HomeMy WebLinkAbout2007/05/15 Item 13
CITY COUNCIL
AGENDA STATEMENT
.:~Y!f:. CITY OF
"""~ CHULA VISTA
5/15/07, Item~
ITEM TITLE:
RESOLUTION ESTABLISHING A NEW CAPITAL
IMPROVEMENT PROJECT (CIP) ENTITLED "ALL SEASONS PARK
(PR279)" AND AMENDING THE FY07 CAPITAL IMPROVEMENT
PROGRAM
RESOLUTION APPROVING A DESIGN BUILD AGREEMENT WITH
ERICKSON-HALL CONSTRUCTION CO, FOR THE DESIGN AND
CONSTRUCTION OF ALL SEASONS PARK, LOCATED IN OTAY
RANCH VILLAGE 7 NEIGHBORHOOD OF THE CITY OF CHULA
VISTA, APPROPRIATING FUNDS THEREFOR AND AUTHORIZING
MAYOR TO EXECUTE SAID AGREEMENT
SUBMITTED BY:
REVIEWED BY:
DIRECTOR OF GENERAL S~VICES ~&-'
INTERIM CITY MANAGER j1
4/5THS VOTE: YES [gJ NO D
BACKGROUND
The City Council previously approved by Resolution No. 2006-294 the Master Plan for All Seasons
Park, which conceptually designed and provided for the construction of a completed and fully
functional 7,6-acre park. On June 17, 2003 the Council approved a resolution establishing a
Design-Build Priority List excluding fire facilities to be used in awarding Design-Build contracts for
future City projects, On February 28, 2007 an RFP (Request for Proposal) was issued to all of the
Design-Build firms on the Priority List to prepare proposals for the design and construction of a
completed and fully functional 7.6-acre park, All Seasons Park. The resolution before council this
evening will establish the project and award Erickson-Hall Construction Co. a Design Build
Agreement for the provision of services required to design and construct All Seasons Park and
appropriate funds to a capital improvement project (PR 279) that will enable the design phase of the
proj ect to commence and authorizing Mayor to execute said agreement.
RECOMMENDATION
1. Council adopt resolution establishing a new Capital Improvement Project (CIP) entitled
"All Seasons Park (PR279)" and amending the FY07 Capital Improvement Program.
2. Council adopt resolution approving a Design Build Agreement with Erickson-Hall
Construction Co. for the design and construction of All Seasons Park, located in Otay
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Ranch Village 7 Neighborhood of the City of Chu1a Vista, appropriating funds therefor
and authorizing Mayor to execute said agreement.
BOARDS/COMMISSION RECOMMENDATION
The Parks & Recreation Commission approved the Master Plan for the Village 7 Neighborhood
Park at their meeting of July 20, 2006 and also made the recommendation to Council that the
name ofthe park be "All Seasons Park."
DISCUSSION
On February 28,2007, in accordance with Section 2.57 of the Chula Vista Municipal Code, the
City requested proposals from all the Design Build firms on the priority list for services to design
and construct a fully functional 7.6-acre park, All Seasons Park. Two of the firms submitted
proposals, They were PCL Construction Services, Inc. and Erickson-Hall Construction Co.
Based on the proposals, Erickson-Hall Construction Co. was selected as the Design Builder with
extensive construction experience for this type of project and who could best meet the City's
development schedule, monetary and time criteria of the project
The D/B Team of Erickson-Hall Construction Co. and Deneen Powell Atalier, Inc. (DPA, Inc.)
offers an excellent combination of design and construction expertise for this type of project The
City has been pleased with the work of Erickson-Hall Construction Co, and their ability to
complete projects on time and on budget as demonstrated with the City's following capital
improvement projects: Fire Station No. 4 addition, Fire Station No. 2 storage facility, Fire
Station No.6 and most recently the completion of Harborside Park and Mountain Hawk Park.
DP A, Inc. has previously completed landscape design of both Harborside Park and Otay Park for
the City of Chula Vista, Other team members are Davy Architecture and Cherry Engineering,
Both firms are very familiar with current City of Chula Vista park design requirements as well.
DESIGN/BUILD
Staff is recommending the City enter into an agreement with Erickson-Hall Construction Co. for
the provision of services required to design and construct All Seasons Park. The designlbuild
process includes functions that are quite different from the designlbid/build process typically
used for City construction projects,
The designlbuild process employs a single entity, either a general contractor or an architect,
which provides both design and construction services. In the typical scenario, a designlbuild
oriented general contractor provides the design and construction services. Alternatively, an
architectural firm may provide the design services and hire the general contractor on a consulting
basis for the construction phase. In this later scenario, the architectural firm will be held
responsible for all aspects of the project In the case of All Seasons Park, the designlbuild
process will place sole responsibility for delivery of the project upon Erickson-Hall Construction
Co., a general contractor. Erickson-Hall Construction Co, will subcontract for the design and
consulting services, and trade contracts during the construction phase. Generally utilization of a
designlbuild process will provide savings in cost and time because the entire project is managed
and constructed by a single entity, thereby eliminating the difficulties of dealing with multiple
entities and overhead on one project
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The designlbui1d process provides the City the flexibility to work with the best contractors in the
County, as it does not necessarily require award to the lowest responsible bidder.
PROJECT SCOPE AND CONTRACTUAL REOUIREMENTS
As proposed, the DesignlBuild Agreement with Erickson-Hall Construction Co. will provide the
City with a fully functional 7.6-acre park that will be located in the Otay Ranch Village 7
neighborhood and will provide service to residents of that community as well as other residents
ofthe City, The scope of work includes but is not limited to the following:
Design and construct for the City a fully functional 7,6-acre park as outlined in the "All
Seasons Park, Approved Master Plan", dated February 10, 2004 (Master Plan). The park
shall include, but not be limited to all components described in the Master Plan. The
Project is located in the Otay Ranch Village 7 neighborhood, located on Magdalena
Avenue in the City ofChula Vista.
Erickson-Hall Construction Co. shall perform all services, work, and obligations as described
necessary to provide a fully completed and functional Project, which shall include design
services, general conditions and construction management for the not to exceed amount of
$2,015,343. At 90% construction documents a Guaranteed Maximum Price (GMP) will be
established as part of the agreement, which will include, but not be limited to, the cost for all
labor, equipment, and material to design and build a fully functional 7.6-acre park in accordance
with all applicable building codes, Staff will return to Council for approval of the GMP, At that
same time, staff will also request that Council appropriate the necessary funds from the Park
Acquisition and Land Development Fund,
CHANGE ORDERS
Under the designlbuild process, change orders are handled differently than under the
designlbidlbuild process. Change orders are only returned for Council approval if they exceed
the approved GMP, or are for additional work requested by the City, which results in a
significant change to the original scope. Otherwise, change orders are reviewed/approved by
staff and the design builder. This practice is commonplace when using the designlbuild
construction technique.
PROJECT COMPLETION DATES
Erickson-Hall Construction Co. has agreed and the contract reflects the following completion
dates:
. Substantial Completion: No later than June 27, 2008.
Substantial Completion shall be 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 and have been initially tested, and
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are operationally functional, subject only to final testing, balancing and adjustments and
normal Final Completion punch list Work.
. Final Completion shall occur at the conclusion of construction when all work on the
Project is sufficiently complete in accordance with the Construction Documents so that
City can fully occupy and utilize entire project; Final Completion shall further mean that
all goods, services and systems be provided under the terms and conditions of the
Construction Documents are in place and have been tested, and are operationally
functional.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the proposed project
was adequately covered in the previously adopted Village Seven Sectional Planning Area Plan
and Tentative Maps Final Environmental Impact Report (EIR #04-06). Thus, no further
environmental review or documentation is necessary.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no such holdings
within 500 feet of the property which is the subject of this action.
FISCAL IMPACT
Approval of the first resolution will establish a new capital improvement project (CIP) entitled
"All Seasons Park (PR279)" amending the FY07 Capital Improvement Program.
The second resolution will award a Design Build agreement to Erickson-Hall Construction Co,
and appropriate $449,459 from the available balance of the Park Acquisition and Land
Development fund to the new CIP, PR279 for expenditure. Erickson-Hall Construction Co. shall
perform design services, general conditions, and construction management for the not to exceed
amount of $349,459. This appropriation will provide the necessary funds to complete the design
phase for the new All Seasons Park capital improvement project including the cost of
preliminary geotechnical testing and City staff costs.
The design phase costs are broken down as follows:
Description Amount
Design Builder design services, general conditions & construction management $349,459
City Oversight:
Design Phase Staff Costs $75,000
Geotech/special inspection services $25,000
Total Design Phase Project Costs $449,459
At 90% complete construction documents a Guaranteed Maximum Price (GMP) will be
established as part of the agreement, which will include, but not be limited to, the cost for all
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labor, equipment, and material to design and build a fully functional 7.6-acre park in accordance
with all applicable building codes. The total estimated Project costs are $2,450,000 and are
broken down as follows: Master Plan; $50,000 (completed), Design and Construction;
$2,015,343 and specialty consultants, utilities, fumitures fixtures and equipment, contingencies
and staff time; $384,657. It should be noted that all PAD funds have been collected and are
sufficient to cover the cost of the project Staff will return to Council for approval of the GMP,
which shall not exceed $2,015,343, once the construction documents reach 90% completion. At
the same time, staff will request that Council appropriate additional funds from the Park
Acquisition and Land Development Fund to construct the project.
After the park is accepted for use by the City, future park maintenance costs for the public park
will be paid through the City's General Fund and is estimated at $81,320 per year.
ATTACHMENTS
Design/Build Agreement
Prepared by: Gordon Day, Sr, Building Project Supervisor and Merce LeClair, Sr. Administrative Analyst, General
Services Dept
M:\General Services\GS Administration\Council Agenda\All Seasons Park\All Season Park DB Agrmt Award,doc
13-5
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~ CfPOIlvto ~
Ann Moore
City Attorney
Dated:
01 q /0;;"-
Design Build Agreement with
Erickson-Hall Construction Co. for the
Design and construction of
All Seasons Park
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DESIGN/BUilD AGREEMENT
This Agreement is made and entered into this 15h day of May, 2007, by and
between THE CITY OF CHULA VISTA (herein "City"), a municipal corporation, and
Erickson-Hall Construction Co. ("Design Builder or D/B"). City and DIB are sometimes
hereinafter referred to as Parties ("Parties"),
RECITALS
WHEREAS, the project, All Seasons Park, is a new facility to the City, and
WHEREAS, the City of Chula Vista, in an on-going effort to expand the services to
the community, has planned for All Seasons Park located in the Otay Ranch Village 7
community of the City of Chula Vista; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act (CEQA) and has
determined that the proposed project was adequately covered in previously adopted Village
Seven Sectional Planning Area Plan and Tentative Maps Final Environmental Report (EIR
#04-06), Thus, no further environmental review or documentation is necessary; and
WHEREAS, on April 17, 2003 Building and Park Construction issued a Request for
Qualifications (RFQ), Pursuant to 9 2,57 of the City's Municipal Code, Design Build
services to design and construct needed City facilities, excluding fire facilities, and
WHEREAS, on June 17, 2003 the Council approved a resolution establishing a
Design-Build Priority List to be used in awarding Design-Build contracts for future City
projects, excluding fire facilities, and
WHEREAS, on February 28,2007, Pursuant to 9 2,57 of the City's Municipal Code,
an RFP (Request for Proposal) was issued to seven Design-Build firms off the Priority List
to present proposals, and
WHEREAS, two respondents submitted proposals and based upon the review of
each proposal, Design Builder was selected as the respondent who best met the design,
monetary and time criteria of the project with whom City could negotiate an agreement; and
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein:
THE PARTIES AGREE:
Section 1:
General Scooe of Work to Be Performed bv DIB
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1,1 In accordance with the terms set forth in this Agreement and the RFQ for
Design Build Services excluding Fire Stations and RFP for All Seasons Park (Exhibit
1), D/B shall design and construct for the City: a completed and fully functional
neighborhood park, The park shall include, but not be limited to all components
outlined and described in the attached document entitled All Seasons Park Master
Plan (Exhibit 1) (referred to hereafter as "Projecf) The Project is located in the Otay
Ranch Village 7 community of the City of Chula Vista,
1.2 The services to be provided by D/B are generally to be performed in four
"Phases"; the services to be provided in each Phase are specified elsewhere in this
Agreement The services provided by the D/B shall include, but not be limited to, all
services outlined and described in this agreement and those within Exhibit 1.
