40
45
60
60
8
8
8
8
6
6
10
10
10
10
10
10
37
37
37
37
26
42
52
52
50
50
50
50
30
50
60
60
8
8
8
8
10
8
6
6
10
10
10
10
10
10
10
10
44
44
44
44
26
52
52
52
50
50
50
50
30
60
60
60
8
8
8
8
10
6
6
6
10
10
10
10
10
10
10
10
58
28
60
30
6
10
10
10
26
30
10
10
 These “Minimum Circuit Ampacity” values are to be used for sizing the field power conductors. Refer to the National Electrical Code (latest version), Article 310 for power conductor sizing.
Caution: When more than one field power circuit is run through one conduit, the conductors must be derated. Pay special attention to note 8 of Table 310 regarding Ampacity Adjustment Factors when more than three (3) conductors are in a raceway.
 Maximum size of the time delay fuse or HACR type circuit breaker for protection of field wiring conductors.
 Based on 75°C copper wire. All wiring must conform to the National Electrical Code and all local codes.
 Maximum KW that can operate with the heat pump on is 4KW. Full heat available during Emergency Heat Mode.
 Maximum KW that can operate with the heat pump on is 10KW. Full heat available during Emergency Heat Mode.
 Maximum KW that can operate with the heat pump on is 9KW. Full heat available during Emergency Heat Mode.
 Maximum KW that can operate with the heat pump on is 8KW. Full heat available during Emergency Heat Mode.
IMPORTANT: While this electrical data is presented as a guide, it is important to electrically connect properly sized fuses & conductor wires in accordance with the National Electrical Code & all local codes.
Form No.
S3436-714
SupersedesS3436-1113
Page
11 of 16
Electrical Specifications — Dehumidification Models
MODEL
T24H1DA00, A0Z
DA04
m DAS8
p DAF8
T24H1DB00, B0Z
DB06
DB09
T24H1DC0Z
DC06
DC09
T30H1DA00, A0Z
DA04
m DAS8
p DAF8
T30H1DB00, B0Z
DB06
DB09
T30H1DC0Z
DC06
DC09
T36H1DA00, A0Z
DA05
DA08
DA10
n DA15
T36H1DB00, B0Z
DB06
DB09
o DB15
T36H1DC0Z
DC06
DC09
o DC15
T42H1DA00, A0Z
DA05
DA08
DA10
n DA15
T42H1DB00, B0Z
DB06
DB09
o DB15
T42H1DC0Z
DC06
DC09
o DC15
T48H1DA00, A0Z
DA04
DA05
DA08
DA10
n DA15
T48H1DB00, B0Z
DB06
DB09
o DB15
T48H1DC0Z
DC06
DC09
o DC15
T60H1DA00, A0Z
DA05
DA10
n DA15
n DA20
T60H1DB00, B0Z
DB06
DB09
o DB15
o DB18
T60H1DC0Z
DC09
o DC15
o DC18
Rated
Volts &
Phase
230/208-1
230/208-3
460-3
230/208-1
230/208-3
460-3
230/208-1
230/208-3
460-3
230/208-1
230/208-3
460-3
230/208-1
230/208-3
460-3
230/208-1
230/208-3
460-3
No.
j
Field
Power Minimum
Circuits Circuit
Ampacity
1
1
1
1 or 2
1
1
1
1
1
1
1
1
1
1 or 2
1
1
1
1
1
1
1
1
1 or 2
1 or 2
1 or 2
1
1
1
1
1
1
1
1
1
1
1 or 2
1 or 2
1 or 2
1
1
1
1
1
1
1
1
1
1
1 or 2
1 or 2
1 or 2
1 or 2
1
1
1
1
1
1
1
1
1
1 or 2
1 or 2
1 or 2
1 or 3
1
1
1
1
2
1
1
1
1
24
45
48
65
16
34
42
9
18
23
24
45
48
66
18
36
45
10
19
24
29
55
70
81
85
21
39
48
52
12
21
26
27
31
57
73
83
86
26
44
53
53
13
22
26
27
37
57
63
79
89
89
27
45
54
55
15
24
28
29
44
70
96
96
113
31
49
58
58
N/A
16
29
29
34
Single Circuit
k
Maximum
External
Fuse or
Ckt. Brkr.
