HomeMy WebLinkAbout2012/05/22 Item 09CITY COUNCIL
AGENDA STATEMENT
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CHUTA VISTA
5/22/12, Item
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA (1) AMENDING THE FY 2011-12 CAPITAL
IMPROVEMENT PROGRAM BUDGET BY TRANSFERRING
$20,000 FROM THE "SUPPLIES & SERVICES" TO THE "CIP
PROJECT EXPENDITURES" BUDGET CATEGORY WITHIN THE
ENERGY CONSERVATION FUND AND (2) APPROVING A
DESIGN BUILD AGREEMENT WITH SOUTHERN
CONTRACTING INC FOR THE MUNICIPAL STREET LIGHT
RETROFIT PROJECT PHASE II (GG214)
SUBMITTED BY: DIRECTOR OF PUBLIC WORKS
REVIEWED BY: CITY MANAGE ~'~
ASSISTANT CIT NAGER 5~"
4/STNS VOTE: YES ® NO ^
SUMMARY
To support the City's energy goals and to reduce long-term utility costs, Chula Vista has been
converting its streetlights to more energy-efficient LED technologies. With the successful
completion of over 4,300 streetlight upgrades in residential neighborhoods (Phase I), City staff is
now proposing to retrofit approximately 2,500 remaining streetlights (Phase II) along arterial and
connector roadways to similar technologies. The new LED fixtures, in addition to lowering
municipal energy costs, last longer than traditional lights and provide better light quality for
public safety. Staff is recommending entering into an agreement with Southern Contracting, Inc,
who was selected through a competitive bid process, to implement the proposed "Streetlight
Retrofit -Phase II" project (GG214).
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has determined that the project qualifies for a
Class 8 categorical exemption pursuant to Section 15308 [Actions by Regulatory Agencies for
Protection of the Environment] of the State CEQA Guidelines. Thus, no further CEQA
environmental review is necessary.
RECOMMENDATION
Council adopt the resolution.
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5/22/12, Item ~~
Page 2 of 3
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
As part of the City's energy management and climate action efforts, staff has been implementing
a variety of mtwicipa7 energy upgrade projects at over 52 sites to lower energy use and
associated costs. Recently, the Public Works Department successfiilly converted over 4,300
streetlights to new energy-saving LED fixtures throughout residential neighborhoods (Phase I).
Streetlights represent approximately 38% of murricipal electricity use costing over $800,000
armually and are responsible for about 15% of mw~icipal greenhouse gas emissions. The new LED
fixtures, in addition to lowering energy usage, last longer than traditional lights and provide
better light quality for public safety.
Based on the success of the initial phase, City staff is now proposing to retrofit the remaining
streetlights -approximately 2,500 fixtures - to more energy efficient LED technologies. These
remaining streetlights are predominately along arterial and comrector type roadways. As such,
the City released a Request for Proposals (RFP) to sLx qualified companies on March 9, 2012 for
design-build services to upgrade these streetlights (laiown as the Streetlight Retrofit-Phase II
Project). As a result, the City received and reviewed two contractor bids for the project. Both
contractors were subsequently vrterviewed by amulti-department City team and further evaluated
based ou their proposed method for creating specifications, traffic control during the project,
proposed Schedule of Values as noted in the RPP, safety procedw-es, "Local Purchasing & Hiring'
requirements, equipment wan-anties, completion schedule, and past experience. Tlurough this
competitive bid process, Southern Contracting, Inc. was ultimately chosen as the candidate that
best met all the qualifications outlined in the RFP.
To finance the project capital costs, staff has been working with PFM Financial Advisors to issue
Qualified Energy Conservation Bonds (QECBs), which were part of the American Recovery &
Reinvestment Act (ARRA). QECBs allow local governments to access "below market" interest
rates to fund energy upgrade projects, because the federal government directly subsidizes 70% of
the interest for the issuer. The bond debt service is repaid through the project's resulting energy
cost savings. Because the bonds have a longer term rangv~g typically between 14 - ] 7 years (set
by the US Treaswy), many projects can be cash neutral or positive in the first year after project
implementation. On August 16, 2011 (Reso #2011-162 & #2011-163), the City Council
approved staff to enter into an equipment lease/purchase agreement with Bank of America
Leasing & Capita], LLC to purchase the bonds totaling up to $2,256,207 for the Streetlight
Retrofit-Phase II Project.
The initial phase of the Design-Build Agreement with Southern ConU-acting Inc., the preliminary
design phase, will cost approximately $20,000. If the Council approves the agreement with
Southern Contracting Inc., staff recommends using San Diego Gas & Electric Local Government
Partnership funds for these initial design costs. In order to accomplish this, a CIP Budget
amendment is required that will transfer $20,000 from "Supplies and Services" budget category
to the "CIP Project Expenditures" category, both within the Energy Conservation Fund. Once
the project's design is finalized, the proposed Streetlight Retrofit-Phase II Project will be
presented to City Council again -including the contract's "Guaranteed Maximum Price"
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5/22/12, Item
Page 3 of 3
(GMAX). The Streetlight Retrofit-Phase II Project is estimated to generate over 1 million kWh
savings annually (equivalent to $200,000 in annual energy cost savings) and will leverage
approximately $300,000 in additional utility incentives.
DECISION MAKER CONFLICT
Although some Councilmembers own property within a 500 foot radius of the properties
involved in the decision making, pursuant to California Code of Regulations Section
18705.2(a)(1), no conflicts exist as the decision will have no financial effect on the
Councilmembers' properties; therefore, the Councilmembers are not clisqualified from
participating in the decision-making.
CURRENT YEAR FISCAL IMPACT
The proposed project's staff time and design costs will be frilly covered by the Citys existing
SDG&E Local Govenunent Partnership budget. Once the design is Iinalized and the exact
number/wattage of retrofitted lights are defined, the total bond amount and amral energy cost
savings will be provided via Information Item to Council (providing GMAX stays the same). It
is anticipated that the project's construction costs will be fully funded by any bond issuance and
that bond debt service will be fully covered by the project's resrilting energy cost savings and
utility incentives. Once the loan debt is repaid, the City's General Fund will realize the amoral
energy cost savings.
A breakdown of costs is as follows:
PROJECT COSTS
A. D/B Agreement Amount (Southern Contracting Inc.) $1,208,719.25
Project Contingency $35,2] 2.85
Initial Design (Local Government Partnership) $20,000.00
TOTAL PROJECT COSTS $1,263,932.10
ONGOING FISCAL IMPACT
It is anticipated that the projects estimated utility cost savings will fully cover the QECB debt
service over its 14 to 17-year tenor. Once the bonds are repaid, the General Fund would realize
the total avoided energy costs annually.
ATTACHMENTS
Attachment A -Design Build Agreement with Southern Contracting Inc.
Prepared by: Brendan Reed, Envirronmenm! Resource Manager, Consernazion Section, Public Works Deparnnent
Gordon Day, Building Project Manager, Engineering Dii~ision, Public Works Deparnnent
H: I P UBLIC WORKS- ENC (AGENDA I CAS2012105-22-121Streetl fight Phase II Contract_CAS_FINAL3. doc
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DESIGN BUILD AGREEMENT FOR
MUNICIPAL STREET LIGHTING RETROFIT PROJECT PHASE II
THIS Agreement shall be for the design calculations and construction installation of citywide Municipal Street
Lighting and the payment of pemvtted costs therefore ("Agreement"). This Agreement is made and entered into this
by and between THE CITY OF CHULA VISTA, a municipal wrporation ("City"),
and, Southern Contracting Company, Inc. ("Design Builder or DB"). City and D/B, when referenced herein, may
be referred to individually as "Part}' and collectively as "Parties." This Agreement is entered into with reference to
the following facts:
RECITALS
1. The Public Works Department has been conducting an energy efficient streetlight assessment project with the
intent to save energy, reduce the size of its carbon footprint and help contribute to a safe public enviromnent.
2. Based on the success of Phase I, City staff is now proposing to retro5t the remaining streetlights (Phase II) to
energy efficient technologies. The new LED fixtures, in addition to lowering municipal energy costs, last
longer than traditional lights and provide better light qualiTy for public safety.
3. The Public Works Department successfully converted over 4;300 streetlights to new energy-saving LED
fixtures throughout residential neighborhoods (Phase n. Streetlights represent approximately 38% of municipal
electriciTy use costing over $800,000 annually and are responsible for about ]5% of municipal greenhouse gas
emissions. The new LED fixtures, in addition to lowering energy usage, last longer than traditional lights and
provide better light quality for public safety.
4. On March 9, 2012, the Department of Public Works Engineering Division issued e Request for Proposals
(RFP) for the "Municipal Street Lighting Retrofit Project Phase II", pursuant to § 2.57 of the City's Municipal
Code, to design and construct lighting fixtures for the citywide street lighting retrofit installation ("Project") to
qualified Design-Build firms. The following companies were sent requests for proposals; Patterson Brothers
Lighting, Lekos Electric, Select Electriq 7&M Perry Electric, Southern Contracting, Inc., Chula Vista Electric,
Ace Electric and Republic ITS.
6. Two firms submitted proposals; Southern Contracting Company and Republic ITS. Interviews were given to
both companies and Southern Contracting Company; who scored the highest, was selected as the respondent
who best met the proposed Engineering specification design, overall traffic control, local purchase and labor
clause, time criteria, but not solely limited to the overall cost of the project with whom City could negotiate an
agreement.
7. As part of DB's proposal, D/B submitted a "Not to exceed Gross Maximum Price' of the Project in the
amount of One Million Two Hundred Sixty Three Thousand Nine Hundred Thirty Two dollars and ten cents.
($ 1,263,932.10) ("Estimated CosP'/"EC"). At 90% construction documents, staff will return to Council to
appropriate the remaining funds for construction.
9. D/B shall complete the Project, as a public improvement, according specifications provided by the City, and
adhere to the Special Terms & Conditions of Qualified Energy Conservation Bonds (QECB's), including (but
not limited to) procurement, labor, and reporting requirements (Exhibit A) for an amount not to exceed the
GMP.
NOW THEREFORE, in consideration of the recitals, mutual obligations of the Parties, the covenants and conditions
herein, and for other good and valuable, the sufficiency of which is hereby acknowledge, the Parties agree as
follows:
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ARTICLE I. DEFINITIONS
ADA: The Americans with Disabilities Act of 1990 and any amendments thereto.
Acceptance: Final approval by the City Inspection Team following the Final Inspection that Project Improvements
are complete and work required on the Punch List has been finished.
As-Builts: Project Record Documents that aze the Contract plans modiSed from the original concept of the design
to reflect the actual product built.
CEQA: California Environmental Quality Act.
Calendar Day(s): All days of the week, holidays and weekends included.
Change Order: A written order, approved by City, authorizing a change in the work to be performed.
City: The City of Chula Vista. Unless specifically provided otherwise, whenever this Agreement requires an action
or approval by City, that action or approval shall be performed by the City representative designated by the
Agreement.
City Council: The Ciry Council of the City of Chula Vista
City's Project Administration Costs: Charges that City incurs to: (i) administer the acquisition of the Property,
(ii) review and approve the plans and specifications for the project improvements, and (iii) inspect the project
improvements during construction, until completion and Acceptance of the Project.
Contract Documents: Including, but not limited to: Contract Addenda, Notice Inviting Bids, Instmctions to
Bidders, Bid (including documentation accompanying Bid and any post-bid documentation submitted prior to
Notice of Award), the Bonds, the general conditions, the Special Provisions, the Plans, Standard Plans, Standard
Specifications, Reference Specifications, and all modifications issued after the execution of this Agreement.
Contract Time: The number of Calendar Days permitted under this Agreement for D/B to achieve Substantial
Completion.
Defective Work: All work, material, or equipmem that is unsatisfactory, faulty, incomplete, or does not conform to
the Contract documents is defective.
Design Build Team (DBT): Those individuals designated as being a part of the Design Build Team; Contractors ,
Architects and Engineers. See Exhibit C.
Design Development Documents: First Phase drawings and specifications outlining in detail the project to the
satisfaction of the owner. Used as a basis for the Construction Documents and the establishment of the GbIP.
Estimated Cost: The total cost of the Project as estimated in preliminary cost estimates as shown in Exhibit A.
Extra Work: Any Ciiy additions, modifications, or deletions to work or D/B obligations under this Agreement not
within the original Scope of Work contemplated by this Ageement.
Final Completion: The point at which the last of the following has occurred: (I) recordation of a Notice of
Completion for the Project; (2) acceptance of the Project by the City; (3) submission of all documents required to be
supplied by DB to City under this Agreement, including but not limited to warranties, and operating manuals; and
(4) and delivery to City of a Certificate of Completion duly verified by DB.
Greenbook: The most recent edition of the Standard Specifications for Public Works Construction (including any
City of Chula Vista standard special provisions).
Guaranteed Maximum Price ("GMP"): The maximum compensation to which DB may be entitled for the
performance of all Services, Work, and obligations and the satisfaction of all conditions under this Agreement,
which amount shall include all authorized costs for labor, equipment, and material to design and build a fully
functional Project in accordance with all applicable rules, regulations, and laws.
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Hard Construction Costs: Direct construction costs incurred in performing the work, including taxes, delivery and
installation. Hard Construction costs shall not include DB markup; handling fees, overhead, or other charges,
except as otherwise set forth in this Ageement.
Hazardous Materials: Hazardous waste or hazardous substance as defined in any federal, state, or local statute,
ordinance, rule, or regulation applicable to the Property, including without ]imitation the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as amended (Title 42 United States Code
sections 960]-9675), the Resource Conservation and Recovery Act (Title 42 United States Code sections 6901-
6992k), the Carpenter Presley-Tanner Hazardous Substance Account Act (Health and Safety Code sections 25300-
25395.15), and the Hazardous Waste Control Law (Health and Safety Code sections 25100-25250.25). "Hazardous
Materials" shall also include asbestos or asbestos containing materials, radon gas, and petroleum or petroleum
fractions, whether or not defined as hazardous waste or hazardous substance in any such statute, ordinance, rule, or
regulation.
Holiday: The City-observed holidays.
Law: All Federal, State, or local laws, regulations, ordinances, and/or policies.
Milestones: Dates shown on the Project Schedule by which D/B shalt complete major tasks either during design or
construction of the Project.
NEPA: National Environmental Policy Act.
Notice to Proceed: City's written notice authorizing DB to commence Work and/or Services on the Project.
Notice of Termination: A written notice from City to DB terminating the Agreement in accordance with Article
XXVII.
Project Site: Multiple street sites throughout the City of Chula and further described in Exhibit "A", attached.
Reimbursable Costs: All direct costs, including labor, materials, permit fees, insurance and bonds, general
conditions, overhead and profit.
Services: Professional services, including design and construction management of the Project that aze required to
design and construct the Project in accordance with the Contract Documents. Services do not include work.
Substantial Completion: That stage in the progress of the construction when all Work on the Project is sufficiently
complete in accordance with the Construction Documents, so that City can fully utilize entire Project; Substantial
Completion shall further mean that all goods, services and systems to be provided under the terms and conditions of
the Construction Documents aze in place, have been initially tested, and are operationally functional, subject only to
final testing balancing and adjustments and normal Final Completion punch list work.
Title 24: California Building Standards Code, California Code of Regulations, Title 24.
Work: All labor, materials, supplies, and equipment that is necessary to construct the Project in acwrdance with the
Contract Documents.
Working Day(s): Monday through Friday, excluding City holidays.
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ARTICLE IL SCOPE OF THE AGREEMENT
2.1 General. Except as expressly provided in this Agreement, DB shall design and construct the Project in
accordance with all the terms and conditions of this Agreement, Specifications, and the dmeframes established
by the Project Schedule, which will be verified at 90% construction documents, attached as Exhibit "A",
delivering a complete and functional Project within the Contract Time for an amount not to exceed the GMP.
ARTICLE III. TERM
3.1 Term of Agreement. This Agreement shall be effective on the date it is executed by the last Party to sign the
Agreement following City Council approval by Resolution. The term of this Agreement will extend from the
date of execution until satisfaction of al] terms and conditions herein, unless this Agreement is earlier
terminated. - -
ARTICLE IV. GENERAL PROJECT PERFORMANCE OBLIGATIONS
4.1 Standard of Care. Throughout the performance this Agreement, ; D/B agrees thaz al] Services and work
provided as part of this Agreement shall be performed in accordance with the standards customarily adhered to
by experienced and competent engineering, design and construction firms using the degree of care and skill
ordinarily exercised by reputable professionals practicing in the same field of service in the State of Califomia.
4.2 Compliance with all Laws. In the performance of this Agreement, DB shall comply with all laws, including
but not limited to:
4.2.1 All City, County, State, and Federal laws, codes and regulations, ordinances, and policies, including,
but not limited to, the following:
4.2.1.1 Environmental Regulations (i.e. CEQA/ NEPA).
4.2.1.2 The Americans with Disabilities Act ("ADA") and Title 24 of the California Building Code. It
is the sole responsibility of DB to comply with all ADA and Title 24 regulations.
4.2.1.3 The Califomia Fair Employment and Housing Act and all other State, Federat and local laws
including; but not limited to, those prohibiting discrimination on account of race, color,
national origin, religion, age, sex or handicap.
4.1.2.4 The Clean Air Act of 1970, the Clean Water Act (33 USC 1368)-Executive Order 11738, and
the S[ormwater Management and Discharge Control-Ordinance No. 0-17988.
4.1.2.5 D/B shall comply with the Essential Services Building Seismic Safety Act, SB 239 & 132.
4.1.2.6 D/B shall comply immediately with all directives issued by City or its authorized
representatives under authority of any laws, statutes, ordinances, rules, or regulations.
4.1.2.7 D/B shall obtain and comply with all permits necessary to complete the Project, including, but
not limited to Development Services Department permits and hazardous material permits.
4.1.2.8 Zoning, environmental, building, fire and safety codes and coverage, density and density ratios
and lien laws.
4.2.2 /mpliedKnowledge ofLaws. D/B shall be responsible for all amendments or updates to standards and
of all amendments or updates to standards, whether local, state, or federal, and such knowledge will be
imputed to D/B to the extent allowed by law.
4.3 Design and Construction Standards. In the performance of the Services and Work covered by this
Agreement, DB shall comply with the most current versions of design and consimction specifications, all of
which shall be incorporated herein by this reference.
4
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4.3.1 Standard Specrficatians.
4.3.1.1 Greenbook. The 2006 Edition of the Standard Specifications for Public Works Construction.
4.3.1.2 California Department of Transportation Manual of Traffic Controls for Construction and
Maintenance Work Zones.
4.3.2 City Spec~catianr.
4.3.2.1 The 2000 Edition of the Chula V ista Standard Special Provisions.
4.3.2.2 The 2000 Edition of the Regional Standads.
4.3.2.3 The 2002 Edition of the Chula Vista Construction Standads.
4.3.2.4 The City's facility program, performance and design criteria, wncept drawings, and reports.
4.3.3 Energy Conservation Standards.
4.3.4 Materials Standards. DB shall use industrial grade, equipment and aceessories for all facets of design
and construction. -
4.4 Obtain Citv Aooroval. For any and all actions under this Agreement that require City approval, including,
but not limited tq changes or additions to Agreement, DB shall obtain approval in writing from the designated
City Representative, or when required by Law, from the City Council. D/B acknowledges that approval from
any individual other than the designated City Representative or City Council, where required, shall not be
valid.
4.4.1 Failure 1o Obtain Approval Any costs or delays resulting from or associated with additions or
modifications implemented without the written authorization of the City Representative shall be borne
exclusively by D/B and not be grounds for an increase in GMP or Contract Time.
4.4.1.1 Emergency. In the event of an emergency, DB shall take al] reasonable actions necessary to
protect public health, safety or property. Such action shall not require advance City approval;
however, D/B shall notify the City immediately of the emergency and as soon as reasonably
possible provide a written statement to the City explaining the emergency and the reasonable
actions taken. Provided the emergency was not caused by or its creation contributed to by the
DB, its employees, agents, or subcontractors, DB may be entitled to reasonable compensation
for such actions.
4:4.2 No Release From Obligations City approval shall be a general approval only, and such approval shall
in no way release or relieve D/B of responsibility for complying with al] applicable laws, codes, and
good consulting, design, or constmction practices.
4.5 Decision Malone.. DB shall make decisions with reasonable promptness to avoid delay in the orderly
progess of DB's obligations under this Agreement and pursuant to the Project Schedule, which will be
verified at 90% wnstruction documents, attached as Exhibit "A".
4.6 Perform Services and Rork in Phases. The Services and Work under this Agreement shall be performed in
the manner and order described herein.
ARTICLE V. PHASE I-DESIGN DEVELOPMENT
5.1 Design Team. City has awarded this Ageement based on the specific qualifications of D/B to perform the
design and standard specification services required under this Agreement. All such services shall be provided
by DB unless the City has approved of the use of subconsultants in the manner identi&ed in Article VIII.
5.2 Services. In Phase I, DB shall perform Services including, but not limited tq the following:
5.2.1 ProjeelDevelopnxenl. Develop and refine Project requirements and Standard Specifications.
5.2.2 DDD. Prepaze complete Design Developmem Documents (DDDs), such that the DDDs include,
without limitatioq the following:
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5.2.2.1 GIS Layers. City wide GIS plan with pertinent billing identification layers, sections to be
changed out, existing public streets and locations of existing light poles. As applicable to the
rn oiect.
5.2.2.2 , __ n,.._.. ,=,...._ _,,...,.:_,., .,, ~..,......_,.:,..., . ,,__.._..._..: _..:_..,. „_ __a ,....._ ... .... ... .....
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5.2.2.7 Outline specifications, written description of the project and components including site work.
5.2.2.8 Traffic circulation and landscaping should also be indicated at this stage if applicable.
5.2.3 n_,,_~.._._,:,._.._ v...c ..,, .,., a,. ,. _r.. ,.lad'., >_ ;:d:^^,.
5.2.4 Submatlals. Prior to proceeding with Phase II, DB shall prepaze and submit the following to the City
for review and written approval.
5.2.4.1 DDDs. Completed DDD not limited to; proposed Streetlight fixtures, main intersection and
parkway Standard Specifications, lamp and photocell catalog cuts.
5.2.4.1.1 Conditional Approval. In the event that City grants conditional approval, DB shall
address all City comments or issues and make associated revisions in the neat set of
drawings developed and submitted.
5.2.4.1.2 Delay/Costs. Any delay or additional costs resulting from the re-submittal shall be
borne exclusively by DB and not be grounds for an increase in the GMP or Contract
Time.
5.2.4.2 ,
ARTICLE V1. PHASE II
6.1 Phase II Services. In Phase II of the Project, D/B's shall perform Services including but are not limited tq
the following:
6.1.1 PrajectDevelopmena. D/B shall diligently prosecute the development and refinement of Project
requirements and review such requirements with City;
6.1.2 Digital Documentarian. D/B shall prepare CD's which shall include, without limitatioq the following:
6.1.2.1 Architectural plans and details as applicable and necessary for the project., including:
6.1.2.1.1 GIS Layers. Citywide GIS plan with pertinent billing identification layers, sections
to be changed out, existing public streets, verification of fixture quantity to be
changed out and locations of existing light poles.
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6.1.2.1.5 _,,, L. ' A'_,. _,.,. _a ....,,,,e... ,,;~„a ..a
6.1.2.1.6 Typical fixture cut sections sufficient to indicate materials, components and major
features.
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6.1.2.5 Electrical plans, calculations and details.
6.1.2.6 "
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6.1.2.8 Technical specifications.
6.1.2.9 All other technical drawings, schedules, diagrams and specifications, to set forth in detail the
requirements for construction of the Project which, at a minimum, include:
6.1.2.9.1 Information wstomazily necessary for the use of those in the building trades.
6.1.2.9.2 Documents customarily necessazy to obtain regulatory agency approvals.
6.].2.9.3 .._ r.~,... _ ....,,._:....r..__.... ~_,.,__,.~........~,...~ ,..~~
6.1.2.10 Mechanical design documentation consisting of continued development and expansion of
schematic mechanical design consisting of:
6. ].2.10.] Single line layouts and the approximate sizing of all equipment and capacities,
preliminary equipment layouts.
6.1.2.10.2 ,
,. ,.,.
6.12.11 Electrical design documentation consisting of cominued expansion of the schematic electrical
design consisting of:
6.1.2.11.1 ~ . ... ~.._,~_,..~_....,,,..._:,... ____... ~,.... ,._.. .., a:,.. ~,. ~ ,.,,...o ,.~«,..~. T ~,
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6.1.2.12 Sections through critical azeas showing coordination of azehitectural, structural, mechanical
and electrical elements.
6.1.2.13 Final specifications, including but not limited to, the following: As applicable to the project:
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6.1.2.13.1
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6.1.2.13.3 Electrical. Description of electrical services, including voltage; type and number
of feeders; lighting systems, including lighting levels and audiovisual; security-fire
alarms; and cable antenna television systems.
6.].2.13.4 b ,
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6.1.2.13.5 ,
6.1.2.13.6 Site Work. General description of the construction, including 5nishes, types of
materials and locations.
6.1.2.13.7 Other. Such other documents m 5x and describe the size, quality and character of
the entire Projear, its materials, and such other elements as shall be appropriate.
6.1.2.14 ,
6.13 ProjeclSequemeing. D/B shall determine and establish the sequence of construction, and if
appropriate, identify sepazate bid packages to accomplish phased constmction of the Project.
6.1.4 CriticalPaah. D/B shall prepaze a detailed Critical Path Method schedule for all construction
components of the Project ("Detailed Construction Schedule") utilizing Microsoft Project softwaze,
showing al] major milestones. commencement of construction, sequence of construction, and
completion of the Municipal Street Lighting Retrofit Project Phase II, all of which shall conform with
the dates of Substantial Completion and Final Completion of Project.
6.1.5 Governmemlal Review. DB shall review, as needed, the CD's with the governmental authorities
havingjurisdiction over the Project.
6.1.6 Accountzng S}~stem. DB shall provide a master accounting system and matrix on Microsofr Excel that
will be updated, expanded, and provided to the City monthly as the Project develops.
6.1.7 Projecr Management Plan. D/B shall develop and implement a Project Management Plan and
Procedures including:
6.1.7.1 Project slams reports delivered to the Ciry's Project Manager.
6.1.7.2 Coordination interface with the City and its other wnsultants/wntractors
6.1.7.3 Initial Design kickoff meeting to be held no later than five (5) working days from the Effective
Date of Agreement.
6.1.7.4 Biweekly Design and Constmction meetings
6.1.7.5 Interface and communications with other agencies
6.1.7.6 Vendors and subcontractors management
6.1.7.7 Document control
6.1.7.8 Schedule and budget control
6.1.7.9 Quality assurance and quality control. DB shall establish and maintain a quality control
program with appropriate reviews and independent testing procedures to ensure compliance
with the Construction Documents during the construction phase.
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6.6.10 Scheduling and cost control reports, which shall be provided monthly throughout the design
phase.
6.1.8 Construction Dra~/ings and Specifications. DB shall prepare construction drawings and specifications
suitable for obtaining City-approved permits and to allow constmction.
6.1.9 Ce'~/Approval. D/B shall submit Construction Documents and obtain City approval in writing of the
Construction Documents at nineTy percent (90%) completion.
6.1.9.1 Condition Precedent. City approval of Che Construction Documents is a condition precedent Co
authorization to proceed with subsequent work on the Project.
6.1.9.2 Notification, Modification, and Resubmittal. At 90%Compledo^, City will notify D/B in
writing within the timeframes established in the Project Schedule following receipt of
Construction Drawings of CiTy approval, or of request for modifications. If modifications are
requested DB shall modify and resubmit constmction Drawings for City approval.
6.1.9.3 D/B Support. D/B shall provide support to a Ciry Constmctability Review Team for the
review of the Construction Documents at all stages of required submission.
6.1.10 Materials andEguipmenr Spec~earionr. DB shall prepare technical materials and equipment
specifications for pre-purchase.
6.1. ] 1 Surveying and Testing DB shall coordinate, perform, and complete all surveying, materials testing,
and special testing for the Project at the Project site as required by this Agreement, the State Building
Code, or any other law or regulation, in accordance with and considering the following:
6.1.11.1 DBT is responsible for identification and wordination to the City's GIS System concerning
the location of each fixture replaced. Reports shat] be made weekly to SDG&E so that the City
can take advantage of the Consumer Rate change immediately.
6.1.11.2 ~; '...~.... r~__s. __.. \\m ..L.. ..L...:_ a, _.,..,,,...,._ _,.~1_'... e...:...,.'.... .,..a ,.,...a ,.
....d A.- a....:.... ,.C.6„ D_..'e..« 'I'6e c..'1.. f`...,.. ,1»..f shall ..~a.....e
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.>> 6rou
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. C.... «6e d ....:.... ....d ,.....~«_ ..C.4.. D-..'....} Tl.e D_,.: e..« C....'..oo ~. (:o..l....:~« ....d /...
...C..:L.II....:......_/.., ..«'C.edDfC.._D CC\..6..1_ ««6..}. '116e
-..1 ^.I...l :.. «1... D'AA'.... 11........ ..aJ_,....... tee.. L..'....« .......l:a'....n ..C}l.e ..
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6.1.1 1.5
.. L.. ... ... «.6... i1/O de. e.....:..,... «6 e. .. _. A... C.... .ie~b.. A,/A
6.1.11.6 No Reliance. DB shall not rely on City survey information as it is intended to be preliminazy
in nature and may not have sufficient accuracy or scope to support final design.
6.1.12
9-12
6.1.13 Alternallves. DB shall evaluate alternative structural and construction approaches to ensure
economical designs, which optimize constructabiliry, yet meet al] codes, architectural wncepts,
schematic designs, and standazd specifications of the Project.
6.1.14 Permits. DB shall obtain general building permit and all ancillary permits and licenses, including but
not limited to, demolition permits, improvement permits and grading permits. City shall be responsible
for all permit fees.
6.1.15 Updated CosGC. DB shall provide updated construction cost estimates in wnjunction with the
submittals required in Section 6.1.9 to support Value Engineering ("VE") and constructability reviews.
6.1.16 Final Review and Approval ojPlans and Specifications. D/B shall deliver to City complete
Construction Documents, including Construction Drawings, Plans and Specifications for the design
and construction of the Project. City agrees to review the Construction Documents and provide City's
written comments to DB within five (5) Business Days of the date such Construction Documents are
delivered to City in accordance with the notice provisions in Article XXDC. Approval shall not be
unreasonably withheld. If requested by City, DB shall make changes to the Construction Documents.
ARTICLE VII. PHASE IIL-CONSTRUCTION PHASE WORK AND SERVICES
7.1 Phase III. Work and Services. The DB shall construct the Project in accordance with City specifications
prepared by the DB to meet or exceed all requirements of the City provided program, schematic design and
the performance criteria. The D/B shall:
7.1.1 Biddireg. DB shall prepare and submit to the City for review separate bid packages, such bid packages
shall be organized in the manner that DB determines is appropriate to ensure the efficient and cost
effective construction of the Project.
7.1.1.1 Competitive Bidding. DB shall competitively bid the respective lighting packages for the
construction of the Project.
7.1.1.2 Pre-Bid Conferences. D/B shall schedule and conduct pre-bid conferences W answer questions
posed by bidders. Said answers and any other information required to provide clarification to
the Construction Documents during the bidding process shall be issued as written addenda and
provided to al] prospective bidders.
7.1.1.3 Scheduling. DB shall coordinate scheduling of bid packages, submittals.
7.1.1.4 Bid Results. DB shall submit to the City a smnmary oCbid results for each bid package.
7.1.1.5 Bid Protests. DB shall hear and decide bid protests and shall develop and maintain bid protest
procedures for that purpose. City shall be timely informed of all bid protests (prior to
resolution) and the outcome of said protests.
7.1.1.6 Equal Opportunity Contracting/Nondiscrimination. DB shall not discriminate on the basis of
race, gender, religion, national origin, ethnicity, sexual orientation, age, or disability in the
solicitation, selection, hiring or treatment of subcontractors, vendors, or suppliers. D/B shall
provide equal opportunity for subcontractors to participate in subcontracting opportunities.
D/B understands and agrees that violation of this Subsection shall be considered a material
breach of this Agreement and may result in contract termination, debarment, or other sanctions.
The language of this Subsection shall be inserted in contracts between D/B and any
subcontractors, vendors, or suppliers.
7.1.1.7 Executing Contracts. DB shall be responsible for entering into subcontracts, in DB's own
name, with the bidder who in D/B's discretion and professional opinion best meets the
monetazg time, and performance requirement of the Project. DB shall be responsible for
ensuring that these contracts fully comply with all applicable local, state and federal laws,
some but not all of which are listed below.
7.1.1.8
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1~
9-13
7.1.2 Meetings. DB shall conduct meetings identified below:
7.1.2.1 Preconstruction Meeting. DB shall conduct a preeonstruction meeting with its officers, agents
and employees and City. The purpose of this meeting is to discuss: (i) the Agreement
conditions, (ii) Scope of Work clarifications, and (iii) City policies, inspection requirements,
and procedures.
7.1.2.].1 Attendance. D/B shall ensure that the preconstruction meeting is attended by D/B's
project manager, al] D/B's major subcontractors, the City's designated
Representative, and all other persons necessary as determined by D/B or City.
7.1.2.2 Progress Meetings. D/B shall conduct weekly progress meetings with the City and appropriate
design and construction members.
7.1.2.3 Contractor Meetings. D/B shall conduct contractor meetings, as necessay, to provide
technical input.
7.1.2.3.1 D/B shall provide interpretation of technical specifications and drawings.
7.1.2.4 Rescheduling. Progress Meetings may be rescheduled if rescheduled meeting times are
convenient for al] necessazy parties, and D/B has given no less than five (5) Calendar Days
prior written notice of the rescheduled meeting.
7.1.2.5 Minutes. DB shall take corresponding meeting minutes and distribute copies to all attendees.
7.1.2.6 Reporting. DB shall monitor and report to the City on actual performance compazed to the
Project Schedule, provide updated GIS, and verify that the latest changes to the Project, if any,
have been made.
7.1.3 Constructron Management. During construction of the Project, DB shall perform and be responsible
for construction management, supervision, and administration services, including but not limited to,
tracking and reporting all expenses and all aspects of the construction and coordinating al] construction
means, methods, techniques, sequences and procedures to ensure the efficient and orderly sequence of
the construction of the Project.
7.1.3.1 Resident Management. D/B shall provide resident management and contract administration,
including specialists necessary for the functional, safe, on-budget and on-schedule completion
of the Project, starting with the issuance of a Notice to Proceed, upon receipt of final
construction drawings, from the City and extending through issuance of Notice of Completion
and Acceptance. City staff will perform inspections to verify compliance with the plans,
specifcations and contract documents. The DB resident staff shall ensure construction
compliance with applicable local, state, and federal codes, building and environmemal permit
requirements, construction mitigation documents and enforcement of the Contract Documents.
7.1.3.2 Records Management. D/B shall implement and maintain an internal records management and
document control system as required to support project operations. The DB shall provide
records management and document control information in a manner wnsistent with the Ciry's
reporting system.
7.1.3.3 Cash Flow. D/B shall develop aproject-specific Plan for defining tracking and reporting cash
flow activity requirements and submit such plan to the City for review and approval prior to
implementation.
7.1.3.4 Reporting. DB shall keep City informed of the progress and quality of the design and
construction of the Project.
7.1.3.5 Documents On-Site. D/B shall maintain a complete and up-to-date set of Construction
Documents in the Projects 5eld office at all times during construction that reflect all changes
and modifications.
7.1.4 Sue Safely, Securary, and Complzance. DB shall be responsible for site safety, security, and
compliance with all related laws and regulations.
11
9-14
7.1.4.1 Persons. DB shall be fully responsible for the safeq~ and security of its officers, agents, and
employees, City's officers, agents, and employees, and third parties authorized by DB to
access the Project site.
7.1.4.2 Environmental. DB shall administer and enforce the Environmental Mitigation Monitoring
and Reporting Plan for the Project, if any. In addition, DB shall report environmental issues i0
the City in a manner consistent with the City's reporting system. DB shall be responsible for
the environmental consequences of the Project construction and shall comply with all related
laws and regulations, including the Clean Air Act of 1970, the Clean Water Act, Executive
Order number 11738, and the Stormwater Management and Dischazge Control Ordinance No.
0-17988 and any and all Best Management Practice guidelines and pollution elimination
requirements as may be established by the CiTy of Chula Vista Public Works Inspector
responsible for this project. .
7. ].4.3 Risk of Loss. DB is responsible for the Project, project site, materials, equipment, and all
other incidentals until the Project has been Accepted by the City and shall beaz any costs or
expenses associated with the loss thereof or damage thereto, including by thefr, fire, or other
casualties. -
7.1.5 Public Right-oj-Way. Al] work, including, materials testing special testing, and surveying to be
conducted in the Publicright-of-way shall be coordinated with the City.
7.1.5.1 Materials Testing. DB shall pay for and coordinate with City to have all material tests within
the Public right-of--way and any asphalt paving completed by City's Material Testing
Laboratory.
7.1.5.2 Surveying. DB shall pay for and coordinate with City's designated representative all
surveying required within the Public right-of-way.
7.1.5.3 Follow all Laws, Rules, and Regulations. DB agrees to follow aI] City standazds and
regulations while working in the Public right of way, including but not limited to, utilizing
proper traffic control and obtaining necessary permits.
7. ].6 Traffic ConcroL D/B shall address all traffic control requirements for the Project including if
necessary, sepazate vaffic control plans and/or notes.
7.1.7 Abalemenl. D/B shall develop a mutually agreed upon program [o abate and minimize noise, dust, and
disruption to access for pazking and services at all times for adjacent business entities and residences.
7.1.8 Jnspeclions. D/B shall coordinate any and all required inspections, including special inspections, in
such a manner that the progress of construction is not affected or impacted. The D/B shall provide
surveying, and other contracted services as required to complete project construction inspection and
testing tasks. The D/B will provide inspection, third party special inspection(if required), reinspection
services, and periodic building inspections.
7.1.9 Permitr. The Parties acknowledge that the construction work to be performed on the Project by DB in
compliance with this Agreement is subject to the prior issuance of building, land development, and/or
public improvement permits paid for by the City and obtained by DB . In the event that City, or any
other governmental agency, unreasonably refuses to issue the permit(s) necessary to authorize the work
to be performed or if the perznit(s) aze unreasonably canceled or suspended, then D/B is relieved from
its obligation to construct those improvements covered by the denial of said permit(s). City shall, under
such circumstances, pay D/B the reasonable costs, not to exceed the amounts identified in this
Agreement, for all work completed up to the date of denial of said permit(s). A]] plans, specifications
and improvements completed to the date of the denial, suspension or cancellation of said permit(s)
shall become the property of City upon DB's receipt of payment in full as described above.
7.1.10 Maintenance. D/B shall ensure Project is maintained in a clean, neat, sanitary and safe condition free
from accumulation of waste materials or rubbish. Until Acceptance of the Project, DB shall be
responsible for on going site maintenance. Prior to Final Completion, DB shall cause to be removed
from and about the Project all tools, wnstmction equipment, machinery, surplus materials, waste
materials and rubbish and deliver the site to the City in a clean, neat, sanitazy and safe condition.
12
9-15
7.1.10.1 Waste Removal. Please be advised that Chula Vista Municipal Code 8.24.070 provides
for an exclusive franchise for the removal and conveyance of all solid waste for hire (including
' recyclables) within City limits. The exclusive franchise agreement covers any hauling activity
that requires the generator or their agent to pay a fee for any service connected with removing
or conveying waste. The City's franchise hauler is Allied (formerly Pacific) Waste Services
and may be reached at (619) 421-9400.
7.1.11 Requestjorlnjormation /'RFI J. Parties acknowledge that the RFI process is solely for
correspondence between DB and the City. DB shall submit copies of each RFI to City at the within
twenty-four (24) hours of receipt. DB shall issue responses to RFIs. Unless DB specifically requests
a City response, Ciry will not respond to RFIs.
7.1.12 Rwiew andilpproval. D/B shall provide timely review and approve shop drawings, samples of
constmetion materials, product data, schedule submittals, and other submittals for compliance with the
Construction Documents. DB shall keep the City advised of all such matters being reviewed and
approved by DB and forward copies of such documents to City for review.
7.1.13 Royattfes and Other Fees. DB shall pay royalties and license fees, if applicable. D/B shall defend
suits or claims for infringement of patent rights and shall defend and hold City and City's agents
harmless from loss on acwunt thereof.
7.1.14 Provide City with a Detailed Construction Schedule (DSC) on a CD within fifteen (15) working days
after receiving Notice to Proceed with Phase IV, provide updated versions of DCS on a monthly
basis, and provide immediate notice of any impact on critical path items.
ARTICLE VIII. SUBCONTRACTING
8.1 Subcontractin¢.
8.1.1 Design Services. DB shall perform or obtain the prior written consent of the City to subcontract all
design services for the Project utilizing qualified, licensed and sufficiently experienced architects,
engineers and other professionals (herein jointly "Design Consultants") as idemifed in Exhibit "C".
DB shall not be permitted to substitute any Design Consultant unless authorized by City.
8.1.2 Construction Services. D/B shall perform all constmetion on the Project utilizing staff appropriately
licensed by the California Contractors State License Boazd or other required agency.
ARTICLE IX. PROJECT SCHEDULE
9.1 Proieef Schedule. D/B shall perform and complete the Services and Work under this Agreement according to
the timeframes set forth in the Project Schedule, attached hereto as Exhibit "A", or a subsequently revised
Project Schedule in such a manner that the GMP or Contract Time of the Project shall not be exceeded and that
is consistent with the Standard of Care identified in Section 4.1.
9.1.1 Project Schedule. D/B has submitted, as part of its proposal, a Project Schedule based on its estimate
of the time necessary to complete the Project.
9.1.2 D/B's Obligation. Subsequent to the effective date of this Agreement, D/B shall provide, coordinate,
revise, and maintain the Project Schedule for all phases of the Project.
9.1.2.1 During the Project initiation and design phases, the D/B shall submit an updated Project
Schedule to City monthly for approval.
9.1.2.2 During Constmction, DB shall submit an updated Project Schedule monthly to the City and
shall include:
9.1.2.2.1 Forecast Data with the intended plan for the remainder of the contract duration.
9.1.2.2.2 Actual Data with indications of when and how much Work and/or Services was
performed (% complete).
9.1.2.2.3 Logic changes or other changes required to maintain the Project Schedule.
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9.1.3 Detail and Format. The Project Schedule shall be substantially similar in detail and form to Exhibit
"A", or it shall be in the form subsequently agreed to by the Parties.
9.1.4 Subnstttal Project Schedule shall be submitted to City on a computer disk in a version of Microsoft
Project
9.2 Project Completion. D/B acknowledges that all work on the Project under this Agreement will be complete
and ready for its intended use by the Project Completion Date stated in the Project Schedule
9.3 Chanties in Protect Schedule. Changes in Project Schedule, whether to logic, definition, or relationship must
be approved by the City in writing as a Change Order pursuant to the manner identified in Article XIII.
ARTICLE X. DELAY IN PERFORMANCE
10.1 Time of Essence. Time is of the essence for this Agreement and each provision of this Agreement, including
the Project Schedule, Start Date, and Project Completion Date contained herein, unless otherwise specified in
this Agreement. D/B shall perform all Services and Work as expeditiously as is consistent with standard of
care identified in Section 4.1.
10.2 Notification of Delav. If the DB anticipates or has reason to believe that the performance of Services and/or
Work under this Agreement will be delayed, the DB shall immediately notify the City. A written notice of the
delay must be delivered to the Ciry within five (5) Calendaz Days of the initial notification, unless the City
allows an additional period of time to ascertain more accurate data in support of the request. The written notice
shall include an explanation of the cause of the delay, a reasonable estimate of the length of the delay, and all
supporting data. The DB shall include a written statement that the time adjustment requested is the entire time
adjustment to which DB has reason to believe it is entitled as a result of the cause of the delay.
10.3 Delav. If delays in the performance of Services or Work required under this Agreement are caused by
unforeseen events beyond the control of the Parties, such delay may entitle the DB to a reasonable extension
of time. Any such extension of time must be approved in writing by the City. The following conditions may
justify such a delay: war; changes in law or goverrunent regulation; labor disputes; strikes; fires, floods,
adverse weather or other similar condition of the elements necessitating cessation of the DB's work; inability
to obtain materials, equipment, or labor required additional Professional Services; or other specific reasons
agreed to between the City and the DB; provided, however, that: (i) this provision shall not apply to, and the
D/B shall not be entitled to an extension of time, additional costs, or expenses for, a delay caused by the acts or
omissions of the DB, its consultants, contractors, employees, or other agents.
10.3.1 Caused by City. If D/B reasonably believes that any action, inaction, decision or direction by City or
agent for the City will likely result in the GMP or Contract Time being exceeded or the Project being
completed late, DB will notify City at Project Team meeting and in writing within five (5) calendar
days of discovering such action, inaction, decision, or direction. Included in such notice will be an
estimate of the cost and time impact resulting from such action, inaction, decision or direction. D/B
shall provide complete and accurate pricing within ten QO) calendaz days of said discovery.
10.4 Costs of Delav/Liouidated Damaties. City and DB recognize that time is of the essence in this Agreement
and that City will suffer financial Toss if the Project is not completed by the Substantial Completion Date
identified in the Project Schedule or any extensions subsequently approved. As the exact amount of financial
loss cannot be accurately forecasted, the Parties have used their best efforts to establish an estimate of such
loss. In doing so, the Parties have examined all of the circumstances and factors associated with a delay and
have determined an amount that is fair and reasonable as liquidated damages. City and D/B agree that DB
shall pay as liquidated damages (but not as a penalty) for each calendar day of delay beyond the time specified
for Substantial Completion of the Project, the following amounts which D/B expressly agrees are "not
unreasonable under the circumstances" as defined in California Civil Code § 1671(6): $100 for each calendar
day. Liquidated Damages shall not be assessed after the date on which Substantial Completion is achieved. In
lieu of paying damages to the City, the Parties agree that City may choose to reduce the GMP by the amount of
the liquidated damages.
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ARTICLE XI. PROJECT COSTS
11.1 Estimated Cost. The Estimated Cost of Project, according to the RFP is One Million Two Hundred Sixty
Three Thousand Nine Hundred Thirty Two dollars and ten cents. ($1,263,932.10)). The Ci[q's obligaion under
this Agreement shall not exceed the Estimated Cost; however, once a GMP is determined and approved, the
GMP shall become the not to exceed amount of the City's obligation. GMP is subject to change pursuant to
methods established in this Agreement.
11.1.1 CosiSchedule. The GMP has been allocated among each activity or portion of the Project ("Itemized
Cost(s)"). The Itemized Costs are included in Exhibit "A", attached. The cost incurred by the D/B for
a specific activity or portion of the Project shall not exceed the associated Itemized Cost.
11.2 GMP. At 90% complete construction documents, DB shall establish a GMP and submit such GMP [o the
City for approval.
11.2.1 Not to ExceedAmount The GMP shall not exceed. $ 1,263,932.10. Any costs incurred by D/B in
excess of said GMP shall be the sole responsibility of the DB, unless a Change Order is approved by
the City pursuant to Article XIII of this Agreement.
11.2.1.1 Included Costs. In calculating the GMP, DB shall include costs of the following:
11.2.1.1.] ALl Design Consultants, including but not limited to electrical, lighting, and
consultants.
11.2.1.1.2 Estimating value engineering and construction management.
11.2.1.1.3 Construction supervision and project management personnel, including but not
limited to superintendents, Project managers, Project secretaries, Project engineers,
Project accountants, and all other DB personnel wherever located.
11.2.1.1.4 All on-site and off-site equipment, supplies and facilities, including but not limited
to, computers, estimating, dictating, communication and accounting equipment,
office space, trailers, field equipment and storage facilities.
11.2.1.1.4.1 Option to Purchase. In no case shall the cumulative monthly rental
charges to the Project for equipment and small tools used by the D/B
exceed 90% of the fair market value of any one piece of equipment or
small tools. At City's option, the full price for equipment or small
tools may be paid, and City may take possession upon completion of
the Work.
11.2.1.1.5 All Hard Construction Costs. See Exhibit A
11.2.1.1.6 Comingency PLnd, which shall be $ 35,212.85, which shall be 3% of the Hard
Costs and controlled by the Ciry. 11.2.1.1.7 Reimbursable Costs. See Exhibit A.
11.2.1.1.8 DB Fixed Fee for the complete design and construction of the entire Project as
specified in the 90% CD's.
11.2.1.1.9 No more than $ 20,000.00 for Design Services.
11.2.1.1.10A11 home-office and field overhead costs of any type including document control
and retention;
11.2.1.1.] lAl] business license costs;
11.2.1.1.12A11 profit DB intends to eam under this Agreement.
11.2.1.1.13A11 direct and incidental costs incurred by DB, except for those specifically
identified in the General Conditions section.
11.2.1.1.14 OTHER. The City agrees to hold only Five (5)% retention for the duration of the
project.
]5
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11.2.1.2 Full Compensation. Unless otherwise expressly provided in this Agreement, GMP shall be
the maximum amount of compensation to due to DB for al] permitted costs of any t<Pe
incurred by DB in performing all services and obligations under this Agreement.
11.2.2 Ifemizafion. DB shall provide City with an itemization of the GMP that rewnciles the GMP with the
itemized costs. The itemization shall include the following:
11.2.1.1 DB Fixed Fees. The fees chazged by the contractor for staff, equipment, office space and
overhead during the term of the project not to exceed IS% of the Total Project Costs. 11.2.1.2
Hard Construction Costs. Hard Construction Costs broken down into categories for each
of the major trades for the Project, which will include labor, material expenses, equipment
costs, and a reasonable DB Contingency Fund.
11.2.1.3 Bonds, Permits and Insurance.
11.2.3 A1lernate Bidllems. D/B shall prepare, with the cooperation of the CiTy, alternate bid items to assure
that the cost of the Project will not exceed the GMP.
11.2.4 Ad~ustmentc to GMPBaredon Approved Change Orders. GMP may be changed, increased or
decreased, based on Change Orders approved pursuant to Article XIIL
11.25 Ad'ustmenls Bared on Other Costlncreases. GMP may be increased due to: (i) acts of God, acts of any
governmental authority. the elements, war, litigation, shortages of material, labor strikes, inflation,
later commonly accepted or adopted higher standards and specifications of construction, concealed or
unknown conditions encountered in [he completion of the Project, or other cause beyond DB's
control, (ii) actual bids received being greater than estimated, or (iii) other factors not the result of
unreasonable conduct by DB. The GMP may be increased by the amount of such increases; however,
if GMP as proposed to be increased shall exceed the Estimated Costs, such change to GMP shall be
subject to approval by City Council
11.3 Dutv to Advance Costs. D'o ..~... ,.a.....,.e .. ~ ,.,.~«.. F _ n_,.~e,.... .tie,.. «,. ne~._.~. _ e .. «~,e ......._,_
ae_,..:~sa :., v..~~,_~.,r ,..~.
11.4 Use of Protect Contingencv. Project Contingency shall not be used without prior, written City approval and
shall not be used for: (i) work required due to D/B's, its officers', agents' or employees' failure to perform
Work or Services according to the terms of this Agreement, in compliance with the Construction Documents,
and/or Law; or (ii) uninsured losses resulting from the negligence of DB, its officers, agents, or employees.
11.5 Notification of Increased Costs. If, at any time, the D/B anticipates that the amount expended on the Project
will exceed the Estimated Cost or the GMP, when established, the D/B shall immediately, not more than ten
(10) Working Days from becoming aware of the potential increase, notify the City in writing. This written
notification shall include an itemized cost estimate and a list of recommended revisions that the DB believes
will bring the Project cost to within the Estimated Cost or GMP. Following the delivery of the Notice, DB
shall assist the City in reviewing the itemized cost breakdown and adjusting the Scope of Work and
establishing a revised Project, the cost of which will not exceed the Estimated Cost or GMP, once establish.
11.5.1 Q'ty ilclion. Following consultation with the D/B, the City may choose to: (i) approve an increase in
the amount authorized for the Project; (ii) delineate a project, which may be constructed for the budget
amount; (iii) any combination of (i) and (ii); or terminate the Project subject to the termination
provisions in Article XXVII.
ARTICLE XII. PRODUCTS
12.1 Submittals. Prior to the bidding process, D/B shall submit for City approval a list of products intended for use
in the Project. Upon D/B's completion of plans and specifications, City will review and approve products
specified therein. DB shall provide City a copy of each submittal for City approval throughout the duradon of
construction within twenty (20) Calendar Days of DB's receipt of submittal. Approval is general approval only
and in no way relieves DB of its sole responsibilities under this Agreement or any and all laws, codes, permits
or regulations.
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12.2 Substitutions. D/B shall submit all requests for product substitutions to City in writing within thirty (30)
Calendar Days afrer the date of award of the construction contract. After expiration of the thirty (30) Calendar
Days, City will allow substitution only when a product becomes unavailable due to no fault of DB's
contractor. City shall review substirution requests within thirty (30) Calendaz Days of submission of such
requests. D/B agrees that City requires the Eugineer of Record's input and as such DB shall coordinate a five
(5) Working Day review by the Engineer of Record.
12.2.1 Substantiate Reguest. D/B shall include with each substitution request complete data substantiating
that the proposed substitution conforms to requirements of the Contract Documents.
12.2.2 D/B Representations. By submitting a substitution request, D/B is representing to City all of the
following: (i) DB has investigated proposed product and determined that in all respect the proposed
product meets or exceeds the specified product; (ii) D/B is providing the same warranty for the
proposed product as was available for the specified product; (iii) DB shall coordinate installation and
make any other necessary modifications which may be required for work to be complete in al] respects;
and (iv) DB shall waive any claims for additional costs related to the substituted product, unless the
specified product is not commercially available.
12.2.3 Separate 6Yrrtten Reguest. City will not consider either substitutions that aze implied in the product
data submittal without a separate written request or substitutions that will require substantial revision
of construction contract documents.
12.3 Samples.
12.3.1 0 - c..._._,,. ~_ .. ,. n,n~,. ,.FF,.e - _ --
12.3.2 Review. D/B shall famish to City for review, prior to purchasing fabricating, applying or installing
(2) [wo samples (other than field samples) of each required material with the required finish.
12.3.2.1 __,,... ..,.a >,,, o„. t ro, ~.. ,,.,.t ..t,.,n z,_ vm>..a :.. ...:.. ......... ...
rr
:.L Y ..,.Je .._..1. ,.:.. i.. «6em..F .6n ....k.,..l c , ..1,.. 1 6e
~ r
12.3.2.2 >_._:»..t ......t.__ n/n ,.t... t '..,.t ae ,. ;a, a..,.>, .. >,..,' ....:.... .. ..F a
.. to .., a.t_a ,..~.o. .,o,a~ 'ate°'`~^
~..~ _...~,.., wne
12.3.2.3 .._., .. .._,,_.......~.~_ ~_ ..... ......... e.e ti ,a~~__ ..,... , t.,. ,.,..., ~_ .,. ,._.
6... ,. N6e oA ~ .,la ~ILI
12.3.2.4
123.2.5
°°'„~,.:,~n~ until D/B or its agents have been given a written review of the field samples. .
12.3.3 Not a Release ojLiabilaty. City's review of samples in no way relieves DB of DB's responsibility for
constmetion of Project in full compliance with all Contract Documents.
12.4 Observe Testine. When appropriate, D/B shall witness testing and review materials and equipment testing
results and provide comments regarding conformance with specification requirements.
ARTICLE XIII. CHANGE ORDERS
13.1 When Required. Change Orders shall be required in the following instances:
13.1.1 GMP. Any adjustment in GMP.
13.1.2 Conhoct Time. Any adjustment in Contract Time of Completion Date.
13.1.3 Use ojContingency Fund At any time DB seeks to use the Contingency Fund, irrespective of impact
on the GMP or Contmet Time.
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] 3.1.4 Ciry Requests. The City directs D/B to perform Additional Services; work that is not covered in the
construction documents and /or specifications.
13.1.5 Other. Any other instance for which this Agreement expresses that a Change Order shall be used.
13.2 Process for Aooroval of Chanee Orders. Within five (S) Calendaz Days of any event that gives rise to the
need for a Change Order, the D/B shall provide the City with written notice of the need for the same. The
Change Order must indicate whether the change will affect, in any way, by increasing or decreasing, the GMP,
Project Schedule, or project quality established during the design and submittal review process. In addition, it
shall be accompanied by a detailed and complete estimate of cost impact associated with the Change Order,
including all appropriate direct and indirect costs and credits. All such costs and credits shall be accurately
categorized into D/B Fixed Fee, Reimbwsable Costs or Hard Construction Costs. DB shall also provide City
with a realistic estimate of the impact, if any, the Change Order will have on the Contract Time.
13.2.1 Project Manager Approval If the Change Order request does not result in an increase in the Estimated
Cost, the City Representative shad either approve or reject the Change Order in writing within ten p0)
Working Days of receiving DB's written notice, provided DB has submitted complete documentation
substantiating the need for such Change Order. If City fails to respond to D/B's written notice within
the ten Q 0) Working Days, the Change Order request shall be deemed denied
13.2.2 Ciry Council Approval For Change Orders not subject to section 13.2.1, City Council approval is
required. The City Council may either approve, reject, or approve in part such Change Orders.
Council Approval shall not be subject to the ten (] 0) Working Day response time provided for in
section 13.2.1.
13.3 Written Aooroval of Chanee Orders. DB shall not proceed on work requested under a Change Order,
absent written approval from the appropriate authority. Any Services or Work, which require t he approval of
a Change Order, perform by DB prior to approval shall not be reimbwsed.
13.4 Failure to Aeree on Cost of Chanee Order or Time. In the event there is any disagreement or dispute
between the Parties as to whether the DB is entitled to a Change Order, the amount of the Change Order or any
increase in Contract Time requested through the Change Order, the dispute shall be resolved by the Director of
Public Works for Ciry. If the detertuination of the Director of Public Works is challenged, such challenge shall
be addressed in the manner identified in Section 30.11. D/B shall not have the right [o stop or delay in the
prosecution of any services or work, including services or work that is the subject of the Change Order (if
directed by the City), pending the determination of the Director of Public Works or, if applicable, final
resolution. Instead, DB shall wntinue diligently prosecuting all such services and work.
13.5 FuII Compensation. Payment to DB for Change Orders shall provide full compensation for all equipment,
materials, labor, field and home office overhead, mazk-ups, and profit necessary to complete the work. By
executing a Change Order, the DB or D/B's representative acknowledges that no additional compensation or
claims for items of work listed in the Change Order will be allowed.
13.6 Errors and Omissions. D/B shall not be reimbursed for any costs or expenses of a Change Order resulting
from a design error or omission, D/B's negligence, or the negligence of any of D/B's agents or subagents. DB
shall be reimbwsed for any costs or expenses of a Change Order resulting from a design error or omission that
is the direct result of a City request for such design or omission. The City reserves the right to seek
reimbursements for any funds used due to errors or omissions of the Design Consultants, D/B's negligence, or
the negligence of any of D/B's agents, or subcontractors.
13.7 Citv Refusal to Aoorove Chanee Order. DB shall not have the right to terminate this Agreement for the
City's refusal to approve a Change Order pursuant to Sections 13.2.1 and/or 13.2.2
ARTICLE XIV. EXTRA WORK
14.1 City Authority to Order Extra Work. City may at any time prior to Project Completion order Extra Work
on the Project. The sum of all Extra Work ordered shall not exceed five percent (5%) of the Estimated Cost at
the time of the bid awazd, without invalidating this Agreement and without notice to any surety.
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14.1.1 Requests in Wring. All requests for Extra Work shall be in writing, shall be treated as, and are
subject to the same requirements as Change Orders. DB shall not be responsible for failure to perform
Extra Work, which was requested in a manner inconsistent with this section.
14.2 Bonds Required for Extra Work. D/B's and its agents' bonds, required under Article XXIV, shall cover any
Extra Work provided that the Extra Work is paid for by the Project Budget
14.3 Reimbursement for Extra Work. Work performed by DB as Extra Work is reimbursable in the same
manner described in Article XIV. The Project contingency as described in Article XI, will be used 5rst to
cover the costs of Extra Work.
14.4 Markuo. DB will be paid a reasonable allowance for overhead and profit for Extra Work. The allowance
sha0 not exceed &ve percent (5%) of the approved costs for the Extra Work.
ARTICLE XV. CHANGED CONDITIONS
15.1 Changed Conditions. Changed Conditions shall be addressed under the Greenbook section 3-4; however,
Parties acknowledge that even if Changed Conditions are found to be present, the Project shall not exceed the
GMP without express City Council approval of an increase to the Project Budget. Absent such express
approval of additional funds, DB shall provide City with value engineering and Parties will return Project to
within the total Project cost.
ARTTCLE XVI. PAYMENT TERMS
16.1 Pavment
16.1.1 FundsjorPayment. D/B shall only be entitled to payment for Services and Work performed under
this Agreement from the funds appropriated for the Project.
16.1.2 Alaximuns Payment. D/B shall be entitled to payment in an amount not to exceed the GMP or
subsequently approved increase in GMP. DB is not entitled to pa}Rrtent for unapproved expenses,
unapproved increases in costs, or other increases caused by DB negligence, omissions, or failure to
seek approval for additional or increased costs.
16.1.3 ApplicakonjorPayment. DB shall submit to City a certificate and application for payment on or
before the Sa' day of each calendar month ("Payment Application"). The Payment Application shall be
based upon the percentage of completion of the Schedule of Values plus any Reimbursable Costs, less
any payments previously made by the Ciry, incurred or advanced for the Project for which DB has not
previously received payment. The Payment Application must include all relevant documents in
accordance with Section 16.1 If the Ciry determines that all relevant documents have not been
submitted, City shall request that DB provide additional documentation. D/B shall provide additional
documentation within ten (10) Working Days of request. City is not obligated to make payment to DB
until City has received all relevant documentation [o support Reimbursement Request. After all
appropriate cost documentation has been received and City approves the Pa}~rrent Application, City
shall make payment m DB of all uncontested chazges within sixty (60) Calendar Days of receipt of a
complete Payment Application.
16.1.3.1 Withholding. From each payment, 5ve percent (5%) will be deducted and retained by the
City, and the remainder will be paid in accordance with the terms and conditions of this
Agreement. No payment made to DB or its sureties will constiwte a waiver of any rights the
Ciry has under this Agreement. This section is not intended to limit any rights the City may
have under the Performance or Payment Bond. In lieu of withholding retention under this
Agreement, at the election of D/B, City will deposit retention amounts into escrow and/or the
substitution of securities for money as provided in California Public Contract Code Section
22300.
16.1.3.2 Payment of Withholding. The City will pay the D/B for the amounts withheld forty-five (45)
Calendar Days from recordation of the Notice of Completion, providing that no Stop Notices
or Mechanic's Liens have been filed since the recordation of the Notice of Completion.
16.1.3.2.1 Where a Stop Notice or Mechanic's Lien has been filed following the recordation of
the Notice of Completion, the amount in controversy shall continue to be withheld
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until a fully executed release of Stop Notice or Mechanic s Lien has been filed and
a conformed copy delivered to the City.
16.1.4 Contested Charges. In the event City contests any charges contained in the Payment Application, the
dispute shall be resolved in the manner identi5ed in Section 27.11.
16.1.5 Cutojjjor Submission ojReimbursement Reguestr. DB shall submit all Reimbursement Requests
within six (6) months of the date on which Final Completion occurs and City accepts the Project. Any
Reimbursement Request submitted afrer the Cutoff Date shall not be reviewed or included in
Reimbursable Cost.
16.1.6. Yerifrcation ojReimbursement Reguest. DB shall supply documentation to support the
Reimbursement Request including, but not limited to, proof that all mechanic liens have been released,
copies of invoices received and copies of cancelled checks, substitute checks, or image replacement
documents showing that payment has been made in connection with the Reimbursement Request in the
following manner.
16.1.6.1 DB shall submit Cwo (2) espies of a Reimbursement Request (cover letter, invoice, and
documentation) to the City.
16.1.6.2 After review and approval, the City shall prepare a memorandum to the Financing
Department that the invoice is appropriate to pay. The memorandum shall indicate arrv costs
to be disallowed and the reason for the disallowance.
16.1.6.3 Prior to the approval of the Reimbursement Request, City has the right to verify whether or
not the materials and work for which reimbursement is being requested have been installed
and performed as represented in the Reimbursement Request.
16.1.7 Non-reimbursable Coss. Except to the extent that City expressly assumes the risk of loss under this
Agreement, City shall exclude from the amounts payable to DB the fair value, as determined by City,
of property that is destroyed, lost, stolen, or damaged rendering it undeliverable or unusable for City.
In addition, DB is not entitled to reimbursement for any cost or expenditure that has not been
approved by the City in the manner required by this Agreement or the City Charter and rules,
regulations, or laws promulgated there-under.
ARTICLE XVII. INSPECTION
17.1 Inspection Team. The Project shall be inspected by a team composed ot; at a minimum, the following: i.)
City Public Works Inspectors and /or Project Manager ii.) representative from DB's Design Team, iii.) the
Construction Manager, and iv.)Representative, (v.) D/B's Consultant(s), and (e) the DB's construction
superintendent [Inspection Team]
17.2 Inspection Stages. The Project shall be inspected by the Inspection Team at minimum during the following
stages: (i) when required by code, (ii J as directed by the "Special Inspections" provision, (iii) bi-weekly.
17.3 Access. City, its consultants, subcontractors, independent testing laboratories as well as other governmental
agencies with jurisdictional interests will have access at reasonable times with the City Project Manager's
approval for this observation, inspecting and testing. DB shall provide them proper and safe conditions for
such access and advise them of D/B's safety procedures and programs so that they may comply.
17.4 Additional Insnections. City will make, or have made, such inspections and tests, as the City deems
necessary to see that the Work is being accomplished in accordance with the requirements of the Construction.
17.5 Notice. D/B shall give City timely notice of readiness of the Work for all required on and off-site inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or
tests. D/B shall give at least 24 hours notice Tor on-site inspection and five (5) days notice for off-site
inspection.
17.6 Costs of Inspection. Unless otherwise specified, the cost of inspection and testing will be borne by the City.
Any expenses associated with re-inspection shall be borne by D/B.
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17.7 Concealine Work. Prior to concealing work DB shall obtain approval of work from the City and as required
by all State Building Codes. City has the right to stop or suspend Work activities which will conceal or cover
up D/B Work product which is to be inspected or tested, or which will interfere with the inspection or testing
activities, for a reasonable time and DB will have no right to additional cost or time it may incur as a result of
the Work stoppage.
17.8 Defective Work. In the event such inspections or tests reveal non-compliance with the requirements of the
Construction Documents or defective work, the provisions and process of Article XXII shall apply.
17.9Not a Waiver of Oblieations. Neither observations by the City nor inspections, tests, or approvals by City or
others shall relieve DB from DB's obligations to perform the Work in accordance with the Construction
Documents. This approval is general approval only and in no way relieves DB of its sole responsibilities under
this Agreement or any and all laws, codes, permits or regulations.
ARTICLE XVIII. PROJECT COMPLETION
18.1 Notice to Citv. When DB determines that the Project is complete, D/B shall notify the City in writing of the
Projects status within seven (7) Calendar Days of the DB's determination The notice shall certify to City that
the Project has been completed in accordance with the Constmction Documents, all applicable building codes
and regulations, al] permits, licenses, and certificates of inspection, use and occupancy, and ordinances relating
to the Project
18.2 Walk-Through Inspec[ion. A preliminary Walk-Through Inspection shall be conducted by City within ten
(10) Working Days following D/B's notice to City of completion ("Walk-Through Inspection"). The Walk-
Through Inspection will be conducted by the Inspection Team identified in Article XVII, Section 17.1.
18.2.1 Punch List. A Punch List, if necessary, shall be prepared by City during the Walk-Through Inspection.
The Punch List shall be presented to DB by the Engineer of Record within three (3) Working Days of
the Walk-Through Inspection. DB shall correcC the items listed on the Punch List within thirty (30)
Calendar Days of receipt of the punch list and prior to the Final Inspection.
182.2 Failure m/denrdjylcems. As to any items not included on the Punch List or later discovered, nothing
in this section is intended to limit D/B's obligations under this Agreement and City will maintain all
remedies available under this Ageement and the law.