1,3 The D/B shall:
1,3,1 Perform all services, work and obligations as described herein for
the Guaranteed Maximum Price (GMP), which shall include Design
Services and General Conditions necessary to provide a fully
completed and functional Project D/B shall perform all Design
Services and General Conditions for the not to exceed amount of
$349,459, At 100% complete construction documents a GMP will
be established pursuant to Section 13 of this Agreement, which will
include, but not limited to, the cost for all labor, equipment, and
material to design and build a fully functional community park in
accordance with all applicable rules, regulations, and laws, The D/B
fee, bond and insurance costs are based on hard construction costs
as outlined in the Design Build Fee Structure (Exhibit 2), 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 Sections 9 and 14 of this agreement All funds
remaining in the GMP at the completion of the project shall belong to
the City,
1,3.2 Substantial Completion:
Achieve "Substantial Completion" (as defined in 916,1) no later than
June 27, 2008.
1,3,3 Achieve "Final Completion" (as defined in 916,2) no later than July
31, 2008,
Section 2: General Obliqations of City
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2.1 City shall be obligated as follows:
2,1,1 Designate a representative (or representatives) who is authorized to
act on behalf of City with respect to the Project, except as to those
decisions specified herein or by law that require authorization by the
Chula Vista City Council;
2.1.2 Make decisions with reasonable promptness to avoid delay in the
orderly progress of D/B's services per the Detailed Construction
Schedule (DCS);
2.1,3 Pay for and cause to be completed all necessary environmental
studies and obtain environmental approvals andlor permits with
reasonable promptness to avoid delay to the orderly progress of
D/B's performance per the DCS;
2.1 A At the request of D/B, City will use its best efforts to provide D/B with
any available information about the Project Site geotechnical soil
conditions; it will, however, be the responsibility of D/B to take all
reasonable steps to verify all such information as it deems necessary
to perform its services under this Agreement City does not warranty
to D/B the accuracy or completeness of any such information,
2.1.5 Cooperate with D/B in identifying, processing and securing required
permits, licenses and inspections in a timely fashion; however, this
duty to cooperate does not relieve D/B of its primary obligations to
identify, apply for and secure all necessary permits (except as
provided in 2,1,3), licenses and inspections in a timely manner.
2,1,6 Make payments to D/B in the amounts and in accordance with the
terms set forth below,
2,1,7 Issue Certificate of Substantial Completion when City reasonably
determines the Project has achieved Substantial Completion as
defined below in Section 16,1,
2.1,8 Issue a Notice of Acceptance when City reasonably determines the
Project has achieved Final Completion as defined in Section 16,2,
2.2 City Review Process, City shall review Design Development Drawings
(ODD's), 50% Construction Drawings (CD's), 75% CD's ,90% CD's and
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100% CD's which shall allow construction of Project in conformity with the
Approved Master Plan for the Project
2,2,1 For each D/B submission, City shall have fifteen (15) working days
to review, approve, conditionally approve or deny,
Section 3: General Oblioations of D/B
3.1 D/B shall be obligated as follows:
3,1,1 At all times in performing its services under this Agreement to design
and deliver the best possible Project consistent with standard of care
in Section 3,3 that satisfies the time, monetary, quality and design
parameters set forth in this Agreement;
3.12 Design and construct the Project on time, consistent with time
frames set forth in the DCS, and in such a manner that the GMP or
Contract Time of the Project shall not be exceeded, but 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 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 (10)
calendar days of said discovery.
3,1,3 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 identified in
Exhibit 3. D/B shall not be permitted to substitute any Design
Consultant unless authorized by City, The fact that the City approves
the subcontracting of any such services will in no way relieve the D/B
of any of its obligations or responsibilities under this Agreement;
3,1.4 Perform all construction on the Project utilizing subcontractors
appropriately licensed by the California Contractors State License
Board or other required agency;
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3,1,5 Perform all services as expeditiously as is consistent with
reasonable skill and care and shall complete the services within
each and all of the time periods set forth in this Agreement;
3,1,6 Comply with 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, national origin,
religion, age, sex or handicap;
3.1.7 Study all applicable laws, codes, ordinances, rules, orders,
regulations, and statutes affecting the Project, including but not
limited to, zoning, environmental, building, fire and safety codes and
coverage, density and density ratios and lien laws, and comply with
them in performance of its services. D/B shall ensure that within the
established GMP that the Project conforms to all applicable federal,
state and local laws, statutes, ordinances, rules, regulations, orders
or other legal requirements, (collectively "Governmental
Requirements") existing as of the date ofthis Agreement However,
the City recognizes that Governmental Requirements and their
interpretations by governmental officials ("Code Authority") are often
subject to change at any time, even after issuance of a building
permit If, after the date of this Agreement, modifications to the
Project are required because of a change in Governmental
Requirements or their interpretation by a Code Authority which had
not previously been given, or which if given, was different than a
prior interpretation of a Code Authority, D/B shall make the required
modifications to comply with the same, However, in the event of
such an occurrence, the GMP and Contract Time may be subject to
an adjustment in accordance with Section 14. Nothing contained in
this paragraph shall relieve D/B of its obligations to modify the
Project at its own expense where D/B has failed to construct the
Project in compliance with Governmental Requirements applicable
as of the date of this Agreement
3,1,8 Take all reasonable steps during the course of the Project so as not
to interfere with the ongoing operation of the adjacent residences,
businesses and facilities, including but not limited to the following:
3,1.8,1 Not interfere with pedestrian and vehicular access;
3.1.8.2 Control dust and noise in accordance with the provisions in
Section 7-8.1 of the 2000 Edition of the Standard
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Specifications for Public Works Construction, City
Ordinances and this Agreement
3.1,9 Use reasonable care to avoid damaging existing buildings,
equipment and vegetation adjacent to the Project Site, If D/B
causes damage to any of this property, D/B shall replace or repair
said property at no expense to City and shall not be a basis for
seeking an adjustment to the GMP or Contract Time. D/B agrees
to indemnify City for any and all fines, penalties, liabilities, cost
imposed upon City, its officers, employees and agents as a result of
this Project.
3,1,10 To obtain all permits necessary to complete the Project. City shall
pay cost of permits. D/B shall be responsible for obtaining and
paying for all permits normally obtained by the trades or
subcontractors,
3,1,11 Conform its design to the requirements of the Americans With
Disabilities Act Accessibility Guidelines ("ADAAG") and the
Americans With Disabilities Act ("ADA')
3.1,12 Seek and obtain written approval from the City of the drawings for
each of the following phases: (1) ODD (2) 50% CD's (3) 75%
CD's (4) 90% CD's and (5) 100% CD's. Said approval shall be
evidenced by written notice to proceed with the subsequent phase,
3.1.13 Provide cost estimating and value engineering services, which take
into consideration long-range maintenance costs, energy efficiency,
and impact operation of the Project. Provide cost estimates to the
City at ODD's, 50% CD's, 75% CD's, 90% CD's and 100% CD's.
Provide final cost estimate, in four copies, to the City with Final
Construction Documents.
3.1,14 Review soils and geotechnical reports relating to the Project Site;
and determine and advise City if any further subsurface
investigations are warranted, If such further investigations are
authorized by City, D/B shall perform said investigations, The costs
of said investigations are Reimbursable Costs to be paid by the City
without markup, pursuant to Section 13,
3.1.15 Be fully responsible for all additive costs, damages, and liabilities
resulting from errors or omissions beyond the standard of care
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defined in Section 3.3 by D/B or D/B's agents. employees, design
consultants and contractors; such costs. damages and liabilities
shall not be chargeable to the City nor shall they be a basis for
seeking an adjustment in the GMP or Contract Time.
32 D/B agrees to fully assume all risks. and costs associated with such risks. in
performing the services and meeting the obligations under this Agreement
3,2,1 Unanticipated subsurface site conditions
32,1,1 City assumes risks for unanticipated subsurface site
conditions provided D/B notifies City in writing within five (5)
calendar days of discovery if D/B believes it has uncovered
or revealed a condition which:
3,2,1,1,1 differs materially from that indicated in the soils
and geotechnical reports furnished by City. or
3.2.1.1,2 is of an unusual nature and differs materially
from conditions ordinarily encountered and
generally recognized as inherent in the work
required by Agreement
3.2.1.2 Upon receipt of written notice. City shall promptly
investigate and if it determines the conditions do materially
differ. requiring a change in the Work, City shall comm'ence
the processing of a change order pursuant to Section 14, If
City determines there is no bona fide Work scope change
or is a minor change. which does not impact GMP or
Contract Time, City shall notify D/B within ten (10) calendar
days,
3,2.1,3 D/B shall not be entitled to an adjustment in the GMP or
Contract Time if D/B knew or should have known of the
existence of such conditions at the time D/B submitted and
agreed to GMP or Contract Time; or the existence of such
condition could reasonably have been discovered as a
result of D/B's obligations pursuant to Section 3,1,14,
3,3 D/B shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing under similar
conditions and in similar locations, Compliance with this section by D/B shall not in
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any way excuse or limit D/B's obligations to fully comply with all other terms in this
Agreement.
3,3,1 D/B warrants that at least one member of the D/B team shall be
licensed by the California Contractor's State License Board as a
General Building Contractor. D/B is to provide a list of the responsible
people within their organizations performing services, which shall
include their qualifications and their function, for approval by the City
prior to start of construction, City and D/B shall establish "key
personnel" who shall remain on the Project until Final Completion, If
any such "key personnel" leave the employment of DIB, City shall
have the right to approve the replacement personnel assigned to this
Project. DIB shall comply with all licensing requirements of the State
of California, County of San Diego, and City of Chula Vista,
3,3,2 Project Manager, Landscape Architect, and Project Architect
throughout all phases of the Project hereunder, the individual project
manager, landscape architect and project architect shall be as
reflected in Exhibit 3. So long as the Individual Project Manager and
Project Architect remain in the employ of the General Contractor and
Architect, such persons shall not be changed or substituted from the
Project, or cease to be fully committed to the Project as deemed
necessary by the City in its reasonable discretion, without the prior
written consent or instruction of the City, Any violation of the terms
and provisions of this Section shall constitute a Material Default.
3,3,3 City Right to Remove Project Manager, Landscape Architect and
Project Architect. Notwithstanding the foregoing provisions of Section
3,3, if the Individual Project Manager, Landscape Architect or Project
Architect, proves not to be satisfactory to the City, upon written notice
from the City to the General Contractor, such person or person shall
be promptly replaced by a person who is acceptable to the City in
accordance with the procedures set forth below.
3.3.4 Replacement Selection of Project Manager, Landscape Architect,
and/or Project Architect. Within five (5) working days after receipt of a
notice from the City requesting the replacement of any Individual
Project Manager or Project Architect, or promptly following the
discovery by the Design Build Team that any Individual Project
Manager, Landscape Architect or Project Architect is leaving the
employ of the General Contractor or Architect, as the case may be,
the replacement/substitution (together with such person's resume and
other information regarding such person's experience and
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qualifications) for approval by City. The replacement/substitution shall
commence work on the Project no later than five (5) calendar days
following the City's approval of such replacement, which approval
shall not be unreasonably withheld. In the event that the City and
Design Build Team cannot agree as to the substitution of replacement
of the Individual, the City shall be entitled to terminate this Agreement
for cause,
3.4 D/B shall cooperate with City in obtaining Environmental approvals and/or
permits.