35
50
50
70
20
35
45
15
20
25
35
50
50
70
25
40
45
15
20
25
40
60
70
90
90
30
45
50
60
15
25
30
30
40
60
80
90
90
35
50
60
60
15
25
30
30
50
60
70
90
100
100
40
50
60
60
20
25
30
30
60
80
100
100
125
45
60
60
60
N/A
20
30
30
35
Multiple Circuit
l
j Minimum
k Maximum
l
l
Field
l
Circuit
External Fuse or
Field Power Wire
Ground
Power Ground
Ampacity
Ckt. Breaker
Size
Wire Size
Wire
Wire
Ckt. A Ckt. B Ckt. C Ckt. A Ckt. B Ckt. C Ckt. A Ckt. B Ckt. C Ckt. A Ckt. B Ckt. C
Size
8
8
8
6
12
8
8
14
12
10
8
8
8
4
10
8
8
14
12
10
8
6
4
4
4
10
8
6
6
14
10
10
10
8
6
4
4
3
8
8
6
6
12
10
10
10
8
6
6
4
3
3
8
8
6
6
12
10
10
10
8
4
3
3
2
8
8
6
6
N/A
12
10
10
8
10
10
10
8
12
10
10
14
12
10
10
10
10
8
10
10
10
14
12
10
10
10
8
8
8
10
10
10
10
14
10
10
10
10
10
8
8
8
10
10
10
10
12
10
10
10
10
10
8
8
8
8
10
10
10
10
12
10
10
10
10
8
8
8
6
10
10
10
10
N/A
12
10
10
10
24
42
35
45
8
8
10
10
24
42
35
45
8
8
10
10
29
29
33
42
52
52
40
40
40
45
60
60
8
8
8
8
6
6
10
10
10
10
10
10
31
31
34
42
52
52
40
40
40
45
60
60
8
8
8
8
6
6
10
10
10
10
10
10
37
37
37
37
26
42
52
52
50
50
50
50
30
50
60
60
8
8
8
8
10
8
6
6
10
10
10
10
10
10
10
10
44
44
44
44
26
52
52
52
50
50
50
50
30
60
60
60
8
8
8
8
10
6
6
6
10
10
10
10
10
10
10
10
58
28
60
30
6
10
10
10
26
30
10
10
 These “Minimum Circuit Ampacity” values are to be used for sizing the field power conductors. Refer to the National Electrical Code (latest version), Article 310 for power conductor sizing.
Caution: When more than one field power circuit is run through one conduit, the conductors must be derated. Pay special attention to note 8 of Table 310 regarding Ampacity Adjustment Factors when more than three (3) conductors are in a raceway.
 Maximum size of the time delay fuse or HACR type circuit breaker for protection of field wiring conductors.
 Based on 75°C copper wire. All wiring must conform to the National Electrical Code and all local codes.
 Maximum KW that can operate with the heat pump on is 4KW. Full heat available during Emergency Heat Mode.
 Maximum KW that can operate with the heat pump on is 10KW. Full heat available during Emergency Heat Mode.
 Maximum KW that can operate with the heat pump on is 9KW. Full heat available during Emergency Heat Mode.
 Maximum KW that can operate with the heat pump on is 8KW. Full heat available during Emergency Heat Mode.
IMPORTANT: While this electrical data is presented as a guide, it is important to electrically connect properly sized fuses & conductor wires in accordance with the National Electrical Code & all local codes.
Form No. S3436-714
SupersedesS3436-1113
Page
12 of 16
Indoor Blower Performance - CFM (0.00" — 0.50" H20) 
k
Blower Only
Except for
CRVMP Vent
Option
l
Blower Only
for
CRVMP
Vent Options
m
Cooling
& Heat Pump
m
Electric Heat
Model
Rated ESP
j
Max ESP
T24H
.10
.50
800
650
800
1000
T30H
.10
.50
900
700
900
1000
T36H
.15
.50
1100
800
1100
1100
T42H
.15
.50
1250
825
1250
1250
T48H
.20
.50
1550
825
1550
1550
T60H
.20
.50
1650
850
1650
1650
NOTE: These units are equipped with a variable speed (ECM) indoor motor that automatically adjusts itself to maintain approximately the same rate of indoor airflow in both
heating & cooling, dry & wet coil conditions and at both 230/208 or 460 volts.