18.3 Eauioment Demonstration. Prior to final inspection, D/B shall demonstrate to City the operation of each
system in the Project, and instruct City personnel in operation, adjustment and maintenance of equipment and
systems, using the operation and maintenance data.
18.3.1 Startup. The D/B shall supervise, manage, and coordinate all project startup and testing activities for
mechanical systems within the provisions of the project Contract Documents.
18.3.2 Reporting. The D/B shall report progess of project startup and testing to the City in a manner
consistent with the City's reporting system.
] 8.4 Final Inspection. Provided DB has corrected the Punch List items and notified the City of the correction
("Notice of Correction°), the Final Inspection for the Project shall be scheduled and conducted within ninety
(90) Calendar Days of the Notice of Correction.
ARTICLE XIX. PROJECT ACCEPTANCE AND FINAL COMPLETION
19.1 Acceptance. Upon approval by the Inspection Team during the Final Inspection that Project improvements are
complete and that work required on the Punch List has been finished, City sha0 accept the Project
("Acceptance"). Upon Acceptance, D/B shall do al] of the following:
19.1.1 Notice ojCompletion. DB shall execute and file a Notice of Completion with the County Recorder of
San Diego County and shall provide the RE with a wnformed copy of the recorded Notice of
Completion.
19.1.2 Lien audMaterialReleases. DB shall cause all contractors and subcontractors to provide lien and
material releases as to the Project and provide copies of such lien and material releases to the City or,
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upon approval of City which sha0 not be unreasonably withheld, provide bonds in lieu of lien and
material releases in a form reasonably acceptable to City for all such work.
19.2 Final Completion. Final Completion of the Project shall be deemed to occur on the last date of the following
events: (i) recordation of the Notice of Completion with a conformed copy to City; (ii) submission of all
documents required to be supplied by DB to City pursuant to this Agreement, including GIS information,
warranties, and operating and maintenance manuals; or issuance of a final certificate of occupancy.
19.2.1 As-Builts. City will evaluate the submitted As-Builts for accuracy and completeness and may return
comments. DB shall meet with City until al] issues are resolved. Upon issue resolution, in
accordance with disputed work procedures in Section 22.6, DB shall submit a mylar set and three
(3) &nal blueline sets of As-Builts stamped by the architect/engineer ofrecord as required by law.
N/A
19.3 No Waiver. D/B's obligation to perform and complete the work in accordance with the Contract Documents
shall be absolute. Neither recommendation of any progress payment or acceptance of work, nor any payment
by City to DB under the Contract Documents, nor any use or occupancy of the Projector any part thereof by
City, nor any act of acceptance by City, nor any failure to do act, nor any review ofa shop drawing or sample
submittal, will constitute an acceptance of work, which is not in accordance with the Contract Documents.
ARTICLE XX. PROJECT DELIVERABLES
20.1 Project Deliverables. Prior to Acceptance, D/B shall deliver all of the following to the City in the format
required:
20.1.1 As Builts. DB shall provide As-Builts in 1 set of electronic format (pdf) and GIS data 51ed .
20.1.1.1 As-Builts shall show by dimension accurate to within one (1) inch, the centerline of each run
of conduits and circuits, piping, ducts, and other similar items as determined by City, both
concealed and visible. D/B shall cleazly identify the item by accurate note such as "cast iron
drain," galvanized water, etc. DB shall clearly show, by symbol or note, the vertical location
of the item ("under slab", "in ceiling", "exposed", etc.), and make all identification
sufficiently descriptive that it may be related reliably to the speci5cation. D/B shall
thoroughly coordinate all changes on the As-Builts making adequate and proper entries on
each page of specifications and each sheet of drawings and other documents where entry is
required to properly show the change.
20.1.1.2 D/B shall include all of the following on the As-Builts:
20.1.1.2.1 n.....u ..o r.....a,.r,... ' .. ... ...:.... ... a..:,.t.va t--~. n,..._
20.1.1.2.2 u... ..,._ _t __a . ,..,:..,,t t,.,...a...._ ..r .. a.,_T,.....,:, n'«:e...,..a ........e ..'.>,
20.1.1.2.3 ,
20.1.1.2.4 . NfA-
20.1.1.2.5 rt..._,...,.., a_,._ ..,,a ~. .. . „a ............. . e ,.., rt.....,.,, n_a.._..
20.1.1.2. n,....'.. ..,..:_.. ..,a ..'a. ,.-:..:_., r,._...-.,. ,._n-,....:_.... a.._:,... n., 'ta a......
20.1.1.2.
20.1.1.2.8~hew t,.,...«:,..... ,.e~ t , n'.'e.. ,,.. ,.~.....:a ,.:.,.. ....a «..... ,.a..:..e :F a: Fa._.,....~.....
~~ ,
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9-25
20.1.1.2.9The title "PROJECT RECORD" in 3/8"letters.
20.1.1.3 DB shall maintain a set of As-Builts az the Project site for reference. DB shall ensure that
changes to the As-Builts are made within twenty-four (24) hours after obtaining information.
Changes shall be made with erasable colored pencil (not ink or indelible pencil), shall clearly
describe the change by note (note in ink, colored pencil or rubber stamp) and by graphic line,
shall indicate the date of entry, shall circle the area or areas affected and, in the event of
overlapping changes, use different colors for each change. N/A
20.1.2 Operatron andMairslersarsceMarsuals. D/B shall submit all Operation and Maintenance manuals
prepared in the following manner.
20.1.2.1 In triplicate, bound in S''/z x 11 inch (216 x 279 mm) three-ring size binders with durable
plastic covers prior to Ciry's Final Inspection.
20.1.2.2 A separate volume for each system as it applies to the project, including but not limited to,
mechanical, electrical, plumbing, roofing, irrigation, and any other system as determined by
City, with a table of contents and index tabs in each volume as follows:
20.1.2.2.1Part 1: Directory, listing names, addresses, and telephone numbers of D/B's agents,
suppliers. manufacturers, and installers.
20.1.2.2.2Part 2: Operation and Maintenance Instructions, arranged by specification division
or system. For each specification division or system, provide names, addresses
and telephone numbers of DB's agents, suppliers, manufacturers, and installers.
In addition, list the following: (i) appropriate design criteria; Vii) list of
equipment; (iii) parts list; (iv) operating instructions,(v) maintenance instructions,
equipment; (vi) maintenance instructions, finishes; (vii) shop drawings and
product data;. and (viii) warranties.
20.2 Ownership of Proiect Deliverables. Upon Final Completion or Termination, Project Deliverables shall
become the property of the City. DB and City mutually agree that the Contras documents for the Project
shall not be used on any other work without the consent of each Party. Assemble and deliver to City upon
Final Completion all records, documents, warranties, bonds, guarantees, maintenance/ service contracts, and
maintenance and operating manuals
ARTICLE XXI. WARRANTIES
21.1 Warranties Required. DB shall provide and require its agents to provide the warranties listed below. This
warranty requirement is not intended to exclude, and shall not exclude, other implicit or explicit warranties or
guarantees required or implied by law.
21.1.1 Marenals. D/B shall guarantee, and shall require its agents to guarantee, all fixtures, photocells and
]amps for the Project against defective materials famished by D/B for a period ten (10) years from the
date of a fixture's installation as indicated in the GIS data system. The fixture manufacturer shall
replace or repair any such defective materials in a manner satisfactory to Clty, after notice to do so
from City, and within the time specified in the notice. Ten-year warranty applies to defective fixtures,
lamps and photocells, but does not include labor or equipment for in service (field) replacement.
21.1.2 New Materials and Equipment. D/B shall warrant and guarantee, and shall require its agents to
warrant and guarantee, to City that al] materials and equipment incorporated into the Project are new
unless otherwise specified.
21.1.3 Deszgn, Corrslruction, and OtherDefecls. D/B shall warrant and guarantee, and shall require its agents
to warzant and guarantee to City that all work is in accordance with the Plans and Specifications and is
not defective in any way in design, wnstruction or otherwise.
21.2 Form and Content. Except manufacturer's standard printed warranties, all warranties shall be on D/B's and
DB's agent's, material supplier's, installer's or manufacturer's own letterhead, addressed to City. All
warranties shall be submitted in the format specified in this section, modified as approved by City to suit the
conditions pertaining to the warranty.
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21.2.1 Durable Bander. Obtain warranties, executed in triplicate by DB and manufacturers. Provide Table of
Contents and assemble in binder with Bumble plastic cover.
21.2.2 Table ofContents. All warranties shall be listed and typewritten in the sequence of the Table of
Contents of the Project manual, with each item identi5ed with the number and title of the specification
section in which specified, and the name of product or work item.
21.2.3 Index Tabs. Separate each warranty with index tab sheets keyed to the Table of Contents listing.
21.2.4 Detail Provide full information, using separate typewritten sheets, as necessary. Lis[ DB's agents,
installer, and manufacturer, with name, address and telephone number of responsible principal.
2125 Warranty SCarl Dale. Except for items put into use with DB's permission with date mutually agreed
upon in writing leave date of beginning of time of warranty open until the date of Final Completion.
21.2.6 Signature andNotarizalion. All warranties shall be signed and notazized. Signatures shall be required
from DB.
21.3 Term of Warranties. Unless otherwise specified or provided bylaw, ]amp & fixture warranties shall extend
for a term often (] 0) year(s) from the date of Installation. A 2-year labor only warranty covering general
workmanship Las also been provided by the DBT.
21.3.1 n,,...._ T ___ __., ~~_. x_ ,. ° ~.,.°«°_a~__ °,.°. ° °, °,.. ,.° ^^~'ga„ndc.,.,..shall ;:a.e a,,, ,
nnl ('°L._a,._n_. .. ',.a.._a._...... ..L..l i.... ..°.. .,/t\°.._. :..A nl ~l°nci~
.. ..v.a, ., ,, c..-... .>,., a°.,. °t r'..° r~,......t°«:..., win
21.4 Meetings. ;;~~[ea~{4
„y...Y.,.....~r..,..,~
21.5 Warranty Inspection.
.,.,a .°ti, _°.. °: _.. r~..a:..,.°,.F.. °>, ~.. .. ..,,., i t,o .a.,,,.-.e,i.~et,er~,~ r.. ~A ,
.naz., ..,. .,~...,...
ARTICLE XXII. DEFECTIVE WORKMANSHIP
22.1 Correction. Removah or Replacement. If within the designated warranty period, or such additional period as
may be required bylaw or regulation, the Project is discovered to contain Defective Workmanship, fhe DB
shall promptly and in accordance with the City's written instructions and within the reasonable time limits
stated therein, either correct the Defective Work, or if it has been rejected by City, remove it from the site and
replace it with non-defective and conforming work.
22.2 Citv's Right to Correct. If circumstanceswarant, including but no[ limited to an emergency or DB's failure
to adhere to section 22.1, City may correct, remove, or replace the Defective Work. In such circumstances,
D/B shall not recover costs associated with the Defective Work and shall reimburse the City for all City's
costs, whether director indirect, associated with the correction or removal and replacement.
22.3 Non-Reimbursable Costs. All costs incurred by DB or D/B's agents to remedy defects are non-reimbursable
costs. If the City has already reimbursed the D/B for the defective work, Ciry is entitled to an appropriate
decrease in Reimbursable Costs, to withhold a setoff against the amount, or to make a claim against D/B's
bond if D/B has been paid in full.
22.4 Extension of Warrantv~'-'v.,~° : ^=.`.-.` e `ac..,y °: ' m°°° «r..._e .,.... ,...,. r._°°_._._ _°°___°,.«°_a_ _-___ . °a_ ,.
...mob... ~. ... _.. .. .. .
.,A A 1.°.. .~.1 .~irvi "ii v°e. ~iii.'`ie•l C~~-.-..
rep4a~at+ty-per;o~r h e
addi''~ror„ir~z:.~.°: c:::!:° d_._ ~.°..`._,._.:~a...... r,...:,...^ r«,.° °------- ~ ----.,,, -~ -p ---"'w't_
~1„' 4
22.5 No Limitation on other Remedies. Exercise of the remedies for defects pursuant to this Article shall not limit
the remedies City may pursue under Phis Ageement or law.
24
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22.6 Disputes. If DB and City are unable to reach agreement on disputed work, DB shall not have the right to stop
or delay in the prosecution or any Services of Work, pending the determination of the Director of Public Works
or, if applicable, final resolution. Instead D/B shall continue to diligently prosecute all Work and Services.
During the time of the dispute, the City shall withhold the amount of the charge in question and compensate
DB for undisputed amounts. Payment of disputed amounts shall be as later determined by the Director of
Public Works. If this decision is contested, the claims procedure in 27.1 I shall be fo0owed. D/B shall
maintain and keep all records relating to disputed work for a period of three (3) years in aceordance with
Article XXVII.
ARTICLE XXIII. MAINTENANCE OF LANDSCAPING & IRRIGATION WORK
23.1 Maintenance Period.
~'~". ,
23.2 Maintenance Area. - _a_-_-"..F«1."n."'°,.. ,.~.~
23.3
23.4 Landscape and Irrieation Inspection.
F L' L... .... « • TL,. !`:w ..'1 ....ti F.^Tl/n "4'all .I..C..'......:".. _e. a .1 l.. «
23.5 Extension of Maintenance Period. ,
23.6 Replacement. _°''''~ _'F.""«''"""''"'°''°°"''""'"°~
b ,Y , .a _ e
I~
23.6.1 Sanxe Kind and Size.
25
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ARTICLE XXIV. BONDS
24.1 Pavment Bond. DB shall provide or require its Construction Contractor to provide City with a Payment
(material and Labor) Bond in favor of City for one hundred percent (100%) of the Hard Construction Costs.
24.2 Performance Bond. D/B shall provide or require its Construction Contractor to provide City with a Faithful
Performance Bond in favor of the City for one hundred percent (100%) of the GMP.
24.3 Term. The Payment Bond shall remain in full force and effect at ]east until the Project is accepted by the City
and all claims for materials and labor are paid, for a minimum of forty-five (45) Calendar Days after the filing
of the Notice of Completion, except as otherwise provided by law or regulazion. The Performance Bond shall
remain in full force for thirty (30) Calendaz Days following the filing date of the Notice of Completion.
24.4 Certificate of A¢encv. All bonds signed by an agent must be accompanied by a certified copy of such agent's
authority to act.
24.5 Licensing and Ratine. The bonds shall be duly executed by responsible surety companies admitted to do
business in the State of Califomia, licensed or authorized in thejurisdiction in which the project is located to
issue bonds for the limits required by this agreement, listed as approved by the United States Department of
Treasury Circular 570, and whose underwriting limimtion is sufficient to issue bonds in the amount required by
this agreement and which also satisfy the requirements stated in Section 995.660 of the Code of Civil
Procedure, except as provided otherwise by laws or regulations, secured through an authorized agent with an
office in California, and have a minimum AM Best rating of "A-".
24.6 Form. Al] bonds shall be in the form prescribed by City Attorney.
24.6 Insolveocv or Bankruotcv. If the surety on any bond famished by the Construction Contractor is declared
bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the
Project is located, D/B shall within seven (7) Calendaz Days thereafter substitute or require the substitution of
another bond and surety, acceptable to the City.
ARTICLE XXV. INDEMNITY & DUTY TO DEFEND
25.t Indemnity Defense and Hold Harmless -General Requirement. Except for liability for Professional
Services covered under Section 25.2, D/B shall defend, indemnify, protect and hold harmless the City, its
elected and appointed officers and employees, from and against any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful
death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct
of D/B, its officials, officers, employees, agents, and contractors, arising out of or in connection with the
performance of the defined Services or this Agreement This indemnity provision does not include any claims,
damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole
negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from,
connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the
City, its agents, officers, or employees which may be in combination with the active or passive negligent acts
or omissions of the D/B, its employees, agents or officers, or any third party.
25.2 Professional Services. For those professionals who are required to be licensed by the state (e.g. architects,
landscape architects, surveyors and engineers) ("Design Professionals"), Design Professionals shall defend,
indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from
any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or
equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating
to any negligence, errors or omissions, recklessness, or willful misconduct of Design Professional, its officials,
officers, employees, agents, D/Bs, and contractors arising out of or in connection with the performance of the
Design Professional's Services. Also covered is Liability arising from, connected with, caused by, or claimed to
be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees
which may be in combination with the active or passive negligent acts or omissions of the Design Professional,
its employees, agents or officers, or any third parry. The Design Professional's duty to indemnify, protect and
hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful
26
9-29
misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the
Design Professional's obligation and duties under this Agreement.
25.3 Indemnification for Liens and Stoo Notices. The DB shall keep the Project and Property free of any
mechanic's liens and immediately secure the release of any stop notices. The D/B shall defend, indemnify,
protect, and hold harmless, the City, its agents, officers and employees from and against any and all liability,
claims, costs, and damages, including but not limited to, attorney fees, arising from or attributable to a failure
to pay claimants. D/B shall be responsible for payment of all persons emitled to assert liens and stop notices.
25.4 Indemnification for Hazardous Materials. D/B agrees to defend, indemnify, and hold harmless, the City, its
agents, officers and employees from and against any and all costs, damages, claims, and liabilities, including
reasonable attorney fees, foreseeable or unforeseeable, directly or indirectly, arising from or related to the
Hazardous Materials identi&ed in the Phase I or Phase II Reports, if any, conducted pursuant to Article V.
DB's indemnity shall survive the Notice of Completion City expressly preserves its rights against other
parties and does not release, or waive its rights to contribution against, any other party.
25.5 Costs of Defense and Award. Included in the obligations in Sections 25.1 through 25.4, above, is the DB's
obligation to defend, at D/B's own cost, expense and risk, any and all aforesaid suits, actions or other legal
proceedings of every kind that may be brought or instituted against the City, its directors, officials, officers,
employees, agents and/or volunteers. DB shall pay and satisfy anyjudgmenl, award or decree that may be
rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and al]
legal expense and cost incurred by each of them in connection therewith.
25.6 Insurance Proceeds. DB's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, its directors, officials, officers, employees, agents, and~or volunteers.
25.7 Enforcement Costs. DB agrees to pay any and al] vests City incurs enforcing the indemnity and defense
provisions set forth in this Article XXV.
25.8 Survival. Consultant's obligations under this Article XXV shall survive the termination of this Agreement.
ARTICLE XXVI. INSURANCE
26.1 General. D/B shall not begin work under this Agreement until it has: (i) obtained, and upon the City's request
provided to the Ciry, insurance certificates reflecting evidence of al] insurance required in section 26.2; (ii)
obtained City approval of each company or companies; and (iii) confirmed that all policies contain the specific
provisions required by section 26.4.
26.2 Tvoes of Insurance. At all times during the term of this Agreement, DB shall maintain insurance coverage as
follows:
26.2.1 Commercial General Liability. Contractor shall provide at its expense a policy or policies of
Commercial General LiabiliTy [CGL] Insurance written on an 1S0 Occurrence form CG 00 Ol 07 98
or an equivalent form providing coverage at least as broad and which shall cover liability arising from
premises and operations, XCU (explosions, underground, and collapse) independent contractors,
products/completed operations, personal injury and advertising injury, bodily injury, property
damage, and liability assumed under an insured's contract (including the tort liability of another
assumed in a business contract). There shall be no endorsement or modification of the CGL Insurance
limiting the scope of coverage for either "insured vs. insured" claims or contractual liability.
Contracor shall maintain the same or equivalent CGL Insurance as described herein for at least ten
(10) years following substantial completion of the work. Al] costs of defense shall be outside the
policy limits. The Policy shall provide for coverage in amounts not less than two million dollars
($2,000,000) per occurrence for Bodily Injury, Personal Injury, or Property Damage. If Commercial
General Liability Insurance or other form with a general aggregate limit shall apply separately to this
projecUlocation, the general aggregate limit shall be twice the required occurrence limit.
26.2.2 26.2.2 Commercial Automobile Liability. For al] of DB's automobiles used in conjunction with the
Project including owned, hired and non-owned automobiles, D/B shall keep in full force and effect, a
policy or policies of Commercial Automobile Liability Insurance written on an ISO form CA 00 Ol
12 90 or a later version of this form or equivalent form providing coverage at least as broad in the
27
9-30
amount of one million dollars ($1,000,000) combined single limit per occunrence, covering bodily
injury and property damage for owned, non-owned and hired automobiles ["Any Auto"]. Al] costs of
defense shall be outside the policy.
26.2.3 ArchiLecls and Engineers Professional Liability. For al] oCD/B's employees who are subject to this
Agreement, D/B shall keep in full force and effect, or DB shall require that its architect/engineer(s) of
record keep in full force and effect errors and omissions insurance providing coverage for professional
liability with a combined single limit of one million dollars ($1,000,000) per claim and two million
dollars ($2,000,000) annual aggregate. DB shall ensure both that(i) this policy retroactive date is on
or before the date of commencement of the Project; and (ii) this policy has a reporting period of three
(3) years afrer the date of completion or termination of this Agreement. DB agrees that for the time
period defined above, there will be no changes or endorsements to the policy that increases the City's
exposure to loss.
26.2.4 6rczcs Liability. DB shat] provide Excess Liability Insurance affording two million dollars
($2,000,000) in excess of General Liability and Employer's Liability limits afforded on primay
policies. The coverage will be subject to the same terms, conditions, and exclusions found in the
primary policies. - -
26.2.5 Contracmrs Pollution Liabiliry. If the DB or its Contractors' Work includes cleanup, removal,
storage, or otherwise handling of hazardous or toxic chemicals, materials, substances, or any other
pollutants, Contractor shall provide at their expense Contractors Pollution Liability Insurance
appropriate to cover such activities in an amount not less than $1,000,000 Combined Single Limit per
occurrence/aggregate for bodily injury, property damage and remediation.
26.2.5.1
__.~:.,..6 .. .. .6b A....ee... e... :F.o..~......6. .. ..:1..610 1fLiA
26.2.5.2
26.2.5.3 -.,,~ ~, ~ .,..... _..,..... ........ ... ......._. -_-°.....- '-- - - - -- -- ------- --
4...........Y _ed F _ :.., d:......,...1 T6b !`e.~'F....m .. 6o g.mi$~v°si6i°`li'~~~y-
Ix~h~-
26.2.6 Hazardous Traiuporters Pollution Liability. ""-°^/O''°`'°°°.,'_,......_..~nr,._o :_.,i.. a..,.
b
26.2.6.1
26.2.6.2 ~. _„ :,.. ..>,..1 >,,, ,...a,._..va .....«,.:a.... ,.. 'ae ,... o..,, o ~ . ia/,..r ..os,..,,va~.,,a~
(~ ..C ll.........i..... T_....~~...+ .. D.. « 1 '..1.' ., i..n ._ 'n6 fi.n !`.n
26.2.6.3 T6,. «..1:,.. ,._ r~e..~F,....e ..... _. «I,.'..6. ae..:....~.o .60 ......,a ,.F.6e n_,.~,.,.. «......., s~6o
r.,.._~ ,,. _ _...~._..._ ..._.,. r._..., __...e.._._ ..._ ..___ _ _ ____ _ _ __ _ ___ __.._ _ _ ._ _
28
9-31
,~:~,;
26.2.7 6Yorker's Compensation. For al] of DB's employees who are subject to this Agreement and to the
ez~tent required by the State of California, DB shall keep in full force and effect, a Workers'
Compensation Insurance and Employers' Liability Insurance to protect DB against all claims under
applicable state workers' compensation laws. The City, it's elected officials, and employees will not
be responsible for any claims in law or equity occasioned by the failure of the DB to comply with the
requirements of this section. That policy shall provide at least the statutory minimums of one million
($1,000,000) for Bodily Injury by Accident for each accident, one million dollars ($1,000,000) for
Bodily Injury by Disease each employee, and a one million dollars ($1,000,000) for Bodily Injury by
Disease policy limit.
26.2.7.1 Prior to the execution of the Agreement by the City, the D/B shall file the following signed
certification:
"I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for worker's compensation or to undertake self-
insurance, in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of the Contract"
26.2.8 Builder's Risk To the extent commerciaily available the Citv shall provide a policy of"all risk"
BuildersRisk Insurance. Coverage will be provided for the Replacement Cost of Materials, Equipment
and Fixtures destined to become a permanent part of the stmcwre, and coverage will include Property
in Transit and Property in Offsite Storage. The limit for this policy shall be a minimum of
$1,263,932.10 GMP dollar amount to reflect project sofr and hard costs). It shall be D/B's
responsibility to bear the expense of any deductible ($10,000.00). The Builders Risk coverage shall
expire at the time such insured property is occupied by City, or a Notice of Completion is filed,
whichever occurs first. Contractor and its Subcontractors will be solely responsible for any loss or
damage to their personal property, including contractor's tools and equipment owned, used, leased or
rented by the Contractor or Subcontractor.
26.3 Ratine Requirements. Except for State Compensation Insurance Fund, all insurance required by express
provision of this Agreement shall be carried only by responsible insurance companies that have been given at
least an "A" or "A" and "V" rating by AM BEST, that are authorized by the Califomia Insurance
Commissioner to do business in the State of Califomia, and that have been approved by the CiTy.
26.3.1 Non-ftdn:itted Carriers. The City will accept insurance provided by non-admitted, "surplus lines"
cattiers only if the carrier is authorized to do business in the State of California and is included on the
List of Eligible Surplus Lines Insurers [LESLI List] with a current AM BEST rating of no less than
A: X.
26.4 Endorsements Required. Each policy required under Article XXVI, section 26.2 of this Agreement shall
expressly provide, and an endorsement shall be submitted to the City, that:
26.4.1 .?ddilionallnsureds. Except as to Architects and/or Engineers professional liability insurance and
Workers Compensation, the City of Chula Vista and its respective elected officials, officers,
employees, agents, and representatives shall be named as additional insureds.
26.4.1.1 Commercial General Liability. The policy or policies must be endorsed to include as an
Additional Insured the City of Chula Vista and its respective elected officials, officers,
employees, agents, and representatives. Liability Additional Insured Endorsement must be
provided on ISO forzn CG 20]0 (11/85) or equivalent, specifically, coverage afforded City
must be Primary and must not exclude Completed Operations. The coverage for Projects for
which the Engineer's Estimate is one million dollars ($1,000,000) or more shall include
liability arising out of: (i) Ongoing operations performed DB or on DB's behalf, (ii) DB's
products, (iii) D/B's work, including but not limited to completed operations performed by
D/B or on DB's behalf, or (iv) premises owned, leased, controlled, or used by D/&, the
coverage for Projects for which the Engineer's Estimate is less than one million dollars
($1,000,000) shall include Liability arising out of (i) Ongoing operations performed by D/B
29
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or on D/B's behalf, (ii) DB`s products, work, including but not limited to completed
operations performed by D/B or on DB's behalf, or (iii) premises owned, leased, controlled,
or used by you; Except that in connection with, collateral to, or affecting any construction
contract to which the provisions of subdivision (b) of Section 2782 of the California Civil
Code apply, these endorsements shall not provide any duty of indemnity coverage for the
active negligence of the City of Chula Vista and its respective elected officials, officers,
employees, agents, and representatives in any case where an agreement to indemnify the City
of Chula Vista and its respective elected officials, officers, employees, agents, and
representatives would be invalid under subdivision (b) of Section 2782 of the Califomia
Civil Code. In any case where a claim or loss encompasses the negligence of the Insured and
the active negligence of the City of City of Chula Vista and its respective elected officials,
officers, employees, agents, and representatives that is not covered because of Califomia
Insurance Code Section 11580.04, the insurer's obligation to the City of San Chula Vista and
its respective elected officials, officers, employees, agents, and representatives shall be
limited to obligations permitted by Califomia Insurance Code Section 11580.04.
26.4.1.1 Commercial Automobile Liability Insurance. Unless the policy o5 policies of Commercial
Auto Liability Insurance are written on an ISO form CA 00 Ol 12 90 or a later version of this
form or equivalent form providing coverage at least as broad, the policy or policies must be
endorsed to include as an Additional Insured the City of Chula Vista and its respective elected
officials, officers, employees, agents, and representatives, with respect to iiability arising out
of automobiles owned, ]eased, hired or borrowed by or on behalf of the Contractor; except
that in connection with, collateral to, or affecting any construction contract to which the
provisions of subdivision (b) of Section 2782 of the California Civil Code apply, this
endorsement shall not provide any duty of indemnity coverage for the active negligence of the
City of Chula Vista and its respective elected officials, officers, employees, agents, and
representatives in any case where an agreement to indemnify the City of Chula Vista and its
respective elected officials, officers, employees, agents, and representatives would be invalid
under subdivision (b) of Section 2782 of the Califomia Civil Code. In any case where a claim
or loss encompasses the negligence of the Insured and the active negligence of the City of
Chula Vista and its respective elected officials, officers, employees, agents, and
representatives that is not covered because of California Insurance Code Section 11580.04,
the insurer's obligation to the City of Chula Vista and its respective elected officials, officers,
employees, agents, and representatives shall be limited m obligations permitted by California
Insurance Code Section 11580.04.
26.4.2 Primary andNon-Contributory. The policies are primary and non-conVibuting to any insurance or
self-insurance that may be carried by the City of Chula Vista, its elected officials, officers, employees,
agents, and representatives with respect to operations, including the completed operations if
appropriate, of the Named Insured. Any insurance maintained by the City of Chula Vista and its
elected officials, officers, employees, agents, and representatives shall be in excess of DB's insurance
and shall not contribute to it.
26.4.3 Waiver oj6ubrogation. Consultant's insurer will provide a Waiver of Subrogation in favor of the City
For each required policy providing coverage for the term required by this Agreement.
26.4.4 Project General Aggregate Limit. The CGL policy or policies must be endorsed to provide a
Designated Construction Project General Aggregate Limit that will apply only to the Work performed
under this Agreement. Claims payments not arising from the Work shall not reduce the Designated
Construction Project General Aggregate Limit. The Designated Construction Project General
Aggregate Limit shall be in addition to the aggregate limit provided for the products-completed
operations hazard
26.4.5 Written Notice. Except as provided for under Califomia law, the policies cannot be canceled, non-
renewed or materially changed except afrer thirty (30) Calendar Days prior written notice by D/B to
the City by certified mail, as reflected in an endorsement which shall be submitted to the City, except
for non-payment of premium, in which case ten (]0) Calendaz Days notice shall be provided.
30
9-33
26.4.5.1 The words "will endeavor" and "but failure to mail such notice shall impose no obligation or
liability of any kind upon the company, its agents, or representatives" shall be deleted from
all certificates.
26.4.6 Addilionallnsurance DB may obtain additional insurance not required by this Agreement.
26.4.7 Prior ro .Starling Work Before perfoaning any work, D/B shall provide the Ciry with all Certificates
of Insurance accompanied by al] endorsements.
26.5 Subcontractors. All coverages for subcontractors or subconsultants shall be subject to all of the requirements
stated herein. Subcontractors and subconsultants shall be protected against risk of loss by maintaining
insurance in the categories and at the limits required herein. Subcontractors and subconsultants shall name
City and D/B as additional insureds under its policies.
26.6 Obligation to Provide Documents. The DB shall provide copies of documents including but not limited to
certifcates of insurance and endorsements, and shall famish renewal documentazion prior to expiration of
insurance. Each required document shall be signed by the insurer or a person authorized by the insurer to bind
coverage on its behalf The City reserves the right to require complete, certified espies of al] insurance policies
required herein. -
26.6.1 Cooperation. The DB and its Contractors shall cooperate fully with and provide any information or
records requested by the City or regarding all aspects of the insurance and project, including but not
limited to claims, audit, payroll, insurance records and safety. Delays in reporting information to the
City may result in delays in progress pa}~nents to the DB.
26.7 Deductibles/Self Insured Retentions. All deductibles and self-insurance retentions on any policy shall be the
responsibility of DB. Deductibles and self-iusmance retentions shall be disclosed to and approved by the City
at the time the evidence of insurance is provided. At the option of the City, either: the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and
volunteers; or the DB shall provide a financial guarantee satisfactory to the City guaranteeing payment of
losses and related investigations, claim administration and defense expenses.
26.8 Policv Chances. DB shall not modify any policy or endorsement thereto which increases the City's exposure
to loss for the durazion of this Agreement.
26.9 Reservation of Rights. The City reserves the righk from time to time, to review the Contractor's insurance
coverage, limits, deductible and self-insured retentions to determine if they are acceptable to the City. The City
will reimburse the Contractor for the wst of the additional premium for any coverage requested by the City in
excess of that required by this Agreement without overhead, profit, or any other markup.
26.]0 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to
limit the D/B's obligations under this Agreement, including Indemnity.
26.11 Material Breach. Failure to maintaiq renew, or provide evidence of renewal during the term of this
Agreement may be treated by the City as a material breach of contract.
ARTICLE XXVIL TERMINATION/SUSPENSION OF WORK
27.1 Susaension of Work for Archaeological and/or Paleontological Discoveries. If a discovery is made of an
archaeological or paleontological interest, DB shall immediately cease operations in the area of the discovery
and shall not continue until ordered by City. When resumed, operations within the area of the discovery shall
be as directed by City.
27.1.1 Discoveries which may be encountered may include, but are not be limited to, dwelling sites, stone
implements or other artifacts, animal bones, human bones, fossils or any item with cultural
significance.
27.1.2 D/B shall be entitled to an extension of time and compensation in accordance with the provisions of
this Agreement.
27.2 Termination of Agreement by City For Cause. If, through any cause, DB shall fail to fulfil] in a timely and
proper manner D/B's obligations under this Agreement, or if DB shall violate any of the covenants.
31
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conditions, ageements or stipulations of this Agreement, City shall have the right to terminate this Agreement
by giving wririen notice to D/B of such termination and specifying the effective date thereof at least Sve (5)
Calendar Days before the effective date of such termination.
27.3 Termination or Suspension for Convenience by City. City may terminate or suspend this Agreement at any
time and for any reason, by giving specific written notice to DB of such ternination or suspension and
specifying the effective date thereof, at ]east seven (7) Calendar Days before the effective date of such
suspension or termination. In the event of an emergency, advance notice shall not be required under this
provision.
27.4 Termination of Agreement by DB. D/B may terminate the Agreement upon ten (] 0) days written notice to
City, whenever either of the following occur:
27.4.1 Projeel Suspension. If the Project has been suspended under the provisions of Section 27.1 or 27.3, for
more than ninety (90) consecutive days through w fault or negligence of D/B, and notice to resume
Work or to terminate the Agreement has not been received from City within this time period; or,
27.4.2 Failm-e 1o Pay Amountr Due andNot in Dispute. If City fails to pay D/B any monies due and not in
dispute in accordance with the Cerms of this Agreement within ninety (90) Calendar Days, plus the ten
(10) Calendar Days afforded the City to remedy the failure, after presentation to City by DB of a
request therefore.
27.5 DB Action Required. Upon receipt of the Notice of Termination, D/B shall take any and all action that may
be necessary, or that the City Manager may direct, for the protection and preservation of the property related to
this Agreement that is in the possession of D/B and in which City has or may acquire an interest.
27.6 Possession, Ownershiv. and Control oP Documents. In the event that this Agreement is terminated in
accordance with Sections 27.2 through 27.4, al] finished or unfinished documents, data, studies, drawings,
maps, plans, specifications, reports and other materials prepared by DB, or any of its agents, Design
Consultants or Subcontractors, shall, at the option of the City, become the sole and exclusive property of the
City.
27.7 Citv Right to Complete Protect. In the event that the Agreement is terminated pursuant to this Article
XXVII, City may take possession of the Project and may complete the Project by whatever method or means
Ciry may select.
27.7.1 Fares Costs. In the event that the costs to complete the Project exceed the balance of funds, which
had [he Prgject been completed in accordance with this Agreement would have been due, the D/B shall
be liable for and pay such excess costs to the City.
27.8 Payment to DB Due to Termination. Upon termination, DB shall be entitled to receive just and equitable
compensation for satisfactory Work completed. In no event shat) such amount exceed the total dollar amount
authorized by City, reduced by the amount of payments previously made and any deductions permitted herein.
The fair and reasonable amount shall be determined in good faith by Director of Public Works considering the
following:
27.8.1 The price for wmpleted services accepted, including any retention, by City not previously paid.
27.8.2 The costs incurred in the performance of the Project terminated, including initial costs and prepazatory
expense allocable thereto. These costs are only for Work completed and accepted by the City based on
an audit of all Contractors' bills of materials and the timecards for Work actually performed.
27.8.3 A portion of the DB Fixed Pee (overhead and profit) based on the percentage of Work completed on
the Project; however, if D/B would have sustained a loss on the entire Agreement had it been
completed, City shall allow no profit under this section and shall reduce the amount payable to reflect
the indicated rate of loss.
27.8.4 D/B and Design Subcontractor services through the date of termination based on actual time spent as
documented on timecards. Expenses shall be paid based on invoice and receipts provided by D/B.
27.8.5 Any amounts for Work or Services agreed to by the City Manager and DB, but without duplication of
any amounts agreed to above.
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27.8.6 Reasonable demobilization costs, to the effective date of such termination.
27.8.7 If termination occttrs dtuing Phase I, II, or III, DB shall only be entitled to the Fees for Phases I, II, or
III, associated therewith, or the respective portion thereof.
27.9 Lost Profits. Under no circumstances will DB be entitled to any consideration for lost profit or lost
opportunity costs.
27.1 ODeductions. The amount due D/B shall be reduced b}' amounts including the following:
27.10.1 Any claim that City has against DB under this Agreement.
27.10.2 The agreed price for, or the proceeds of sale of, materials, supplies, or other things acquired by DB or
sold under the provisions of this clause and not recovered by or credited to City.
27.10.3 Damages caused by D/B's breach, including Excess Costs pursuant to Section 27.7.1.
27.10.4 Property Destroyed, Lost, Stolen or Damaged. Except to the extent that City expressly assumed the
risk of loss, the City Manager shall exclude from the amounts payable to D/$ the fair value, as
determined by the City Manager, of property that is destroyed, lost, stolen, or. damaged so as to
become undeliverable to City.
27.11Disoutes. If DB does not agree with the determination of the Director of Public Works, DB shall promptly,
but in no event later than 30 calendaz days after the event(s) giving rise to the Claim, receipt of notice of such
determination, or payment therefore, whichever is earlier, shall deliver the Claim to the City. The dispute shall
be resolved in the manner provide for below:
27.11.1 Claim. DB shall submit a Claim to City if a dispute occurs that arises from or relates to the Contract.
The Claim shall be in writing and identify all relief to which D/B asserts it is entitled as a result of the
event(s) giving rise to the dispute. D/B shall substantiate all Claims, and shall process all Claims in
accordance with this Section 27.11. All Claims are subject to the City's right to audit pursuant to
Section 28.2. D/B shall continue to perform the Services and the Work and maintain the Project
Schedule during any dispute proceedings and City shall continue to make payments for undisputed
Services and Work.
27.11.2 Determination gfClaim. Within 30 days of receipt of a Claim, Ciry will deliver a Final Determination
to DB. City shall not consider and will return to DB any written demand that does not conform to the
requirements of Section 27.11.
27.11.3 Administralive,4ppea! If DB disagrees with a Final Deteanination, the Parties shall proceed as
follows:
27.11.3.1 D/B shall submit a written appeal to City within 30 days of receipt of the Final
Determination, which shall include the justification for the appeal.
27.11.3.2 Within 15 days of receipt of DB's appeal, City will schedule a Settlement
MeetingJAdministrative Hearing. D/B will have an opportunity to present the Claim to the
Dispute Resolution Board [DRB] consisting of senior management at City. If a settlement
agreement cannot be reached, the DRB will make a written determination on the issues
presented.
27. ] 1.3.3 The DRB shall make a written determination within 30 days after the Settlement
Meeting/Administrative hearing. The DRB's determination shall be final and binding on D/B
unless DB submits to City a written objection within 30 days after receipt of DRB's
determination. DB's failure to submit an objection within that 30 day period shall constitute
a waiver of D/B's right to pursue the Claim. If D/B submits a timely objection, the Parties
shall proceed in accordance with
27.11.4 Failure 1o Prosecule Claim and Waiver. DB's failure to process a Claim in accordance with this
Section shall Constitute a waiver any and all claims for damages, compensation, or relief arising under
this Agreement for any and all Work and Services associated with the dispute. With respect to an
event of termination, failure of DB to dispute amounts paid in the manner and within the timeframe
provided in this Section 27.11 shall act as a waiver of any and all claims for damages or compensation
33
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arising under this Agreement for any and al] Work and Services performed under this Agreement up to
the effective date of Notice of Termination. DB hereby expressly acknowledges and agrees that all
such claims under this Section shall be waived as herein provided.
27.12Ri¢hts of Citv Preserved. In the even[ that the Agreement has been terminated, the termination shall not
affect any rights or remedies of City against DB then existing or which may thereafrer accme. Any retention
or payment of moneys due DB by City will not release DB from liability. It is agreed that termination
hereafrer will not in any way release, waiver, or abridge any rights the City has against DB's performance
bond surety.
ARTICLE XVIH. RECORDS AND AUDITS
28.1 Record Svstem -Reimbursable Costs. DB shall develop and maintain an accurate system for tracking al]
Reimbursable Costs. Utilizing this system, DB shall include with each month payment application an
itemization of al] such Reimbursable Costs actually incurred by DB, during the previous month. If requested
by the City, D/B shall provide all backup documentation supporting such Reimbursable Costs.
28.2 Record Svstem -Hard Construction Costs. DB shall develop and maintain an accurate system for tracking
all Hazd Construction Costs it incurs on the Project. Utilizing this system, DB shall include with each
monthly application for payment an itemization of all Hard Construction Costs actually incurred by DB during
the previous month.
28.3 Retention of Records. DB, contractors, and subcontractors shall maintain data and records related to this
Agreement for a period of not less than three (3) years following receipt of final payment under this Agreement
or three (3) years following final settlement associated with the termination of this Agreement pursuant to
Article XXVII. above.
28.4 Audit of Records. At any time during normal business hours, during the term of the contract plus and record
retention period and as often as the City deems necessary, D/B and any or all Contractors or subcontractors
shall make available to the City for examination at reasonable locations within the City/County of San Diego
al] of the data and rewrds with respect to all matters covered by this Agreement. D/B and all contractors or
subcontractors will permit the City to make audits of all invoices, materials, payrolls, records of personnel, and
other data and media relating to all matters covered by this Agreement. If records aze not made available within
the City/County of San Diego, then DB shall pay al] the City's travel related costs to audit the records
associated with this Agreement at the location where the records are maintained. Such costs will not be
Reimbursable Costs.
28.2.1 Costs. DB and DB's agents shall allow City to audit and examine books. records, documents, and any
and all evidence and accounting procedures and practices that City determines aze necessary to
discover and verify all costs of whatever nature, which are claimed to have been incurred, anticipated
to be incurred, or for which a claim for additional compensation or for Extra Work have been
submined under this Agreement.
ARTICLE XXIX. NOTICES
29.1 W ritine. Any demand upon or notice required or permitted to be given by one Party to the other Party shall be
in writing.
29.2 Effective Date. Except in relation to Change Orders as provided for in Article 13 or as otherwise provided by
law, any demand upon or notice required or permitted to be given by one Party to the other Party shall be
effective: (i) on personal delivery, (ii) on the second business day after mailing by certified or registered U.S.
Mail, return receipt requested, (iii) on the succeeding business day after mailing by Express Mail or after
deposit with a private delivery service of general use (e.g., Federal Express) postage or fee prepaid as
appropriate, or (iv) upon successful transmission of facsimile.
29.3 Recipients. Except in relation to Change Orders, all demands or notices required or permitted to be given
shall be sent to all of the following:
29.3.1 Jim Filanc, Southern Contracting Company
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29.3.2 City of Chula Vista- Gordon Day
29.3.3 (Reserved)
29.4 Recipients of Chance Orders.
29.4.1 Jim Filanq Southern Contracting Company
29.4.2
29.4.3
29.5 Chance of Address(es). Notice of change of address shall be given in the manner set forth in this Article.
ARTICLE XXX. MISCELLANEOUS PROVISIONS
30.1 Headines. All article headings are for convenience only and shall not affect the interpretation of this
Agreement.
30.2 Gender & Number. Whenever the contexrt requires, the use herein of (i) the neuter gender includes the
masculine and the feminine genders and (ii) the singulaz number includes the plural number.
30.3 Reference [o Paraeraohs. Each reference in this Agreement to a section refers, unless otherwise stated, to a
section in this Agreement.
30.0. Incorporation of Recitals. All recitals herein are incorporated into this Agreement and are made a part
hereof.
30.5 Covenants and Conditions. All provisions of this Agreement expressed as either covenants or conditions on
the part of the City or the Consultant, shall be deemed to be both covenants and conditions.
30.6 Inteeration. This Ageement and the Exhibits and references incorporated into this Agreement fully express
all understandings of the Parties concerning the matters covered in this Ageement. No change, alteration, or
modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their
officers, agents, or employees shall be valid unless made in the forth of a written change agreed to in writing
by both Parties or an amendment to this Agreement agreed to by both Parties. All prior negotiations and
agreements are merged into this Agreement.
30.7 Severability. The unenforceability, invalidity, or illegality oCany provision of this Agreement shall not
render any a other provision of this Agreement unenforceable, invalid, or illegal.
30.8 Drafting Ambiguities. The Parties agree that they are aware that they have the right to be advised by
counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether
or not to seek advice of wunsel with respect to this Agreement is a decision, which is the sole responsibility
of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the
extent to which each Party participated in the drafting of the Agreement.
30.9 Conflicts Between Terms. If an apparent conflict or inconsistency exists between the main body of this
Agreement and the Exhibits, the main body of this Agreement shall control If a conflict exists beriveen an
applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule,
regulation, order, or code shall control. Varying degrees of stringency among the main body of this
Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most
stringent requirement shall control. Each Party shall notify the other immediately upon the identification of
any apparent conflict or inconsistency concerning this Agreement.
30.10 Prompt Performance. Time is of the essence of each covenant and condition set forth in this Agreement.
30.11 Good Faith Performance. The parties shall cooperate with each other in good faith, and assist each other in
the performance of the provisions of this Agreement.
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30.12 Further Assurances. City and DB each agree to execute and deliver such additional documents as ma}' be
required to effectuate the purposes of this Agreement.
30.13 Exhibits. Each of the following Exhibits is attached hereto and incorporated herein by this reference:
Exhibit A - Project Installation Schedule and Proposed Schedule of Values.
Exhibit B - Contract Terms and Requirements as specified in the RFP.
Exhibit C - QECB DBA Wage Determinations
Exhibit D - Southern Contracting Company RFP
30.14 Compliapce with Controlline Law. The Design Build Team (DBT) shall comply with all laws, ordinances,
regulations, and policies of the federal, state, and local governments applicable to this Agreement including
California Labor Code section 1720 as amended in 2000 relating to the payment of prevailing wages during
the design and preconsVUCtion phases of a project, including inspection and land surveying work. In addition,
the Consultant shall comply immediately with all dvectives issued by the City or itsauthorized
representatives under authority of any laws, statutes, ordinances, roles, or regulations. The laws of the State of
California shall govern and control the terms and conditions of this Agreement.
30.15 Jurisdiction, Venue, and Attorney Fees. The venue for any suit or proceeding concerning this Agreement,
the interpretation or application of any of its terms, or any related disputes shall be in the County of San
Diego, State of Califomia. The prevailing Party in any such suit or proceeding shall be entitled to a
reasonable award of attorney fees in addition to any other award made in such suit or proceeding.
30.16 Municipal Powers. Nothing contained in this Agreement shall be construed as a limitation upon the powers
of the City as a chartered city of the State of Califomia
30.17 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out
of this agreement, against the City unless a claim has first been presented in writing and Sled with the City
and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, as same may from time to time be amended, the provisions of which aze incorporated by this
reference as if fully set forth herein, and such policies and procedures used by the City in the implementation
of same. Upon request by City, Consultant shall meet and confer in good faith with Ciry for the purpose of
resolving any dispute over the terms of this Agreement.
30.18 Third Party Relationships. Nothing in this Agreement shall create a contractual relationship between City
and any third party; however, the Parties understand and agree that City, to the eaKent permitted by law, is an
intended third party beneficiary of all DB's contracts, purchase orders and other contracts between DB and
third party services. D/B shall incorporate this provision into its contracts, supply agreements and purchase
orders.
30.19 Non-Assignment. The D/B shall not assign the obligations under this Agreement, whether by express
assignment or by sale of the company, nor any monies due or to become due, without the City's prior written
approval. Any assignment in violation of this paragraph shall constitute a default and is grounds for
immediate termination of this Agreement, at the sole discretion of the City. In no event shall any putative
assignment create a contractual relationship between the City and any putative assignee.
30.20 Successors in Interest. This Agreement and all rights and obligations created by this Agreement shall be in
force and effect whether or not any Parties to the Agreement have been succeeded by another entity, and all
rights and obligations created by this Agreement shall be vested and binding on any Parry's successor in
interest.
30.21 Indeoendent Contractors. The D/B, any consultants, contractors, subcontractors, and any other individuals
employed by the D/B shall be independent contractors and not agents of the City. Any provisions of this
Agreement that may appear to give the City any right to direct the D/B concerning the details of performing
the Services under this Agreement, or to exercise any control over such performance, shall mean only that the
DB shall follow the direction of the City concerning the end results of the performance.
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30.22Aporoval. Wherethecon~rttorapprovalofapartyisreguir~wnecz~aryunderthisAgrs~r~rt,the
consent w ~proval shall not be unr~sonably withhel d
30.23 No Waiver. NofailureofathatheCityortheCwis~ltarrttoinastuponthesiridpafiorman~bytheotha
of any covenant, term or oonditi an of this Agresnent, nor ary fai I ure to exadse sty right or remedy
o~nsequertt upon a brew of any covatatt, term, w oondtion of ttti s Agreant.>nt, shal I constitute awai va of
any salt breach of such mvenarrt, tam or condition. No waive of any breach shall affect w alts this
Agreemerrt, and a3^h aid erray oovertatt, oonditi on, and tam hereof sha I oonti nue i n ful I force ad dfex to
any erci~ing w subsequed breach.
30.24 SigningAuthwity. TheretxesattativeforeacFtPartysigningonbdtalfofamrporation,
partna~i p, joi M venture w govanmerttal erdity hereby ded erg that authority has been obta ned to sign on
behalf of themrporation, patnaship, jdnt verrture, w erttity and agregto hold the other Party or Panes
hereto hamless if it is I~er ddand ned that such authority dog not exist.
I N WITNESS WHEREOF, thi s Agreanertt the City of Chul a V i sta and Southern CwRra2i ng Company I nc ha.~e
ezxuted thisAgreement tha~y irxiic~ing that they trace read and understood sane, and indcdethei r full and
wrnpl ete cortsertt to its tams.
ThisAgreartentisdated J2012atdthisd3esh211wnstitutethedfedivedateofthis
Agreernatt.
CITY OFCHULA VISTA, A Munidpal Corporation South~rt Contracting Company, Inc.
By B
CHERYL COX, Mayor TIMOTHY ~ BRIDE, Prestlent
Attgt:
DONNA NORRIS, City Gerk
Approved alto form std legality.
By:
GI at Googi ns, City Attorney
Dated 2012
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EXHIBIT A
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Run Date: May 16, 2012 c,x,
City of Chula Vista Phase Two Street Light Replacement ~ "'' ~
Schedule of Values (No Adaative Controls) '~+~(~:~
cD
I
N
Item Account Qty Unit Price Dollar Value
1 150W HPS Replacement (material) 529 $316.52 $167,440.00
2 250W HPS Replacement (material) 1525 $391.30 $596,739.13
Field Engineering LS $4,510.00 $4,510.00
3 Installation Labor & Equipment LS ~ $87,518.26 $87,518.26
4 Traffic Control LS $146,000.00 $146,000.00
5 Subtotal Phase Three Construction $1,002,207.39
6 Phase Three OH&P and GCs 15% of total phase $176,860.13
7 Total Phase Three Construction $1,179,067.52
8 Design (SCC & Syska Hennessey) LS $20,000.00 $20,000.00
9 Traffic Control Plans LS $10,000.00 $10,000.00
10 Subtotal Phase Two Engineering $30,000.00
11 Phase Two OH&P and GCs 15% of total phase $5,294.12
12 Total Phase Two Engineering $35,294.12
13 City-Controlled Contingency 2.99% of Line Item #7 $35,212.85
14 Bonds (1.149% of Line Item 7+Line Item 12+Line Item 13)* 1.1490% $14,357.61
15 Total Other Soft Costs $49,570.46
16 TOTAL ESTIMATE (Line Item 7 +Line Item 12 +Line Item 15 $1,263,932.10
* Note A .229% surcharge was added to Southern's 0.92% bond rate to cover the City's required two year labor warranty period.
EXHIBIT B
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\ll//
~,~ ~
CHULA V~SfA
REQUEST FOR PROPOSAL (RFP)
TO PROVIDE
DESIGN BUILD SERVICES FOR
THE DESIGN AND CONSTRUCTION OF
THE MUNICIPAL STREET LIGHTING RETROFIT PROJECT
PHASE II
IN THE CITY OF CHULA VISTA, CA
RFP ISSUED:
March 9, 2012
SUBMITTALSARE DUE BY.•
March 29,2012
City of Chula Vista
Public Works Department,
Engineering Division
276 Fourth Avenue Building 200
Chula Vista, CA 91910
THIS IS A FEDERAL WAGE PROJECT
9-44
TABLE OF CONTENTS
I. INTRODUCTION.
II SCOPE OF SERVICES ...
.....................................1
.......................2
A. Project Control (All Phases) ..........................................................................................2
B. Design Phase Services ...................................................................................................2
C. Construction Phase Services ..........................................................................................4
D. Operations and Startup Phase Services ..........................................................................5
III DESIGN BUILDER SELECTION PROCESS ....................................................7
IV REQUEST FOR PROPOSALS SCHEDULE .....................................................8
V PUBLIC DISCLOSURE ..............................................................................8
VI SUBMITTAL REQUIREMENTS ...................................................................8
VII CONTRACT TERMS AND CONDITIONS .....................................................10
ATTACHMENT A -SPECIFICATIONS
ATTACHMENT B - QECB DBA WAGE DETERMINATION
ATTACHMENT C -SAMPLE DESIGN BUILD AGREEMENT
ATTACHMENT D- PUBLIC AGENCY PIGGYBACK AGREEMENT
ATTACHMENT E -SAMPLE SCHEDULE OF VALUES
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I. INTRODUCTION
The City of Chula Vista is circulating this RFP to firms qualified to provide Design Build
services to the City for the installation of LED powered streetlight fixtures in the City of
Chula Vista.
All DBT members shall be licensed and registered with the State of California as a C-10
contractor, or as General Contractor (B) with a listed C-10 subcontractor. This RFP
document describes the typical elements of a project, the required scope of services, the
selection process, and the minimum information that must be included in the proposal
submittal.
This RFP is intended to allow for the following scenazios:
• DBT (Design Build Team) will combine work efforts with the City's current
management team and local government Street Light Working Group that has
previously prepared the planning and/or conceptual documents. See Schedule A.
• DBT, created by the DB, uses previously prepared planning and/or conceptual
documents.
• Extension of this contract (by amendment to the Guaranteed Maximum Price with
Council approval) to allow for future phases to complete lighting throughout the City.
All scenarios will result in design development, fixture specification research, creation of
new standard specifications, construction document preparation, and construction of the
project.
ll is intended that any other public agency (e.g., city, county, district, public authority, public agency,
municipality, or other political subdivision of California) located m [he County of Orange, San Diego,
Riverside, or Los Angeles shall have an option to procure identical equipment and services as set
forth in this Proposal. The City of Chula Vista shall incur no fmancial responsibility m connection
with orders issued by another public agency. The participating public agency shall accept sole
responsibility for placing orders or making payments to [he vendor. Selection of either option will
have no effect on the award of this convact. See Attaclunent D
This option shall not be considered m the bid evaluation.
This RFP does not commit the City to award a contract, to pay any costs incurred in the
preparation of submittals to this request, or to procure or contract for services or supplies.
The City reserves the right to accept or reject any or all submittals received as a result of this
request, to negotiate with any qualified source, or to cancel in part or entirely the RFP. The
City reserves the right to reject any or all proposals at the City's sole discretion at any time
prior to an award.
II SCOPE OF WORK
The City of Chula Vista (City), the 2°d largest municipality in San Diego County, has been a
regional and national leader in climate protection policies and programs focused on reducing
greenhouse gas emissions from municipal operations and the broader community. A
cornerstone of the City's climate protection efforts has been energy efficiency retrofit
projects at existing municipal facilities as well as the design and construction of new City
buildings, which exceed California energy efficiency standards (Title-24) by at least 20%.
To complement these efficiency accomplishments, the City proposes to continue to install
adaptive controlled LED street lighting throughout the City on all collector streets, main
arteries, and intersections.
This Request for Proposal (RFP) is specific to the turnkey development of specifications,
design, engineering, purchase, delivery of materials, installation,-and commissioning of
adaptive LED powered street lighting in the City of Chula Vista.
All DBT members shall be licensed/registered with the State of California and shall
demonstrate 3 years experience with LED lighting retrofits. All 1tFP responses should
include DBT resumes, references, and examples of previous installations. This RFP
describes all the elements of the project, the required scope of services, the design build
consultant selection process, and the minimum information that must be included in the
proposal. Failure to submit information in accordance with the RFP's requirements and
procedures may be a cause for disqualification. Companies submitting proposals utilizing
local suppliers, labor, and businesses may receive additional consideration during the review
process.
Proposal Selection Process
Award will be based on adherence to the proposal requirements outlined herein, the best-
qualified proposal for the specification research and design phase fees, general conditions,
fixture cost, installation cost, traffic control plan, GIS layering, project fee, warranty length,
proposed schedule & duration, direct savings, and length of payback period. The length of
payback period will be a primary factor, but not the sole consideration for award. A
contract(s) will be awarded in accordance with the Chula Vista Municipal Code and the
Design/Build Ordinance as outlined in Section 2.57 of the Chula Vista Municipal Code.
A review panel will be established to evaluate and compare timely submitted proposals. In
order for the review panel to fairly and adequately review, compare and evaluate proposals, a
threshold requirement for qualification is that each proposal be responsive to this RFP and
strictly adhere to the form and content requirements outlined herein, particulazly the
submittal requirements in Section VI. Proposals that do not include the required information
may be disqualified at the discretion of the City.
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A point system will then be used by the review panel to establish the best choice of the
proposals, the overall project price being weighted only 60% of the total evaluation. The
proposed approach to accomplish the following items will be weighted at 1-10 pts each:
consultant's approach to new Design Standards for LED lighting, description of traffic
control and appropriate vendors, overview of GIS Layering, and use of local labor and
suppliers.
The City of Chula Vista emphasizes the use of local retailers, suppliers, manufacturers,
and employment in its energy upgrade projects. As such, contractors are asked to outline
how they will incorporate these local economic development components into their
proposal. This project requires "Buy American" compliance as outlined in the American
Recovery & Reinvestment Act and Davis Bacon Act compliance, ATTACHMENT B
Proposal Guidelines
• The DBT should include and state in their proposed scope all permits and
approvals from governing agencies; all labor, taxes, and incentives from
local utilities and programs; services and equipment to produce fully
functional and operational LED street lighting systems.
• The City will enter into a Design Build Agreement approved by City
Council action for design services only, so that creation of the new
standazd specifications and verification of fixture counts will be
completed within 60 working days. Once the Design Phase is completed
and theGMP has been established for the overall project, staffwill return
to Council for approval. All fixtures aze to be installed within one
hundred eighty (180) days after issuance oftheNotice to Proceed (NTP)
to the construction phase as outlined in the Design Build Agreement.
System Commissioning
The DBT shall be responsible for commissioning the systems once installed to ensure
maximum performance. Commissioning will include testing each light for proper function,
the passing of final inspections to comply with permit and/or code requirements, meeting
applicable incentive program performance requirements, submitting appropriate data to
9-48
SDG&E for the rate change and creating a GIS layer for LED streetlight luminaries using
current technology and assistance from City staff.
The manufacturer shall warrantee the performance of the installed lighting system package
for at least ten (10) years and the contractor shall warrantee the installation for two (2) years.
The project contingency shall cover the purchase of the additional warrantee if required.
A. Project Control (All Phases)
The DBT shall develop and implement the following Project Management Plan and
Procedures:
1. Monthly project status reports (including schedule and budget updates)
2. Coordination interface with the City and its other consultants/contractors
concerning right of way issues
3. Progress meetings
4. Interface and communicate with other agencies, as directed by the City
5. Vendors and subcontractors management
6. Document control, submittal of all required Federal wage, "Buy American"
paperwork and utility rebate verification .
7. Schedule and budget control
8. Quality assurance and quality control
B. Design Phase Services
Utilizing the City's current standard specifications, facility program requirements, Federal,
State, and local laws, City performance and design criteria, approved planning documents
provided by the local Street 1Lighting Working Groups and any reports that may be identified
in the Design/Build contract for a typical project, if required, the DBT will:
Prepare, submit, and receive City approval for any site-specific
planning/environmental documents including disposal of removed fixtures
and cartons.
2. Prepare design development and construction drawings and specifications
suitable for obtaining City approval and issuance of permits to allow for
construction.
3. Complete the City Standard specification for all elements of the projects,
including but not limited to: photometric data, location specific design, and
any specialty consulting area including safety lights at intersections and
pazkway corridor lighting.
Incorporate the requirements of pennitting agencies as may become apparent
in the course of design. The DBT shall apply for and secure all permits and
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provide all necessary reports, studies, and support required to obtain all
required permits. In addition, the DBT shall research Air Pollution Control
District and noise abatement requirements, along with any hazazdous
materials management requirements of NFPA, Cal-OSHA, and the City Fire
Department. The DBT shall submit and obtain approval of all Traffic
Control plans to the City of Chula Vista Engineering Department before work
commences. If required, the DBT shall incorporate appropriate lighting
facilities in the design.
5. Conduct site surveys investigations to the extent necessary for the final
fixture count.
6. Prepaze cost estimates throughout all phases of project development.
Perform a value engineering review to reduce cost and/or add value, utilizing
all team members and City resources. Include recommendations tomaximize
energy efficiency and build a "green" or low-pollution project. Prepare a
Value Engineering Report of all considerations, recommendations, and
decisions. The goal is to maximize the quality of construction at a cost equal
to or below the Project Budget.
8. Perform Quality Control (QC) Review of the Drawings and Specifications
throughout all phases in order to correct errors and omissions and reduce the
quantity of Change Orders during the course of construction. Include a
detailed review of drawings and designs relative to Code Compliance Laws.
Organize and publish detailed QC Reports based on all findings.
9. Create a Critical Path Method (CPM) Construction Schedule, monitor and
update to keep the project on schedule, establish a bidding strategy for
procurement of the fixtures and verify quantities. Identify the best qualified "
State of the Art" fixture per the new City Standard Specifications, contract,
and procure long lead items.
10. Provide construction cost control estimates during the design to support value
engineering and construct ability reviews.
1 L Identify all permit requirements and prepaze applications and support
documents necessary for obtaining all rebates and incentives. Pernlit fees are
not a part of the cost of construction of the project.
12. The DBT shall be required to provide a cost estimate that will be used to
establish a Guaranteed Maximum Price (GMP). Any savings at the end of
the project will be deducted from the GMP (not including the remaining
contingency) and sixty (60%) will be returned the City.
5
9-50
13. During the bidding of the Project, the DBT shall perform if appropriate:
a. Create appropriate subdivisions ofwork into Bid Packages that reflect
the major items ofwork. A detailed scope ofwork will be included
with all bid packages.
b. Secure a minimum of three complete and competitive bids for each
package.
c. Receive and resolve all RFI's and bid questions.
d. Schedule meetings with the City to open and review bids for each
subdivision ofwork. Review bids in detail. Clarify Scopes of Work,
exclusions, etc. Ensure bids match DBT Scope of Work.
e. Provide cost spreadsheets which compare actual bids to cost
estimates.
15. Prepare draft Operations Manual Index to serve as the basis for preparing the
final operations Manual during the construction phase.
C. Construction Phase Services
The DBT shall construct the facility in accordance with the approved construction drawings,
specifications and associated permits. The DBT shall also:
Conduct weekly team meetings with the City and appropriate design team
members during the course of construction to review the status of the project.
Ensure the workmanship and materials provided are in accordance with the
Project Specifications and the Architects meet or exceed quality construction
industry standards for this type ofwork.
Provide list of required shop drawing submittals. Review shop-drawing
submittals for technical and code compliance. Provide copy to the City for
review and comment.
4. Provide resident engineering, contract administration, and inspection staff,
including specialists necessary for the functional, safe, on budget and on-
schedule completion of the Project, starting with the issuance of a Notice to
Proceed from the City and extending through issuance of Notice of
Completion and Acceptance. City staffwill also perform inspection to verify
compliance with the plans and specifications, permits and contract
documents.
5. Ensure construction compliance with applicable local, state, and federal
codes, building and environmental permit requirements, and construction
mitigation documents and enforcement of the Contract Documents.
6
9-51
6. Purchase and install all necessary equipment and witness all factory and field
component, equipment, and system testing as required by the project Contract
Documents.
7. Submit the proposed QA/QC Plan to the City for review. The Plan shall not
be implemented without written approval of the City.
8. Provide surveying, and other contracted services as required completing
projects construction. Coordinate City contracted testing and inspection
services during the course of construction.
9. Develop, implement, and manage a construction phase Quality
Assurance/Quality Control (QA/QC). The Plan shall include but not be
limited to; 1) a statement and definition of QA/QC goals; 2) an identification
of QA/QC criteria and elements; 3) development of the project QA/QC
implementation plan; 4) development ofthe QA/QC materials, components,
equipment, and system testing plans; and, 5) enforcement of the plans and
specifications.
10. Be responsible for preparing the Critical Path Method (CPM) schedule
utilized during the project construction and startup activities. Use Microsoft
Project scheduling software consistent with the City reporting system.
1 I . Develop aproject-specific Plan for defining, tracking and reporting cash flow
activity requirements, and submit such plan to the City for review and
approval prior to implementation.
12. Develop a prof ect-specific Change Order Administration Plan for review and
approval by the City. Upon written approval of the Plan, the DBT shall
initiate implementation. The Plan shall define the required Change Order
procedures, including requirements for requesting, developing, approving,
and filing.
13. Implement and maintain an internal records management and document
control system as required to support project operations. The DBT shall
provide records management and document control information in a manner
consistent with the citywide Prolog Management reporting/filing system.
14. The DBT shall develop an on-site Project Safety Plan for review and
approval by the City. The DBT shall administer and enforce the City
approved on-site Project Safety Plan for the Project. The DBT shall monitor
and enforce construction responsibility for safety and health issues relating to
all workers at the Project Site. This shall include workers in direct
employment to the Contractor and workers involved in a subcontracting,
equipment supply, or any other project-related oral or written arrangement
with the DBT.
15. Report accidents, claims, and other on-going safety related issues to the City
in a manner consistent with Citywide reporting systems.
9 ~5 2
D. Operations and Startup Phase Services
1. The DBT shall prepare, submit for City review and written approval a Project
Startup and Testing Plan for the Project. The DBT shall fully implement the
plan.
2. The DBT shall conduct Operator Training Sessions for personnel.
3. The DBT shall supervise, manage, and coordinate all project startup, and
testing activities for all systems.
4. Provide operation and maintenance manuals for equipment purchased and
installed by DBT.
5. The DBT shall report progress of project startup and testing to the City in a
manner consistent with the City's reporting system.
6. The DBT shall coordinate and expedite record drawings and new fixture
specification standards.
7. The DBT shall prepare final accounting and close out reports.
8. The DBT shall prepaze GIS/plan location of installed fixtures.
9. Post Construction: DBT shall coordinate an 11-month walk through of the
Project to review guarantee/warranty items. DBT shall coordinate all
corrective work with the responsible parties and the City. The DBT shall
report to the City all guarantee/warranty disputes. The DBT shall proceed to
resolve such disputes after having submitted to the City for review and
approval the DBTs approach for obtaining resolution of the dispute.
III DESIGN BUILDER SELECTION PROCESS
Contracts will be awarded in accordance with the Chula Vista Municipal code and the
Design/Build ordinance as outlined in Section .2.57 of the Chula Vista Municipal Code.
Proposals will be evaluated for compliance with the required sections and information
outlined herein. Proposals that do not include the information outlined in this RFP in a
clearly identifiable manner may be disqualified at the sole discretion of the City and these
proposals will not be responsive to the RFP.
