PUBLIC WORKS DEPARTMENT MAINTENANCE DIVISION …

PUBLIC WORKS DEPARTMENT MAINTENANCE DIVISION

PROJECT TITLE:

MENLO PARK PUBLIC LIBRARY BOILER REPLACEMENT PROJECT

PROJECT NUMBER 27-033

INVITATION FOR INFORMAL BID (IFIB)

IFIB DUE DATE: THURSDAY MAY 1, 2014 AT 2:00 P.M.

A MANDATORY PRE-BID WALK THROUGH IS SCHEDULED FOR TUESDAY, APRIL 22, 2014 AT 2:00 P.M.

REQUESTS FOR ELECTRONIC BID DOCUMENTS SHOULD BE SENT TO EVA MUNOZ, SECRETARY, AT [email protected] OR CALLING 1 (650) 330-6780.

mailto:[email protected]

TABLE OF CONTENTS

Invitation for Informal Bid (IFIB) Summary……………………………………….3 Exhibit “A” Proposal……………………………………………………...…………7 Scope of Work……...………………………………………………….………….44 Job Specific Details (Performance Specifications)…………..…….………….45 Specification for RBI Futera II Boiler

Part 1 - General………………………….…………………………..…….46 Part 2 - Products……………………………………………………..….…47 Part 3 - Boiler Execution…………………………………………….….....50

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INVITATION FOR INFORMAL BID (IFIB) SUMMARY

NOTICE INVITING INFORMAL SEALED BIDS

for

Menlo Park Public Library Boiler Replacement Project

Issued: Tuesday, April 9, 2014

Mandatory Pre-Bid Walk Through Tuesday, April 22, 2014 at 2:00 PM

Menlo Park Public Library 800 Alma Street Menlo Park, CA

Bids Due Thursday, May 1, 2014 at 2:00 PM

at the City of Menlo Park Corporation Yard 333 Burgess Drive

Menlo Park, CA

Carl Thomas, Facilities Supervisor City of Menlo Park

Menlo Park Public Library Boiler Replacement Project 333 Burgess Drive Menlo Park, CA 94025

The project consists of furnishing all labor, materials, equipment, and performing all work necessary and incidental to remove and dispose of the existing Rite A150 Boiler that is currently heating the building. Supply and install one (1) RBI High Efficiency Vertically Fired Copper Fin Boilers Model FB-1500 and a new expansion tank. The boiler is located at 800 Alma Street. The estimated cost of the project is $45,000.

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All work shall be done in accordance with the City of Menlo Park Building Code requirements and State Standard Specifications. Bidders may obtain copies of the bid documents from the Public Works Department Corporation Yard 333 Burgess Drive, Menlo Park, California. Electronic documents may be obtained via email at no charge. Requests for electronic bid documents should be sent to Eva Munoz, Secretary at [email protected] or by calling (650) 330-6780. Any questions concerning the bid documents shall be addressed to Carl Thomas at (650) 330-6797. Pursuant to Section 1770, et. Seq. of the California Labor Code, the successful bidder and all subcontractors shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Prevailing wage rates and information is available on the Internet at http/://www.dir.ca.gov. Per California Civil Code Section 3247, a payment bond in the amount of 100% of the bid total will be required from the successful bidder. The bond must be provided within 10 calendar days from notice of award and prior to the performance of any work. All bidders shall be licensed under the provisions of the Business and Professions Code to do the type of work contemplated in the project. In accordance with provisions of California Public Contract Code Section 3300, the City has determined that the Contractor shall possess a valid Class C-4 license applicable to the work to be performed at the time that the bid is submitted. Failure to possess the specified license shall render the bid non-responsive. A Bid Bond equal to at least ten percent (10%) of the total amount of the bid shall be placed in the sealed Proposal. The Bid Bond shall be in one of the following forms: cash, cashier’s check or certified check payable to the City, or bidder’s bond in favor of the City executed by an authorized surety company acceptable to the City on the form included in the Proposal package. A bid will not be considered unless one of the forms of bidder’s security is enclosed with it. PERFORMANCE & PAYMENT BONDS. Guaranty bonds as set forth in these specifications, executed by a surety (or sureties) acceptable to the City on the forms provided in the Proposal package, will be required from the successful bidder. WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time of Bid Opening only by written request for the withdrawal of the bid filed with the Engineering Services Manager. The request shall be executed by the bidder or his/her duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after that time, nor may any bid be withdrawn after the time fixed in the public notice for opening of bids. RELIEF OF BIDDERS. As stated in Public Contract Code Sections 5100 to 5110, inclusive, concerning relief of bidders and in particular to the requirement therein, that, if the bidder claims a mistake was made in his/her bid, the bidder shall give the Engineering Services Manager written notice within five (5) days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred. DISQUALIFICATION OF BIDDERS. More than one Proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one Proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among the bidders, any or all proposals may be rejected. Proposals in which any of the bid item prices deviate greatly from the range of prices for the item in the other bids received may be rejected.

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PREVIOUS DISQUALIFICATION, REMOVAL OR OTHER PREVENTION OF BIDDING. A bid may be rejected on the basis of a bidder, any officer of such bidder, or any employee of such bidder who has a proprietary interest in such bidder, having been disqualified, removed, or otherwise prevented from bidding on or completing a federal, state, or local project because of a violation of law or a safety regulation. RESPONSIBILITY FOR VERIFYING CONTRACT ADDENDA. All bidders shall verify if any addenda for this project have been issued by the City of Menlo Park. It is the bidder’s responsibility to ensure that all requirements of Contract Addenda are included in the bidder’s Proposal. Each bidder shall submit with its bid a statement setting forth its experience on the forms included in the Contract Proposal. The City reserves the right to reject any or all bids; to make any awards or any rejections in what it alone considers to be in the best interest of the City, and waive any informalities or irregularities in the bids. The successful bidder must insure that employees and applicants for employment are not discriminated against on the basis of age, color, race, national origin, ancestry, religion, sex, sexual preference, marital status, and shall comply with the Americans with Disabilities Act.

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ITEM PRICE SCHEDULE

Lump Sum

SPECIAL PROVISIONS

The Contractor shall procure insurance against claims for injuries to persons or damages to property which may arise from or in connection to the performance of the work by the Contractor, his/her agents, representatives, employees or subcontractors and maintain it for the duration of the Contract. The cost of such insurance shall be considered included in the price for Contract lump sum of work involved and no additional compensation will be allowed therefore.

MINIMUM LIMITS OF INSURANCE

• Commercial General Liability of $2,000,000 combined single limit, annual aggregate for bodily injury, personal injury and property damage; and with a minimum of $1,000,000 per occurrence. • Automobile liability of $1,000,000 combined single limit per accident for bodily injury and property damage. • Workers compensation limits as required by the Labor Code of the State of California. • Employer’s liability limits of $1,000,000 per accident.

SCHEDULE

The Contractor will be expected to begin work upon receipt of the notice to proceed and, weather permitting, complete the project within ten (10) working days. Hours of construction shall be Monday–Friday 7:00 a.m.-5:00 p.m.