3,5 D/B agrees and acknowledges that the City Representative is the only person
with authority to approve additions or modifications to Project Any costs or delays
resulting from or associated with additions or modifications implemented without the
written authorization of City Representative shall be borne exclusively by D/B and
not be grounds for an increase in GMP or Contract Time unless necessary to protect
public health, safety or property,
3.6 D/B team is to provide progress photographs taken at regular intervals
throughout the Project Photographic documentation shall depict an overview of
Project site showing work in progress, Dates and times to be documented, Copies of
documentation shall be transmitted to the City monthly, The costs are
Reimbursable Costs to be paid by the City without markup, pursuant to Section
13.3.
3,7 D/B shall fully cooperate with City Representative and any of its agents
assigned to this project
Section 4:
Work Restriction and Biddinq Requirement
4.1 D/B shall determine how best to package portions of the work for purposes of
bidding, D/B shall be responsible for selectively bidding all construction work to
others and for entering into subcontracts, in D/B's own name, with the bidder who in
D/B's discretion best meets the monetary, time, and performance requirement of the
Project D/B is required to submit a summary of bid results for each bid package.
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.
4.2 D/B 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
Section 5:
D/B's Phase I Services and Obliqations - Desiqn Development
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5,1 D/B's services in Phase I shall include, but are not limited to the following:
5,1,1 Utilizing the approved Master Plan continue to refine project
requirements and review such requirements with the City,
5,12 Prepare complete ODD's such that the ODD include, without
limitation, the following:
5.1.2.1 Site plan with pertinent notes and dimensions indicating
property line; existing public streets, sidewalks, curb cuts,
other public improvements; required setbacks; service,
trash, fire lane and truck access, adjacent buildings,
building outline; basketball courts, multi-use sports field,
softball field, informal skate area, play areas, shelters,
landscape and site elements,
5,1,2.2 Floor plans including graphically demonstrating interior and
exterior walls and fenestration with notes, dimensions and
gridlines; room names, structural bay spacing with grids,
critical dimensions and area calculations;
5.1.2.3 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;
5.1.2.4 Building sections including vertical dimensions, floor
assembly thickness showing known structural elements,
notes and dimensions.
5,1,2.5 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,
5.1,2,6 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 elements and
assemblies; interior and exterior wall finishes; and wall and
roof assembly;
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5.1.2.7 Outline specifications, written description of building
systems, community park elements and components
including site work, room finishes, product cut sheets and
special equipment
5,12,8 Verify all code compliance including building construction
type, occupancy sprinkler requirements, existing, zoning
and other agency conformance and ADA.
5,1.2.9 Delivery of 3D rendered images, color and material boards,
special system or equipment plans.
5,12,10 Intentionally Left Blank
5,2 Prepare and submit to City detailed cost estimates with ODD,
5,3 Submit completed DDD to City. Obtain comments from City and make
revisions to DDD as required, Obtain written approval or conditional approval from
City to proceed to Phase II Services, If conditional approval granted, D/B shall
address all City comments or issues in the next set of drawings developed, City
retains the right to withhold approval and require resubmittal of the DDD, Any delay
or additional costs resulting from the re-submittalshall be borne exclusively by D/B
and not be grounds for an increase in the GMP or Contract Time.
Section 6: D/B's Phase II Services and Obliqations - Construction Documents
6.1 D/B's services in Phase II shall include but are not limited to the following:
6,1,1 D/B shall continue to develop and refine project requirements and
review such requirements with City;
6,12 D/B shall prepare CD's which shall include, without limitation, the
following:
6,1,2.1 Architectural plans and details, including:
6,1,2,1.1 Site plan indicating general location and nature
of on-site and the necessary off-site
improvements,
6.1.2.1.2 Floor plans, including roof, showing space
assignments, sizes, and location of installed or
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fixed and movable equipment which affects the
design of the spaces,
6,1,2,1,3 Building elevations indicating exterior design
elements and features, including fenestration
arrangements, materials, mechanical and
electrical features appearing on the walls, roofs,
and adjacent areas,
6,12,1 A Interior elevations to establish functional
requirements, equipment, and all systems
locations.
6,12,1,5 Typical building sections showing primary
structural members, dimensions, and
accommodation of functional systems,
6,12,1,6 Typical wall sections sufficient to indicate
materials, openings, and major features,
6,1,22 Structural drawings including plans and sections of
sufficient clarity and detail to show the extent and type of
structural system and dimensions, final structural design
criteria, foundation design criteria, preliminary sizing of
major structural components, critical coordination
clearances and applicable material lists,
6,1.2.3 Mechanical plans and details;
6,12A Landscape and Irrigation plan and details;
6,1,2,5 Electrical plans and details;
6,12,6 Plumbing plans and details;
6.1,2,7 Plans showing installation of major systems, equipment,
fixed furnishings and graphics;
6.1.2.8 Technical specifications;
6,12,9 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:
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6.1,2.9,1 Provide information customarily necessary for the
use of those in the building trades;
6.1.2.9,2 Include documents customarily required to obtain
regulatory agency approvals;
6,1,2,9,3 Provide color board and architectural rendering for
required presentations.
6.12.10 Mechanical design documentation consisting of continued
development and expansion of schematic mechanical
design consisting of:
6.1.2,10.1 Single line layouts and the approximate sizing of all
equipment and capacities, preliminary equipment
layouts.
6,12,102 Required space requirements for the equipment,
required chases and clearances, acoustical and
vibrations control, visual impacts and energy
conservation measures.
6,12,11 Electrical design documentation consisting of continued
expansion of the schematic electrical design consisting of:
6.1,2.11.1 Criteria for lighting, electrical, communications
audio visual, close circuit T,V" lighting controls and
other electrical systems typical to civic facilities, the
approximate sizes and capacities of major
components transformers-pane Is-switch gears;
6,12,112 Preliminary equipment layouts, required space for
equipment, required chases and clearances,
6.1.2,12 Sections through critical areas showing coordination of
architectural, structural, mechanical and electrical
elements.
6,1,2,13 Final specifications, including but not limited to the
following:
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6,1,2,13,1 Architectural: general description of the
construction, including interior finishes, types and
locations of acoustical treatment, typical and
special floor coverings and final exterior and interior
material selection;
6.1,2.13,2 Mechanical: description of air conditioning, heating
and ventilation systems and controls, ducts, and
piping system;
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;
6,1,2,13-4 Landscape: General description of the construction,
including plan materials, plant locations,
maintenance period and irrigation systems,
6.1.2,13,5 Play Areas: Description of play equipment including
installation procedures, type, color, finishes and
locations,
6,12,13,6 Site Work: General description of the construction,
including finishes, types of materials and locations.
6,1,2,13,7 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,
6.1.2.14 Plumbing drawings including location and quantity of
fixtures, equipment sizes, room sizes for plumbing
equipment, and final specifications as appropriate,
6,1,3, Utilizing the 2000 Edition of the Standard Specifications for Public
Works Construction, 2000 Edition of the Chula Vista Standard
Special Provisions, 2000 Edition of the Regional Standards, 2002
Edition ofthe Chula Vista Construction Standards, the City's facility
program, performance and design criteria, concept drawings, and
reports incorporated herein by reference, DB shall:
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6,1,3,1 Prepare CD's and specifications suitable for obtaining City-
approved permits and to allow construction, Preparation
of technical materials and equipment specifications for pre-
purchase will be the responsibility of the DB.
6,1.3.2 Submit Construction Documents to the City for plan check,
and make any changes therein as may be lawfully
required, Obtain general building permit and all ancillary
permits and licenses, including but not limited to,
demolition permits, improvement permits and grading
permits.
6.1,3,3 Complete the design for all elements of the Project,
including, but not limited to: civil, structural, architectural,
mechanical, electrical, landscape, and specialty consulting
areas.
6.1,3.4 Evaluate alternative structural and construction
approaches to ensure economical designs, which optimize
constructability yet meet all codes, architectural concepts,
schematic designs, and standard specifications of the
Project. Design and construction shall also meet all ADA
requirements,
6.1,3,5 Provide additional site surveys and geotechnical
investigations to the extent the DB determines they are
necessary for final design, The survey information
provided by the City is preliminary in nature and may not
have sufficient accuracy or scope to support final design,
6,1,3,6 Furnish support to a City constructability review team at
the 50%, 75%, 90% and 100% percent design completion
stage, Incorporate the results of this review into the
design,
6,1,3,7 Provide updated construction cost estimates at durations
specified in this agreement to support Value Engineering
(VE) and constructability reviews,
6,2 D/B shall determine and establish the sequence of construction, and if
appropriate, identify separate bid packages to accomplish phased construction of
the Project.
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6,3 D/B shall prepare a detailed Critical Path Method schedule for all construction
components of the Project (" Detailed Construction Schedule" or "DCS") utilizing
Microsoft Project software, showing all major milestones, bid dates for the major bid
packages, commencement of construction, sequence of construction, completion of
structural elements, completion of the community park, all of which shall conform
with the dates of Substantial Completion and Final Completion of Project
6.4 Review as needed the CD's with the govemmental authorities having
jurisdiction over the Project
6,5 Notify City within seven (7) days in writing whenever D/B reasonably believes
that the cost of the Project is likely to exceed the GMP or Contract Time and include
in said notice:
6.5.1 An itemized cost breakdown estimate;
6,5.2 A list of recommended revisions which D/B believes will bring Project
within the GMP;
6,5,3 Assist City in reviewing the itemized cost breakdown and
recommend revisions so that City can revise the scope of the
Project so that the GMP is not exceeded.
6,5.4 Provide a master accounting system and matrix on Microsoft Excel
that will be updated, expanded and provided to the City monthly as
the Project develops.
6,6 D/B shall develop and implement Project Management Plan and Procedures
including:
6,6,1 Project status reports
6,6,2 Coordinationlinterface with the City and its other
co n su Itants/contractors
6,6,3 Intentionally Left Blank
6.6.4 Biweekly Design and Construction meetings
6,6,5 Interface and communications with other agencies
6,6.6 Vendors and subcontractors management
6,6,7 Document control
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6,6,8 Schedule and budget control
6,6,9 Quality assurance and quality control
6,6,10 Throughout the design phase, the D/B shall provide scheduling and
cost control reports monthly.
6.7 Submit and obtain approval from City of Phase II items, Provide written
confirmation that the project is still within the GMP and can be built in accordance
with the DCS. Said written confirmation shall include an accounting of all costs and
expenses incurred to date against the GMP. Obtain written approval from City to
proceed to Phase IV.
6,8 City and D/B may mutually agree in writing that D/B may contract for or
perform certain limited Phase III services during earlier phases to expedite
completion of the Project, for such tasks as, for example, demolition of the buildings
and relocation of utilities, and other critical path activities to meet the Project
Construction Schedule. However, absent such written agreement, D/B shall not
proceed with any Phase III services until the City issues a written Notice to Proceed
with Phase III.
6,9 Present to the City for approval the following: 100% CD's, Management and
Implementation Plan, DCS.
6,9,1 Upon presentation by D/B to the City of the items specified in
Section 6,9, the City may:
6,9,1,1 Approve the 100% Construction Documents, and
Management and Implementation Plan and DCS, and
authorize D/B to proceed with Phase III services; or
6,9.1,2 Determine not to proceed with the Project and terminate
this Agreement in accordance with Section 26,3 of this
Agreement; or
6.9,1,3 Direct D/B to revise and resubmit documentation submitted
to City pursuant to this Section which does not conform to
previously approved direction of City any delay or additional
costs resulting from the resubmittal shall be borne
exclusively by D/B and not to be grounds for an increase in
the GMP or Contract Time.