Candidates whose proposals include the required information will then compete first on the
basis of experience with traffic conditions, lighting design specifications, past performance,
fixture cost, installation resources, construction, and management skills.
8
9-53
IV REQUEST FOR PROPOSALS SCHEDULE
The following schedule applies to the solicitation, receipt, and evaluation of the Proposals,
Statement of Qualifications (SOQ), and the selection of the DB. This RFP schedule is
subject to modification in the City's sole discretion:
Advertise and Issue RFP March 9, 1012
Proposals & SOQ Due March 29, 2012
City conducts Interviews with Qualified Candidates Apri12012
City Council Certifies DB May 2012
V PUBLIC DISCLOSURE
Under the California Public Records Act Under the California Public Records Act
(California Government Code Section 6250 et seq.) records in the custody of a public entity
generally have to be disclosed unless the information being sought falls into one or more of
the exemptions to disclosure set out in Government Code Sections 6254 through 6255. The
cover letter of the submittal should contain a paragraph that states whether or not DBT
believes that its submittal does or does not contain information that falls into one of the
exemptions of Government Code Sections 6254 through 6255 and whether or not DBT
considers such information to be confidential.
In the absence of a declaration, City may be obligated to disclose proposal to any party that
requests it. Regardless of assertions of confidentiality, proposal contents may still be
disclosed if City, or a court with jurisdiction, determines that such proposal is a public record
requiring disclosure.
VI SUBMITTAL FORMAT AND REQUIRED INFORMATION
The submittal deadline is October 11, 2011, no later than 2:00 P.M. (PST) at
the City of Chula Vista, Public Services Building 200 -Engineering
Department, 276 Fourth Avenue Chula Vista, CA 91910.
Five (5) single-spaced copies, no more than 20 pages in length excluding
exhibits and appendices, are required for submittal. Submittals should be as
brief as possible, while adequately describing how the DBT will approach the
design build work program. Statement of Qualifications (SOQ) shall include
the following clearly defined sections and corresponding information:
• A letter of interest
• Understanding the project development process
9
9-54
• Summary of Qualifications
• Organizational Chart for project Team
• Design Build fee structure (Schedule of Values see
Attachment E), including a table or list of Line item quantities
and costs for every product to be used including but not
limited to the following:
Design (new lighting standards)
^ LED Fixtures (for each type)
Installation
Material Handling and Storage
Traffic Control (allowance)
^ General Conditions
Insurance & Bonds
• Administrative Fixed Fee (profit)
• Contingency (City controlled) -
• Schedule of Rates and Schedule of Fees, with line items
where applicable
• Insurance Certification
Submittals that do not include the above bulleted sections and requested
information in a clearly marked or tabbed manner aze not responsive to the RFP and may
be disqualified at the City's discretion. In particular, submittals that fail to provide
line item costs, fees and rate schedules prohibit the City from comparing and
evaluating the merits of the submittal and may be disqualified at the City's sole
discretion.
3. The submittal should focus on previous experience developing public
projects as well as knowledge of issues germane to large scale lighting
projects, a demonstrated ability to implement creative solutions to complex
planning issues and a demonstrated ability to complete complex tasks within
the parameters of afast-paced performance schedule and within the terms of
the contract.
4. The submittal shall also provide the name, title, address, and telephone
number of individual(s) with authority to negotiate for the candidate and also
who may be contacted during the period of submittal evaluation.
5. Statement of the DBT's ability, if selected, to enter into a City contract with
the City of Chula V ista, and ability to avoid conflicts of interest on this or any
other public or private projects.
6. Other Information
10
9-55
a. Description of insurance coverage for prime respondent and co-
venture partner(s) (types of coverage and policy limits, deductible,
exclusions, and outstanding claims).
b. Description of in-house resources for prime respondent and co-
venturepartner(s) (i.e., computer capabilities, software applications,
model protocol, and modeling programs, etc.)
c. Awarded Respondent swill provide, on a strictly confident basis, the
following information:
1) List of projects completed in the last 5 years
2) List ofprojects currently under development, or construction
with status, development schedule; and financial commitment
3) List of projects currently involved in litigation or unresolved
claims for the contract
4) Tax Documents for the last 2 years.
Incomplete submittals, incorrect information, or late submittals may be cause
for immediate disqualifications.
VII CONTRACT TERMS AND CONDITIONS
City retains the right to reject any or all submittals. All respondents should note that the
execution of any contract pursuant to this RFP is dependent upon the approval of the Chula
Vista City Council at its sole discretion.
Selection is also dependent upon the negotiation of a mutually acceptable contract with the
successful respondent. The contract shall be prepared on a form acceptable to the City. The
form of compensation shall be negotiated. The City reserves the right to propose a variety of
compensation structures, including: 1) time and materials not to exceed, 2) guaranteed lump
sum, and 3) percentage of project costs.
City reserves the right on a project specific basis to request insurance including but not
limited to increased limits of Liability coverage, CA admitted carriers A.M. Best rated no
less than A V, Additional Insured Endorsement which does not exclude Completed
Operations, Excess Liability, Pollution Liability, E&O /Professional Liability Extended
11
9-56
Reporting Period excess of 2 yeazs, Completed Operations Coverage of up to ten years,
Contractor Controlled or "Wrap Up" Insurance Program, Bonds.
Each submittal shall be valid for not less than one hundred and twenty (120) days from the
date of receipt. The firm(s) selected to perform the work described in this RFP will be
required to provide minimum evidence of insurance as follows:
Commercial General Liability insurance, ISO CG 0001 Occurrence form,
with limits of not less than $2,000,000 per occurrence per project. Policy to
include endorsement naming City of Chula Vista, its officers, officials,
employees and volunteers as Additional Insured against all liability of the
DB, its subcontractors, and its authorized representatives, arising out of, or in
connection with, the performance of work under the contract with the City.
Policy is to be endorsed to state it is Primary to any other insurance available
to the City of Chula Vista and that insurer will provide TI-ARTY (30) days
written notice to the City Clerk of the City of Chula Vista of cancellation or
material change.
2. Commercial Automobile Liability Insurance, ISO CA 0001 form, Any Auto
code, with a combined single limit of not less than $2,000,000,_covering
bodily injury and property damage for owned, non-owned and hired
automobiles, and name the City, its officers, officials, employees and
volunteers as additionalinsured's.
3. Workers' Compensation and Employer's Liability insurance, for all
employees who aze normally engaged in Work at the Project Site, with
Statutory Limits for Workers' Compensation and not less than Employer's
Liability limit for Bodily injury by Accident $2,000,000, each accident Bodily
Injury by Disease $1,000,000, Bodily Injury by Disease $1,000,000. A
Waiver of Subrogation shall be endorsed to the policy naming the City of
Chula Vista.
4. Professional Liability insurance shall be required of said firm for professional
liability or errors and omissions insurance with a per claim limit of not less
than $2,000,000 for services performed by the Design contractors and any
subcontractors performing design services. The policy shall contain an
extended reporting period of not less than 2 years. As required.
5. Builder's Risk Property Insurance will be provided by the City. The limit is
to reflect full replacement cost of hard cost construction values. Perils are to
be all risk excluding Earthquake and Flood. Perils are to include any
transportation risk but are to exclude any equipment, machinery, tools, or
property of similar nature, owned, rented or used by DB or contractors.
6. Other Provisions. Prior to beginning Work under the Agreement, each and
~z
9-57
every contractor of any tier shall furnish Certificates of Insurance satisfactory
to the City. All such certificates will contain at least the following
provisions:
a. Thirty (30) days written notice to the City prior to any cancellation,
non-renewal or materials reduction in coverage.
b. The words "will endeavor" and "but failure to mail such notice shall
impose no such obligation or liability of any kind upon the company,
its agents or representatives" will be deleted from the certificate.
c. Throughout the life of the Agreement, each and every contractor of
any tier shall pay for and maintain in full force and effect, with an
insurer authorized by the California Insurance Commissioner to do
business in the State of California, the policies evidenced herein.
The City reserves the right to modify the insurance requirements or to substitute project
insurance during contract negotiations.
Bonds may be required for individual projects as required by City Policy.
End of Request for Proposals
9 X58
ATTACHMENT A
SPECIFICATIONS
STREETLIGHT RETROFIT PROJECT:
The city will convert approximately 2,054 street light luminaires from high-pressure
sodium (HPS) to LED.
SCOPE:
• Develop a new Standard Specification for the City of Chula Vista to replace the
current 150W & 250W HPS standard.
• New City Standard Specification shall be location specific (size of the intersection)
and have the option to be capable of using adaptive control technology where
appropriate.
• Select the wattage type and verify the quantities of luminaires to be retrofit.
• Develop a purchase specification for LED luminaries and conduct the bidding
process.
• Recommend the fixture that best meets new standard specification.
• DBT shall review fixtures submitted and provide calculations for: rebate, tariff,
payback amounts and incentive qualifications.
• Submit a traffic control plan and obtain Engineering Department approval for
installations on major arteries, streets and intersections. Contractor may not assume
that it will be acceptable to self-perform the traffic control until the installer's
qualifications have been verified and approved by Engineering Staff.
• Contractor will apply for and receive SDG&E incentives/rebates directly and apply a
deduct to the GMP.
• Procure LED luminaries, handling and storage are the contractor's responsibility.
• Obtain, complete, and submit City of Chula Vista Recycling forms and update weekly
the status of the old fixture units and paper cartons using the "Green Halo 'on-line
database.
• Remove and replace 150 & 250-watt HPS luminaires with new LED Standard
Specification luminaires.
• Add the new LED fixtures to the existing GIS layer for streetlight luminaires.
14
9-59
SPECIFICATION:
CITY OF CHULA VISTA ARTERIAL STREET LIGHTING RETROFITS
MINIMUM PERFORMANCE REQUIREMENTS FOR SOLID STATE LIGHTING (LED)
All luminaires shall be designed as a minimum equivalent to either a 150 watt HPS or
a 250 watt HPS luminaire. All luminaires shall have a written warranty for full
replacement for ten (10) years from date of installation. All luminaires shall be
SDG&E pre-qualified.
General Luminaire Requirements
Each luminaire shall:
o Consist of a single assembly utilizing LEDs as its sole light source.
o Be rated for a minimum life of fifty thousand (50,000) hours.
o Be a single, self-contained device with integral power supply unit.
o Be delivered completely assembled requiring no on-site assembly.
o Be constructed completely of metal, (except gaskets, lenses, etc.) powder
coated gray in color and warranted rust proof for ten (10) yeazs.
o Be constructed so that all internal and external parts can be serviced
without removing assembly from its mounting.
o Have access doors and panels that are hinged and accessible without tools.
o Not weigh more than thirty-five (35) pounds and be able to be installed by
one person.
o Mount on horizontal tenon with adaptability between 1 5/8" to 2 3/8" with
vertical tilt adjustment.
o Be designed to operate in ambient temperature range from 0° F to 150° F.
o Have thermal management that is passive and integral to the unit; no
liquids, pumps or fans are permitted.
o Be designed to withstand vibration and wind loads of up to 100 MPH.
15
9-60
o Have ingress protection rating of IP-64 on entire housing.
o Be free from lead and mercury, and be recyclable.
o Have manufacturer's name, model number, serial number, and
replacement part numbers clearly and permanently marked inside each
unit.
2. Electrical Requirements
Each luminaire shall:
o Operate over a voltage range 95 VAC to 305 VAC.
o Be designed so that lines of voltage fluctuations have no visible or
measurable effect on luminous output.
o Operate at maximum amperage at LED not to exceed 700mA.
o Have a power supply with a Power Factor of .90.
o Have maximum power consumption for complete unit not exceeding
145W for a 250W HPS.
o Have maximum power consumption for complete unit not exceeding 115
W fora 150W HPS.
o Have integral surge suppression protection to withstand line voltage
spikes, lighting strikes, or other interference.
o Be designed to enable field wiring to connect via a barrier type terminal
block with clearly identifiable terminals; able to accept conductors up to
#8 AWG.
o Be completely modular with each component including LED arrays, power
supply, circuit board, lens and terminal block being independently
replaceable.
o Have individual components mounted with stainless steel captive screws.
o Meet FCC 47 CFR Part 15/18 noise requirements.
o Be designed so that failure of any single LED shall not result in loss of
functions of remaining LEDs, or failure of any LED array shall not result
in loss of functions of remaining LED arrays.
16
9-61
Roadway Application Requirements
3. Each luminaire shall:
o For equivalent replacement of 250 watt HPS, LED luminaire shall deliver a
minimum of 8800 lumens (initial).
o For equivalent replacement of 150 watt HPS, LED luminaire shall deliver a
minimum of 5950 lumens (initial).
o Have efficacy exceeding 701m/W.
o Have a Correlated Color Temperature (CCT) 4000K f 300.
o Have minimum Color Rendering Index (CRI) of 65.
o Have optional house side cut off.
o Have light distribution of Type III medium, full cut off.
o Have a maximum BUG rating of B2 U2 G2 (For post top lights)
o Have shatterproof lenses, which are UV stabilized (lens discoloration shall
be considered a failure under warranty).
o Maintain lumen output of? 70%. Failure to maintain lumen output within
wan~anty period shall be considered failure.
o Include an exterior wattage label that reflects watts for the selected drive
current.
4. Warranty
Written warranty must be provided by manufacturer for full replacement of
the luminaire due to any failure for a period often (10) years.
o Luminaires shall, at the sole discretion of the City, be repaired or replaced
if the luminaire fails to function as described in the above specifications
for a period of one hundred twenty (120) months from date of installation.
17
9-62
Manufacturer shall provide written documentation of its ability to satisfy a
catastrophic warranty claim. Luminaire failure rate of twenty-five (25)
percent shall be considered catastrophic. Any failure to function as
specified shall be considered luminaire failure.
5. Line Item Costs Required
o Line items costs must be included for every luminaire and other item of
equipment identified in the submittal or that will be necessar}~for
completion of the~roiect, including but not limited to:
o Design (new lighting standards)
o LED Fixtures (for each type)
o Installation
o Material Handling and Storage
o Traffic Control (,allowance)
o General Conditions
o Insurance & Bonds
o Administrative Fixed Fee (profit)
o Contingency (City controlled)
o Line items for fees and rates other than indicated above must be included
where applicable.
PUBLIC CONVENIENCE AND SAFETY (TRAFFIC CONTROL)
Public convenience and safety shall be according to Section 7-10 of the Standard
Specifications for Public Works Construction and Regional Supplement
Amendments. The Contractor shall submit traffic control plans for work to be done
two weeks before starting of work, for the City Engineer's approval. The
Contractor shall comply with the traffic control plans. Traffic control shall
conform to the Manual on Uniform Traffic Control Devices, or MUTCD. The
Contractor shall notify each affected resident in person seventy-two (72) hours
before starting the project and closing of driveways (if any).
It is the responsibility of the Contractor performing work on a City street to install
and maintain the traffic control devices and such additional traffic control devices
as may be required to insure safe movement of traffic motorists, bicyclists and
pedestrian through and around the work area and provide maximum protection and
safety to construction workers.
When an existing pedestrian access route is blocked by construction, alteration,
maintenance or other temporary conditions, the traffic control plan shall include an
alternate pedestrian access route complying to the maximum extent possible with
is
9-63
the applicable requirements of the American with Disabilities Act (ADA) and the
latest adopted edition of Manual Uniform of Traffic Control Devises (MUTCD)
and Califomia Supplements to the MUTCD.
The City reserves the right to observe the traffic control plans in use and to make
changes as field conditions warrant. Any changes will supersede the plans and will
be done solely at the Contractor's expense. The Contractor is responsible for
maintaining all traffic control devices and conforming to the State of Califomia and
City of Chula Vista standazds and specifications. The Contractor shall replace all
roadway striping removed by the construction work
The Contractor shall be fully responsible for the adequacy of any traffic plan used.
He or she shall notify the City at least two (2) working days before starting any
construction detour. All installation work requiring traffic control will be done
during normal working hours and will adhere to the work-time periods established
for major streets and intersections.
The full compensation for this work shall be considered included in the contract
as a line item allowance for the "Public Convenience and Safety (Traffic
Control)" and no additional compensation will be allowed therefore and any
remaining funds will be returned to the City.
List of approved traffic control vendors is attached. The contractor may
petition to handle traffic control "in house" if they can prove to the satisfaction
of City Engineering staff that the proper training, experience, equipment,
appropriate means and methods to accomplish the task safely. The City of
Chula Vista reserves the right to deny the request without cause.
9'64
A List of Local Traffic Control Contractors
~ Jesse Sharpe
- TRAFFIC CONTROL
S9fE7y~.Sl/~y~R~
I EVB'tY JOBJOB t3~ Ty[rH OC1R SFRVtCB
619-299-5100 FAx:619-542-0763
J"
3442 SUTHERLAND ST., SAN DIEGO, CA 92110
Mobile
(858)397-3695
PLANS
Dave Bermudes
3a11 E<o<n« Av<.
San Diego, CA 92117
Satatimis Iar selety.. .
abova and helawgrouad
Cecilia's
Safety Service
CTraff~czCar4o1~'$
~ .vmcv cv Miguel Uresti
General Manager
525 Stevens Avenue West Office (8581793-4465
BoWna Beach, CA 92075 Fax (863) 7934495
www.ceciliassa(etyservice.com Cell (6191971-4495
® a
TRAFFIC CONTROL ING- -.
LUIS LOREDO FERNANDO LOREDO...
TMF'FlC COMROL TECH TRAFFlC CONntOLTECH
Gory Evans
Gary
Lell Pbona: 619-520-92]6
777 Gabla Way .. EI fajon CA 92920
619-941-3330 ;- Boa-32L6299
Fu: 619-441-3652
BARRICADES'
SIGNS
619-447-333C
Fox: h19-447-3652
Toll free: 800-321-5265
~Il phone: 619-520-9278
777 Ga61e Way
EI Cajon, CA 92020
-------Complete Traffic Conlrol5ervice- ----~
9 z~5
ATTACHMENT B
QECB DBA WAGE DETERMINATION
2t
9-66
Page 1 of 22
General Decision Number: CA100001 09/16/2011 CAl
Superseded General Decision Number: CA20080001
ae: California
Construction Types: Building, Heavy (Heavy and Dredging),
P.i ghway and Residential
County: San Diego County in California.
BOILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not
include hopper dredge work); HEAVY CONSTRUCTION FROJECTS (does
not include water well drilling); HIGHWAY CONSTRUCTION
PROJECTS; RESIDENTIAL CONSTRUCTION PROJECTS (consisting of
single family homes and apartments up to and including 9
stories)
Modification Number Publication Date
0 03/12/2010
1 03/19/2010
2 09/02/2010
3 09/16/2010
9 07/02/2010
5 07/09/2010
6 08/13/2010
7 08/27/2010
B 09/03/2010
9 09/10/2010
10 09/29/2010
11 10/08/2010
12 11/05/2010
13 12/03/2010
14 01/14/2011
15 02/18/2011
16 03/18/2011
17 04/08/2011
18 04/15/2011
19 04/29/2011
20 05/06/20ll
21 06/03/2011
22 06/10/2011
23 07/22/2011
29 08/05/2011
25 08/19/2011
26 09/16/2011
F.SBE0005-002 06/28/2010
Rates
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 32.79
Fire Stop Technician
'application of Firestopping
aterials for wall openings
and penetrations in walls,
Floors, ceilings and curtain
walls) ...........................$ 29.21
Fringes
16.31
13.76
http://www.wdol.gov/wdol/scafiles/davisbaconlCA l .dvb 9- 6 ~ 09/20/2011
Page 2 of 22
ASBE0005-009 06/28/2010
Rates Fringes
~bestos Removal
~rker/hazardous material
handler (Includes
preparation, wetting,
stripping, remcval,
scrapping, vacuuming, bagging
and disposing or all
insulation materials from
mechanical systems, whether
they contain asbestos or not)....$ 18.70 8.65
BOIL0092-003 05/01/2011
Rates Fringes
BOILERMAKER ......................$ 91.26 25.27
_________________________________________________________
BRCA0009-008 05/01/2011
Rates Fringes
BRICKLAYER; MARBLE SETTER........$ 33.15 13.55
* BRCA0018-004 06/01/2011
Rates Fringes
MARBLE FINISHER .............. ....$ 27.09 9.77
ILE FINISHER ................ ....$ 22.37 B.30
iLE LAYER ................... ....$ 33.55 12.66
BRCA0018-010 09/01/2009
Rates Fringes
TERRAZZO FINISHER ............ ....$ 26.59 9.62
TERRAZZO WORKER/SETTER....... ....$ 33.63 10.46
CARP0909-002 07/01/2008
Rates Fringes
Diver
(1) Wet ................. ....$ 663. 68 9.82
(2) Standby ............. ....$ 331. 84 9.82
(3) Tender .............. ....$ 323. 84 9.82
(4) Assistant Tender.... ....$ 299. 84 9.82
Amounts in "Rates' column are per day
CARP0909-008 OB/01/2010
Rates Fringes
Modular Furniture Installer......$ 17.00 7.41
CARP0597-001 07/01/2009
Rates Fringes
CARPENTER
(1) Bridge .................$ 37.28 10.58
http://www.wdol. gov/wdol/scafiles/davisbacon/CA 1.dubs - 6 8
09/20/2011
Page 3 of 22
(2) Commercial Building... .S 32 .30 10. 58
(3) Heavy & Highway....... .$ 37 .15 10. 58
(9) Residential Carpenter. .$ 25 .84 10. 58
(5) Residential
Insulation Installer....... .$ 18 .00 8. 16
.~LLWRIGHT ...................... .$ 37 .65 10. 58
PILEDRIVERMAN ................... .$ 37 .28 10. 58
CARP0597-002 07/01/2009
Bates Fringes
Drywall
(1) Work on wood framed
construction of single
Family residences,
apartments or condominiums
under four stories
Drywall Installer/Lather.. .$ 21 .00 8. 58
Drywall Stocker/Scrapper.. .$ 11 .00 6. 67
(2) All other work
Drywall Installer/Lather.. .$ 27 .35 9. 58
Drywall Stocker/SCrapper.. .$ 11 .00 6. 67
ELEC0569-001 12/02/2010
Rates Fringes
Electricians (Tunnel Work)
Cable Splicer .............. .$ 41.98 3~+11. 69
Electrician ................ .$ 41.23 3°s+11. 69
Electricians: (All Other
~r k, Including 9 Stories
_.esidential)
Cable Splicer .............. .$ 37.90 3o+11. 69
Electrician ................ .$ 36.65 3%+11. 69
ELEC0569-005 06/01/2011
Rates Fringes
Sound & Communications
Sound Technician........... .$ 27.07 3%+10. 68
Soundman ................... .$ 21.14 $8. 74
SOUND TECHNICIAN: Terminating, operating and performing
final check-out
SOUNDMAN: Wire-pulling, splicing, assembling and installing
devices
SCOFE OF WORK Assembly, installation, operation, service and
maintenance of components or systems as used in closed
circuit television, amplified master television
distribution, CATV on private property, intercommunication,
burglar alarm, fire alarm, life support and all security
alarms, private and public telephone and related telephone
interconnect, public address, paging, audio, language,
electronic, background music system less than line voltage
or any system acceptable for class two wiring For private,
commercial, or industrial use furnished by leased wire,
frequency modulation or other recording devices, electrical
apparatus by means of which electricity is applied to the
amplification, transmission, transference, recording or
reproduction of voice, music, sound, impulses and video.
Excluded from this Scope of Work - transmission, service
hnp:/hvww.wdol.gov/wdol/scafiles/davisbacon/CA l .dubs- 6 9 09/20/2011
Page 4 of 22
and maintenance of background music. All of *_he above
shall include the installation and transmission over fiber
optics.
.ECG569-CC6 10/01/2010
Work on street lighting; traffic signals; and underground
systems and/or established easements outside of buildings
Rates Fringes
Traffic signal, street light
and underground work
Utility Technician #1.......$ 27.00 7.53
Otility Technician #2.......$ 22.15 7.38
STREET LIGHT & TRAFFIC SIGNAL WORK:
UTILITY TECHNICIAN #1: Installation of street lights and
traffic signals, including electrical circuitry,
programmable controller, pedestal-mounted electrical meter
enclosures and laying of pre-assembled cable in ducts. The
layout of electrical systems and communication installation
including proper position of trench depths, and radius at
duct banks, location for s,anholes, street lights and
traffic signals.
UTILITY TECHNICIAN #2: Distribution of material at jobsite,
installation of underground ducts for electrical,
telephone, cable TV land communication systems. The
setting, leveling, grounding and racking of precast
manholes, handholes and transformer pads.
------------------------------------------------------------
ELEC0569-008 06/01/2011
Rates Fringes
ELECTRICIAN (Residential, 1-3
Stories) .........................$ 22.37 3%+2.90
ELEC1295-001 06/Ol/2C10
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer. .$ 46.14 13. 91
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment).......... .$ 36.85 12. 36
(3) Groundman .............. .$ 28.19 12. 10
(4) Powderman .............. .$ 41.20 12. 53
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day
and day after Thanksgiving, Christmas Day
ELEV0018-001 01/01/2011
Rates Fringes
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Page 5 of 22
ELEVATOR N,ECHAN?C ................$ 96.58 21.785
FOOTNOTE:
PAID VACATION: Emplcyer contributes 8% of regular hourly
rate as vacation pay credit for employees with more than 5
years of service, and 6% for 6 months to 5 years of service.
PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day,
Labor Day, Veterans Day, Thanksgiving Day, Friday after
Thanksgiving, and Christmas Day.
* ENGI0012-003 07/01/2011
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1 ..... ............. ..$ 36.13 20. 77
GROUP 2 ..... ............. ..5 36.91 20. 77
GROUP 3 ..... ............. ..$ 37.20 20. 77
GROUP 4 ..... ............. ..$ 38.69 20. 77
GROUP 5 ..... ............. ..$ 40.49 20. 77
GROUP 6 ..... ............. ..$ 38.91 20. 77
GROUP B ..... ............. ..5 39.02 20. 77
GROUP 9 ..... ............. ..$ 90.62 20. 77
GROUP 10 ..... ............. ..$ 39.14 20. 77
GROUP 11 ..... ............. ..$ 90.94 20. 77
GROUP 12 ..... ............. ..$ 39.31 20. 77
GROUP 13 ..... ............. ..$ 39.91 20. 77
GROUP 19 ..... ............. ..$ 39.99 20. 77
GROUP 15 ..... ............. ..5 39.52 20. 77
GROUP 16 ..... ............. ..$ 39.69 20. 77
GROUP 17 ..... ............. ..$ 39.81 20. 77
GROUP 18 ..... ............. ..5 39.91 20. 77
GROUP 19 ..... ............. ..5 90.02 20. 77
GROUP 20 ..... ............. ..$ 40.19 20. 77
GROUP 21 ..... ............. ..$ 40.31 20. 77
GROUP 22 ..... ............. ..$ 40.41 20. 77
GROUP 23 ..... ............. ..$ 40.52 20. 77
GROUP 24 ..... ............. ..$ 40.64 20. 77
GROUP 25 ..... ............. ..$ 40.81 20. 77
OPERATOR: Power Equipment
(Cranes, P iledriving &
Hoisting)
GROUP 1 ..... ............. ..$ 37.98 20. 77
GROUP 2 ..... ............. ..$ 38.26 20. 77
GROUP 3 ..... ............. ..$ 38.55 20. 77
GROUP 9 ..... ............. ..5 38.69 20. 77
GROUP 5 ..... ............. ..5 38.91 20. 77
GROUP 6 ..... ............. ..$ 39.02 20. 77
GROUP 7 .... .............. ..$ 39.14 20. 77
GROUP 8 .... .............. ..5 39.31 20. 77
GROUP 9 .... .............. ..$ 39.98 20. 77
GROUP 10 .... .............. ..$ 40.98 20. 77
GROUP 11 .... .............. ..$ 41.98 20. 77
GROUP 12 .... .............. ..$ 42.98 20 .77
GROUP 13 .... .............. ..$ 93.96 20 .77
OPERATOR: Power Equipment
(Tunnel Wo rk)
GROUP L ... .............. ..$ 37.98 20 .77
GROUP 2 .... .............. ..$ 38.76 20 .77
GROUP 3 .... .............. ..$ 39.05 20 .77
GROUP 9 .... .............. ..$ 39.19 20 .77
GROUP 5 .... .............. ..$ 39.41 20 .77
GROUP 6 .... .............. ..$ 39.52 20 .77
GROUP 7 .... .............. ..$ 39.64 20 .77
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Page 6 of 22
PREMIUM PAY:
S3.i5 per hour shall be paid oa all Power Equipment Operator
work on the followng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point P.r gueli o, Seely Naval Base,
'o rt Irwin, Nebo Annex Marine Base, Marine Corp Logistics
Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendletcn
Workers recuired to suit up and work in a hazardous material
environment: $2.00 per hour addi*.ional. Combination mixer
and ccmpressor operatcr on gunite work shall be classified
as a concrete mobile mixer operator.
SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: 9argeman; Brakeman; Compressor operatcr; Ditch
Witch, with seat or similar type equipment; Elevator
operator-inside; Engineer Oiler; Forklift operator
(includes loe d, lull cr similar types under 5 tons;
Generator operator; Generator, pump or compressor plant
operator; Pump operator; Signalman; Switchman
GROOP 2: Asphalt-rubber plant operator (nurse tank operator);
Concrete mixer operator-skip type; Conveyor operator;
Fireman; Forklift cperator (includes Toed, lull or similar
types over 5 tons; Hydrostatic pump operator; oiler crusher
(asphalt or concrete plant); Petromat laydown machine; PJU
side dum jack; Screening and conveyor machine operator (or
similar types); Skiploader (wheel type up to 3/4 yd.
without attachment); Tar pot fireman; Temporary heating
plant operator; Trenching machine ciler
GROUP 3: Asphalt-rubber blend operator; Bobcat or similar
type (Skid steer); Equipment greaser (rack); Ford Ferguson
(with dragtype attachments); Helicopter radioman (ground);
Stationary pipe wrapping and cleaning machine cperator
GROUP 9: Asphalt plant fireman; Backhoe operator (mini-max or
similar type); Boring machine operator; Boxman or mixerman
(asphalt or concrete); Chip spreading machine operator;
Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable); Drilling machine
operator, small auger types (Texoma super economatic or
similar types - Hughes 100 or 200 cr similar types -
drilling depth of 30' maximum); Equipment greaser (grease
truck); Guard rail post driver operator; Highline cableway
signalman; Horizontal Directional Drilling Machine;
Hydra-hammer-aero stomper; Micro Tunneling (above ground
tunnel); Power concrete curing machine operator; Power
concrete saw operator; Power-driven jumbo form setter
operator; Power sweeper operator; Rock Wheel Saw/Trencher;
Roller operator (compacting); Screed operator (asphalt or
concrete); Trenching machine operatcr (up to 6 ft.); Vacuum
or much truck
GRCUP 5: Equipment Greaser (Grease Truck/MUlti Shift).
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete
joint machine operator (canal and similar type); Concrete
planer operator; Dardy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweid 100 bucket or similar types
- Watson 1000 auger or similar types - Texoma 330, 500 or
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600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder
machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or
~~imilar type; Machine tool operator; Maginnis ir.t ernal full
s'_ab vibrator, Mechanical berm, curb or gutter(concrete or
asphalt); Mechanical finisher operator (concrete,
Clary-Johnson-Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted);
Road oil mixing machine operator; Roller operator (asphalt
or finish), rubber-tired earth moving equipment (single
engine, up to and including 25 yds. struck); Self-prope nod
tar pipelining machine operator; Skiploader operatcr
(crawler and wheel type, over 3/9 yd. and up to and
including 1-1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator-bulldozer, tamper-scraper (single engine,
up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types); Tugger hoist operator (1
drum); Ultra high pressure waterjet cutting tool system
operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or
Finishing); Asphalt paving machine operator (Barber Greene
or similar. type); Asphalt-rubber distribution operator;
Backhoe operator (up to and including 3/9 yd.), small ford,
Case or similar; Cast-in-place pipe laying machine
operator; Combination mixer and compressor operator (gunite
work); Compactor operator (self-propelled); Concrete mixer
operator (paving); Crushing plant operator; Drill Doctor;
Drilling machine operator, Bucket or auger types (Calweld
150 bucket or similar types - Watson 1500, 2000 2500 auger
or similar types - Texoma 700, 800 auger or similar types -
drilling depth of 60' maximum); Elevating grader operator;
Grade checker; Gradall operator; Grouting machine operator;
Heavy-duty repairman; Heavy equipment robotics operator;
Kalamazoo balliste regulator or similar type; Kolman belt
loader and similar type; Le Tourneau blob compactor or
similar type; Loader operator (Athey, Euclid, Sierra and
similar types); Mobark Chipper or similar; Ozzie padder or
similar types; P.C. slot saw; Pneumatic concrete placing
machine operator (Hackley-Presswell or similar type);
Pumpcrete gun operator; Rock Drill or similar types; Rotary
drill operator (excluding caissor. type); Rubber-tired
earth-moving equipment operator (single engine,
caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. up to and including 50 cu.
yds. struck); Rubber-tired earth-moving equipment operator
(multiple engine up to and including 25 yds. struck);
Rubber-tired scraper operator (self-loading paddle wheel
type-John Deere, 1090 and similar single unit); Self-
propelled curb and gutter machine operator; Shuttle buggy;
Skiploader operator (crawler and wheel type over 1-1/2 yds.
up to and including 6-1/2 yds.); Soil remediation plant
operator; Surface heaters and planer operatcr; Tractor
compressor drill combination operator; Tractor operator
(any type larger than D-5 - 100 flywheel h.p. and over, or
similar-bulldozer, tamper, scraper and push tractor single
engine); Tractor operator (boom attachments), Traveling
pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenchi r.g Machine with Road Miner
attachment (over 6 ft depth capacity): Oltra high pressure
waterjet cutting tool system mechanic; Water pull
(compaction) operator
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Page 8 of 22
GROUP 9: Heavy Duty Repairman
GROUP 10: Drilling machine operator, Bucket or auger types
(Calweld 200 B bucket or similar types-Watson 3000 or 5000
uger or similar types-Texoma 900 auger or similar
types-drilling depth of 105' maximum); Dual drum mixer,
dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
patrol-blade operator (single engine); Multiple engine
tractor operator (Euclid and similar type-except Quad 9
cat.); Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Pneumatic pipe ramming tocl
and similar types; Prestressed wrapping machine operator;
Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving
equipment operator (multiple engine, Euclid, caterpillar
and similar over 25 yds. and up to 50 yds. struck), Tower
crane repairman; Tractor loader operator (crawler and wheel
type over 6-1/2 yds.); Woods mixer operator (and similar
Pu gmill equipment)
GROUP 11: Heavy Duty Repairman - Welder Combination, Welder -
Certified.
GROUP 12: Auto grader operator; Automatic slip form operator;
Drilling machine operator, bucket or auger types (Calweld,
auger 200 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar
types - drilling depth of 175' maximum); Hoe ram or similar
with compressor; Mass excavator operator less tha 750 cu.
yards; Mechanical finishing machi r.e operator; Mobile form
traveler operator; Motor patrol operator (multi-engine);
Pipe mobile machine operator; Rubber-tired earth- moving
equipment operator (multiple engine, Euclid, Caterpillar
and similar type, over 50 cu. yds. struck); Rubber-tired
self- loading scraper operator (paddle-wheel-auger type
self-loading - two (2) or more units)
GROUP 13: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single engine,
up to and including 25 yds. struck)
GROUP 19: Canal liner operator; Canal trimmer operator;
Remote- control earth-moving equipment operator (operating
a second piece of equipment: $1.00 per hour additional);
Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. and up to and including 50
yds. struck); Rubber-tired earth-moving equipment operator,
cperating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)
GROUP 16: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine,
over 50 yds. struck); Rubber-tired earth-moving equipment
operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25
yds. and up to 50 yds. struck)
GROUP 17: Rubber-tired earth-moving equipment operator,
cperating equipment with push-pull system (multiple engine,
Euclid, Caterpillar and similar, over 50 cu. yds. struck);
Tandem tractor operator (operating crawler type tractors in
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Page 9 of 22
tandem - Quad 9 and similar type)
GROUP 18: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps aad similar
ypes in any combination, excludi r,g compaction units -
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types);
Rubber-tired earth-moving equipment operator, operating in
tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds.and up to aad including 5C
cu. yds. struck); Rubber-tired earth-moving equipment
operator, operating in tandem (scrapers, belly dumps and
similar types in any combination, excluding compaction
units - multiple engine, up to and including 25 yds. struck)
GROUP 20: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly damps and similar
types in any combination, excluding compaction units -
single engine, ever 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compacticn units - multiple engine,
Euclid, Caterpillar and similar, over 25 yds. and up to 50
yds. struck)
GROUP 21: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over
50 cu. yds. struck)
GROUP 22: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and
up to and including 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating with the tandem
push-pull system (multiple engine, up to and including 25
yds. struck)
GROUP 24: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds.
struck)
GROUP 25: Concrete pump operator-truck mounted; Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck)
2ANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICP.T IONS
GROUP l: Engineer oiler; Fork lift operator (includes loe d,
lull or similar types)
GROUP 2: Truck crane oiler
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Page 10 of 22
GROUP 3: A-frame or winch truck operator; Ross carrier
operator (j obsite)
ROUP 4: Bridge-type unloader and turntable operatcr;
Helicopter hoist operatcr
GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western
or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist
operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (Vagtborg and similar
types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar
type); Shovel, backhoe, dragline, clamshell operator (over
3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator
GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline,
clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton --
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to
and including 25 ton capacity); Shovel, backhoe, dragline,
clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including
50 tons mrc); Derrick barg e~operator (over 25 tons up to
and including 50 tons mrc); Highline cableway operator;
Hoist operator, stiff legs, Guy derrick or similar type
(over 25 tons up to and including 50 tons mrc); K-crane
operator; Polar crane operator; Self erecting tower crane
operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50
tons up to and including 100 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 50 tons up to
and including 100 tons mrc), Mobile tower crane operator
(over 50 tons, up to and including 100 tons M.R.C.); Tower
crane operator and tower gantry
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100
tons up to and including 200 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 100 tons up
to and including 200 tons mrc); Mobile tower crane operator
(over 100 tons up to and including 200 tons mrc)
GROUP 12: Crane operator (over 200 tons up to and including
300 tons mrc); Derrick barge operator (over 200 tons up to
and including 300 tons mrc); Hoist operator, stiff legs,
Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over
200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge
operator (over 300 tons); Helicopter pilot; Hoist operator,
stiff legs, Guy derrick or similar type (over 300 tons);
Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
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GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
aROOP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (crease truck);
Slip form pump operator (power-driven hydraulic lifting
device for concrete forms); Tugger hoist operator (1 drum);
Tunnel locomotive operator (over 10 and up to ar,d including
30 tons)
GROUP 5: Backh oe operator (up to and including 3/9 yd.);
Small Ford, Case or similar; Drill doctor; Grouting machine
operator; Heading shield operator; Heavy-duty repairperson;
Loader operator (Athey, Euclid, Sierra and similar types);
Mucking machine operator (1/9 yd., rubber-tired, rail or
track type); Pneumatic concrete placing machine operator
(Hackley-Presswell or similar type); Pneumatic heading
shield (tunnel); Pumpcrete gun operator; Tractor compressor
drill combination operator; Tugger hoist operator (2 drum);
Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator
ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL County and the
rtions of KERN, RIVERSIDE & SAN BERNARDINO Counties as
:fined below:
That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection
of I-15 and the California State line at that point which is
the NW corner of Section 1, T17N,m R19 E, San Bernardino
Meridian. Continue W in a straight line to that point which is
the SW corner of the northwest quarter of Section 6, T27S,
R42 E, Mt. Diablo Meridian. Continue North to the intersection
with the Ingo County Boundary at that point which is the NE
corner of the western half of the northern quarter o£ Section
6, T25S, R92E, MDM. Continue W along the Inyo and San
Bernardino County boundary until the intersection with Kern
County, as that point which is the SE corner of Section 39,
T245, R90E, MDM. Continue W along the Inyo and Kern County
boundary until the intersection with Tulare County, at that
point which is the SW corner of the SE quarter of Section 32,
T29S, R37E, MDM. Continue W along the Kern and Tulare County
boundary, until that point which is the NW corner o£ T25S,
R32E, MDM. Ccntinue S following R32E lines to the NW corner of
T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E,
MDM. Continue S to the SW corner of T32 S, R31E, MDM. Continue
W to SW corner of SE quarter of Section 34, T32 S, R30E, MDM.
Continue S to SW corner of T11N, R17 W, SBM. Continue E along
south boundary of T11N, SBM to SW corner of T11N, R7 W, SBM.
Ccntinue S to SW corner of T9N, R7 W, SBM. Continue E along
south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.
mtinue S along west boundary of R1E, SMB to Riverside County
_ne at the SW corner of T1S, R1E, SBM. Continue E along south
boundary of Tls, SBM (Riverside County Line) to SW corner of
T1S, RlOE, SBM. Continue S along west boundary of R10E, SBM to
imperial County line at the SW corner of TBS, RlOE, SBM.
Continue W along Imperial and Riverside county line to NW
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Page 12 of 22
corner of T95, R9E, SBM. Continue S along the boundary between
Imperial and San Diego Counties, along the west edge of R9E,
SBM to the south boundary of :mperial County/California state
~;ne. Eollow the California state line west to Arizona state
~e, then north to Nevada state line, then continuing NW back
_., start at the pcint which is the NW corner o£ Section 1,
T17N, R19E, SBM
$1.00 additional per hour for portions of SAN LUIS GBISPO,
KERN, SANTA BARBARA & VENTURA as defined below:
:hat area within the .following Boundary: Begin approximately 5
miles north of the com.-nunity of Chclame, on the Monterey County
and San Luis Obispo County boundary at the NW corner of T25S,
R16E, Mt. Diablo Meridian. Continue south along the west side
cf R16E to the SW corner of T30S, R16E, MDM. Continue E to SW
corner of T305, R17E, MDM. Continue S to SW corner of T31S,
R17E, MDM. Continue E to SW corner of T31S, R18E, MDM.
Ccntinue S along West side of RTBE, MDM as it cresses into San
Bernardino Meridian numbering area and becomes R30W. Follow
the west side of R30W, SBM to the SW corner o£ T9N, R3GW, SBM.
Continue E along the south edge of T9N, SBM to the Santa
Barbara County and Ventura County boundary at that point whch
is the SW corner cf Section 39.T9N, R24W, SBM, continue S along
the Ventura County line to that point which is the SW corner of
the SE quarter of Section 32, T7N, R24W, SBM. Continue E
along the south edge of T7N, SBM to the SE corner to T7N, R21W,
SBM. Continue N along East side. cf R21W, SBM to Ventura County
and Kern County boundary at the NE corner of T8N, R21W.
Continue W along the Ventura County and Kern County boundary to
the SE corner of T9N, R21W. Continue North along the East edge
of R21W, SBM to the NE corner of T12 N, R21W, SBM. Continue
st along the north edge of T12N, SBM to the SE corner o£
.S2S, R21E, MDM. [T12N SBM is a think strip between T11N SBM
and T32S MDM]. Continue North along the East side of R21E, MDM
to the Kings County and Kern County border at the NE corner of
T25S, R21E, MDM, continue West along the Kings County and Kern
County Boundary until the intersection of San Luis Obispo
County. Continue west along the Kings County and San Luis
Obispo County boundary until the intersection with Monterey
County. Continue West along the Monterey County and San Luis
Obispo County boundary to the beginning point at the NW corner
of T25S, R16E, MDM.
$2.00 additional per hour for INYO and NONO Counties and the
Northern portion of SAN BERNARDINO County as defined below:
That area within the fcllowing Boundary: Begin at the
intersection of the northern boundary o£ Moro County and the
Califcrnia state line at the point which is the center of
Section 17, TlON, R22E, Mt. Diablo Meridian. Continue S then
SE along the entire western boundary of Mono County, until it
reaches Inyo County at the point which is the NE corner o£ the
Western hal£ of the NW quarter of Section 2, T85, R29E, MDM.
Continue SSE along the entire western boundary of Inyo County,
until the intersection with Kern County at the point which is
the SW corner of the SE A9 of Section 32, T24S, R37E, MDM.
Continue E along the Inyo and Kern County boundary until the
intersection with San Bernardino County at that point which is
`e SE corner of section 39, T24S, R40E, MDM. Continue E along
ne Inyo and San Bernardino County boundary until the point
which is the NE ccrner of the Western half of the Nod quarter of
Section 6, T25S, R42E, MDM. Continue S to that point which is
the SW corner cf the NW quarter of Section 6, T27S, R92E, MDM.
Continue E in a straight line to the California and Nevada
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Page 13 of 22
state border at the point which is the NW comer of Section 1,
T17N, R19E, San Bernardino Meridian. Then continue NW along
the state line to the starting point, which is the center of
section 18, T10N, R22E, MDM.
..:MAINING AREA NOT DEFINED ABOVE RELIEVES BASE RATE
________________________
ENGI0012-004 08/01/2009
GPERATOR: Power Equipment
(DREDGING)
Rates °ringes
(1) Leverman .............. ..$ 99. 83 17. 22
(2) Dredge dozer.......... ..$ 90. 36 17. 22
(3) Dec k,'nate .............. ..$ 40. 25 17 .22
(9) Winch operator (stern
winch on dredge).......... ..$ 39. 70 17 .22
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand ................. ..$ 39. 16 17 .22
(6) Barge Mate ............ ..$ 39. 77 17 .22
IRON0002-004 07/01/2010
Rates Fringes
Ironworkers:
Fence Erector ...............$ 26.56 15.26
Ornamental, Reinforcing
and Structural ..............$ 33.00 23.73
tiEMIUM PAY:
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval
Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training
Center-Goldstone, San Clemente Island, San Nicholas Island,
Susanville Federal Frison, 29 Palms - Marine Corps, U.S. Marine
Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB
$4.00 additional per hour at the Following locations:
Army Defense Language Institute - Monterey, Fallon Air Base,
Naval Post Graduate School - Monterey, Yermo Marine Corps
Logistics Center
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock
LAB00089-001 07/01/2011
LABORER (BUILDING and all
Cher Residential
onst ruction)
Group 1 .....................$
Group 2 .....................$
Group 3 .....................$
Group 4 .....................$
Rates Fringes
26.50 14. 92
26.96 14. 92
27.37 14. 92
28.21 14. 92
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Group 5 .....................$ 32.33 14.92
LP.DORER (RESIDENTIAL
CONSTRDCTION - See de£iaition
below)
(1) Laborer .................$ 23.98 14.13
(2) Cleanup, Landscaping,
Fencing (chain link or
wood) .......................$ 22.19 14.13
RESIDENTIAL DEFINITION: Wood or metal frame construction cf
single family residences, apartments and condominums -
excluding (a) projects that exceed three stories over a
garage level, (b) any utility work such as telephone, gas,
water, sewer and other utilities and (c) any fine grading
work, utility work cr paving work in the future street and
public right-of-way; but including all rough grading work
at the job site behind the existing right of way
LABORER CLASSIFICP.TIONS
GROUP l: Cleaning and handling of panel forms; Concrete
Screeding for Rought Strike-off; Concrete, water curing;
Demolition laborer; Flagman; Gas, oil and/or water pipeline
laborer; General Laborer; General clean-up laborer;
Landscape laborer; Jetting laborer; Temporary water and
air lines laborer; Material hoseman (walls, slabs, floors
and decks); Plugging, filling of Shee-bolt holes; Dry
packing of concrete; Railroad maintenance, Repair Trackman
and road beds, Streetcar and railroad construction trac
laborers; Slip form raisers; Slurry seal crews (mixer
operator, applicator operator, squeegee man, Shuttle man,
top man), filling of cracks by any method on any surface;
Tarman and mortar man; Tool crib or tool house laborer;
Window cleaner; Wire Mesh puling-all concrete pouring
operations
GROUP 2: Asphalt Shoveler; Cement Dumper (on 1 yard or larger
mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute man, pouring concrete, the
handling of the cute from ready mix trucks, such as walls,
slabs, decks, floors, foundations, footings, curbs, gutters
and sidewalks; Concrete curer-impervious membrane and form
oiler; Cutting torch operator (demoliton); Guinea chaser;
Headboard man-asphlt; Laborer,
packing rod steel and pans; membrane vapor barrier installer;
Power broom sweepers (small); Riiprap, stonepave r, placing
stone or wet sacked concrete; Roto scraper and tiller; Tank
sealer and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh Chipper and similar type brush
shredders; Underground laborers, including caisson bellower
GROUP 3: Buggymobile; Concrete cutting torch; Concrete
cutting torch; Concrete pile cutter; Driller, jackhammer, 2
1/2 feet drill steel or longer; Dri Pak-it machine; High
sealer (including drilling of same); Hydro seeder and
similar type; Impact wrench, mult-plate; Kettlemen, potmen
and mean applying asphalt, lay-kold, creosote, line caustic
and similar type materials (applying means applying,
dipping, brushing or handling of such materials for pipe
wrapping and waterproofing); Operators of pr,e umatic, gas,
electric tools, vibratring machines, pavement breakers, air
blasting, come-along, and similar mechanical tools not
separately classified herein; Pipelayers back up man
coating, grouting, making of joints, sealing, caulking,
diapering and incl cluing rubber gasket joints, pointing and
any and all other services; Rotary Scarifier or multiple
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head concrete chipping scaarifier; Steel header board man
and guideline setter; Tampers, Earko, Wacker and similar
type; Trenching machine, handaropelled
3ROUP 4: Asphalt raker, luterman, ironer, apphalt dumpman and
asphalt spreader boxes (all types); Concrete core cutter
(walls, floors or ceilings), Grinder or sander; Concrete
saw man; cutting walls or flat work, scoring old or new
concrete; Cribber, shorer, lagging, sheeting and trench
bracing, hand-guided lagging hammer; Laser beam in
connection with laborer's work; Oversize concrete vibrator
cperatcr 70 pounds and over; Pipelayer performing all
services in the laying, installation and all forms of
connection of pipe from the point of receiving pipe in the
ditch until completion of oepration, including any and all
forms of tubular material, whether pipe, metallic or
non-metallic, conduit, and any other stationary type of
tubular device used for the conveying of any substance or
element, whether water, sewage, solid, gas, air or other
product whatsoever and without regard to the nature of
material from which the tubular material is fabricated; No
joint pipe and stripping of same; Prefabricated manhole
installer; Sandblaster (nozzleman), Porta shot-blast, water
blasting
GROUP 5: Blasters Powderman-All work of loading holes,
placing and blasting of all pwder and explosives of
whatever type, regardless of method used for such loading
and placing; Driller-all power drills, excluding
jackhammer, whether core, diamond, wagon, track, multiple
unit, and any and all other types of mechanical drills
without regard to the form of motive power.
..ABO0089-002 07/01/2010
Rates Fringes
LABORER (MASON TENDER)...........$ 27.11 14.38
LABO0089-009 07/01/2011
HEAVY ANJ HIGHWAY CONSTRUCTION
Rates Fringes
Laborers:
GROUP 1 ........... ..........$ 26. 50 19. 92
GROUP 2 ........... ..........$ 26. 96 19. 92
GROUP 3 ........... ..........$ 27. 37 19. 92
GROUP 4 ........... ..........$ 28. 21 19. 92
GROUP 5 ........... ..........$ 32. 33 19. 92
LABORER CLASSIFICATIONS
GROUP l: Laborer: General or Construction Laborer, Landscape
Laborer. Asphalt Rubber Material Loader. Boring Machine
Tender (outside), Carpenter Laborer (cleaning, handling,
of Ling & blowing of panel forms and lumber), Concrete
Laborer, Concrete Screeding fcr rough strike-off, Concrete
water curing. Concrete Curb & Gutter laborer, Certified
Confined Space Laborer, Demolition laborer & Cleaning of
Brick and lumber,Expansion Joint Caulking; Environmental
Remediation, Monitoring Well, Toxic waste and Geotechnical
Drill tender, Fine Grader, Eire Watcher, Limbers, Brush
Loader, Pilers and Debris Handlers. flagman. Gas Oil and
Water Pipeline Laborer, Material Hoseman (slabs, walls,
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floors, decks); Plugging, filling of shoe bolt holes; Dry
packing of concrete and patching; Post Hoffer Digger
;manual); Railroad maintenance, repair trackman, road beds;
Rigging & signaling; Scaler, Slip-Form Raisers, Filling
.racks on any surface, tool Crib or Tool House Laborer,
Praffic control (signs, barriers, barricades, delineator,
cones etc.), Window Cleaner
GROUP 2: Asphalt abatement; Buggymobile; Cement dumper (on 1
yd. or larger mixers and handling bulk cement); Concrete
curer, impervious membrane and form oiler; Chute man,
pouring concrete; Concrete cutting tcrch; Concrete pile
cutter; driller/Jackhammer, with drill steel 2 1/'2 feet or
longer; Dry pak-it machine; Fence erector; Pipeline
wrapper, gas, oil, water, pot tender & form man; Grout man;
Installation of all asphalt overlay fabric and materials
used for reinforcing asphalt; Irrigation laborer;
Kettlemzn-POtman hot mop, includes applying asphalt,
lay-klold, creosote, lime caustic and similar tyhpes of
materials (dipping, brushing, handling) and waterproofing;
Membrane vapor barrier installer; Pipelayer backup man
(coating, grouting, making of joints, sealing caulkiing,
diapering including rubber basket joints, pointing);
Rotary scarifier, multiple head concrete chipper; Rock
Slinger; Roto scraper & tiller; Sandblaster pot tender;
Septic tank digger/installer; Tamper/wacker operator; Tank
scaler & cleaner; Tar man & mortar man; Tree
climber/faller, chainb saw operator, Pittsburgh chipper &
similar type brush shredders.
GROUP 3: Asphalt, installation of all frabrics; Buggy Mobile
Man, Bushing hammer; Compactor (all types), Concrete Curer
- Impervious membrane, Form Oiler, Concrete Cutting Torch,
Concrete Pile Cutter, Driller/Jackhammer with drill steel 2
1/2 ft or longer, Dry Pak-it machine, Fence erectcr
including manual post hole digging, Gas oil or water
Pipeline Wrapper - 6 ft pipe and over, Guradrail erector,
Hydro seeder, Impact Wrench man (multi plate),
kettleman-Potman Hot Mop includes applying Asphalt,
Lay-Kol d, Creosote, lime caustic and similar types of
materials (dipping, brushing or handling) and
waterproofing. Laser Beam in connection with Laborer work.
High Scaler, Operators of Pneumatic Gas or Electric Tools,
Vibrating Machines, Pavement Breakers, Air Blasting,
Ccme-Alongs and similar mechanical tools, Remote-Controlled
Robotic Tools in connection with Laborers work. Pipelayer
Backup Man (Coating, grouting,m makeing of joints, sealing,
caulking, diapering including rubber gasket joints,
pointing and other services). Power Post Hole Digger,
Rotary Scarifier (multiple head concrete chipper
scarifier), Rock Slinger, Shot Blast equipment (8 to 48
inches), Steel Headerboard Man and Guideline Setter,
Tamper/blacker operator and similar types, Trenching Machine
hand propelled.
GROUP 4: Any worker exposed to raw sewage. Asphalt Raker,
Luteman, Asphalt Dumpman, Asphalt Spreader Boxes, Concrete
Core Cutter, Concrete Saw Man, Cribber, Shore r, Head Rock
Slinger. Installation of subsurface instrumentation,
monitoring wells or points, remediation system installer;
Laborer, asphalt-rubber distributor bootman; Oversize
concrete vibrator operators, 70 pounds or over. Pipelayer,
Prf efabricated Manhcle Installer, Sandblast Nozzleman
(Water Balsting-Porta Shot Blast), Traffic Lane Closure.
GROOP 5: Blasters Powderman-All work of loading holes,
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placing and blasting of all powder and explosives of
whatever type, regardless of method used for such loading
and placing; Horizontal directional driller, Boring system,
Electronic traking, Driller: all power drills excluding
'ackhammer, whether core, diamond, wagon, track, multiple
unit, and all other types of mechanical drills without
regard to form of motive power. Environmental remediation,
Monitoring well, Toxic waste and Geotechnical driller,
Toxic waste removal. Welding ir. connection with Laborer's
work.
LAB00300-008 08/05/2009
Rates cringes
LABORER
PLASTER CLEAN-UP LABORER....$ 26.65 15.95
PLASTER TENDER ..............$ 29.20 15.95
Work at Military Bases - $3.00 additional per hour:
Coronado Naval Amphibious Base, Fort Irwin, Marine Corps Air
Station-29 Palms, Imperial Beach Naval Air Station, Marine
Corps Logistics Supply Base, Marine Corps Pickle Meadows,
Mountain Warfare Training Center, Naval Air
Facility-Seeley, North Island Naval Air Station, Vandenberg
AFB.
LAB00882-002 01/01/2010
Rates Fringes
Asbestos Removal Laborer.........$ 26.15 11.65
SCOPE OF WORK: Includes site mobilization, initial site
cleanup, site preparation, removal of asbestos-containing
material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste
by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of
decontamination stations.
LAB01189-001 07/01/2011
Rates
Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 28.01
(2) Vehicle Operator/Hauler.$ 28.18
(3) Horizontal Directional
Drill Operator ..............$ 30.03
(9) Electronic Tracking
Locator .....................$ 32.03
Laborers: (STRIPING/SLURRY
S EP.L )
GROUP 1 .....................$ 28.50
GROUP 2 .....................$ 29.80
GROUP 3 ......................$ 31.81
GROUP 9 .....................$ 33.55
°:BORERS - STRIPING CLASSIFICATIONS
Fringes
11.98
11.98
11.98
11.98
14.56
19.56
14.56
19.56
CROUP 1: Protective coating, pavement sealing, including
repair and filling o£ cracks by any method on any surface
in parking lots, game courts and playgrounds; carstops;
operation of all related machinery and equipment; equipment
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Page 18 of 22
repair technician
GROUP 2: Traffic surface abrasive blaster; pot tender -
removal of all traffic lines and markings by any method
san dblastin g, waterblasting, gran ding, etc.) and
preparation of surface for coatings. Traffic control
person: controlling and directing traffic throuch both
conver.tior.al and moving lane closures; operation of all
related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and
application of pavement markers, delineating signs, rumble
and traffic bars, adhesives, guide markers, other traffic
delineating devices including traffic control. This
category includes all traffic related surface preparation
(sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system
installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and
equipment; power broom sweeper
GROUP 4: Striper: layout and application of traffic stripes
and markings; hot thermo plastic; tape traffic stripes and
markings, including traffic control; operation of all
related machinery and equipment
* PAIN0036-001 07/01/2011
Rates Fringes
inters: (Including Lead
~atement)
(1) Repaint (excludes San
Diego County) ...............$ 26.05 10.35
(2) A11 Other Work..........$ 29.32 10.35
REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate
commercial establishments as part of hotel service, and
sports facilities.
----------------------------------------------------------
PAIN0036-010 01/05/2011
Rates Fringes
DRYWALL FINISHER/TAPER
(1) Building & Heavy
Constructicn ................$ 33.22 12.99
(2) Residential
Construction (Wood frame
apartments, single family
homes and multi-duplexes
up to and including four
stories) ....................$ 18.00 7.87
PAIN0036-012 10/01/2010
Rates Fringes
GLAZIER ..........................$ 38.75 15.55
FAIN0036-019 02/01/2009
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Page 19 of 22
Rates Fringes
SOFT FLOOR LAYER .................$ 26.77 11.75
~AS0200-005 08/01/2011
Rates Fringes
PLP.STERER ........................$ 35.29 12.05
NORTH ZSLAND NAVAL AIR STATION, COLORADO NAVAL AMPHIBIOUS
BASE, IMPERIP.L BEACH NAVAL AIR STATION: $3.00 additional
per hour.
PLASO500-001 06/26/2010
Rates
CEMENT MASON/CONCRETE FINISHER
CROUP 1 .....................$ 22.29
GROUP 2 .....................$ 23.94
GROUP 3 .....................$ 26.57
9.90
9.90
10.35
CEMENT MP.SONS - work inside the buildingline, meeting the
following criteria:
GROUP 1: Residential wood frame project o£ any size; work
classified as Type III, IV or Type V construction;
interior tenant improvement work regardless the size of the
project; any wood Frame project of four stories or less.
GROUP 2: Work classified as type I and II construction
GROUP 3: All other work
----------------------------------------------------------
* PLUM0016-006 07/01/2011
Rates Fringes
PLUMBER, PIPEFITTER,
STEAMFITTER
(1) Work on strip malls,
light commercial, tenant
improvement and remodel
work ....................... .$ 30.79
(2) Work on new additions
and remodeling of
commercial buildings,
bars, restaurants, and
stores not to exceed 5,000
sq. ft. o£ Floor space..... .$ 38.30
(3) All other work......... .$ 39.50
(4) Camp Pendleton......... .$ 99.00
FLUM0016-011 07/01/2011
16.70
18.37
19.35
19.35
Rates Fringes
PLUMBER/PIPEFITTER
Residential .................$ 31.92 15.27
PLUM0345-001 07/01/2011
Rates Fringes
PLUMBER
Fringes
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Landscape/Irrigation Fitter.S 27.35 16.34
Sewer & Storm Crain Work....$ 26.82 18.18
ROOF0095-001 OS/Oi/2009
Rates Fringes
ROCFER ...........................$ 23.63 6.5G
SFCA0669-OCl 04/01/2011
Rates Fringes
SPRINKLER FITTER .................$ 33.35 17.75
SHEE0206-001 07/01/2010
Rates Fringes
SHEET METAL WORKER
Camp Pendleton ........... ...$ 36.55 16. 05
Except Camp Pendleton.... ...$ 34.55 16. 05
Sheet Metal Technician... ...$ 23.99 4 .71
SHEET METALTECHNICIAN - SCOPE:
a. Existing residential buildings, both single and
multi-£amil y, where each unit is heated and/or cooled by a
separate system b. New single family residential buildings
including tracts. c. New multi-family residential buildings,
not exceeding five stories of living space in height, provided
each unit is heated or cooled by a separate system. Hotels and
motels are excluded. d. LIGHT COMMERCIAL WORK: Any sheet
a al, heating and air conditioning work performed on a project
.,n ere the total construction cost, excludi r.g land, is under
$1,000,000 e. TENANT IMPROVEMENT WORK: Any work necessary to
finish interior saaces to conform to the occupants of
commercial buildings, after completion of the building shell
TEP.M0036-001 07/01/2011
Rates Fringes
Truck drivers:
GROUP 1 ........ .............$ 19. 90 19. 50
GROUP 2 ........ .............$ 29. 99 19. 50
GROUP 3 ........ .............$ 29. b9 19. 50
GROUP 4 ........ .............$ 29. 89 19. 50
GROUP 5 ........ .............$ 25. C9 19. 50
GROUP 6 ........ .............$ 25. 59 19. 50
GROUP 7 ........ .............$ 27. 09 19. 50
FOOTNOTE: HAZMAT PAY: Work on a hazmat job, where hazmat
certification is required, shall be paid, in addition to
the classification working in, as follows: Levels A, B and
C - +$1.00 per hour. Workers shall be paid hazmat pay in
increments of four (4) and eight (8) hours.
TRUCK DRIVER CLASSIFICATIONS
GROUP 1: Fuel Man, Swamper
GROUP 2: 2-axle Dump Truck, 2-axle Flat Bed, Concrete Pumping
Truck, Industrial Lift Truck, Motorized Traffic Control,
Pickup Truck on Jobsite
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GROUP 3: 2-axle Water Truck, 3-axle Dump Truck, 3-axle Flat
Bed, Erosicn Control Nozzleman, Dump Crete Truck under 6.5
vd, Forklift 15,000 lbs and over, Prell Truck, Pipeline
irk Truck Driver, Road Oil Spreader, Cement Distributor or
Murry Driver, Bootman, Ross Carrier
GROUP 9: Off-road Dump Truck under 35 tons 9-axles but less
than 7-axles, Low-Bed Truck & Trailer, Transit Mix Trucks
under B yd, 3-axle Water Truck, Erosion Control Driver,
Grout Mixer Truck, Dump Crete 6.Syd and over, Dumpster
Trucks, DW 10, DW 20 and over, Fuel Truck and Dynamite,
Truck Greaser, Truck Mounted Mobile Sweeper 2-axle Winch
Truck
GROUP 5: Off-road Dump Truck 35 tons and over, 7-axles or
more, Transit Mix Trucks 8 yd and over, A-Frame Truck,
Swedish Cranes
GROUP 6: Off-Road Special Equipment (including but not
limited to Water Pull Tankers, Athey Wagons, DJB, B70
Wuclids or like Equipment)
GROUP 7: Repairman
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed £or work not included within
*Se scope of the classifications listed may be added after
.rd only as provided in the labor standards contract clauses
,_SCFR 5.5 (a) (1) (ii)).
In the listing above, the "SU" designation means that rates
listed under the identifier do r.ot reflect collectively
bargained wage and fringe benefit rates. Other designaticns
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
evis-Bacon survey program. If the response from this ir.i tial
ontact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
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Page 22 of 22
Branch of Construction Wage Determinations. Write to:
Branch o£ Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the ac*_ion) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
All decisions by the Administrative Review Board are final.
END Or GENERAL DECISION
http://www.wdol.gov/wdol/scafiles/davisbacon/CA l .dvb 9_ g $ 09/20/2011
ATTACHMENT C
SAMPLE DESIGN BUILD AGREEMENT
22
9-89
DESIGN BUILD AGREEMENT FOR
[INSERT PROJECT NAME) PROJECT
This Agreement shall be for [he desist[ and construction of (INSERT N'AA9E OF PROJECT) and the payment
of permitted costs therefore ("Agreement"). This Agreement is made and entered into this , by and
behveen THE CITY OF CHULA VISTA, a municipal corporation ("City"), and [INSERT NA~4L- OP D Tt], a
[ENTER Tl'PE OF CORPORATE- ENTITY AND PLACE OP rNCORPOR,4T10N] (`Design Builder or D/B").
City and D/B, when referenced herein, maybe referred to individually as "Party" and collectively as "Parties." This
A, Bement is entered into with reference to the following facts:
RECITALS
L [INSERT].
3. [INSERT].
i. [INSERT).
4. [INSERT].
5. [IN'SERT].As part of that effort, on [INSERT DATE], the Department of Public Works, L-ngineering Division,
issued a Request for Proposal (RFP), pursuant to § 2.57 of the City's Municipal Code, to design and construct
replacement structures ("Project") to qualified Design-Build firms off the Priority List.
6. [INSERT].
7. Following interviews of all [INSERT=] respondents, D/B was selected as the respondent who best met the
desisn, monetary, and time criteria of The project with whom City could negotiate an agreement.
S. As part of D/B's proposal, D/B submitted a "Not to exceed Gross Maximum Price" of the Project in the
amount of [INSL-ti"f R~RITTEN DOLLAR AP40UNT] (S[INSERT NUhIERiC AMOUNT]) ("Estimated
9. Following City's approval of 90%Construction Documents ("CD"), D/B shall submit a guaranteed maximum
price ("GMP"), not [o exceed the Gross Maximum Price, for which the Project shall be designed and
constructed.
10. D/B shall complete the Project as a public improvement, according to plans and specifications approved by
City, for an amount not to exceed the GMP.
NOW, THEREFORE, in consideration of the recitals, mutual obligations of the Parties, the covenants and
conditions herein, and for other rood and valuable, the sufficiency of which is hereby acknowledge, the Parties
agree as follows: V
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ARTICLE I. DEFINITIONS
ADA: The Americans with Disabilities Act of 1990 and any amendments thereto.
Acceptance: Final approval by the City Inspection Team following the Final Inspection that Project Improvements
are complete and work required on the Punch List has been finished.
As-Buitts: Project Record Documents that are the Contract plans modified from the original concept of the desi_n
to reflect the actual product built
CEQA: California Environmental Quality Act.
Calendar Day(s): All days of the week, holidays and weekends included.
Change Order: A written order, approved by City, authorizing a change in the work to be performed.
City: The City of Chula Vista. Unless specifically provided otherwise, whenever this Agreement requires an action
or approval by City, that action or approval shall be performed by the City representafive designated by the
Agreement.
City Council: The City Council of the City of Chula Vista.