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BID FORMS

EXHIBIT “A” PROPOSAL

CITY OF MENLO PARK STATE OF CALIFORNIA

FOR

MENLO PARK PUBLIC LIBRARY BOILER REPLACEMENT PROJECT

PROJECT NO. 27-033

NAME OF BIDDER: BUSINESS ADDRESS: CITY, STATE, ZIP: LICENSE NO.: CLASS: EXP. DATE: TAX I.D. NO.: TELEPHONE NO: ( ) FAX NO: ( ) The work for which this Proposal is submitted is for construction in accordance with the Contract Documents, including the Special Provisions, the Agreement, the project Plans described below, and the State of California Department of Transportation Standard Specifications, May 2009 Edition. The Contract Book shall be used in conjunction with the above documents, and the State of California Department of Transportation Labor Surcharge and Equipment Rental Rates, and the State Department of Industrial Relations General Prevailing Wage Rates current at the bid opening date.

The project Plans for the work to be done are entitled “MENLO PARK PUBLIC LIBRARY BOILER REPLACEMENT PROJECT”, AND are incorporated in the Special Provisions.

PROPOSALS MUST BE SUBMITTED ON THE FOLLOWING FORMS TITLED “BID FORMS”

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BID FORMS The project consists of furnishing all labor, materials, equipment, and performing all work necessary and incidental to remove and dispose of the existing Rite A150 Boiler that is currently heating the building. Supply and install one (1) RBI High Efficiency Vertically Fired Copper Fin Boiler and a new expansion tank as indicated on the technical specifications. The project shall be awarded to the lowest responsible bidder who meets all of the Proposal Requirements, and the requirements of the Contract Documents. The Bidder shall set forth for each item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for this purpose. In the case of unit basis items, the amount set forth under the “Total” column shall be the extension of the item price bid on the basis of the estimated quantity for the item. In case of conflict between an item price in words and the price in figures, the price in words shall prevail. In case of discrepancy between an item price and the total set forth for a unit basis item, the item price shall prevail. However, if the amount set forth as an item price is ambiguous, illegible or uncertain for any cause, or is omitted, or is the same amount as the entry in the “Total” column, then the amount set forth in the “Total” column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the item price. Failure to provide the required information, or if information provided is subsequently proved false, the Proposal shall be considered as non-responsive and shall be grounds for rejection of the bid. The undersigned, as Bidder, declares that the only persons or parties interested in this Proposal as principals are those named herein; that this Proposal is made without collusion with any other person, firm or corporation; careful examination of the location of the proposed work, and the annexed proposed form of Contract, and the Plans therein referred to; and the undersigned proposes and agrees, if this Proposal is accepted, and that they will Contract with the City of Menlo Park in the form of the copy of the Contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the Contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and they will take in full payment therefore in the amounts shown on the following Item Price Schedule, to wit:

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EXHIBIT “A” PROPOSAL

ITEM PRICE SCHEDULE

Item

No. Item Description

Item Price

(In words)

Total Contract Sum

(In figures)

1

The project consists of furnishing all labor, materials, equipment, and performing all work necessary and incidental to remove and dispose of the existing Rite A150 boiler. Supply and install one (1) New RBI Futura II Series Model FB-1500 High Efficiency Vertically Fired Copper Fin Boiler and a new expansion tank.

DOLLARS $

TOTAL DOLLARS $

(Abbreviations: LF=linear feet, SF=square feet, SY=square yards, CY=cubic yards, TN=tons, LS=lump sum, EA=each)

Prices shall be good for 60 days from opening of bids.

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BID FORMS

EXPERIENCE QUALIFICATIONS

The bidder has been engaged in the contracting business under State License No. for a period of years.

The bidder’s three most recently completed Contracts are:

1. Title of Project:

Owner:

Address:

Telephone No.:

Engineer in Charge:

Date Accepted:

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BID FORMS

EXPERIENCE QUALIFICATIONS CONTINUED


Owner:

Address:

Telephone No.:

Engineer in Charge:

Date Accepted:


Owner:

Address:

Telephone No.:

Engineer in Charge:

Date Accepted:

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BID BOND

Note: Bidders may use this form as the Bid Bond to accompany proposals or may substitute standardized bond forms prepared by their surety. If substitute forms are submitted, the following text shall be included. KNOW ALL PERSONS BY THESE PRESENTS, that we, , as Principal, and , as Surety, are held and firmly bound unto the City of Menlo Park, hereinafter called “City”, in penal sum of ten percent (10%) OF THE TOTAL AMOUNT OF THE BID OF THE PRINCIPAL submitted to the said City for the work described below for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that, whereas the Principal has submitted the accompanying Proposal dated , 2014, for the “MENLO PARK PUBLIC LIBRARY BOILER REPLACEMENT PROJECT” NOW, THEREFORE, if the Principal shall not withdraw said Proposal prior to the date and time for the opening of bids, and if the Principal is awarded the Contract and shall within the period specified in the Proposal after receiving notice that the Contract has been awarded and the prescribed forms are presented to him/her for signature, enter in a written Contract with the City, in accordance with the Proposal as accepted and give insurance and bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract and for the payment for labor and materials used for the performance of the Contract, or in the event of the withdrawal of said Proposal within the period specified or the failure to enter into such Contract and give such City bonds, within the time specified, if the Principal shall pay the City the difference between the amount specified in said Proposal and the amount for which the City may procure the required work and/or supplies, if the latter amount be in excess of the former, together with all costs incurred by the City in again calling for bids, then the above obligation shall be voided and of no effect, otherwise to remain in full force and virtue. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract on the call for bids, or to the work to be performed thereunder, or the specifications accompanying the same, shall in anywise affect its obligation under this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said Contract or the call for bids, or to the work, or to the specifications. In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney’s fee to be fixed by the court.

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IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals this day of , 2014, the name and corporate seals of each

corporate party being hereto affixed and these presents duly signed by its undersigned representatives, pursuant to authority of its governing body.

(Corporate Seal) Principal:

By:

(Acknowledgment)

Title:

(Corporate Seal) Surety: By:

Attorneys-in-fact (Acknowledgment)

Title:

NOTE TO SURETY COMPANY: The following form of acknowledgment should be used. If any other form of acknowledgment is used, there must be submitted a certified copy of unrevoked resolution of authority for the attorney-in-fact. NOTARIAL ACKNOWLEDGMENT OF ATTORNEY-IN-FACT OF SURETY STATE OF CALIFORNIA ) ) ss: COUNTY OF ) On ________________________, before me, _______________________ , Notary Public, personally appeared _______________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature

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ALTERNATE FORM OF BID DEPOSIT

Note: Bidders may use this form as the Bid Deposit to accompany proposals when submitting a cashier’s check or a certified check, which must accompany this form. KNOW ALL PERSONS BY THESE PRESENTS, that we, , as Principal, are held and firmly bound unto the City of Menlo Park, hereinafter called “City”, in penal sum of ten percent (10%) OF THE TOTAL AMOUNT OF THE BID OF THE PRINCIPAL submitted to the said City for the work described below for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE EXACT FORM OF THIS DEPOSIT is as hereby described as:

THE CONDITION OF THIS OBLIGATION IS SUCH that, whereas the Principal has submitted the accompanying Proposal dated , 2014, for the “MENLO PARK PUBLIC LIBRARY BOILER REPLACEMENT PROJECT”, NOW, THEREFORE, if the Principal shall not withdraw said Proposal prior to the date and time for the opening of bids, and if the Principal is awarded the Contract and shall within the period specified in the Proposal after receiving notice that the Contract has been awarded and the prescribed forms are presented to him/her for signature, enter in a written Contract with the City, in accordance with the Proposal as accepted and give insurance and bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract and for the payment for labor and materials used for the performance of the Contract, or in the event of the withdrawal of said Proposal within the period specified or the failure to enter into such Contract and give such City bonds, within the time specified, if the Principal shall pay the City the difference between the amount specified in said Proposal and the amount for which the City may procure the required work and/or supplies, if the latter amount be in excess of the former, together with all costs incurred by the City in again calling for bids, then the above obligation shall be voided and of no effect, otherwise to remain in full force and virtue. Principal hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract on the call for bids, or to the work to be performed thereunder, or the specifications accompanying the same, shall in anywise affect its obligation, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said Contract or the call for bids, or to the work, or to the specifications. In the event suit is brought upon this Deposit by the City and judgment is recovered, all costs incurred by the City in such suit, including a reasonable attorney’s fee to be fixed by the court shall also be added to the judgment award and be payable from the funds or instrument constituting this Deposit.