 Maximum ESP (inches WC) shown is with 2" thick disposable filter.
 Blower only CFM is the total air being circulated during continuous fan mode. Airflow remains constant.
 Blower only CFM reduces during continuous fan mode. Requires wiring modification; consult Installation Instructions and Wiring Diagram.
 CFM output on Cooling or Electric Heat.
Electric Heat Table - Refer to Electrical Specifications for Availability by Unit Model
At 240V j
Nominal
KW
KW
1-Ph
Amps
4.0
4.0
5.0
5.0
6.0
6.0
8.0
8.0
9.0
9.0
10.0
10.0
41.7
15.0
15.0
62.5
20.0
20.0
83.3
3-Ph
Amps
At 208V j
Btuh
KW
1-Ph
Amps
16.7
13,652
3.00
14.4
20.8
17,065
3.75
18.0
20,478
4.50
27,304
6.00
30,717
6.75
34,130
7.50
36.1
51,195
11.25
54.1
68,260
15.00
72.1
14.4
33.3
21.7
36.1
3-Ph
Amps
At 480V k
Btuh
At 460V k
KW
3-Ph
Amps
Btuh
KW
3-Ph
Amps
Btuh
6.0
7.2
20,478
5.52
6.9
18,840
9.0
10.8
30,717
8.28
10.4
28,260
15.0
18.0
51,195
13.80
17.3
47,099
10,239
12,799
12.5
28.8
15,359
20,478
18.7
23,038
25,598
31.2
38,396
51,195
j These electric heaters are available in 230/208V units only.
k These electric heaters are available in 480V units only.
Heater Packages - Field Installed for Standard & Dehumidification Models
• Designed for adding Electric Heat to 0 KW Units
• Circuit Breaker Standard on 230/208V Models
Heat Pump
Models
-A00 Models
230/208-1
• ETL US & Canada Listed
• Toggle Disconnect Standard on 460V Models
-B00 Models
230/208-3
-C00 Models
460-3
Heater Model #
KW
Heater Model #
KW
Heater Model #
KW
T24H1
EHT03H-A04
EHT03H-AF8
EHT03H-AS8
4
F8
S8
EHT02H-B06
EHT03H-B09
6
9
EHT03H-C06
EHT03H-C09
6
9
T30H1
EHT03H-A04
EHT03H-AF8
EHT03H-AS8
4
F8
S8
EHT03H-B06
EHT03H-B09
6
9
EHT03H-C06
EHT03H-C09
6
9
T36H1
EHS03H-A05
EHT05H-A08
EHT05H-A10
EHT05H-A15
5
8
10
15
EHT05H-B06
EHT05H-B09
EHS05H-B15
6
9
15
EHS05H-C06
EHS03H-C09
EHS03H-C15
6
9
15
T42H1
EHS03H-A05
EHT05H-A08
EHT05H-A10
EHT05H-A15
5
8
10
15
EHS05H-B06
EHS05H-B09
EHS05H-B15
6
9
15
EHS05H-C06
EHS05H-C09
EHS05H-C15
6
9
15
T48H1
EHT06H-A05
EHT06H-A08
EHT06H-A10
EHT06H-A15
5
8
10
15
EHT06H-B06
EHT06H-B09
EHT06H-B15
6
9
15
EHT06H-C06
EHT06H-C09
EHT06H-C15
6
9
15
T60H1
EHT06H-A05
EHT06H-A10
EHT06H-A15
EHT06H-A20
5
10
15
20
EHT06H-B09
EHT06H-B15
EHT06H-B18
9
15
18
EHT06H-C09
EHT06H-C15
EHT06H-C18
9
15
18
Form No.