City's Project Administration Costs: Charges that City incurs to: (i) administer the acquisition of the Property,
(ii) review and approve the plans and specifications for llte project improvements, and (iii) inspect the project
improvements during constmction, until completion and Acceptance of the Project.
Contract Documents: Including, but not limited to: Contract Addenda, Notice Inviting Bids, Instructions to
Bidders, Bid (including documentation accompanying Bid and any post-bid documentation submitted prior to
Notice of Awazd), the Bonds, dte general conditions, permits from other agencies, the Special Provisions, the Plans,
Standard Plans, Standard Specifications, Reference Specifications, and all modifications issued after the execution
of this Agreement.
Contract Time: The number of Calendar Days permitted under this Agreement for D/B to achieve Substantial
Completion.
Defective Worlc All work, material, or equipment that is unsatisfactor}•, faulty, incomplete, or does not conform to
the Contract documents is defective.
Design Build Team (D/6T): Those individuals designated as being a part of the Design Build Team.
Estimated Cost: The total cost of the Project as estimated in preliminary cost estimates as shown in Exhibit
[INSERT].
Extra Wort: Any City additions, modifications, or deletions to work or D/B obligations under this Agreement not
within the original Scope of Work contemplated by this Agreement.
Final Completion: The point at which the last of the following has occurred: (1) recordation of a Notice of
Completion for the Project; (?) acceptance of the Project by the City; (3) submission of all documents required to be
supplied by D/B to City under this Agreement, including but not limited to As-Built Drawings, warranties, and
operating manuals; and (4) and delivery to City of a Certificate of Completion duly verified by DlB.
Greenbook: The most recent edition of the Standard Specifications for Public Works Construction (including any
Ciry of Chula Vista standard special provisions).
Guaranteed Maximum Price ("GMP"): The maximum compensation to which D/B may be entitled For the
performance of all Services, Work, and obligations and the satisfaction of all conditions under this Agreement,
which amount shall include all authorized costs for labor, equipment; and material to design and build a fully
functional Project in accordance with all applicable rules, regulations, and laws.
Hard Construction Costs: Direct construction costs incurred in performing the work, including taxes, delivery and
installation. Hard ConsWCtion costs shall not include D/B markup, handling fees, overhead, or other charges,
except as otherwise set forth in this Agreement.
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Hazardous Materials: Hazardous waste or hazardous substance as defined in any federal, state, or local statute,
ordinance, rule, or regulation applicable to the Property, including, without limitation the Comprehensive
Environmental Response, Compensation, and Liability Act of t9S0, az amended (Title 42 United States Code
sections 9601-9675), the Resource Conservation and Recovery Act (Title 42 United States Code sections 6901-
6992k), the Carpenter Presley-Tanner Hazardous Substance Account Ac[ (Health and Safety Code sections 25300-
25395.15), and the Hazardous Waste Control Law (Health and Safery Code sections 25100-25250?5). "Hazardous
Materials" shall also include asbestos or asbestos containing materials, radon gas, and petroleum or petroleum
fractions, whether or not defimed as hazardous waste or hazardous substance in any such statute, ordinance, rule, or
regulation.
Holiday: The City-observed holidays.
Law: All Federal, State, or local laws, regulations, ordinances, and/or policies.
Milestones: Dates shown on the Project Schedule by which D/B shall complete major tasks either during desim or
construction of the Project
NEPA: National Environmental Policy Act.
No[iee to Proceed: City's written notice authorizing D/B [o commence Work and/or Services on the Project.
Notice of Termination: A written notice from City to D/B terminating the Agreement in. accordance with Article
XXVII.
Project Site: The property located at [INSERT] and further described in Exhibit "[INSERT]", attached.
Reimbursable Costs: [PLEASE INSERT]
Sen~ices: Professional services, including design and construction management of the Project that are required to
design and construct the Project in accordance with [he Contract Documents. Services does not include Work.
Substantial Completion: That stage in the progress of the construction when all Work on the Project is sufficiently
complete in accordance with the Construction Documents, so that City can fully utilize entire Project; Substantial
Completion shall further mean that all goods, services and systems to be provided under the terms and conditions of
the Construction Documents are in place, have been initially tested, and are operationally functional, subject only to
final tesring, balancing and adjustments and normal Final Completion punch list work.
Title 2d: California Building Standards Code, Califomia Code of Regulations, Title 2~.
':York: All labor, materials, supplies, and equipment that are necessary to construct the Project in accordance with
the Contract Documents. Work does not include Services.
Worl;ing Day(s): Monday throvoh Friday, exnluding City holidays.
ARTICLE II. SCOPE OF THE AGREEMENT
2.1 General. Except as expressly provided in this Agreement, DB shall design and construct the Project in
accordance with all the terms and conditions of this Agreement, approved Plans and Specifications; and the
timeframes established by the Project Schedule, attached as Exhibit "[INSE=RT]", delivering a complete and
functional Project ++~thin the Contract Time for an amount not to exceed the GMP.
ARTICLE RI. TERM
3.1 Term of Agreement. This Agreement shall be effective on the date it is executed by the last Party to Bien the
Agreement following City Council approval by Resolution. The term of this Agreement will extend from the
date of execution until satisfaction of all terms and conditions herein, unless this Agreement is earlier
terminated.
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ARTICLE [V. GENERAL PROJECT PERrORMANCE OBLIGATIONS
4.1 Standard of Care. Throughout the performance this Agreement, performed under this Agreement, DB agrees
that all Services and Work provided az part of this Agreement shall be performed in accordance with the
standards customarily adhered to by experienced and competent professional architectural, engineering,
landscape architecture, and construction firms using the degree of care and skill ordinarily exercised by
reputable professionals pracricing in the same field of service in the State of California.
4.2 Compliance with all Laws. In the performance of this Agreement, DB shall comply with all laws, including
but not limited to:
43.1 All City, County, Siate, and Federal laws, codes and regulations, ordinances, and policies, including,
but not limited to, the following:
43.1.1 Environmental Reeulations (i.e. CEQA/ NEPA).
42.13 The Americans with Disabilities Act ("ADA") and Title 24 of the California Building Code. It
is the sole responsibility of D/B to comply with al) ADA and Title 24 regulations.
42. ] 3 The California Fair Employment and Housing Act and all other State, Federal and local laws
including, but not limited to, those prohibiting discrimination on account of race, color,
narional origin, religion, age, sex of handicap.
4.1.1.4 The Clean Air Act of 1970, the Clean Water Act (33 USC 1368)-Executive Order 1 I T8, and
the Stormwater Management and Discharge Conttol-Ordinance No. 0-] 7988.
43.1.E DB shall comply with the Essential Sen'ices Building Seismic Safety Act, SB 239 & lit.
43.1.6 DB shall comply immediately with all directives issued by City or its authorized
representatives under authority of any laws, statutes, ordinances; rules, or regulations.
4.1.1.7 DB shall obtain and comply with all permits necessary top complete the Project, including,
but not limited to Development Services Department permits and hazardous material permiu.
4. 2.1.8 Zoning, environmental, building, fire and safety codes and coverage, density and density ratios
and lien laws.
432 Gnp/ied Knowledge ojLmvs. DB shall be responsible for atl amendments or updates to standards and
of all amendments or updates to standards, whether local, state, or federal, and such knowledge will be
imputed to D/B to the extent allowed by law.
4.3 Desion and Construction Standards. In ttte performance of the Services and Work covered by this
Agreement, DB shall comply the most current versions of design and consttuction specifications, all of which
shall be incorporated herein by this reference.
43.1 Standard Specifications.
43.1.1 Greenbook. The 20D0 Edition of the Standard Specifications for Public Works Construction.
43.13 California Department of Transportation Manual of Traff c Controls for Construction and
Maintenance Work Zones.
4.32 CiO~Specificatioes.
4.32.1 The 3000 Edition ofthe Chula Vista Standard Special Provisions.
4.322 The 3000 Edition of the Regional Standards.
4333 The 2002 Edition of the Chula Vista Construction Standards.
433.4 The City's facility program, performance and design criteria, concept dran'in~s, and reports.
4.33 6nerg)~ Conservation Standards.
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45.4 Materials Smndards. D/B shall use industrial glade, not residential grade, equipment and accessories
for all faceu of design and construction.
4.4 Obtain Citv Anoroval. For any and all actions under this Agreement that require Ciry approval, including,
but not limited to, changes or additions to Agreement, DB shall obtain approval in writing from the designated
City Representative, or when required by Law, from the City Council. D/B acknowledges that approval from
any individual other than the designated City Representative or Ciry Council, where required, shall not be
valid.
4.4.I Farhve ro Obrairr Approval. Any costs or delays resulting from or associated with additions or
modifications implemented without the +vritten authorization of the City Representative shall be borne
exclusively by DB and not be grounds for an increase in GMP or Contract Time.
4.4.1.1 Emergency. In the event of an emergency, DB shall take all reasonable actions necessary to
protect public health, safety or property. Such action shall not require advance City approval;
however, DB shall notify the Ciry immediately of the emergency and as soon as reasonably
possible provide a written statement to the Ciry explaining the emergency and the reasonable
actions taken. Provided the emergency was not caused by or its creation contributed to by the
D/B, its employees, agents, or subcontractors, DB may be enr8ed to reasonable compensation
for such actions.
4.42 No Release From Oblrgarions. City approval shall be a general approval only, and such approval shall
in no way release or relieve D/B of responsibility for complying with all applicable laws, codes, and
good consulting, design, or construction practices.
4.5 Decision Malone. D/B shall make decisions with reasonable promptness to avoid delay in the orderly
progress of DB's obligations under this Agreement and pursuant to the Project Schedule, attached as Exhibit
"[I1~SERT]".
4.6 Perform Services and Worl in Phases. The Services and Work under this Agreement shall be performed
three (3) "Phases" in the manner and order described herein.
ARTICLE V. PHASE I -DESIGN DEVELOPMENT
5.1 Desi~?n Team. City has awarded this Agreement based on the specific qualifications of DB to perform the
design services required under this Agreement. All such services shall be provided by D/B unless the City has
approved of the use of Subconsul[ants in the manner identified in Article VIII.
5 2 Services. [n Phase I, D/B shall perform Services including, but not limited to, the following:
52.1 Project Development. Develop and refine Project requirements.
522 ODD. Prepare complete DDDs, such that the DDDs include, without limitation, the following:
> 22.1 Site Plans. Site plan with pertinent notes and dimensions indicating property line; existing
public streets, sidewalks, curb cuts, other public improvemenu; required setbacks; service,
trash, fire lane and truck access, adjacent buildings, building outline; basketball courts, multi-
use sports field, softbatl field; informal skate area, play areas, shelters, landscape and site
elements.
5 222 Floor Plans. Floor plans including graphically demonstrating interior and exterior walls and
fenestration with notes, dimensions and eridlines{room names, structural bay spacing with
grids, critical dimensions and area calculations.
5.223 Roof Plans. Roof plans including detailed notes, dimensions, mechanical equipment locations,
define material for mechanical screens, skylights and roof access, roof materials, roof drainage
and establish window-washing concept.
52 2.4 Building Sections. Building sections, which shall include vertical dimensions, floor assembly
thickness showing known structural elements. notes and dimensions.
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1.2.2.5 Elevations. Exterior elevations; including material references and extent; visible roof top
elements; existing and new line of grade; indicate of floors with leader lines; and vertical
dimensions; notes, dimensions and grid lines.
522.6 Wall Sections. Wall sections including all wall sections, dimensions, horizontal element
offsets, and guide to exterior face of wall; dimensions, vertical floor to floor, floor to window
head and sill and floor to ceiling; structural elemenu and assemblies; interior and exterior wall
finishes; and wall and roof assembly;
523.7 Outline specifications, written description of [IT~SERT] and components including site work.
i.22.S Traffic circulation and landscaping should also be indicated at this stage if applicable.
52.3 Code Compliance. Verify all code compliance, including building construction pipe, occupancy
sprinkler requirements, existing, zoning and other agency conformance and ADA.
52.4 Subnvrrtals. Prior to proceeding with Phase II, DB shall prepare and submit the following to the City
for review and written approval.
52.4.1 DDDs. Completed DDD. -
53.4.1.1 Conditional Approval. In the event that City grants conditional approval, D/B shall
address all City comments or issues and make associated revisions in the next set of
drawings developed and submitted.
53.4.1:2 Delay/Costs. Any delay or additional cosu resulting from the re-submittal shall be
borne exclusively by DB and not be grounds for an increase in the GMP or Contact
Time.
53.42 Other Deliverables. 3D rendered images, color and material boards, reflected ceiling plans,
and special system or equipment plans.
ARTICLE VI. PHASE ]I
6. ] Phase II Services. In Phase II of the Project, D/B's shall perform Services including, but are not limited to,
the following:
6.1.1 Project Development. D/8 shall diligently prosecute the development and refinement of Project
requirements and review such requirements with Ciry;
6.12 Digira! Docwnentalion. D/B shalt prepare CD's which shall include, without limitation, the following:
6.12.1 Architecturnl plans and details, including:
6.7 2.1.1 Site plan indicating general location and nature of on-site and the necessary off-site
improvements.
6.1.2.3.2 Floor plans, including roof, shoo-ing space assignments, sizes, and location of
installed or filed and movable equipment that affects the design of the spaces.
6.13.1.3 Building elevations indicating exterior design elements and features, including
fenestration arrangements, materials, mechanical and electrical features appearing on
the walls, roofs, and adjacent areas.
6.1 2.1.4 Interior elevations to establish functional requirements, equipment, and all systems
locations.
6.12.15 Typical building sections showing primary structural members, dimensions, and
accommodation of functional systems.
6.1 2.1.6 T}~pical wall sections sufficient to indicate materials, openings, and major features.
6.123 Structural drawings including plans and sections of sufficient clarity and detail to show [he
extent and pPe of structural system and dimensions, final structural design criteria, foundation
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design criteria, preliminary sizing of major structural components, critical coordination
clearances and applicable material lists.
6.1.2.3 Mechanical plans and details.
6.12.4 Landscape and Irrigation plan and details.
6.1.2.5 Electrical plans and details.
6.12.6 Plumbing plans and details.
6.12.7 Plans showing installation of major systems, equipment, fined furnishings and graphics.
6.1.2.8 Technical specifications.
6.13.9 All other technical drawines, schedules, diagrams and specifications, to set forth in detail the
requirements for construction ofthe Project which, at a minimum, include:
6.1'1.9.1 Information customarily necessary for [he use of Those in the building trades.
6.12.92 Documenu customarily necessary to obtain regulatory agency approvals.
6.12.99 Color board and architectural rendering for required presentations.
6.1.2.10 Mechanical design documentation consisting of continued development and
expansion of schematic mechanical design consisting of:
6.1.2.10.1 Singie line layouts and the approximate sizing of al] equipment and capacities,
preliminary equipment layouts.
6.1.2.10.2 Required space requirements for the equipment, required chases and clearances,
acoustical and vibrations control, visual impacts and energy conservation
measures.
6.1:2.1 I Electrical design documentation consisting of continued expansion of the schematic
electrical design consisting o£
6.13.11.1 Criteria for lighting, electrical, communications audio visual, close circuit T.V.,
lighting controls and other electrical systems rvpical to civic facilities, the
approximate sizes and capacities of major components transformers-panels-switch
gears;
6.13.113 Preliminary equipment layouts, required space for equipment, required chases and
clearances.
6.12.12 Sections through critical areas showing coordination of architecturzl, structural, mechanical
and electrical elements.
6.12.U Final specifications, including but not limited to, the Following:
6.12.li.t Architecturzl. General description of the construction, including interior finishes,
q~pes and locations of acoustical treatment, typical and special floor coverings and
final exterior and interior material selection.
6.] 3.132 Mechanical. Description of air conditioning, heating and ventilation systems and
controls, ducts, and piping s}-stem.
6.13.13.3 Electrical. Description of electrical services, including voltage; type and number
of feeders; lighting systems, including lighting levels and audiovisual; security-fire
alarms; and cable antenna television systems.
6.13.13.4 Landscape. General description of the constmction, including plan materials, plant
locations, maintenance period, and irrigation systems.
6.12.13.5 Play Areas. Description of play equipment, includine installation procedures,
pPe, color, finishes, and locations. /
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6.13.13.6 Site Work. General description of the construction, including finishes, types of
materials and locations.
6.13.13.7 Other. Such other documents to fix and describe the size, quality and character of
the entire Project, its materials, and such other elements as shall be appropriate.
6.13.14 Plumbing drawings, including location and quantiq• of fixtures, equipment sizes, room sizes
for plumbing equipment and final specifications as appropriate.
6.1.3 Project Sequencing. DB shall determine and establish the sequence of construction, and if
appropriate, identify separate bid packages to accomplish phased construction of the Project.
6.1.4 Critical Path. D/B shall prepaze a detailed Critical Path Method schedule for all construction
components of the Project ("Detailed Construction Schedule") utilizing Microsoft Projec[ sof[waze,
showing all major milestones, bid dates for the major bid packages, commencement of construction,
sequence of construction, completion of structural elements, and completion of the Rohr Park Shade
Structures, all of which shall conform with the dates of Substantial Completion and Final Completion
of Project.
6.1.5 Govenmreamt Rn~iew. D/B shall review, as needed, the CD's with the governmental authorities
having jurisdiction over the Project.
6.1.6 Accounting S}~sienr. D/B shall provide a master accounting system and matrix on Mierosofr Euel that
will be updated, expanded, and provided to the Ciry monthly as the Project develops.
6.1.7 Projec[ Mmtogement Plan. DB shall develop and implement a Project Management Plan and
Procedures including:
6-1.7.1 Projectstatusreports.
6.1.73 Coordination interface with the Ciry and its other consultants/contractors
6.1.7.3 Initial Design kickoff meeting to be held no later than five (5) working days from the Effective
Date of Agreement.
6.1.7.4 Biweekly Design and Construction meetings
6.1.7,5 Interface and communications wish other agencies
6.1.7.6 Vendors and subcontractors management
6.1.7.7 Document control
6.1.7.8 Schedule and budget control
6.1.7.9 Quality assurance and quality control. D/B shall establish and maintain a quality control
program with appropriate reviews and independent testing procedures to ensure compliance
with the Construction Documents during the construction phase.
6.6.10 Scheduling and cost control reports, which shall be provided monthly throughout the design
phase.
6.1.8 Construction Drmvings and SpeciTcatiats. D/B shall prepaze constrcction drawings and specifications
suitable for obtaining Ciry-approved permits and to allow construction.
6.1.9 Ciry Approral. D/B shall submit Construction Documents and obtain City approval in writing of the
Construction Documents at fifty percent (60%), seventy percent (70%), and ninety percent (90%)
completion.
6.1.9.1 Condition Precedent. City approval of the Construction Documents is a condition precedent to
authorization to proceed with subsequent work on the Project.
6.1.9.3 Notification, Modification, and Resubmittal. At 50%, 70% and 90% Completion, City ~+•ill
notify D/B in ~+Titing within the timeframes established in the Project Schedule following
receipt of Construction Dra+vings of City approval, or of request for modifications. If
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modifications are requested, D/B shall modify and resubmit Construction Dmurines for City
approval.
6.1.9.3 D/B Support. D/B shall provide support to a City Conswctabiliry Review Team for the
review of the Construction Documents at all stages of required submission.
6.1.10 Maleriols and Equipment Specifications. D/B shall prepare technical materials and equipment
specifications for pre-purchase.
6.1.11 Smve}'ing ared Testing. D/B shall coordinate, perform, and complete all surveying materials testing,
and special testing for the Project a[ the Project site as required by this Agreement, the State Building
Code, or any other law or regulation; in accordance with and considering the follo+ving:
6.1.11.1 Greenbook 2003 Section ?-9 titled "Surveying" and City of Chula Vista's Horizontal and
Vertical Control found on the Survey Control Network Map located on the Cip'`s Interne[ via
the following link:
htto //wu'w chulavistaca ov/City Services/Develonmen[ Services/Eneineerin Jindex.as~
6.1.11 ~ Existing Conditions. DB shall obtain all necessary soils investigation and conduct
agronomic testing required for design of the Project. The SoiisConsultant shall prepare a
statement that will be included in the Bidding Documents as to the nature of soils, ground
water conditions and any other information concerning the existing conditions of the site.
6.1.]13 Utilities. D/B shall provide all required information for the construction or relocation of
Public or private utility facilities that must be constructed or relocated as a result of this
Project. D/B shall file all of the required documents for the approval of authorities having
jurisdiction over the Project and in obtaining the services of all utilities required by the
Project.
6.1.11.4 Geotechnical Information. DB shall obtain all necessary geotechnical infom~ation required
for the desimt and construction of the Project. The Project Engineering Geologist and/or
Project Soils Engineer (qualified R.C.E. or R.G.E.) shall prepare a statement that will be
included in the Bidding Documents, to address existing geotechnical conditions of the site
that mieht affect construction.
6.1.11.5 Additional Surve}'s. D/B shall provide additional site surveys and geotechnical investigations
[o the extent that D/B determines they are necessary for final design.
6.1.11.6 No Reliance. D/B shalt not rely on City survey information as it is intended to be preliminary
in nature and may not have sufficient accuracy or scope to support final design.
6.1.12 Sll'PPP. D/B shall prepare and incorporate into the Construction Documents a Stormwater Pollution
Prevention Plan ("SWPPP") to be implemented by the D/B during Project construction. Where
applicable, the SWPPP shall comply with both the California Regional Water Quality Control Board
Statewide General Constmction Storm Water permit and National Pollution Discharge Elimination
System permit requirements and any municipal regulations adopted pursuant to the permits.
6.1.13 Alternatives. D/B shall evaluate alternative structural and construction approaches to ensure
economical designs, which optimize constmctability, yet meet all codes, architecrural concepts,
schematic designs, and standard specifications of the Project
6.1.14 Pwwrits. D/B shall obtain general building permit and all ancillary permits and licenses, including but
no[ limited to, demolition permits, improvement permits and grading permits [~',%H EN?"'. ].
6.1.15 Updnred Cosrs. D/B shall provide updated construction cost estimates in conjunction with the
submittals required in Section 6.1.9 [o support Value Engineering ("VE") and constructabiliq~ reviews.
6.1.16 Finn/ Review and Approro! oJPlmts and SpeciTcodons. D/B shall deliver to City complete
Construction Documents, including Construction Drawings, Plans and Specifications for the design
and construction of the Project. City agrees to review the Construction Documents and provide City's
written comments to DB within [INSERT TINIEFRAh'IEj Business Days of the date such
Conswction Documents are delivered to Ciry in accordance with the notice provisions in Article
9
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XXIX. Approval shall not be unreasonably withheld. If requested by City, DB shall make changes to
the Construction Documents.
ARTICLE VII. PHASE [II. -CONSTRUCTION PHASE WORK AND SERVICES
7.1 Phase III. Work and Services. The DB shall construct the Project in accordance with City-approved plans
and specifications prepazed by the D/B to meet or exceed all requirementr of the City provided program,
schematic design and the performance criteria. The DB shall:
7.1.1 Bidding. DB shall prepaze and submit to the Ciry for review separate bid packages, such bid packages
shall be organized in the manner that D/B determines is appropriate ensure the efficient and cost
effective construction of the Project.
7.1.1.1 Competitive Bidding. DB shall competitively bid the respective bid packages for [he
construction of the Project.
7.1.12 Pre-Bid Conferences. DB shall schedule and conduct pre-bid conferences to answer questions
posed by bidders. Said answers and any other information requ'ved to provide clarification to
the Construction Documents during the bidding process shall $e-issued as written addenda and
provided to all prospective bidders.
7.1.1., Scheduling. D/B shall coordinate scheduling of bid packages, submittals.
7.1.1.4 Bid Results. DB shall submit to [he City a summary of bid results for each bid package.
7.1.1.5 Bid Protests. D/B shall heaz and decide bid protests and shall develop and maintain bid protest
procedures for that purpose. City shall be timely informed of all bid protests (prior to
resolution) and the outcome of said protests.
7.1.].6 Equal Opportunity Contracting/Nondiscrimination. DB shall not discriminate on the basis of
race, gender, religion, national oriein, ethnicity, sexual orientation, age, or disability in the
solicitation, selection, hiring or treatment of subcontractors, vendors, or suppliers. DB shall
provide equal opportunih~ for subcontractors to participate in subcontracting opportunities.
DB understands and agrees that violation of this Subsection shall be considered a material
breach of this Agreement and may result in contract termination, debarment, or other sanctions.
The language of this Subsection shall be inserted in contracts between D/B and any
subcontractors; vendors, or suppliers.
7.1.1.7 Executing Contracts. DB shall be responsible for entering into subcontracts, in D/B's own
name, with the bidder who in D/B's discretion and professional opinion best meets the
monetary, time, and performance requirement of the Project. D(B shall be responsible for
ensuring that these contracts fully comply with all applicable local, state and federal laws,
some but not all of which are listed below.
7.1.1.8 Additive Alternatives. DiB shall require additive alternates for extended warranties in bid
packages for roofing and HVAC systems.
7.1 ? Mee7ings. D/B shall conduct meetings identified below:
7.13.1 Preconstruction Meeting. DB shall conduct a preconstruction meeting with its officers, agents
and employees and City. The purpose of this meeting is to discuss: (i) the Agreement
conditions, (ii) Scope of Work clarifications, and (iii) City policies, inspection requirements,
and procedures.
7.12.1.1 Attendance. DB shall ensure that the preconstruction meeting is attended by DB's
construction contractor, project manager, all D/B's major subcontractors, the City's
[INSERT], and all other persons necessary as determined by D/B or Ciry:
7.122 Progress Meetings. D/B shall conduct weekly progress meetings wilt the Ciry and appropriate
desi¢rr and construction members.
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7.129 Contractor Meetings. D/B shall conduct contractor meetines, as necessary, to provide
technical input
7.123.1 DB shall provide interpretation of technical specifications and drawings.
7.1.2.4 Rescheduling. Progress Meetings may be rescheduled if rescheduled meeting times are
convenient for all necessary parties, and DB has given no less than five (5) Calendar Days
prior written notice of the rescheduled meetins.
7.125 Minutes. D/B shall take corresponding meeting minutes and distribute copies to all attendees.
7.1?.6 Reporting. D/B shall monitor and report to the City on actual performance compared to the
Project Schedule, provide updated As-Builts, and verify that the latest changes to the Project, if
any, have been made.
7.1.3 Cortsnuction A9anagemen/. During construction of the Project, DB shall perform and be responsible
for construction management, supervision, and administration services, including, but not limited to,
tracking and reporting all expenses and all aspects of the construction and coordinating all construction
means, methods, techniques, sequences and procedures to ensure the efficient and orderly sequence of
the construction of the Project
7.13.1 Resident Management. D/B shall provide resident management and contract administration,
including specialists necessary for the functional, safe, on-budget and on-schedule completion
of the Project, starting with the issuance of a Notice to Proceed, upon receipt of final
construction drawings, from the City and extending through issuance of Notice of Completion
and Acceptance. City staff will perform inspections to verify compliance with the plans,
specifications and contract documents. The DB resident staff shall ensure construction
compliance with applicable local, state, and federal codes, building and environmental permit
requirements, construction mitigation documents and enforcement of the Contract Documents.
7.132 Records Management. D/B shall implement and maintain an internal records management and
document control system as required to support project operations. The D/B shall provide
records management and document control information in a manner consistent with the City's
reporting system.
7.1.3.3 Cash Flow. D/B shall develop aproject-specific Plan for deFning, tracking and reporting cash
flow activity requirements and submit such plan to the City for review and approval prior to
implementation.
Z 13.4 Reporting. D/B shall keep City informed of the progress and quality of [he design and
construction of the Project.
7.13.1 Documents On-Site. D/B shall maintain a complete and up-to-date. set of Construction
Documents in the Projects field office at all times during construction that reflect all chanties
and modifications.
7.1.4 Srte Sajery, Securih~, and Complrance. D/B shall be responsible for site safety, security, and
compliance with all related laws and regulations.
7.1.4.1 Persons. DB shall be fully responsible for the safety and security of its officers, agents, and
employees, City`s officers, agents, and employees, and third parties authorized by D/B to
access the Project site.
7.1.4.2 Environmental. D/B shall administer and enforce the Environmental Mitigation Monitoring
and Reporting Plan for the Project, if any. In addition, D/B shall report environmental issues to
the City in a manner consistent with the City's reporting system. D/B shalt be responsible for
the environmental consequences of the Project construction and shall comply with all related
laws and regulations, including the Clean Air Act of 1970, the Clean Water Act, Executive
Order number 11735, and the Stormwater Management and Discharge Control Ordinance No.
0-17958 and any and all Best Management Practice guidelines and pollution elimination
requirements as may he established by the Enforcement Official.
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7.1.4.3 Risk of Loss. D!B is responsible for the Project, project site, materials, equipment, and all
other incidentals until the Project has been Accepted by the City and shall bear any costs or
expenses associated with the loss thereof or damage thereto, including by theft, fire, or other
casualties.
7.1.5 Public Right-of-ff'gv. All work, including, materials testing, special testing, and surveying to be
conducted in the Public right-of--way shall be coordinated with the Ciry.
7.1.5.1 Materials Testing. D/B shall pay for and coordinate with Ciry to have all material tests within
the Public right-of--way and any asphalt paving completed by City's Material Testing
Laboratory.
7.1.52 Surveying. D!B shall pay for and coordinate with Ciry's (iNSL"RT DEPART~4lNT] all
surveying requ'ved within the Public right-ofway.
7.1 S.3 Follow all Laws, Rules, and Regulations. DB agrees to follow all City standards and
regulations while working in the Public right of way, including but not limited to, utilizing
proper traffic control and obtaining necessary permits.
7.1.6 Ti•a~c Carvol. DB shall address all traffic control requiremenu for the Project including, if
necessary, separate traffic control plans and/or notes.
7. L7 Abatement. DB shall develop a mutually agreed upon program to abate and minimize noise, dust, and
disruption to access for parking and services at all times for adjacent business entities and residences.
7.1.8 Inspections. D/B shall coordinate any and all required inspections, including special inspections, in
such a manner that the progress of construction is no[ affected or impacted. The DB shall provide
surveying, and other contracted services as required to complete project construction inspection and
testing tasks. The City will provide inspection, special inspection, re-inspection services, and periodic
building inspections.
7.1.9 Pennirs. The Parties ack2towledge that the construction work to be performed on the Project by D/B in
compliance with this Agreement is subject to the prior issuance of building, land development, and/or
public improvement permits paid for and obtained by DB. in the event that City, or any other
governmental agency, unreasonably refuses to issue the permit(s) necessary to authorize the work to be
performed or if the permit(s) are unreasonably canceled or suspended, then D/B is relieved from its
obligation to construct those improvements covered by the denial of said permit(s). City shall, under
such circumstances, pay D/B the reasonable costs, not to exceed the amounu identified in this
Agreement, for all work completed up to the date of denial of said permit(s). All plans, specifications
and improvements completed to the date of dte denial, suspension or cancellation of said permit(s)
shall become the property of City upon DIB's receipt of payment in full as described above.
7.1.10 A4ointenmrce. D/B shall ensure Project is maintained in a clean, neat, sanitary and safe condition free
from accumulation of waste materials or rubbish. Until Acceptance of the Project, D!B shall be
- responsible for on-going site maintenance, including any erosion prevention measures. Prior to Final
Completion, D/B shall cause to be removed from and about the Project all tools, construction
equipment, machinery, surplus materials. waste materials and rubbish and deliver the site to [he City in
a clean, neat, sanitary and safe condition.
7.1.10.1 Waste Removal. Please be advised that Chula Vista Municipal Code 824.070 provides
for an exclusive franchise for the removal and conveyance of all solid waste for hire (including
recyclables) within City limits. The exclusive franchise agreement covers any hauling activity
that requires the generator or their agent to pay a fee for any service connected with removing
or com~eying waste. The Cip~'s franchise hauler is Allied (formerly Pacific) Waste Services
and maybe reached at (619) 421-9400.
7.1.11 ReyuesY fa~ Irjorrnarion ("RFI "). Parties acknowledge that the RFI process is solely for
correspondence behveen D/B and its agents: however, DIB shall submit copies of each RFI to City at
- ilte within riventy-four (24) hours of receipt. D/B shall issue responses to 1ZFls. Unless D/B
specifically requests a City response. City will no[ respond to RFIs.
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7.1.1? Revie~r and Approval. D/B shall provide timely review and approve shop drawines, samples of
construction materials, product data, schedule submittals, and other submittals for compliance with the
Construction Documents. D!B shall keep the City advised of all such matters being reviewed and
approved by D/B and fonvazd copies of such documents to City for review.
7.1.13 Ro~~ntries artd Other Fees. DB shall pay royalties and license fees, if appticable. DB shall defend
suits or claims for infringement of patent rights and shall defend and hold City and City's agents
harmless from loss on account thereof
7.1.14 Provide City with a Detailed Construction Schedule {DCS) on an disc (CD) within fourteen (14)
working days after receiving Notice to Proceed with Phase IV, provide updated versions of DCS on a
monthly basis, and provide immediate notice of any impact on critical path items.
ARTICLE VIII. SUBCONTRACTING
8.1 Subcontracting.
8.1.1 Dertgn Services. DB shall perform or obtain the prior written consent of the City [o subcontract all
design services for the Project utilizing qualified, licensed and sufficieritly experienced azchitec[s,
engineers and other professionals (herein jointly "Design Consultants') as identified in Exhibit
[INSERT]. D/B shall no[ be permitted to substitute any Design Consultant unless authorized by City.
6.13 Catsnzretron Services. DB shall perform all constructionon the Project utilizing subcontractors
appropriately licensed by the California Contractors Stale License Board or other required agency.
ARTICLE 1X. PROJECT SCHEDULE
9.1 Protect Schedule. D/B shall perform and complete the Services and Work under this Agreement according to
the timeframes set forth in the Project Schedule; attached hereto as Exhibit "[INSERT]", or a subsequently
revised Project Schedule in such a manner that the GMP or Contract Time of the Project shall no[ be exceeded
and that is consistent with the Standard of Care identified in Section 4.1.
9.1.1 Project ScJted:rte. DB has submitted, as part of its proposal, a Project Schedule based on its estimate
of the time necessary to complete the Project.
9.12 D/B's Obtigntion. Subsequent to the effective date of this Agreement, DB shall provide, coordinate,
revise, and maintain the Project Schedule for all phases of the Project.
9.1.2.1 During the Project initiation and design phases, the D/B shall submit an updated Project
Schedule monthly to the City for approval
9.1.23 During Construction, D/B shall submit an updated Project Schedule monthly to the City and
shall include:
4.122.1 Forecast Data with the intended plan for the remainder of the contract duration.
9.1222 Actual Data with indications of when and how much Work and/or Services was
performed (% complete).
9.122.3 Logic changes or other changes required to maintain the Project Schedule.
9.1.3 Demi! and Formal The Project Schedule shall be substantially similar in detail and form to Exhibit
[INSERT], or it shall be in the form subsequently agreed to by the Parties.
9.1.4 Subruilrat. Project Schedule shall be submitted to City on a computer disk ina version of Microsoft
Project.
93 Protect Comnletion. D/B acknowledges that all work on the Project under this Agreement will be complete
and ready for its intended use by the Project Completion Date, [INSERTj.
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9.3 Changes in Protect Schedule. Changes in Project Schedule, H'hether to logic, definition, or relationship must
be approved by the City in writing as a Change Order pursuant to the manner identified in Article XIiI.
ARTICLE X. DELAY IN PERFORMANCE
10.1 Time of Essence. Time is of the essence for this Agreement and each provision of this Agreement including
the Project Schedule, Start Date, and Project Completion Date contained herein, unless otherwise specified in
this Agreement, D/B shall perform all Services and Work as expeditiously as is consistent with standard of
care identified in Section 4.1.
10'2 Notification of Delav. If the D/B anticipates or has reason to believe that the performance of Services and/or
Work under this Agreement will be delayed, the D/B shall immediately notify the City. A written notice of the
delay must be delivered to the City within five (~) Calendar Days of the initial notification, unless the City
allows an additional period of time to ascertain more acctrate data in support of the request. The written notice
shall include an explanation of the cause of the delay, a reasonable estimate of the length of the delay, and all
supporting data. The D/B shall include a written statement that the time adjustment requested is the entire time
adjustment to which D/B has reason to believe it is entitled as a result of the cause of the delay. An increase in
time for completion does not necessarily mean that D/B is entitled to an increase in GMP. If in the opinion of
the City, the delay affects a material part of the Project, the City may exercise its ri~hu under Article XXVII of
this Agreement or any other remedy available in law or equity.
10.3 Delav. If delays in the performance of Services or Work required under this Agreement are caused by
unforeseen events beyond the control of the Parties, such delay may entitle the DB to a reasonable extension
of time or to additional compensation. Any such extension of time must be approved in writing by the City.
The following conditions may justify such a delay: war; changes in law or goverrunent regulation; labor
disputes; strikes; fires, floods, adverse weather or other similar condition of the elements necessitating
cessation of the DB's work; inability to obtain materials, equipment, or labor; required additional Professional
Services; or other specific reasons agreed to between the City and the DB; provided, however, that: (i) this
provision shall not apply to, and the D/B shall not be entitled to an extension of time, additional cosu, or
expenses for, a delay caused by the acts or omissions of the D/B, iu consultants, contractors, employees, or
other agents; and (ii) a delay caused by the inability to obtain materials, equipment, or labor shall not entitle
the D/8 to an extension of time unless the D/B furnishes the City, in a timely manner, documentary proof
satisfactory to City of the DB's inability to obtain materials, equipment, or labor"
103.1 Caused by City. If D/B reasonably believes that any action, inaction, decision or direction by City or
agent for the City will likely result in the GMP or Contract Time being exceeded or the Project being
completed late, D!B will notify Ciry at Project Team meeting and in writing within five (5) calendar
days of discovering such action, inaction, decision, or direction. Included in such notice ~++ill be an
estimate of the cost and time impact resulting from such action, inaction, decision or direction. DB
shall provide complete and-accurate pricing within ten (l0) calendaz days of said discovery.
10.4 Costs of Delav/Liquidated Damages. City and D/B recognize that time is of the essence in this Agreement
and that City will suffer fnancial loss if the Project is not completed by the Substantial Completion Date
identified in the Project Schedule or any extensions subsequently approved. As the exact amount of financial
loss cannot be accurately forecasted, the Parties have used their best efforts to establish an estimate of such
loss. In doing so, the Parties have examined all of the circumstances and factors associated with a delay and
have determined an amount that is fair and reasonable as liquidated damages. City and D/B agree that D/B
shall pay as Liquidated damages (but no[ as a penalty) for each calendar day of delay beyond the time specified
for Substantial Completion of the Project, the following amounts which D/B expressly agrees are "not
unreasonable under the circumstances' as defined in California Civil Code ~ 1671(b): 5100 for each calendaz
day. Liquidated Damages shall not be assessed after the date on which Substantial Completion is achieved. [n
lieu of paying damages to the Cip+, the Parties agree that City may choose to reduce. the GMP b}' the amount of
the liquidated damages"
ARTICLE Xl. PROJECT COSTS
1 L1 Estimated Cost. The Estimated Cost of Project, according to the 1tFP is [INSERT 1', RIl'l'EN DOLLAR
AMOUNT (INSERT NUMERIC DOLLAR AAIOUNT)). The City's obligation under this Agreement shall not
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9-103
exceed the Estimated Cost; however, once a GMP is determined and approved, the GMP shall become the not
to exceed amount of the City's obligation. GMP is subject to change pursuant to methods established in this
Agreement.
1 L L1 Cost Schedule. The EMP has been allocated among each activity or portion of the Project ("Itemized
Cost(s)"). The Itemized Costs are included in Exhibit "[INSERT]", attached. The cost incurred by the
D!B for a specific activity or portion of the Project shall not exceed the associated Itemized Cost.
112 GMP. At 90% complete constmction documents, D/B shalt establish a GMP and submit such GMP to die
City for approval.
112.1 Not to EYCeed Amount. The GMP shall no[ exceed S[IN'SERT NLINIERIC DOLLAR AMOL!NTj.
Any costs incurred by D/B in excess of said GMP shall be the sole responsibility of the D/B, unless a
Change Order is approved by the City pursuant to Article XIII of this Agreement.
11:1.1.1 Included Costs. In calculating the GMP, D/B shall include costs of the following:
112.1.1.1 All Design Consultants, including but not limited to architecturnl, structural, civil,
mechanical, electrical, communications, graphics and art consultants, landscape
architects, and acoustical, audio visual, lighting, and security consultants.
71.2.1.12 Estimating, value engineering and construction management.
11 2.1.13 Constmction supervision and project management personnel, including but not
limited to superintendents, Project managers, Project secretaries, Project engineers,
Project accountants, and all other D/B personnel wherever located.
11.2.1.1.4 All on-site and of{ site equipment, supplies and facilities, including but not limited
to, computers, estimating, dictating, communication and accounting equipment,
office space, trailers, field equipment and s[omee facilities.
112.1.1.4.1 Option to Purchase. In no case shall the cumulative monthly rental
charges to the Project for equipment and Small Tools used by [he D/B
exceed 90% of the fav market value of any one piece of equipment or
Small Tools. At City's option, the full price for equipment or Small
Tools may be paid, and City may take possession upon completion of
the Work.
112.1.1.5 All Hard Construction Costs.
112.1.1.6 DB Contingency Fund, ahieh shall not exceed 5%of Hard Construction Costs.
112.1. L9 Reimbursable Costs. Example: Utility fees.
112.1.1.8 D/B Fixed Fee for the complete design and construction of the entire Project as
specified in the 90° o CD's.
112.1.1.9 No more than $[INSERT NUA4ERIC DOLL:IR Ab~tOUNTj. for Design Services
and General Conditions.
112.1. L10 All home-office and field overhead costs of any type including document control
and retention;
11.2.1.1.11 All business license costs;
112.1.1.12 All profit D/B intends to gam under this Agreement.
11 2.l.l.li All direct and incidental costs incurred by D/B, except for those specifically
identified under the General Conditions section. [\1'HEI2E DO \\~ F.. DEFINE
DIRL-CT OR INCIDENTAL COSTS").
11 2.1.1.14 [INSERT OTI-IER""].
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9-104
112.12 Full Compensation. Unless otherwise expressly provided in this Agreement, GMP shall be
the maximum amount of compensation to due to D/B for all permitted costs of any type
incurred by DB in performing all services and obligations under this Agreement.
1122 Iten:i=anon. DB shall provide City with an itemization of the GMP that reconciles the GMP with the
itemized costs. The itemization shall include the following:
112.1.1 D/B Fixed Fees. The fees chazged by the contractor for staff, equipment, office space and
overhead during the term of the project.
] 12.12 Hard Construction Costs. Hard Construction Costs broken down into categories for each of
the major trades for the Project, which will include labor, material expenses, equipment costs,
and a reasonable DB Contingency Fund.
113.1.3 [1\'hat else^?^].
1123 Alternate did (tents. D/B shall prepaze, with the cooperation of the City, alternate bid items to assure
that the cost of [he Project will not exceed the GMP.
11:2.4 Adj:annenls ro GAdP Based on Approved Change Orders. GMP may be changed, increased or
decreased, based on Change Orders approved pursuant to Article XIII.
112.5 Adj:rstmenrs based on Other Cost Lmreoses. GMP may be increased due to: (i) acts of God, acts of any
governmental authority, the elements, war, litigation, shortages of material, Tabor strikes, inflation,
later commonly accepted or adopted higher standards and specifications of construction, concealed or
unknown conditions encountered in the completion of the Project, or other cause beyond D/B's
control, (ii) actual bids received being greater than estimated, or (iii) other factors not the result of
unreasonable conduct by D/B. The GMP may be increased by the amount of such increases; however,
if GMP as proposed to be increased shall exceed the Estimated Costs, such change to GMP shall be
subject to approval by City Council.
11.3 Dutv to Advance Costs. D/B shall advance all costs for Project subject 20 Reimbursement in the manner
described in Article XVI.
11.4 Use of Protect Contin~encv. Project Contingency shalt not be used without prior, written City approval and
shall no[ be used for. (i) work required due to DB's, its officers', agents' or employees' failure to perform
Work or Services according to the terms of this Agreement, in compliance with the Construction Documents,
and/or Law; or (ii) uninsured losses resulting from the negligence of DB, its officers, agents, or employees.
l 1.5 Notification of Increased Costs. If, at any time, the D/B anticipates that the amount expended on the Project
will exceed the Estimated Cost or [Ile GMP, when established, the D/B shall immediately, not more than ten
(10) Working Days from becoming aware of the potential increase, notify the City in writing. This written
notification shall include an itemized cost estimate and a list of recommended revisions that the D/6 believes
will bring the Project cost to within the Estimated Cost or GMP. Following the delivery of the Notice, D/B
shall assist the City in reviewing the itemized cost breakdown and adjusting the Scope of Atork and
establishing a revised Project, the cost of which will not exceed the Estimated Cost or GMP, once establish.
l 1 S.I Ciry Action. Following consultation with the D/B, the City may choose to: (i) approve an increase in
the amount authorized for the Project; (ii) delineate a project, which maybe constructed for the budget
amount; (iii) any combination of (i) and (ii); or terminate the Project subject to the tersnination
provisions in Article XXVII.
ARTICLE XII. PRODUCTS
13. 1 Submittals. Prior to the bidding process, D/B shall submit for City approval a list of products intended for use
in the Project. Upon D/B's completion of plans and specifications, City will review and approve products
specified therein. DB shall provide Ciry a copy of each submittal for City approval throughout theduration of
construction widtin M-enty (ZO) Calendar Days of D!B's receipt of submittal Approval is general approval only
and in no way relieves D/B of its sole responsibilities under this Agreement or any and al] laws, codes, permits
or regulations.
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12. 2 Substitutions. D/B shall submit all requests for product substitutions to City in writing within thirt}• (30)
Calendar Days afrer the date of award of the construction contract. Afrer expiration of the thirty (30) Calendaz
Days, City will allow substitution only when a product becomes unavailable due to no fault of DB's
contractor. City shall review substitution requests within thirty (30) Calendar Days of submission of such
requests. DI6 agrees that City requires Consultant's input and as such DB shall coordinate a five (i) Working
Day review by its Consultant
122.1 Substantiate Request. D!B shall include with each substitution request complete data substantiating
that the proposed substitution conforms to requirements of the Contract Documents.
1222 D/6 Representations. By submitting a substitution request, D/B is representing to City all of the
following: (i) DB has investigated proposed product and determined that in all respect the proposed
product meets or exceeds the specified product; (ii) D/B is providing the same waranty for the
proposed product as was available for the specified product; (iii) D/B shall coordinate installation and
make any other necessary modifications which may be required for work to be complete in all respects;
and (iv) DB shall waive any claims for additional costs related to the substituted product, unless the
specified product is not commercially available.
1223 Separate ifritren Request. City will not consider either substitutions that are implied in the product
data submittal without a separate written request or substitutions that will require substantial revision
of construction contract documenu.
]23 Samnles.
72.3.1 Postage. Samples shall be sent to D/B's office, carriage prepaid.
1232 Rei•ic~r. D/B shall famish to Ciry for review, prior to purchasing, fabricating, applying or installing,
(2) t+vo samples (other than field samples) of each required material with the required finish.
123:1.1 Where applicable, al] samples shall be 8" x l ll" in size and shall be limited in thickmess to a
minimum consistent with sample analysis. In lieu thereof the actual full-size item shall be
submitted.
123 22 D/B shall assisn a submittal number. DB shall include with each submission a list of all
samples sent, a statement as to dte usage of each sample and its location in the Project, the
name of the manufacturer, trade name, style, model, and any other necessary identifying
information.
12.3 23 All materials, finishes, and workmanship in the complete building shall be equal in every
respect to that of the reviewed sample.
1232.4 Ciry will remm one submitted sample upon completion of City review.
12.3 2.5 DrB's, or D/B's agent's, field samples shall be prepared at the site. Affected finish work shall
not commence until DB or its agents have been given a written review of [he field samples.
12.33 Not a Release oJLinbi(in•. City's review of samples in no way relieves D/B of D/B's responsibility for
construction of Project in full compliance wixh all Contract Documenu.
1?.4 Observe Testing. When appropriate, D!B shall witness testing and review materials and equipment testing
results and provide comments regarding conformance with specification requirements.
ARTICLE XIII. CHANGE ORDERS
13.1 When Required. Change Orders shall be required in the following instances:
13.1.1 GRIP. Any adjustment in GMP.
li.1 2 Cattrac! Tinre. Any adjustment in Contract Time of Completion Date.
13.13 Use of Contingence Fund. At any time D/B seeks to use the Contin_sency Fund, irespective of impact
on the GMP or Contract Time.
13.1.4 Ciry Requests. The City directs D/B to perform Additional Services.
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9-106
] 3.1.5 Other. Any other instance for which this Agreement expresses that a Change Order shall be used.
13 "? Process for Aooroval of Chance Orders. Within five (5) Calendar Days ofany event that gives rise to the
need for a Change Order; the D/B shall provide the Ciry with written notice of the need for the same. The
Change Order must indicate whether [he change will affect, in any way; by increasing or decreasing, the GMP,
Project Schedule, or project quality established during the design and submittal review process. in addition, it
shall be accompanied by a detailed and complete estimate of cost impact associated with the Change Order,
including all appropriate direct and indirect costs and credits. All such costs and credits shall be accurately
categorized into DB Fixed Fee, Reimbursable Costs or Hard Construction Costs. DB shall also provide City
with a realistic estimate of the impact, if any, the Change Order will have on the Contract Time.
13.2.1 Projecr lvlanager Approval. If the Change Order request does not result in an increase in the Estimated
Cost, the [INSERT WHO] shall either approve or reject the Change Order in writing within ten QO)
Working Days of receiving D/B's written notice, provided DB has submitted complete documentation
substantiating the need for such Change Order. If City fails to respond to D/B's written notice within
the ten (]O) Working Days, the Change Order request shalt be deemed denied.
13?. 2 Ciry Council Approva/. For Change Orders not subject to section 12?.1, Ciry Council approval is
required. The City Council may either approve, reject, or approve in part such Change Orders.
Council Approval shall not be subject to the ten (10) Working Day response time provided for in
section 12.3.1.
133 Written Aooroval of Change Orders. D/B shall not proceed on work requested under a Change Order,
absent written approval from the appropriate authority. Any Services or Work, which require t Ile approval of
a Change Order, perform by DB prior to approval shall not be reimbursed.
li.4 Failure to Aoree on Cost of Change Order or Time. In the event there is any disagreement or dispute
between the Parties as to whether the DB is en[d]ed to a Change Order, the amount of the Change Order or
any increase in Contract Time requested through the Change Order, the dispute shall be resolved by the
Director of Public Services. If the determination of the Director of Public Works is challenged, such challenge
shall be address in the manner identified in Section 29.17. DB shall not have the right to stop or delay in the
prosecution ofany services or work, including services or work that is the subject of the Change Order (if
directed by the City); pending file determination of the Director of Public Services or, if applicable, final
resolution. instead, D/B shall continue diligently prosecuting all such services and work.
13.4 Full Compensation. Payment to DB for Change Orders shall provide full compensation for all equipment,
materials, labor, field and home office overhead, mark-ups, and profit necessary to complete the work. By
executing a Change Order, the D/B or D/B's representative acknowledges that no additional compensation or
claims for items of work listed in the Change Order will be allowed.
13.5 Errors and Omissions. DB shall not be reimbursed for any costs or expenses of a Change Order resulting
from a design error or omission, DB`s negligence, or the negligence ofany of D/B's agents or subagents. DB
shall be reimbursed for any costs or expenses of a Change Order resulting from a design error or omission that
is the direct result of a City request for such design or omission. The Ciry reserves the right to seek
reimbursements for any funds used due to errors or omissions of the Design Consultants, D/B's negligence, or
the negligence of any of D/B's agents, or subcontractors.
13.6 City Refusal to Aonrove Change Order. D.B shall not have the right to terminate this Agreement for the
City's refusal to approve a Change Order pursuant to Sections 12?.1 or and 13?3 V
ARTICLE XfV. EXTRA WORK
14.1 City Authorih~ to Order Extra Worl:. City may a[ any time prior to Project Completion order Extra Rork
on the Project. The sum of all Extra Work ordered shall not exceed five percent (5%) of the Estimated Cost at
the time of the Bid Award, without invalidating this Agreement and without notice to any surety.
14.1.1 Requests in Ii%riring. All requests for Extra Work shall be in writing, shall be treated as, and are
subject to the same requirements as Change Orders. D/B shall not be responsible for failure to perform
Extra Work, which was requested in a manner inconsistent with this section.
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14 2 Bonds Required for Extra \\'ork. DB's and its agents' bonds, required under Article XXI V, shall cover any
Extra Work provided that the Extra Work is paid for by the Project Budget
14.3 Reimbursement for Extra Work Work performed by D/B as Extra Work is reimbursable in the same
manner descnbed in Article XVI. The Project contingency as described in Article X, will be used first to cover
the costs of Extra Work.
14.4 Markun. DB will be paid a reasonable allowance for overhead and profit for Extra Work. The allowance
shall not exceed five percent (5%) of the approved costs for the Extra Work.
ARTICLE XV. CHANGED CONDITIONS
1 S. 1 Chaneed Conditions. Changed Conditions shall be addressed under [he Greenbook section 3-4; however,
Parties acknowledge that even if Changed Conditions are found to be present, the Project shall not exceed the
GMP without express City Council approval of an increase to the Project Budget Absent such express
approval of additional funds, DB shall provide City with value engineering and Parties will return Project to
within the total Project cost.
ARTICLE XVI. PAYMENT TERMS
16.1 Pavment
16.1.1 Furrdsja~ Payment D/B shall only be entitled to payment for Services and Work
performed under [his A~eement from the funds appropriated for the Project.
16.12 M¢rinrum Pa~•menl. D/B shall be entitled to payment in an amount not to exceed the GMP or
subsequently approved increase in GMP. DB is not entitled to payment for unapproved expenses,
unapproved increases in costs, or other increases caused by DB negligence, omissions, or failure to
seek approval for additional or increased costs.
16.1.3 App7rcarion for Aa~•ment . DB shall submit to City a certificate and application for payment on or
before the 5°i day of each calendar month ('`Payment Application"). The Payment Application shall be
based upon the percentage of completion of the Schedule of Values plus any Reimburseable Costs, less
any payments previously made by the City, incurred or advanced for the Project for which D/B was
has not previously received payment. The Paytnent Application must include all relevant documents
in accordance with Section 15.1.6. if the City determines that all relevant documents have not been
submitted, City shall request that DB provide additional documentation. DB shall provide additional
documentation within ten (10) Working Days of request. City is not obligated to make payment to D/B
until Ciry has received all relevant documentation to support Reimbursement Request. After all
appropriate cost documentation has been received and City approves the Payment Application. City
shall make pa}intent to D/B of all uncontested charses within sixty (60) Calendaz Days of receipt of a
complete Payment Application.
16.1.1. I Withholding. From each pa}~nent, ten percent (]0%) will be deducted and retained by the
City, and the remainder will be paid in accordance with the terms and conditions of this
Agreement. No payment made to D/B or its sureties will constitute a waiver of any rights the
Ciry has under this Agreement. This section is not intended to limit any rights the City may
have under the Performance or Pa}intent Bond (n lieu of withholding retention under this
Agreement, at the election of D/B, City will deposit retention amountr into escrow and/or the
substitution of securities for money as provided m California Public Contract Code Section
23300.
16.13. 3Payment of Withholding. The City will pay the D/B for the amounts withheld forty-five (45)
Calendar Days from recordation of the Notice of Completion, providing that no Stop Notices
or Mechanic's Liens have been filed since the recordation of the Notice of Completion.
16.1.52.1 Wltere a Stop Notice or Mechanic's Lien has been filed following the recordation of
the Notice of Completion, the amount in controversy shalt continue to be withheld
until a fully executed release of Stop Notice or Mechanic's Lien has been filed and
a conformed copy delivered to the Ciry.
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16.1.3. 3 Contested Charges Ln the event Ciry contests any charges contained in the Pa~rznent
Application, the dispute shall be resolved in the manner identified in Section 21.6. D/B shall
not have the right to stop or delay in the prosecution or any Services of Work, pending the
determination of the Director of Public Services or, if applicable, final resolution. Instead
D!B shall continue to diligently prosecute all Work and Services. Daring the time of the
dispute, the City shalt withhold the amount of the charge in question.
16.1.3. 4Cu[off for Submission of Reimbursement Requests. DB shall submit all Reimbursement
Requests within six (6) months of the date on which Final Completion occurs and City
accepts the Project. Any Reimbursement Request submitted after the Cutoff Date shall not be
reviewed or included N Reimbursable Cost.
16.1.4 Nerificatiorr ojReinrbursemenr Request. D/B shall supply documentation to support the
Reimbursement Request including, but not limited to; proof that all mechanic liens have been released.
copies of invoices received and copies of cancelled checks, substitute checks, or image replacement
documents showing that payment has been made in connection with the Reimbursement Request in the
following manner:
16.1.4. 1 D/B shall submit two (2) copies of a Reimbursement RequesY(cover letter, invoice, and
documentation) [o the City.
16.1.4.2Afrer review and approval, the City shall prepaze a memorandum to the Financing
Departrnent that the invoice is appropriate to pay. The memorandum shall indicate any costs
to be disallowed and the reason for the disallowance.
16.1.4. 3 Prior to the approval of the Reimbursement Request, City has the right to verif}' whether or
not the materials and work for which reimbursement is being requested have been installed
and performed as represented in the Reimbursement Request.
16.1 S Non-rerrn6ucrable Costs. Except to the extent that City expressly assumes the risk of loss under this
Agreement, City shall exclude from the amounts payable to DB the fair value, as determined by City,
of property that is destroyed, lost, stolen, or damaged rendering it undeliverable or unusable for City.
In addition, DB is not entitled to reimbursement for any cos[ or expenditure that has not been
approved by the City in the manner required by this Agreement or the Ciry Charter and rules,
regulations, or laws promulgated there-under.
ARTICLE XVII. INSPECTION
17.1 Insnection Team. The Project shall be inspected by a team composed of, at a minimum, the following: i.)
representatives of [he City, ii.) representative from DB's Desi_n Team, iii.) the Construction Manager, and
iv.Representative, (iii) D/B's Consultant(s), and (e) the D/B's construction superintendent [Inspection Team]
172 Insnection Sta?es. The Project sfiall be inspected by the Inspection Team at minimum during [he following
stages: (i) when required by code, (ii.) as directed by the "Special Inspections' provision, (iii) bi-+veekly.
173 Access. Cip•, its consultants, subcontractors, independent testing laboratories as well as other governmental
agencies with jurisdictional interests will have access at reasonable times with the project manager's approval
for this observation, inspecting and testing. D/B shall provide them proper and safe conditions for such access
and advise them of D/B's safety procedures and proerams so [hat they may comply.
17.4 Additional Inspections. City ~+'ill make, or have made, such inspections and tests; as the City deems
necessary to see that [he Work is being accomplished in accordance with the requirements of the Construction.
17.5 Notice. D/B shall give Ciry timely notice of readiness of the Work for all required on and off-site inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or
tests. D/B shall give a[ leas[ 24 hours notice for on-site inspection and fve (5) days notice for off-site
inspection.
17.6 Costs of Insnection. Unless otherwise specified, the cost of inspection and testing will be borne by the City.
Any expenses associated with re-inspection shall be borne by D/B.
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17.7 Concealing Work. Prior to concealing work, DB shall obtain approval of work from the City and as required
by all State Building Codes. City has the right to stop or suspend Work activities which will conceal or cover
up DB Wark product which is to be inspected or tested, or which will interfere with the inspection or testing
activities; for a reasonable time and DB will have no right to additional cos[ or time it may incur as a result of
the Work stoppage.
17.8 Defective Work. In the even[ such inspections or tests reveal non-compliance with the requirements of the
Construction Documents or defective work, the provisions and process of Article XXII shall apply.
17.9 Not a Waiver of Obligations. Neither observations by the Ciry nor inspections, tests, or approvals by City or
others shall relieve DB from DB's obligations to perform the Work in accordance with the Construction
Documents. This approval is general approval only and in no way relieves DB of its sole responsibilities under
this Agreement or any and all laws, codes, permits or regulations.
ARTICLE XVIII. PROJECT COMPLETION
18.1 Notice to Cih~. When D/B determines that the Project is complete, D/B shall notify the Ciry in writing of the
Projects status within seven (7) Calendar Days of the DB's determination. The notice shall certify to City that
the Project has been completed in accordance with the Construction Documents, all applicable building codes
and regulations, all permits, licenses, and certificates of inspection, use and occupancy, and ordinances reVating
to the Project.
181 Walk-Through Inspection. A preliminary Walk-Through Inspection shall be conducted by City within ten
(]0) Working Days following D/B's notice to Ciry of completion ("Wall:-Through Inspection"). The Walk-
Throueh Inspection will be conducted by the Inspection Team identified in Article XV1I, Section 16.1.
181.1 Punch List. A Punch List, if necessary, shall be prepazed by City during the Walk-Through Inspection.
The Punch List shall be presented to D/B by the RE within three (3) Working Days of the Walk-
Through Inspection. D/B shall correct the items listed on the Punch List within thirty (30) Calendaz
Days of receipt of the punch list and prior to the Final Inspection.
1 S21 Failure ro Identif~t~ lrenrs. As to any items not included on the Punch List or later discovered, nothing
in this section is intended to limit D/B's obligations under this Agreement and Ciry will maintain all
remedies available under this Agreement and the law.
183 Equipment Demonstration. Prior to final inspection, D/B shall demonstrate to Ciry the operation of each
system in the Project, and instruct City personnel in operation, adjustment and maintenance of equipment and
s}•stems, using the operation and maintenance data.
183.1 Startup. The D/B shall supervise, manage, and coordinate al! project startup and testing activities for
mechanical systems within the provisions of the project Contract Documents.
18.11 Reporting. The D/B shat] report progress of project startup and testing to the Ciry in a manner
consistent with the City's reporting system.
I8.4 Final inspection. Provided D/B has correctedthe Punch List items and notified the City of the correction
("Notice of Correction"), the Final Inspection for the Project shalt be scheduled and conducted within nineq~
(90) Calendar Days of the Notice of Correction.
ARTICLE X[X. PROJECT ACCEPTANCE AND FINAL COP1PLET[ON
19.1 .4cceptanee. Upon approval by the Inspection Team during the Final Inspection that Project improvements are
complete and that work required on the Punch List Itas been finished, City shall accept the Project
("Acceptance"). Upon Acceptance. D/B shall do all of the following:
19.1.1 Nolrce ofComplefion. D/B shall execute and file a Notice of Completion with the County Recorder of
San Dieeo Caunty and shall provide the ItE with a conformed copy of the recorded Notice of
Completion_
19.1.? Lien and A4alerial Releases. D/B shall cause all contractors and subcontractors to provide lien and
material releases as to the Project and provide copies of such lien and material releases to the City or,
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upon approval of City which shall not be unreasonably withheld, provide bonds in lieu of lien and
material releases in a form reasonably acceptable to City for all such work.
19? Final Comnletion. Final Completion of the Project shall be deemed to occur on the last date of the following
events: (i) recordation of the Notice of Completion with a conformed copy to City; (ii) submission of all
documents required to be supplied by DB to Ciry pursuant to this Agreement, including As-Built Drawings,
warranties, and operating and maintenance manuals; or issuance of a final certificate of occupancy.
192.1 As-Burlrs. City will evaluate the submitted As-Builts for accuracy and completeness and may return
comments. DB shall meet with City until all issues are resolved. Upon issue resolution, in
accordance with disputed work procedures in Section 21.6, DB shall submit a mylar set and three
(3) final blueline sets of As-Builts stamped by the architecUengineer ofrecord as required by law.
192 No Waiver. DB's oblisation to perform and complete the work in accordance +vith the Contract Documenu
shall be absolute. Neither recommendation of any progress payment or acceptance of work, nor any payment
by City [o DB under the Contract Documents, nor any use or occupancy of the Project or any part thereof by
City, nor any ac[ of acceptance by City, nor any failure to do act, nor any review of a shop drawing or sample
submittal, will constitute an acceptance of work, which is not in accordance with [he Contract Documents.
ARTICLE XX. PROJECT DELIVERABLES
20.1 Project Deliverables. Prior to Acceptance, D/B shall deliver all of the following to the City in the format
required: -
20.L1 .As-Burlrs. D/B shall provide As-Builts in 3 sets of paper and electronic format (pdf) or CAD files on
CD disks.
20.1.1.1 As-Builu shall show by dimension accurate to within one (1) inch, the centerline of each run
of conduits and circuits, piping, ducts, and other similar items as determined by City, both
concealed and visible. D/B shall clearly identify the item by accurate note such as "cast iron
drain," galvanized water, etc. D/B shall clearly show, by symbol or note, the vertical location
of the item ("under slab", "in ceiling', "exposed", etc.), and make all identification
- sufficiently descriptive that it may be related reliably to the specification. D/B shall
thoroughly coordinate all changes on the As-Builts making adequate and proper entries on
each page of specifications and each sheet of drawings and other documents where entry is
required to properly show the change.
20. 1.12 D/B shall include all of the following on [he As-Builu:
20.1.1 2.1 Depth of foundation in relation to finished first floor.
20. 1. ] 22 Horizontal and vertical locations of undereround utilities and appurtenances,
with references to permanent surface improvements.
20. 1.12.3 Locations of internal utilities and appurtenances, with references to visible and
accessible features of the structure.
20. l.] 2A Field changes of dimensions and details.
20. 1.1 25 Changes authorized by approved proposal requests, construction Change Orders,
discussion with City that resulted in any change/deviation from City's program,
specifications, approved plans, equipment or materials.
20.1.12.6 Details not issued with original Construction Drawings, desienPouild plans
defered approvals, etc.
20. L 1 2.7 Upon completion of work, obtain signature of licensed surveyor or civil engineer
on the Project record set verifying layout information.
20. I.1 2.8 Show locations of all utilities on-site with size, and type of pipe, if different than
specified, and invert elevations of pipe at major grade and alignment changes.
20. 1.12.9 The title "PROJECT RECORD" in 3/8" letters.
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20. 1.13 D/B shall maintain a set of As-Builts at the Project site for reference. D(B shall ensure [hat
changes to the As-Builts are made within twenty-four (24) hours after obtaining information.
Changes shall be made with erasable colored pencil (not ink or indelible pencil), shall clearly
describe the change by note (note in ink, colored pencil or rubber stamp) and by graphic line,
shall indicate the date of entry, shall circle the area or areas affected and, in the event of
overlapping chanties, use different colors for each change.
20.12 Operatiat and Maintenmse h4ont+als. D/B shall submit all Operation and Maintenance manuals
prepared N the follox~ing manner:
30.12. I In ttiplicate, bound in 8'/ x 11 inch (216 x 279 mm) three-ring size binders with durable
plastic covers prior [o City's Final Inspection.
20.12.2 A separate volume for each system, including but not limited to, mechanical, electrical,
plumbing, roofing, irrigation, and any other system as determined by City, with a table of
contenu and index tabs in each volume as follows:
20. 12.2.1 Part 1: Directory. listing names, addresses, and telephone numbers of D/B's
subcontractor, agents, suppliers, manufacturers, and installers.
20. 12.22Part 2: Operation and Maintenance Instructions, arranged by specification
di~~sion or system. For each specification division or system, provide names,
addresses and telephone numbers of DB's agents, suppliers, manufacturers, and
installers. In addition, list the following: (i) appropriate design criteria; (ii) list of
equipment; (iii) parts list; (iv) operating instructions;(v) maintenance instructions,
equipment; (vi) maintenance insWCtions, finishes; (vii) shop drawings and
product data; and (viii) wattanties.
202 Otvnershio of Protect Deliverables. Upon Final Completion or Termination, Project Deliverables shall
become the property of the City. D/B and Ciry mutually agree that the Contract documents for the Project
shall not be used on any other work without the consent of each Patty. Assemble and deliver to Ciq' upon
Final Completion all records, documents, warranties, bonds, guarantees, maintenance! service contracts, and
maintenance and operating manuals
ARTICLE XXL WARRANTIES
21.1 Warranties Reguired. D/B shall provide and require its agents to provide the wartanties listed below. This
warranty requirement is not intended to exclude, and shall not exclude, other implicit or explicit wartanties or
guarantees required or implied by law.