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IN WITNESS WHEREOF, the above-bounded party has executed this instrument on this day of , 2014, the name, and corporate seal if a corporation, being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Corporate Seal) Principal:

By:

(Acknowledgment)

Title:

NOTARIAL ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss: COUNTY OF ) On ________________________, before me, _______________________ , Notary Public, personally appeared _______________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature

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PROPOSAL – SIGNATURES PAGE

The undersigned, representing , hereby certifies that the information presented on the preceding pages is a true and correct Bid for the project identified as the:

“MENLO PARK PUBLIC LIBRARY BOILER REPLACEMENT PROJECT” and they agree to the stipulations contained in this proposal package. SIGNATURE OF COMPANY REPRESENTATIVE: NAME OF COMPANY REPRESENTATIVE: TITLE OF COMPANY REPRESENTATIVE: DATE EXECUTED:

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CITY OF MENLO PARK

AFFIRMATIVE ACTION PROGRAM

Please find attached a set of forms to be completed in response to the City of Menlo

Park’s Affirmative Action Program. A copy of Resolution No. 2340, which sets out the Affirmative Action Program and suggested Guidelines, is available at the Office of the Engineering Services Manager. Included in the set are the following: 1. Compliance Report, which requires the bidder to answer certain questions on the status of his/her

company concerning equal employment opportunities. 2. Ethnic make-up of the bidder’s firm is also required. One form is for the racial make-up of the

company as a whole; and the other is for the estimated racial make-up of the portion of the firm’s work force on the proposed job if not all of the firm’s employees will work on this project.

Copies may be made of the forms included in this Proposal package for use by the Prime Contractor’s subcontractors.

The following documents must be submitted to the City Clerk by the apparent low bidder and the second lowest bidder, and all subcontractors, within 2 business days of the bid opening: MINORITY EMPLOYMENT PROGRAM (M.E.P.): a) A Compliance Report (on the included form) b) A completed Ethnic Characteristic of Company Report (on the included form) c) A completed Ethnic Characteristics of Work Force for Project Report (on the included form; for

small firms this may be identical to b) above) d) A copy of the bidder’s statement outlining the company’s policy of equal opportunity employment

and the steps taken to implement this policy, including or accompanied by a certificate of non-discrimination (your own company’s form).

If there are any questions regarding these reports, please call the Engineering Division at (650) 330-6740.

NOTE: ONCE THE AWARD OF THE CONTRACT TO THE SUCCESSFUL BIDDER HAS BEEN MADE BY THE CITY, THE APPROVED M.E.P. BECOMES AN INTEGRAL PART OF THE CONTRACT. See, also, the Labor Nondiscrimination section of the Special Provisions.

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CITY OF MENLO PARK COMPLIANCE REPORT

Nondiscriminatory Employment Provisions Prime Contractor and each subcontractor must complete this report. Submit originals of this report to: Engineering Division, 701 Laurel Street, Menlo Park, CA 94025

PROJECT: "MENLO PARK PUBLIC LIBRARY BOILER REPLACEMENT PROJECT" NAME OF FIRM: _________________________________ PHONE: ____________________________ PERSON TO CONTACT: _________________________ PHONE: ___________________________ Check One: Prime Contractor Subcontractor ______ COMPLETE THE FOLLOWING:

Part I 1. Full name of firm: ________________________________________________

Address of principal office: ________________________________________________

2. Name of principal official:

Address of official:

3. Name and address of

parent company

(if applicable):

4. Address of local office of _______________________________________________

company (if different ________________________________________________

from line 1 above): ________________________________________________

5. Name and address of prime ________________________________________________

Contractor: (complete this ________________________________________________

only if this report is a ________________________________________________ subcontractor’s report)

6. Signature and title of ________________________________________________

authorized representative: ________________________________________________

Date:

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Part II (Circle the proper answer) 1. Yes No Have you informed company officials and representatives regarding the

non-discrimination provisions of City of Menlo Park Contracts?

2. Yes No Have you examined your company’s practices regarding assignments, layoffs or transfers of your employees from one job to another, for evidence of a practice or employment pattern that might appear to be discriminatory and based upon race, religion or national origin?

3. Yes No Are they non-discriminatory?

4. Yes No Do you have educational or training programs sponsored or financed for the benefit of employees or prospective employees?

a. How many people participate in these programs? b. How many are minorities?

5. Yes No Does your “Help Wanted” advertisement state that you are an equal opportunity employer?

6. Yes No Are any apprentices obtained from sources outside the employer’s work force? If yes, have you circulated information about apprenticeship openings or opportunities to the following?

Yes No State employment offices. Yes No Newspapers or other media. Yes No High schools, including those in minority group areas. Yes No Local trade or vocational schools, including those with minority group students. Yes No Agencies and/or organization specializing in minority employment. Yes No Federal or state apprenticeship representative. Who? Others? Others?

7. Yes No If you are a prime Contractor, have all subcontractors covered by these compliance inspection reports been instructed as to their contractual obligations relating to the non-discrimination provisions of City of Menlo Park contracts? Explain: _____________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

8. Yes No Have all recruitment sources been advised that all qualified applicants will receive consideration for employment without regard to race, color, creed or national origin?

9. Identify (names and addresses) the employment agencies, personnel recruitment organizations, newspaper advertising or other non-union sources from which the company recruits its personnel: ___________________________________________ ____________________________________________________________________

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Part III 1. Yes No Have you a collective bargaining agreement with a labor union or other

organization? If yes, specify the union(s) or organization(s).

2. Yes No Have you advised the labor union and/or worker organization of the company’s responsibility under the non-discrimination provisions of City contracts?

3. Approximately what percentage of your employees covered by union agreements are referred by or hired through the unions? % Explain your procedure for hiring the balance: _____________________________________________________

____________________________________________________________________

____________________________________________________________________

4. Yes No Does the company’s collective bargaining agreement or other Contract understanding with a labor union (or unions) or other worker’s organization include a provision for non-discrimination in employment?