Section 7: D/B'S Phase III: Construction Administration
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7.1 After City formally approves any required cost estimates, 100% CD's and
Construction Schedule, City shall issue to DIB a written Notice to Proceed with
Phase III Services. The DIB shall construct the Project in accordance with City-
approved plans and specifications prepared by the DB to meet or exceed all
requirements of the City provided program, schematic design and the performance
criteria, The OIB's Phase III Services shall include but are not limited to:
7,1,1 Prepare and submit to City for review separate bid packages as DIB
determines appropriate to enable the construction of the Project to
proceed in an efficient and cost effective manner;
7.1.2 Conduct competitive bidding for the respective bid packages,
7,1,3 DIB shall require additive alternates for extended warranties in bid
packages for roofing and HVAC systems.
7.1 A Schedule and conduct pre-bid conferences to 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
all prospective bidders;
7,1,5 Execute subcontracts, in DIB's own name, with the bidder best
meeting the monetary, time, and performance requirements of the
Project in the professional opinion of the O/B.
7.1,6 Perform construction management and administration services
during the construction of the Project;
7,1,7 Be responsible for and coordinate all construction means, methods,
techniques, sequences and procedures;
7,1.8 Coordinate scheduling of bid packages, submittals, and all design
and construction of the Project to ensure the efficient and orderly
sequence of the construction of the Project. Monitor and report to
the City on actual performance compared to schedule;
7,1,9 Give all notices and comply with laws, ordinances, rules, regulations,
and lawful orders of public authorities relating to the Project;
7,1.10 Provide timely review and approval of shop drawings, samples of
construction materials, product data, schedule submittals, and other
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submittal for compliance with the Construction Documents; keep City
advised of all such matters being reviewed and approved by D/B;
7,1.11 Issue responses to Requests for Information, substitution requests,
and Change Order requests. Provide City with copy of all
correspondence within twenty-four (24) hours of receipt. Conduct
weekly review meetings with City to discuss these items, All change
orders, including zero dollar change orders which require the use of
D/B Contingency Fund, irrespective of impact on GMP and Contract
Time shall require City approval;
7.1.12 Establish and maintain a quality control program with appropriate
reviews and independent testing procedures to ensure compliance
with the Construction Documents;
7,1.13 Coordinate all required inspections in such a manner that the
progress of construction is not affected or impacted;
7.1,14 Correct any work which does not conform to the Construction
Documents;
7.1.15 Keep City informed of the progress and quality of the design and
construction of the Project;
7,1.16 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 account thereof; except
that City shall be responsible for such loss when a particular design,
process or product of a particular manufacturer is required by City,
However, if D/B has reason to believe the use of a required design,
process or product is an infringement of a patent, D/B shall be
responsible for such loss unless such information is promptly given
to the City in writing,
7.1.17 Ensure Project is maintained in a clean, neat, sanitary and safe
condition free from accumulation of waste materials or rubbish, 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;
7.1.17.1 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
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(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,
7.1.18 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;
7.1.19 Provide City with a DCS on an approved software within fourteen
(14) working days after receiving Notice to Proceed with Phase III,
provide updated versions of DCS on a monthly basis, and provide
immediate notice of any impact on critical path items;
7,1.20 Conduct and prepare minutes for weekly Project team meetings with
City and appropriate design and construction members;
7.1.21 Maintain a complete and up-to-date set of Construction Documents
in the Projects field office at all times during construction which
reflect all changes and modifications, and at the end of construction
prepare for City a complete set of Project documents, along with four
reproducible, and one electronic set of drawings depicting As-Built
conditions for Project;
7,1,22 Notify City in writing when D/B believes that the Project has
achieved Substantial Completion, participate with City in inspecting
the completed construction, prepare punch lists, and cause the
punchlist items to be performed and/or corrected in accordance with
the Construction Documents;
7.1.23 Notify City in writing when D/B believes that the Project has achieved
Final Completion, Assemble and deliver to City upon Final
Completion all records, documents, warranties, bonds, guarantees,
maintenance/ service contracts, and maintenance and operating
manuals;
7,1,24 Inspect the Project during the one-year general building warranty
period, identify items requiring repair, and oversee those repairs,
Inspect the each component at 180 and 360 days after Final
Completion of Project and prepare reports to City, develop budgets
and direct all repairs,
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7,1.25 Conduct contractor meetings, as necessary, to provide technical
input
7.1.26 Provide interpretation of technical specifications and drawings,
7,127 When appropriate, witness testing and review materials and
equipment testing results and provide comments regarding
conformance with specification requirements,
7,1,28 Provide list of required shop drawing submittals. Review shop-
drawing submittals for technical compliance and forward copy to City
for review.
7,1,29 Assist during final acceptance process by furnishing final walk-
through(s) and comments,
7,1,30 The DB shall be responsible for complete management, supervision,
and reporting of all aspects of the construction of this Project
7,1,31 The DB 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 CD's,
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.
7.1.32 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,
7,1,33 The DB is responsible for the design, construction and all contract
administration services during the construction of the Project in
accordance with all applicable laws, regulations, and codes,
including, but not limited to, the 1990 Americans with Disabilities Act
[ADA] and Title 24 California Code of Regulations [Building Code] as
defined in Section 18910 of California Health and Safety Code [Title
24], The DB is responsible as a designer, employer, and City
representative to comply with all portions of Title 24 and the ADA.
7.1,34 The DB shall provide surveying, and other contracted services as
required to complete project construction inspection and testing
tasks. The City will provide special inspection services and periodic
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building inspections, DB is responsible for scheduling and
coordinating all inspections and paying for all re-inspections,
7,1,35 The DB shall develop a project-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,
7,1,36 The DB 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 consistent with the City's
reporting system.
7.1,37 The DB shall administer and coordinate the project contract closeout
process and shall resolve any warranty provision issues, The DB
shall report progress of project contract closeout to the City in a
manner consistent with the City's reporting system.
7.1.38 The DB shall administer and enforce the Environmental Mitigation
Monitoring and Reporting Plan for the Project, if any, The DB shall
report a record of environmental issues to the City in a manner
consistent with the City's reporting system,
7,1,39 Prepare Operations Manual.
72 Unless the D/B receives the City's prior approval to substitute equal or better
quality materials, the D/B warrants to City that materials and equipment incorporated
in the Project will be new, unless otherwise specified, and that the Project will be of
good quality, free from faults and defects, and in strict conformance with the
Construction Documents and in accordance with Section 22.
Section 8: D/B's Phase IV Services and Obliqations: Ooeration/Startuo Phase
8.1.1 The DB shall prepare, submit for City review and written approval,
and implement a Project Startup and Testing Plan for the Project.
8.1.2 The DB shall conduct Operator Training Sessions for facilities.
8.1,3 The DB shall supervise, manage, and coordinate all project startup
and testing activities for mechanical systems within the provisions of
the project Contract Documents.
8.1.4 The DB shall report progress of project startup and testing to the
City in a manner consistent with the City's reporting system,
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8,1,15 The DB shall report to the City all guarantee/warranty disputes, The
DB shall proceed to resolve such disputes after having submitted to
the City for review and approval the DB's approach for obtaining
resolution for the dispute,
Section 9: Additional Services
9.1 City will have the right to direct D/B to perform Additional Services beyond
those specified in this Agreement D/B may provide Additional Services only if
authorized in writing, in advance, by City and after complying with Section 9-4. The
City may propose changes to the Work of a subcontractor after the bid has been
awarded, In the event of a change of this nature, D/B will estimate the cost of the
Change Order, assist City in developing drawings and specifications as necessary,
solicit a revised bid, negotiate with the subcontractor, present a recommendation for
a Change Order to City, and implement construction as approved by City,
9.2 For Additional Services which increase the Hard Construction Costs, design
costs, or other reasonably necessary costs of the Project, D/B shall be paid a fee as
determined on Exhibit 2, Said fee shall cover all home office overhead and profit to
be earned as additional services,
9.3 For additional services, which result in an extension of the Substantial
Completion date, D/B shall be paid a fee equal to the number of working days the
Substantial Completion date is extended multiplied by the daily proration of the
general conditions fee included within the GMP,
9.4 If at any time D/B contends that it is being asked to perform Additional
Services, it shall give City written notice 5 days prior to performing said services
indicating that D/B intends to seek additional compensation beyond the D/B Fixed
Fee, Furnishing advance written notice shall be a condition precedent to being able
to seek additional compensation from City,
Section 10: Bonds
10,1 D/B shall furnish performance and payment bonds with the names of the
obligees designated as the City in the amount set forth below, as security for the
faithful performance and payment of all D/B's obligations under the Agreement
These bonds shall remain in effect at least until thirty (30) days after the filing date of
Notice of Completion, except as otherwise provided by law or regulation or by this
Agreement D/B shall also furnish such other bonds as are required by this
Agreement If the D/B incurs increased costs to provide the performance and
payment bond following City's acceptance of the GMP, and cost increase is incurred
solely as result of insurance bond market rate volatility, with any matters of D/B's
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reduced insurability criteria expressly excepted, then the contract will be adjusted to
the new rate charged to the D/B by the insurance carrier.
10,1,1 The performance bond shall be in the amount of 100% of the GMP,
10,12 The payment bond shall be in the amount of 100% of the Hard
Construction Costs,
102 All bonds shall be in the form prescribed by City and by such sureties which
are authorized to transact such business in the State of California, listed as
approved by the United States Department of Treasury Circular 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, All
bonds signed by an agent must be accompanied by a certified copy of such agent's
authority to act Surety companies must be duly licensed or authorized in the
jurisdiction in which the Project is located to issue bonds for the limits so required,
10,3 If the surety on any bond furnished by D/B 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) days thereafter substitute another bond
and surety, which must be acceptable to City,
Section 11: Insurance
11.1 The insurance provisions herein shall not be construed to limit D/B's
indemnity obligations contained in this Agreement
112 D/B shall procure and maintain for the duration of the contract, insurance
against claims for injuries to persons or damages to property, which may arise from
or in connection with the performance of the work hereunder by the D/B, his agents,
representatives, employees or subconsultants, All subconsultants shall be required
to comply with the applicable insurance provisions, The maintenance of proper
coverage is a material element of the contract and that failure to maintain or renew
coverage or to provide evidence of renewal may be treated by the City as a material
breach of contract
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11,3 Minimum Scope of Insurance
11,3,1 Coverage shall be at least as broad as:
11,3,1,1 Insurance Services Office Commercial General Liability
coverage (occurrence Form CG 0001).
11.3.1.2 Insurance Services Office Form Number CA 0001
covering Automobile Liability, Code 1 (any auto),
11,3,1,3 Workers' Compensation insurance as required by the
State of California and Employer's Liability Insurance,
11,3.1.4 Errors and Omissions Insurance.
11,3,1.5 Builder's Risk Propertv Insurance:
The City of Chula Vista will provide coverage for "all risk"
Builder's Risk Insurance, excluding the peril of
earthquake and flood, and subject to other policy terms,
conditions and exclusions, Coverage will be provided for
the Replacement Cost of Materials, Equipment and
fixtures destined to become a permanent part of the
structure, Property in Transit and Property in Offsite
Storage for Mt San Miguel Community Park construction
in an amount not to exceed $2,000,000 million,
Contractors and Subcontractors will be added to policy as
Loss Payees as their interest may appeaL
Contractor and its Subcontractors will be solely
responsible for any loss or damage to their personai
property including contractor's tools and equipment
owned, used, leased, or rented by the Contractor or
Subcontractor.
The $5,000 policy deductible amount will be the
responsibility of Contractor and/or Subcontractor.