S3436-714
SupersedesS3436-1113
Page
13 of 16
Cooling Application Data - Outdoor Temperature °F 
Model
T24H1
T30H1
T36H1
T42H1
T48H1
T60H1
Return Air
(DB/WB) Cooling Capacity

Total Cooling
75/62
Sensible Cooling
Total Cooling
80/67
Sensible Cooling
Total Cooling
85/72
Sensible Cooling
Total Cooling
75/62
Sensible Cooling
Total Cooling
80/67
Sensible Cooling
Total Cooling
85/72
Sensible Cooling
Total Cooling
75/62
Sensible Cooling
Total Cooling
80/67
Sensible Cooling
Total Cooling
85/72
Sensible Cooling
Total Cooling
75/62
Sensible Cooling
Total Cooling
80/67
Sensible Cooling
Total Cooling
85/72
Sensible Cooling
Total Cooling
75/62
Sensible Cooling
Total Cooling
80/67
Sensible Cooling
Total Cooling
85/72
Sensible Cooling
Total Cooling
75/62
Sensible Cooling
Total Cooling
80/67
Sensible Cooling
Total Cooling
85/72
Sensible Cooling
75°F
80°F
85°F
90°F
95°F
100°F
24,700
19,900
26,300
19,300
31,400
19,800
28,900
22,300
30,800
21,600
36,700
22,200
38,000
29,900
40,500
29,000
48,300
29,700
42,000
32,900
44,800
31,900
53,400
32,700
49,000
39,400
52,300
38,200
62,300
39,100
57,900
44,200
61,800
42,900
73,600
43,900
23,300
19,500
25,400
19,100
29,700
19,400
27,800
22,100
30,300
21,600
35,500
22,000
35,900
29,200
39,100
28,600
45,700
29,100
40,300
32,100
43,900
31,400
51,300
31,900
47,100
38,800
51,300
38,000
60,000
38,600
56,300
43,800
61,300
42,900
71,700
43,600
22,100
19,100
24,500
18,900
28,200
19,000
26,700
21,700
29,600
21,500
34,000
21,600
34,000
28,400
37,700
28,100
43,300
28,300
38,500
31,200
42,700
30,900
49,100
31,100
45,100
38,000
50,100
37,600
57,500
37,800
54,500
43,000
60,500
42,600
69,500
42,800
21,000
18,700
23,700
18,700
26,800
18,600
25,600
21,200
28,900
21,200
32,700
21,100
32,100
27,600
36,300
27,600
41,000
27,400
36,700
30,300
41,500
30,300
46,900
30,100
43,100
37,100
48,700
37,100
55,000
36,900
52,400
42,100
59,200
42,100
66,800
41,800
19,900
18,300
22,400
18,400
25,400
18,100
24,400
20,700
28,000
20,900
31,100
20,500
30,500
26,800
34,000
27,000
38,900
26,500
34,800
29,600
39,500
29,800
44,500
29,300
40,900
36,200
46,500
36,500
52,200
35,800
50,100
41,000
57,500
41,400
63,900
40,600
19,000
17,800
22,100
18,100
24,200
17,500
23,300
20,100
27,100
20,400
29,700
19,800
29,000
26,000
33,400
26,400
37,000
25,600
33,100
28,700
38,500
29,200
42,100
28,300
38,800
35,100
45,200
35,700
49,500
34,600
47,600
39,800
55,500
40,500
60,700
39,200
 Below 65°F, unit requires a factory or field installed low ambient control.
 Return air temperature °F.