5. Yes No Is there any labor union or worker’s organization policy which prevents you from fulfilling your obligations under the non-discrimination provisions of City Contracts? If so, specify: _________________________________________________________

6. Specify the trade(s) or craft(s) involved in this Contract: ________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

7. Use this space for additional comments on any answers you have provided, and attach separate sheet if necessary. ________________________________________

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ETHNIC CHARACTERISTICS REPORT PERMANENT MAKE-UP OF COMPANY

AME OF FIRM: _____________________________________________________________________

NAME OF PROJECT: "MENLO PARK PUBLIC LIBRARY BOILER REPLACEMENT PROJECT”

DATE FORM SUBMITTED: ____________________________________________________________

PERSON SUBMITTING FORM: ________________________________________________________

Be sure to include all employees in first column, not just minorities. JOB CATEGORIES TOTAL # OF

EMPLOYEES BLACK ASIAN AMERICAN

INDIAN HISPANIC

1. Officials & Managers

2. Professionals

3. Clerical & Office

4. Field Supervisor

5. Skilled (specify trade)

a)

b)

c)

d)

e)

f)

g)

6. Unskilled (specify)

a)

b)

c)

d)

7. TOTAL - Items 1 thru 6

The data below should also be included in the figures for the appropriate occupational categories above.

On-the-job

Training

White Collar

Production

Report only employees enrolled in formal on-the-job training programs.

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ETHNIC CHARACTERISTICS REPORT REPORT FOR THIS PROJECT

NAME OF FIRM: ____________________________________________________________________

NAME OF PROJECT: "MENLO PARK PUBLIC LIBRARY BOILER REPLACEMENT P”OJECT" DATE FORM SUBMITTED: ____________________________________________________________

PERSON SUBMITTING FORM: ________________________________________________________

Be sure to include all employees in first column, not just minorities. JOB CATEGORIES TOTAL # OF

EMPLOYEES BLACK ASIAN AMERICAN

INDIAN HISPANIC

1. Officials & Managers

2. Professionals

3. Clerical & Office

4. Field Supervisor

5. Skilled (specify trade)

a)

b)

c)

d)

e)

f)

g)

6. Unskilled (specify)

a)

b)

c)

d)

7. TOTAL - Items 1 thru 6

The data below should also be included in the figures for the appropriate occupational categories above. On-the-job White Collar

Training Production

Report only employees enrolled in formal on-the-job training programs.

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AGREEMENT

THIS AGREEMENT, made, executed, and entered into this day of , 2014, by and between the City of Menlo Park a Municipal Corporation, hereinafter referred to as the City, and , hereinafter referred to as the Contractor.

W I T N E S S E T H

ARTICLE 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Contractor agrees at its own cost and expense to do all the work and furnish all materials necessary to complete in a good workmanlike and substantial manner all that certain work involved and concerned with the "MENLO PARK PUBLIC LIBRARY BOILER REPLACEMENT PROJECT". Said work shall be done in manner and in accordance with the terms of the Contract as the same is defined in Article 4 herein.

ARTICLE 2. Said Contractor agrees to receive and accept the prices stated in the Contractor’s Proposal to the City Council, entitled “EXHIBIT ‘A,’ “Proposal to the City Council” and attached hereto, as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of the work and for well and faithfully completing the work and the whole thereof, in the manner and according to the Plans and/or Drawings and the Special Provisions.

ARTICLE 3. The City hereby promises and agrees with the Contractor, to employ, and does employ, hereby, said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained.

ARTICLE 4. The complete Contract consists of the following documents: Notice to Bidders, Proposal, Minority Employment Program, Agreement, Contract Provisions and Plans and/or Drawings. The rights and obligations of the parties herein are governed by all of said documents, which are to be construed as a single Contract. The decision of the Engineering Services Manager of the City of Menlo Park as to the interpretation of said Contract shall be final and binding on the parties hereto.

ARTICLE 5. It is expressly stipulated and agreed that all legal and statutory requirements relating to the execution of this Agreement and the notice inviting bids have been met. Any alleged defect or omission in the proceedings preceding the execution of this Agreement is hereby waived by the Contractor.

ARTICLE 6. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from

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purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.

ARTICLE 7. Waivers of a breach or default under this Agreement shall not constitute a

continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.

ARTICLE 8. In the event that any term or portion of this Agreement is held invalid by a court of

competent jurisdiction, the Agreement shall be construed as not containing that term or portion, and the remainder of this Agreement shall remain in full force and effect.

ARTICLE 9. The interpretation, validity, and enforcement of this Agreement shall be governed

by and construed under the laws of the State of California. Any suit, claim, or legal proceeding of any kind relating to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of San Mateo. IN WITNESS WHEREOF, the parties have executed this instrument the year and date first above written. CITY OF MENLO PARK A Municipal Corporation _________________________________________ Alex D. McIntyre ATTEST: City Manager __________________________________ City Clerk, City of Menlo Park

CONTRACTOR (Name): ______________________________________

By: ______________________________________

Title: ______________________________________

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NOTARIAL ACKNOWLEDGMENT OF PRINCIPAL FOR THE CONTRACTOR STATE OF CALIFORNIA } } ss. COUNTY OF } On , before me, a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. _________________________________________

Notary Public (Seal)

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GENERAL LIABILITY ENDORSEMENT

CITY OF MENLO PARK (“the City”) CIVIC CENTER, MENLO PARK, CA 94025

A. POLICY INFORMATION 1. Insurance Company:

Policy Number:

2. Policy Term: From: To: Endorsement Effective Date:

3. Named Insured: 4. Address of Named Insured: 5. Limit of Liability Any One Occurrence/Aggregate $1,000,000/$2,000,000 6. Deductible or Self-Insured Retention (Nil unless otherwise specified): 7. “Claims Made” coverage: Retroactive Date: Tails:

B. POLICY AMENDMENTS This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto it is agreed as follows: 1. INSURED: The City, its elected or appointed officials, employees, agents and volunteers are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured. 2. CONTRIBUTION NOT REQUIRED: As respects: (a) work performed by the Named Insured for or on behalf of the City; or (b) products sold by the Named Insured to the City, or (c) premises leased by the Named Insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its elected or appointed officials, employees, agents or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its elected or appointed officials, employees, agents or volunteers shall be excess of this insurance and shall not contribute with it.

3. SCOPE OF COVERAGE: The policy: (1) if primary, affords coverage at least as broad as

Insurance Services Office form for Broad Form Commercial General Liability Insurance and Insurance Services Office form for Broad Form Commercial General Liability endorsement; or (2) if excess, affords

coverage which is at least as broad as the Primary Insurance form referenced in Section (1) above.

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4. SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured seeking coverage or against whom a claim is made or a suit is brought, except with respect to the Company’s limit of liability. 5. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City, its elected or appointed officials, employees or volunteers. 6. CANCELLATION NOTICE: The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by Certified Mail Return Receipt Requested have been given to the City. Such notice shall be addressed as shown in the heading of this endorsement. C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, (print/type name), warrant that I have authority to bind the below-listed insurance company and by my signature hereon do so bind this company. Signature: Authorized Representative (original signature on endorsement furnished to the City) TITLE: ORGANIZATION: ADDRESS: TELEPHONE:

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AUTOMOBILE LIABILITY ENDORSEMENT CITY OF MENLO PARK (“the City”)

CIVIC CENTER, MENLO PARK, CA 94025 A. POLICY INFORMATION 1. Insurance Company:

Policy Number:

2. Policy Term: From: To: Endorsement Effective Date:

3. Named Insured: 4. Address of Named Insured: 5. Limit of Liability Any One Occurrence/Aggregate $1,000,000.00 6. Deductible or Self-Insured Retention (Nil unless otherwise specified): 7. “Claims Made” coverage: Retroactive Date: Tails:

B. POLICY AMENDMENTS This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto it is agreed as follows: 1. INSURED: The City, its elected or appointed officials, employees, agents and volunteers are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured. 2. CONTRIBUTION NOT REQUIRED: As respects: (a) work performed by the Named Insured for or on behalf of the City; or (b) products sold by the Named Insured to the City, or (c) premises leased by the Named Insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its elected or appointed officials, employees, agents or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its elected or appointed officials, employees, agents or volunteers shall be excess of this insurance and shall not contribute with it.