11.4. Minimum Limits of Insurance
11.4.1 Contractor or appropriate subconsultant shall maintain limits no less
than:
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11 k 1.1 General $2,000,000
Liability:
(Including
operations,
products and
completed
operations,)
11 k 1,2 Automobile $1,000,000
Liability:
11.4.1.3 Worker's $1,000,000
Compensation
/ Employer's
Liability:
11.4.1.4 Errors and $1,000,000
Omissions:
11.4.1.5 Builder's Risk $2,000,000
- City to
Provide
11.5 Deductibles and Self-Insured Retentions
per occurrence for bodily
injury, personal injury and
property damage, If
Commercial General
Liability Insurance or other
form with a general
aggregate limit is used,
either the general
aggregate limit shall apply
separately to this
projecUlocation or the
general aggregate limit
shall be twice the required
occurrence limit
per accident for bodily injury
and property damage,
per accident for bodily injury
or disease,
per occurrence
Hard Construction Cost of
Structure
11,5.1 Any deductible or self-insured retentions must be declared to and
approved by the City, At the option of the City, either: the insurer
shall reduce or eliminate such deductibles or self-insured retentions
as respects the City, 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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11,6 Other Insurance Provisions
11,6,1 The general liability policy shall contain, or be endorsed to contain,
the following provisions:
11,6.1.1 The City, its officers, officials, employees, and volunteer
are to be covered as additional insureds using ISO Form
CG2010 (11/85) or its equivalent specifically the
endorsement must not exclude Completed Operations,
with respect to liability arising out of work or operations
performed by or on behalf of the D/B including materials,
parts or equipment furnished in connection with such
work or operations.
11,6.1,2 For any claims related to this project the D/B's insurance
coverage shall be the primary insurance as respects the
City, its officers, officials, employees, and volunteers, Any
insurance or self-insurance maintained by the City, its
officers, officials, employees, or volunteers shall be
excess of the D/B's insurance and shall not contribute
with it.
11.6,1,3 Coverage shall not extend to any indemnity coverage for'
the active negligence of the additional insured in any case
where an agreement to indemnify the additional insured
would be invalid under Subdivision (b) of Sections 2782 of
the Civil Code.
11,7 Verification of Coverage
11.7.1 Contractor shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by this
clause, The endorsements should be on forms that conform to the
requirements, All certificates and endorsements are to be received
and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required
insurance policies, including endorsements affecting the coverage
required by these specifications at any time.
11,8 Subcontractors
11,8.1 All coverages for subcontractors or subconsultants shall be subject
to all of the requirements stated herein, Subcontractors and
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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 DIB as
additional insured's under its policies.
11.9 Cooperation. The DIB 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 payments to the D/B.
11.10 Prior to beginning Work under the Agreement, each and every Contractor of
any tier shall furnish Certificates of Insurance satisfactory to the City. All such
Certificates shall contain at least the following provisions:
11.10.1 Thirty (30) days written notice to the City prior to any cancellation,
non-renewal or material reduction in coverage.
11.10.2 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 Certificates.
11.10.3 Throughout the life of the Agreement, each and every Contractor of
any tier shall pay for and maintain in full force and effect, with
Insurers authorized by the California Insurance Commissioner to do
business in the State of California, any policies required by this
Agreement.
11.10.4 Any insurance provided for this project shall be written through an
insurer with an A.M. Best Rating of not less than AV. Any
exceptions are at the sole discretion of the City and subject to
written approval of the City.
11.11 Questions concerning the insurance requirements of this Agreement shall be
directed to the City Representative.
Section 12:
Inspection
12.1 City shall be responsible for City inspection and material testing and
inspections, with reimbursement to be required by DIB for any re-inspections. The
City shall either perform said inspection services with its own forces or contract with
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third parties. It shall be the responsibility of DIB, however, to call for, coordinate and
schedule all inspections.
12.2 City, its consultants, subcontractors, independent testing laboratories as well
as other governmental agencies with jurisdictional interests will have access at
reasonable times for this observation, inspecting and testing. DIB shall provide
them proper and safe conditions for such access and advise them of DIB's safety
procedures and programs so that they may comply.
12.3 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 Documents or shall in any way limit or modify
DIB's indemnity obligations as provided for within this agreement. Unless otherwise
specified, the cost of such inspection and testing will be borne by the City. In the
event such inspections or tests reveal non-compliance with the requirements of the
Construction Documents, DIB shall bear the cost of corrective measures deemed
necessary by City, as well as the cost of subsequent re-inspection and re-testing.
Neither observations by the City nor inspections, tests, or approvals by others shall
relieve DIB from DIB's obligations to perform the Work in accordance with the
Construction Documents. DIB 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. DIB
shall give at least 24 hours notice for on-site inspection and five (5) days notice for
off-site inspection.
12.4 City has the right to stop or suspend Work activities which will conceal or
cover up DIB Work product which is to be inspected or tested, orwhich will interfere
with the inspection or testing activities, for a reasonable time and DIB will have no
right to additional cost or time it may incur as a result of the Work stoppage.
Section 13: DIB GMP for Services and Reimbursements
13.1 DIB shall submit to City 100% Construction Documents ("CD's") for approval.
Upon the approval of the 100% CD's, DIB shall, within ten (10) working days,
submit a GMP for approval by City. The GMP shall include all Hard Construction
Costs, DIB Contingency Fund, Reimburseable Costs, and DIB Fixed Fee for the
complete design and construction of the entire Project as specified in the 100%
CD's; provided that:
13.1.1 The GMP shall not exceed $2,015,343 for the park and include
within said GMP shall be no more than $349,459 for Design Services
and General Conditions as previously identified in Section 1.3.1 of
this agreement.
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13.1.2 Said GMP shall be supported by a detailed itemized breakdown that
shows: the DIB Fixed Fees and the expected Hard Construction
Costs for each of the major trades of the Project which will include
labor, material expenses, equipment costs, and a reasonable DIB
Contingency Fund. Said DIB contingency fund shall not exceed 5%
of the Hard Construction Costs.
13.1.3 All Hard Construction Costs included in the GMP are for direct
Construction costs incurred in performing the work, including taxes,
delivery and installation. City shall reimburse DIB for the exact
amount of subcontract, self preformed work or invoice amount. No
additional DIB markup, handling fees, overhead, or other charges
are to be added or paid except as otherwise set forth in this
agreement. Upon Final Completion of the Project, any amount of
Hard Construction Costs or DIB Contingency Fund monies not
utilized shall result in a deductive Change Order.
13.1.4 The GMP shall include a DIB Contingency Fund which can be used
by the DIB with City approval. If the Parties mutually agree that
there is a sufficient surplus, the DIB Contingency Fund will be
available to provide additional funds for Change Orders as provided
for in Section 7 of this Agreement. This Contingency Fund will not
be available for: (1) Work required due to DIB's and/or
Contractorslsubcontractors failure to perform according to the terms
of this Agreement and/or in compliance with the Construction
Documents, or (2) uninsured losses resulting from the negligence of
DIB or its Contractors/subcontractors. All change orders, including
zero dollar change orders, which require the use of the DIB
Contingency Fund, shall require City approval. The City reserves the
right to seek reimbursements for any funds used due to errors or
omissions of the Design Consultants.
13.1.5 DIB shall prepare, with the cooperation of the City, alternate bid
items to assist in meeting the GMP;
13.2 Except as otherwise expressly provided in this Agreement, as full and
complete compensation for performance of all services and obligations under this
Agreement, DIB shall be compensated ("D/B GMP") by a sum to be determined at
100% construction documents. GMP shall include the not to exceed amount of
$182,000 for General Conditions and $167,459 for Design Services for a total of
$349,459. Said $349,459 for General Conditions and Design Services shall not be
exceeded unless additional services are requested pursuant to S 7 above or a
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change order issued pursuant to S 14. Unless otherwise expressly provided in this
Agreement, D/B GMP shall include full compensation for all costs of any type
incurred by DIB in performing all services and obligations under this Agreement,
including but not limited to the following:
13.2.1 All Design Consultants, including but not limited to architectural,
structural, civil, mechanical, electrical, communications, graphics and
art consultants, landscape architects, and acoustical, audio visual,
lighting, and security consultants.
13.2.2 Estimating, value engineering and construction management;
13.2.3 Construction supervision and project management personnel,
including but not limited to superintendents, Project managers,
Project secretaries, Project engineers, Project accountants, and all
other DIB personnel wherever located;
13.2.4 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;
13.2.4.1
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 anyone
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.
13.2.5 All home-office and field overhead costs of any type including
document control and retention;
13.2.6 All business license costs;
13.2.7 All profit D/B intends to earn under this Agreement.
13.2.8 All direct and incidental costs incurred by DIB, except for those
specifically identified in Section 9.
13.3 DIB shall be reimbursed, without markup and only as specified in this
Agreement for the following "Reimbursable Costs."
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13.3.1 Any reimbursable cost expressly provided for elsewhere in this
Agreement.
13.4 DIB agrees and acknowledges the City retains its full and complete discretion
for all legislative actions, including any future appropriations necessary to complete
this Project or fund this Agreement. As more fully provided in Section 26, the City
may terminate this Agreement for any reason, including but not limited to, if City
Council fails to appropriate sufficient funds or is unsuccessful at obtaining long term
financing.
Section 14: Chanqe in GMP and Contract Time
14.1 The GMP and Contract Time may only be changed by written Change Order.
Change Orders shall be issued only under the following circumstances:
14.1.1 The City directs DIB to perform Additional Services or City Changes
as provided in Section 9.
14.1.2 For reasons expressly provided elsewhere in this Agreement.
14.2 The following procedure shall be followed for the issuance of Change Orders:
14.2.1 Upon the occurrence of any event that gives rise to a Change Order,
D/B shall give the City notice of the same with 5 days. DIB shall not
proceed with any such services or work until such notice has been
given to the City except if such services or work are necessary to
protect public health, safety or property.
14.2.2 Unless otherwise directed by the City Representative in writing,
before proceeding with any Change Order work D/B shall promptly
provide the City with 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, Reimbursable Costs
or Hard Construction Costs. DIB shall also provide City with a
realistic estimate of the impact, if any, the Change Order will have
on the Contract Time.
14.2.3 Upon submission of the detailed estimates by the DIB, the Parties
will attempt to negotiate an appropriate adjustment in GMP and
Contract Time. If an agreement is reached, a Change Order
reflecting the agreement will be executed by the Parties. If an
agreement is not reached, the City shall have the option to direct the
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DIB to proceed with the subject services andlor work, during which
time the D/B shall contemporaneously maintain accurate and
complete records of all labor, material and equipment utilized in
performing the subject services andlor work. These records shall be
submitted to the City and shall become the basis for continued
negotiations between the Parties for an equitable adjustment to the
GMP and/or Contract Time.
14.2.4 In the event there is any disagreement or dispute between the
Parties as to whether the D/B is entitled to a Change Order or the
amount of the Change Order, the matter shall be resolved in
accordance with Section 33. DIB shall not have the right to stop or
delay in the prosecution of any services or work, including services
or work that is the subject of the Change Order, pending this
resolution process. Instead, DIB shall continue diligently
prosecuting all such services and work.
14.2.5 City may, in its sole discretion, adjust the GMP or Contract Time for
any undisputed amount or time associated with the Change Order or
Additional Services.
Section 15: Pavment Terms
15.1 DIB shall provide all Phase I, II and IV services for the Phase I, II and IV Fee.
DIB shall submit certificate and application for payment to the City on a monthly
basis for Phase I, II and IV services rendered and costs incurred. The monthly
payment shall be based upon percentage of completion of the Schedule of Values
plus any Reimburseable Costs as provided in Section 15.3.
15.2 DIB shall provide all Phase III services for the Phase III Fee. DIB shall submit
certificate and application for payment to City on a monthly basis for Phase III
services. The monthly payment application shall be based upon the percentage of
completion of the Schedule of Values plus any Reimbursable Costs and Hard
Construction Costs as provided in Section 15.3 and 15.4, less any payments
previously made by the City and subject to the receipt of unconditional lien releases
for all prior payments and if the invoiced amount is not disputed by City, it shall pay
D/B ninety percent (90%) of payment application based upon the percentage
complete of the Schedule of Values and 100% of the reimbursable costs within thirty
(30) days after receipt of the fully documented invoice. City will withhold the
remaining 10% as security for DIB's full performance.
15.3 DIB shall develop and maintain an accurate system for tracking all
Reimbursable Costs. Utilizing this system, DIB shall include with each month
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payment application an itemization of all such Reimbursable Costs actually incurred
by D/B, during the previous month. If requested by the City, D/B shall provide all
backup documentation supporting such Reimbursable Costs.