105°F
110°F
115°F
120°F
18,100
17,300
16,700
17,300
16,800
16,200
21,300
20,600
20,000
17,700
17,300
16,800
23,000
21,900
21,000
16,900
16,300
15,500
22,100
21,000
19,900
19,200
18,400
17,300
26,100
25,000
23,900
19,700
19,000
18,000
28,200
26,600
25,100
18,800
17,800
16,600
27,700
26,300
25,200
25,200
24,400
23,600
32,600
31,400
30,300
25,800
25,200
24,500
35,200
33,400
31,900
24,600
23,700
22,600
31,200
29,300
27,400
27,900
27,100
26,400
36,800
34,900
32,900
28,600
28,000
27,400
39,700
37,200
34,600
27,300
26,300
25,300
36,600
34,400
32,100
33,800
32,500
31,200
43,200
41,000
38,600
34,700
33,600
32,400
46,600
43,600
40,600
33,100
31,500
29,900
44,900
41,900
38,800
38,500
37,000
35,300
53,000
50,000
46,700
39,500
38,200
36,700
57,200
53,200
49,100
37,700
35,800
33,800
Capacity Multiplier Factors
% of Rated Airflow
-10
Rated
Total BTUH 0.975
1.0
Sensible BTUH 0.950
1.0
16,000
15,500
19,300
16,200
20,100
14,700
18,700
16,300
22,600
17,000
23,500
15,400
24,200
22,700
29,300
23,700
30,500
21,400
25,400
25,500
30,800
26,700
32,000
24,100
29,600
29,600
35,900
31,000
37,300
28,000
35,500
33,400
43,000
35,000
44,700
31,600
+10
1.02
1.05
Heating Application Rating & Outdoor Temperature °F*
MODEL
0°
5°
10°
15°
20°
25°
30°
35°
40°
45°
50°
55°
60°F
T24H1
BTUH
WATTS
COP
7,000
1730
1.19
8,600
1750
1.44
10,300
1770
1.71
12,000
1790
1.97
13,400
1820
2.16
14,700
1860
2.32
16,000
1890
2.49
17,300
1930
2.63
19,600
1920
3.00
21,800
1910
3.35
23,600
1920
3.61
25,300
1930
3.85
27,000
1950
4.06
T30H1
BTUH
WATTS
COP
10,700
2000
1.57
12,400
2040
1.79
14,100
2080
1.99
15,900
2120
2.20
17,300
2150
2.36
18,600
2170
2.52
19,800
2190
2.65
21,100
2220
2.79
23,500
2280
3.02
25,900
2350
3.23
27,900
2400
3.41
29,600
2440
3.56
31,300
2480
3.70
T36H1
BTUH
WATTS
COP
11,700
2420
1.42
14,000
2460
1.67
16,300
2500
1.92
18,600
2540
2.15
20,400
2570
2.33
21,900
2590
2.48
23,400
2610
2.63
24,900
2630
2.78
28,500
2700
3.10
32,000
2770
3.39
34,800
2830
3.61
37,200
2870
3.80
39,500
2910
3.98
T42H1
BTUH
WATTS
COP
14,000
2860
1.44
16,600
2920
1.67
19,300
2980
1.90
22,000
3040
2.13
24,200
3110
2.28
26,100
3170
2.42
28,000
3240
2.54
29,900
3310
2.65
33,700
3360
2.94
37,500
3400
3.24
40,600
3460
3.44
43,300
3520
3.61
46,000
3580
3.77
T48H1
BTUH
WATTS
COP
17,400
3100
1.65
20,100
3150
1.87
22,800
3190
2.10
25,600
3240
2.32
27,500
3270
2.47
29,000
3300
2.58
30,500
3330
2.69
32,000
3360
2.80
36,600
3430
3.13
41,200
3500
3.45
44,700
3560
3.68
47,400
3600
3.86
50,200
3650
4.03
T60H1
BTUH
WATTS
COP
19,600
3920
1.47
23,200
4010
1.70
26,900
4100
1.93
30,600
4190
2.14
33,700
4200
2.36
36,400
4160
2.57
39,100
4120
2.79
41,800
4080
3.01
46,900
4370
3.15
52,000
4650
3.28
56,200
4820
3.42
59,900
4910
3.58
63,600
5000
3.73
* 70°F DB indoor return air at rated CFM includes defrost operation below 45°.
Form No. S3436-714
SupersedesS3436-1113
Page
14 of 16
Clearances Required for Service Access
and Adequate Condenser Airflow
Minimum Clearances Required to
Combustible Materials
MODELS
LEFT SIDE
RIGHT SIDE
All Models
20"
20"
MODELS 
SUPPLY AIR DUCT
FIRST THREE FEET
CABINET
1/4"
0"
All Models
 Refer to the Installation Manual for more detailed information.