3. SCOPE OF COVERAGE: This policy affords coverage to the Named Insured which is at least

as broad as Insurance Services Office form for Automobile Liability, Code 1 (“any auto”). 4. SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured seeking coverage or against whom a claim is made or a suit is brought, except with respect

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to the Company’s limit of liability. 5. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City, its elected or appointed officials, employees or volunteers. 6. CANCELLATION NOTICE: The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by Certified Mail Return Receipt Requested have been given to the City. Such notice shall be addressed as shown in the heading of this endorsement. C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, (print/type name), warrant that I have authority to bind the below-listed insurance company and by my signature hereon do so bind this company. Signature: Authorized Representative (original signature on endorsement furnished to the City) TITLE: ORGANIZATION: ADDRESS: TELEPHONE:

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WORKERS COMPENSATION/EMPLOYEES LIABILITY ENDORSEMENT CITY OF MENLO PARK (“the City”)

CIVIC CENTER, MENLO PARK, CA 94025 A. POLICY INFORMATION 1. Insurance Company:

Policy Number:

2. Endorsement Effective Date: 3. Named Insured: 4. Employer’s Liability Limits (coverage B) $1,000,000.00

B. POLICY AMENDMENTS: This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto it is agreed as follows: 1. CANCELLATION NOTICE: The insurance afforded to this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by Certified Mail Return Receipt Requested have been given to the City. Such notice shall be addressed as shown in the heading of this endorsement. 2. WAIVER OF SUBROGATION: The Company agrees to waive all rights of subrogation against the City, its elected or appointed officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the City. C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, (print/type name), warrant that I have authority to bind the below-listed insurance company and by my signature hereon do so bind this company. Signature: Authorized Representative (original signature on endorsement furnished to the City) TITLE: ORGANIZATION: ADDRESS: TELEPHONE:

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CERTIFICATE OF INSURANCE

CITY OF MENLO PARK ("the City") CIVIC CENTER, MENLO PARK, CA 94025

This certifies that the following described policies have been issued to the insured named below and are in force at this time. Insured ____________________________________________________________________________ Address ___________________________________________________________________________ Description of operations/locations/products insured (show Contract name and/or number if any).

POLICIES AND INSURERS LIMITS Bodily Injury Property Damage

Expiration Date/ Policy Number

Worker’s Compensation

Insurer

Employer’s Liability $ 1,000,000 per accident

Commercial General Liability

Insurer

Each Occurrence $1,000,000 Aggregate $2,000,000 Combined Single Limit

Each Occurrence $1,000,000 Aggregate $2,000,000 Combined Single Limit

Business Auto Policy Liability

Coverage Symbol

Insurer

Each Person $1,000,000 Each Accident $1,000,000

Each Accident Combined Single Limit $1,000,000

Umbrella Liability

Insurer

Occurrence/Aggregate $ Self-Retention $

The following coverages or conditions are in effect: Yes No The City, its officials, employees, agents and volunteers are named on

all liability policies described above as insureds as respects: (a) activities performed for the City or on behalf of the named insured, (b) products and completed operations of the named insured and (c) premises owned, leased or used by the named insured.

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Products and completed operations: Yes No The undersigned will mail to the City 30 days written notice of

cancellation or reduction of coverage or limits, cross liability clause (or equivalent wording).

Yes No Personal Injury, perils A, B, and C. Yes No Broad form property damage. Yes No X, C, U hazards included. Yes No Contractual liability coverage applying to this Contract. Yes No Liquor liability. Yes No Coverage afforded the City, its officials, employees, agents and

volunteers as an insured applies as primary and not excess or contributing to any insurance issued in the name of the City.

Yes No Waiver of subrogation from worker’s compensation insurer. This certificate is issued as a matter of information. This certificate is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Not withstanding any requirement, term or condition of any Contract or other document with respect to which this certificate or insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.

Agency or Brokerage Insurance Company

Agency or Brokerage Address Home Office Address

Name of Person to be Contacted Authorized Signature

Telephone Date Note: Authorized signature may be the agent’s, if agent has placed insurance through an agency

agreement with the insurer. If insurance is brokered, authorized signature must be that of official of insurer.

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PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City of Menlo Park, California, a municipal corporation, has awarded to , hereinafter designated as the "Principal," a Contract for the "MENLO PARK PUBLIC LIBRARY BOILER REPLACEMENT PROJECT"; and, WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract, NOW, THEREFORE, we the Principal, and as Surety, are held and firmly bound unto the City of Menlo Park in the penal sum of DOLLARS ($ ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounded Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in said Contract and any alteration thereof made as therein provided, on his/her or their part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning; and shall defend, indemnify and save harmless the City of Menlo Park, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. Surety, for value received hereby stipulates and agrees that, in accordance with the Plans, Standard Specifications, Contract Provisions and other Contract Documents, no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the Contract or to the work or to the specifications.

Approved as to form on behalf of “City”: Signature Title of official:

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IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this day of , 2014, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Corporate Seal) Principal:

By:

(Acknowledgment)

Title:


Attorneys-in-fact (Acknowledgment)

Title:

NOTE TO SURETY COMPANY: The following form of acknowledgment should be used. If any other form of acknowledgment is used, there must be submitted a certified copy of unrevoked resolution of authority for the attorney-in fact. NOTARIAL ACKNOWLEDGMENT OF ATTORNEY-IN-FACT OF SURETY STATE OF CALIFORNIA } } ss. COUNTY OF } On , before me, ______________________ ,a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that /they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal.

________________________________________


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PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City of Menlo Park, California, a municipal corporation, has awarded to , hereinafter designated as the "Principal," a Contract for the "MENLO PARK PUBLIC LIBRARY BOILER REPLACEMENT PROJECT"; and, WHEREAS, said Principal is required to furnish a bond in connection with said Contract, to secure payment of claims of laborers, mechanics, or material persons employed on work under said Contract, as provided by law, NOW, THEREFORE, we the undersigned Principal and as Surety, are held and firmly bound unto the City of Menlo Park in the sum of DOLLARS ($ ), said sum being equal to the estimated amount payable by said City of Menlo Park under the terms of the Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if said Principal, his/her or its heirs, executors, administrators, successors, or assigns, or subcontractors shall fail to pay for any material, provisions, provender or other supplies, implements or machinery used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his/her subcontractors pursuant to the Revenue and Taxation Code, with respect to such work and labor, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be voided. In case suit is brought upon this bond, said Surety will pay a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. Said Surety, for value received, hereby stipulates and agrees that, in accordance with the Plan, Standard Specifications, Special Provisions and other Contract Documents, no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.

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IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their seals this day of , 2014, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Corporate Seal) Principal:

By:

(Acknowledgment) Title:


Attorneys-in-fact


(Seal)

(Witness) Approved as to form on behalf of “City”: Signature Title of official:

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NOTE TO SURETY COMPANY: The following form of acknowledgment should be used. If any other form of acknowledgment is used, there must be submitted a certified copy of unrevoked resolution of authority for the attorney-in-fact. NOTARIAL ACKNOWLEDGMENT OF ATTORNEY-IN-FACT OF SURETY STATE OF CALIFORNIA } } ss. COUNTY OF } On ____________________ , before me, ___________________________________ ,a Notary Public, personally appeared ____________________________________ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal.