15.4 DIB shall develop and maintain an accurate system for tracking all Hard
Construction Costs it incurs on the Project. Utilizing this system, DIB shall include
with each monthly application for payment an itemization of all Hard Construction
Costs actually incurred by DIB during the previous month.
15.5 DIB shall separately submit to City certificate and application for payment on
a monthly basis for any authorized Additional Services performed by D/B. Subject
to the receipt of unconditional lien releases for all prior payments and if Additional
Services are not disputed by City, City shall pay ninety percent (90%) of the invoiced
amount within thirty (30) days of receipt of fully complete invoice. City will withhold
the remaining 10% as security for DIB's full performance.
15.6 Subject to Sections 15.8, City shall pay DIB the ten percent (10%) retention
being withheld pursuant to Sections 15.2, and 15.5 as part of the "Final Payment" to
D/B. Final Payment will be made thirty-five (35) days after Final Completion.
15.7 The City Manager will consider the release of the entire retention for
subcontractors upon completion of the subcontractors' work and execution of a
disclaimer and unconditional final lien release by the subcontractor.
15.8 In lieu of withholding retention under this Agreement, at the election of DIB,
City will deposit retention amounts into escrow andlor the substitution of securities
for money as provided in California Public Contract Code Section 22300.
Section 16: Proiect Completion
16.1 Substantial Completion shall be 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 and
have been initially tested, and are operationally functional, subject only to final
testing, balancing and adjustments and normal Final Completion punchlist Work.
16.2 Final Completion shall be deemed to occur on the last of the following events:
(1) recordation of a Notice of Completion for the Project; (2) acceptance of the
Project by the City; (3) issuance of a final Certificate of Occupancy for the Project;
(4) submission of all documents required to be supplied by DIB to City under this
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Agreement, including but not limited to As-Built Drawings, warranties, and operating
manuals; (5) and delivery to City of a Certificate of Completion duly verified by D/B.
16.3 D/B shall provide City with a Certificate of Completion, certifying to City under
penalty of perjury 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 relating
to the Project.
16.4 D/B shall provide five sets of City final record drawing documents at the end
of construction and one copy in electronic format ("As-Built Drawings") and one copy
of reproducible drawings. As-Built Drawings are to be accurate and legible records
showing exact location by dimensions, and the exact depth by elevation of
underground lines, valves, plugged tees, wiring and utilities.
16.5 DIB shall provide a copy of, or make available before destruction, all records
(which includes all writings as defined in Evidence Code Section 250) to the City
upon receipt or generation, which shall include a copy of DIB's filing protocol.
Section 17: Contract Time
17.1 The "Contract Time" shall be the date stated in Section 1 for DIB to achieve
Substantial Completion.
17.2 "Time is of the essence" with regard to Contract Time and all milestones in
the DCS.
17.3 The Contract Time may only be changed by a Change Order as set forth in
Section 14.
17.4 Further, an extension in Contract Time will not be granted unless DIB can
demonstrate through an analysis of the Project Schedule that the increases in the
time to perform or complete the Project, or specified part of the Project, beyond the
corresponding Contract Time arise from unforeseeable causes beyond the control
and without the fault or negligence of DIB, its Design Consultants, and
subcontractors or suppliers, and that such causes in fact lead to performance or
completion of the Project, or specified part in question, beyond the corresponding
Contract Time, despite DIB's reasonable and diligent actions to guard against those
effects.
17.5 DIB carries the burden of proving an entitlement to an increase in the
Contract Time. Delays attributable to and within the control of Design Consultants,
or subcontractor or supplier shall be deemed to be delays within the control of D/B.
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No time extension will be allowed for such delays. An increase in Contract Time
does not necessarily mean that DIB is due an increase in the GMP.
Section 18: Late Completion
18.1 City and DIB recognize that time is of the essence in this Agreement and that
City will suffer financial loss if the Project is not completed within the Contract Time,
plus any extensions thereof allowed in accordance with Section 17.3. They also
recognize the delays, expense, and difficulties involved in proving in a legal
proceeding the actual loss suffered by City if the Project is not completed on time.
Accordingly, instead of requiring any such proof, City and DIB agree that DIB 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 DIB expressly agrees are "not unreasonable under the
circumstances" as defined in California Civil Code 91671 (b): $100 for each calendar
day. Liquidated Damages shall not be assessed after the date on which Substantial
Completion is achieved pursuant to Section 16.
Section 19: Riaht to Modify Work
19.1 Without invalidating the Agreement and without notice to any surety, City may
at any time or from time to time, order additions, deletions, or revisions in the
Project; these will be authorized by a written Change Order prepared and issued by
City. Upon receipt of any such document, DIB shall promptly proceed with the Work
involved which will be performed under the applicable conditions of the Construction
Documents (except as otherwise specifically provided).
19.2 When City desires a change in the Project, City may issue a Request for
Proposal to D/B. DIB will be required to respond within the time indicated by City.
Section 20: Intentionallv Omitted
Section 21: Work Bv Others
21.1 City may perform other work related to the Project at the Project Site by City's
own forces, or let other direct contracts ("City Contractor"). The City will give DIB
reasonable notice of its intent to do such other work. DIB's work shall take priority
over the City Contractors; but the Parties will use their best efforts to coordinate their
work so as to minimize the disruption to each other's work and to allow City
Contractor to proceed expeditiously.
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21.2 If the proper execution or results of any part of DIB's work depends upon the
work by the City or City Contractor, D/B shall promptly inspect and report to City in
writing any apparent delays, defects, or deficiencies in the City's work that render it
unavailable or unsuitable for such proper execution and results. DIB's failure to
promptly report such delays, defects, or deficiencies in writing before
commencement of the affected work, will constitute an acceptance of the City's work
as fit and timely for integration with D/B's Work except for latent defects and
deficiencies in the City's work for which DIB will not be responsible.
21.3 If DIB or any person or entity working for DIB causes damage to the City's or
City Contractor's work, property, or person, or if any claim arising out of DIB's
performance of the Project by any other contractor is made against DIB, by City, any
other contractor, or any other person, D/B shall promptly repair and/or resolve said
claim at no cost to City.
Section 22: Warranties and Guarantees
22.1 DIB warrants and guarantees to City that materials and equipment
incorporated into the Project will be new unless otherwise specified and that all work
will be in strict accordance with the Construction Documents and will not be
defective. Prompt notice of defects known to City shall be given to D/B. All
Defective Work, whether or not in place, may be rejected, corrected, or accepted as
reasonably directed by City, provided DIB shall not be entitled to an extension in
Contract Time or increase in GMP because of any delay or increase in cost
attributable to the rejection, correction or acceptance of said work. Defective work
may be rejected even if approved by prior inspection.
22.2 The warranty period shall commence when the Certificate of Final
Completion is issued (irrespective of beneficial use by City prior to Final Completion)
and extend one (1) year after that date orwhatever longer period may be prescribed
by laws or regulations or by the terms of any applicable special guarantee or specific
provision of the Construction Documents.
22.3 D/B is to provide any extra material for maintenance at the completion of the
Project, including items such as carpeting, base, floor tile, ceiling tile, paint, and
filters.
22.3.1 DIB is to provide City one (1) set of operating and maintenance data
manuals, fully bound and indexed, warranties, guarantees, and
bonds.
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22.4 Correction of Defective Work - If within the designated warranty period, or
such longer period as may be required by laws or regulations, the Project or any
part of the Project, is discovered to contain defective work, D/B shall promptly,
without any reimbursement or adjustment in the GMP, and in accordance with City's
written instructions, either correct that defective work, or if it has been rejected by
City remove it from the Project and replace it with work which is not defective. If
circumstances warrant it, including but not limited to, in an emergency, City or D/B
may have the defective work corrected or the defective work removed and replaced.
In that event, D/B shall not be allowed to recover any associated costs, and D/B
shall reimburse City for all direct, and indirect costs of City, and City shall be entitled
to an appropriate decrease in the GMP, to withhold a setoff against amount
recommended for payment, or make a claim on DIB's bond if DIB has been paid in
full.
22.5 With respect to all warranties, express or implied, from subcontractors,
manufacturers, or suppliers for Work performed and materials furnished under this
Agreement, the D/B shall:
22.5.1 Obtain all warranties that would be given in normal commercial
practice and as required by the City;
22.5.2 Require all warranties to be executed, in writing, for the benefit of
City;
22.5.3 Enforce all warranties for the benefit of City, if directed by City;
22.5.4 In the event DIB's warranty under section 22.2 has expired, City may
bring suit at its expense to enforce a subcontractor's,
manufacturer's, or supplier's warranty;
22.5.5 DIB shall assign all subcontractor, supplier and manufacturer
warranties including maintenance contracts from the installer for
specialized equipment, such as elevators, escalators, movable
partitions, equipment etc., to cover the limited warranty period to City
at the expiration of the one year warranty; and
Section 23: Use and Possession Prior to Completion
23.1 City shall have the right to take possession of or use any completed or
partially completed part of the Work if mutually agreed upon by the parties. Before
taking possession of or using any Work, City shall furnish DIB a list of items of Work
remaining to be performed or corrected on those portions of the Work that City
intends to take possession of or use. However, failure of City to list any item of
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Work shall not relieve D/B of responsibility for complying with the terms of this
Agreement. City's possession or use shall not be deemed an acceptance of any
Work under this Agreement, nor relieve the D/B of any of its obligations under this
Agreement.
23.2 While City has such possession or use, D/B shall be relieved of the
responsibility for the loss of or damage to the Work resulting from City's possession
or use. If prior possession or use by City delays the progress of the Work or causes
additional expense to DIB, an equitable adjustment shall be made in the GMP or the
Contract Time, and the Agreement shall be modified in writing accordingly.
Section 24: Personal Services and Non-Assiqnabilitv
24.1 This is a personal services Agreement and, therefore, DIB shall not alter the
key employees or Design Consultants nor assign or transfer, voluntarily or
involuntarily, any of its rights, duties or obligations under this Agreement except
upon the prior written consent of City. Any such change, assignment or transfer
without the prior written consent of the City shall be deemed null and void and
constitute a material breach under this Agreement.
Section 25: Indemnification
25.1 To the fullest extent permitted by the law, D/B shall indemnify, defend, protect
and hold harmless City, its elected and appointed officers, agents, employees,
consultants, (collectively herein the "Indemnitees"), from and against all claims,
demands, causes of action, damages, injuries, liabilities, losses and expenses
(including, without limitation, reasonable attorneys' and consultants' fees and
expenses) of any kind whatsoever, arising in whole or in part out of or resulting from
D/B's performance of this Agreement, D/B's breach of this Agreement, or the
alleged negligent acts or omissions of D/B, its architects, engineers, other
professionals and consultants, Contractors, suppliers or anyone directly or indirectly
employed by any of them or anyone for whose acts they may be liable. The
obligations of the DIB under this paragraph for errors or omissions, including those
of the design professional subcontractors, which includes the Design
Subcontractors, consultants, agents and employees thereof ("Design
Subcontractors"), which arise from (1) the preparation or approval of maps,
drawings, opinions, reports, surveys, designs or specifications, or (2) the giving of or
the failure to give directions or instructions shall not be limited to the amount of
coverage provided for in the professional liability insurance policy. If City is fully
reimbursed by DB's insurance for any loss covered by this paragraph, DIB shall
have no further obligation for such loss.
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25.2 DIB's obligation to indemnify under section 25.1 shall not extend to such
claims, demands, causes of action, damages, injuries, liabilities, losses and
expenses, to the extent that such is the result of the active negligence or the willful
misconduct of an Indemnitee. DIB's obligation to defend under section 25.1, if not
covered by the insurance to be provided on the Project, shall not extend to such
claims, demands, causes of action, damages, injuries, liabilities, losses and
expenses, or causes of actions, to the extent that such are caused by the active
negligence or the willful misconduct of the Indemnitee, and from no other cause.