31.1.1 Aaterials and li'orAmmrship. D/8 shall guarantee, and shall require its agents to guarantee, all work
on the Project against defective workmanship and materials furnished by D/B for a period of two (2)
years from the date of ProjecPs Final Completion. D/B shall replace or repair any such defective work
in a manner satisfactory to City, after notice to do so from City, and within the time specified in the
notice.
21.12 New A4areria/s and E9xipnrenr. D/B shall wartant and euamntee, and shall require its agents to
warrant and guarantee, to City that all materials and equipment incorporated into the Project are new
unless othenvise specified.
2L13 Design, Caurructiorv, and Orher Dejecrs. D/B shall warrant and guarantee, and shall require its agents
to warrant and guarantee to City that all work is in accordance with the Plans and Specifications and is
not defective in any way in design, construction or othenvise.
312 Form and Content. Except manufacturers standard printed wartanties, all warranties shall be on D/B`5 and
D/B's agent's, material supplier's, installers or manufacturer's own letterhead, addressed to City. All
warranties shall be submitted in the format specified in this section, modified as approved by City to suit the
conditions pertaining to the warranty.
312.1 Durab/e Binder. Obtain warranties, executed in triplicate by D/B, DB's agents, installers, and
manufacturers. Provide Table of Contents and assemble in binder with durable plastic cover.
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272:1 Table oJCoraents. A11 warranties shall be listed and t}Pewritten in the sequence of the Table of
Contents of the Project manual, with each item identified with the number and title of the specification
section in which specified, and the name of product or work item.
212.3 Index Tabs. Separate each warranty with index tab sheets keyed to the Table of Contents listing.
212.4 Detail. Provide full information, using separate typewritten sheets, as necessary. List DB's agents,
installer, and manufacturer, with name, address and telephone number of responsible principal.
Z 125 11'm•ra:ry~ Start Dare. Except for items put into use with D/B's permission with date mutually weed
upon in writing, leave date of beginning of time of warranty open until the date of Final Completion.
212.6 Signahrre mtd Arorari=attar. All warranties shall be signed and notazized. Signatures shall be required
from D/B's construction contractor and where appropriate, the responsible subcontractor.
213 Term of Warranties. Unless otherwise specified or provided by law, warranties shall extend for a term of
two (2) year{s) from the date of Final Completion.
20.3.1 Plmrts, Trees, artd Shrubs. Not .withstanding above, all shrubs and ground cover shall have a ninety
(90) Calendaz Day warranty period and trees shall have a one (]) year warranty period. All plant
warranties shall commence from the date of Final Completion.
21.4 Meetinos. During the nvo (2) year warranty period described in Section 20.3, D/B shall meet, and shall
require its design Consultant, construction contractor, and key subcontractors to meet, with the City
representatives, on a monthly basis, if requested by City. This meeting shall be held to discuss and resolve any
problems that City discovers in design, construction, or furnishing, fixtures, and equipment of the Project
during the two (Z) year warranty period.
21.5 Warranty Inspection. At 180 and 360 days following Final Completion, during the one-year general building
warranty period, DB shall inspect each component of the Project, identify items requiring repair, and oversee
and complete such repairs. Findings of such inspections shall be reported to the City.
ARTICLE XXll. DEFECTIVE WORK
22.1 Correction Removal. or Replacement. If within the designated warranty period, or such additional period as
may be required by law or regulation, the Project is discovered to contain Defective Work, the D/B shall
promptly and in accordance with the City's written instructions and within the reasonable time limiu stated
therein, either correct dre Defective Work, or if it has been rejected by Ciry, remove it from the site and replace
it with non-defective and conforming work.
222 Ciri's Rioht to Correct. If circumstances warrant, including but not limited to an emergency or D/B's failure
to adhere to section 21.1, City may correct, remove, or replace the Defective Work. In such circumstances.
D/B shalt not recover costs associated with the Defective Work and shall reimburse the City for all City's
costs, whether director indirect, associated with the correction or removal and replacement.
223 Non-Reimbursable Costs. All costs incurred by D/B or D/B's agents to remedy defects are non-reimbursable
costs. If the City has already reimbursed the D/B for the defective. work, City is entitled to an appropriate
decrease in Reimbursable Costr, to withhold a setoff against the amount, or to make a claim against D/B's
bond if DB has been paid in full.
22.4 Extension of Warranty. When Defective +T'ork, or damage therefrom; has been corrected, removed, or
replaced during the warranty period, the two (2) year, or relevant watnnry period, will be extended for an
additional two (2) years from the date of the satisfactory completion of the correction, removal, or replacement.
325 No Limitation on other Remedies. Exercise of the remedies for defects pursuant to this Article shall not limit
the remedies City may pursue under this Agreement or law.
22.6 Disputes. If D/B and City are unable to reach agreement on disputed work, Ciry may direct D/B to proceed
with the work and compensate D/B for undisputed amounts. Pa}'ment of disputed amounts shall be as later
determined by the Director of Public Services. If this decision is contested, the claims procedure in 29.17 shall
be folio+ved. D/B shall maintain and keep all records relating to disputed work for a period of three (3) years in
accordance with Article XXVIII.
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ARTICLE XXIII. MAINTENANCE OF LANDSCAPING & IRRIGATION WORK
33.1 Maintenance Period. If D/B is required to install or maintain landscaping and/or itrgation, DB shall provide
a maintenance period n~ltich shall begin on the first day after all landscape and irrigation work on the Project is
complete, checked, approved by City, and City has given written approval to begin the maintenance period,
and shall continue thereafrer for ninety (90) Calendar Days or until Project Acceptance, whichever is longer.
23? Maintenance Area. DB or D/B's Contractor shall maintain all involved areas of the Project.
23.3 Maintenance Required. D/B or D/B's Contractor shall conduct regular planting maintenance operations
immediately after each plant is planted. Plants shall be kept in a healthy, growing condition and in a visually
pleasing appearance by watering, pruning, mowing, rolling, trimming, edging, fertilizing, restaking, pest and
disease controlling, spraying, weeding, cleaning up and any other necessary operation of maintenance.
Landscape areas shall be kept free of weeds, noxious grass and all other undesired vegetative growth and
debris. DB or DB's Contractor shall replace all plants found to be dead or in an impaired condition within
fourteen (14) days. Maintenance shall also include the following: (i) Filling and replanting of any low areas
which may cause standing water, (ii) Adjusting of sprinkler head height and watering pattern; (iii) Filling and
recompaction of eroded areas; (iv) Weekly removal of trash, litter, clippings and foreign debris; (v) Inspecting
plants at least twice per week; {vi) Protecting all planting areas against traffic or other potential causes of
damage.
23.4 Landscape and trrioation Inspection. At the conclusion of the maintenance period, City shall inspect the
landscaping and irrigation to determine the acceptability of the work, including maintenance. This inspection
shall be scheduled with nvo (2) weeks notice, a minimum of ninety (90) Calendar Days after the plant
maintenance period commencement, or when the D/B or D/B's contractor notifies the City that they are ready
for the final inspection, whichever comes last. The City will notify DB of all deficiencies revealed by the
inspection before acceptance,
23.5 Extension of Maintenance Period. DIB shall extend completion of the maintenance period when, in City's
opinion, improper maintenance and/or possible poor or unhealthy condition of planted material is evident at the
termination of the scheduled maintenance period. D/B shall be responsible for additional maintenance of the
work until all of the work is completed and acceptable. Additional cosu for failure to maintain landscaping
during the Maintenance Period are not Reimbursable Costs.
23.6 Replacement. Plants found to be dead or not in a vigorous condition, or if root balls have been damaged,
within the installation, maintenance and guarantee periods. shall be replaced within fourteen (14) Working
Days of notification by City. DB shall include, at D/B's or D/B's Contractor's expense, a timely written
diagnosis ofplant health by a certified Arborist, should a dispute arise. Arborist's report shall indicate reason
for lack of vigor, potential remedies, if any, and estimate of time required to regain vigor and specified size.
23.6.1 Same Kind and Sise. Plants used for replacement shall be same kind and size as specified and shall be
furnished, planted and fertilized as originatly specified. Cost of all repair work to existing
improvements damaged during replacements shall be borne by D/B and shall not be Reimbursable
Costs.
ARTICLE XXIV. BONDS
24.1 Payment Bond. DB shall provide or require its Construction Contractor to provide City with a Payment
(material and labor) Bond in favor of City for one hundred percent (] 00%) of the Hard Construction Costs.
24? Performance Bond. DB shall provide or require its Construction Contractor to provide City with a FaiCliful
Performance Bond in favor of the City for one hundred percent (100%) of the GMP.
243 Term. The Payment Bond shall remain in full force and effect at least until the Project is accepted by the City
and all claims for materials and labor are paid, for a minimum of forty-five (45) Calendar Days after the filing
of the Notice of Completion, except as othern~ise provided by law or regulation. The Performance Bond shall
remain in full force for thirty (30) Calendar Days following the filing date of the Notice of Completion and
Acceptance, a[ which time it will convert to a ten percent (I O%) warrant}' bond, which shall remain in place
until the end of all warranty periods set forth in this Agreement.
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24.4 Certificate of Aeencv. All bonds signed by an agent must be accompanied by a certified copy of such a_eenYs
authority to act.
24.5 Licensine and Rating. The bonds shall be duly executed by responsible surety companies admitted to do
business in the State of California, licensed or authorized in the jurisdiction in «'hich the project is located to
issue bonds for the limits required by this agreement, listed as approved by the United States Departrnent of
Treasury Circulaz 570, and whose underwriting limitation is sufficient to issue bonds in the amount required by
this agreement and which also satisfy the requirements stated in Section 995.660 of the Code of Civil
Procedure, except as provided otherwise by laws or regulations, secured through an authorized agent with an
office in Califomia, and have a minimum AM Best rating of "A--".
24.6 Form. All bonds shall be in the form prescribed by City Attorney.
24.7 Insolvenev or BanL'ruotev. If the surety on any bond furnished by the Construction Contractor is declared
bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the
Project is located, D/B shall within seven (7) Calendaz Days [hereafter substitute or require the substitution of
another bond and surety, acceptable to the City.
ARTICLE XXV. INDEMNITY & DUTY TO DEFEND
25.1 Indemnity Defense and Hnld Harmless -General Requirement. Except for liability for Professional
Services covered under Section 243, D/B shall defend, indemnify, protect and hold harmless the City, its
elected and appointed officer and employees, from and against any and all claims, demands, causes of action,
costs, expenses, Liability, loss, damage or injury, in law or equity, to property or persons, including wrongful
death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct
of D/B, its officials, officer, employees, agents, and contractors, arising out of or in connection with [he
performance of the Defined Services or this Agreement. This indemnity provision does not include any
claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the
sole negligence or sale willful misconduct of the City, its officers, employees. Also covered is liabiliq• arising
from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of
the City, its agents, officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the D/B, its employees, agenu or officers, or any third part}•.
253 Professional Sen•ices. For those professionals who aze required to be licensed by the state (e.g. architects,
landscape architects, surve}•ors and engineers) ("Design Professionals"), Design Professionals shall defend,
indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from
any and al] claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or
equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating
to any negligence, error or omissions, recklessness, or willful misconduct of Design Professional, its officials,
officers, employees, agents, D/Bs, and contractors arising out of or in connection with the performance of the
Desien Professional's Services. Also covered is liability arising from, connected with, caused by, or claimed [o
be caused 6y the active or passive negligent acts or omissions of the City, its agents, officers, or employees
which may be in combination with the active or passive negligent acts or omissions of the Design Professional,
its employees, agents or officers, or any. third party. The Design Professional's duty to indemnify, protect and
hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful
misconduct of the City. its agents, officers or employees. This section in no way alters, affects or modifies the
Desien Professional's obligation and duties under this Agreement.
253 Indemnification for Liens and Ston Notices. The D/B shall keep the Project and Property free of any
mechanic's liens and immediately secure the release of any stop notices. The D/B shall defend, indemnify;
proteck and hold harmless, the City, its agents, officers and employees from and against any and all liabilit}•,
claims. costs, and damages; including but not limited to, attomey fees, arising from or attributable to a failure
to pay claimants. D/B shall be responsible for payment of all persons entitled to assert liens and stop notices.
25.4 Indemnification for Hazardous Materials. D!B agrees to defend, indemnify, and hold harmless; the City, its
agents, officers and employees from and against any and all costs, damages, claims, and liabilities, including
reasonable attomey fees, foreseeable or unforeseeable, directl}• or indirectly, arising Gom or related to the
1-fazardous Materials identified in the Phase 1 or Phase 11 Reports. if any, conducted pursuant to Article V.
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DB's indemnity shall survive the close of escrow. Seller expressly preserves its rights against other parties
and does not release, or waive its rights to contribution against, any other party.
25.5 Costs of Defense and Award. Included in the obligations in Sections 24. ] through 24.A, above, is the D/B's
obligation to defend, at DB`s own cost, expense and risk, any and all aforesaid suiu, actions or other legal
proceedings of every kind that maybe brought or instituted against the Ciry, its directors, officials, officers,
employees, agents and/or volunteers. D/B shall pay and satisfy any judgtttent, award or decree that may be
rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all
legal expense and cost incurred by each of them in connection therewith.
25.6 Insurance Proceeds. DB's obligation to indemnify shall not be resVicted m insurance proceeds, if any,
received by the City, its directors, officials, officers, employees, agents, and/or volunteers.
25.7 Enforcement Costs. DB a~ees to pay any and all costs Ciry incurs enforcing the indemnity and defense
provisions set forth in this Article XXV.
25.8 Survival. Consultants obligations under this Article XXV shall survive the termination of this Agreement.
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ARTICLE XXV1. INSURANCE
26.1 General. DB shall not begin work wder this Agreement until it has: (i) obtained, and upon the City's request
provided to the City, insurance certificates reflecting evidence of all insurance required in section ?52; (ii)
obtained City approval of each company or companies; and (iii) confirmed that al] policies contain the specific
provisions required by section 25.4.
262 Types of Insurance. At all times during the term of this Agreement, D1B shall maintain insurance coverage as
follows:
263.1 Conanercia! General Liability. Contractor shall provide at its expense a policy or policies of
Commercial General Liability [CGLJ Insurance written on an ISO Occurrence form CG 00 O] D7 98 or
an equivalent form providing coverage a[ least as broad and which shall cover liability arising from
premises and operations, XCU (explosions, underground, and collapse) independent contractors,
products completed operations, personal injury and advertising injury, bodily injury, property damage,
and liability assumed wder an insured's contract (including the tort liability of another assumed in a
business contract). There shall be no endorsement or modification of the CGL Insurance limiting the
scope of coverage for either "insured vs. insured" claims or contractual-liability. Contractor shall
maintain the same or equivalent CGL Insurance as described herein for at least ten (10) yeazs
following substantial completion of the work. All costs of defense shall be outside the policy limiu.
The Policy shall provide for coverage in amounts not less than hvo million dollars (52,D00,000) per
occurrence for Bodily Injury, Personal Injury, or Property Damage. If Commercial General Liability
Insurance or other form with a general aggregate limit shall apply sepazately to this projecUlocation,
the general aggregate limit shall be rivice the required occurrence limit.
2633 Canmercial Automobile Liability. For all of D/B's automobiles used in conjwction with [he Project
including owned, ]tired and non-owned automobiles, DB shall keep in full force and effect, a policy or
policies of Commercial Automobile Liability Insurance vnitten on an ISO form CA 00 Ol ]2 90 or a
later version of this form or equivalent form providing coverage at least as broad in the amount of one
million dollars ($1,000,000) combined single limit per occurrence, covering bodily injury and property
damage for owned, non-ottmed and hired automobiles ["Any Auto"]. All costs of defense shall be
outside the policy.
263.3 .4rchilects and Engineers Professional Liability. For all of D/B's employees who are subject to this
Agreement, D!B shall keep in full force and effect, or D/B shall require that its architecUengineer(s) of
record keep in full force and effect errors and omissions insurance providing coverage for professional
liability with a combined single limit of one million dollars (S1,ODO,OOD) per claim and rivo million
dollazs ($2,000,000) annual aggregate. D/B shall ensure both that (i) this policy retroactive date is on
or before the date of commencement of the Project; and (ii) this policy has a reporting period of three
(3) years after the date of completion or termination of this Agreement. DB agrees that for the time
period defined above, there will be no changes or endorsements to [he policy that increases the City's
- exposure to loss.
262.4 Excess Liabili0~. DB shall provide Excess Liability Insurance affording three million dollars
(53,000,000) [Generally Check ~cidr Rislq in excess of General Liability and Employers Liability
limits afforded on primary policies. The coverage will be subject to the same terms, conditions, and
exclusions found in [he primary policies.
26.25 Contractors PoAurion Liobilih'. [f the DB or its Contractors' Work includes cleanup, removal,
storage, or otherwise handling of hazardous or tonic chemicals, materials, substances, or any other
pollutants, Contractor shall provide at their expense Contractors Pollution Liability Insurance
appropriate to cover such activities in an amowt not less than 53,000,000 Combined Single Limit per
occurrence/aggregate for bodily injury, property damage and remediation.
262.5.1 Claims made policies will include a five (~) year Extended Claims Discovery Period
applicable to this Agreement, if reasonably available.
26252 The policy for [his insurance shall include Contractual Liability coverage. Such policy shall
be endorsed to specifically provide for Work performed under the Agreement.
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261.5.3 The D/B or its Contractors of any tier shall famish to the Ciry a policy or Certificate of
Contractors Pollution Liability Inswance in which the City, its elected and appointed
officers, employees, and agents, and [he D/B are named as additional insureds. The policy or
Certificate must plainly designate the name of the Project, name of the Disposal -Site, and
the permits secured for its disposal. This Certificate must be famished to the Ciry,
evidencing compliance with the outlined requirements, prior to the D/B or Contractor
beginnine they Work on the Project. Any failwe to famish this policy or Certificate of
Inswance shall no[ relieve the D/B or Contractor from their obligations under this Section.
261.6 Ha:m•dosa Ti~onsponers Polk~tiwt Liabili0~. If the DB's or its contractors' Work includes
transportation of hazardous or toxic chemicals, materials, substances or any other pollutants the D/B
or its Contractor of any tier shall provide, at their expense, Transporters Pollution Liability Inswance
in an amount not less than 53,000;000 Combined Single Limit per occurrence/Aggregate for bodily
injury, property damage and remediation.
26.2.6.1 Claims Made policies will include a five (5) year Extended Claims Discovery Period
applicable to this Agreement, if reasonably available.
26.2.61 Such policy shall be endorsed to specifically provide coverage for Work performed under
this Agreement. The D/B or its contractors of any tier shall furnish the City with a policy or
Certificate of Hazardous Transporters Pollution Liability Insurnnce in which the City, its
elected and appointed officers and employees, and agents, the D/B, and any upper tiered
contractor are named additional insureds.
261.6.3 The policy or Certificate must plainly designate the name of the Project, name of the
Disposal Site, and the permits secured for its disposal. Tltis Certificate must be famished to
the City, evidencing compliance with the outlined requirements, prior to the D/B or
Contractor beginning their Work on the Project. Any failwe to famish this policy or
Certificate of Inswance shall not relieve the D/B or Contractor from their obligations under
this Section.
262.7 il'orker's Cmnpensotrav. For all of D/B's employees who are subject to this Agreement and to the
extent required by the State of California, D/B shall keep in full force and effect, a Workers'
Compensation Insurance and Employers' Liability Insurance to protect D(B against all claims under
applicable state workers' compensation laws. The City, its elected officials, and employees will not be
responsible for any claims in law or equity occasioned by the failure of the D/B to comply with the
requirements of this section. That policy shall provide a[ least the statutory minimums of one million
(51,000,000) for Bodily Injury by Accident for each accident, one million dollars (S1,OOQ000) for
Bodily Injury by Disease each employee, and a one million dollws (51,000,000) for Bodily Injury by
Disease policy limit.
261.2 1 Prior to the execution of the Agreement by the Ciry, the D/B shall file the following signed
certification:
°I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for workers compensation or to undertake self-
insurance, in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of the Contract"
26.2.8 Builder's Risk. To the extent commercially available, the City shall provide a policy of"all risk"
Builders Risk Insurance. D/B shall add City and its respective elected officials, officers, employees,
agents, and representatives to the policy as loss payees, to [he extent such insurance is commercially
available. Coverage will be provided for the Replacement Cost of Materials, Equipment and Fixtures
destined to become a permanent part of the structure, and coverage will include Property in Transit and
Property in Offsite Storase. D/B shall also add its construction contractor, and the construction
contractor's subcontractors to the policy as additional named insureds or loss payees, to the extent their
interest may appear. The limit for this policy shall be a minimum of 5 [INSERT] (GMP dollar amount
to reflect project soft and hard costs), It shall be D/B's responsibility to bear the expense of any
deductible. The Builders Risk covernge shall expire at the time such inswed property is occupied by
City, or a Notice of Completion is filed, whichever occurs first. Contractor and its Subcontractors will
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be solely responsible for any toss or damage to their personal property, including contractor's tools and
equipment owned, used, leased or rented by the Contractor or Subcontractor.
263 Rating Reouirements. Except for State Compensation [nstsartce Fund, all insurance requ"ved by express
provision of this Agreement shall be carried only by responsible insurance companies that have been given ai
least an "A" or "A-" and "V' rating by AM BEST, that are authorized by the California Insurance
Commissioner [o do business in the State of California, and that have been approved by [he City.
263.1 Non-Admitted Carriers. The Ciry ++'ill accept insurance provided bynon-admitted, "surplus lines"
carriers only if the carrier is authorized to do business in the State of Califomia and is included on the
List of Eligible Surplus Lines Insurers [LESLI list] With a current AM BEST rating of no less than
A:X.
26.4 Endorsements Required. Each policy required under Article XXVI, section 25? of this Agreement shall
expressly provide, and an endorsement shall be submitted to the Ciq~, that:
2b.4.1 Additional brsuredt. Except as to Architects and/or Engineers professional liability insurance and
Workers Compensation, the City of Chula Vista and its respective elected officials, officers,
employees, agents, and representatives shall be named as additional insureds.
26.4.1.1 Commercial General Liability. The policy or policies must be endorsed to include as an
Additional Insured the City of Chula V ista and iu respective elected officials, officers,
employees, agents, and representatives. Liability Additional Insured Endorsement must be
provided on 1S0 form CG 2010 (I I/SS) or equivalent, specifically, coverage afforded Ciry
must be Primary and must not exclude Completed Operations. The coverage for Projects for
which the Engineer's Estimate is one million dollazs ("~ 1,000,000) or more shall include
liability azising out of: (i) Ongoing operations performed D/B or an D/B's behalf, (ii) D/B's
products, (iii) D/B's work, including but not limited to complete8 operations performed by
DIB or on D/B's behalf, or (iv) premises owned, leased, controlled, or used by DlB; [he
coverage for Projects for which the Engineer's Estimate is less than one million dollars
($1,000,000) shall include liability arising out of: (i) Ongoing operations performed by D/B
or on D/B's behalf, (ii) D/B's products, work, including but not limited to completed
operations performed by D/B or on D/B's behalf, or (iii) premises owned, leased, controlled,
or used by you; Except that in connection with, collateral [o, or affecting any construction
contrzc[ to +vhich the provisions of subdivision (b) of Section 2782 of the Califomia Civil
Code apply, these endorsements shall not provide any duty of indemnity coverage for dre
active negligence of the City of Chula Vista and its respective elected officials, officers,
employees, agents, and representatives in any case where an agreement to indemnify the City
of Chula Vista and its respective elected officials, officers, employees, agents, and
representatives would be invalid under subdivision (b) of Section 2782 of the California
Civil Code. In any case where a claim or loss encompasses the negligence of the Insured and
the active negligence of the Ciry of Ciry of Chula Vista and its respective elected officials,
officers, employees, agents, and representatives that is not covered because of California
Insurance Code Section 11580.04, the insurer's obligation to the City of San Chula V ista and
its respective elected officials, officers, employees, agents, and representatives shall be
limited to obligations permitted by California Insurance Code Section 11580.04.
26.4.1.1 Commercial Automobile Liability Insurance. Unless the policy or policies of Commercial
Auto Liability Insurance are written on an ISO form CA 00 Ol 12 90 or a later version of this
form or equivalent form providing coverage at least as broad, the policy or policies must be
endorsed to include as an Additional Insured the City of Chula Vista and its respective elected
officials, officers, employees; agents, and representatives, with respect to liability arising out
of automobiles o++med, ]eased, hired or borrowed by or on behalf of the Contractor; Except
that in connection with, collateral to, or affecting any construction contract to which the
provisions of subdivision (b) of Section 2783 of the California Civil Code apply, this
endorsement shall not provide any duty of indemnity coverage for the active negligence of the
Ciry of Chula Vista and its respective elected officials, officers, employees, agents, and
representatives in any case where an agreement to indemnify dte City of Chula V ista and its
respective elected officials, officers, employees, agents, and representatives would be invalid
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under subdivision (b) of Section 2782 of the California Civil Code. In any case where a claim
or loss encompasses the negligence of the Insured and the active negligence of the Ciry of
Chula Vista and its respective elected officials, officers, employees, agenu, and
representatives that is not covered because of California Insurance Code Section 11580.D4,
the insurer's obligation to the City of Chula Vista and its respective elected officials, officers,
employees, agents, and representatives shall be limited to obligations permitted by California
Insurance Code Section 11580.04.
36.4? Primary and Non-Contrib:rron~. The policies are primary and non-contributing to any insurance or
self-insurance that may be carried by the Ciry of Chula Vista, its elected officials, officers, employees,
agents, and representatives with respect to operations, including the completed operations if
appropriate, of the Named Insured. Any insurance maintained by the Ciq~ of Chula Vista and its
elected officials, officers, employees, agents, and representatives shall be in excess of DB's insurance
and shall not contribute to it.
36.4.3 !fairer ojSnbrogarion. ConsultanYS insurer will provide a Waiver of Subrogation in favor of the City
for each required policy providing coverage for the term required by this A, Bement.
26.4.4 Project Cer:eral Aggregate Limit. The CGL policy or policies must be endorsed to provide a
Designated Construction Project General Aggregate Limit that will apply only to the Work performed
under this Agreement. Claims payments not arising from the Work shall not reduce the Designated
Construction Project General Aggregate Limit. The Designated Construction Project General
Aggregate Limit shall be in addition to the aggregate limit provided for the products-completed
operations hazard.
26.4.1 lih•itten Notice. Except as provided for under California law, the policies cannot be canceled, non-
renewed or materially changed except after thirty (30) Calendar Days prior written notice by DB to
the City by certified mail, as reFlected in an endorsement which shall be submitted to the City, except
for non-payment of premium, in which case ten (10) Calendar Days notice shall be provided.
26.4.3. ] The words °tvill endeavor' and "but failure to mail such notice shall impose no obligation or
liability of any kind upon the company, its agents, or representatives' shall be deleted from
all certificates.
26.4.6 Addirianol /asurmrce. D/B may obtain additional insurance not required by this Agreement.
26.4.7 Prior ro Starting 11'ork. Before performing any work, D/B shall provide the City with all Certificates
of Insurance accompanied by all endorsements.
26.5 Subcontractors. All coverages for subcontractors or subconsultants shall be subject to all of the requirements
stated herein. Subcontractors and subconsultants shall be protected against risk of loss by maintaining
insurance in the categories and at [he limits required herein. Subcontractors and subconsultants shall name
Ciry and D/B as additional insureds under its policies.
26.6 Obligation to Provide Documentr. The DB shall provide copies of documents including but not limited to
certificates of insurance and endorsements, and shall furnish renewal documentation prior to expiration of
insurance. Each required document shall be signed by the insurer or a person authorized by the insurer to bind
coverage on its behalf. The City reserves the right to require complete, certified copies of all insurance policies
required herein.
26.6.1 Cooperorion. The DB and its Contractors shall cooperate fully with and provide any information or
records requested by the Ciry or regarding all aspects of the insurance and project, including but not
limited to claims, audit, payroll, insurance records and safety. Delays in reporting information to the
City may result in delays in progress payments to the D/B.
26.7 Deductibles/Self Insured Retentions. All deductibles and self-insurance retentions on any policy shall be the
responsibility of D/B. Deductibles and self-insurance retentions shall be disclosed to and approved by the City
at the time the evidence of insurance is provided. At the option of the Ciry, either: the insurer shall reduce or
eliminate such deductibles orself-insured retentions as respects the Ci[y, its officers, officials, employees and
volunteers; or the D/B shall provide a financial guarantee satisfactory to the City guaranteeing payment of
losses and related investigations, claim administration and defense expenses.
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26.8 Policy Chanties. DB shall not modify any policy or endorsement thereto which increases the City's exposure
to loss for the duration of this Agreement.
26.9 Reservation of Rights. The Ciry reserves the right, from time to time, to review the Contracror's insurance
coverage, limits, deductible and self-insured retentions to determine if they aze acceptable to the City. The Ciry
will reimburse the Contractor for the cost of the additional premium for any coverage requested by the City in
excess of that requ'ved by this Agreement without overhead, profit, or any other mazltup.
26. t0 Not a Limitation of Other Oblisations. Insurance provisions under this section shall not be construed [o
limit the DB's obligations under this Agreement, including Indemnity.
26.I 1 Material Breach. Failure to maintain, renew, or provide evidence of renewal during the term of this
.Agreement maybe vested by the City as a material breach of contrnct.
ARTICLE XXVII. TERMINATION/SUSPENSION OF WORK
27.1 Suspension of Work for Archaeological and/or Paleontological Discoveries. If a discovery is made of an
archaeological or paleontological interest, D/B shat] immediately cease operations in the area of the discovery
and shall not continue until ordered by Ciry. When resumed, operations within the area of the discovery shall
be as directed by City. '
27.1.1 Discoveries which may be encountered may include, but are not be limited to, dwelling sites, stone
implements or other artifacts, animal bones, human bones, fossils or any item with cultural
significance.
27.12 D/B shall be entitled to an extension of time and compensation in accordance with the provisions of
this Agreement.
272 Termination of Agreement by City for Cause. lf. through any cause, D/B shall fail to fulfill in a timely and
proper manner D/B`s obligations under this Agreement, or if D/B shall violate any of the covenants,
conditions, agreements or stipulations of this Agreement, Ciry shall have the right to terminate this Agreement
by giving written notice to DB of such termination and specifying the effective date thereof at least five (5)
Calendar Days before the effective date of such termination.
27.3 Termination or Suspension for Convenience by City. City may terminate or suspend this Agreement at any
time and for any reason, by giving specific written notice to D/B of such termination or suspension and
specifying the effective date thereof, at least seven (7) Calendar Days before the effective date of such
suspension or termination. In the event of an emergency, advance notice shall not be required under this
provision.
27.4 Termination of Agreement by D/B. DB may terminate the Agreement upon ten (ID) days written notice to
City, whenever either of the following occur:
27.4.1 Project Suspension. If the Project has been suspended under the provisions of Section 26.1 or 263, for
more than ninety (9D) consecutive days throutih no fault or negligence of D/6, and notice to resume
Wgrk or to terminate the Agreement has not been received from City within this time period; or,
27.42 Farlure ro Pay.9mounts Dare and Not in Dispute. If City fails [o pay D/B any monies due and not in
dispute in accordance with the terms of this Agreement within ninety (90) Calendar Days, plus the ten
(10) Calendar Days afforded the City to remedy the failure, after presentation to Cip• by D!B of a
request therefore.
27.5 D/B Action Required. Upon receipt of the Notice of Termination, D/B shall take any and all action that may
be necessary; or that the City Manager may direct, for the protection and presentation of the property related to
this Agreement [hat is in the possession of DB and in which City has or may acquire an interest.
27.6 Possession Ownership and Control of Documents. In the event that this Agreement is terminated in
accordance with Sections 262 through 26.4, all finished or unfinished documents, data, studies, drawin_tis.
maps; plans, specifications, reports and other materials prepared by D/B, or any of its agents, Design
Consultants or Subconvactors, shalt at the option of the City, become the sole and exclusive property of the
Ciry.
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27.7 City Right to Complete Protect In the event that the Agreement is terminated pursuant to this Article
XXV[l, City may take possession of the Project and may complete the Project by whatever method or means
City may select.
?6.7.1 Eecess Costs. in the event that the costs to complete the Project exceed the balance of funds, which
had the Project been completed in accordance with this Agreement would have been due, the D/B shall
be liable for and pay such excess costs to [he City.
27.8 Payment to D/B Due to Termination. Upon termination, D/B shall be entitled to receive just and equitable
compensation for satisfactory Work completed. In no event shall such amount exceed the total dollar amount
authorized by Ciry, reduced by the amount of pa}mtents previously made and any deductions permitted herein.
The fair and reasonable amount shall be determined in good faith by City considering the following:
27.8.1 The price for completed services accepted, including any retention, by City not previously paid.
27.8? The costs incurred in the performance of the Project terminated, including initial costs and preparatory
expense allocable thereto. These costs aze only for Worl: completed and accepted by the City based on
an audit of all Contractors' bills of materials and the timecazds for Work actually performed.
27.8.3 A portion of the DB Fixed Fee (overhead and profit) based on the percentage of Work completed on
the Project; however, if DB would have sustained a loss on the entire Agreement had it been
_ completed, Ciry shall allow no profit under this section and shall reduce the amount payable to reflect
the indicated rate of loss.
27.8.4 D/B and Design Subcontractor services through the date of termination based on actual time spent as
documented on timecards. Expenses shall be paid based on invoice and receipts provided by DB.
27.8.5 Any amoum for Work or Services agreed to by the City Manager and D/B, but withomt duplication of
any amounts agreed to above.
27.8.6 Reasonable demobilization costs, to the effective date of such termination.
27.8.7 If termination occurs during Phase I, II, or [II, DB shall only be entitled to the Fees for Phases I, II, or
III, associated t}teretvith; or the respective portion thereof.
27.9 Lost Profits. Under no circumstances will D/B be entitled to any consideration for lost profit or lost
opportunity costs.
27.lODeductions. The amount due D/B shall be reduced by amounts including the following:
26.10.1 Any claim that City has against D/B under this Agreement.
26.10.2 The agreed price for, or the proceeds of sale of, materials, supplies, or outer things acquired by DB or
sold under the provisions of this clause and not recovered by or credited to City.
26.10.3 Damages caused by D/B's breach, including Excess Costs pursuant to Section 26.7.1.
26.10.4 Property Destroyed, Lost. Stolen or Damaged. Except to the extent that City expressly assumed the
risk of loss, the City Manager shall exclude from the amounts payable to D/B, the fair value, as
determined by the City Manager, of property that is destroyed, IosL stolen, or damaged so as to
become undeliverzble to City
37. t I Disputes. If D/B does not agree that the amount determined by the Ciry Manager is fair and reasonable. D/B
shall within thirty (3 D) Calendar Bays of receipt of payment, shall gives notice of such disagreement to City.
The dispute shall be resolved in the manner provide for in Section 21.6.
27.12 Wainer of Claims. In the event of termination under this Article XXVI, failure of D/B to dispute amounts
paid in the manner and e~ithin the timefmme provided in Section 26.11 shall act as a waiver of any and all
claims for damages or compensation arising under this Agreement for any and ail Work and Services
performed under this Agreement up to the effective date ofNotice of Termination. D/B hereby expressly
acknowledges and agrees that such claims shall be waived as herein provided.
27.13Riohts of Ciri• Presen~ed. In the event that the Agreement bas been terminated, the termination shall not
affect any rights or remedies of City against D/B then existing or which may thereafter actrue. Any retention
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or payment of moneys due D/B by Ciry will not release D/B from liability. ]t is weed [hat termination
hereafter will not in any way release, waiver, or abridge any rights the City has against D/B's performance
bond surety.
ARTICLE XXVIII. RECORDS AND AUDITS
28.1 Record Svstem - Reimburseatrle Costs. DB shall develop and maintain an accurate system for tracking all
Reimbursable Costs. Utilizing this system, DB shall include with each month payment application an
itemization of all such Reimbursable Costs actually incurred by D/B, during the previous month. if requested
by the City, DB shall provide all backup documentation ~supportine such Reimbursable Costs.
28.2 Record Svstem -Hard Construction Costs. DB shall develop and maintain an accurate system for tracking
ail Hard Construction Costs it incurs on the Project. Utilizing this system, D/B shall include with each
monthly application for payment an itemization of all Hard Constroction Costs actually incurred by D/B during
the previous month.
28.3 Retention of Records. D,'B, contractors, and subcontractors shall maintain data and records related to this
Agreement for a period of not less than three (3) yeazs following receipt of ftnal payment under this Agreement
or three (3) years following final settlement associated with the termination of this Agreement pursuant to
Article XXVII, above.
25.4 Audit of Records. At any time during normal business hours, during the term of the contract plus and record
retention period and as often as the Ciry deems necessary, D/B and any or all Contractors or subcontractors
shall make available to the City for examination at reasonable locations within the City/County of San Diego
all of the data and records with respect to all matters covered by this Agreement. D,B and all contractors or
subcontractors will permit the Ciry to make audits of all invoices, materials, pa~TOlls, records of personnel, and
other data and media relating to all matters covered by this Agreement. If records are not made available within
the City/Count} of San Diego, then D/B shall pay all the City's travel related costs to audit the records
associated with this Agreement at the location where the records are maintained. Such costs will not be
Reimbursable Costs.
28 4.1 Costs. D/B and D/B's agents shall allow City to audit and examine books, records, documents, and any
and all evidence and accountine procedures and practices that Ciry determines are necessary to
discover and verify all costs of whatever nature, which are claimed to have been incurred, anticipated
to be incurred, or for which a claim for additional compensation or for Extra Work have been
submitted under this Agreement.
ARTICLE XXIX. NOTICES
29.1 Writine. Any demand upon or notice required or permitted to be liven by one Party to the other Party shall be
in writing.
29? Effective Date. Except in relation to Change Orders as provided for in section 28.4 or as otherwise provided
by late, any demand upon or notice required or permitted to be liven by one Party to the other Party shall be
effective: (i) on personal delivery, (ii) on the second business day after mailing by certified or registered U.S.
Mail, return receipt requested, (iii) on the succeeding business day after mailing by Express P4ail or after
deposit with a private delivery service of genera] use (e.g., Federal Express) postage or fee prepaid as
appropriate, or (iv) upon successful transmission of facsimile.
293 Recinients. Except in relation to Change Orders, all demands or notices required or permitted to be given
shall be sent to all of the following:
293.1
29.3.2
29.3..1
29.4 Recinients of Change Orders.
29.4.1
34
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29.4 ?
29.4.3
29.5 Change of Address(esl. Notice of change of address shalt be given in the manner set forth in this Article.
ARTICLE XXX. MISCELLANEOUS PROVISIONS
30.1 Headines. All article headings are for convenience only and shall not affect the interpretation of this
Agreement.
30:2 Gender & Number. Whenever the context requires, the use herein of (i) the neuter gender includes the
masculine and [he feminine Benders and (ii) the singular number includes the plurn3 number.
30.3 Reference to Paraeranhs. Each reference in this Agreement to a section refers, unless otherwise stated, to a
section in this Agreement.
30.4 Incomoration of Recitals. All recitals herein are incorporated into this Agreement and are made a part
hereof.
30S Covenants and Conditions. All provisions of this AgrBement expressed as either covenants or conditions on
the part of the City or the Consultant, shall be deemed to be both covenants and conditions.
30.6 Inteeration. This Agreement and the Exhibits and references incorpornted into this Agreement fully express
all understandings of the Parties concerning the matters covered in this Agreement. No change, alteration, or
modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their
officers, agents, or employees shall be valid unless made in the form of a written change agreed to in writing
by both Parties or an amendment to this Agreement agreed to by both Parties. All prior negotiations and
agreements aze merged into this Agreement,
30.7 Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not
render any any other provision of this Agreement unenforceable. invalid, or illegal.
30.8 Drafting Ambieuities. The Parties agree that they are aware that they have the right to be advised by
counsel with respect to the negotiations, terms and conditions of [his Agreement, and the decision of whether
or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility
of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the
extent to which each Party participated in the drafting of the Agreement.
30.9 Con0icts Behveen Terms. If an apparent conflict or inconsistency exists behveen the main body of this
Agreement and the L•xhibits, the main body of this Agreement shall control. if a conflict exists behveen an
appiicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule,
regulation, order, or code shall control. Varying degrees of stringency among the main body of this
Aereement, the Exhibits: and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most
stringent requirement shall control. Each Party shall notify the other immediately upon the identification of
any apparent conflict or inconsistency conceming this Agreement.
30.10 Promnt Performance. Time is of the essence ofeach covenant and condition set forth in this Agreement.
30.11 Good Faith Performance. The parties shall cooperate with each other in good faith, and assist each other in
the performance of the provisions of this AgrBement.
30.12 Further Assurances. City and D/B each agree to execute and deliver such additional documents as may be
required to effectuate the purposes of this Agreement.
30.13 Exhibits. Each of the following Exhibits is attached hereto and incorporated herein by this reference:
Exhibit A
Exhibit B
3~
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Exhibit C -
Exhibit D -
Exhibit E -
Exhibit F -
30.14 Compliance with Controlline Law. The Consultant shall comply with all laws, ordinances, regulations, and
policies of the federal, state, and local governments applicable to this Agreement, including California Labor
Code section 1720 as amended in 2000 relating to the payment of prevailing wages if stated in the IiFP,
during the design and preconstruction phases of a project, including inspection and land surveying work In
addition, the Consultant shall comply immediately whit all directives issued by the City or its authorized
representatives under authority of any laws, statutes, ordinances, rules, or regulations. The laws of the State of
California shall govern and control the terms and conditions of this Agreement.
30.1 i Jurisdiction. Venue. and Attorney Fees. The venue for any suit or proceeding concerning this Agreement,
the interpretation or application of any of its terms, or any related disputes shall be in the County of San
Diego, State of California. The prevailing Party in any such suit or proceeding shall be entitled to a
reasonable awazd of attorney fees in addition to any other award made th such suit or proceeding.
30.16 Municipal Powers. Nothing contained in this Agreement shall be constmed as a limitation upon the powers
of the City as a chartered city of the State of California.
30.17 Administrative Claims Requirements and Procedures. No suit of arbitration shall be brought arising out
of this agreement, against the City unless a claim has first been presented in writing and filed with the City
and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and procedures used by the City in the implementation
of same. Upon request by City, Consultant shall meet and confer in good faith with Ciry for the purpose of
resolving any dispute over the terms of this Agreement.
30.18 Third Party Relationships. Nothing in this Agreement shall create a contractual relationship between City
and any third parry; however, the Parties understand and agree that City; to the extent permitted bylaw, is an
intended third party beneficiary of ail DIB's contracts, purchase orders and other contracts between D/B and
third party services. DB shall incorporate this provision into its contracts, supply agreements and purchase
orders.
30.19 Non-Assitinment. The DB shall no[ assign the obligations under ibis Aereement, whether by express
assignment or by sale of the company, nor any monies due or to become due, without the City's prior written
approval. Any assignment iri violation of this paraeraph shall constitute a Default and is grounds for
immediate termination of this Agreement, at the sole discretion of the Ciry. In no event shall any putative
assignment create a contractual relationship beriveen the Ciry and any putative assienee.
30?0 Successors in Interest. This Agreement and all rights and obligations created by this Agreement shall be in
force and effect whether or not any Parties to the Agreement have been succeeded by another entity, and all
rights and obligations created by this Agreement shall be vested and binding on any Party's successor in
interest
30? 1 [ndenendent Contractors. The D/B, any consultants, contractors; subcontractors; and an}• outer individuals
employed by the D/B shall be independent contractors and not agents of the City. Any provisions of this
Agreement that may appear to give the City any right to direct the D/B concerning the details of performing
the Sen•icesnnder this Aereement, or to exercise any control over such performance, shall mean only that the
DB shall follow the direction of the City concerning the end results of the performance.
30.32 Approval. Where the consent or approval of a party is required or necessary underzhis Agreement, the
consent or approval shall not be unreasonably withheld.
30.23 No V1'aiver. No Failure of either the City or the Consultant to insist upon the strict performance by the other
of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy
consequent upon a breach of any covenant term, or condition of this Agreement, shall constitute a waiver of
any such breach of such covenant, term or condition. No waiver of any breach shall affect or alter this
36
9-125
Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to
any existing or subsequent breach.
1024 Sianin¢ Authority. The representative for each Party signing on behalf of a corporation, partnership, joint
venture or gov8mmental entity hereby declares that authority has been obtained to Bien on behalf of the
corporation, partnershiq joint venture, or entity and agrees to hold the other Party or Parties hereto harmless
if it is later determined that such authority does not exist.
IN WITNESS WHEREOF, this Agreement the City of Chula Vista and [INSERT] have executed this
Agreement thereby indicating that [hey have read and understood same, and indicate their full and complete consent
to its terms.
This A~ Bement is dated _.2010 and this date shall constitute the effective date of this
Aereement.
C[TY OF CFIULA VISTA, A Municipal Corporation [INSERT COMPANY]
By:
CHERYL COX, Mayor [NAME OF AUTHORIZED REPRESENTATIVE}
Approved as to form and legality:
BART MEISFELD, City Attorney
Dated , X010
37
9-126
ATTACHMENT D
PUBLIC AGENCY PIGGYBACK AGREEMENT
PUBLIC AGENCY RIGHTS
***to be submitted by ALL BIDDERS*`*
This bid is being conducted in accordance with the Municipal Code of the City of Chula
Vista and the Public Contracts Code of the State of California. It is the intent of the City
that this bid shall qualify for public agency use in accordance with California Government
Code Sections 6500-6512. It is intended that any other public agency (i.e., city, county,
district, public authority, public agency, municipality, or other political subdivision of
California) located in the County of San Diego shall have an option to participate in any
award made as a result of this solicitation. The City of Chula Vista shall incur no f nancial
responsibility in connection with orders issued by another public agency. The public
agency shall accept sole responsibility for placing orders or making payments to the
vendor. Selection of either option will have no effect on the award of this contract. This
option shall not be considered in the bid evaluation. State whether option is granted.
Yes[ ] No[ ]
23
9-127
ATTACHMENT E
SAMPLE SCHEDULE OF VALUES
24
9-128
EXHIBIT C
40
9-129
General Decision Number: CA120001 04/13/2012 CA1
Superseded General Decision Number: CA20100001
ste: California
Construction Types: Building, Heavy (Heavy and .Dredging),
Highway and Residential
County: San Diego County in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not
include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does
not include water well drilling); HIGHWAY CONSTRUCTION
PROJECTS; RESIDENTIAL CONSTRUCTION PROJECTS (consisting of
single family homes and apartments up to and including 4
stories)
Modification Number
0
1
2
3
9
Publication Date
01/06/2012
02/24/2012
03/02/2012
03/30/2012
04/13/2012
ASBE0005-002 06/28/2010
Rates Fringes
Asbestos Workers/Insulator
'.n dudes the application of
..11 insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 32.79 16.31
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls) ...........................$ 29.21 13.76
ASBE0005-009 06/28/2010
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)....$ 18.70 8.65
BOIL0092-003 05/01/2011
Rates Fringes
BOILERMAKER ......................$ 41.26 25.27
BRCA0009-008 11/01/2011
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Rates Fringes
BRICKLAYER; MARBLE SETTER........5 33.15 14.05
.~RCA0018-009 06/01/2011
Rates Fringes
MARBLE FINISHER ..................$ 28.02 12.22
TILE FINISHER ....................$ 27.80 12.54
TILE LAYER .......................$ 38.61 13.83
BRCA0018-010 09/01/2009
Rates Fringes
TERRAZZO FINISHER ............ ....$ 26.59 9. 62
TERRAZZO WORKER/SETTER....... ....$ 33.63 10. 96
CARP0409 -002 07/01/2008
Rates Fringes
Diver
(1) Wet ................. ....$ 663.68 9. 82
(2) Standby ............. ....$ 331.84 9. 82
(3) Tender .............. ....$ 323.84 9. 82
(9) Assistant Tender.... ....$ 299.84 9. 82
Amounts in "Rates' column are per day
--------------------------------------------------------
,.ARP0909-008 08/01/2010
Rates Fringes
Modular Furniture Installer......$ 17.00 7.41
CARP0547-001 07/01/2009
Rates Fringes
CARPENTER
(1) Bridge ................ .$ 37. 28 10. 58
(2) Commercial Building... .$ 32. 30 10. 58
(3) Heavy & Highway....... .$ 37. 15 10. 58
(9) Residential Carpenter. .$ 25. 84 10. 58
(5) Residential
Insulation Installer....... .5 18. 00 8. 16
MILLWRIGHT ...................... .$ 37. 65 10. 58
PILEDRIVERNAN ................... .$ 37. 28 10. 58
__ ______________ _ __
CARP0547-002 07/01/2009 __ ___ ______ _ ___
Rates Fringes
Drywall
(1) Work on wood framed
construction of single
Family residences,
apartments or condominiums
under Four stories
Drywall Installer/Lather.. .$ 21. 00 8. 58
Drywall Stocker/SCrapper.. .$ 11. 00 6. 67
(2) All other work
Drywall Installer/Lather.. .$ 27. 35 9. 58
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Drywall Stocker/Scrapper...$ 11.00
ELEC0569-001 12/02/2010
Rates
Electricians (Tunnel Work)
Cable Splicer ...............$ 41.98
Electrician .................$ 41.23
Electricians: (All Other
Work, Including 4 Stories
Residential)
Cable Splicer ...............5 37.40
Electrician .................$ 36.65
ELEC0569-005 06/01/2011
Rates
Sound & Communications
Sound Technician............$ 27.07
Soundman ....................$ 21.66
6.67
Fringes
3~+11.69
30+11.69
38+11.69
3%+11.69
Fringes
30+10.68
3~+9.04
SOUND TECHNICIAN: Terminating, operating and performing
final check-out
SOUNDMAN: Wire-pulling, splicing, assembling and installing
devices
SCOPE OF WORK Assembly, installation, operation, service and
maintenance of components or systems as used in closed
circuit television, amplified master television
distribution, CATV on private property, intercommunication,
burglar alarm, fire alarm, life support and all security
alarms, private and public telephone and related telephone
interconnect, public address, paging, audio, language,
electronic, background music system less than line voltage
or any system acceptable for class two wiring for private,
commercial, or industrial use furnished by leased wire,
frequency modulation or other recording devices, electrical
apparatus by means of which electricity is applied to the
amplification, transmission, transference, recording or
reproduction of voice, music, sound, impulses and video.
Excluded from this Scope of Work - transmission, service
and maintenance o£ background music. All of the above
shall include the installation and transmission over fiber
optics.
ELEC0569-006 12/01/2011
Work on street lighting; traffic signals; and underground
systems and/or established easements outside o£ buildings
Rates Fringes
Traffic signal, street light
and underground work
Utility Technician #1.......$ 27.90 7.94
Utility Technician #2.......$ 22.55 7.80
iREET LIGHT & TRAFFIC SIGNAL WORK:
OTILITY TECHNICIAN #1: Installation of street lights and
traffic signals, including electrical circuitry,
programmable controller, pedestal-mounted electrical meter
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enclosures and laying of pre-assembled cable in ducts. The
layout of electrical systems and communication installation
including proper position of trench depths, and radius at
duct banks, location for manholes, street lights and
traffic signals.
UTILITY TECHNICIAN #2: Distribution of material at jobsite,
installation of underground ducts for electrical,
telephone, cable TV land communication systems. The
setting, leveling, grounding and racking of precast
manholes, handholes and transformer pads.
ELEC0569-008 06/01/2011
Rates Fringes
ELECTRICIAN (Residential, 1-3
Stories) .........................5 22.37 38+2.90
ELEC1295-001 06/01/2011
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer. .$ 47 .87 13.87
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment).......... .$ 38 .23 12.80
(3) Groundman .............. .$ 29 .25 12.53
(9) Powderman .............. .$ 42 .75 12.97
HOLIDAYS: New Year's Day, M.L. King Day,Memorial Day,
Independence Day, Labor Day, veterans Day, Thanksgiving Day
and day after Thanksgiving, Christmas Day
----------------------------------------------------
ELEV0018-001 01/01/2012
Rates Fringes
ELEVATOR~MECHANIC ................$ 97.73 23.535
FOOTNOTE:
PAID VACATION: Employer contributes 8o of regular hourly
rate as vacation pay credit £or employees with more than 5
years of service, and 6o for 6 months to 5 years of service.
PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day,
Labor Day, Veterans Day, Thanksgiving Day, Friday after
Thanksgiving, and Christmas Day.
ENGI0012-003 07/01/2011
Rates Fringes
OPERATOR: Power Equipment
(A11 Other Work)
GROUP 1 .......... ..........$
GROUP 2 .......... ..........$
GROUP 3 .......... ..........$
GROUP 9 .......... ..........$
GROUP 5 .......... ..........$
GROUP 6 .......... ..........5
36.13 20.77
36.91 20.77
37.20 20.77
38.69 20.77
40.49 20.77
38.91 20.77
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GROUP B ................. ...$ 39.02 20.77
GROUP 9 ................. ...$ 40.82 20.77
GROUP 10 ................. ...$ 39.19 20.77
GROUP 11 ................. ...$ 40.99 20.77
GROUP 12 ................. ...5 39.31 20.77
GROUP 13 ................. ...$ 39.91 20.77
GROUP 19 ................. ...$ 39.99 20.77
GROUP 15 ................. ...5 39.52 20.77
GROUP 16 ................. ...$ 39.64 20.77
GROUP 17 ................. ...5 39.81 20.77
GROUP 18 ................. ...$ 39.91 20.77
GROUP 19 ................. ...$ 40.02 20.77
GROUP 20 ................. ...$ 40.19 20.77
GROUP 21 ................. ...5 40.31 20.77
GROUP 22 ................. ...$ 40.91 20.77
GROUP 23 ................. ...$ 40.52 20.77
GROUP 29 ................. ...5 40.64 20.77
GROUP 25 ................. ...$ 40.81 20.77
OPERATOR: Power Equipment
(Cranes, Fi ledriving &
Hoisting)
GROUP 1 ................. ...$ 37.48 20.77
GROUP 2 ................. ...$ 38.26 20.77
GROUP 3 ................. ...$ 38.55 20.77
GROUP 4 ................. ...$ 38.69 20.77
GROUP 5 ................. ...$ 38.91 20.77
GROUP 6 ................. ...$ 39.02 20.77
GROUP 7 ................. ...$ 39.14 20.77
GROUP 8 ................. ...$ 39.31 20.77
GROUP 9 ................. ...$ 39.48 20.77
GROUP 10 ................. ...$ 90.48 20.77
GROUP 11 ................. ...$ 91.48 20.77
GROOP 12 ................. ...$ 92.48 20.77
GROUP 13 ................. ...$ 93.48 20.77
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1 ................. ...5 37.98 20.77
GROUP 2 ................. ...$ 38.76 20.77
GROUP 3 ................. ...$ 39.05 20.77
GROUP 9 ................. ...$ 39.19 20.77
GROUP 5 ................. ...$ 39.91 20.77
GROUP 6 ................. ...$ 39.52 20.77
GROUP 7 ................ . . ..$ 39.64 20.77
PREMIOM PAY:
$3.75 per hour shall be paid on all Power Equipment Operator
work on the £ollowng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base,
Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics
Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material
environment: $2.00 per hour additional. Combination mixer
and compressor operator on gunite work shall be classified
as a concrete mobile mixer operator.
SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch
Witch, with seat or similar type equipment; Elevator
operator-inside; Engineer Oiler; Forklift operator
(includes Toed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant
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operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt-rubber plant operator (nurse tank operator);
Concrete mixer operator-skip type; Conveyor operator;
'i reman; Forklift operator (includes loe d, lull or similar
types over 5 tons; Hydrostatic pump operator; oiler crusher
(asphalt or concrete plant); Petromat laydown machine; PJU
side dum jack; Screening and conveyor machine operator (or
similar types); Skiploader (wheel type up to 3/9 yd.
without attachment); Tar pot fireman; Temporary heating
plant operator; Trenching machine oiler
GROUP 3: Asphalt-rubber blend operator; Bobcat or similar
type (Skid steer); Equipment greaser (rack); Ford Ferguson
(with dragt ype attachments); Helicopter radioman (ground);
Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or
similar type); Boring machine operator; Boxman or mixerman
(asphalt or concrete); Chip spreading machine operator;
Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable); Drilling machine
operator, small auger types (Texoma super economatic or
similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum); Equipment greaser (grease
truck); Guard rail post driver operator; Highline cableway
signalman; Horizontal Directional Drilling Machine;
Hydra-hammer-aero stomper; Micro Tunneling (above ground
tunnel); Power concrete curing machine operator; Power
concrete saw operator; Power-driven jumbo form setter
operator; Power sweeper operator; Rock Wheel Saw/Trencher;
Roller operator (compacting); Screed operator (asphalt or
concrete); Trenching machine operator (up to 6 ft.); Vacuum
or much truck
GROUP 5: Equipment Greaser (Grease Truck/MUlti Shift).
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete
joint machine operator (canal and similar type); Concrete
planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types
- Watson 1000 auger or similar types - Texoma 330, 500 or
600 auger cr similar types - drilling depth of 95'
maximum); Drilling machine operator; Hydrographic seeder
machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or
similar type; Machine tool operator; Maginnis internal full
slab vibrator, Mechanical berm, curb or gutter (concrete or
asphalt); Mechanical finisher operator (concrete,
Clary-Johnson-Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted);
Road oil mixing machine operator; Roller operator (asphalt
or finish), rubber-tired earth moving equipment (single
engine, up to and including 25 yds. struck); Self-propelled
tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator-bulldozer, tamper-scraper (single engine,
up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types); Tugger hoist operator (1
drum); Ultra high pressure waterjet cutting tool system
operator; Vacuum blasting machine operator
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GROUP B: Asphalt or concrete spreading operator (tamping or
finishing); Asphalt paving machine operator (Barber Greene
or similar type); Asphalt-rubber distribution operator;
Backhoe operator (up to and including 3/4 yd.), small ford,
:ase or similar; Cast-in-place pipe laying machine
operator; Combination mixer and compressor operator (gunite
work); Compactor operator (self-propelled); Concrete mixer
operator (paving); Crushing plant operator; Drill Doctor;
Drilling machine operator, Bucket or auger types (Calweld
150 bucket or similar types - Watson 1500, 2000 2500 auger
or similar types - Texoma 700, 800 auger or similar types -
drilling depth of 60' maximum); Elevating grader operator;
Grade checker; Gradall operator; Grouting machine operator;
Heavy-duty repairman; Heavy equipment robotics operator;
Kalamazoo balliste regulator or similar type; Kolman belt
loader and similar type; -Le Tourneau blob compactor or
similar type; Loader operator (Athey, Euclid, Sierra and
similar types); Mobark Chipper or similar; Ozzie padder or
similar types; P.C. slot saw; Pneumatic concrete placing
machine operator (Hackley-Presswell or similar type);
Pumpcrete gun operator; Rock Drill or similar types; Rotary
drill operator (excluding caisson type); Rubber-tired
earth-moving equipment operator (single engine,
caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. up to and including 50 cu.
yds. struck); Rubber-tired earth-moving equipment operator
(multiple engine up to and including 25 yds. struck);
Rubber-tired scraper operator (self-loading paddle wheel
type-John Deere, 1090 and similar single unit); Self-
propelled curb and gutter machine operator; Shuttle buggy;
Skiploader operator (crawler and wheel type over 1-1/2 yds.
up to and including 6-1/2 yds.); Soil remediation plant
operator; Surface heaters and planer operator; Tractor
compressor drill combination operator; Tractor operator
(any type larger than D-5 - 100 flywheel h.p. and over, or
similar-bulldozer, tamper, scraper and push tractor single
engine); Tractor operator (boom attachments), Traveling
pipe wrapping, cleaning and ben dng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner
attachment (over 6 ft depth capacity): Ultra high pressure
waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 9: Heavy Duty Repairman
GROUP 10: Drilling machine operator, Bucket or auger types
(Calweld 200 B bucket or similar types-Watson 3000 or 5000
auger or similar types-Texoma 900 auger or similar
types-drilling depth o£ 105' maximum); Dual drum mixer,
dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
patrol-blade operator (single engine); Multiple engine
tractor operator (Euclid and similar type-except Quad 9
cat.); Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Pneumatic pipe ramming tool
and similar types; Prestressed wrapping machine operator;
Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving
equipment operator (multiple engine,. Euclid, caterpillar
and similar over 25 yds. and up to 50 yds. struck), Tower
crane repairman; Tractor loader operator (crawler and wheel
type over 6-1/2 yds.); Woods mixer operator (and similar
Pugmill equipment)
GROUP 11: Heavy Duty Repairman - Welder Combination, Welder -
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Certified.
GROUP 12: Auto grader operator; Automatic slip form operator;
Drilling machine operator, bucket or auger types (Calwel d,
auger 200 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar
types - drilling depth of 175' maximum); Hoe ram or similar
with compressor; Mass excavator operator less tha 750 cu.
yards; Mechanical finishing machine operator; Mobile form
traveler operator; Motor patrol operator (multi-engine);
Pipe mobile machine operator; Rubber-tired earth- moving
equipment operator (multiple engine, Euclid, Caterpillar
and similar type, over 50 cu. yds. struck); Rubber-tired
self- loading scraper operator (paddle-wheel-auger type
self-loading - two (2) or more units)
GROUP 13: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single engine,
up to and including 25 yds. struck)
GROUP 19: Canal liner operator; Canal trimmer operator;
Remote- control earth-moving equipment operator (operating
a second piece of equipment: $1.00 per hour additional);
Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. and up to and including 50
yds. struck); Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)
GROUP 16: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine,
over 50 yds. struck); Rubber-tired earth-moving equipment
operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25
yds. and up to 50 yds. struck)
GROUP 17: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (multiple engine,
Euclid, Caterpillar and similar, over 50 cu. yds. struck);
Tandem tractor operator (operating crawler type tractors in
tandem - Quad 9 and similar type)
GROUP 18: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types);
Rubber-tired earth-moving equipment operator, operating in
tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds.and up to and including 50
cu. yds. struck); Rubber-tired earth-moving equipment
operator, operating in tandem (scrapers, belly dumps and
similar types in any combination, excluding compaction
units - multiple engine, up to and including 25 yds. struck)
GROUP 20: Rubber-tired earth-moving equipment operatgr,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, over 50 yds. struck); Rubber-tired
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earth-moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine,
Euclid, Caterpillar and similar, over 25 yds. and up to 50
-ds, struck)
GROUP 21: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over
50 cu. yds. struck)
GROUP 22: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, Caterpillar, Euclid, Athey wagon and
similar types with any and all attachments over 25 yds. and
up to and including 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating with the tandem
push-pull system (multiple engine, up to and including 25
yds. struck)
GROUP 24: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds.
struck)
GROUP 25: Concrete pump operator-truck mounted; Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck)
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS
GROUP 1: Engineer oiler; Fork lift operator (includes loe d,
lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A-frame or winch truck operator; Ros s. carrier
operator (j obsite)
GROUP 4: Bridge-type unloader and turntable operator;
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western
or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist
operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (Vagtborg and similar
types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar
type); Shovel, backhoe, dragline, clamshell operator (over
3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator
GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline,
clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
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GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to
and including 25 ton capacity); Shovel, backh oe, dragline,
clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including
50 tons mrc); Derrick barge operator (over 25 tons up to
and including 50 tons mrc); Highline cableway operator;
Hoist operator, stiff legs, Guy derrick or similar type
(over 25 tons up to and including 50 tons mrc); K-crane
operator; Polar crane operator; Self erecting tower crane
operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50
tons up to and including 100 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 50 tons up to
and including 100 tons mrc), Mobile tower crane operator
(over 50 tons, up to and including 100 tons M.R.C.); Tower
crane operator and tower gantry
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100
tons up to and including 200 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 100 tons up
to and including 200 tons mrc); Mobile tower crane operator
(over 100 tons up to and including 200 tons mrc)
GROUP 12: Crane operator (over 200 tons up to and including
300 tons mrc); Derrick barge operator (over 200 tons up to
and including 300 tons mrc); Hoist operator, stiff legs,
Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over
200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge
operator (over 300 tons); Helicopter pilot; Hoist operator,
stiff legs, Guy derrick or similar type (over 300 tons);
Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP l: Skiploader (wheel type up to 3/9 yd. without
attachment)
GROUP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck);
Slip form pump operator (power-driven hydraulic lifting
device for concrete forms); Tugger hoist operator (1 drum);
Tunnel locomotive operator (over 10 and up to and ir.clu ding
30 tons)
GROUP 5: Backhoe operator (up to and including 3/9 yd.);
Small Ford, Case or similar; Drill doctor; Grouting machine
operator; Heading shield operator; Heavy-duty repairperson;
Loader operator (Athey, Euclid, Sierra and similar types);
Mucking machine operator (1/4 yd., rubber-tired, rail or
track type); Pneumatic concrete placing machine operator
(Hackley-Presswell or similar type); Pneumatic heading
shield (tunnel); Pumpcrete gun operator; Tractor compressor
http://www.wdol.gov/wdol/scafiles/davisbacon/CAl.dvd'-~ 39 05/07/2012
drill combination operator; Tugger hoist operator (2 drum);
Tunnel locomotive operator (over 30 tons)
,ROUP 6: Heavy Duty Repairman
_tOUP 7: Tunnel mole boring machine operator
ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL County and the
portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as
defined below:
That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection
of I-15 and the California State line at that point which is
the NW corner of Section 1, T17N,m R19E, San Bernardino
Meridian. Continue W in a straight line to that point which is
the SW corner of the northwest quarter of Section 6, T27S,
R42 E, Mt. Diablo Meridian. Continue North to the intersection
with the Inyo County Boundary at that point which is the NE
corner of the western half of the northern quarter of Section
6, T25S, R42E, MDM. Continue W along the Inyo and San
Bernardino County boundary until the intersection with Kern
County, as that point which is the SE corner of Section 34,
T24S, R90E, MDM. Continue W along the Inyo and Kern County
boundary until the intersection with Tulare County, at that
point which is the SW corner of the SE quarter of Section 32,
T245, R37E, MDM. Continue W along the Xern and Tulare County
boundary, until that point which is the NW corner of T25S,
R32E, MDM. Continue S following R32E lines to the NW corner of
T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E,
7M. Continue S to the SW corner of T32 S, R31E, MDM. Continue
to SW corner of SE quarter of Section 34, T32 S, R30E, MDM.
Continue S to SW corner of T11N, R17 W, SBM. Continue E along
south boundary of T11N, SBM to SW corner of T11N, R7 W, SBM.
Continue S to SW corner of T9N, R7W, SBM. Continue E along
south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.
Continue S along west boundary of R1E, SMB to Riverside County
line at the SW corner of T1S, R1E, SBM. Continue E along south
boundary of Tls, SBM (Riverside County Line) to SW corner of
T15, R10E, SBM. Continue S along west boundary of R10E, SBM to
Imperial County line at the SW corner of T85, R10E, SBM.
Continue W along Imperial and Riverside county line to NW
corner of T9S, R9E, SBM. Continue S along the boundary between
Imperial and San Diego Counties, along the west edge of R9E,
SBM to the south boundary of Imperial County/California state
line. Follow the California state line west to Arizona state
line, then north to Nevada state line, then continuing NW back
to start at the point which is the NW corner of Section 1,
T17N, R14E, SBM
$1.00 additional per hour for portions of SAN LUIS OBISPO,
KERN. SANTA BARBARA & VENTURA as defined below:
That area within the following Boundary: Begin approximately 5
miles north of the community o£ Cholame, on the Monterey County
and San Luis Obispo County boundary at the NW corner of T25S,
R16E, Mt. Diablo Meridian. Continue south along the west side
of R16E to the SW corner o£ T30S, R16E, MDM. Continue E to SW
crner of T30S, R17E, MDM. Continue S to SW corner of T31S,
17E, MDM. Continue E to SW corner of T31S, R18E, MDM.
Continue S along West side of R18E, MDM as it crosses into San
Bernardino Meridian numbering area and becomes R30W. Follow
the west side of R30W, SBM to the SW corner of T9N, R30W, SBM.