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ESCROW FOR SECURITY DEPOSIT IN LIEU OF RETENTION

This Escrow Agreement is made and entered into by and between the City of Menlo Park, whose address is Civic Center, 701 Laurel Street, Menlo Park, CA 94025, hereinafter called "City," __________________________________________________________ , hereinafter called "Contractor", and _________________________________________________________________ , whose address is __________________________________________________ , hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor, and Escrow Agent agree as follows: (1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for "MENLO PARK PUBLIC LIBRARY BOILER REPLACEMENT PROJECT” in the amount of $ dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the City and Contractor. Securities shall be held in the name of City of Menlo Park, and shall designate the Contractor as the beneficial owner. (2) The City shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract Documents, provided that the Escrow Agent holds securities in the form and amount specified above. (3) When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this Contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly.

(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. (6) The Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the

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Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. (7) The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. (8) Upon receipt of written notification from the City certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) The Escrow Agent shall rely on the written notification from the City and the Contractor pursuant to Sections (5) to (8) inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. (10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures, are as follows: On behalf of City: On behalf of Contractor: Title Title Name Name Signature Signature Address Address

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On behalf of Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. City Contractor Title Title Name Name Signature Signature

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MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City of Menlo Park, California, a municipal corporation, has awarded to , hereinafter designated as the "Principal," a Contract for the "MENLO PARK PUBLIC LIBRARY BOILER REPLACEMENT PROJECT"; and, WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the correction of any defects due to defective materials or workmanship in the work performed under said Contract, NOW, THEREFORE, we the undersigned Principal, and as Surety, are held and firmly bound unto the City of Menlo Park in the penal sum of DOLLARS ($ ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if, during a maintenance period of one (1) year from the date of acceptance of the contracted work, the Contractor upon receiving written notice of a need for repairs which are directly attributable to defective materials or workmanship, shall diligently take the necessary steps to correct said defects within seven (7) days from the date of said notice, then this obligation shall be null and void; otherwise it shall remain in full force and effect. If any action shall be brought by City upon this bond, a reasonable attorney's fee, to be fixed by the Court, shall be and become a part of City's judgment in any such action. No right of action shall accrue on this bond to, or for the use of, any person or corporation other than the City named herein or the heirs, executors, administrator or successor of the City.

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IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their seals this day of , 2014, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Corporate Seal) Principal:

By:



Attorneys-in-fact


(Seal)

(Witness) Approved as to form: _______________________________ City

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NOTE TO SURETY COMPANY: The following form of acknowledgment should be used. If any other form of acknowledgment is used, there must be submitted a certified copy of unrevoked resolution of authority for the attorney-in-fact. NOTARIAL ACKNOWLEDGMENT OF ATTORNEY-IN-FACT OF SURETY STATE OF CALIFORNIA } } ss. COUNTY OF } On _______________________ , before me, ________________________________________ ,a Notary Public, personally appeared ____________________________________ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal.


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SCOPE OF WORK

The Scope of Work for the Menlo Park Public Library Boiler Replacement Project consists of:

• Remove and dispose of the existing (Defective) Rite Boiler Model A-150 that is currently serving the hydronic heating system.

• Supply and install One (1) New RBI FUTERA II High Efficiency Vertically Fired Copper Fin Boiler Model FB-1500 to include the following trim: • 1,500,000 BTU Input / 1,275,000 BTU Output • 85% Efficiency

• LOW NOx Sub 30 NOx per the BAAQMD Reg. 9 Rule 7 Requirement

• Natural Gas Fire

• California Code Trim

• ASME-CSD-1 Trim

• Honeywell RM7800 Series Flame Safeguard Control (Display Module Included)

• Primary Pump Mounted on Each Boiler w/ contactor & time delay relay mounted in control panel.

• 120 VAC Control Voltage

• Stainless Steel Exterior Cabinet

• 75 PSIG relief valve

• DDC / EMS Relays (Factory Wired)

• 24 VAC Start/Stop (Enable/Disable)

• Flame Failure Alarm Relay (Dry Contacts)

• Run Status Relay (Dry Contacts)

Trim: • Bronze Headers

• Sealed Combustion

• LOW NOx

• Finned Copper Tube Heat Exchanger • High Strength Low Alloy Steel Burners

• Low Air Pressure Switch

• Stainless Steel Combustion Chamber

• Heat Exchanger Drain Valves • Temp. & Press. Gauge

• Flow Switch Mounted and Wired

• Operating Aquastat

• Pump Delay Relay

• Intake Air Filter

• Two Thermometers

• Self Diagnostic Flame Safeguard Control

• Manual Reset High Limit

• Barometric Damper (Std. Cat. 1 Vent – Type B)

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JOB SPECIFIC DETAILS (PERFORMANCE SPECIFICATIONS) The Job Specific Details (Performance Specifications) for the Menlo Park Public Library Boiler Replacement Project consists of:

1. Contractor shall be responsible for the removal of the existing Rite boiler.

2. Contractor shall be responsible for proper piping method to comply with the specified boiler manufacturers Rep. Primary Secondary piping is required on heating boiler.

3. Contractor shall be responsible to provide all require installation materials: Pipe Fittings, Support Systems, Flue Material as well as any additional controls or components for a “Turn Key” installation. All materials provided shall be in compliance with the boiler manufacturer as well as U.M.C., U.P.C., A.G.A., C.S.A., U.E.C.

4. Contractor shall provide factory authorized start up & owner training and shall provide a combustion print out as well as a factory start up sheet.

5. Contractor shall assist the City of Menlo Park with the PG&E Rebate Incentive program.

6. All hydronic piping shall be Type L copper or brass.

7. All gas piping shall be Sched. 40 Black Threaded Pipe.

8. The existing air separator shall be relocated to supply.

9. Installing contractor shall provide a new pressure reducing valve station to include a B&G B-7-12 PRV, Manual Bypass as well as inlet/outlet pressure gauges. Also, provide and install a new Backflow Prevention Valve.

10. The existing expansion tank shall be replaced with a new Wessels Model NLA-300 (Cal/Code Sight Glass).

11. Contractor shall provide seismic anchorage and support systems for all components.

12. All new flue material shall be Cat. I (Type B).

13. Electrical: The new boiler will require Two (2) 120 VAC-15 AMP-1PH circuits. There will be two dedicated circuits present. The existing boiler power shall suffice for the new boiler controls. There is a second circuit (2x4 enclosure and switch) available on a wall approximately 10 Ft. or less from the new boiler location. The contractor shall run the conduit & wiring from the new switch to the new boiler’s circulation pump.

14. The contractor shall provide combustion prints in both High & Low Fire. Startup should be performed by the boiler manufacturer representative.

15. Any damage or clean up required to the existing building due to demo or material handling in regards to this project shall be physically and financially the responsibility of the awarded contractor.

16. The Contractor will be required to obtain and pay all required fees for a City of Menlo Park Business License. Contractor will be required to obtain a Building Permit and meet Building Permit requirements which shall be included in the cost of the bid. Building Permit fees shall be paid for by the City of Menlo Park. However, special inspections & necessary corrections (if any) shall be the responsibility of the Contractor.