25.3 The DIB agrees, notwithstanding the above to the fullest extent permitted by
law, to indemnify, defend, and hold harmless the City, its elected and appointed
officers, employees, agents and consultants from and against any and all claims,
suits, demands, liabilities, losses, or costs, including reasonable attorney's fees and
defense costs, resulting or accruing to any and all persons, firms, and any other
legal entity, caused by, arising out of or in any way connected with the handling,
removal, abatement, capping, migration (after handling, removal, abatement or
capping) of, or disposal of any asbestos or hazardous or toxic substances, products
or materials that exist on, about or adjacent to the jobsite, whether liability arises
under breach of contract or warranty, tort, including negligence, strict liability or
statutory liability or any other cause of action. D/B's obligation regarding asbestos
or hazardous or toxic substances, products or materials shall be limited to the
proper removal within the Project boundaries and the proper disposal of such
materials.
Section 26: Riqht to Terminate and Suspend Work
26.1 Archaeological and Paleontological Discoveries. If a discovery is made of an
archaeological or paleontological interest, DIB 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.
26.1.1 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.
26.1.2 DIB shall be entitled to an extension of time and compensation in
accordance with the provisions of this Agreement.
26.2 Termination of Agreement by City for Cause. If, through any cause, DIB shall
fail to fulfill in a timely and proper manner DIB's obligations under this Agreement, or
if DIB shall violate any of the covenants, agreements or stipulations of this
Agreement, City shall have the right to tenminate this Agreement by giving written
notice to DIB of such tenmination and specifying the effective date thereof at least
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five (5) days before the effective date of such termination. All finished or unfinished
documents, data, studies, drawings, maps, plans, specifications, reports and other
materials prepared by DIB, or any of its agents, Design Consultants or
Subcontractors, shall, at the option of the City, become the property of the City, and
D/B shall be entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up to the effective
date of Notice of Termination, not to exceed amounts payable hereunder, and less
any damages caused by D/B's breach.
26.2.1 In the event the Agreement is terminated in accordance with this
Section, City may take possession of the Project and may
complete the Project by whatever method or means City may
select.
26.2.2 If the cost to complete the Project exceeds the balance, which
would have been due, D/B shall pay the excess amount to City.
26.2.3 Rights of City Preserved. Where D/B's services have been so
terminated by City, the termination will not affect any rights or
remedies of City against D/B then existing or which may thereafter
accrue. Any retention or payment of moneys due DIB by City will
not release D/B from liability. It is agreed that termination
hereafter will not in any way release, waiver, or abridge any rights
the City has against DIB's performance bond surety.
26.2.4 Any dispute as to the amount due or owed to D/B upon termination
under this section shall be resolved in accordance with Section 33.
26.3 Termination for Convenience by City. City may terminate this Agreement at
any tirne and for any reason, by giving specific written notice to DIB of such
termination and specifying the effective date thereof, at least seven (7) days before
the effective date of such termination. In that event, all finished and unfinished
documents and other materials described hereinabove shall, at the option of the
City, become City's sole and exclusive property. If the Agreement is terminated by
City as provided in this paragraph, DIB shall be entitled to receive just and equitable
compensation for any satisfactory Work completed, including reasonable
demobilization costs, to the effective date of such termination. DIB hereby expressly
waives any and all claims for damages or compensation arising under this
Agreement except as set forth herein.
26.3.1 Records and Documents Relatina to Termination. Unless otherwise
provided in the Agreement or by statute, DIB shall maintain all
records and documents relating to the terminated portion of this
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Agreement for three (3) years after final settlement. This includes all
books and other evidence bearing on DIB's costs and expenses
under this Agreement. DIB shall make these records and
documents available to City, at D/B's office, at all reasonable times,
without any direct charge. If approved by the City Manager,
photographs, electronic files, microphotographs, or other authentic
reproductions may be maintained instead of original records and
documents.
26.4 Upon receipt of the Notice ofTermination, D/B shall take any 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
DIB and in which City has or may acquire an interest.
26.5 Payment to D/B Due to Termination - DIB and the City Manager may agree
upon the whole or any part of the amount to be paid because of the termination.
The amount may include a fee proportional to the percentage of work satisfactorily
completed. However, the agreed amount, exclusive of costs shown in section 26.9
below, may not exceed the total dollar amount authorized by City as reduced by the
amount of payments previously made. If termination occurs during Phase I, II, or
III, DIB shall only be entitled to the Fees for Phases I, II, or III, or a portion thereof,
and no amount for Phase IV D/B Fixed Fee, except for Phase IV DIB fixed fee
proportional to the percentage of work satisfactorily completed and authorized
pursuant to Section 6.
26.6 Failure to Aaree on Payment - If DIB and City fail to agree on the whole
amount to be paid because of the termination of Project, City shall pay DIB the fair
and reasonable amounts determined in good faith by City as follows, but without
duplication of any amounts agreed to above:
26.6.1 The price for completed services accepted, including any retention,
by City not previously paid;
26.6.2 The costs incurred in the performance of the Project terminated,
including initial costs and preparatory 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;
26.6.3 A portion of the DIB Fixed Fee (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
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completed, City shall allow no profit under this section and shall
reduce the settlement to reflect the indicated rate of loss;
26.6.4 D/B and Design Subcontractor services through the date of
termination shall be paid based on actual time spent as documented
on timecards. Expenses shall be paid based on invoice and receipts
provided by D/B;
26.6.5 Under no circumstances will DIB be entitled to any consideration for
lost profit or lost opportunity costs.
26.7 IfDIB does not agree that the amount determined by the City Manager is fair
and reasonable and if D/B gives notice of such disagreement to City within thirty
(30) days of receipt of payment, then the amount due shall be as later determined
pursuant to the Dispute Resolution procedures in Section 33.
26.8 Pavment for Propertv Destroved. Lost. Stolen or Damaoed - Except to the
extent that City expressly assumed the risk of loss, the City Manager shall exclude
from the amounts payable to D/B under this Section, 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.
26.9 Deductions -In arriving at the amount due D/B under this section, there shall
be deducted:
26.9.1 Any claim which City has against DIB under this Agreement; and
26.9.2 The agreed price for, or the proceeds of sale of, materials, supplies,
or other things acquired by DIB or sold under the provisions of this
clause and not recovered by or credited to City.
26.10 Termination of Aoreement bv DIB
26.10.1 D/B may terminate the Agreement upon ten (10) days written notice
to City, whenever:
26.10.1.1 The Project has been suspended under the provisions
of Section 26.1 or 26.2, for more than ninety (90)
consecutive days through no fault or negligence of DIB,
and notice to resume Work or to terminate the
Agreement has not been received from City within this
time period; or,
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26.10.1.1 City should fail to pay DIB allY monies due it in
accordance with the terms of this Agreement and within
ninety (90) days after presentation to City by DIB of a
request therefore, unless within said 1 a-day period City
shall have remedied the condition upon which the
payment delay was based.
26.10.2 In the event of such termination, D/B shall have no claims against
City except for those claims specifically enumerated in Section 26.9,
herein, and as determined in accordance with the requirements of
said Section.
Section 27: Independent Contractor
27.1 D/B and any Design Consultant, Contractor, Subcontractor, agent or
employee of D/B, shall act as an independent contractor and not as an agent, officer
or employee of City. Except as expressly provided in this Agreement, City assumes
no liability for DIB's actions and performance; in particular, but without limitation,
City assumes no responsibility for paying any taxes, bonds, payments or other
commitments, implied or explicit, by or for D/B. DIB acknowledges that it is aware
that because it is an independent contractor, City is making no deductions from the
fees for services being paid to DIB and that City is not contributing to any fund on
the behalf of D/B. D/B disclaims the right to any type of additional fee or benefits.
Section 28: Independent Judqment
28.1 Unless otherwise directed in writing by City, DIB shall, in providing the
professional services required by this Agreement, arrive at conclusions with respect
to the rendition of information, advice and recommendations, independent of the
control and direction of City, other than normal contract monitoring; DIB, however,
shall possess no authority with respect to any City decision beyond rendition of such
information, advice and recommendations. DIB shall not have the authority to act as
an agent on behalf of City unless specifically authorized to do so by City in writing.
Section 29:
Maintenance of Records and Accountinq
29.1 DIB shall maintain, during the Project and for a period of three (3) years after
completion of the Project, accurate and organized records of all costs of any type
and all services performed under this Agreement. City will have the right at any
time, including during the performance of all Phases of the Project to audit and copy
all such records.
Section 30: Ownership of Documents
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30.1 All reports, studies, information, data, statistics, forms, designs, plans,
procedures, systems and any other materials or properties produced under this
Agreement shall be the sole and exclusive property of City. No such materials or
properties produced in whole or in part under this Agreement shall be subject to
private use, copyrights or patent rights by Consultant in the United States or in any
other country without the express written consent of City. City shall have
unrestricted authority to publish, disclose (except as may be limited by the
provisions of the Public Records Act), distribute, and otherwise use, copyright or
patent, in whole or in part, any such reports, studies, data, statistics, forms or other
materials or properties produced under this Agreement.
Section 31: Force Maieure
31.1 Any party to this Agreement may be excused for any delay or failure to
perform its duties and obligations under this Agreement, except for obligations to
pay money, but only to the extent that such failure or delay is caused by an Event of
Force Majeure as set forth in section 31.2. If an Event of Force Majeure setforth in
section 31.2 causes a delay or failure in performance of only a portion of the
obligations of a Party under this Agreement, then only that portion of performance
which was delayed or prevented by such cause shall be deemed excused, and the
performance of all other obligations of a Party not so delayed shall not be excused
by an Event of Force Majeure. Delay or failure in performance of all other
obligations of a Party not so delayed shall not be excused by such Event of Force
Majeure. Delay or failure in performance by a Party which is the result of an Event
of Force Majeure set forth in section 31.2 shall be deemed excused for a period no
longer than the delay or failure in performance caused by such Event.
31.2 An Event of Force Majeure means an occurrence beyond the control and
without the fault or negligence of a Party, including but not limited to unusually
severe weather, flood, earthquake, fire, lightning, and other natural catastrophes,
acts of God or the public enemy, war, terrorist act, riot, insurrection, civil disturbance
or disobedience, strike or labor dispute for which DIB is not responsible,
expropriation or confiscation of facilities, changes of applicable law, or sabotage of
facilities, so long as such Party makes good faith and reasonable efforts to remedy
the delays or failures in performance caused thereby. However, DIB, in developing
the GMP and Project Schedule, has incorporated three (3) days for anticipated
adverse weather days that may disrupt work on the Project; DIB shall be entitled to
relief under this Section for adverse weather only to the extent adverse weather
days exceed this amount of days.
31.3 A Party shall give written notice to the other Party as soon after becoming
aware of the delay or failure in performance caused by an Event of Force Majeure
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as is reasonably possible, but in any event within five (5) working days after Party
becomes aware of such delay or failure.
31.4 No Event of Force Majeure shall be a basis for monetary adjustment to the
GMP. Costs incurred by the DIB as a result of a Force Majeure Event will be
reimbursed according to the terms of this Agreement from the Contingency Fund.
Section 32: Hazardous Materials
32.1 In the event the DIB or any other party encounters asbestos or hazardous or
toxic materials at the Project Site, or should it become known in any way that such
materials may be present at the Project Site or any adjacent areas that may affect
the performance of the DIB's services, the DIB may, at his or her option and without
liability for consequential or any other damages, suspend performance of services
on the Project until the City retains appropriate specialist consultant(s) or
contractor(s) to identify, abate andlor remove the hazardous or toxic materials, and
warrant that the Project Site is in full compliance with applicable laws and
regulations.
Section 33: Disputes
33.1 All claims, counterclaims, disputes, and other matters in question arising
under, or relating to, the Agreement or the breach thereof shall be processed in
accordance with the provisions of this Section, unless specifically addressed by
another provision of this Agreement.