Continue E along the south edge of T9N, SBM to the Santa
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Barbara County and Ventura County boundary at that point whch
is the SW corner of Section 34.T9N, R24W, SBM, continue S along
the Ventura County line to that point which is the SW corner of
*'~e SE quarter of Section 32, T7N, R29W, SBM. Continue E
zg the south edge of T7N, SBM to the SE corner to T7N, R21W,
~~M. Continue N along East side of R21W, SBM to Ventura County
and Kern County boundary at the NE corner of T8N, R21W.
Continue W along the Ventura County and Kern County boundary to
the SE corner of T9N, R21W. Continue North along the East edge
of R21W, SBM to the NE corner of T12 N, R21W, SBM. Continue
West along the north edge o£ T12N, SBM to the SE corner of
T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM
and T32S MDM]. Continue North along the East side of R21E, MDM
to the Kings County and Kern County border at the NE corner of
T25S, R21E, MDM, continue West along the Kings County and Kern
County Boundary until the intersection of San Luis Obispo
County. Continue west along the Kings County and San Luis
Obispo County boundary until the intersection with Monterey
County. Continue West along the Monterey County and San Luis
Obispo County boundary to the beginning point at the NW corner
of T25S, R16E, MDM.
$2.00 additional per hour for INYO and MONO Counties and the
Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary o£ Mono County and the
California state line at the point which is the center of
Section 17, T10N, R22E, Mt. Diablo Meridian. Continues then
SE along the entire western boundary of Mono County, until it
reaches Inyo County at the point which is the NE corner of the
;tern half of the NW quarter of Section 2, T8S, R29E, MDM.
~..ntinue SSE along the entire western boundary of Inyo County,
until the intersection with Kern County at the point which is
the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM.
Continue E along the Inyo and Kern County boundary until the
intersection with San Bernardino County at that point which is
the SE corner of section 34, T24S, R40E, MDM. Continue E along
the Inyo and San Bernardino County boundary until the point
which is the NE corner of the Western half of the NW quarter of
Section 6, T25S, R42E, MDM. Continue S to that point which is
the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.
Continue E in a straight line to the California and Nevada
state border at the point which is the NW corner o£ Section 1,
T17N, R14E, San Bernardino Meridian. Then continue NW along
the state line to the starting point, which is the center of
Section 18, T10N, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RELIEVES BASE RATE
ENGI0012-004 08/01/2009
Rates Fringes
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman .............. ..$ 44 .83 17 .22
(2) Dredge dozer.......... ..$ 40 .36 17 .22
(3) Deckmate .............. ..$ 40 .25 17 .22
(4) Winch operator (stern
winch on dredge).......... ..$ 39 .70 17 .22
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand ................. ..$ 39 .16 17 .22
http://www.wdol.gov/wdol/scafiles/davisbacon/CAl.dvb9-~ 4 ~ 05/07/2012
(6) Barge Mate ..............$ 39.77 17.22
--------------------------------------------------------
IRON0002-009 07/01/2011
Rates Fringes
Ironworkers:
Fence Erector ...............$ 26.58 15.76
Ornamental, Reinforcing
and Structural ..............$ 33.00 24.40
PREMIUM PAY:
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval
Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training
Center-Goldstone, San Clemente Island, San Nicholas Island,
Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine
Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB
$4.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base,
Naval Post Graduate School - Monterey, Yermo Marine Corps
Logistics Center
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock
LABO0089-001 07/01/2011
Rates Fringes
LABORER (BUILDING and all
other Residential
Construction)
Group 1 ................... ..$ 26. 50 14.92
Group 2 ................... ..$ 26. 96 14.92
Group 3 ................... ..$ 27. 37 14.92
Group 4 ................... ..$ 28. 21 14.92
Group 5 ................... ..$ 32. 33 14.92
LABORER (RESIDENTIAL
CONSTRUCTION - See definition
below)
(1) Laborer ............... ..$ 23. 48 19.13
(2) Cleanup, Landscaping,
Fencing (chain link or
wood) ..................... ..$ 22 .19 14.13
RESIDENTIAL DEFINITION: Wood or metal frame construction of
single family residences, apartments and condominums-
excluding (a) projects that exceed three stories over a
garage level, (b) any utility work such as telephone, gas,
water, sewer and other utilities and (c) any fine grading
work, utility work or paving work in the future street and
public right-of-way; but including all rough grading work
at the job site behind the existing right of way
LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete
Screeding for Rought Strike-off; Concrete, water curing;
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05/07/2012
Demclition laborer; Flagman; Gas, oil and/or water pipeline
laborer; General Laborer; General clean-up laborer;
Landscape laborer; Jetting laborer; Temporary water and
air lines laborer; Material hoseman (walls, slabs, floors
and decks); Plugging, filling of Shee-bolt holes; Dry
packing o£ concrete; Railroad maintenance, Repair Trackman
and road beds, Streetcar and railroad construction trac
laborers; Slip form raisers; Slurry seal crews (mixer
operator, applicator operator, squeegee man, Shuttle man,
top man), filling of cracks by any method on any surface;
Tarman and mortar man; Tool crib or tool house laborer;
Window cleaner; Wire Mesh puling-all concrete pouring
operations
GROUP 2: Asphalt Shoveler; Cement Dumper (on 1 yard or largez
mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute man, pouring concrete, the
handling of the cute from ready mix trucks, such as walls,
slabs, decks, floors, foundations, footings, curbs, gutters
and sidewalks; Concrete curer-impervious membrane and form
oiler; Cutting torch operator (demoliton); Guinea chaser;
Headboard man-asphlt; Laborer,
packing rod steel and pans; membrane vapor barrier installer;
Power broom sweepers (small); Riiprap, stonepaver, placing
stone or wet sacked concrete; Roto scraper and tiller; Tank
sealer and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh Chipper and similar type brush
shredders; Underground laborers, including caisson bellower
GROUP 3: Buggymobile; Concrete cutting torch; Concrete
cutting torch; Concrete pile cutter; Driller, jackhammer, 2
1/2 feet drill steel or longer; Dri Pak-it machine; High
sealer (including drilling of same); Hydro seeder and
similar type; Impact wrench, mult-plate; Kettlemen, potmen
and mean applying asphalt, lay-kold, creosote, line caustic
and similar type materials (applying means applying,
dipping, brushing or handling of such materials for pipe
wrapping and waterproofing); Operators of pneumatic, gas,
electric tools, vibratring machines, pavement breakers, air
blasting, come-along, and similar mechanical tools not
separately classified herein; Pipelayers back up man
coating, grouting, making of joints, sealing, caulking,
diapering and incl duing rubber gasket joints, pointing and
any and all other services; Rotary Scarifier or multiple
head concrete chipping scaarifier; Steel header board man
and guideline setter; Tampers, Barko, Wacker and similar
type; Trenching machine, handpropelled
GROUP 4: Asphalt raker, luterman, ironer, apphalt dumpman and
asphalt spreader boxes (all types); Concrete core cutter
(walls, floors or ceilings), Grinder or sander; Concrete
saw man; cutting walls or flat work, scoring old or new
concrete; Cribber, shorer, lagging, sheeting and trench
bracing, hand-guided lagging hammer; Laser beam in
connection with laborer's work; Oversize concrete vibrator
operator 70 pounds and over; Pipelayer performing all
services in the laying, installation and all forms of
connection of pipe from the point of receiving pipe in the
ditch until completion of oepration, including any and all
forms of tubular material, whether pipe, metallic or
non-metallic, conduit, and any other stationary type of
tubular device used for the conveying of any substance or
element, whether water, sewage, solid, gas, air or other
product whatsoever and without regard to the nature of
material from which the tubular material is fabricated; No
joint pipe and stripping of same; Prefabricated manhole
http://www.wdol.gov/wdol/scafiles/davisbacon/CA1.dvb9-1 43 05/07/2012
installer; Sandblaster (nozzleman), Porta shot-blast, water
blasting
GROUP 5: Blasters Powderman-All work of loading holes,
placing and blasting of all poder and explosives of
whatever type, regardless o£ method used for such loading
and placing; Driller-all power drills, excluding
jackhammer, whether core, diamond, wagon, track, multiple
unit, and any and all other types of mechanical drills
without regard to the form of motive power.
LAB00089-002 07/01/2010
Rates Fringes
LABORER (MASON TENDER)...........$ 27.11 14.38
---------------
LAB00089-009 07/01/2011
HEAVY AND HIGHWAY CONSTRUCTION
Rates Fringes
Laborers:
GROUP 1 ........... ..........5 26. 50 19.92
GROUP 2 ........... ..........$ 26. 96 19.92
GROUP 3 ........... ..........$ 27. 37 19.92
GROUP 4 ........... ..........$ 28. 21 19.92
GROUP 5 ........... ..........$ 32. 33 19.92
LABORER CLASSIFICATIONS
GROUP 1: Laborer: General or Construction Laborer, Landscape
Laborer. Asphalt Rubber Material Loader. Boring Machine
Tender (outside), Carpenter Laborer (cleaning, handling,
oiling & blowing of panel forms and lumber), Concrete
Laborer, Concrete Screeding for rough strike-off, Concrete
water curing. Concrete Curb & Gutter laborer, Certified
Confined Space Laborer, Demolition laborer & Cleaning of
Brick and lumber,Expansion Joint Caulking; Environmental
Remediation, Monitoring Well, Toxic waste and Geotechnical
Drill tender, Fine Grader, Fire Watcher, Limbers, Brush
Loader, Pilers and Debris Handlers. flagman. Gas Oil and
Water Pipeline Laborer. Material Hoseman (slabs, walls,
floors, decks); Plugging, filling of shee bolt holes; Dry
packing of concrete and patching; Post Holer Digger
(manual); Railroad maintenance, repair trackman, road beds;
Rigging & signaling; Scaler, Slip-Form Raisers, Filling
cracks on any surface, tool Crib or Tool House Laborer,
Traffic control (signs, barriers, barricades, delineator,
cones etc.), Window Cleaner
GROUP 2: Asphalt abatement; Buggymobile; Cement dumper (on 1
yd. or larger mixers and handling bulk cement); Concrete
curer, impervious membrane and form oiler; Chute man,
pouring concrete; Concrete cutting torch; Concrete pile
cutter; driller/Jackhammer, with drill steel 2 1/'2 feet or
longer; Dry pak-it machine; Fence erector; Pipeline
wrapper, gas, oil, water, pot tender & £orm man; Grout man;
Installation of all asphalt overlay fabric and materials
used for reinforcing asphalt; Irrigation laborer;
Kettleman-Potman hot mop, includes applying asphalt,
lay-klold, creosote, lime caustic and similar tyhpes of
materials (dipping, brushing, handling) and waterproofing;
Membrane vapor barrier installer; Pipelayer backup man
(coating, grouting, making of joints, sealing caulkiing,
http://www.wdol.gov/wdol/scafiles/davisbacon/CAI .dvb9-144 05/07/2012
diapering including rubber basket joints, pointing);
Rotary scarifier, multiple head concrete chipper; Rock
Slinger; Roto scraper & tiller; Sandblaster pot tender;
Septic tank digger/installer; Tamper/wacker operator; Tank
scaler & cleaner; Tar man & mortar man; Tree
climber/faller, chainb saw operator, Pittsburgh chipper &
similar type brush shredders.
GROUP 3: Asphalt, installation of all frabrics; Buggy Mobile
Man, Bushing hammer; Compactor (all types), Concrete Curer
- Impervious membrane, Form Oiler, Concrete Cutting Torch,
Concrete Pile Cutter, Driller/Jackhammer with drill steel 2
1/2 ft or longer, Dry Pak-it machine, Fence erector
including manual post hole digging, Gas oil or water
Pipeline Wrapper - 6 ft pipe and over, Guradrail erector,
Hydro seeder, Impact Wrench man (multi plate),
kettleman-POtman Hot Mop includes applying Asphalt,
Lay-KOl d, Creosote, lime caustic and similar types of
materials (dipping, brushing or handling) and
waterproofing. Laser Beam in connection with Laborer work.
High Scaler, Operators of Pneumatic Gas or Electric Tools,
Vibrating Machines, Pavement Breakers, Air Blasting,
Come-Alongs and similar mechanical tools, Remote-Controlled
Robotic Tools in connection with Laborers work. Pipelayer
Backup Man (Coating, grouting,m makeing of joints, sealing,
caulking, diapering including rubber gasket joints,
pointing and other services). Power Post Hole Digger,
Rotary Scarifier (multiple head concrete chipper
scarifier), Rock Slinger, Shot Blast equipment (8 to 48
inches), Steel Headerboard Man and Guideline Setter,
Tamper/Wacker operator and similar types, Trenching Machine
hand propelled.
GROUP 9: Any worker exposed to raw sewage. Asphalt Raker,
Luteman, Asphalt Dumpman, Asphalt Spreader Boxes, Concrete
Core Cutter, Concrete Saw Man, Cribber, Shorer, Head Rock
Slinger. Installation of subsurface instrumentation,
monitoring wells or points, remediation system installer;
Laborer, asphalt-rubber distributor bootman; Oversize
concrete vibrator operators, 70 pounds or over. Pipelayer,
Prfef abricated Manhole Installer, Sandblast Nozzleman
(Water Balsting-POrta Shot Blast), Traffic Lane Closure.
GROUP 5: Blasters Powderman-All work of loading holes,
placing and blasting of all powder and explosives of
whatever type, regardless of method used for such loading
and placing; Horizontal directional driller, Boring system,
Electronic traking, Driller: all power drills excluding
jackhammer, whether core, diamond, wagon, track, multiple
unit, and all other types of mechanical drills without
regard to form of motive power. Environmental remediation,
Monitoring well, Toxic waste and Geotechnical driller,
Toxic waste removal. Welding in connection with Laborer's
work.
LABO0300-008 08/05/2009
Rates Fringes
LABORER
PLASTER CLEAN-UP LABORER....$ 26.65 15.95
PLASTER TENDER ..............$ 29.20 15.95
Work at Military Bases - $3.00 additional per hour:
Coronado Naval Amphibious Base, Fort Irwin, Marine Corps Air
Station-29 Palms, Imperial Beach Naval Air Station, Marine
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Corps Logistics Supply Base, Marine Corps Pickle Meadows,
Mountain Warfare Training Center, Naval Air
Facility-Seeley, North Island Naval Air Station, Vandenberg
AFB.
..AB00882-002 01/01/2010
Rates Fringes
Asbestos Removal Laborer.........$ 26.15 11.65
SCOPE OF WORK: Includes site mobilization, initial site
cleanup, site preparation, removal of asbestos-containing
material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste
by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of
decontamination stations.
____________________________________________________________
LAB01184-001 07/01/2011
Rates Fringes
Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 26.01 11 .98
(2) Vehicle Operator/Hauler .$ 28. 16 11 .98
(3) Horizontal Directional
Drill Operator ............. .5 30. 03 11 .98
(9) Electronic Tracking
Locator .................... .$ 32. 03 11 .98
Laborers: (STRIPING/SLURRY
AL)
GROUP 1 .................... .$ 28. 50 14 .56
GROUP 2 .................... .$ 29. 80 14 .56
GROUP 3 .................... .$ 31. 81 14 .56
GROUP,9 .................... .$ 33. 55 14 .56
LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including
repair and filling of cracks by any method on any surface
in parking lots, game courts and playgrounds; carstops;
operation of all related machinery and equipment; equipment
repair technician
GROUP 2: Traffic surface abrasive blaster; pot tender -
removal of all traffic lines and markings by any method
(sandblasting, waterblasting, grinding, etc.) and
preparation o£ surface for coatings. Traffic control
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all
related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and
application of pavement markers, delineating signs, rumble
and traffic bars, adhesives, guide markers, other traffic
delineating devices including traffic control. This
category includes all traffic related surface preparation
(sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system
installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and
equipment; power broom sweeper
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GROUP 4: Striper: layout and application of traffic stripes
and markings; hot thermo plastic; tape traffic stripes and
markings, including traffic control; operation of all
related machinery and equipment
---------------------------------------------------------------
PAIN0036-001 01/01/2012
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Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County) ...............$ 26.05 10.35
(2) All Other Work..........5 29.32 10.35
REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate
commercial establishments as part o£ hotel service, and
sports facilities.
PAIN0036-010 10/05/2011
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DRYWALL FINISHER/TAPER
(1) Building & Heavy
Construction ................$ 33.22 13.81
(2) Residential
Construction (Wood frame
apartments, single family
homes and multi-duplexes
up to and including four '
stories) ....................$ 21.72 11.13
PAIN0036-012 10/01/2011
Rates Fringes
GLAZIER ..........................$ 38.80 15.50
PAIN0036-019 02/01/2009
Rates Fringes
SOFT FLOOR LAYER .................$ 26.77 11.75
______________________ __
PLAS0200-005 08/01/2011
Rates Fringes
PLASTERER ........................$ 35.29 12.05
NORTH ISLAND NAVAL AIR STATION, COLORADO NAVAL AMPHIBIODS
BASE, IMPERIAL BEACH NAVAL AIR STATION: $3.00 additional
per hour.
PLASO500-001 06/26/2010
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CEMENT MASON/CONCRETE FINISHER
GROUP 1 .................... .$ 22. 29 9. 90
GROUP 2 .................... .$ 23. 94 9. 90
GROUP 3 .................... .$ 26. 57 10. 35
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CEMENT MASONS - work inside the building line, meeting the
following criteria:
CROUP l: Residential wood frame project of any size; work
classified as Type III, IV or Type V construction;
interior tenant improvement work regardless the size of the
project; any wood frame project of four stories or less.
GROUP 2: Work classified as type I and II construction
GROUP 3: All other work
PLUM0016-006 07/01/2011
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PLUMBER, PIPEFITTER,
STEAMFITTER
Camp Pendleton ............. .$ 99.00 19.35
Plumber and Pipefitter
All other work except
work on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft.
of floor space and work
on strip malls, light
commercial, tenant
improvement and remodel
work ...................... .5 39.50 19.35
Work ONLY on new additions
and remodeling of
commercial buildings,
bars, restaurants, and
stores not to exceed 5,000
sq. ft. of floor space..... .$ 38.30 18.37
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work ....................... .$ 30.79 16.70
PLUM0016-011 07/01/2011
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PLUMBER/PIPEFITTER
Residential .................5 31.92 15.27
---------------------------------------------------------
PLUM0395-001 07/01/2011
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PLUMBER
Landscape/Irrigation Fitter. $ 27. 35 16.34
Sewer & Storm Drain Work....
-----
- $
- 26.
---- 82
------- 18.18
------------
--------------------------
-
ROOF0095-001 07/01/2011
Rates Fringes
ROOFER ........................... $ 23. 96 6.70
* SFCA0669-001 04/01/2012
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SPRINKLER FITTER .................$ 34.18 18.51
_________________________________________________________
3EE0206-001 01/01/2012
Rates Fringes
SHEET METAL WORKER
Camp Pendleton ..............$ 35.05 19.23
Except Camp Pendleton.......$ 33.05 19.23
Sheet Metal Technician......$ 25.22 6.69
SHEET METAL TECHNICIAN - SCOPE:
a. Existing residential buildings, both single and
multi-family, where each unit is heated and/or cooled by a
separate system b. New single family residential buildings
including tracts. c. New multi-family residential buildings,
not exceeding five stories of living space in height, provided
each unit is heated or cooled by a separate system. Hotels and
motels are excluded. d. LIGHT COMMERCIAL WORK: Any sheet
metal, heating and air conditioning work performed on a project
where the total construction cost, excluding land, is under
$1,000,000 e. TENANT IMPROVEMENT WORK: Any work necessary to
finish interior spaces to conform to the occupants o£
commercial buildings, after completion of the building shell
TEAM0036-001 07/01/2011
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~uck drivers:
GROUP 1 ........ .............$ 14.90 19.50
GROUP 2 ........ .............$ 24.49 19.50
GROUP 3 ........ .............$ 24.69 19.50
GROUP 9 ........ .............5 29.89 19.50
GROUP 5 ........ .............$ 25.09 19.50
GROUP 6 ........ .............$ 25.59 19.50
GROUP 7 ........ .............5 27.09 19.50
FOOTNOTE: HAZNAT PAY: Work on a hazmat job, where hazmat
certification is required, shall be paid, in addition to
the classification working in, as follows: Levels A, B and
C - +$1.00 per hour. Workers shall be paid hazmat pay in
increments of four (9) and eight (8) hours.
TAUCK DRIVER CLASSIFICATIONS
GROUP 1: Fuel Man, Swamper
GROUP 2: 2-axle Dump Truck, 2-axle Flat Bed,Concrete Pumping
Truck, Industrial Lift Truck, Motorized Traffic Control,
Pickup Truck on Jobsite
GROUP 3: 2-axle Water Truck, 3-axle Dump Truck, 3-axle Flat
Bed, Erosion Control Nozzleman, Dump Crete Truck under 6.5
yd, Forklift 15,000 lbs and over, Prell Truck, Pipeline
Work Truck Driver, Road Oil Spreader, Cement Distributor or
Slurry Driver, Bootman, Ross Carrier
GROUP 4: Off-road Dump Truck under 35 tons 9-axles but less
than 7-axles, Low-Bed Truck & Trailer, Transit Mix Trucks
under 8 yd, 3-axle Water Truck, Erosion Control Driver,
Grout Mixer Truck, Dump Crete 6.Syd and over, Dumpster
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Trucks, DW 10, DW 20 and over, Fuel Truck and Dynamite,
Truck Greaser, Truck Mounted Mobile Sweeper 2-axle Winch
Truck
CROUP 5: Off-road Dump Truck 35 tons and over, 7-axles or
more, Transit Mix Trucks 8 yd and over, A-Frame Truck,
Swedish Cranes
GROUP 6: Off-Road Special Equipment (including but not
limited to Water Pull Tankers, Athey Wagons, DJB, B70
Wuclids or like Equipment)
GROUP 7: Repairman
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
ted type(s) of construction in the area covered by the wage
..etermination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is union or non-union.
Union Identifiers
An identifier enclosed in dotted lines beginning with
characters other than "SU" denotes that the union
classification and rate have found to be prevailing for that
classification. Example: PLUM0198-005 07/01/2011. The
first four letters PLUM, Indic ate the international union and
the four-digit number, 0198, that follows indicates the local
union number or district council number where applicable ,
i.e., Plumbers Local 0198. The next number, 005 in the
example, is an internal number used in processing the wage
determination. The date, 07/01/2011, following these
characters is the effective date of the most current
negotiated rate/collective bargaining agreement which would be
July 1, 2011 in the above example.
Union prevailing wage rates will be updated to reflect any
changes in the collective bargaining agreements governing the
rate.
Non-Union Identifiers
Classifications listed under an "SU" identifier were derived
rom survey data by computing average rates and are not union
-ates; however, the data used in computing these rates may
include both union and non-union data. Example: SULA2004-007
5/13/2010. SU indicates the rates are not union rates, LA
indicates the State of Louisiana; 2004 is the year of the
survey; and 007 is an internal number used in producing the
http://www.wdol.gov/wdol/scafiles/davisbacon/CAl.dvb9-150 05/07/2012
wage determination. A 1993 or later date, 5/13/2010, indicates
the classifications and rates under that identifier were issued
as a General Wage Determination on that date.
vey wage rates will remain in effect and will not change
~..[il a new survey is conducted.
WAGE DETERMINATION APPEP.LS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
O.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative.
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
A'ashington, DC 20210
4.) All decisions by the P.dministrative Review Board are final.
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END OF GENERAL DECISION
http://www.wdol.gov/wdol/scafiles/davisbacon/CAl.dvb9-1 5 2 05/07/2012
EXHIBIT D
41
9-153
City of Chula Vista Disclosure Statement
Pursuant to Council Policy 101-O1, prior to any action upon matters that will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests, payments or campaign contributions for a City of Chula Vista
election must be filed. The following information must be disclosed:
1.L ist the names of all persons having a fmancial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
Cnuthern Contracine Comoanv
2.If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation /partnership) entity.
Timothv R McBride. President
Richard W. McBride, CEO
3.If ahy person* identified pursuant to (1) above is anon-profit organization or trust, list the names
of any person serving as duector of the non-profit organization or as trustee or beneficiary or
trugtor of the trust.
4.P1 ease identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
Joe Teti, Southem Contractine Comnanv Paul Ericson. Svska- Henaessev
Jim Filanc, Southem Contracting Company
S.Has any person* associated with this contract had any financial dealings with an official** of the
City of Chula Vista as it relates to this contract with the past 12 months? Yes No x
9-154
City of Chula Vista Disclosure Statement
If yes, briefly describe the nature of the financial interest the official** may have in this contract.
6.Hav e you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No X Yes If yes, which Council member?
7.Hav e you provided more than $340 (or an item of equivalent value) to an official** of the City of
Chula Vista in the past twelve (12) months? (This includes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes No x
If Yes, which official** and what was the nature of item provided?
Date: 05/10/2012
Si a of Contracto~rl/nApplicant
Timothy R. Bri~PresUid n
Print or type name of Contractor/Applicant
Person is defined as: any individual, fum, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver syndicate, any other county, city
municipality, district, or other political subdivision, - or any other group of combination acting as a
unit.
* * Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of
aboard, commission, or committee of the City, employee, or staff members.
9-155
ATTACHII~NT D
PUBLIC AGENCY PIGGYBACK AGREEMENT
i PUBLIC AGENCY RIGHTS
"`to be submitted by ALL BIDDERS""
This hid is being conducted in accordance with the Municipal Code of the Cdy of Chula
Vista and the Public Contracts Code of the State of Ca{'rfomia. It is the intent of the City
that this bid shall qualify for public agency use in accordance with Califomia Government
Code Sections 6500-6512. It is intended that any other public agency (i.e., city, county,
district, public authority, public agency, municipality, or other political subdivision of
Califomia) located in the County of San Diego shall have an option to participate in any
award made as a result of this sollcttatlon. The City of Chula Vista shall incur no financial
responsibility in connection with orders issued by another public agency. The public
agency shall accept sole responsibility for placing orders or making payments to the
vendor. Selection of either option will have no effect on the award of this contract. Th(s
option shall not be considered in the bid evacuation. State whether option Is granted.
Yes]sij No[ ]
23
9-156
~~ 1~
proposal for:
auu~arA ,'^~ ~`'
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
Appendix 9
Schedule of Values
Base Quotation (No Adaptive Controls)
Run Dale: March 29, 2012
City of Chula Vista Phase Two Street light Replamment ,~
Schedule of Values(":o Adaets<_[ontrols( ~
Item . Account Qty 9nrt Pr ce" -"-0ollSr Vaibe
1 150W HPS Replacement (material) 529 $316.52 $16J,440.00
2 250W HP50.eplawment (material( 1525 $391.30 $596,]39.13
3 Installation lobar&Equipment LS $8],516.2fi - $87,518.26
4 Traffic Control is $146,000.00 $146,000.00
5 $ubtmal Phase Three Construction $99],697.39
6 Phase Three OHgP and GCZ 15%Of total phase $176,064.25
] Total Phase Three Constucion $1,1]3,J6L64
8 Engineering (Syska Hennessey( LS $24,510.00 $24,510.00
9 Trzffic Control Plans LS $10,000.00 $10,000.00
10 Subtotal Phase Two Engineering $34,510.00
11 Phase Two OH&P and GCS 15%of total phase $fi,090.00
12 Total Phaze Twa Engineering $40,600.00
]3 Ciry-controlled Contingency 3%af ^ne Item#7 $35,212.85
14 Bonds (1.149%of One Item 7+Line Item 12+One Item 13)' 1.1490% $14,35J.61
]5 Total Other SOftCOSts $49,$]0.46
lfi TOTALESTIMATE(line Item]+line Item l2+line Item l9) $1,263,93210
Note A .129%surcharge was atlded to Southem's 0.92%bontl rate [o cover the City's required two year labor waranty period.
Alternate Quotation (With Adaptive Controls)
Run Date: March 29, 2012
City of Chula Vista Phase Twa Street Oght Replacement Fn
~'•
Schedule of Values(W'th Adaptive con<rolsl „`~
Item'-. Account 4N unit Pr ce -Odllar Vblue `
1 SSOW HPS Replacement (maferial) 529 $316.52 $167,440.00
2 250W HPS Replacemen[(material) 1525 $391.30 $596,]39.13
3 Installation Labor&Equipment l5 $8J,518.26 $87,518.26
4 Traffic Control LS $146,000.00 $146,000.00
5 $ub[obl Phase Three COnstrvRion $99],fi9].39
fi Phase Three OH&P antl GCS 15%of total phase $1]6,064.25
] Total Phase Three Construction $1,1T8,]61.fi4
8 Engineering (Syska Hennessey) LS $24,510.00 $24,510.00
9 Tralfic control Plans IS $10,000.00 $10,000.00
30 Subtotal Phaze Two Englneedng $34,530.00
ll Phaze Two OHgP and GCs 15%of [otai phase $6,090.00
12 Total Phaze Two Engineering $40,600.00
li Ciry-COnholletl Contingency 3%af Line Item#J $35,212.85
14 Bonds(L349%of tine lfem7+Line Item ]2+line Item l3)' L1490% $14,35].61
15 rota) other son cost: Sa9,s7a.46
16 Ciry-COntrolletl COntingenry (Atlapdve Controls Atltler) $321,]91.42
TOTAL ESTIMATE (Line Item T+Line Item 32 a line Item 15+line
iJ Item 16) $1,585,6]3.52
$7 I P 0 9'~oteA.22996 surtharge was atltled[o SOUthern's0.92%bOntl reteto cover the city's required two year laborwarranry peri~l.P P e n d 1 X
9-157
~ur,~:.
proposal for:
q+uiCvsrr
MUNICIPAL STREET LIGHT LIGHTING
RETROFIT PROJECT -PHASE TWO
3. Southern Foremen /Lead Installer. A book will be published to Southern's lead
installer so he or she will know exactly what luminaire needs to be installed and its
location.
Quantity Ordering
In Phase One Southern and City discovered that the City street light inventory was not as
accurate as had been expected. As a result more lights were ordered than the final count and
inspection revealed. To mitigate this risk, Southern proposes to order 98% of the quantities
compiled during the Dreparation of the Mao Books and reconciliation of the City inventory list to
the SDG&E list. The final manufacturer order will be placed after the first 98% have been
installed, and all existing luminaires have been field verified during the course of installation.
This last 2% of installation work will require an additional 10 weeks, but eliminate the risk of
over ordering. Given the production rates experienced by Southern in Phase One, this last
procurement /installation step should be able to be adequately completed within the contract
schedule. Another option we may explore is requiring the manufacturer's to quote areturn /
restocking Dolicv as Dart of their base quote. A competitive return oolicv could shorten the
schedule by uD to eight weeks.
Field Installation and Project Schedule
Southern will provide the City with athree -week look ahead schedule indentifying the next
neighborhoods and streets that will be tackled. We anticipate the first 98% of the lights will take
about 5-6 six weeks to complete after the first luminaires arrive. When adding the last 2% of
the fixtures, the total schedule will take about 12-14 weeks after placement of the purchase
order. Allowing for eight weeks developing and publishing the lighting guidelines, the total
schedule looks like this:
Engineering Phase
1. Project Award /start work. Zero Weeks.
2. Preliminary design guideline draft. Two to four weeks. (Confirm at Kickoff Meeting)
3. City Review /approval. One week. (ABBREVIATED SCHEDULE. NO REVIEW OPTIONS
INCLUDED.)
4. NOTE: SHOULD THE CITY ELECT TO INCLUDE OTHER CITY DEPARTMENTS. INCLUDING
LEGAL, IN THE REVIEW PROCESS, THIS PHASE MAY TAKE AN ADDITIONAL 4-6 WEEKS
ENGINEERING-THREE TO FIVE WEEKS
Procurement Phase
1. Prepare /Issue RFQ to Manufacturers. ZERO Weeks. (Done during engineering phase)
2. Receive Quotes. Two weeks.
3. Evaluate and present findings (technical and financial). Two weeks.
4. Caucus with City and select manufacturer. One day.
5. Place Purchase Order /Delivery. Eight Weeks.
PROCUREMENT -- 12 WEEKS
Installation Phase
1. 98% Installation. 10 weeks.
2. Last 2% Installation. 10 weeks. NOTE: Competitive Mfgr. Return Clause could
eliminate this step.)
TOTAL INSTALLATION - 14-20 WEEKS
TOTAL PROJECT - 29-37 WEEKS
111 Page Understanding the Project Development Process
9-158
~~ ~~t~1~ e!l~:~fG~ eQOLL~Gt(~ LIC N0.222252
•~`~ 559 Twin Oaks Valley Road P.O. Box 445 San Marcos, CA 92079
Phone 760-744-0760 Fax 760-744-6475
March 29, 2012
Mr. Gordon Day
City of Chula Vista
Building MS-E-200
276 Fourth Avenue
Chula Vista, CA 91910
Subject: Proposal for Design-Build Services for the Design and Construction
of the Municipal Street Lighting Retrofit Project, Phase II
Hello Gordon,
Thank you for the opportunity to submit our proposal to provide turnkey design-build
services to replace 2,054 HPS street lights with LED street lights across Chula Vista. We
have carefully reviewed the Request For Proposal and have developed the attached
proposal to address all requirements.
Southern's Base Proposal provides the City of Chula Vista with LED lights by Leotek. All
manufacturers generally meet performance specifications, except as noted by
manufacturer in Appendix S. We requested quotes and supporting documentation from
the following LED manufacturers:
• Beta LED
• General Electric
• LED Roadway
• Leotek
Holophane
General Electric, Leotek and Holophane provided qualified quotes and supporting
documentation. Beta LED chose not to respond, while LED Roadway declined to bid as
their product did not meet the 4,000 CCT +/- 300 CCT Spec. With that said, the three
responding manufacturers all generally have offered a quality product, and have noted
where they have taken exception with the specification. In our opinion, these
exceptions should not disqualify their offering, but should be noted. We present our
findings in the attached proposal.
Adaptive Controls
Southern has developed this proposal with full consideration of the City's desire to
implement street light Adaptive Controls. Properly designed and implemented, Adaptive
Controls may reduce the City's street light energy bill by another X25%, depending on
the implemented controls plan.
Please note that without Adaptive Controls, Leotek is Southern's recommended
manufacturer. However, with Adaptive Controls considered, Southern recommends
General Electric. At the end of Appendix 5 we present a pro forma comparison between
9-159
Page 2, Design-Build Services for the Design and Construction of the
Municipal Street Lighting Retrofit Project, Phase II
the three manufacturers. Our analysis shows that GE has a noticeably shorter payback
period. Though our Base Proposal only provides for Leotek without Adaptive Controls,
we have presented an alternate approach with contingency pricing to support the City's
desire to implement Adaptive Controls. Please refer to Section 4, Commercial Proposal,
for more details.
To enjoy the energy savings potential, the City needs to work with SDG&E to establish a
new rate tariff structure. Otherwise Adaptive Controls will not benefit the City. We have
developed a detailed approach involving the U.C. Davis California Lighting Technology
Center to working with SDG&E and a clear path to realizing these savings at the earliest
possible point. We have asked all manufacturers for their proposed Adaptive Controls
solutions and have presented these solutions in Appendix 7 of our proposal.
Design Approach
Chula Vista requires the selected contractor to support the development of new standard
specifications to replace 150W and 250W HPS street lights with equivalent LED street
lights that consider traffic volume, intersection types and roadway types. In addition,
the City has requested assistance in specifying the best use of Adaptive Controls. To
address this requirement Southern has retained the services of Syska Hennessey led by
Paul Ericson, PE, LC, LEED AP. Mr. Ericson and his firm have strong street light design
credentials. When combined with Southern's overall street light design and
implementation experience, we are providing the City a highly qualified team ready to
hit the ground running.
Willingness to Enter Into design-Build Contract
Southern Contracting is fully familiar with Chula Vista's standard design-build contract
and is prepared to enter into said contract should we be the selected contractor to assist
this city. Our proposed point of contact for all contract negotiations and questions
relating to this proposal is James Filanc, Director of Business Development. His office is
located at Southern's corporate office located at 559, North Twin Oaks Valley Road, San
Marcos, CA., 92069. He can be reached at (760) 744-0760.
Commitment to Local Businesses
Southern has completed or is completing several projects for the City of Chula Vista.
We are keenly aware of the City policy to work with local companies and suppliers
wherever possible. We currently have six employees who live in Chula Vista. For this
project we propose to purchase 100% of all procured items through California Electric
Supply (CES). CES is located within the City of Chula Vista. This will represent mare
than 50% of the entire project expenditures. As a result Chula Vista will accrue
maximum local tax revenues to its benefit.
We are really excited about this opportunity and welcome your feedback and questions.
We look forward to meeting with the City and discussing our proposal further.
Sincerely,
Timothy ride
President, CEO
Southern Contracting
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PROPOSAL TO PROVIDE DESIGN BUILD SERVICES FOR THE
DESIGN AND CONSTRUCTION OF THE MUNICIPAL STREET LIGHTING RETROFIT
PROJECT, PHASE II, FOR THE CITY OF CHULA VISTA
Prepared for:
The City of Chula Vista
~~
~~~~
MUNICIPAL STREET LIGHTING
RETROFIT PROJECT -PHASE II
Presented by:
Southern Contracting Company
In Conjunction with:
Syska Hennessey
Date Prepared
March 29, 2012
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Table of Contents
Section 1
UNDERSTANDING THE PROJECT DEVELOPMENT
PROCESS 3
Section 2
SUMMARY OF QUALIFICATIONS 13
Section 3
DESIGN BUILD ORGANIZATION 18
• Organization Chart
• Key Personnel
Section 4
COMMERCIAL PROPOSAL 19
D/B Fee Structure
• D/B Fee
• Schedule of Values
• Rate Schedule
APPENDIX 22
21 Page
Table of Contents
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MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
Section 1
UNDERSTANDING THE PROJECT
DEVELOPMENT PROCESS
Overview
There are several key components to this project:
1. Street Light Guidelines. Quickly developing and recommending to the City of Chula
Vista street light guidelines so these guidelines can be adopted to govern the selection of
appropriate LED street lights to replace 150W and 250W HPS street lights along roadways
and intersections.
2. Adaptive Controts. Evaluate and recommend appropriate use of Adaptive Controls with
consideration for cost /benefit, and a sound approach to implementing Adaptive Controls
in conjunction with SDG&E so the City of Chula Vista may realize the potential energy
savings.
3. Selection, Procurement and Installation of LED Street Lights. Based on the
adopted practices, conduct a formal procurement process to select the best value LED
street lights from the LED street light manufacturers that comply with Buy-American
provisions of the American Recovery and Reinvestment Act of 2009.
Southern has addressed the above challenges in the following manner:
Street Light Guidelines. Southern has teamed with Syska Hennessey (Syska) to assist
the City develop street light guidelines to replace the existing 150W and 250W HPS street
lights with selected LED street lights. We are proposing Paul Ericson, PE, LC, IALD, LEED
AP, as our chief lighting designer. Mr. Ericson is a preeminent lighting designer working
in the greater San Diego area for mare than 20 years. He recently led the effort on
behalf of the City of San Diego to develop the exterior lighting design master plan for
downtown San Diego. He is member of IESNA, the organization that publishes the RP-8-
00 street light guidelines for use across America. In addition, Southern has gathered
roadway lighting specifications from Caltrans, and cities such as Las Vegas and San Jose
to use as reference in support of Mr. Ericson. This will provide the City with a solid
starting point to rapidly complete this task.
Adaptive Controls. Southern has paid careful attention to this requirement by
collecting detailed technical documents from each manufacturer, evaluating the
completeness of proposed solutions and the cost to implement. Though Southern's base
proposal, including cast, meets the City's minimum specifcation, this base proposal does
NOT include "Adaptive Controls Ready" luminaires, which is defined as not needing to
modify the existing luminaire once installed, except for the twist-lock installation of the
mesh communication node. However, we have developed a detailed approach that
considers the technical approach by each manufacturer to become "Adaptive Controls
Ready" and the related technical approach to working with SDG&E to recognize the
inherent savings.
It is important to note that numerous recognized lighting experts are currently
recommending that LED street lights ONLY be specified and installed as ~~Adaptive
Controls Ready." Shown in Appendix i is a letter written by Dr. Michael Siminovitch,
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Director of the California Lighting Technology Center to the California Energy Commission
that emphatically states that without Adaptive Controls, the a significant potential of LED
lights will not be realized. In receiving this letter during the preparation of this proposal,
Dr. Siminovitch offered the services of the CLTC under his guidance to work with SDG&E
and the City to validate the selected Adaptive Controls technology. His stated goal is to
accelerate establishing a new street light tariff that will allow Chula Vista to benefit from
the reduced energy demand. His letter of support is presented in Appendix 2.
Therefore, Southern's proposed Adaptive Controls approach will provide Chula Vista with
the shortest path to recognizing enhanced energy savings, while again placing the City in
the state and national spotlight as a municipal sustainability and efficiency leader.
Lighting Procurement and Installation. Southern is proposing to roll-over its intact
team, led by Joe Teti, to lead the procurement and installation of the selected luminaires.
Southern recently completed Phase One of this same project, whereby Southern installed
more than 4,200 LED street lights in residential neighborhoods across the City. This
team is "well-oiled" and has worked closely with Rob LeClair at the City to successfully
complete the Phase One installation. Equally important, we have collected the detailed
specifications of the three manufacturers, and will again request a quote from Beta LED
and other to-be-identified LED manufacturers, so all options are fully considered for the
City.
Should the City elect to simply proceed with our Base Proposal, we are prepared to
specify and install the Leotek product line, which forms the basis of our proposal.
However, we strongly encourage the City to implement our pre-investment strategy for
Adaptive Controls, ordering °Adaptive Controls Ready" luminaires, incorporating these
requirements into the street light specification discussed above. It is the right thing to
do.
Step One -- Street Light Guideline Development
Southern is proposing to develop street light guidelines using the following tools and / or steps:
1. Identify and Evaluate Existing Municipal Street Light Codes. Conducting an
Internet Literature search and working with lighting manufacturers, identify, collect and
review adapted lighting codes or guidelines from various cities across the United States.
We have attached in Appendix 3 example lighting specifications adopted by the Cities of
Las Vegas and Anchorage Alaska. This will serve as reference and give us a jump start to
identify the key issues that Chula Vista will be challenged with. Mr. Ericson will draw
upon his experience developing the Master Plan for Downtown San Diego to lead this
effort.
2. Review Related Lighting Design Research. We will identify and review additional
related research to provide a more in-depth perspective on the issues and challenges,
helping frame the development process. We will pay careful attention to the perspective
from participating Fire and Safety, and Police Departments. We have attached in
Appendix 4 the preamble to a study published in 2009 by the Lighting Research Center,
Renssalaer Polytechnic Institute, looking at the lighting efficacy in LED street light design.
This too will also serve as a reference document to guide this effort.
3. Review of IESNA's RP-8-00 Lighting guidelines. These guidelines have been used a
default guideline for municipalities, absent any other consideration or constraint, for
years. Noting that these are "recommended practices" they are not code or law, but
primarily serve as "guidelines" for lighting designers to follow. It is important to consider
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the science behind the development of these guidelines in recommending new guidelines
for the City.
4. Evaluate Chula Vista's existing lighting code. Looking at the history of the
development of the lighting code as it now exists in the Chula Vista, we will identify and
note any gaps and/or strengths as compared to what we learn in these steps.
5. Evaluate and Recommend Adaptive Controls and Dimming Technologies.
Evaluate the proposed Adaptive Controls technology from each proposing manufacturer,
considering technical merit, cost to implement, payback, maintenance costs, and ability
to be accepted by SDG&E under to-be-established new tariffs. IN particular, we will be
recommending a Phase Two Adaptive Controls "Pre-Investment" strategy,
whereby the procured luminaires will be "Adaptive Controls Ready," only requiring the
installation of a twist-lock control node. Anything less will require opening up the
luminaire at considerable material and labor cost, thereby negating potential energy
savings.
Potential Considerations
There are a few considerations we recommend Chula Vista should consider. They include:
I. Existing Poles. Preliminary review of the Las Vegas Code (see Appendix 3) suggests
that existing street light placement and spacing is a major constraint. If we were
designing a new neighborhood, it would be pretty straight forward to develop light pole
spacing guidelines based on the performance (distribution pattern, BUG rating, lumen
output and foot candles, etc.) of LED street lights. However, we are proposing this
project will not remove, add, or relocate any existing street light pole as this would
seriously offset any energy savings gains. Therefore, evaluating the performance of the
proposed new LED street lights as compared to IESNA RP-8-00 guidelines should identify
any performance shortfalls and gaps.
2. Public Involvement. LED street lights are different. The light characteristics, most
notably the Correlated Color Temperature (CCT), have a direct visual impact. The City
has already installed more than 4,200 LED lights in residential neighborhoods and
probably received feedback from citizens and business owners. Feedback from Chula
Vista's citizens might be taken into account in this guideline development process.
It is important to enter this development process with our eyes wide open. Though Southern
and Syska will assist the City in applying lighting design science to recommending appropriate
lighting guidelines, implementation of these recommendations may eventually become part of
City code. The City will be responsible for enforcing this code and all legal challenges to the
code, should the City elect to take such a step. Today, adopting lighting ordinances is generally
left up to individual cities and municipalities, thus the "recommended practices" terminology of
the RP-8-00 guidelines. Whatever level of guideline the City decides to adopt, Southern will
assist as we believe it is prudent to base our eventual recommended °best-value" street lights on
facts and Chula Vista's needs.
Development Process
Step One -- Upon award, Paul Ericson will commence with collecting and reviewing the
information outlined above. He will develop and propose a draft guideline based on his
experience, judgment, reviewed information, consideration for Adaptive Controls, and the
original RFP street light specification forming the basis of this proposal. This process should take
about one to two weeks. A key part of this step will be evaluation of the IES flies supplied by the
various manufacturers. Comparing performance of new LED luminaires to RP-8-00 guidelines is
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a key check point to assure whatever guideline the City embraces is generally in line with RP-8-
00, or if it significantly diverges, that this step has been conducted and the justification based
on lighting design principles and other sound reasons.
Step Two - We suggest the City circulate the draft guidelines to appropriate City departments
for comment. Suggested departments might include Fire, Police, Street Light Maintenance,
Public Works, etc. Please note that time will be of the essence. We are suggesting conducting a
formal meeting with the identified stakeholders, present our findings, and then distribute the
guidelines to the stakeholders with instruction on the review process, including time to review
and comment. NOTE: THIS IS AN OPTIONAL STEP THAT THE CITY MAY ELECT TO SKIP.
Step Three - After a two-week review process, hold a stakeholder meeting to gather comments,
listen to key concerns, and formulate the steps necessary to incorporate the appropriate input
into revised guidelines. AGAIN, THIS IS AN OPTIONAL STEP.
Step Four. Once the draft guidelines have been updated, it is suggested that the City might
have its legal department weigh in on the process because of the public safety issues being
raised. This step may take on weighted importance and be relevant should the City decide to
turn the recommended guidelines into enforceable code. NOTE: ANOTHER OPTIONAL STEP.
Step Five. After all comments and feedback has been weighed and appropriate comments have
been incorporated, the City can then publish the guidelines. This will form the basis for issuing
an RFQ to all LED manufacturers to obtain quotes on price and delivery.
Important Note: The focus of developing these guidelines should be on providing appropriate
and adequate lighting to address specific lighting needs for residential use, main roadways,
arteries, side road feeders, and safety lights above intersections, etc. These guidelines should
focus on specific performance specifcations like BUG rating, CCT, Color Rendering Index (CRI),
distribution patterns, lumen output, etc. This is compared to manufacturer-specific
characteristics such as intrusion protection standards, material of construction, lighting
technology, warranty length, and lumen depreciation. This second category is critical to
assisting the City with determining "best value" but generally has little or no bearing on how light
is actually applied and used in residential and / or general roadway applications.
Step Two -Adaptive Controls Approach
As noted above, Southern is strongly recommending that the City procure only °Adaptive
Controls-Ready" luminaires. Though our Base Proposal is offering to install Leotek luminaires
which generally meet City specifications, the cost to retrofit the LED lights replacing the 150W
and 250W luminaires will more than offset any energy savings, making the move to Adaptive
Controls cost-prohibitive. As a result, Southern has taken an aggressive approach to evaluating
the current Adaptive Controls offering from each submitting manufacturer. We will be evaluating
the technical approach, initial pre-investment cost, total installed and operational cost, and
calculated simple payback in years, modeling various energy control scenarios.
Our initial evaluation shows distinctly different controls approaches among the manufacturers,
impacting initial cost as well as recurring costs. No one manufacturer has a distinct advantage
should the pre-investment strategy be integrated into the City's updated street light
specifications, though Leotek and General Electric appear to be the most cost competitive when
considering street light wattage vs. installation cost. For reference purposes, the following
Adaptive Controls systems are being proposed:
• General Electric -Proprietary
• Holophane -Rome
• Leotek -- Ripley
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MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
Adaptive Controls Tariffs
Any investment in Adaptive Controls will be predicated on the City having a sound and
accelerated approach to establishing a new tariff structure with SDG&E. Anything less, the
investment in Adaptive Controls will be a wasted effort. To address this, Dr. Michael
Siminovitch, Director of the US Davis California Lighting Technology Center, has volunteered to
lead the "Measurement and Verification" (M&V) effort to validate the energy savings in
conjunction with the City and SDG&E (See Appendix 2). This is strategically important since this
research is required prior to SDG&E accepting Adaptive Controls technology and recognizing the
energy savings. The heart of t his analysis will be confirmation of the accuracy of the claimed
utility/revenue grade metering technology offered by the manufacturers.
Southern is proposing to structure an industry-funded grant effort in partnership with The CLTC,
SDG&E, the City and the selected manufacturers to underwrite this effort.
Step Three -- Selection, Procurement and Installation of LED Street
Lights
Selection Process
The LED street light selection process will resume with issuing a formal RFQ to all LED
manufacturers that comply with °Buy American" provisions of ARRA. The RFQ will include City's
new street light specifications, including Adaptive Controls and the other performance
characteristics deemed important to the City, including manufacturer warranty, intrusion rating,
light type, etc. The light replacement categories should be clearly stated as follows:
150W HPS and 250 W replacement. Define categories of current use, whether
roadway, feeder, or city parking lot, etc. Southern recommends caution in specifying the
anticipated wattage savings vs. fxture performance, though the City may be tempted to
do so. This note is made as there are general replacement guidelines that manufacturers
generally use and we do not want to discourage creativity in proposing the appropriate
replacement fixture. Of particular note is the Lumen Depreciation Curve. For example,
not all luminaires are equal. A manufacturer may propose a 30 LED light with a 700 ma
driver to provide adequate lumen output, while another manufacturer may specify a 60
LED luminaire with a 525 ma driver, achieving similar lumen output. Though the
specified wattages may be different, or even similar, the lumen depreciation curve may
be vastly different, impacting long term replacement cost and total cost benefit to the
City's bottom line.
Note: Median Lights Approach. At the present time, the City has shut off many 250W
HPS luminaires found on twin-light poles located on medians throughout the City.
Existing light guidelines for this purpose may have a certain amount of flexibility in
defining a new guideline for the City. Since many lights are currently not operating and
there is no state code mandating any median light even be provided, Southern proposes
to explore installing two <100W LED lights below in place of the 250W HPS luminaires. It
is recommended that input from various City stakeholders be gathered to build consensus
for this approach. A key consideration in applying this possible approach is to confirm
that any proposed twin-light median pole does not provide light for pedestrian traffic. For
example, Leotek is offering a ~90W LED to replace 150W HPS that may be suitable in
this application. The fixture price is only $25 more than the GE 52W LED replacing 100W
HPS luminaires throughout the City residential neighborhoods.
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2. 100W / 400W HPS replacement. Though the City has already replaced more than
99% of its existing 100W HPS street lights, having the latest quoted 100W replacement
lights will support the piggyback clause AND provide the City with information on the
latest in LED technology for near-term future residential development. LED lighting is
solid state and is developing rapidly, with ashelf-life of less than three years. We have
provided unit prices for replacing any remaining 100W HPS street lights as well as unit
prices to replace any existing 400W lights. We are prepared to discuss the technical
merits of this offer and the mechanism to perfect the "piggyback" clause related to this
offer, strengthening the value of the piggyback clause to other cities.
Additional Specifications
Southern recommends additionally specifying in this RFQ the following:
1. System Wattage. Require each manufacturer to state the system wattage of each proposed
fixture. This is important in calculating the SDG&E tariff and the related energy payback. This
value will be confirmed in the IES test results. In comparison, a 250W HPS fixture can
consume up to 310 watts of power.
2. Dimmability and Adaptive Controls-readiness. Require dimmable readiness, with a
written statement on how the proposed luminaire may be controlled today, paying attention to
communication mesh, controllers, and web-based interfaceability.
3. Lumen Depreciation. Require both L70 and L85 lumen depreciation data. This is a critical
factor in determining useful luminaire life.
4. IES Files and Third-Party Testing. Require electronic IES files and third-party lab testing
results. This information will assure arms-length evaluation of actual proposed lights to the
new city guideline.
5. Delivery. Make sure the selected manufacturer can deliver the first and subsequent luminaire
shipments to support the City's overall plan.
6. Return Policy. Quote a °restocking" charge."
7. Approved by the Design Light Consortium. This is required to earn the SDGS;E Incentive.
All manufacturers claim to have complied. Documentation is forthcoming. The process takes
about four (4) weeks at present from time of initial application. This should not be a factor,
but essential to confirm.
Preliminary Evaluation
As part of its evaluation in preparing this proposal, Southern has reviewed all the technical
requirements outlined in the City's RFP specification. The three evaluated manufacturers
include:
1. General Electric
2. Holophane
3. Leotek
Please note that Beta LED was invited to submit its product and budgetary numbers, but declined
to participate. LED Roadway did not submit since their luminaire was rated at 4500 CCT, well
above the City's upper threshold.
Pass /Fail Criteria
The City of San Diego, as part of the SLWG, utilized aPass /Fail criteria check list to pre-screen
all proposed manufacturers and luminaires. These pass /fail criteria included Buy American,
intrusion protection, adaptive controls ready, warranty length, among others. These are
generally the manufacturer-specific and listed above and represent the starting point for
developing an all-inclusive pass /fail checklist. In comparison, Chula Vista developed its own
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MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
minimum specifications as part of this RFP. Based on our evaluation, here is a recap of our
findings.
1. General Electric. Passed all criteria, except as noted.
2. Leotek. Passed all criteria, except as noted.
3. Holophane. Passed all criteria, except as noted. CRI Rating is 64. City Spec. is a
minimum 65. (Note: Holophane has previously specified their fixtures with a 72 CRI. This
merits further investigation and confirmation.)
Presented Appendix 5 are the results of the comparison of three Made-in-America LED
manufacturers evaluated as part of this proposal. It is important to note that this is a pre-
screening only. The actual verification of lighting performance will occur during the design phase
of the project where all claims will be sorted out and light point analysis performed for each
manufacturer. These results will be compared to the City's new guidelines to assist with
determining "best value."
Procurement
Submittal Time Frame
Southern recommends the manufacturers all be given two weeks to submit their proposal. This
time length should be sufficient. Any request for an extension should be viewed with concern
and skepticism. CES has been very good at communicating and enforcing such timeframes. All
RFP requirements should be clearly stated as such, including the pass /fail requirement. Once
quotations are received, the manufacturers either pass or fail at the f rst evaluation step.
Technical Evaluation
Assuming a given manufacturer passes the pass /fail step, a light point analysis will be
performed by Mr. Ericson using the supplied IES files. The light output will be compared to a)
the existing HPS fixture, and b) the new approved City guideline. Mr. Ericson will then rank the
light fixtures from best to worst based on the conducted distribution, lumen output and foot
candle evaluation. He will present his written findings to the City for review and consideration.
Each manufacturer will be requested to supply one unit of its proposed replacement LED
luminaire to allow the City to "kick the tires" of the fixture. At this point, the City and Southern
will meet to compare notes, then caucus to determine the best technical fixture. However,
Southern recommends the City consider is all of proposed luminaires be run through the financial
evaluation model to determine best value. Southern will use the payback model developed for
Phase One with tariff values supplied by SDG&E. Preliminary comparisons are also presented in
Appendix 5. The Cut Sheets and related technical data from each responding manufacturer are
presented in Appendix 6. The proposed Adaptive Controls approach from each manufacturer is
presented in Appendix 7.
Important Note: While the City requires a 50,000 hour minimum life expectancy, in a previous
evaluation, Leotek had the shortest of the three manufacturers at 70,000 hours using the L70
rating. GE's L70 rating was 120,948, or nearly double the life expectancy at 70% lumen
depreciation. The City's minimum threshold still provides a life expectancy of more than 13
years, well above a 10-year payback metric. The lumen depreciation rate is an important factor
in determinino "best value." A key metric to consider here is'~lumen-hours," not just lumens.
Financial Evaluation
Separate from the technical evaluation will be a formal financial evaluation. In Phase One,
Southern developed a financial performance matrix which considered the cost of the fixture,
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labor to install, SDG&E tariffs and incentives in order to calculate a simple payback. We
recommend the average annual cost to replace should be considered and based on a rated
performance factor such as the L70 rating, a key factor in determining practical LED longevity.
Though lighting technology will likely improve and be lower cost in 10-15 years, there is a
definite replacement cost that needs to be considered. We propose to work closely with SDG&E's
James Gibson to confirm the.SDG&E incentives and tariffs.
Best Value Selection
Once the technical evaluation and financial evaluation have been completed, the Best Value
fixture may be determined. To a certain extent, this selection may have some subjectivity
applied. Assuming each proposed luminaire passes the lighting performance evaluation, and
then the fixture with the best financial payback will float to the top of the list. Assuming the
financial strength of the warranting manufacturer is considered acceptable, the recommended
luminaire should be evident. In the event of a tie, or near-tie (less than .5 year payback
difference) the light fixture with the best technical score should be taken into consideration.
Simply making a selection on the °calculated" payback does not consider the variability or
accuracy of the data, and verified light performance should be at the forefront of the decision
process. This is a minimum 10-year decision and the best fixture, cost being relatively equal,
should be at the top of the best value selection.
Award and Initial Delivery
After the selection is made, CES will notify the selected manufacturer, then subsequently the
remaining proposing manufacturers. Within 48 hours, The City will issue a formal Notice To
Proceed with procurement and construction to Southern. At this point, Southern will enter into a
purchase order with CES and the selected manufacturer. Shipped lights will be stored at the
City's maintenance facility located at 1800 Maxwell Road as was the case in Phase One. This will
protect the City's investment in the lights while providing a central location to dispatch daily
work crews.
Installation
Pre-Installation and GPS Coordinates
During the selection and procurement phase, Southern will conduct a survey of all lights to be
installed, developing a physical count of each luminaire based on SDG&E's official. light list and
account number. This count will be "reconciled" with the City Inventory List in an attempt to
confirm exact quantities to be installed. Southern will use Google Earth and the Street View to
confirm luminaire type and location, From this survey, map books will be created. These books
will be based on individual neighborhoods and include an aerial Google Earth map with street
light location markers, and a companion list of all lights associated with the map and the GPS
coordinates. The list will provide for installation notes, date installed, new wattage, and all
pertinent SDG&E and City data.
Once the Map Books have been created a copy will be issued to:
1. Rob LeClair, the head of the City's street light group. This will inform him of each
neighborhood Southern will conduct installation work.
2. SDG&E. This is an important step since SDG&E needs to conduct apre-inspection so
the Incentive Rebates will be paid.
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Traffic Control
Southern will develop, in association with its selected Traffic Control subcontractor, detailed
traffic control plans for each intersection and roadway. We are projecting that about 75% of the
work will require trafFc control plans. These plans will be submitted to the City for approval prior
to the commencement of work. In order to keep costs to a minimum we are proposing to
develop standard traffic control plans for each "type" of intersection and roadway. This should
expedite approval, streamlining installation production, while keeping costs down. We are
prepared to work with the City to establish these standard traffic control plans. Southern is
successfully implementing this approach with the City of San Diego where Southern is replacing
more than 35,000 street lights in every neighborhood throughout San Diego.
Project Administration
Project Meetings and Reporting
As with Phase One, Southern proposes to meet at least bi-weekly to coordinate all activities to
keep the project on track. We are prepared to meet weekly if necessary.
Project Closeout
After installation of the fnal luminaire, Southern will complete the administrative portion of the
project by adhering to all documentation requirements, including certifed copies of the warranty,
to the City.
GPS /GIS Mapping
Southern will provide the City with GPS Coordinates of each installed luminaire to support the
City's GIS Mapping System. We will provide an updated map book and related list of installed
lights with pertinent and required information, including in-service date and SDG&E information
at the end of the project, identical to the data provided in Phase One.
Incentive Administration
The RFP was somewhat vague regarding administration of the SDG&E Incentives. Southern is
proposing that the City administer and collect the incentives directly from SDG&E with support
from Southern. Should it be decided during negotiation of this contract that it is the mutual
interest of Southern and the City for Southern to manage and receive the SDG&E Incentive,
Southern is prepared to accept this responsibility. Southern is fully familiar and experienced
with the entire process.
ARRA Reporting
The City is utilizing Qualified Energy Conservation Bonds issued through Bank OF America.
Southern will support the City with any additional reporting to comply with ARRA and QECB
requirements.
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MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
Section 2
SUMMARY OF QUALIFICATIONS
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Qualifications and Capabilities :
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Southern Contracting has significant experience in all face ts of design-build project execution.
We specialize in the design-build project delivery system. Our team provides expert planning
and implementation of cost-effective, intuitive designs to meet a variety of client needs such as:
• Value Engineering o Auto cAo
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ROl mary of Qualifications
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o Constructability o Primavera Scheduling or Microsoft
o Maintainability Project for CPM network schedules
• Construction Management o Expedition for document control
and change management
o Project Safety o Estimating and Budgeting
o Quality Assurance and Control Procurement
o Subcontrect Administration and
o Major equipment, lighting systems
Control
• Design o Field Materials
Electrical Construction Capabilities
Southern Contracting offers depth and experience in multi ple capacities such as: variable
frequency drives; motor control centers; high, medium an d low voltage switch gear; process
logic control panels; instrumentation; SCADA; fiber optics; communication and data; UPS
systems; lighting; building automation; security systems, CCN, Access controls, fire alarm;
photovoltaic systems; low, medium, high voltage testing for the following:
• Street Lighting Systems Military Installations
• Solar Photovoltaic Installation Lighting Maintenance and Retrofits
• Distributed Generation / Co-Generation Marine Ship to Shore Power Systems
• Power Generation Substations
• Co-Generation Facilities Water Filtration Line Clearance /Tree Trimming
Systems Communications /Data (External)
• Site Distribution Systems Street Lighting
• Energy Management /Power Quality Traffc Controls
• Transmission 20 A and 20 B Overhead to Underground
• Underground Distribution Conversions
• Overhead Distribution Conduit and Substructure Construction
• Pump Stations Directional Boring
• Sewage Treatment Plants Cabie Replacement
• Hydro-Electric Commercial and Residential Service
• Micro-Turbine Facilities Conversions
• Desalinization Facilities Above Grade and Below Grade Substation
• Facility Power Lighting Site Preparation
• Substations
From small jobs to large complex projects, Southern Cont racting is capable of meeting our
clients' specifications and performance goals.
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Track Record
Southern Contracting has become a leading design-builder of energy and sustainability projects
in the San Diego region the past several years. Since the 1970s Southern has been successfully
implementing design-build projects far utilities, private clients and municipalities. We have been
partnering with Engineering Partners, Inc. for over 25 years, the firm we are proposing to team
with to serve Chula Vista.
Energy and sustainability Projects
Key energy projects completed or underway include:
1. Solar PV Design Build Project for the City of Chula Vista. This $3.2 million project
is comprised of designing and building eleven solar PV arrays on city facilities, including
parks, recreation centers, Public Works, and the Civic Center. Additional services
provided by Southern include administration of the California Solar Initiative rebates.
2. LED Street Light Replacement Design-Build Project for the City of Chula Vista.
This $2.1 million project started out as replacement of approximately 4,300 existing HPS
street lights with Induction lights, but a subsequent decision resulted in the re-design and
selection of LED street lights. Southern assisted the City with managing the energy
payback in support of the CEC loan and loan amendment process, as well as
administering all SDG&E incentive rebates.
3. Citywide Street Light Replacement Project for the City of San Diego. Southern
was selected from a bid slate of five contractors to provide design-build services for the
replacement of more than 35,000 LPS and HPS luminaires throughout the City. This $16
million project will involve the state-of-the art deployment of ESRI's GIS Mapping
technology to build the City an accurate mapping layer of all City street lights.
4. R&D Projects. Southern has been the design-build partner on research projects totaling
more than $4 million for research institutes including the Lawrence Berkeley National
Laboratories studying Demand Response strategies at waste water treatment facilities,
and the California Liahtina Technoloav Center where Southern is currently
involved in heloino design and install an adaptive control technoloav for LED
roadway and intersection luminaires within the Citv of Chula Vista, as well as
being a partner on a $4.6 million research grant into how to achieve deep energy
efficiency lighting retrofits on light commercial buildings.
Other Projects
Southern has recently completed or has currently underway the following projects:
1. SDG&E Substation Underground. Southern is
currently completing a $2 million underground
project in support of SDG&E's Powerlink Sunrise
Highway Transmission Line Project.
2. SDG&E Underground Conversions. This eight
year old program has been performed by Southern
on behalf of SDG&E and the citizens of San Diego
whereby Southern has been connecting meters
throughout the City to newly installed underground
power lines. Southern has complete more than
10,000 conversions.
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3. Olivenhain Hodges Pump Station. This project, valued at $over $90 million
(Southern's portion over $10 million), consists of a pump station, and 69kV
switchyard. The switchyard, executed as a Design-Build Project by Southern
Contracting with EPI, and ties into the exiting 69kV switchyard owned and operated
by SDG&E.
• Other key project components
installed by Southern
Contracting include:
• 12kVa Switchgear
• Bus Duct
• Two (2) 25 mVa transformers
• Fire Alarm
• Security System
• Area Lighting
These are among the major projects currently underway or recently completed by Southern. As
a preferred for SDG&E for over 30 years, we routinely suooort SDG&E district crews with field
suooort in the chanoe out of street lights, underground and post hole excavation, substation
work, outages, and various on-call services, including assisting with restoring power during the
2003 and 2007 firestorms.
Southern's References are presented in Appendix 11.
Syska Hennessey Group ~ .~L!•11, i
Overview `"°°'
Established in 1928, Syska Hennessy Group (Syska) is an international organization of over 16
offces strategically located around the globe. Syska specializes in all phases of mechanical,
electrical, plumbing, fire and life safety, and intelligent building systems design. Syska is
experienced in interior and building infrastructure design, modification, repair, replacement and
retrofit. As Southern's lighting designer, below are relevant capability and experience highlights.
Lighting Design Leader
Syska, a frontrunner in the promotion of quality lighting design, established a Lighting Design
Studio over 30 years ago. Their goal with each project is to enhance the architectural features
within a space, while also creating a functional lighting system which facilitates the effective
performance of the specified task. They apply state-of-the-art technology with sensitivity to the
architecture, the occupants and the function of the space.
Throughout Syska's 30+ years in the industry, they have developed an expertise in many
applications in addition to Street Lighting such as Tenant Interiors, Corporate, Office Facilities,
Trading Areas, Main Entrance Lobbies, Atriums, Airports and Transportation Computer Facilities,
Theatres, Retail, Banquet/Conference Facilities, Healthcare, Artwork Lighting, Lab and Research
Facilities, Educational Facilities, Residential, Government Facilities, Facade Lighting, Exterior, Site
Lighting, Landscape Lighting, Historic Preservation, Auditoriums
Capabilities
Syska provides complete design services from conceptual design through construction, including:
• Consultation to initiate, develop, evaluate
and present lighting design solutions
• Preparation of lighting plans indicating the
locations and types of luminaires
• Preparation of brochure of proposed
luminaires including
Preparation of luminaire schedule and
specif cations
• Design and specification of dimming and/or
lighting control system
• Graphical presentation of lighting design
solutions
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Coordination of lighting mock-ups as Review of shop drawings and sample
required submissions for all luminaire types
Computer analyses of lighting solutions
Coordination with other disciplines
• Provide field observation as required and
prepare punch lists
Track Record
San Dieguito River Park Joint Powers Authority
Lake Hodges Bicycle and Pedestrian Bridge
Escondido, CA
Syska Hennessy Group is providing electrical engineering and
architectural lighting design services for a new 990-foot
pedestrian bridge spanning Lake Hodges. The flexible stress
ribbon bridge is designed to withstand winds and
earthquakes. The scope provided power and pedestrian and
bridge lighting. The project also incorporates photovoltaic
power for all lighting. Estimated construction cost for this
project is $ 10.3 million.