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SPECIFICATIONS FOR RBI FUTERA II BOILER PART 1 - GENERAL 1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section.

1.2 SUMMARY

A. This Section includes gas fired, finned copper water tube boilers for heating hot water.

B. Related Sections include the following:

1. Division 23 Section “Breechings, Chimneys, and Stacks” for connections to

breechings, chimneys, and stacks.

2. Division 23 Section “Feedwater Equipment” for connections to condensate and feedwater system.

3. Division 23 Sections for control wiring for automatic temperature control. 1.3 SUBMITTALS

A. Product Data: Include rated capacities; shipping, installed, and operating weights; furnished specialties; and accessories for each model indicated.

B. Shop Drawings: Detail equipment assemblies and indicate dimensions, required

clearances, and method of field assembly, components, and location and size of each field connection.

1. Wiring Diagrams: Detail wiring for power, signal, and control systems and

differentiate between manufacturers installed and field installed wiring.

C. Source Quality Control Tests and Inspection Reports: Indicate and interpret test results for compliance with performance requirements before shipping.

D. Field Test Reports: Indicate and interpret test results for compliance with performance

requirements.

E. Maintenance Data: Include in the maintenance manuals specified in Division 1. Include parts list, maintenance guide, and wiring diagrams for each boiler.

1.4 QUALITY ASSURANCE A. Listing and Labeling: Provide electrically operated components specified in this Section

that are listed and labeled.

1. The Terms “Listed” and “Labeled”: As defined in NFPA 70, Article 100.

2. Listing and Labeling Agency Qualifications: A “Nationally Recognized Testing Laboratory” as defined in OSHA Regulation 1910.7.

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SPECIFICATIONS FOR RBI FUTERA II BOILER B. ASME Compliance: Boilers shall bear ASME “H” stamp and be National Board listed.

C. CSD-1 Compliance: Control devices and control sequences according to requirements

of CSD-1. D. FM Compliance: Control devices and control sequences according to requirements of

FM. E. Comply with NFPA 70 for electrical components and installation.

1.5 COORDINATION

A. Coordinate size and location of concrete bases. Concrete, reinforcement, and formwork

requirements are specified in Division 3 Section “Cast-in-Place Concrete.” 1.6 WARRANTY

A. General Warranty: The special warranty specified in this Article shall not deprive the

Owner of other rights the Owner may have under other provisions of the Contract Documents and shall be in addition to, and run concurrent with, other warranties made by the Contractor under requirements of the Contract Documents. Installing contractor shall provide one year of warranty parts and labor.

B. Special Warranty: Submit a written warranty, executed by the contractor for the heat

exchanger.

1. Warranty Period: Manufacturer’s standard, but not less than 10 years from date of Substantial Completion on the heat exchanger. Warranty shall be non-prorated and not limited to thermal shock. Additional 21 year thermal shock warranty on heat exchanger.

PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Available Manufacturers: Manufacturer shall be a company specializing in manufacturing

the products specified in this section with minimum ten (10) years experience. Subject to compliance with requirements, manufacturers offering boilers that may be incorporated into the Work include, but are not limited to, the following:

B. Design: Boilers shall be CSA design certified and shall not release any condensate

during operation. Boilers shall be designed for operation with natural or propane and have a CSA certified input rating as noted on the drawings, and a thermal efficiency rating of 85%.

C. Service Access: The boilers shall be provided with access covers for easily accessing all

serviceable components. The boilers shall not be manufactured with large enclosures, which are difficult to remove and reinstall. All accesses must seal completely as not to disrupt the sealed combustion process. All gas train components and blower motor must be accessible and able to adjust without the removal of covers or cabinet components.

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SPECIFICATIONS FOR RBI FUTERA II BOILER

D. Indicating Lights: Each boiler shall include a diagnostic control panel indicating power on, operator, high limit, low water, low air, trial for ignition, main burner, flame failure, and inlet/outlet temperatures incorporated into the boiler. Access to the controls shall be through a control access door leaving diagnostic panel intact and not disrupted.

E. Manufacturers: RBI (a Mestek company) is the basis of design.

1. RBI (a Mestek company) – Futera II Series subject to approval by the City Of Menlo

Park. If alternate is proposed it shall be submitted to City prior to mandatory bid walk and manufacture shall provide detailed data to show that equal meets all specification of this specification. Failure to submit equal will require contractor to provide specified boiler and no equals will be considered.

2.2 COMPONENTS

A. Combustion Chamber: The combustion chamber shall be constructed of stainless steel. An access door shall be provided for ease of service and inspection of the heat exchanger. Chamber shall be air-cooled and not require additional insulation.

B. Heat Exchanger: The heat exchanger shall be inspected and bear the A.S.M.E. Section

IV seal of approval. The heat exchanger shall be a four-pass heat exchanger with a maximum working pressure of 160 psi. The heat exchanger’s vertical design shall provide equal amounts of heat transfer throughout the entire heating surface. Each heat exchanger shall have copper tubes, with an integral copper finned tube of 7/8" I.D., .064" minimum wall thickness, 7 fins per inch, with a fin height of 3/8". Each end of the water tubes shall be strength rolled into the header. The heat exchanger shall be gasket less. Each individual tube can be retubed without the disturbance of the surrounding tubes. A pressure relief valve of 50 lb/sq in shall be equipped with the boiler and factory mounted. The headers shall be of bronze construction only; cast iron shall not be acceptable.

C. Jackets: 18 gauge galvanized steel with factory applied baked enamel. D. Gas Burner: The burner shall be constructed of low alloy steel and nickel-plated. The

burner flame shall burn vertically and be of the power type with a forced draft fan. Burner shall fire to produce a full 360° flame pattern to provide equal distribution of heat throughout the entire heat exchanger. The burner shall be easily removed for maintenance without disruption of any other major component of the boiler. A window view port shall be provided for visual inspection of the flame during firing.

E. Rated Capacity: The boiler shall be capable of operating at rated capacity with pressures

as low as 7" W.C. at the inlet to the burner pressure regulator.

F. The burner shall be capable of 85% efficiency without exceeding a NOx reading above 30 ppm.

G. The burner and gas train shall be provided with the following trim and features:

1. Burner Firing: On/off

2. Burner Ignition: Intermittent spark

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SPECIFICATIONS FOR RBI FUTERA II BOILER 3. Safety Controls: Energize ignition, limit time for establishing flame, prevent opening

of gas valve until pilot flame is proven, stop gas flow on ignition failure, and allow gas valve to open.

4. Flue Gas Collector: Enclosed combustion chamber with integral combustion air blower and single venting connection.

5. Gas Train: Manual gas valves (2), redundant main gas valves (solenoid/diaphragm, motorized), firing valve, ‘B’ valve, pilot gas pressure regulator, and automatic pilot gas valve. All components to be factory mounted.

6 Safety Devices: Optional high/low gas pressure switches, air flow switch, and blocked flue detection switch. All safeties to be factory mounted.

2.3 BOILER TRIM

A. Safety Relief Valve: ASME rated, factory set to protect boiler and piping as per schedule/drawings.

B. Gauge: Combination water pressure and temperature shipped loose for field installation.

Inlet/outlet temperature gauges to be an integral part of the front boiler control panel to allow for consistent easy monitoring of temperatures factory mounted and wired.

C. Low Water Cutoff and Outlet Flow Switch: Prevent burner operation when water falls

below a safe level or when water flow is low. Flow switch shall be factory mounted and wired. Provision for installation of a low water cut off shall be provided.