Dimensions of Basic Unit for Architectural & Installation Requirements (Nominal)
MODEL
WIDTH DEPTH HEIGHT SUPPLY
(W)
(D)
(H)
A
B
RETURN
C
B
E
F
G
I
J
K
L
M
N
O
P
Q
R
S1
S2
T
T24H1
38.200 17.125
T30H1
70.563 7.88 27.88 13.88 27.88 40.00 10.88 25.75 17.93 26.75 28.75 29.25 27.00 2.63 39.13 22.75 9.14 5.00 12.00 12.00 5.00
T36H1
42.075 22.432
T42H1
84.875 9.88 29.88 15.88 29.88 43.88 13.56 31.66 30.00 32.68 26.94 34.69 32.43 3.37 43.00 23.88 10.00 1.44 16.00 16.00 1.88
T48H1
42.075 22.432
T60H1
93.000 9.88 29.88 15.88 29.88 43.88 13.56 37.00 30.00 40.81 35.06 42.81 40.56 3.37 43.00 31.00 10.00 1.44 16.00 16.00 10.00
All dimensions are in inches. Dimensional drawings are not to scale.
W
Built In
Rain Hood
4° Pitch
Heater
Access
Panel
Electric
Heat
C. Breaker/
Disconnect
Access Panel
(Lockable)
E
O
D
.44
2.13
A
I
ERV and ECONWMS
only hood
5.88
Filter Access Panel
F
Ventilation Air
Standard flush
vent door for
non-ERV/Econ.
models
3"
C H
Side Wall
Mounting
Brackets
(Built In)
Supply Air Opening
R
S1
B
Top Rain
Flashing
Shipping
Location
S1
Optional
Electrical
Entrances
Return Air Opening
S1
S2
G
Condenser
Air Outlet
Front View
Low Voltage
Electrical
Entrance
High Voltage
Electrical
Entrance
Equipment Building Hood
ECONWMT-E5, -T5 is 18"
Cond.
Air
Inlet
K
J
L
M
S2
P
T
Drain
Side View
N
Q
Back View
Bottom Installation
Bracket
MIS-3123
Form No.
S3436-714
SupersedesS3436-1113
Page
15 of 16
Heat Pump Wall-Mount Model Nomenclature
T 36 H 1
A
05 X
MODEL
NUMBER |
CAPACITY |
24 - 2 Ton
30 - 2½ Ton
36 - 3 Ton
42 - 3½ Ton
48 - 4 Ton
60 - 5 Ton
KW
0Z - 0KW
04 - 4KW
05 - 5KW
06 - 6KW
F8 - 8KW
S8 - 8KW
09 - 9KW
10 -10KW
15 -15KW
20 -20KW
REVISION
HEAT PUMP
SPECIALTY PRODUCTS 
(Non-Standard)
X
FILTER OPTIONS
X -1-Inch Fiberglass (MERV 2)
M -2-Inch Pleated (MERV 11)
P -2-Inch Pleated (MERV 8)
X
X
X
SUPPLY AIR
OUTLET
X - Front (Standard)
COLOR OPTIONS
X-Beige
1-White
4 - Buckeye Gray
5 - Desert Brown
8 - Dark Bronze
S - Stainless Steel
X
CONTROL MODULES
(See Control Module Options)
COIL OPTIONS
X - Standard Hydrophilic Fin Indoor Coil & Uncoated Alum. Outdoor Coil
1 - Phenolic Coated Indoor Coil
2 - Phenolic Coated Outdoor Coil
3 - Phenolic Coated ID & OD Coil
VOLTS & PHASE |
VENTILATION OPTIONS
A - 230/208/60/1
(See Vent Options Table Below)
B - 230/208/60/3
C - 460/60/3
 For 0 KW and circuit breakers (230/208 volt) or toggle disconnect (460V) applications, insert 0Z in the KW field of the model number. See Pages 11 & 12.
 Insert “D” for dehumidification with hot gas reheat. Reference Form 7960-627 for complete details.
Ventilation Options
Models
T24H1, T30H1
Factory Installed
Code No.