Judicial Drive Under Crossing at La Jolla Village
San Diego, California
Syska Hennessy Group provided electrical engineering and architectural lighting design services
for the tunnel, roadway lighting including decorative accents and walkway lighting. Scope of
services included rerouting electrical feeders, coordinating service with local utility and lighting
controls.
City of San Diego First Avenue Bridge
San Diego, CA
Syska Hennessy Group provided electrical engineering and architectural lighting design for a
historic renovation to this existing bridge in San Diego. The scope of work involved new services
and distribution and developing custom light fixtures to match the original design of this bridge.
Redhawk Street Luminare Design
Temecula, California
Syska Hennessy Group provided architectural lighting design services for a themed ("period")
luminaire design. Syska developed custom lighting fixture designs for a new community
development. The design team worked with the local utility provider to receive approval of the
design for maintenance.
Marina Green Bayside Promenade at America's Cup Harbor
San Diego, CA
Syska Hennessy Group provided architectural lighting design services for this mixed-use public
promenade, including walkways and fagade lighting. The area features, commercial and
restaurant space, public parks and boat slips.
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"C" Street Lighting Improvements
San Diego, California
Syska Hennessy Group provided architectural lighting design services for a new pedestrian
walkway, retail shops and trolley lines for the City of San Diego.
Gaslamp Quarter
Lighting Study and Conversion
San Diego, CA
Alighting study for roadway, pedestrian and
architectural features was provided for the Centre City
Development Corp. The project included research of
the existing lighting system and proposed solutions for
tenant and building facades within the Gaslamp Quarter.
After completing the study, Syska provided lighting
consulting to CCDC and the City of San Diego
Maintenance Department for a retrofit of downtown San Diego's Gaslamp Quarter street lights.
This retrofit upgraded the previous low pressure sodium lamps to more energy efficient induction
lamps. This retrofit solution saved the City both energy and maintenance costs over the life of
the system.
Santee Lakes -Mast Boulevard Bridge
Santee, California
This concrete bridge required a decorative pedestrian scale luminaries and pole integrated with
the bridge structure. Concrete poles and spacing were designed to match the bridge structure
and form. Cast aluminum luminaries with Type III optics were used to provide a decorative unit
and still meet IESNA light levels and uniformity requirements.
University of California San Diego Library Walk
La Jolla, California
This project provided a dramatic lighting design along a 1100' (long) x 30' (wide) concrete walk
with 6' sq. concrete benches (on 12' centers) along the walk. Twin (90-watt) LPS light fixtures
mounted on 22' poles were provided along the length of this walk, and a fluorescent light fixture
was provided in each bench. The library walk lighting is automatically controlled. A 3-way (SF6)
switch, 225 KVA pad mounted transformer, 800A-208/120 volt, 3 phase, 4-wire distribution
switchboard, and (2) lighting control/distribution cabinets were designed for the project. Site
modifications include work on the existing 2.4 KV distribution system, and new 12KV electrical
and telephone ductbank systems.
Syska Hennessey's references are presented in Appendix 11.
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Section 3
DESIGN-BUILD ORGANIZATION
Organization
Below is Southern's proposed organization chart. We are proposing to assign Southern's key
personnel who are experienced in implementing LED street light replacement design-build
projects to execute the Phase Two LED Street Light Replacement project. Southern personnel
include James Filanc as Executive Sponsor, Joe Teti as Project Manager, and John Wheeler as
Field Superintendent.
Key Personnel
Since the design process is fairly straight forward, we propose to use Syska Hennessey's
Principal Lighting Designer, Paul Ericson as our Chief Lighting Designer Paul Ericson has been
doing exterior lighting design in San Diego for 30 years. Paul is on the IES Outdoor
Environmental Committee and is on the Board of Directors of the International Dark Sky
Association. As such, he has been reviewing the BUG system documents as they are being
developed. He was on the committees that wrote the City and County of San Diego Outdoor
Lighting Ordinances. He was an advisor to CCDC and the City maintenance department when
the City of San Diego Gaslamp District luminaires were converted to Induction lamps. He has
sat as a technical advisor to the San Diego Region Street Light Working Group.
Adaptive Technology
Paul is familiar with
adaptive technology
from the simple,
midnight shutoff
photocell, wired,
networked control
systems to mesh
network, radio control
systems. We can help
the City of Chula Vista
evaluate control
options for current and
future use.
Mr. Ericson's resume
and his design staff,
along with Southern's
resumes, are presented in Appendix 8.
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Section 4
COMMERCIAL PROPOSAL
Design-Build Fee
Southern is proposing a Base Proposal Quotation for an initial Guaranteed Maximum Price of
$1,263,932.10, which includes an allowance of $35,212.85 for City-controlled Contingency. This
price is based on the budgetary quotations received from General Electric, Leotek, and
Holophane, three U.S. LED luminaire manufacturers. This includes an estimate to provide traffc
control and traffic control design through Co's Traffic Control, Inc., aCity-approved trafFc control
company.
Southern used the quote from Leotek as the basis of our Base Proposal Quotation.
Though both GE and Leotek notionally passed our technical review, and Holophane has several
issues worth further investigation before disqualification, we are proposing to use Leotek because
of their price, reasonable Adaptive Controls approach and backing from their parent company,
Lite-On Corporation, a $220 million a year company. However, when Adaptive Controls are
considered. GE would be Southern's recommended manufacturer.
Assumed Quantities
Southern reviewed the SDG&E street light inventory list as of July, 2011. This list for both
SDG&E billing accounts shows 529 150W HPS and more than 2,900 250W HPS luminaires in
service. For the purpose of this proposal we are assuming all 529 150W will be changed out and
the balance of the 2,054 luminaires defined in the City's RFP, or 1,525 fixtures, will be 250W
luminaires. This ouantity assumption is important to note when_comparinq Southern's quotation
to the other orooosino contractors
D/B Fee Structure
Southern is proposing a Design Build Fee Structure as follows:
1. Direct Cost, including direct labor, equipment, tax, freight, materials 85%
2. General Conditions, Overhead Recovery and Profit 15%
TOTAL 100%
Since this is a Guaranteed Maximum (G-Max) Contract, Southern is prepared to share its actual
calculated labor costs, and direct material quotes. Should the actual delivered cost of material
be less than the received quotes, Southern will only mark up the costs in accordance with the
above schedule, and adjust the G-Max price accordingly. We welcome the oooortunity to discuss
and negotiate the above to meet the Citv's expectations.
Schedule of Values
Presented in Appendix 9 is the schedule of values for the project.
City-Controlled Contingency
Southern has allocated 2% of direct construction costs shown in Appendix 9 for City-controlled
contingency. This Base Proposal Quotation is far the specification and installation of Leotek
LED street lights only without Adaptive Controls. It assumes that the City will find Southern's
recommendation to specify and install Leotek luminaires is acceptable.
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Rate Schedule
Southern's Straight Time Rate Schedule for Inside Wiremen secured through IBEW Local 569 is:
1. Foreman /Journeyman Electrician = $76.77.
2. Utility Technician = $54.12
The above includes all wages per Davis-Bacon, benefits, overhead and profit.
Traffic Control
Southern has allocated $146,000, excluding OH&P, for traffic control. This is based on an
estimated scenario that all converted 260W HPS street lights located in busy streets and
intersections will require full traffic control, or about 80% of the project as defined under
"Assumed Quantities" above. We will work closely with the City to minimize any expenditure of
this budget item without compromising safety, reducing the overall cost df the project to the
City.
Southern has also included a line item in our quotation to provide trafFlc plan designs for
$10,000, excluding OH&P, per the RFP. This amount provides for traffic control plans to be
submitted for each intersection or roadway. This amount is neootiable and may be subied to G-
MAX adiustments should the Citv and Southern agree on a streamlined Traffic Control olan to
keen costs down.
Equipment
The installed fixture labor includes the cost of a bucket truck for each installation crew. All
other required equipment, including lifts, pickup trucks, etc., will be billed at actual cost plus
contractor fee markup. The above rate schedule covers just the cost of labor.
Adaptive Controls and Recommended Upper G-Max Contract Value
Because Chula Vista has made abundantly clear that it wishes to pursue Adaptive Controls, which
is wholly consistent with Industry Best Practices as articulated by Dr. Siminovitch's letter shown
in Appendix 1, Southern is recommending that the contract establish a larger City-controlled
contingency to provide for procuring "Adaptive Controls-Ready" LED streetlights from any one of
the three proposing manufacturers. This will provide the City with the flexibility to achieve its
stated goal, while allowing for the detailed evaluation of each proposing manufacturer's Adaptive
Controls solution. We have performed a detailed evaluation of each proposed solution, with the
technical specifications presented in Appendix 7.
Shown on the following page is a recap of the additive cost of procuring "Adaptive Controls-
Ready" street lights from any of the three proposing manufacturers. Please note that adding
these funds to City-controlled contingency presented in Southern's Base Proposal Quotation,
then allocating these funds based on the selected °Adaptive Controls-Ready" manufacturer,
will be~based strictly on the technical merits of the selected solution, the impact on Simple
Payback to procure Adaptive Controls-Ready" luminaires, and the economic evaluation of the
total installed system, including a 10-year allowance for warranty support and any recurring web
hosting fees, if any.
For example, should General Electric become the selected "Adaptive Controls-Ready"
manufacturer, then the draw upon this $321,741.42 City-Controlled Contingency Adder is
calculated to be just $86,263.33, or only fourth of the City-controlled contingency Adder.
Supporting Southern's proposed ^Adaptive Controls-Ready" Strategy, GE's °Adaptive-
Controls-Ready" luminaires are the lowest cost of the three quoting manufacturers. In
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comparison, Leotek's proposed'~Adaptive Controls-Ready" luminaires are quoted to cost an
additional $198,341.18, or more than double the cost quoted by GE. We are oreoared to share
the firm quotes from the three manufacturers and our calculation basis upon request.
Adaptive Controls G MAX Contingency Allowance
Base Quotation -Installed Leotek W minalres Only'
SSOW Replacement LED luminaires $196,987.15
250W Replacement LED luminaires $702,038.24
TOTAL BASE QUOTATION (REFERENCE ONLY) $899,025.39
Added Cost of Base Fixtures w/o Adaptive Controls from Holophane (highest quoted price)
150W Replacement LED luminaires $85,195.14 _
260W Replacement LED luminaires $111,43fi.24
SUBTOTAL ADDER $196,631.37
Added Cost of Adaptive Controls Ready Fixture from Holophane (highest quoted prire)
SSOW Adaptive Control Ready Adder $32,221.62
250W Adaptive Control Ready Adder $92,888.42
SUBTOTAL ADDER $125,310.05
TOTALADDER TOCITY-CONTROLLED CONTINGENCY $321,741.42
Note 1: All dollar values include sales tax, OH&P.
Piggyback Fixture Pricing
Southern is proposing to provide unit prices for the installation of the streetlights. This unit price
may be used for pricing purposes under piggyback contracts with other municipalities. We are
proposing that Unit Prices be established for the following categories at the time the final G-Max
price is established:
1. 70W/100W HPS luminaire replaced with equivalent LED street light
2. 160W HPS luminaire replaced with equivalent LED street light
3. 250W HPS luminaire replaced with equivalent LED street light
4. 400W MH luminaire replaced with equivalent LED street light.
We propose to establish these unit prices once the luminaire manufacturer selection has been
finalized. Southern's intent here is to make sure that the contract between the City and
Southern has been perfected as a "piggyback contract," allowing other municipalities throughout
Southern California take advantage of the work performed under this contract. It is our
understanding that we will need to establish minimum installed quantities to provide unit pricing
once the final G-Max amounts are agreed upon, and insert the appropriate "piggyback" language
in the body of the contract prior to signature.
Financial Strength and Insurability
Southern has been in business since 1963. We have been satisfactorily completing work for the
City of Chula Vista for the past 18 months. We can provide audited financial statements for
2010 and 2011 upon request, and reviewed financial statements from 2009 and back.
Southern has had no insurance claims of any sort filed against it. Southern is also not involved
in any litigation. Our Insurance Certificate and Bid Bond for this project are presented in
Appendix 10.
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Appendix
Appendix 1-- Dr. Siminovitch Advice Letter on Adaptive Controls
Appendix 2 - Dr. Siminovitch Letter of Support
Appendix 3 -Example City Lighting Specifications
Appendix 4 -LED Street Light Lighting Study by Renssalaer Polytechnic
Institute
Appendix 5 -Specification Comparison of Proposed Luminaires
Appendix 6 -Technical Data Sheets for GE, Holophane and Leotek
Luminaires
Appendix 7 -Adaptive Controls Technical Data for GE, Holophane and
Leotek
Appendix 8 -Key Personnel Resumes
Appendix 9 -Schedule of Values
Appendix 10 -Insurance Certificate and Bid Bond
Appendix 11-References
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MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
Appendix 3
Dr. Michael Siminovitch Advice Letter
UC Davis Professor calls for aState-wide "time out" on further "public"
purchases of LED street lights
'The current rush to relight city streets with LEDs will greatly limit the bng term potential for future
energy savings" Processor Michael Siminovitch, UCDavis.
Background: Federal stimulus dollars and public investment funds in efficiency are rapidly flowing
to municipalities and public institutions to purchase LED street lights. While transitioning from
conventional HPS light sources to more efficacious light sources is desirable, the bulk of the LED
systems being installed are not pre-wired for controls capabilities. Street lights with controls
systems offer dynamic dimming during long periods of inactivity, which has tremendous potential to
both save energy and to mitigate waste, light trespass and related dark. sky issues. In spite of this
opportunity; there is no nationwide confrolstandard established to date, and LED street lights are
being installed en masse without this important feature. These fatures are likely to be in use for as
long as 20 years, so the faed-wattage, un-tetrofttable fixtures sold today represent a significant
loss in savings opportunity.
An integrated, addressable LED street light could offer an additional 400% savings beyond what
can be expected from the simple upgrade to LEDs, with only a small, highly cost effective
additional cost. Also, including controls on-board offers the potential for establishing a demand
response opportunity in the future, an important feature as we progress towards more significant
evening energy use peaks.
The controls capability offers a larger savings and cost benefit potential for street lighting than the
use of a static LED in isolation, given the marginal efficacy advantages over high pressure sodium.
A dynamic controls approach for LED street lighting also addresses dark sky issues by reducing
the enormouswasteand tesulting light pollution at night during the long hours of ihactivity that is
typical of most residential settings.
To address this potential and. see this public investment fully realized, California needs to develop
abetter long-term plan, directed at real energy savings with a well thought outspecification. Until
wehave awell-developed specifcation that achieves real long term energy savings, the State
should call an immediate "time-out" to anyfurther purchases that are associated with public funds.
Fortunately, manufacturers are well positioned to add controls-ready features to LED street light
fixtures, at modest costs. Thus, the lost opportunity can be addressed rather easily if the utilities;
local governments, and industry come together to complete an appropriate specification.
Stakeholders are therefore urged to engage in this dialogue as soon as possible. This dialog
should focus on a path forward that better elucidates the opportunities and cosUbenefit associated
with either a "controls read' or "control on board" approach. Acontrols-ready approach would
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MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
require a fixture to ship with a dimming driver and be easily field modified ocretroftted to allow for
full controls operability down the road, withoufa lot of additional expense. This would essentially
future-proof the early LED investment, without having to resolve all of the control protocols and
sensors technology strategies now.
"Controls on board" means that the fixture is ready and able to be fully controls operable at the time
of installation. This will include the factory installation of electronics and sensors and the
development of complimentary controls communication protocol. This approach will require
"leadership' and a significant effort to develop appropriate protocols and technologies for this
capability.
Text cited from last spring's article "The lostopportunity in the transformation of America's
street lighting to LED: A call for a more rational approach" by Professor Siminovitch published
in LD&A-
"We have seen an unprecedented investment. directed at municipal and state entities to explore
effciency opportunities. The understanding is that this investment will achieve deep and sustained
energy savings in infrastructure for our public spaces. One of the targets df this investment has
been directed at the relighting of municipal roadway applications focusing on the ubiquitous street
light.
More specifically, this includes replacing traditional high-pressure sodium (HPS) fixtures,
commonly known as "cobra heads,' with new light emitting diode (LED} fixture assemblies. The
rationale behind this tetroft effort is the potential for energy savings due. to the inherent increase in
light. source efficacy offered by the LED lighting system in comparison to traditional HPS light
sources. The retrofits that are typically being used are almost exclusively "static" LED lighting
systems, meaning that they operate at only one light or power level from dusk to dawn, resulting in
tremendous trapped energy savings
Unfortunately, there is growing concern that these narrow approaches to "transforming' our
nation's street lighting inventory to static LED lighting systems, that is, systems that do not use
dynamic controls, will result in the loss or trapping of significant energy savings and eliminate the
potential for enhanced safety and amenityfor the public.
Why is this happening? One of the inherent features with these new electronic LED lighting
systems is the ability to easily allow fora. high level of dynamic control gapability. What this means
is that an LED street light as an electronic system can be dynamically tuned, dimmed, brightened
or even flashed easily to obtain any light level that might be desired, thereby achieving a
significantly enhanced level of functionality and energy savings, well above the static approaches
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that are currently being installed. Dynamic controlled street lighting is perhaps one of the largest
opportunities for energy savings and increased safety and amenity for outdoor lighting that exists in
United States, and this potential is being largely trapped by the lack of sound policy and
recommendations.
What is the potential with dynamic control capabilities for the fighting of America's streets .and
roadways?
The concept behind this opportunity involves the simple addition of sensors and electronics that
would allow each .street light to be controlled to three basic levels. The first level would be a
standard design to achieve the appropriate illumination desited for the roadway from the street
light. This level would depend upon prevailing local municipal recommendations.
The second level would be at reduced power corresponding to approximately 30 to 50% of normal
illuminance. This reduced power level would occur automatically with the integration of simple
sensors and occur during periods of no traffic or pedestrian activity with a corresponding automatic
increase to full output during periods of occupancy. The dynamic and automatic increase to full
brightness could actually increase security through heightened awareness. This dynamic control
function would greatly reduce the amount of light pollution and dramatically increase energy
savings while maintaining safety and security. Reducing the amount of wasted light during the long
periods of typical vacancy is one of the single largest opportunities for energy savings in this
country, and the technology exists today for it to be easily integrated into the tED transformation
that is ongoing. Unfortunately, the real savings dpportunities associated with this transformation to
LED roadway lighting is being lost in the rush to achieve poorly-defined goals.
At the third level, in addition to reducing light during periods of vacancy; the street light could be
easily "signaled" to switch to a higher level of light output corresponding to an emergency situation.
This higher light level or even flashing would provide a .point of focus and attention for police and
fire departments during a response event, greatly assisting emergency personal. This level of
amenity can be easily integrated via sensors and RF signals, again a relatively simple addition to
the LED street light infrastructure currently being undertaken.
For example, a typical scenario could involve an emergency call from a homeowner to a police or
fire station. That call could prompt an RF signal to be dispatched to the street light or lights
adjacent to the home, which would switch those lights to a much higher light level or a flashing
signal that would then provide key focus for responding emergency vehicles. The increased light
levels or flashing street lights would enhance response times and be a valuable addition to the
safety infrastructure of any municipality. This type of amenity is achievable today with a marginal
increase in cost to the static fixtures that are currently being installed. Emergency responders and
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police within a municipal setting would undoubtedly appreciate this level of increased safety and
amenity, but unfortunately they are not being made knowledgeable by the energy advocates or
federal entities advocating the LED transformation.
Signifcant public investment is being focused at relighting America's streets, and unfortunately,
large energy savings and enhanced safety and amenity are being lost in the rush by federal and
environmental groups "pushing' to transform this marketplace to LED. A broader, longer-term
vision needs to be developed quickly that truly takes advantage of this transformation to electronic
LED light sources through the addition of low-cost dynamic control capabilities: This additional best
practice capability will allow us to fully realize the promise associated with this next-generation
lighting technology, providing peal energy savings and user amenity for all:°
261Page Appendix
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MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
Appendix 2
Dr. Michael Siminovitch Letter of Support
C L._T C
U11F00.NIA IIGMTING TFCNNOLOGT CENTER
March 26, 2012
Dear Jim
The Cal'lfornia Lighting Technology Center at UC Davis is very supportive of the broad
market transformation to fully adaptive lighting, particularly within the street lighting
marketplace here in California. A controls on board adaptive lighting approach is
something that we were instrumental in developing forthe exterior lighting codes and
standards enhancement process for 2014. This effort focused predominantly on parking
lots, parking garages, and pathways lighting. We're now helping to lead a collaborative
effort with utilities to see adaptive IigMing broadly applied in street lighting applications.
Current lighting programs that ate limtted to static street lighting LED approaches, trap
enormous savings opportunities associated that could be achieved with adaptive
lighting control technology. We are asking the State and the emerging technologies
groups at the California utilities to focus their attention now on fully adaptive controls on
broad street lighting. These approachespromise to save an additional 40% to 50%
over static LED approaches, and is clearly the future for Cal'rfornia.
We are very supportive of your proposal to develop the Chula Vista municipal lighting
program and we would like to lead measurement and verrfication aspects of the
installation. The UC Davis Lighting Center has developed a broad level of expertise in
the instrumentation, measurement and assessment of energy efficient lighting
approaches, particularly in regards to adaptive lighting.
Please do not hesitate to wntact us for further information
Thank you,
Michael Siminovitch
Professor, Department of Design
Rosenfeld Chair in Energy Efficiency
Director, California Lighting Technology Center
Associate Director, Energy Efficiency Center
University of California, Davis
RESEARCH INNOVATION PARTNERSHIP
633 PENH DR. DAMS, CA 95618 CITC.UCDAV18.EDU P: 530.747.3838 I Fi 530.747.38)2
27~Page
Appendix
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MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
Appendix 3
Example City Lighting Specifications
Presented on the following pages are the street light specifications for the City of Las Vegas. We
have also obtained a similar specification for the City of Anchorage. These are just two of the
street light specifications that EPI will evaluate in support of this project and serve to jump start
this important evaluation step.
Las Vegas
We have presented just the first six pages of this 25-page specification.
1. WSTµ15iRF£TLIpHf 6fANpYU$Ai MI[RSECMNS INRUIIxp i'ANpT
TYPEA PER STANDIAOOMWpi66 ]61 nMMX416 NACCORGVCE wNH nlE
APPItOPWATE RYna(E-0FiNAY.
1 STREET GA44IFIGiiR1.WpSIREETLIGHf9TMDRRp.LL'PYGi1[IN9xNl BE f3
1151£0 NTABIE 1 BELOM KTWLL WMINNIE WATi/+GEM'pgl SiRFETYGtt
BT.WpN@ SPAGXG IMV SE VMEp BY ME ENGINEER WHEx 9YGPdt1Ep RYAN
APPRGVCp LIG1rtING 5TIAYIN ACWI@FHCEWITx TXI IES pEfaM1tMlNpCp PRACIIC!
FOR ROP-WAY UONBNG IX ORDER TO MEET W RIIENT ANO FIINRE TMFF C CONTR0.
NEED9 AlL APPROVED BYTIffRESPECIIVEAGENCY. AVERAGE LEVELS /RE
YNHTAMEp LEV EIS AT A pB XUN1ENi.NCE iILTGR (0.@ iOR MRIt C W NiY)
N FOOIGExpLESMWNfIp XCfl60MILLLYAT TXl SW6ACl.
TABLE t
AVEPAGE
IE4l1GlR6f IES LHIFgpIT'
•°°FrcAnpx RrN pwp wulxuRE lEVEI AvcAIN
I,Wgi M1ERLLL lM - ]50W XP4 1.51 FC 21
OR MORE
INTFALA•EDNTE COUEDfpR BS - 15p/f XP9 OM iC A:t
lxxY HPS IClAf1N COUNTY 8 COX 014Y1
LCCN b+ - 160W XP6 O.SB FC E:1
1 [qV HP9ICLAPI(.GAMIY 6 CpM OILY)
RE9IOENlNL Sf' - ICQA'XPS 0.]6 FC 6:1
OR LE56
S NEW SR6EERIGRE STAINARpS N5TALL®AGYOExl T00ROPPO5ITEFROM
E><15TlxosrREEnNmsswLLw~TCNmewsnNG LOUnox,wuwa POLe
AW LUMPWR frPC44T0.lb OTHEIIMSl DPICfID BYTXE ENGR£E0.
~. YIRFERIpM3fAttaPLS MSTALLED W tlOfl LF99RNili-0FWAYSMAYSE
MSTKLED ON Ef MER NOE OF ROAD W /,Y AS gREC1EO BYT ME EHP NEE0.
i TRAFFlG9IGNALFDIINOI.TIryYS.WpAOAPfOR HATES MAY REREON9Ell AT
MIERBECIION4 AS pIFIECTEp BY TXE ENGINEER
E ATLEASf g1E5MEEILIpRS1NLLBE REOU@EDM iNE BU139ECnpx GiA
COLLE W ORNAMMEPNEAD. LOGnCN SIWLBEM RECUNEO BYTHE
ExGMEFR
' PROFESSIOxY ELECMH:LL ENONfER SLAW Ox FEE.
BPEaFICAnGN REFETeENeE UNIFORM STANDARD DRAWINGS
CLARK COUNTY AREA
6Ti TRAFFIC 9IGNAL585TREERIGHfING
STREETLIGHT LOCATION
GENERAL NOTES
PATE 2-0bOT owG. No. wp
28~Page
Appendix
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MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
1DV Rnv
OR GREATi92 ~ ~p0fy yp3 FURORE
TYPICAL
r- --1
I I
4 ~ 4
~~~
100~ILW SPACING TYPICAL
OR GRE47ER - ALL ~ rt
DIRECTK)NB O
t JJ
- BACK OF CURB
I I
L_ _-I
BOTH LUMINAIREARMS
CURB RAOIUS~ SHALL BE MOUNTm ON THE
SIGNAL 6HAFi BOL MART.
NOTES:
1. SEE GENERAL NOTES STANDARD DRAWING N0.300.
2. AN APPROVED LIGHTING SNDY PER NOTE Z, STANDARD DRAWING N0.300, 73 REOVIRED FOR RIGHT-0F-WAY
GREATER THAN 100 FEET.
3. VitIH THE ENGINEER'SMPROVAL, ASECOND LUMINANTE MOUNiLNG PLATE 1MY BE FELO WELDED BYA
CERTfIED WELDER
4. ALL WMINAIRE MASTAPAf3 FOR 900W FURORES SHALL BE 16 FT. LONG AND OJSTPLLID PER SiANUARD
DRAWING NO.400.406 UN1~330THERWISE SPECIFlED BY THE ENGINEER.
' PROFESSIONAL ELEGfRICAL ENGINEER STAMP ON FILE
SPEGIFICA710N REFERENCE UNIFORM STANDARD DRAWINGS
CLARK COUNTY AREA
623 TRAFFIC SIGNALS 8 STREETLIGHTING CLARK COUNTY ONLY
STREETLIGHT LOCATIONS AT INTERSECTIONS
100' ORGREATER/100' OR GREATER
RIGHT-0F-WAY
DATE &~12-02 DWG. NO. 307.7 PAGE NO. 61.1
POLE LOCATI
ON TABLE
KEYED NOTE O
E U
U
\~ 120'
O ~
(SEE DRAWWG
N0.920)
29~Page Appendix
9-188
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proposal for: ~'`' ~,
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MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
1oB~RAv
OR GREATER
~ ~
-- ~ ~ ~ U @
100'IyW SPACING TYPICAL ~_
OR GREATER ~ ALL ~ rt
DIRECTIONS
1
BAdcoFCURe
--- ~ ---
y J
J O
cuRBRADtis
NOTES:
1. SEE GENEPAL NOTES bTANDARD DRAWING N0.300.
2. AN APPRO/EO LIGHTING STUDY PER NOTE 2, $TANDARD DRAWING NO. 900, IS REQUIRED FOR RIGHT-OF-WAY
GREATER THAN 1 W FELT.
3. CRY OF HENDERSON AND BOULDER CITY REQUIRE 9TREETLIGHTING IN THE MEDIAN FOR PoGH73-0F-WAY
100 FEET OR GREATER. SEE STANDARD DRAWING N0.312. IN THEABSENCE OFA MEDAN.STREETLIGHT
LOCATIXJ SHALL BETNE BAME A3 THE OTHER ENR71E5.
SPECIFICATION REFERENCE UNIFORM STANDARD DRAWINGS
CLARK COUNTY AREA
623 TRAFFlC SIGNALS 8 STREETIJGHTING
STREETLIGHT LOCATIONS AT INTERSECTIONS
100' OR GREATER/100' OR GREATER
RIGHT-OF-WAY
(EXCEPT CLARK COUNTI~
DATE B-12-99 DWG. NO. 301 PAGE NO. 61
30 ~ Page
POLE LOCATION TABLE
F > ~ n O
z O i g ~ m
KEYED NOTE w
iO iSP (SEE NOTE3)
HO' (SEE NOTE 9)
' (SEE DRAWING WA
~
-' NO.320)
Appendix
9-189
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proposal for: "~`'
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MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
~+ ea RNf --~
n~
--- ~ ~ ~ ~ 4
O
SPACING _
100' RIW ~~ -
ORGREATER TYPICAL rL
O
SACK OF CURE
L ~~ J O
I ~ ~i ~ ~ ~ CURB RADHJS
LL
O
m O
~/ GI~~]
~/
NOTES:
1. SEE GENERAL NOTES STANDARD DRAWING N0.300.
2 AN APPROVED LIGHTING STUDY PER NOTE 2.
STANDARD DRAWING N0.300, I$ REGUOiEO
FOR RIGNTAFWAY GREATERTh1AN 100 FEET.
3. ALL LUMINAIRE MAST ARMS FOR 400W FUGURES SHALLEE
15 FT. LONG AND WSTALLED PER STANDARD DRAWING
N0.406.{08 UNLESS OTNE3tWN1E PPPROVED BY THE ENGINEER
SPECIFICATION REFERENCE UNIFORM STANDARD DRAWINGS
CLARK COUNTY AREA
623 TRAFFICSlGNALS 8 STREETLIGHTING CLARK COUNTY ONLY
STREETLIGHT LOCATIONS AT INTERSECTIONS
100' OR GREATER/80' RIGHT-0F-WAY
DATE 9-12-02 DWG. NO. 302.1 PAGE NO. 62.1
31~Pa9e
POLE LOCATION TABLE
KEYED NOTE
O
O 120'
O ~
/'~
~/ (SEE DRAWING
NO. 320j
17Q
O ~
Appendix
9-190
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proposal for:"' ;
O1UL41151,1
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
~J
100' Rrfl
OR GREATER
O FiAD1U5 ~
2
O
NOTES;
1. SEE GENERAL NOTES STANDARD DRAW WG N0.300
2 TANDAFi DRAWING N0.300.15 REWIREO~
FORRIGHT-0F-WAY GREATEATHIW t00 FFET.
SPEGFICATION REFERENCE
623 TRAFFIC SIGNALS &STREETLIGHTING
t00'RAN
ORGREATER
SPACING FOR SIGNALIZED INTERSECTIONS
POLE LOCATION TABLE
z
DYED NOTE w ALL ENTIiE$
(E%CEPL CC)
CUVa1 COUNTY
' ~ tW 72P
O 1P 1D (M W.)
O !P iZP
O 12 12
DISTANCE LISTED WDICATES MA%IMUM
SPADING. LIGHTING STANDARDS SHPIL
BE EQUIDISTANTAFTER LOGT7NG THE
STREETLIGHT LOCATIONS ON
TRAFFIC ISLANDS
100' OR GREATER RIGHT-OF-WAY
I ~ I DATE 8-12-99 ~ DWG. NO. 372 ~ PAGE NO. 72 I
32 ~ Page Appendix
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MUNICIPAL STREET LIGHT
Appendix 4
LIGHTING RETROFIT PROJECT -PHASE TWO
LED Street Light Lighting Study by the Renssalaer Polytechnic Institute
Below is the preamble of a 14-page LED street light study published by Renssalaer that is an
additional reference point that Chris Kraft will use to help develop the City's street light
guidelines, Like the specifications presented in Appendix 1, this reference information will
provide additional insight into the development of the City's new street light guidelines.
ASSIST recommends...
Outdoor Lighting: Visual Efficacy
Volume 6, Issue 2
January 2009
A publication of the Alliance for Solid-State Illumination Systems and Technologies
Lighting
Reseazch Center
Rensselaer
33~Page Appendix
9-192
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MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
ASSIST recommends._
Copyright ®2009 by the Alliance for Solid-State Illumination Systems and Technologies
(ASSIST).
Published by fhe Lighting Research Center, Rensselaer Polytechnic Institute, 21 Union
St., Troy, New York, USA. Onlineat htto:Nwww.lraroi.edu.
All rightsreserved. No part of this publication may be reproduced in any form, pdnt,
electronic, or otherwise, without the express permission of the Lightng Research
Center.
This ASSIST recommends was prepared 6y the Lighting Research Center at the
request of the Aliiahce for Solid-State Illumination Systems and Technologies (ASSIST).
The recommendations set forth here are developed by consensus. of ASSIST sponsors
and the Lighting Research Center. ASSIST and the Lightng Research Center may
update these recommendatipns as hew research, technologies, and methods become
available.
Check for new and updated ASSISTrecommendsdncuments at
htto:(/www.lrc. roi. edu/orcarams/solidstate/assisVrecommends. aso
ASSIST Sponsors
Acuity Brands Lighting
Bridgelux
China Solid State Lighthg Alliance
Cree
Evedight ElecUonics Co., Ltd.
Federal Aviation Administration
GE Lumirwtion
ITRI, Industrial Technology Research Institute
Lighting Science Group
Lite-On
NeoPac lighting
New York State Energy Research and Development Authority
OSRAM SYLVANIA/OSRAM Opto Semiconductors
Permlight
Philips Color Kinetics
Photonics Cluster (UK)/The Lighting Association
Seoul Semiconductor
United States Environmental Protection Agency
USG
WAC Lighting -
Lighting Research CenterTechniwlStaff
Mark S. Rea, Jean Paul. Freyssinier
Res ~ hgCenter Z ®Remsselaet'
./ a `~
34 ~ Page Appendix
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MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
ASSIST recommends...
Contents
introduetion ...............................................................................~---~-..................--'---......4
eackgrou nd .................................................._......................................................._......4
Proposed SYsiem .........................................................................................._......_......5
Step 1 ..........................................................................................................................5
Step 2 .......................................................................................................................... 6
Step 3 ......................................................._.........................,......................................_ 7
References ...................~--°---~--:.......:.._._....:..............................................................::1
Acknowledgments ........................................................................................:...._.........11
About ASSIST ...............................................................................................................11
Appendix A: The Unified System of Photometry .........................._..........................12
Appendix B: Calculating Unified Luminance ............................................................id
s ®RPnecrlaar
35~Page Appendix
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MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
ASSIST recommends._
lotroduetion
Fixed outdoor lighting supports nighttlme acWities including transportation,
' recreation, and business As with arty lightng system, outdoor tlghdng should
maximize the benefits to people while minimizirg dust Luminous efficacy
' (pndopk lumens per watt) is perhaps the most common measure of the benefit-
cost ratio for any fighting system. Systems with high Iumirlous etCCeey ere
presumed tomaximize the benefit of 'seeing' {lumens) for the cost of electric
power (walls). Indeed, In the race to improve LED system performance, much
attention has been given to improving. luminous efficacy. Gerereily speaking,
however, all d the attention has been fowsed on increasing benefit-cost ratio
without questioning the utility and appropriateness a(the txrcefit-numerator of the
lumincus etflwcy plculalion.
This issue of ASSIST recommends disdusses a new, unified system of
photometry (Rea et al. 200x). This system better characlerizes Cte benefit-
numerator in the luminous efficacy rakulaGon for outdoor righting systems used
for nighttme Illumination while staying within Cce constraints d conventional
ptafametry (see Appentlbc A far more delatls about theunified system of
photometry). By better charaUedzing 'seeing' under nighttime applications, it is
possible to beter opdmize,. and thereby reduce the cost d operating lighting
systems at nigh, inducting LED outdoor lighting systems. The unfied system of
photometry, in fact, changes the economics d Ilgftt source selection far nighttime
applkaCons
Background
- ~ The human v4vual system uClizes two dosses dphotorecepors, rods and canes.
Cones are used exGusively krproeessing visual infonnaCon under 'daytime'
fight levels found outdoors during theday and in needy ab "udod eppGcatioris
tlluminated by electric lighting systems. Under stadighL only rods provide. visual
idomnatlan. Ttrere is, however, a range d light Jevels, known as the mesopic
region; where Doth rods and woes provide Input td the visual system. As light
levels increasefrom startlght to daytime levels, the relative wnbibulron d the two
~ Basses of phdoreceptprs. to the viwal system shifts from rod-onry to cone-Dory
Input Rads and woes .are tuned to different parts d the electromagnetic
spectrum. Thus, depending upon the light level, cods and woes provide a
i dCferent overall spectral sensitivty to Ight (Rea 2000). This would be of
academic Interest only; except that most d the presented outdoor tight levels
providetl by electdc lighting systems are in the mesopic range. Sirrce IigM
sources Differ in their spectral. powe!'. distributions, light sources will vary in temps
of their visual effecCVeness depe~ng upon Cie presaibad IIgM level. Thus, a
light source does not have a single value d visual errsnacy, but rather its abitlry to
provide "seeing per walC depends upon the amoum davailable light
CommerUal photometry is based entlrely upon die pholopic luminous efficency
function (CIE 1994), which ddferentlally weights the effectiveness of vravelengths
in the eledCOmagnetic spectrum, peaking at 555 rim wCh a half-bandvridth of
about 90 rim (Figure 1). This function represents the wmbined spectral response
dJust two d the throe types d woes found In the human retina More precisely,
the photopic Wminous efficiency function is based upon the bog (l.) acrd middle
(M) wavelength sensiCve woes found in the fovea and ignores the Scone
spectral sensitivity as well as that of the rods. Although the current system of
photometry (CIE 7994} accommotlates the sdotopk luminous efficiency funcicn
®~E17S4e~er
36 ~ Page 9-195 APPendix
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MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
Appendix 5
Specification and Financial Comparison of Proposed Luminaires
Shown on the flowing pages are the following:
• Specification comparison between GE, Holophane and Leotek
• Catastrophic Warranty Letters from GE, Holophane and Leotek
• Financial Pro Forma comparison between GE, Holophane and Leotek with an emphasis on
payback in years.
GENERAL LUMINAI RE REQUIREMENTS General
Electric
Holophane
Leotek
Consist of a single assembly utilizing LEDs as its sole light source. X X X
Be rated fora minimumlife of fifty thousand (50,000) hours. X X ( X'.
Be a single, self-contained device with integral power supply unit. X X X
Be delivered completely assembled requving no on-site assembly. X X X.
Be constructed completely of metal, (except gaskets,ienses, etc.)
powder coated gray in color and warranted rust proof for ten (10) years. X X X
Be constructed such that all internal and external parts can he serviced
without removing assemblyfrom its mounting. V
A v
A vq
A
Have access doors and panels that are hinged and accessible without
tools. y
n y
n y
n
Not weigh more than thirty five (35) pounds and be able the installed by
one person X y
A X
`
Mount on horizontal tenon with adaptability hetween 15/8" to 23/8"
with vertical tilt adjustment. v
A v
n v
A
Be designed to operatein ambient temperature range from 0° F to 150° F. X X$ X.
Have thermal management that is passive and integral to the unit; no
liquids, pumps or fans are permitted. X X X
Be designed to withstand vibration and wind loads of up to 100 MPH. X X ; X
Have ingress protection rating of IP-64 on entire housing. Xl y5 y5
Be free from lead and mercury, and be recyclable. X X - -X
Have manufacturer's name, model number, serial number, and
replacement part numbers clearly and permanently marked inside each
unit.
X
x
X
Notes:
1. GE's quote provides IP-65 far Optical assy.; IP-s4 forwiring compartment.
4. Leotek-The majority of parrts are serviceable, euept the LEO array.
s.Leotek and Holophane-Optical housing designed to lP-66. Wiring comps rtment lP protection
does not meet spec.
8. gated between AeC and SOC. Claims may withstand up to 150 F for short periods oftime.
37~Page 9-196 APPendix
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MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
General
ELECTRICALREQUIREMEN75 Electric HolopBane Leotek '.
Operate over a voltage range 95 VAC to 305 VAC. X X X
Be deslgned so that linesof voltagefluctuations have lnwslble or X X X
measurable effect on.ILiminous output.
Operate at maximum amperage at LED not to exceed 700 mA. X X7 X
Haveapowersupply wiffiaPOwer Factor of .90. X X .' X
Have maximum powerconsumption for complete unit not exceeding
127W 1g4W 137W
145W for a 250W HPB. - -
Havemaximumpowercohsumptionforcompleteunitnotexceeding115 ' 92W 74W/105W~ 92W
W fora 160WHPS.
Have integral surge suppression protection to withstand line voltage X X X
spikes, lighting strikes, or other interference.
Be designed to enablefield wiring to donnectvia-a barriertype terminal '.
block with clearly identifiable terminals; able to accept conductors upto , X X -X
#BAWG.
Be completely modularwith each component including LED arrays, power
supply, circuit board, lens and terminal block being independently X X X4
replaceable.
Have individual components mounted with stainless steel captive VZ
A X6 r 'Xg
screws.
Meet FCC 47 CFR Part 15/18 noise requirements. X X X
Be designed so thaYfailure of anysingle LED shallnot result in loss of
functions of remaining LEDs, or failure-of any LED array shall. not result in X X "- 'X
loss of functions of remaining LED arrays.
Notes:
2. GEwill provide Zinc plated screws. ^a im superior to SS.
6. Leotek and Holophane-This SS feature is optional and no[ included in base price.
]. Holophane -meets spec. with 626Ma driver with 60LED (306 W );meets spec. w/30LED a ndn
700ma driver(]4W).
38~Page 9-197 APPendix
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MUNICIPAL STREET LIGNT LIGHTING RETROFIT PROJECT -PHASE TWO
General
ROADWAY APPLICATION REQUIREMENTS - EleRric Holophane Leotek
Forequivalent replacement of 250 watt HPS, LED Itm inaire shall delivera y 100E 11,756E 10,274E
minimum of 88001umens (initial).
For equivalenT replacement of 150 watt HPS, LED luminaire3hall delivera
- '.. 6,400E ,.. 5,838L/9,196L° 6,923E ~.
minimumof59501umens
(initial). -
Haveefficacyexceeding701m/W. X X X
Havea Correlated Color?emperature (CCi).4000K4300. -4,17000T 4,000CCT 3,959CCT.
Have minimum ColorRenderingIndex (CRI) of 65. 7$ 64 75.8
Have optiorial house sidecut off. X X ;> :X
Have light distribution of Type III medium, full cut off. X X X
Haveamaximum BUG rating of B2 U2 G2 (For post top lights). See Note 3.-. NOT,.: NOT
APPLICABLE. APPLICABLE."
Have shatter proof lenses, which are UV stabilized (lens discoloration v
/~ v
A v
A
shall be consideredafailure under warranty).
Maintain lumen output of>70%. Fallu~e to maintain lumen output within , V v v
A
warranty period shall tietonsidered failure. _.
Include anexteriorwattagelabelthatreflectswattsfortheselected X X X
drive current.
Notes
3. GE- IES TMl6 BUG rating of Bl UO Gl
B. Holapha ne -30 LED/]DDma driver=6,838L; 60 LED/525ma driver=9,195E
WARRANTY General ~,.
;: Electric ".
Holophahe
Leotek '-
Indudesa written l0-yearwarrant-(cb indludedherein)> `426 months: 120mohths 120mdnths..
Written Documentation of its ability to satisfy a catastrophicwarranty
claim. Luminaire failure rate of twenty-five (25) percent shall be
considered Catastrophic.
See letter.
See letter.
See letter.
39 ~ Page 9_198 Appendix
proposal for:
MUNICIPAL
`U~
a
STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
`'\
}
j
o _
~~
_j' GE Lighting Solutions
John M. Beaver
Product Service Leader
3010 Spartanburg Hwy
East Flat Rode, NC 28726
March 27.2012
SubjecC GE lighting Solutions CatasVOphic warranty Event
Company: GE Lichtinc Solutions
Address 3010 8oartanburo Highwov. East Fla[ Rak. NC. 28725
GL is a (00-+ year nld company with a value over Sl i0 (iillion. GF produals aredesigned
and rigorously tested to ensure tuglrqudity and process comrot (ur every unitproduccil.
GF_ has the financial wherewithal to stand tx;irind our product and satisfy our vtartanty as
statul in our warranty terms and conditions, including a catastrophic wxrraniy event in
the unlikely event that it should occur.
Sincerely,
~- >
Jahn M. Beaver
T +1 828 693 2154
iohnnv.beaverrrDae.com
401 Page Appendix
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MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
March 26, 2012
Jim Filanc
Southern Contacting
SUbjed: City of Chula Vista LED Phase2
Dear Mr. Filanc:
Holophane is an Acuity Brands Company. Any field issue that Hdophane warrants is backed financally
by Acuity Brands. Therefore, in the remote case that Chula Vista experiences catastrophic luminaire
faiWre, Acuity Brands is financially solvent to support any warranty claims presets or future.
Attached is the FY 2017 Annual Report for your review.
Sincerely,
Kurt M. Fox
Value Stream Manager, AEL
Page 1 of 1
41~Page Appendix
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MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
~~®The Leader in Elecero-Optic TEChnology
i 726 South Nillview Ddve, Milphaz, C/1 95035
i_rorr:i; LEOTEK Electronics Tel: laast Sao-vsa Fax: 04081518-8128
U$p Cprp. Email: wlvs@loebkmm Wdnils ~w.rlentek[om
asubsidiarycompany or LITECI]it
City of Chula Vista, CA
Arterial Street Lighting Retrofits
Warranty Certification
March 29, 2012
This tlocument in conjunction with the Lite-On 2010 Annual report certifies the capacity and
intent of Leotek USA and its parent company L'de-On to stand Hehind any catastrophic failures
of our product provided to the City of Chula Vsta for their Street Lighting Retrofd Project Phase
11. In our estimation a 25% failure of the most expensive fixture would result in 514 fuc[ures
failing at a total cost of roughly $250,000. As a four billion dollar company this amount is well
within Lite-0n's ability to absorb. Thus should any catastrophic failures occur wdhin the wartamy
period Leotek and LRe-0n would stand behind our product
Chris Nye/~~
~--!„ 7i
Vice President Sales and Marketing
Commercial and Industrial Lighting, Leotek USA
1-
42~Page
Appendix
9-201
proposal for: ~~'
CMSS~y(5$A
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
Financial Pro Forma Comparison Between GE, Holophane and Leotek
a..a by snnunn nm.ana5 t4's:~gl
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ms ola GaneralEYe4k xebpnane seMN
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nulEnMaSe
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35
$345] $9 1 $35,633 1 68P0 535.63E 5000 1 .6]
$
$la4 $ $3]m3 $100390 $31.w] $3m 390 33]603 1 $1D0 39
N Ra
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wvollea cmJn a 3511 $03N 19,515 $9.669 336,1aE
TeS FSTImpROm beEA9 St s6 53w.M SE s Sn6 tsi
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Sn493a Sm_m Sz9D SsP.w 53s;63e $saml $u9.m3 SSD.m Sm5s3
SII.69 SI.IE $5.15 59.06 SSM 5156 $5.55
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MnpMVEreRVEa6wa Wn H,I3] $1.9N $IR353 5].e50 H,I31 $3.150 $19,353 $0,9m 55.13] $1,063 $19.351 $B,KE
N p
nwalEnryvcalnaaum H9,651 353515 sxn;xn 594aas s59,w1 $55,555 fz3z.zn 4a.wi $59.u1 sxxs99 Sxs;an slDlsbs
Pnmel9aNrea $x403] $13].903 $33,066 $05,355 $11.M3 5130,%3
PMeaY In Yean 10.563 11P5 ]Shc6 0.139 99>3
Tmal PVeeaie Pm1eM ?65 9.10 1.36
paaplHe LanSrob Pea6Y
o Dm
1D DlD Om
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H $1.969 $19.351 $],BSa $a
3] $3,150 519,353 50.9tt $a.131 $1,003 $19,35E 50,566
nnmal Fn ev6.mnnDnn $n.wv fz46u $z3?331 596,365 $a,wl 535.13 5x3;m 51%en $6RU] Sz?599 5]w,zn S1D;565
4nnwlsaNres $34m1 5133y0i $3;e6a 3115,355 53?wl $tw.%x
P.wa.E In Yean
nPnnn.:
sp66E FrpmaMelanna llr/nrt aM abnl, pMtbe eoNlmetl b5D66E
11.51] I6.]% BBM 11063 ].%D
inal4ren0e Pmjns 5.10 ]oW 0.63
43 ~ Page Appendix
;~1(/,`;
proposal for. '`
mulamri
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
~~
Appendix 6
Technical Data Sheets for GE, Holophane and Leotek Luminaires,
including Mfgr. Warranty
General Electric (GE is offering a 126 month warranty)
LE
Lighting Solutions
of Chula Vista
HPS Replacement
0 CXCX 7 40 2 GRAY
ap[ive Controls Ready
0 CXCX 7 40 7 GRAY P
HPS Replacement
0 EXCX 7 40 2 GRAY
aptive Controls Ready
0 EXCX 7 40 7 GRAY P
Evolve" LED Roadway Lighting
Scalable Cobrahead (ERSl, ER52, ERS3 & ER54)
:e
,..~.-,aa,: ~w derv?,
~, aia
's`:s T ,
~_
~~~~ • ~
In ~ 4 ~ ~ - j t ;,
~ IrT1QC~ingClOYI CJt LNUf
44~Page Appendix
9-203
proposal for: ~u
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
{wR
Prodtact Fzaitares
From local to major roadways, the GE EvolveT^ LED Roadavay Smlable Cohmhead fi#ures are changingthe wayyou
light your lanes. Preserving thz aesthetic lock of hadi[ionol raadwcy Cobmheod fixtures. GE lialanaes the techhiml needs
of a sophisticated LED system with the functional demands of an outdoor nxture (acing extreme weather hazards. GE;
advanced LEG aptiml design offers hundreds of pho[ametdc options to meet your pfecise lightiig requirements, while
delivering reduced glare and improved light contrd The refined thermal management syst_m ihmrpomtes a sleek and
robust heatsink tlirectly into the fixture to ernure nwximum heat transfer and long LEO Irfe.
The GE Evolve LED Roadway Xala6le Cebrahead offers snore than it years of reFu6le sernce life to signmtanUy reduce
maintenance frequency and expense, based on a 10,000 hour life and 12 hours. of operation per day. This efficient facture
can yield up to a 50-percent redac[ica in system energy compared with standardHlD systems, depending on roadway
applications.and can also be paired with programmable dimming options for even greater savings and control.
Af±plic:afrons
• Designed to meet recommended luminance and
illuminance requireiT+ents for local to major
roadway / street dlgssificadons.
Hcusrng
• Die cast aluminum housing,
• Amodern designpreserving the aesthetic look of
traditional rcpdway Cobmhead fixtures incorpcmtes
the heat sink directly into the unit ensuring maximum
hoot transfer and long LED life.
• Meets 2G vibration per 0136.31-2010
Far.3G rating contact manufacturer.
• Power door assembly with remova6(e retention latch
LEG S Optical Assrmbly
Structured LED army for optimized roadway
photometric distribution.
Evolve light engine conss[ing of smlable reflective
technology designed to opdrnize opplicafion efficiency
and minim¢e glare.
Reverse facing light engine options avalable.
Utilizes high bryhtness LEDs. 70 CRI at 4~OK 6 570OK
typical.
LM-79 casts and reports are performed in aewrdan<e
with IESNA Standards
lumen Mairtenanca
System mdny is LSS at 50,000 hour. Contact
manufacturer for Lxx rating (Lumen Oepreciafion
beyond 60.Ca0 hours.
Motlrzfing
• Slipfitter with+/-6 degree of adjustment forleveling.
• Integral diecostmounting pipe stop feature.
• Wildlife intrusion prtection at mounting pipe entry.
• Adjustable for 125 in or 2 in. mounting pipe.
Fi nisi,
• Corrosion resbtant pdyester powder painted.
minimum 2.0 mil thickness
• Standard colors: Black and Gray.
• RAL & custom colors available.
Eter_tficgf
120-277 volt and 347-480 volt available.
System power factor is >90%and THD <2096.•
Class'A' audible sound rating.
Integral surge protection:
-For 120.277VACper IEEE/ANSI Cb2.4L-1991.
6kV/3kA Location Category 83 (12~ Eventl.
Optional high capability surge pmtxtion per IEEf7
ANSI 062.412-2002.
- Rafrna T_ -'OkV/:kA Law[icn CaNy=~ry f?0 ewn~i.
- Rc:inc 2.6kV/3kA! cootie ; Ca~_pn; C-! ew (iL~ ~er~:is
EMI: Title 47LFR Port 15.CIass A.
Phoro electric sensors iPE).ovailable for all voltages.
5^Jy~m Power ru::m-aM*em iscairnimx! sprcd~n+ar i?Ov
IDµtami ruzm;vmiwd cwdR:c-s.
NlvrranC.y
• B-year limited system warranty standard.
f2(fflnrls
•. fJ/•Q listed, suitable forwet bcations per UL 1598.
• IP66 mied opticpl enclosure per AN51 C13626d009.
• Temperature rated at -40• to 50°q-40° to 45°C for
ER54 347-480Jfa[urest.
• Upward Ligh[Output Ratib IULORl=O.
•. RoH6 compliant.
45~Page
Appendix
9-204
vi,r~°r
proposal for:
a~s'~vstii
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
°):~ ~ F'
150W HPS Replacement
OrderingNumtrerlogic ERS10CXCX7402GRAY ,
scalable Cobrahzod (ERSA W/Adaptive Controls Ready ,
ERSt 0 CXCX 7 40 7 GRAY P ~^
... #`---.~ r
E R S 1 _ 5 _ _ _ _
pl 0 C Y)J I AN I N9 ] ]W 6 00 C'J M ~ 1 N.. I(LR 5N F E
~ al
a ., 1 c rv e- fi s] E ..N x E e awr -' f z Adapflve
I.p=- l 41' IN 4 -vw >2+ s .rA i eE 4 S ~ c lam) e. L fA ( E t
4 nsi el )~a cme~^]Frz
•.ml 5 n C' a Pf V !. 'rc~ F
4ve^blti 0 •1+.• d As r 4e e] Oa
Ipp~r1 ho'J'v.). ] n~G .Prapc'.e
[ttifs 9k •.m T h iF ~.o+
q ..'~ Ltl(•Kln~rsl' ~e. i ~Y - 9.G-m 9.fPrec:cce
FED sY.R. iG' 'm 'd'e' v4h $tG f'3G^F' N'.t IL';lF^a
14r49h L N} Yak P[iC C ^F vV.3. I L-
- F% AS J't~BC"e .,.yUxl 4nda}/M.5hPC ~e=C... G:Ft:el: i5
tte3uml 1149°WA::2°[NGeEM 1¢
'C'x' ~ngmnvx cc esF
..¢_iL
5'2k) !yT
P 7Y
. C'. \: CO:^:l
ex -. er 4u^a :cro se - 45uear 4;ef:c
IX EI:J EES
L I4 454020 -
`
'
IN;::, J:^J M1L"G I tl) x[4660
i4f
IX BN lCd
4 44EID E6)
IX :9 0) )4 4~46i° FE4a~E
p JeCJ 1~ 6 4) e54o52 U4fiJ
C% : d i2'w 4„4 E4 454561 Na46i4
t, GiN': SJ.. b:9 q 4± tcWC2 RASE
IN- kt C:A WCO bE4a5 W4a>E
IX SJW S: ~C 6) ]4 e542ae ci42r]
r>rn%, Jaoo Jxco (z 4) .x4661 ;iatl
IX EN 4^]2 eJ]C 454Gi2 ai45
IX E4A A) )e (5uv 4;4E4a
see 700mA Da[a Chart
46~Page
Appendix
9-205
v~l/„
proposal for '
auc`~`~ara
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
Phcreometrics
;culn='e G>cruhescl lFF5.2!
c,.t~
`x.Prc! t ~ Synrtmf : A4.uum:
Ili;<ti tt
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asummanc Fvrx~rC',~=ra 3kmrt
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SfOUi
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Asurnr..etrlc ld¢diu; r,
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5700K
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Isc €!or
Gq!; Ciiarie In U01t: CI
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FGnL* ~,^~iL= Vn Lia ,ri e r-n0a
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47~Page Appendix
9-206
~~a~.
proposal for: ~•'
auiXY~su
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
Ordering Number LDDIC
Smlahle Cobrahead !ERSZI
ERS2 D
6E'
I =[40'
•.d-.
9 =4'(I•
o -Sir'
4-j6s:i~~(-:•e
ao Jz_y
HX - DX
250W HPS Replacement
ERS2 0 EXCX 7 AO 2 GRAY
WlAdapiive Controls Ready
ERS2 0 EXCX 740 7 GRAY P
5- 57 - 2 - GRAY
BY. W.:.r vzE C'iw
i.~A
~<r'n ;4MOE.
- Y.mi Ena
IX.IGYC.v21:¢ Clvr¢
%{ 0.M1~.mel gpC Nile
C .SM
m1 I _
IX• WJnr!'[li~
4 s :: Ye :~
5 = -= iec vit'dc[me
~. ar.,~.ne:E ae:ecn::e^
~.- lie 14r
x,.acz:u*'
oo~~~tGCcpsv~ ~.e
ee cr-er. mierY.
]~-Gxc;s:n~
. ar ~~~~
ELLO W
s;x
ez
49<s;b
om9]3
IX ]coo sx i4 lcz 4s=E9? 4m9a4
)i5]FA:::'.i:. RII ECx 'ew^] :I4 4EL6CL 4549]5
« - 9000 ~rx 54] eswc: LmwE
Nx TC5 IDEC-v ]SC Rf h-tria 494X]
pl ESCL E9x Ee 1 49cE9t l4E'U
FY. ]3fIJ t9x, 9C `L[" 4a4p:E h54od$
IX - IX '9oCC iCx FE :ID VEe6:i V54v2_
IX >I 94aL :C:'A '31 I 4E4ei] 4i4vdC
NN LOSS JIJ~J JL a I =54:26 45481
tS:-Le(¢.>, Six a]x i2 9i I 494"e)9 454eN
?IX" 4E46i1
Fli .:! d E$x E9x SCE i:4 4Yi11 q+4ER
IX -.:. 930] !C:]C 53 454E+9 g5g6%E
XK'> 1CSx SSIx HC iC 4E<6J? 4E.o4':
q4 .' ESx 6fi9 33 454?L9 4E4?ll
IX '. ]S:L i?x 94 4i(SC5 454?Sq
IX IX 6400 Sax se .m <s4=; 454es
IX :' oppp 1Clx lE] 4549[: OE4?26
'Ny, " !pqy: 112"A
2C 14G 4s49:d 494?P
,DM 'r ECCC EW^0 3i 5 49461E 494iiJ
IX ;I 69x ]YT 9n as4EE] 414649
' IX'b IX »x :ix 9E llq 4XEi6 4:4E4r
' IX 99x i5x 1'E :P 494E a 466646
"HX ! iaLa 1CA0 llC :C 4Y634 45464E
House sitle pnommetry aptam c.~mlaNe Wring reverse lacing ligkenginesl
Contact monutaMrer krmore inlormoxan.
E ,~
t~
~~~r~
0117 -
FKiLnel
x Adaptive
•c ..e. ~.. cs.l ~.
:. a:n. chdiu.:
see 700mA Data Chart
48~ Page Appendix
9-207
~ur~
..±~:
proposal for: ory„
crruwvsrK
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
Cnuk Vista
t50W HPS Replacement
ER514CXCX 7402 GRAY
49~Page Appendix
9-208
GE Photometric Data by mA
proposal for: "~,= ` ',~;
cNUwvau
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
Chula Vista
250W HPS Replacemnl
GE Photometric Data by mA ER52 o EXCX 7 -00 2 GRAY
50~Page 9-29 APPendix
O
ail(l.
proposal for. '
au~r%ra
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
Ph~tametrics
Scnlr;SlA Co6ruftead{-P51.'
F.PSI
Erxru Nnm+rra 9s~nnmxtne Fledom~
1C% pj
S >GO Lun3ne.
SIOGP', ns
~~FeSG ~'3L 10s
eF51
Naoa_v.•A".jmmR-0~~fged~ilm
I J:E:ii
E?60 Lbri.ns
v JOP, ";
liRSl
?tiymn.++tl Shot
!~_%Ci
5.6W Lemans
;700Y, r;
Ef'-1
az'~rnmamq.Por,.~Jr. Uery `.Hart
iC%6k!
4t0U LamJx
G4'=&'iZb:S
r'wgnnMnr H_liom
tC:fiLfi
~ QM1 LI:61(Il
i7G0Y,
CieeS°n45:iu-
I50 F!c;
Glnjirl.Y'JIR21fi VnfS 'f
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.in>.n:rd~e VUlua~ at t--nude
re
vu
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co
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oe
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en
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of
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ou
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Pclat Gelbe rl},3;vph
va'.arlsatv:rtiml en2 tmnxnmi ~~,Klt; a'Urilkucon 5[P°
i'Wnafiroueh Hacnnx!~ngl> h U`gtblFk~snllR, n?Igh;
'•luelmc-: Cc':.eleea~:er
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51~Page Appendix
9-210
«~
proposal for: `'
mtnavsci
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
FIVE YEAR LIMITED WARRANTY
GE Evolve'" LED light fixtures
GE Lighting Systems, inc.
Limited Warranty:
GE Lighting Systems, Inc ("Manufacturer"1 uvarran[s to Purchaser that the GE Evolve' LED fixtures fthe'Product') will
be free from defects in material and workmanship for the bngerof five (5)yeors From lil the date of manufacture as
identified by the date code on the Product, and fit}the date that the Product isshipped by Manufacwrer fit Purchaser
can substanfiate the Manufacturer's dote of shipmentt. Manufacturer does riot warrant the photoelectrk conVOls,
which are covered by the applimble warranty (rf any) of the mm pony that manufactured the photoelectric controls.
As used herein, the term'PUrchaser'means a purchaser for resale or for use In business.
Terms And Conditions
This wawnTy applies only to Products that have been properly stored, installed, and maintained; operated within the
specified electdcal values; and operated in environmental conditions {e.g„ temperature) within the normal specified
operatlng ronge of the rys[em. The warrantee are VOID If Purchaser or the user falls to comply with any applicable
instructions and recommendations of Manufacturer; if the Product is operated more than 4,400 hours per year; if
any LED light components are replaced whh components of other manufacturers, and in the event afconditions
demonstratlng abnormal use orstress, including under/over vdtage conditions, excessive switching cycles, and
operation at an ambient temperature higher than the normal specified operatlng ronge of the system. Manufacturer
shall riot be responsible for any failure of its products that result from external muses, including but not limited to acts
of God; power surges that exceed product specifimtion; improper power supply; fouR or neglgence of the Purchaser or
user; Improperor urwWhorized use, Installation, handling, srorage, alteration or service; any abuse, misuse, abnormal
use or use n violation of any applicable standard, code or Instructons for use In insthllations Including those contained
in the latest National Electrical Code WECI, the Standards for Safety of Underwriters Laboratory, Inc lW, Standards for
the Amerimn National5tandards Institute (ANSII, in Canada, the Canadian Standards Association 1C5A1, Europe (CEI,
Australia (GTickl; or any cause other than a defect in the material ar vrorkmanship of the Product i1seH.
Notwithstanding anything to the contrary in this limited warranty document, the LED module of the Product shall not be
deemed to fail to meeC the warranties above unless ten percent ISO%1 or more of the LEDs in the module do not light.
Remedy
Ifany Product fails to meet the foregoing warranties. Manufacturer shall correct such failure either hy, at its option,
(il repairing any defective or damaged part or parts of the Products, or iii) making available. F.O.B. Manufacurer's plant,
any necessary repaired or replacement parts. Manufacturer is not responsble for lobar and other costs and expenses.
To Moke a Warranty claim:
No products may be retumed until Purchaser has contacted MonufdRurerand received a Retum Mpterial Authprizotion
('AMA"1. To make h warranty claim, retain the failed products and noGfya GE Lighting Systems, Inc. customerservice
manager within thirty (301 days of the foilute. Aker contacting and receiving an RrM number from Manufacturer,
Purchaser shall promptly return the Product after receiving instructions regarding i{ when, and where to ship the
Product or part The Product or part must be retumed within 30 days of receiving RMA number, and the shipping box
must be clearly marked with RMA number. Failure to follow this procedure shall void this warranty.
Manufacturer reserves the rght to examine pll failed Products to determine the muse of failure and patterns of usage
and reserves the right to tie the solejudge as to whether any Product or componen[sare defective and covered under
this warranty.
Limas Of Llabil(M
TH E FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTI ES, WHETHER WRITTEN, ORAL,
IMPLIED OR STATUTORY. NO IMPLIED STATUTORY WARRAMY OF MERCHANTABILITY OR FRNESS FOR PARTICULAR
PURPOSE SHALLAPPLY. The provisions of this document constitute Manufacturer"s sole warranties and Purchaser's sole
and exclusive remedy for failure of Manufacturer's products to conform to the warranties specified above.
521 Page
Appendix
9-211
proposal for:
MUNICIPAL
V/
~.`
[xti%~i8rn
STREET
LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
The total liability of Manufacturer on any and all claims of any kind, whether in conhact, warranty, tort linduding
negligence), strid Ihblllty or otherwise, arising outof, mnnected with, a from Manufacturer's performance or breach of
this warranty or from [he manufacture, sale, delivery, resale, repai[ replacement or use of any Product, ar the furnishing
of any service, shall in no event exceed the price allocable to the specific Product which gives ree to [he daim; and
any and all such liability shall terminate upon the expiration of Manufacturer's applimble warranty period specfied in
section lalabove. If Manufacturer furnishes advice or other assistance which mncems any product, ar any system or
equipment in which any such product may be installed, the furnishing of such advice or assistance shall not subject
Manufacturer to any liability, whether in mntraa, wnrmnty, tort linduding negligencel or otherwise. IN NO EVENT
WHETHER AS A RESULT OF BREACH OF CONTFL4Ci, WARRAMV, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
OTHERWISE, SHALL MANUFACTURER 8E UABLE FOR LABOR CHARGES, LOSS OF PROFITS OR REVENUES, LACK OR LOSS
OF PRODUCTIVITY, INTEREST CHARGES OR COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, SYSTEMS SERVICES
OR PRODUCTS, COST OF PURCHASED OR REPLACEMENT POWER, DOWMIME COSTS, DAMAGE TO OR LOSS OF USE OF
PRODUCTS OR ANY RELATED EQUIPMENT, SYSTEM OR fACIUTY, OR FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL OR
PUNITNE DAMAGES OF ANV NATURE
CT.F2P°r~
L'10 GEL!