D. Operating Controls: Boiler shall be provided with a Honeywell RM7800 series digital

flame safe guard. The flame safeguard shall be capable of prepurge cycles. E. Operating Temperature Control: Shall be a manual probe type controller adjustable from

120°F to 240°F, 49°C to 116°C. Control shall be factory mounted and sense the inlet temperature of the boiler through a dry well.

F. High Limit: Temperature control with manual reset limits boiler water temperature in

series with the operating control. High limit shall be factory mounted and sense the outlet temperature of the boiler through a dry well.

G. PROVIDE THE FOLLOWING TRIM:

1. Bronze headers

2. Low air pressure switch

3. Blocked flue detection switch

4. Flow switch (factory mounted and wired)

5. Operating aquastat

6. Temperature/pressure gauge

7. Manual reset high limit

8. Air inlet filter

9. Inlet/outlet thermometers (factory mounted and wired)

10. FM and CSD-1 gas train

11. Stainless steel exterior jacket 49

SPECIFICATIONS FOR RBI FUTERA II BOILER

H. PROVIDE THE FOLLOWING JOB SPECIFIC TRIM AND FEATURES

1. Bronze fitted circulator provided by the manufacturer (shipped loose)

2. FM or IRI controls and gas train

3. CSD-1 controls

4. Probe type low water cut off, manual reset

5. Diagnostic keyboard display for RM7800 series control

6. Barometric damper 2.4 MOTORS

A. Refer to Division 23 Section “Motors” for factory installed motors. B. Boiler Blower Motor: Open drip-proof motors where satisfactorily housed or remotely

located during operation. There shall be no requirement to remove gas train components to remove the blower motor. Blower motor shall not exceed 3/4 HP and not require more than 12 amps.

2.5 SOURCE QUALITY CONTROL

A. The boiler manufacturer must test and inspect boilers according to the ASME Boiler and Pressure Vessel Code, Section IV. Boilers shall be test fired in the factory with a report attached permanently to the exterior cabinet of the boiler for field reference.

PART 3 - EXECUTION 3.1 EXAMINATION

A. Examine area to receive boiler for compliance with requirements for installation

tolerances and other conditions affecting boiler performance. Do not proceed with installation until unsatisfactory conditions have been corrected.

3.2 INSTALLATION A. Install boilers level and plumb, according to manufacturer’s written instructions and

referenced standards.

B. Install gas fired boilers according to NFPA 54.

C. Support boilers on 4 in (100 mm) thick concrete base, 4 in (100 mm) larger on each side than base of unit.

D. Install electrical devices furnished with boiler, but not specified to be factory mounted.

E. Install a 1" drain valve on the outlet piping prior to the first shut off valve.

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SPECIFICATIONS FOR RBI FUTERA II BOILER 3.3 CONNECTIONS

A. Connect gas piping full size to boiler gas train inlet with union.

B. Connect hot water piping to supply and return boiler tappings with shutoff valve and union or flange at each connection.

C. Connect breeching to boiler outlet, full size of outlet. The boiler shall operate under negative stack pressure and Category I vent material according to ANSI standards (AGA) (standard vertical venting).

D. Install piping from safety relief valves to nearest floor drain.

E. Electrical: Comply with applicable requirements in Division 26 Sections.

F. Ground equipment.

1. Tighten electrical connectors and terminals according to manufacturer’s published torque-tightening values. If manufacturer’s torque values are not indicated, use those specified in UL 486A and UL 486B.

3.4 FIELD QUALITY CONTROL

A. Manufacturer’s Field Service: Engage a factory authorized service representative to supervise the field assembly of components and installation of boilers, including piping and electrical connections. Report results in writing.

1. Test and adjust controls and safeties. Replace damaged and malfunctioning controls and equipment.

B. Manufacturer’s representative shall supply a factory authorized service technician to

start up the boilers. 3.5 CLEANING

A. Flush and clean boilers on completion of installation, according to manufacturer’s written instructions.

B. After completing boiler installation, including outlet fittings and devices, inspect exposed finish. Remove burrs, dirt, and construction debris and repair damaged finishes including chips, scratches, and abrasions with manufacturer’s touchup paint.

3.6 COMMISSIONING

A. Engage a factory authorized service representative to provide startup service. Start up to be performed only after complete boiler room operation is field verified to offer a substantial load, and complete system circulation. One year warranty shall be handled by factory authorized tech.

B. Verify that installation is as indicated and specified.

1. Verify that electrical wiring installation complies with manufacturer’s submittal and installation requirements in Division 26 Sections. Do not proceed with boiler startup until wiring installation is acceptable to equipment Installer.

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SPECIFICATIONS FOR RBI FUTERA II BOILER C. Complete manufacturer’s installation and startup checklist and verify the following:

1. Boiler is level on concrete base.

2. Flue and chimney are installed without visible damage.

3. No damage is visible to boiler jacket, refractory, or combustion chamber.

4. Pressure reducing valves are checked for correct operation and specified relief pressure. Adjust as required.

5. Clearances have been provided and piping is flanged for easy removal and servicing.

6. Heating circuit pipes have been connected to correct ports.

7. Labels are clearly visible.

8. Boiler, burner, and flue are clean and free of construction debris.

9. Pressure and temperature gauges are installed.

10. Control installations are completed.

D. Ensure pumps operate properly.

E. Check operation of pressure reducing valve on gas train, including venting.

F. Check that fluid level, flow switch, and high temperature interlocks are in place.

G. Start pumps and boilers, and adjust burners to maximum operating efficiency.

1. Fill out startup checklist and attach copy with Contractor Startup Report.

2. Check and record performance of factory provided boiler protection devices and firing sequences.

3. Check and record performance of boiler fluid level, flow switch, and high temperature interlocks.

4. Run-in boilers as recommended or required by manufacturer.

H. Perform the following tests for each firing rate for high/low burner. Adjust boiler combustion efficiency at each firing rate. Measure and record the following:

1. Inlet gas pressure.

2. Gas pressure on manifold.

3. Flue gas temperature at boiler discharge.

4. Flue gas carbon dioxide and oxygen concentration.

5. Natural flue draft.

I. Measure and record temperature rise through each boiler.

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SPECIFICATIONS FOR RBI FUTERA II BOILER 3.7 DEMONSTRATION

A. Engage a factory authorized service representative to train Owner’s maintenance personnel as specified below:

1. Operate boiler, including accessories and controls, to demonstrate compliance with

requirements.

2. Train Owner’s maintenance personnel on procedures and schedules related to startup and shutdown, troubleshooting, servicing, and preventive maintenance.

3. Review data in the maintenance manuals. Refer to Division 1 Section “Contract Closeout.”

4. Review data in the maintenance manuals. Refer to Division 1 Section “Operation and Maintenance Data.”

5. Schedule training with Owner with at least 7 days advance notice. Notes:

A. Asbestos removal (if any) shall be the responsibility of the City of Menlo Park

B. Pipe insulating shall be outsourced by the City of Menlo Park, following the completion of the project.

C. The boiler seismic restraints are to be inspected and the installation approved by a City

of Menlo Park RECOGNIZED SPECIAL INSPECTION & TESTING AGENCY (Attachment A). Contractor is responsible for all costs associated with this test as well as providing the City a final report letter, on testing agency letterhead and wet stamped, acknowledging conformance with plans and specification for this installation.

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