X
B
M
C
V
P
S
W
T
R
R
N/A
Description
Barometric Fresh Air Damper - Standard
Blank-Off Plate
Motorized Fresh Air Damper - No Exhaust j
Commercial Ventilator - Modulating Spring Return w/Exhaust
Commercial Ventilator - Spring Return w/Exhaust
Commercial Ventilator - Power Return w/Exhaust
Economizer - Standard - Enthalpy m
Economizer - Equipment Bldg., Enthalpy n
Economizer - Equipment Bldg., DB Temp n
Energy Recovery Ventilator - 230 Volt l
Energy Recovery Ventilator - 460 Volt l
Door Kit for ERVF (Required)





T36H1, T42H1, T48H1, T60H1
Field Installed
Part No.
BFAD-3
BOP-3
MFAD-3
CRVMWH-3
CRVS-3
CRVP-3
ECONWMS-E3B k
ECONWMT-E3B k
ECONWMT-T3B k
ERVF-A3 j
ERVF-C3 j
WMDK3- l
Factory Installed
Code No.
X
B
M
C
V
P
S
W
T
R
R
N/A
Field Installed
Part No.
BFAD-5
BOP-5
MFAD-5
CHCRV-5
CRVS-5
CRVP-5
ECONWMS-E5B k
ECONWMT-E5B k
ECONWMT-T5B k
ERVF-A5 j
ERVF-C5 j
WMDK5- l
Intake and exhaust can be independently adjusted.
Insert color to match unit ("X" = Beige; "4" = Buckeye Gray; etc.)
WMDK Door Kit must be ordered in addition to ERVF Assembly and color matched to unit ("X" = Beige; "4" = Buckeye Gray; etc.)
Partial Full Flow (75% of Rated Cooling CFM). All ECONWMS versions have 3" deep intake hood.
Full Flow (100% of Rated Cooling CFM). All ECONWMT versions have 11" deep intake hood.
Heat Pump Control Modules
Low Pressure
Control 
High Pressure
Control j
Low Ambient Control
and Relay k
STD
STD
X
N/A
STD
STD
T24-48 l 230V
E
CMH-20
STD
STD
T24-48 l 460V
E
CMH-21
STD
STD
T60 l All
E
CMH-19
STD
STD
Q
CMC-14A
STD
STD
STD
STD
STD
STD
STD
STD
Start Kit l
Start Kit m
Outdoor
Thermostat
l
l
l o
l
l
l
Factory Installed Code
Field Installed Part
R
CMH-14A
Field Installed Only
CMC-15 l
Field Installed Only
SK111 m
Field Installed Only
CMC-29
STD = Standard Equipment

The high & low pressure controls are auto reset. Operating circuit includes a lockout feature and is resettable from the wall thermostat. All low pressure controls use a
timed bypass circuit to prevent nuisance tripping during low temperature start-up.

The low ambient control includes an 8201-008 (fan relay) and permits cooling operation down to 0°F.

PTCR start kit can be used with all -A single phase models. Increases starting torque 2-3x. Not used for -B or -C three phase models. Do not use if SK111 is used.

Start capacitor and potential relay start kit can be used with all -A single phase models. Increases starting torque 9x. Not used for -B or -C three phase models. Do
not use if CMC-15 is used.

The outdoor thermostat is adjustable from 0°F to 50°F. It is suitable for use as a compressor cut-off thermostat. Not available on dehumidification models. Use
outdoor sensor input to electronic thermostat.

Applies to both 230V and 460V models.

Freezestat is standard on dehumidification models. Field installed option for standard units.
NOTE: Standard heat pump control board has a 5-minute compressor anti-short cycle timer.
Bard Manufacturing Company, Inc.
Bryan, Ohio 43506
www.bardhvac.com
Form No. S3436-714
SupersedesS3436-1113
Page
16 of 16
Due to our continuous product improvement policy, all specifications subject to change without
notice.
Before purchasing this appliance, read important energy
cost and efficiency information available from your retailer.
Form No.
S3436
July, 2014
Supersedes: S3436-1113