53~Page Appendix
9-212
~Vlr ,
proposal for: '~-~`'-
cnu`Pk`tmu *`
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
Holophane
SUBMITTAL PACKAGE
54~Page
Appendix
9-213
~u~r >
proposal for: ~'
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SS~Page Appendix
9-214
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Specifications
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56iPage
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R2 5240 74 6598 93 6958 98
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60 R2 7223 69 9050 86 9574 91
525 : 105 R3 7445 71 9195 88 9991 95
R2 9243 64 11756 82 12290 85
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59~Page
Appendix
9-218
proposal for: '~'
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MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
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Specifications
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Pedortnann 4 camparebk ro 70.250W NPS roadway luminalrae (as dekmdned by RP-8 rewmmerded
illuminance, in average footrandlea, for applinfiona wmmon to those wattage). ~
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60~Page Appendix
9-219
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Package (mA) Input Warls Opic Deli~.ered lumens Eiacay (LPW) Delivered lumens, Elacay (LPW) neli~ered lumens Eltficay (LPW)
R2 2652 72 3262 08 3542 96
350 37 ft3 2716 73 3400 92 3834 98
30 R2 3697 67 4596 84 4769 87
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R2 4679 63 6034 82 6257 85
700 74 R3 4776 65 5836 79 6435 87
R2 5740 74 6596 93 6958 98
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525 105 R3 7g45 71 9195 88 9991 95
R2 9243 64 Y1756 82 12290 85
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Data is consitlered accurete as of the revision date shown. Information is
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MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
S~9cuifyBrands STATEMENT OF UMiTED WARRANTY
FOR ACUITY BRANDS LIGHTING, INC. LED OUTDOOR LUMINAIRES
FOR CITY OF CHULA VISTA RFP DATED MARCH 29TH 2072
Lighting Rev. 3'27y,2
Subject to the exdusions s et forth bet ow, Acuity Brands Ughdng, Inc (°Aady") waman# its outd oor lig M ematm g diode (LED) Nminair es,
including the LED art ays and M e LED drivers and integral c ontrd devices (" LED W minaire(sp, to be fr ee h om defect in material an d
worMnanship (the °LED W artanty") fa a p eriod often (10) years from the date d shipm ent from Acuity s fad AAes. The LED arrays m Ne LED
Luminaires) will b e considered defective in matanal or worianarrship oNy R a trial d 15 %or more d be in tlrvitlual light emitting doles in the
LED Luminaires) fail to illuminate, antl the painted finish of the LEO Luminaires) will be considered tleecfive in material ar wodonanship only if
there is substantial deteriercfion. in the tone of blistering, crectcing, a peeling. The painted finish is not wartaNed againd Eatling or chalking, as
LED Luminaires) may naturally fade or chalk overtime due to nartnal aging.
This LED Warrady applies only when the LED Luminaires) are installed in applications in which ambient temperatures are within the range of
Intended operating temperatures, only when such LED Luminaires) are used in assodation with a valk automatic dayNgM shutoR medtanism.
Awity will not be responsible under this LED W'arratty for any failure d the LED Luminaires) that is a rewd d external causes such as ads d
nature; physcal dam age; environmental conditions; vandalism; ftre; po we failure, improper p owe su pply, power surges or di ps, or excess ive
switching; induced vibration; animal qr insect adiNty; fault or neg ligence d purchase, any end user d the LED L uminaires) or an y dtktl party
rid engaged 6y Aady, improper or unauthorized use, installation, hantlling, sto2ge, alteration, maintenance or service, orfailure to comply vrith
any apOficeble codes antl/a rccommendatiens or indructians dAcuity, failure resulting from use with entl use or ttdrd party supplied protlucts,
processes or materials; G any other acc urtences bey antl Aced y's reasonable contrd. Acult y will also no[ be res pansible untle this L ED
Wananty for a ny su bdantlal deterioration in the fixture fini sh that is caused b y fa ilure to clean, Ins ped or maintat n the fl nish of the LED
Luminaire(s). Bthe LE D Lum inaire(s) are used on existlng Tound atlons, anchorages or structures, the en d user is sdely responsible tar m e
strudurel integrity ofsudt a "sling fou ndadons, anch arcges or structures and all co nsequenees arising from their use. Adeq uale recortls d
operating hidory, maintenance, and/or lestmg must be kept bythe end user and provided W Acuity upon request to substanttate that the LED
Luminairejs) have failed to comply with the terms ofthis L EDWarrcMy. This LED WartaNy doe not include acoulamp° products, poles (and
assodated coo unting hardware or anch wage components), Acuity erne gency pmduds, or C onbador SeledTM protl uds, each of w hick is
gwemed by separete warranty terms. T his LED W arranty only applies to cammerdal sales antl. does rid ap ply to sales of LED L uminaire(s)
through home centers, retail outlets, showrooms, or the interact, each of which is gwemed by separate vrartanty terms.
If Me LED Luminaires) fail to compl y w@h the icons of this LED VJarrenty, at Acudy's optlon, Acuity will repair or rcpt are the LED Lummaire(s)
with the same or a function ally equivalent LED W min sires) or component part. TMs LED W artanty exdudes labor and equipment required to
remove an d/or reinstall original or replacement p arts. This LED W arrenty extends only to the LED Luminaires) as delivered to, and is for the
sde and exduslve benefit of, the original entl user tithe LED Luminaires) at the original location. This LED Warranty may not be transferted a
assgned by th a original end user. The repair or replacement d any LED Wminake(s) ar wmponent part wfiNn the LED W minaire(s) is the sole
and exclusive remedy forfailure of the LED W minaire(s) to camp ly with the terms d tNs LED Warranty and does rid extend the LED Wanady
period. WarreNy claims regarding the LE D Lummaire(s) must be submitted in writing within (30) days of discovery dfha tl efed or fai lure to an
authored Acuity post-sales or customer service represedadm. LED Luminaires) a LED artays may be required to be returned for inspection
and veriACanon of non-eo nfonnance by AC Ulty, butno LED LUmin aire(s)or LED arrays will be acc epted Tor ins peedon, venfica0on or rdum
unless acc«n ponied by a °M Urn authoratlon number' whidt can be obtained only from an authorizetl Acuity post-sales or custom er service
representative
THE FOREGOWG WARRANTYTERMS ARE IXCLUSNE AND IN LIEU OF ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES SET FORTH IN ACUfNSTERM SAND CONDRION SOF SALE LOCAT ED AT
't b d /C d R rr d d'fi AND ACUITY IXPRESSLY DISCUIIMSALL OTHER WARRAMIES,
EXPRESS OR IMPL IED, RELATING DIRECTLY OR IND IRECTLY TO THE LED LUMINAIRE(S), VN-IETHER ORAL, WRITTEN, OR ARISING BY
COURSE OF DEAUN G OR U54GE OF TRADE, WCLUDING WTMOtfT LIMRATION ANY WARRAMIES OF MERCHAMABILTfY OR FITNESS
FORA PARTIWLAR PURPOSE.NOAGENT, DISTRIBUTOROR OTHER SUPPL IER OFACU ITY PROWCTS HAS THEAIJTHORLTY TO
MODIFY OR AMEND THIS LED WARRANTY WITHOUT EXPRESS WRITTEN AUTHORIZATION FROM ACUITY.
The trial liability ofAcuity on any and all claims deny kind, whether in coMred, wartanty, tort (inducting negligenpe), drid IiabilBy ar dherwise,
arising out d or in cannedion with, or resuting from, Awitys performance ar hreach of Mls LED Warranty, a from Awdy's sale, tlelivery, resale,
repa'a, or repla cement d an y LEO Lumi mire(s) ar the Tarnishing oT any services, shall in no event exceed rite purmase pace alloce6le to the
LED Luminaires) that give rise to the claim ,and an y an d all such I lability shall terminate upon the expiration d the w anady period sp edfied
above.
IN N O E VENT SHALLACU ^Y BE L IABLE FOR AN Y INDIRECT, SP ECIAL, I NCIDEnfiAL, CONSEQUENTIAL, EXEMPLARY OR PUNITN E
DAMAGES, EVEN IF IN FORMED OF THE POSSIBILfN OF SUCH DAMAGE S, YvHETH ER AS THE RESULT OF BREACH OFCON TRACT,
WARRANTY, TORT (INCLUDNG NEGLIGENCE), STRICT LLABILfTY, OR ANY OTHER THEORY, INCLUDING W1TH WT L9ARATION LABOR OR
EW IPMEAfi REQUIRED TO REMOVE AN6rOR REINSTALL ORIGWAL OR REPLACEMENT PARTS, LOSS OF TIME, PROFRS OR REVENUES,
LOCK OR LOSS OF PROD UCTIVITY, IN TERESi CH ARGES OR COS T OF CAPRAL, COST OF SUBS TRUTE EQUIPMENT, Sf5 TEMS,
SERVICES OR DOWJTIME COSTS, DAMAGE TO OR LOSS OF USE OF PROPERTY OREWIPMEM OR ANYINCOAIVQJ IENCE ARISING
OllT OF ANY BREACH OF THE FOREGOWG LED WARRANTY OR OBLIGATIONS UNDER SUCH LED WARRANTY.
Acuity reserves Me rig M to modify ar discontinue th is LE D W artanty wdhaut n dice provided that a ny wch madificadon d discontinuance will
only be effective with respect to an y LED Luminaires) p urchased afte sudfmodlfic anon or disc an0nuance. Except as sd forth in this LED
Warranty, all other provisions in the applicable Aady Terms and ContliOans d Sale apply to any LED Luminaires).
0201' AcuVro Bmn4 Livh:im.lvc AA 6vM1tr rowel 0ffi2f11 AJti ]S) Qltdo4r Five-Yee Wanmty. Fam No. 503.206
63~Page
Appendix
9-222
proposal for. ~~:'
cnu""iAvuTn
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
Leotek
4heJ=eader im~ectro-±pXa1~~"~,'inWOgy'a~r ~e 1 n',
LttorFr Job Name:_C
.we.w.nmmweraLlTEC1)~" Type
Catalog Number: __ GCAt-40E-MV-NW-3-GY-700-10YRWAR
LED's ~ ~r-~~"pbra"' Street Light
Ordering Example
GCAl LJ 40E I I MV i I NW !-J 3 i GY
GCS-LED li Number/ Voltage Nominal Cglgr Light Distribution I Fini
Street Light 1. Type of LEDS Temperature° 2-Type2 GY-
GCDS-LED ~ MV-120 -27N NW -4300K ;-Type3
Street Light i 20E HV-34]-0SCV
Dimmable ~ 30E
GCAY-LED 1~ 40E Notes:
SIRet LlBhl 60E 1. Meets BUyAm¢rican PrwiSion of APRA
GCADis-LED 80E 2.NW Stantlartl. Cpnsuh fattory far ocher coloaemperaturez.
3. Gray rtantlartl. Consult fattory for other Finishes.
', 6treel Light 4. FlUSh moumed shield easily Fleld installetl. CUts ligh[olf %mpunting height
Dimmable I behind luminabe.
S.NO,rgeltl atllustable drive current Specify setting 3apmA, 9GnU,or ]OpnfA.
luminaire Specifications
Morning: Die cast aluminum housing with universal four-belt slip firer mounts tv
St/°"to 2" (IS/v" to 2afa 0.0.1 diameter mast arm. All hardware is stainless steel.
Cooling fins maintain LED junction temperature assuring Ivng LED life and
efficiency. ElecMtal components are accessed without tools and are mounted on
removable power door. Power door features quick electrical disconnects to
terminal block and LED board. Phvtacontrvl receptacle Is standard and can be
aimed without tools. Phatocvntrol is provided by others.
Light EmiNng Dlades: Hi-Flux/Hi-power white LEDs produce a minimum of 70%of
initial intensity at 70,000 hours of life. IEDS are Sested In accordance with IE6 LM-
80 testing procedures. They have a mean comelatetl color temperature of 4300K
(standard). IEDS are 300%mercury and lead tree.
Optial Systems: Micro-lens systems produce IE6NA Type 2 or Type 3
distributions. Luminaire is dasslfed as Full-Cutoff with ll%total lumens above 90".
Etearical: Power supply (ea[urs a minimum power faLYo! of .90 and <20%TO[al
Harmonic Distortion (THDI. EMC meets ar exceeds FC[ CFR Part I6. Transient
voltage complies with AN61 C62.41 Cat. A. Power supply ¢ field adlusiable to
360m0. 630mA, or 700mA drive curtent. Standard factory setting iz 700mA
Integral surge prafector is tested per AN81/IEEE C62.46 procedures based on
AN81/IEEE [62.41.2 definitions for standartl antl optional waveforms for Location
Category C-High.
Finish: Housing receives a fade and abrasion resistant, epoxy polyester powder
coat, light gray Mish stantlartl.
Ustings/Ratings/Wamantles/Patents: Luminaires are UL listed for use in wet
locations in the United States and Canada. Optical systems maintain an IP66
rating-Five-year limited wamnry is rtantlard on all components. Patents pending
Phomme ~ All luminaires are photometrically tested by certified indepentlent OpbonalH
I 700 I
Accessories/Options
BSK-Bird Spider Kit
6P8 -Square Pole Bracket
RPe -Round Pole Bracket
PTB - Pale-Top Bracket
H66° -House Side Shield
350 -Factory se[ 350mA
Drive Current
538 -Factory set 630mA
~' fight strips Is factory or field installable.
- ----- 1-]9 testin rocedures
BP
I
i ~ i
~- ~
1 &
^_ i^ ap a asl
~ R
Weight EPA'
as i . -._ ~- r
.-. ,
,
' __f
~~ eo 211bs. 19k81 09fP
ssc ___
t.-_
w '.
___
'EHettrve PmjtticA Frca jmmull fatlory for multiple um[5
LEOTEK USA
]Z65outh Hlgview odve
~i~E ChnOlOg/ ®
GCat units are manufactured In w~L.~ ~~ U`
Milpins, (1!95038 USA and meet Buy American ~'11L-
To1lFrat:19a81gaE1188 1Y5:-2.i:.i;?TSt:.": Jt',i
requirements within Me ARFiA
CN.g11711
F°:14081980.g53g :^%'~ji'rL il'i''~af.L>OF^; Intartnadon provided subjec[to change wlNOm notice.
64~Page
Appendix
9-223
Removable "power door" opens without
tools and hangs securely during wiring.
~U(~
proposal for: ~'• -.
aju~a~~sra
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
~--' ®The Leader in Electro-Qptia Technology Leotek Electronhs USA Cwp.
f ~EO~ 7265outh HOlview Drive, Mllpaas, CA 95035
I Tel: (408)380.1788 Fax: (408)518-8328
F-matl: alesspleetekwm Webeke www.leatekcem
asubsldlary company of LJTE[I]~f`
WARRANTY STATEMENT
GCAt &2-10YWAR Series
Leotek GCA182-10YWAR sedes luminaires are covered by a ten-year limited warranty from the
date of delivery. Leotek warrants these products to be free of defects in workmanship and/or
material. Leotek Electronic USA Corp. will repair or replace any units found to be defective
within the terms listed below from the date of delivery. Leotek's liability under tlliswarranty is
limited to repair or replacement of the unit.
Leotek will not be liable for defects due to improper handling, misuse, negligence, accidents,
acts of God or nature, exposure to casualty of elements, or unauthorized alterationhepair. In all
such cases, the womanly is immediately null and vdd. This warranty does not cover photocells
or any components (such as control or monitoring devices) not provided byleotek.
This warranty is exclusive of all other warranties, expressed or implied,.and Leotek hereby
spec~cally disclaims all other warranty claims df any type: inducting without limitation, a
warranty of merchantability of any unit or its fdness for arty particular use or purpose. The
customer's remedy under this wananty is exclusive. In no event shall Leotek be liable for
interruption of business loss, profits or indirect or consequential damages, injury to person or
damage to property from any cause whatsoever
Please contact your local Sales Representative prior to contaMing Leotek tliredly. Leotek
Technical assistance is available from our Technical Support. Department during the hours of
8:00 AM to 5:00 PM Pacific Standard Time (PST), Monday throughFriday, excluding major US
holidays. Please provide the model number of the product.
Return Material Authorization
Prior to returning any product for repair or replacement, Leotek requires that a Return Material
Authorization (RMA) be issued. The RMA can only be issued by Leotek. When requesting an
RMA, the following. information must be provided to Leotek: product Model and Serial Numbers,
Date of Manufacture, and a detailed description of the reason for return. A Leotek
representative wilt document the issue at hand and make the appropriate arrangement for the
return of the unit/product.
When returning the product, the customer must adhere to the following procedure(s):
• Prior to returning, contact customer support at (408) 380-1788 to obtain an RMA
number(Retum Material Authorization).
• Clearly mark shipment containerwith RMA number.
• Include a return addressand contact information with the shipment.
• RMA's are shipped via customer paid postage to:
o Leotek Electronics USA Corp. -726 Hillview Drive, Milpitas, CA 95035
Verification of purchase may be required. Leotek will not be held responsible forany
damage to the product that occurs during shipment Failure [o exercise the above RMA
policy and procedures wifl void all warranty responsibilities on behalf ofLeotek
Electronics USA Corp.
~~'-~~chnology
Pale 1 of 1 I ~ 3-3611
65~Page Appendix
9-224
proposal for: ~"
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MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
Appendix 7
Adaptive Controls Technical Data for GE, Holophane and Leotek
General Electric
`~ : a -:,
d
t G w-~.,
1 ..~_... ~ ~~;_
nse
Mazch 2b, 2012
GE Adaptive Controls Proposal
City of Chula Vista Municipal Street Lighting Retrofit Project
Phase Il
To: Crty of Chula Vista LED Street Lighting:Procurement
Re: Adeptlve Controls Proposal
GELID Roadway Prodrets
7o whom it may con¢m:
GB has provided a quotationfor LID Lighting Factures to include an optiw for"Adaptive Controls
Read}~'producL With thcAdap[ivc Contrplsready olRion,[he lighting fahse itulfwill includes
dimming driver and twiA Iockphbtd electric tomrol socket so that future'Wireles control nodes" tan be
added to [he fixture by simply replacingthe standard photocell or shorting cap with awheless"Self
Commissioning Nodc' Thae will be no rtquirement for any additional components in the clecnical
tavily Of IIIC fumae.
As part of our proposal, GE will include up [0 8 whcless nodes for a Pilot tc5s program fa
Measurement end Verification Effort. ~ will work in rnnjunttion wiN the California Lighting
Technology Center @ U.C. Davisand Professor Michael Siminavitch assist in administrating, gaNering
and evaluating the test data
We appreciate the opportnnity W partidpate on this project. The finel key w a succestul slree[IigM
replacemrnt and wneless ada~ive control program is providing terhnology and applications expertise
and local support. GE offers every divas~edtedtnology and implications depar[mm[ia Nela Park
Ohio. GE Lighting Solutions loml represemation is Ikl Sot Resources in V sta CA andwitl provide a
convenient local avenue for local proarremmt; training and srpport as these fixtures and controls are
purchased, installed. and maintained.
We look forward to ywr review of our proposal and look forward to the opporwnity to meetwith your
agenry.
Best Regards,
Pere Porte
GELS We.nern RegionMmager
aP... w.N+
66~Page Appendix
9-225
~ttl~
proposal for: "~-
cru~tisui
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
EvolveTM Scalable Roadway
Applications and Attributes - ERS1 & ERS2
Applications
6
GE iRle a+job n~mb•.r
3/152012
• Repwces ^p to 400 Wa3 HPS fxiures
• Designed for 1-C lane widths
• Optimized to meet existing and uptoming Fecommended Practices
• Luminance and lliuminence phciometrics"
• fievesible tight engine forcustem house side phetomeMc
. _s.:r.: m_~
s+
~ ~ F
}1c sb fr ~+MY.'s
it } 3 xy ~.
k y -
~tifihi ~~ S tLL~ ~ M1 r.}i
F
~ - F ~z--_-~---,
~ }}Ej~ __ _ ~
a h'
s•r
_~+ v
67 ~ Page Appendix
9-226
\~/ ima9~nafinn at work
°~~ ~~
proposal for: ~~ ~ ~;
-<,
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
System Components
Four Basic Components in Most Systems
Inside Outside Up to Each System
• Dim Control Module Every .Every 1000 200,OOOa
Fixture Future Fixtures units
1 ~ _r ~ ~~~~,~~
Dim Control Y
~~; ~~~ ,
• Node ~ E7~
• Gateway/1000 Units 'ti,, ~
rte'
• Network Control/System.
~yjGj'Jlmc9inwen nrwrt
s
GE ConbWS 54viegy ~ iM
3/1512012
68iPage
Appendix
9-227
.~~~,
proposal for: i°`''
61U1446fA
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
System Components
Three Basic Components in GE Wireless Solution
Inside Dutside - Up to Each System
Every Every 1000 200,000+
Fixture Fixture Fixtures units
• Gateway/1000 Units
• Network Control/Software
imaginoGOn c[v~ork
tom(
r_r~•-.a. ~....__.. ~~
tG
GE GONFlDEN iiA:
69iPage
Appendix
9-228
`. \1~/~.
proposal for: ~~:
auuvsta
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
GE Solves The "Holy Grail" of Dimming with no
Additional Electronic Parts
RCA style pins pass the
dimming signal from
the controller to the
modified socket.
The socket has
RCA like female
connector.
Compatible
with traditional
P E.
From the socket,
gray and purple
wires can be
directly connected
to the 0-1QV signal
on a dimmable
power supply
19
GE Cono-als SVa[=gy ~ IM
3/S20li
701 Page
Appendix
9-229
~~'r{'}imcg~auon aiwon<
,~ar~ ~,
proposal for: ~` E
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
GE Outdoor Controls Design Parameters
Addressing Key Customer Needs
One control unit
• No additions! components in the electrical cavity
• Dimming socket solves complexities for any fixture manufacturer
• Fixture should be "upgradeable" with no additional field
wiring...Future proof
• Meet regulatory requirements
G title w job nwnber
~lLS/201
711 Page
Appendix
9-230
,tiEr~ ~`~
proposal for: "~~'-
QiJ1A.1SfA
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
GE Outdoor Controls Design Porameters
Addressing. Key CustomerNeeds
Metering Capability
• Offer+/- 2% accuracy to meet utility metering
requirements
• tED Run time
• Power fKw)
• Energy
• Current
• Power Factor
• Voltage
72iPage
Appendix
9-231
~~,~
proposal for. ~'~`
mwXmu
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
System Components °°'°°°ASaw„°"
A Comparison Assuming 20,000 units, l2 years
Others
Node ~~- First Year Cost=$3.1M
~~. _:,, Lifetime Cost = $3.7M
Gateway Network
oim control Dim Control Module
$150 x20,000 = $3.5M $.O10M $3 x 20,000 = $.050M/Year
GE ~ , __
^~~ ~ ~~
.",.._, .
$120 x 20,000 = $3.OM
Gateway
$.010M
Network
$.010M
first Year Cost= $2.4M
lifetime Cost = $2.4M
73~Page
Appendix
9-232
proposal for: '~"
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MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
Holophane
74~Page Appendix
9-233
proposal for: ~` ~ ,.
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
`~
~~ ~~
~~
Smart PhntoconGol
Embedded Dimming
wr:.wWd~dw!
,;~.i.srcm.n
a,weo...y~.+M
nwmewn.ymnx.
p..~ee,.mrw:~rn
p~,u..dmu.,~e~
-ro.m;N.A~.ti~euev
MwnmbTyMeR+
1MMertv+ewm'u X.e
meMdkie0.C'~inwgmd
tl~buaheedaa~m.e
Ntiddfm~~pbnuo
uwW epeNmgep~4Aw'
.LIiN~uFmbwdryeu
wMtrtl®fdMRiwe
.a.:.w~m.m.m:
NRNb(1Rm1.W k~q
~MUNmgePmuak
..abnu~
75~Page Appendix
9-234
J~~rr
~~'~~"
proposal for:
cr{uw~urA
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
OAM wireless controls
omplete your LED
vestment
;the LED lighting revolution begins to unfold,
Ihting managers and endusers are investing in
itdoor LED lighting with the promise of reduced
aerating costs.
ghting manufacturers and industry experts agree:
maximize the Return on Investment (R01), driven
r reduced maintenanceand energycosts, LED
Ihting must be properly controlled and managed.
SAM wireless controls complete your LED
vestment by providing the intelligent control and
ed back necessa ry to successfully manage your
~tdoor LED fixtures.
IRaximize energysavings
end reducesystem
operating costs.
761 Page Appendix
9-235
Sttf~
proposal for: =`~ ,~
au°°iLvsin
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
MIUCIM® VAYG1t• P
Maximize Your R01
ROAM'sstorte-of-the-artadaptive' <onvolsprovide the Flexibility
necessary to optimize energy useand extend fature I'rfe.
Customer Defined Continuous Dimming
Adjust gt/Off times and nigh[ [rimming schedules
Prevention of Day Burning LED F&Nres.
Validate Fixture Performance
ROAM provides dailyperformance feedbackon everytixture in the
network so you can easily compare field performance fromvarious
manufacturers.
Tads Bum Hours to verify LED fixture IRe
Monitor the Energy Canwrtptian
and Savings at each Future
(kWh Reporting)
Benchmark manufacturer
performance
ProtectYour LED investment
By remotely monitoring each LED fixture you ran protect your
lighting system fmm the issues that lead to prematurefailure.
Deter[ LED future malfunctions remotely
Avoid day burning futures and prevent prema[urefailure
Loateand repair volbge and over-mrtent Fludwdms
' Adaptlve mn[miscoMlnuously optimize (otureper(oimarce based
on changes In ervlronmental condklmsand/orcustomer-specified
2glAfemeMs
771 Page
Appendix
9-236
~q/ -
proposal for. "~'
cr~utXVSii
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT - PHASE TWO
78~Page Appendix
9-237
au~
proposal for: ~~'
CTNL4Y5L1
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
Leotek
DIYISIDN OF SOUTHCONN
Long-range,
Centralized,
Wireless Control, '
Monitoring,
and Metering
for Street and
Area Lighting
Up to 150,000. points of '~-.
programed lighting controC,'~`
per system
lvw installed cost per lamp
Monitors individual lamp ``
power consumption
Automatically reports ~~
Iamp:Pallures,on anti off ~~~
'times, rrialns supply and
Iamp,electrical,parameters ":
(including powee factor)
Uses standard wt9b browser _~`
' • user interface
increases efficiency and
savings over the operating-°.
life of street Ilght assets "
.Utilizes Ultra-Narrow Band !'
(UNB) wireless platform -'=`
Meetsar exceeds rigid
quality requirements of
,SOUthCgnn Technologies inc:
and applicable ANSI C136.10,
and. C136.24 Stantlards
waNwmy: ono yarir>m ua Am•~r•avw
Phone: 803-939-4700.
Fax: ~ SD3-939-4777
E-mail; Sales~RlpleyLC,mm --.
www.RipleyLC.com.:
Overview
Aladdin is an inrelggent wireless rystem
for contrOOirg and monitoring a wide range
of ztfsat and area Ilghtlnq Insreila[lOns.
Aladdin provides mptrol, monitoring,
and metering rdpabililfes for appricadons
mnglnq in s¢e from a Faw area lights, to
munidpal installations condsting of uD tD
150,000 points aP street light control} all
on one system.
The Aladdin system consisW of a network
OP UD [0 15 Hass Stations; each apabk N
wntrolling az many az 10,000 intlividual
lighting conttol modules (Telerells). Eadr
Telecelfls a stand-abne bitlirea5anaf
twist-leek rontrd module For controlling
IMlvidual sleet IlOhts or grouPa or lights
Nat have the same control antl mendonng
reguiraments.
IOA00 Telazik pw Bee Suaim
x IS Boa Smions px Syrtaa
ISIIAW t'daella pwgyarm
Each Tekcell communicates with itz Brae
Station using convandenal cellular redid
archltectuye,
The Aladdin rystam provides aaess to
detailed epercdng information, enabling
key functions and performanw to Da
measured, maintained and wntrolled. In
addition to controlling lamp epe2do0,
the system gathan power conzumpeion
ant other ekcMeal Information for each
Telecell. Thereferc, the system ran also be
utilized az the basis far metering and billing
for energy sUPPked to street 119hts.
The Aladdin system cart be combined wRh
BXisdng sVSek tight asseC management
Plalfarma P~'idlnp further funplanaliN In
key areas of monimRnq, performance and
contrd.
Technology
The untlenyinq radio technology utilized
by Aladdin Is Plextek's Uara-Narrow Band
(UNB) wireless plat[vrtn. UNB ts proven
technology that hasbeen implemented by
%extak for Over a decade In aDWimtlons
such as stolen veFiida racoveN and
eummadc matx reading; with several
mUlion unitsJn the field.
Telecetls
Is modest, but where range and reliabil@y
requirements are knportant, espedally in
high wlume appgmttons where low mrt is
paramount.
Primary System 8arrcrits
programmable Switching
. predse contrd of pMpff rimes
•'enerpY savings through the fine tuning
of bum hours [o cbsely mat Ifghbnp
wntrol standards/rcquiremerKs
Monitoring
• ttmdy awareness of lamp failures
. reduRion of nghc patrdginq
(ppsslbly suspend prtrol in dangerous
areas)
• allmination eF day burners
• extend cringe of InfpfmaClon avaliable
a.q. ro include primary Dower
peMormanm
Energy Consumption MetMing
• understand and manage.Pracise energy
consumption
• remove uncettaindas of un-metered or
partially metered wpplies
• accurate balandnq and settlement
Dimming
• combined wiN electronic ballasts,
tlims lamps to tlme of day and/or traffic
nows
Repairs
• shorter Gme to repair
• improves malmenance producClviry
Lamp Asset Management
• be[trr understanding of electrical
Aladdin s key s[Pln9NS are that l[ peforman<e ptMles far lamps
provides a }kfrlGe approach In hidirecdonai and wpply
wireless telemetry where data throughput • strengthens inventory
~~,
..°. 22
79iPage APPendix
9-238
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proposal for: '~'
ani~I~urn
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
f
Aladdin
,System Component:
.--~
~ ~ - ~~
Sonar ¢
antl TVO part Cell EQUIVdlents;, __
IIBm at pawn aPp puSK t119nc ~: I E
level readings:are OSed when,:, T ouoe
System Characteristics
Bidirectional
- allowing full funttlonailty for both
Contrpt and monitoring of street
lighttnq.
Low Lost
- using PleMek's Urve technology
means Ipw unit mst is possible wM1ile
retaining long-range Coverage. The
large quantity of Teiecells served by
each base station limits the number
at base stations required; simplifying
installations, antl reduring deployment
costs, especially in less denseN
populated areas.
Unlicensed Spectrum
-the ex[entled range and Ipw ratllp
transmitter ppwer reeuces the
Installed cost per unit and means Mat
standard unlicensed radio spectrum
can be used.
23
De attommotlated using different
programs (e.g. term and holiday time
programs for lights near schools) and
day of week variations for a given
group: Pro9rems and groups provide
complete nexlbilRy for operating lights
to meet precise requirements.
Monitoring
Lamp failures, on antl off times,
mains supply and lamp electrical
parameters {intlutling power factor)
can be repprted regularly by setting
monitgrfng schetlules. Information can
also be abtainedon demand by polling
units. If required, lamp failures can
be reported as soon az they ouarr by
setting up and using alarm profiles.
Ptgnet 803-939-4700
Fax: 803-939-4777
E-mall: Sales®RiDIeyLC.cpm
www.RipleyLC.cofn
80~Page
.,,mvi. .... mwro~.
ro nua.e
r~ .~
tiiknp '
--~_:-
~roe~
ru..an
m:onm
Range per Basa Station
- typically 1-2 miles urban and 3-6
miles rural (these are not `line of sigh'
ranges but realistic numbers, which
allow goodqualtty gove2ge).
System Sze
-allows up to 10;000 lamp units per
base station and 350,0001amp units
per system. This allows the lighting
In large titles or whole cpuntles to be
managed by one system.
Lamp Control
and Monitoring Control
lamps tan be grouped antl
prog2mmedto swftch dr tlim
aaording to mmbinanons pf time,
measured light levels (from base
staton light meter) ordaily solar
event rimes e.g. sunrise, sunset.
Clinnging bcal orcumstnntes can
Appendix
9-239
~.
proposal for: ~,,,,
6311L4S15IA
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
Appendix 8
Resumes of Key Personnel
~'.
Name: JOE TETI ,
Position: Project Manager w,~¢fi
Education and Training:
Journeyman Electrician: IBEW, San Diego; NECA Training Programs:
Basic Estimating, Project Management; Safety Training: OSHA
Confined Space Entry-Competent Person; OSHA Trench Excavation
and Shoring-Competent Person; OSHA CPR and First-Aid Certification
for Construction; OSHA 30 Hour Safety Training Certification.
Mr. Teti has over 40 years of project experience in the construction of solar photovoltaic, electrical power
distribution, data/communications, and lighting systems. He has direct experience with ARRA compliance
requirements, and warranty administration. Mr. Teti is directly responsible for the overall project items and
activities to include: Procure and management of related subcontracts and purchase orders; establish and
maintain cost resources for progress payments; develop She baseline resource loading for labor, equipment,
and materials related to the project construction schedule; determine the defined scope inclusions and
limitations; maintain open communications and relations with the Owner /Designer /Engineer /and Other
Contractors; coordinate related Electrical installations; maintain and manage the established contract budget;
Cost estimating; maintain overall company safety compliance; contract management; maintain quality control;
and overall project responsibility.
Project History (partial):
• Broad Spectrum Induction Street Light Replacement Project. City of San Diego. Specification
development, procurement and installation of more than 35,000 induction luminaires, replacing 70W, 100W,
150W and 250W HPS luminaires across the City of San Diego. $16.05 million. Projected completion: Fail,
2012.
• LED Street Light Replacement Project, Phase One. City of Chula Vista. Specification development and
installation of more than 4,200 t00W HPS luminaires with 55W GE LED luminaires across the City.
Financed with a low interest CEC loan, producing a payback of less than nine years. Project valued at
$2.05 million. Completed
Solar Photovoltaic Design-Build Project. City of Chula Vista. Design and install 470 kW of solar
photovoltaic modules across eleven city buildings, including recreations centers, parking and shade
structures, various city facilities. Partially financed with ARRA EECBG funds. $3.145 million. Currently
underway. Completed: November, 2011.
• San Diego Gas & Electric: Overhead to Underground Conversion --Prepare building services for the
acceptance of underground feeds, perform cut over's from new underground service. $12,000.000.
• Clark Builders Group, North Island, San Diego --Install new conduit & wire in duct bank to increase
service capability to existing buildings. $325.000.
Clark Builders Group: Point Loma Sub base, --San Diego, CA. Install new conduit & wire in duct bank
to increase service capability to existing buildings. $500,000.
• San Diego County Regional Airport Authority, Centennial Contractors, General Contractor -- Remodel
existing gates and install new cat 6 cabling for new computer system. $300,000.
811 Page
Appendix
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MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
~i~c~u~
Name: John Wheeler `°' °` `
Position: Superintendent `A~„~
Education & Training:
Journeyman Inside Wireman Certificate of Apprenticeship Training, San Diego Joint-
International Brotherhood of Electrical Workers/National Electrical Contractors
Association Apprenticeship Training Program
OSHA Confined Space Entry-Competent Person; OSHA Trench Excavation and Shoring-
Competent Person; OSHA CPR and First-Aid Certification for Construction; NFPA 70E
Training and Certification;
Mr. Wheeler has over 22 years of direct relevant project experience in the construction of electrical power distribution
systems, data/communication systems and process control and instrumentation monitoring systems.
As a Superintendent Mr. Wheeler's responsibilities include: overall project safety compliance; quality control
compliance; owner/designer/contractor relations; project coordination and progress meetings; labor and equipment
resource planning and allocation; subcontractor scheduling; equipment installation and maintenance; technical and
administrative oversight of manufactured equipment; technical and administrative oversight of subcontractors; and
Electrical Foreman duties.
Mr. Wheeler has substantial superintendent experience in the field of electrical construction. Typical projects that Mr.
Wheeler has supervised include: Micro-turbine projects; Substations, both private and utility owned; Water and
wastewater treatment plants and pumping station electrical power and process control and instrumentation
monitoring systems; College campus facilities electrical power distribution upgrade projects; Grade school campus
electrical power distribution and voiceldata/video modernization projects. Recent experience includes:
• Broad Spectrum Induction Street Light Replacement Project. City of San Diego. Specification
development, procurement and installation of more than 35,000 induction luminaires, replacing 70W,
100W, 150W and 250W HPS luminaires across the City of San Diego. $16.05 million. Projected
completion: Fall, 2012.
LED Street Light Replacement Design-Build Project. City of Chula Vista. $2.051 million. Project
completed on time in summer of 2011.
• SDGB:E Streetlight Maintenance and Replacement Project. San Diego Gas and Electric. Various
locations throughout San Diego County, including the City of San Diego.
• Solar PV Project, City of Chula Vista, Design-Build, Chula Vista, CA. $3.145 million. On-going.
Meter Panel Services, San Diego Gas 8 Electric, Design-Build, San Diego, CA
• 4S Ranch Wastewater Treatment Plant Upgrade and Neighborhood Pump Station, Design-Build,
County of San Diego, Rancho Bernardo, CA
Sorrento Valley Trunk Sewer and Pump Station 89. HPS Mechanical, Inc., City of San Diego
• Temecula Water Reclamation Facility Expansion. ARB, Inc., Eastern Municipal Water Dist., Temecula,
CA
Leucadia Pump Station, Western Summit, Leucadia County Water District, Encinitas, CA
• Encino Water Pollution Control Facility Phase V Expansion Project, Encino Wastewater Authority,
Carlsbad, CA. - $9.6 Million. 2009.
• North Twin Oaks Pump Station Upgrade, TC Construction, Inc., San Marcos, CA
• Upgrade Skv Electric System & Ballpark Lighting, Grossmont Union High School District, San Diego,
CA
82iPage
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MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
t 4Y&1Ni(g,
Name: JAMES FILANC, LEED AP ' ~:
Position: Executive Sponsor ^`?~J~`
Education & Training
BS, Finance, San Diego State University
Masters Studies, CSU, Long Beach
Technical Writing, University of California Los Angeles
Mr. Filanc has over 34 years of relevant in the energy, technology and healthcare industries. He
has managed budgets in excess of $400,000, and been responsible for the development of
complex, technical projects far Fluor Daniels, Brown & Root, and Jacobs Engineering. For
Southern Contracting, Mr. Filanc is responsible for the energy efficiency and renewable energy
market project opportunities. He has overseen the development of energy efficiency retrofit
projects, street lighting replacement projects, commercial solar photovoltaic projects and wind
farm control cabling projects.
Mr. Filanc currently holds the following positions:
State of California Workforce Education and Training Taskforce, Web portal Design,
Chaired by the CPUC;
• National Electrical Contractors Association Green Technology Task Force, national task
force to promote best energy efficiency contracting practices across the United States;
Lawrence Berkeley National Laboratories Automated Demand Response Technical
Advisory Group member. Assist LBNL implement demand response technology
underwritten by California Energy Commission and USDOE far Waste Water and Food
Processing industries;
• CALCTP Steering Committee -oversight of workforce development training program to
develop green collar jabs around lighting automation technology. Supported by UC
Davis, SCE, SDG&E, CPUC, CEC, and PG&E.;
San Diego State University, Construction Management Advisory Committee to the school
of JR Filanc School of Engineering and Construction Management. Providing green
practices advice and curriculum development.
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MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
Paul K. Ericson, PE, LC, IALD, LEED° AP ~~
ti~l~ l le~~issr
Principal-In-Charge ceo~.
Paul has 39 years of continuous involvement in the consulting engineering profession with design
experience in lighting, power and special systems design for both new and renovation projects, including:
healthcare, civic, institutional, and municipal projects. He is responsible for project management including
client contact, overall concept designs, specifications, project scheduling, estimating and supervision of
design personnel. He is actively involved with the Illuminating Engineering Society of North America
(IESNA) at the Society level and has received lighting design awards from the IESNA.
Project Experience
• County of San Diego, County Administration, Exterior lighting, San Diego, CA
• City of San Diego, CCDC Exterior Lighting Design Master Plan, San Diego, CA
• Centre City Development Corporation, Harbor Drive Pedestrian Bridge; San Diego, CA
City of San Diego, Lighting Designs for 12 Park Facilities ,San Diego, CA
• City of San Diego, First Avenue Bridge Lighting Design, San Diego, CA
• City of San Diego, Gas Lamp Quarter Lighting Study, San Diego, CA
City of San Diego, Scripps Ranch Boulevard Street Lighting, San Diego, CA
• City of San Diego, "C" Street Lighting Improvements, San Diego, CA
• City of Oceanside, Street Lighting 8 Utility Coordination for Various Projects,
Oceanside, CA
City of Temecula, Redhawk Street Luminaire 8 Illumination Design, Temecula, CA
City of Belmont, Belmont Bicycle I Pedestrian Bridge Power and Lighting Design, Belmont, CA
• UCSD, Geisel Library, Lighting Retrofit and Energy Savings Study, San Diego, CA
Education
Bachelor of Science, Electrical Engineering, Worcester Polytechnic Institute, Worcester, MA (1973)
Professional Licenses and Certifications
Professional Engineer: California #E11219, Arizona #E23792
LEED° Accredited Professional
Lighting Certified, National Council on Qualifications for the Lighting Profession
Professional Affiliations
Illuminating Engineering Society (IES}Computer Committee Chair
International Association of Lighting Designers (IALD)
International Association of Electrical Inspectors (IAEI)
International Dark-Sky Association (IDA)-Board Member
National Society of Professional Engineers (NSPE)
National Institute of Building Sciences(NIBS)
U.S. Green Building Council (USGBC)-San Diego Chapter
U.S. National CAD Standards Committee
San Diego Area Street Lighting Working Group -Technical Advisor
Construction Specifications Institute(CSI)
841 Page
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proposal for `~ ,„;.~.
mu~nsci
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
Robert Fagnant, LEED®AP L~!
Senior Lighting Designer S1'Slv1 [I['\\I tia5'
~.o~.
With over 30 years in the industry, Robert has become an award-winning designer recognized for his
energy-saving solutions and architectural lighting designs by SDG&E, the AIA and IESNA. He specializes
in the electrical and lighting design of facilities for science and technology, commercial, hospitality, higher
education, healthcare and the government. His project experience includes 10 years of work with The
Scripps Research Institute, and projects for Biogen IDEC, the Burnham Institute, Pfzer, UCSD, Sharp
Healthcare and the County of San Diego.
Project Experience
• Centre City Development Corporation (CCDC), India Street Improvements Phase II / 12th
Avenue Enhancement, San Diego, CA
Centre City Development Corporation (CCDC), Martin Luther King Jr. Promenade, San Diego,
CA
City of La Mesa, Downtown Streetscape Improvements, La Mesa, CA
City of Temecula, Main Street Bridge Replacement, Temecula, CA
South County Regional Center (SCRC), Administrative Office of the Courts (AOC) Remodel,
San Diego, CA
SANDAG Sabre Springs I-15 Transit Center, DesignlBuild RFO and RFP Preparation
Assistance, San Diego, CA
SANDAG, San Ysidro Intermodal Transportation Center, Surveillance System, Security
Camera, San Ysidro, CA
SANDAG, San Diego Transit Corporation, South Bay and East County Bus Maintenance
Facilities, San Diego, CA
SANDAG, Kearny Mesa Division (KMD), Paint Spraybooth and Underground Storage Tank
Repair, San Diego, CA
SANDAG, CNG Fuel Facility Expansion, San Diego, CA
Metropolitan Transit Development Board, San Diego State University 1 Mission Valley East
Station Light Rail Tunnel Advanced Utilities Relocation, San Diego, CA
Metropolitan Transit Development Board, San Diego State University Pedestrian Bridge, San
Diego, CA
Education
University of California, Irvine and San Diego
IESNA, Fundamentals, Roadway, and Advanced Lighting Design
PSMJ Resources, Project Management
Professional Licenses and Certifications
LEED® Accredited Professional
Professional Affiliations
U.S. Green Building Council (USGBC)
The American Institute of Architects (AIA)
Illuminating Engineering Society of North America (IESNA)
National Trust for Historic Preservation
851Page
Appendix
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proposal for: "~" r
cruiXi~sc~
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
Barth Ballard
s~sl:~ [lr,~i;ss~
Senior Lighting Designer ~.o~.
Barth has over 21 years of experience specializing in providing lighting designs for the built environment
and theatrical productions. He recently served as lighting director for 13 years with the renowned Old
Globe Theatre in Balboa Park, San Diego, California. During his tenure with the Old Globe Theatre, he
supervised all aspects of lighting and special effects for three theatres that produced twelve to fourteen
productions each year. Barth is responsible for project management including the development of lighting
designs, lighting control systems, specifications, schedules, photometric calculations, Title-24 compliance,
estimates, and construction documents.
Project Experience
CCDC City of San Diego Lighting Design Master Plan, San Diego, CA
Port of San Diego, San Diego Airport Terminal 2 West Expansion, San Diego, CA
County of Maricopa, Maricopa County Downtown Court Tower -Lighting Control,
Phoenix, AZ
Bank of America Trading Floor Renovation, Charlotte NC
• University of California, Los Angeles, Life Sciences Building, Los Angeles, CA
San Dieguito River Park Lake Hodges PedestrianlBicycle Bridge, Escondido, CA
City of Belmont, Belmont Bicycle /Pedestrian Bridge Power and Lighting Design, Belmont, CA
Wildcat Canyon Tunnel, Lakeside, CA
• City of San Diego, Rose Creek Bikeway Bridge Architectural Lighting Design, San Diego, CA
• City of San Diego, First Avenue Bridge Lighting Design, San Diego, CA
• City of San Diego Naval Training Center Promenade Architectural Lighting Design, San Diego,
CA
County of San Diego, Encinitas Library Architectural Lighting Design, Encinitas, CA
County of San Diego, Campo-Morena Village Library Architectural Lighting Design, Campo, CA
Port of San Diego, Banner Art Public Art Lighting Design, Imperial Beach, CA
Natural History Museum, Addition and Expansion at Balboa Park, San Diego, CA
City of San Bernardino Santa Fe Depot Architectural Lighting Design, San Bernardino, CA
City of Carlsbad, Georgina Cole Library Architectural Lighting Design, Carlsbad, CA
City of EI Cajon, Fletcher Hills Library Architectural Lighting Design, EI Cajon, CA
Judicial Drive Undercrossing at La Jolla Village, Bridge Lighting Design, San Diego, CA
Balboa Park Ornamentation, Architectural Lighting Design, San Diego, CA
University of California, San Diego, Lighting Retrofit and Energy Savings Study, San Diego, CA
University of California, San Diego, La Jolla Playhouse Blackbox Theatre, San Diego, CA
University of California, San Diego, Structures and Materials Engineering Building, San Diego,
CA
University of San Diego, Sacred Heart Theatre Lighting Upgrade, San Diego, CA
Education
Masters Fine Arts, Lighting Design 8 Technology, Ohio University, Athens, OH, 1983
Bachelor Fine Arts, Drama & Speech, Marietta College, Marietta, OH, 1980
IESNA, Fundamentals and Advanced Lighting Design
Professional Affiliations
Illuminating Engineering Society of North America (IESNA)
861Page
Appendix
9-245
~w,y
proposal for: '~' ~~~~,
a1uL~rn~a
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
Appendix 10
Insurance Certificate and Bid Bond
A~ ~® CERTIFICATE OF LIABILITY INSURANCE °"'°'"~°°"Y"'
913 O1
PRDDUCER SullivanCurtisMOnroe Insurance Services TNIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
980 MDntacit0 DTive, Suite 105 ONLV ANO CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOEB NOT AMEND, EXTEND OR
COSDDa , CA 92879 ALTER THE COVERAGE AFFORDED BV THE POLICIES BELOW.
Lixnu # OE836]D B51 093.3300
Www.SDllivalSC°NSMOmoe mm 951493.3399
INSURERS AFFORDING COVERAGE NAIC#
WsuaeD SOUthBnl COOIfaGtIDJ COR1pa0y ~ MSURERA el F I e Insurenm m I
P.O. BGX M1M1S ~:INSVPFA B'. ~LIjj~L_AjL91 D9£(1119V(]11Q~CLOmp§BY---_~
San Marcos CA 92079 ' WsunEAC ana~~ cuerantx s uabiley_~Os c° ___ ___ __ __
'INSUReRU nGC6 Medne lnauranLe CO~any______, __
SVRERE
COVERAGES
THE POLICIE50F INSURANCE LISTED OELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWRHSTANDING
TERM OR CONDITION OF ANY CONTRACT OR OTH
ANY REQUIREMENT ER DOCUMENT WRH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
,
MAY PERTAM, THE INSURANCE AFFORDED BY THE POLICIES OE6CRI9ED HEREIN IS SVBJECT TO ALL THE TERMS, E%CLU610NS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIp CLAIMS ____
10Uti PMILY EFFECTVE i. PONY EA'FIRATION~
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P°t1eY MUMeER LIYI55
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88~Page
Appendix
9-246
~m~ /-'
proposal for: ~' ' ~~
muuvsra
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
IMPORTANT
If the eenAicate heltler is an ADDITIONAL INSURED, the poli~yQes) must be endorsed. A statement
m this cedttcate does not wnfer dghtr to the certiFrate holder in lieu of such endorsement(s).
tt SUBROGATION IS WAIVED, subject to the terms and conditions of Ue policy, certain polkies may
require en endorsement A statement w this certifcafe does not confer rights b the certificate
holder in lieu oS such entlorsement(s).
DISCLAIMER
This Certificate of Insurance does not wnstitute a wrrtract between the issuing Insurer(s), authorized
representative or producer, and the certificate holtler, nor does d affirmatively or negativety amend,
extend or alter the coverage afforded by the pofiaes listed thereon.
cvxa w anssa: ccxaxr <o-cv: avrxccros o<.en+ <.+:mo wuu_m> ¢a. oa_n .r w,a v o. v
89~Page
Appendix
9-247
,U/~
proposal for: ~"~, -,„y;<+
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
Bid Bond
RID RDND
Conforms wiU The American Institute of
Architects, A.LA.OOevment Ne. A-]ID
KNOW ALL RY THESE PRESENTS, That we, SOUTHERN CONTRACTING COMPANY
as Principal hereinafter called the Principal.
and the TRAVELERS CASUALTY AND SVRETY COMPANY OF AMERICA ,
of 9325 SKV PARK COURT, SUITE 220. SAN DIEGO, CA 92123 . a corpomtian duly organized under
the laws of she Stain of CONNECTICUT ,as Surety, heeinaRer called he Surety, are held and fmnly bound unto
GITY OP CHULA VISTA as Obligee, hereinafter called the Obligtt.
in the sum of TEN PERCENT OF GREATER AMOUNT BID---------------------------------
Dollars (b 10% of Bid Amount I ,for the paymem of which sum well and truly to be made, he wid Principal and the said
Surety, bind mvselves, our heirs, executors, administtmors, sbccosars and assigns, jointly and severally, firmly by hose presents.
lb'FIEREAS, she Principal has submitted a bid for THE MUNICIPAL RTREET LIGHTING RETROFIT PROJECT PHASE II
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and he Principal shall enter into a Con[raa with the Obligee
in accordnnce with the [eons of inch bid, and give such bond or bonds as maybe specifietl in the bidding or Contma Docmnenss with
yaed and su[!¢ien[ surcN for the Faithful pErformnncn of such Con[twt end. fw the prompt pa}snent of labor and material famished in
the prosecution thereof, ar in the event of the (allure of the Principal to inter such Cantmd and give such bond ar bonds, if the
Principal shall pay to the Obligee the di Rercnce not to exceed the penalty hereof between the amount specified in said bid and such
larger amoum focwhich the Obligee may in eaod high mmmct with another parry to perform the Work covered by said bid, Wm this
obligmion shall be null and void, otherwise m remain m full force and effect.
Signed and sealed this 28TH day of March P~'I2
SOUTHERN CONTRACTING COMPANY
(Seal)
{( /~ Principal
Witness ` '~~~ /S ~ _
IMOTHY . MeeRIOE, PRES»~NT 'title
TRAVELERS CASUALTY AND SURF_TY
{( COMPA,NyfY OF /AMMERICA
Witness (Ry /-f~/
MARK D. IATAROLA. Mmmey-in-Fact
6Ca9alGEEF 1La0
FRP
90~Page
Appendix
9-248
proposal for:
MUNICIPAL
,~(/,
as
STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
State of California ) ~OPiIONAL SECNON~
CAPACITY CLAIMED BY SIGNEfl
County of sAN DTaco ) Tiaupl, au1Ne Oos ml rnpY,e Ne Nmvy b
® n tlb tl2ra ptlvx. tlo'mq m meY Wows
YrvehanYb pe~sWV reyNq m Ve 0owment
On 3/28/l2 Oefdre me, DEBORAH D. DAMS, NOTARY PUBLIC ~ ^INDMDUAL
^ COFPORATE OFFICER(S)
personally appeared MARK D. IATAROLA
who proved to me an me basis. gf satlsfactory evidence m 6e me person{s) whose name(s) is/are m~slsl
^ PARTNER(S) ^ LIMITED
suhscnLed 1o the wimin instrument antl acknowledged ^ GENERAL
to me that hel~etthey ezecuted the same in hLSrher! ~ ATTORNEY-IN-FACT
their auNorhed ppacily(ies), and that by hisPoerRheir
signaNre(s) on the instrument dle person(s), or the entity ^ TRUSTEE(S)
upon behalf of which me Derson(s) acted, executed me ^ GUARDIAN/CONSERVATOR
DEBOPo4H D. DAMS insWmeM
-~ •~~ ^OTHER:
~
COMM. Y19299J9 I cera
,~ ~- noTaPV rue~x:.GUFOanu ~ fy under PENALTY OF PERJURY under Ne laws of
'
SAx O~EGOCWMV the State of Cal
rfomia that the foregoing paragraph is
Xtr Gmm. Exp. APFIL 21. t0I5 Uue anO Cdrtect.
SIGNER IS NEPP.ESENTING:
WfnRJESS my hand and officcial seal wwaor rvaanxsloa amnvpasl
-
! "'i~ // ~
Sigriatureof Notary
OPTIONAL SELRION
THIS CERDFICATE MUST BE ATTPLHEO TO TITLE OR TYPE Of DOCUMEM
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES DATE Of DOCUMENT
ThougM1 ba tlau nquezleE Mb b ,M ~m M hw.
xaouw pmml eaudWeia mntadimenlMN's b,m. SIGNER(S)OTHEfl THAN NAMED ABOVE
91~Page
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,~\((~
proposal for. "-'~ '
cI1Sl'~~`arA
MUNICIPAL STREET
LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
.aa+`ti .
,w roneHOr.~TTOa~cc•
TRAVELERS J Fanninl;r:m Gaanain onnyan.'
Fidelity' anA Gmrunt. InsuraP¢ Cnmpam
Fidelip'vnd Guamnq Insurance. L'ndenvrircrs, Inc.
SLPUYI Fire anJ \Ivrine Rssurunae (b,npmn
St Pvnl Guardian Insurance Cnmpnn.
Aunrney-In Parr vn. 2'_3 Nti
sl. Paw atrnlr,~ Idarvnee cmrlPllne
ira.Aers Connally vnd A,reiy Cumpana
'Cravelen fasnxlry' and Surely Gon,P+n\' nr \merica
Hnilarl Slvlen. F'idelily vnJ Gmrumr Company
Cerrifaale Sn. U `J 4 4 ~J l) J ~~
F]O\t' ALI. 31E6 RPTIIF_tiF, PREtiEVTS: Tba k. (hnl Firr enJ \Lrine Inwmncc Cnmpam. SI. Paul Gumdinn Insmm~a Cmnp'vny and Sr. Pod ?lacuq Inalmncc
(ampam me ro:F:nmiuns Jule nrganinJ undenhe Ivws of the Scat of \limwema, Drat F:Ir ,ingam Cavalry Rvnpum: Tm.eiers Guuuhp vlrJ Surnr Con,puny. nnJ
Tmbclecr' Cm:mhr and Surmp Cnmpuny of America orc cn:y+emlion Julr organist under,hr Imrwf Ne Svrc of Cunmesirur.:hal OnimJ Starer FiJdhc ant G::munc
Company is a eorlnnralinn Julc organize) unAer dw Iau's of me Sum n(>IurylanJ, rhm Fidelity nnJ Gmranry h,sunnce Cnmpwv is a rorpomuon Juh orearucJ u:W.a
the Wins of Nr Smm of Iona. ant char F1Jcliq ant Guaomc Ineunnor Cndem'rilas. Iuc.. ie a eorpnradon Julp orguniuJ unJenhe lax.x of the Seer of «ixennxin
,herein wllectixch axllrJ the'Congmnies'i. ad maz the Crnnpanies Jn herehy nmkr. conui:me :mA appoint
John G. Maloney. Mark D. lalarola, and Helen Maloney
or the CIn' of ~S'oadld0 . Sralr of_ Califofrlia , Ihri: Iruc vW Iawrul .4uomcpxltin-F:nt
ruck in 0cir m'pvram capnrity it Inor< Ihm, one L. mm~cJ vhmc. a• zirmm. can-um. seal oW arlmoas ledgt auc mW all hood.. arvgnir races, mnditinnal n:Wenakines:mrl
mher svritinaz nbliean~n in :M1e nntum memof nn behalf of Ihz Cunpani.•. in Ihcir Mrsims~ ni g:JmnmrOC Ihr tldrlip" of Pecom. gnalmccinp rhr Pcrfinma:u'c u1
u.ntranu and exuv:ing w vuarm:eciny brnWz unJ wulen::kiics re4uirN nr penoinrJ in one anions or PmcerJings alloa'eJ b. luu'.
FIh
1.\' i\'ITAF.SS 1CRF,REOF, tlrc G+nq+anir. ha.e rmdeJ rhiz im:mmen, m by ni.nid:md iheinolpmur. xnln w M hcrao ufiixed- Ihia
dar of Augilsr 2011
Fvnninplnn CmuAty Cmnpvm' Sr. 1'avl \lennn Insumnre G'mpurm
Fidelity mW Guaranty In unnce Cnmp~an 'Ira.eicrs Casually ant Sung Cun,pam-
t'iJelio' and Cmramv Inzurvnce C'nden, rircrs.lna. irm'elea C:~ ulp~ and Surey' C'mnpan}' oL\mericu
Sr. Paul Fire and \Ivrine lusmm~ce G+mPvm lluited Scores Fidelih' and l;unranry' Comp nr
SL Paul Guardian Ir:sumnn• Comp m
I w>w, au~
6 n 9~ 3 xse:m¢ 5 `Zy
s+a ~ ~~ raaw rzo ~a ~I ,r rL~r sa,f' 'Ot°~ ~.0.+~ an ~
•f x
6m¢uf Conneninn R>'~
Ci6 of Ha(Ilort sn. Gemg Ilrompnu:. tt PrniJCnl
0n this ,hc 241h Jny nr August 2017 .before me peramahy apVaurJ Grove W.'Il:mupwn. olm ack:wsrleJUed
hinn+ell to h the Seuinr Vivt Presidnn of Fwnmmmn Cnzualq Qnnpw,p. FiJdin mW Guarwm' Wumnve Cun:pany. FiJrliry' ant Guarenrc Insumnrt Undem'Amrc.
Inc.. Sr. Pmll Fir. aM Jlarinr Insurnire Colnpany. S,. Paul Guardian Insurance Company'. Sr, Paul ilercu0• Insmm~cr Cnmp:,~y. Tr;n'eler.• Casvalg and 6nray
Comp:::n. Tmmle:s Cmuahr and Surax' Cennpanv of ;tomtit. vnJ Unilyd Slmas Fidelity :mJ Gmranrr Cnmpnn , ant Iha hr, us nlrh. baing anlhnrix<J so m dn.
cxecmrd the for~ePim inzerumem 4,nhc PurPuxrs Mervin amuincJ by signing on hhulf of nc~ orrpnmli~ns by h~i am..(¢I~f as ad~le:nnhmize<I nffev~//~ 1ryr -1}'
In6'ilness Khennf.I hercamo=cl np~hnd and nffcial scat. ~C.T*AR~ \1 \0.~f4~ C' ~•"r"""~'^'~
\Ip Commission esphes lhr 7Urh Jay of lPrn.'dIG. is'°IIpp4 aF sal:. N'wa:y lmblic
~~s
58440-6-11 Prinletl in U.S.A.
INVALID
92~Page
9-250
Appendix
~U/~:, '`
proposal for.
rnuA+arA
MUNICIPAL STREET LIGHT LIGHTING RETROFIT PROJECT -PHASE TWO
WARNING: THIS PINIER OF ATTORNEY IS iNVALIp NlITHGUT THE REp BORpER
This Prover of Anomzp is gmmztl undzr oral by the amhorin'vi Nz follavin¢ resolutions minptetl hr the 6nmds of Dirn'wrs of Pumrinmun Casmlty Compunp~. FidcGty
and Gumamy lnsvmnm Company. Fldelip~ and Gumanry Inmancc Vvdznvrima. lne_ St Pmsl Firc and hlarinz Insurance Company. Sr. Paul Guardian Imumnce
Compwty. Si. Paul blemvry Inzumnm Company. Tnvzlers Caxudry and Smeq' Contpunp. Travders Casualp' and Surep' Company of Amzrica, and Cnimd Suds
Flddity and Guuanrv Campam, which resalmiom me nmv in full fume and cRcm, rcadin~ m follo•cs:
RESOLVED. Nat the Cha'vman. the Presideat any Vice Chairman, any Exmmive Vice P widen[. any Srnior Via Prcsid.•nt anq Via Preidrnt any Second Vice
President the Trnsuren anY.VSismnt Tremurcr. Ne Casporne Stt'rcurc or rare Assistant Sttrcury may appoim Anume•a~in-Fan anJ Agenu m as for and un behalf
v[ Ne Companr anJ may give such appoinme such anrhority as his or her emiGcnm of amhnritr may prescribe m sign with Ne Company s name and sent with Nc
Company's ud bnnJS, rcrognivnces, rnnrncu of ivdemmry. and amer writings obligmury m Ne mwrc o(a bond. mcognixmce, or mndiriotrJ unJCnakivg. anJ any
of said officers or Nc BaurU of Dbccmrs m any dmz may removz any such appoimec and avakz the power ~ rcn him nr Mr. aced it i.
FLRTHER RESOLVED. Nm [he Chuimun, drc President any Yce CRtirm n. any E.xecmice Vi:e Pesidznt any Senior Bice Presidem or any 4ice Pmsidenr may
delz;7mm dI ar any pan a( Nz furcgoing mrhoriry m one ur more offccre m employees of Nis Company. provided Nut each such delcgatimt is in writing and a copy
Nemof is Flied in the office of Ne Seercmry; and it is
p'LRTFTER RESOLVED, rho any bond, recnndnna. zovtnm of indemtdty. oc wming obligmnrv in Ne nature of v bonJ, recoenizarcc. or emdidand uMumling
shalt be valid and binding upon Ne Company when ta) xieneJ by Nz PresiJenr, any Vice Cha'vman, cent E ecudrz Vice President, any Senior Vice Pr61J2nt ar any Viw
President. any Seoond Yce President Ne T¢vsumt cent Asiuum Treasurer. Ne Cmpnnne Secremry or any Assistant Secrcmry end duly aaea<d and sled wiN Ne
Company's seal by a Secrcmrv or Assismnr Sareury: or Ib) duly execumJ (under seah if required) by one ar more Auomeya-imPom anJ Agents pursuant m Nz poazr
prewribed m his or her eeni(cme or their cenifinms of aWmrity of by o L or mom Company oficcrs pursoanr m v wtiuen tlefegadnn of auNOrigt end is is
Fti%THER RESOLVED. Nor Ne sigmmrc o(cvch of Nz folWwing officers: Ikzsidenr, env Eaervdve Vitt President any Senior Vitt President any bite President
any .ASSimam Ym PrcsiJem, any Secnraryy any Assismm Szcmury, and the std of the Company may be affvad by ixsimile m any Prover of .Anomey m m any
certificate relating Nersm appoiming As'ukm Vice PrcsiJenu. Rcaidenr Asistant Secrevuics or dnnmeys-imFan for puRPszs only of exttming and anzsdng boW s
antl undertakings anJ uNm writings obligaory in tl1e vamre NeieoL anJ any such Power of Anomry nr ceniricate boring such (animik signamrc or (acsimile ual
shall be valid and binding upon Ne Cumpanr anJ any such puw<r w zxeaud arW artirizJ by such facsimile si;mmmum and (cziMlex:J shall be vdid and binding an
Ne Company in Nz furore w'iN aspect ro mry bovd m unJemunding m which it is mmchW.
L Kevin E. Hugbzs. Nz unJeuignzd Assistant Szeremry. of Earmingmn Cuudry Company. FJeliry avd Guaranty Insmm~ee Compwc. FJe!ity vW Guaranty insunnm
Undenvriun, Inc. St Paul Firc and hl:vine Insurance Company, St Paul Guardian Insurance Compnny. St Paul hiemury Insurance Company. Travelers Cuaahy and
Surey Cumpany,Tmvelcrs Caavdty anJ Smcrv Company of.:vmrica. anJ L'vimJ Slums Fitlzliry and Guxmtry Company do hzrcb. certify Uat Nz abm-e and htrcgoimg
h a wz anJ cvmen copy of Nc Power of Mamzr exwuud by said Compavics, which is s full fomc. and effcrr and has nor bean revoked.
Lv TESTL\fOVY\V'NEREOEfhaez harzunm set my hanJ and aifixrl the ~cafs oFsvJ Companies Nis 28TH day of MARCH ,+p 12.
14vinr Hugh<~uran
=zt°p`s v g pp ^mramm ~~ db t,:w~,.:r,^ wmcio. ~ +vw i :v'm,wm
k ev ~ ~ ~"sn ~~~
:~`4:•zw1 ~ yi 1951 .a~f, ~-JSE ~a~l ~._sExr.^€ rrw. e `49~~ ~"In aorta
To verify Ne aathcoticiry of Nis Power of Arzomey, edl 1-B00.i243880 or contxr us a www.vavdersbond.com. Pfease refer m Ne A¢omey-ImFaa numbze Ne
aMavo-namW inJieidudz and Ne derails of Ne bond m which tbz power is mmcbed.
93~Page
Appendix
9-251
RESOLUTION NO.2012-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA (1) AMENDING THE FY 2011-12 CAPITAL
IMPROVEMENT PROGRAM BUDGET BY TRANSFERRING
$20,000 FROM THE "SUPPLIES & SERVICES" TO THE "CIP
PROJECT EXPENDITURES" BUDGET CATEGORY WITHIN
THE ENERGY CONSERVATION FUND AND (2)
APPROVING A DESIGN BUILD AGREEMENT WITH
SOUTHERN CONTRACTING INC FOR THE MUNICIPAL
STREET LIGHT RETROFIT PROJECT PHASE II (GG214)
WHEREAS, Chula Vista has been implementing a variety of municipal energy
upgrade projects at over 52 sites to lower energy use and associated costs; and
WHEREAS, the Public Works Department successfully converted over 4,300
streetlights to new energy-saving LED fixtures throughout residential neighborhoods
(Phase I); and
WHEREAS, streetlights represent approximately 38% of municipal electricity use
costing over $800,000 annually and are responsible for about 15% of municipal greenhouse
gas emissions; and
WHEREAS, City staff is now proposing to retrofit the remaining streetlights along
arterial and connector type roadways -approximately 2,500 fixtures - to more energy
efficient LED technologies, known as the "Streetlight Retrofit-Phase II Project;" and
WHEREAS, the City released a Request for Proposals (RFP) to qualified companies
on March 9, 2012 for design-build services to upgrade these streetlights, subsequently
received two contractor bids for the project, and selected Southem Contracting Inc. as the
candidate that best met all the qualifications outlined in the RFP after interviewing both
contractors; and
WHEREAS, specifically, Southern Contracting Inc. was the most qualified for
creating specifications, traffic control during the project, proposed Schedule of Values as
noted in the RFP, safety procedures, "Local Purchasing & Hiring" requirements, equipment
warranties, completion schedule, and past experience; and
WHEREAS, staff is recommending entering into an agreement with Southem
Contracting, Inc to implement the proposed "Streetlight Retrofit -Phase II" project
(GG214); and
WHEREAS, the $1,263,932.10 Design-Build Agreement will utilize up to $20,000
of existing San Diego Gas & Electric Local Government Partnership funds for the project's
initial design costs; and
WHEREAS, to access these funds, staff is requesting to transfer $20,000 from the
"Supplies & Services" budget category to the "CIP Project Expenditures" budget category
9-252
within the Energy Conservation Fund, thus amending the FY2011-12 Capital Improvement
Program Budget.
WHEREAS, once the project's design is finalized, the proposed Streetlight
Retrofit-Phase II Project will be presented to City Council again -including the contract's
"Guaranteed Maximum Price'' (GMAX); and
WHEREAS, the Streetlight Retrofit-Phase II Project is estimated to generate over 1
million kWh savings annually (equivalent to $200,000 in annual energy cost savings) and
will leverage approximately $300,000 in additional utility incentives.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby
resolve that it:
1. Amends the Fiscal Year 2011-12 Capital Improvement Program Budget by
transferring $20,000 from the "Supplies & Services" budget category to the
"CIP Project Expenditures" category within the Energy Conservation Fund
for the Streetlight Retrofit-Phase II Project (GG214), and
2. Approves aDesign-Build Agreement with Southern Contracting Inc. for the
Streetlight Retrofit-Phase II Project (GG214).
Presented by
Richard A. Hopkins
Director of Public Works
9-253