33.2 DIB shall submit its written request for a Change Order to City pursuant to
Section 14. City shall make a determination on DIB's request in writing within 7 days
of receipt of request and all supporting data. Said Change Order shall be made in
good faith and accurately reflect the adjustment in GMP or Contract Time for which
DIB believes City is liable, and covers all costs and delays to which DIB believes it is
entitled as a result of the occurrence of the claimed event. All requests for
adjustment in Contract Time shall include an analysis of the Master Construction
Schedule and the impact of the claimed work on specific activities on the Master
Construction Schedule.
33.3 If DIB disagrees with City's determination, DIB shall file a claim in writing 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 iffully set forth herein, and such policies
and procedures used by the City in the implementation of the same.
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33.4 Pending final resolution of any claim, including litigation, DIB shall proceed
diligently with performance of the Project, and comply with any direction of City.
Section 34: Notices
34.1 All notices, demands or other communications hereunder shall be given or
made in writing and shall be delivered personally or sent by courier or registered or
certified mail, return receipt requested, postage prepaid, addressed to the Party to
whom they are directed at the following addresses, or at such other addresses as
may be designated by notice from such Party:
(i) To CITY:
City Attorney
276 Fourth Avenue
Chula Vista, CA 91910
Tel: (619) 691-5037
Fax: (619) 409-5823
Department of General Services
Building and Park Construction
1800 Maxwell Road
Chula Vista, CA 91911
Tel: (619) 397-6220
Fax: 619) 397-6250
(ii) To D/B:
Any notice, demand or other communication given or made solely by mail in the manner
prescribed in this Section shall be deemed to have been given and to be effective three (3)
days after the date of such mailing; provided, however, that any notice, demand or other
communication which would otherwise be deemed to have been given on a day which is
not a working day shall be deemed to have been given on the next subsequent working
day.
Section 35: Miscellaneous Terms
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35.1 Representations: Each Party hereto declares and represents that in
entering into this Agreement it has relied and is relying solely upon its own
judgment, belief and knowledge of the nature, extent, effect and consequence
relating thereto. Each Party further declares and represents that this Agreement is
being made without reliance upon any statement or representation of any other
Party not contained herein, or any representative, agent or attorney of any other
Party.
35.2 Severabilitv: If any term or condition of this Agreement is held to any extent
to be invalid or unenforceable, all the remaining terms and conditions shall be
enforceable to the fullest extent permitted by law.
35.3 Entire Aoreement: This Agreement contains the entire agreement, between
the Parties and supersedes all prior negotiations, discussions, obligations and rights
of the Parties in respect of each other regarding the subject matter of this
Agreement. There is no other written or oral understanding between the Parties.
No modification, amendment or alteration of this Agreement shall be valid unless it
is in writing and signed by the Parties hereto.
35.4 Draftino Ambiouities: 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 that the decision of whether or not to seek the
advice of counsel with respect to this Agreement is a decision which is the sole
responsibility of each of the Parties hereto. 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.
35.5 Applicable Law: The formation, interpretation and performance of this
Agreement shall be governed by the laws of the State of California. Venue for
mediation, arbitration and/or actions arising out of this Agreement shall be in the City
of Chula Vista, California.
35.6 Waiver: Unless otherwise expressly provided herein, no delay or omission
by the Parties hereto in exercising any right or remedy provided for herein shall
constitute a waiver of such right or remedy, nor shall it be construed as a bar to or a
waiver of any such right or remedy on any future occasion.
35.7 Effect of Headinos: Headings appearing in this Agreement are inserted for
convenience of reference only, and shall in no way be construed to be
interpretations of the provisions hereof.
35.8 Amendments: This Agreement may be modified, amended or supplemented
only by the mutual written agreement of the Parties hereto.
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35.9 Authorization and Compliance: Each Party represents that it is duly
authorized to execute and carry out the provisions of this Agreement.
35.10 Further Assurances: The Parties agree to do such further acts and things
and execute and deliver such additional agreements and instruments as the other
may reasonably require to consummate, evidence or confirm the agreements
contained herein in the manner contemplated hereby.
35.11 Counterparts: This Agreement may be executed by the Parties in one or
more counterparts, all of which taken together shall constitute one and the same
instrument. The facsimile signatures of the Parties shall be deemed to constitute
original signatures, and facsimile copies hereof shall be deemed to constitute
duplicate original counterparts.
35.12 Exhibits and Glossarv of Terms: All Exhibits and Glossary of Terms are
incorporated herein by reference into this Agreement.
35.13 Third Partv Beneficiarv: Nothing within this Agreement sh-all create a
contractual relationship between the City and any third party.
[NEXT PAGE IS SIGNATURE PAGE]
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SIGNATURE PAGE TO
DESIGN/BUILD AGREEMENT
Cheryl Cox, Mayor
*"""' HoII
CNeI CJ!>OralInQ QtIIcOf
~,.HoIlCul101r\ldlOl'eo.
CITY OF CHULA VISTA
By:
By:
ATTEST:
Susan Bigelow, City Clerk
Approved as to form by:
Ann Moore, City Attorney
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GLOSSARY OF TERMS
(See Attached)
J:\General Services\GS Administration\Design Build Agreements\AJ1 Seasons Park DBA Q41807.doc
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EXHIBIT LIST (I-III)
Exhibit I
RFP for Design Build Services for Mt. San Miguel Community
Park
A) Park Master Plan
B) Sample Design/Build Contract and Glossary of Terms
(INTENTIONALLY NOT INCLUDED)
C) Project Location
Exhibit 2
Design Build Fee Structure
Exhibit 3
Identification of Design Build Team Members
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EXHIBIT 1
RFP for Design Build Services for Mt. San Miguel Community Park
A) Park Master Plan
B) Sample Design/Build Contract and Glossary of Terms
(INTENTIONALLY NOT INCLUDED)
C) Project Location
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~~~
~
r __ ___ _..- __-
"""""--- ------
--- ---
CllY OF
CHUlA VISTA
REQUEST FOR PROPOSAL
FOR
DESIGNIBUILD SERVICES
FOR
All Seasons Park
Otay Ranch Village 7
RFP Issue Date:
Wednesday, February 28,2007
Proposal Due Date & Time:
Friday, March 23, 2007
4:00 p.m.
City of Chula Vista
General Services Department
Building and Park Construction
1800 Maxwell Road
Chula Vista, CA 91911
13-60
Table of Contents
1.0 INTRODUCTION................................................................................................................1
2.0 IMPORTANT DATES ........................................................................................................1
3.0 PROJECT DESCRIPTION. ...................... ..................... ..... ........ ............. ...... ......... .............1
4.0 GENERAL OBLIGATIONS OF DBT ................................................................................2
5.0 SCOPE OF WORK..............................................................................................................4
5.1.1 Pre Construction Services - Phase I ...............................................................................4
5.2.2 Construction Services - Phase II..................................................................................... 7
5.2.3 Operations/Startup Services - Phase ill..........................................................................9
6.0 INSURANCE REQUIREMENTS .......................................................................................9
7.0 INSPECTION ....................................................................................................................11
8.0 CHANGE IN GMP AND CONTRACT TIME .................................................................11
9.0 PROJECT COMPLETION ................................................................................................11
1 0.0 WARRANTIES AND GUARANTEES ............................................................................12
11.0 MAINTENANCE OF RECORDS AND ACCOUNTING................................................ 13
12.0 OWNERSHIP OF DOCUMENTS ......................................,.............................................13
13.0 RFP REQUIRElvlENTS ............................................................................................... ......13
13.3 General RFP Requirements: .........................................................................................14
13.4 Contents: ...... .......................... ........ .............. .... ...................... ..................... .......... ....... .14
13.5 Experience and Technical Competence: .......................................................................14
13.6 Proposed Method to Accomplish the Work.....,........................................................... 15
13.7 Knowledge and Understanding of Local "Environment": ............................................15
13.8 Project Organization and Key Personnel: .....................................................................15
13.9 Financial Arrangements for DBT Members: ................................................................15
13.10 Exceptions to this RFP:.................................................................................................15
13.11 Addenda to this RFP: ....................................................................................................16
13.12 Minim= Contractor Qualifications:............................................................................16
13.13 Schedule of Rates and Fees.............................................................. ....... .16
13.14 Additional Information.......................................................................... .17
14.0 PUBLIC DISCLOSURE ....................................................................................................17
15.0 PROPOSAL SCHEDULE .................................................................................................18
16.0 PROPOSAL SELECTION PROCESS ..............................................................................18
17.0 PROPOSAL EVALUATION CRITERIA .........................................................................18
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18.0 CONTRACT TERMS AND CONDITIONS .....................................................................19
ATTACHMENT A- Approved Master Plan........................... ................... ........... ....20
ATTACIDvffiNT B - Sample DesignJBuild Contract and Glossary of Terms.... .............. .....21
ATTACIDvffiNT C - City ofChula Vista Disclosure Statement............... ........... ............. 22
13-62
REQUEST FOR PROPOSAL
DESIGN/BUILD SERVICES
1.0 INTRODUCTION
1.1 The City of Chula Vista (City) is circulating this Request for Proposal (RFP)
requesting proposals from DesignJBui1d Teams (DBT) qualified to provide the City
with, design services, engineering services, architectural services, construction
management, and construction services/coordination for the construction of All
Seasons Park located in Otay Ranch Village Seven. The DBT shall consist mainly of
a General Contractor, Landscape Architect and an Architect. All DBT members shall
be licenseclJregistered with the State of California. This RFP describes all the
elements of the project, the required scope of services, the design/bui1d team
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.
1.2 This RFP has been distributed to selected firms on the City's list ofDesignJBuilders
certified on June 17, 2003. Award will be based on the DBT and the best value
proposal, including design fees, general conditions and construction fee. Price will be
a primary factor, but not the sole consideration for award. Contracts will be awarded
in accordance with the Chula Vista Municipal Code and the DesignlBuild Ordinance
as outlined in Section 2.57 of the Chula Vista Municipal Code.
1.3 The City encourages the Design Builder to contact the Landscape Architect that
prepared the Master Plan for All Seasons Park. This is not a requirement that
Landscape Architect be part of the DBT.
2.0 IMPORTANT DATES
2.1 Proposal Due Date: Friday March 23, 2007 by 4:00 p.m.
Location: Public Works Center, 1800 Maxwell Road, Chula Vista, CA 91911-
General Services Department receptionist
3.0 PROJECT DESCRIPTION
3.1 The DBT shall design and construct for the City: a completed and fully functional
park and restroom facilities (referred to hereafter as "Project"). The park shall
include, but not be limited to all components outlined and described in the attached
document titled "All Seasons Park" (Attachment A). The All Seasons Park is
located on Magdalena A venue in east= Chula Vista.
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4.0 GENERAL OBLIGATIONS OF DBT
4.1 The services to be provided by DBT are generally to be performed in three "Phases",
Pre-construction Services, Construction Services, and Operation/Start Up. The
services to be provided in each Phase are specified below in this RFP. The DBT
shall :
A. Perform all services, work and obligations as described herein for a Guaranteed
Maximum Price ("GMP") which will be set at I 00% construction documents
and shall include all Design Services and all Hard Construction Costs necessary
to provide a fully completed and functional Project including, but not limited
to, general conditions, the cost for all labor, equipment, material, and the DBT
Fixed Fee which includes fees and expenses of any type associated with
completing the Project. Any costs incurred by DBT in excess of said GMP
shall be the sole responsibility of the DBT, except for change orders approved
by the City in accordance with the DBT contract to be executed with the DBT.
A sample contract is enclosed as Attachment B.
4.2 DBT shall be obligated as follows:
A. At all times in performing its services under this Agreement to design and
construct the best possible Project consistent with standard of care that satisfies
the time, monetary, quality and design parameters set forth in this RFP and
subsequent D/B Contract.
B. Design and construct the Proj ect on time, consistent with time frames set forth
in the Proj ect Schedule, and in such a manner that the GMP or Contract Time
of the Project shall not be exceeded, but if DBT reasonably believes that any
action, inaction, decision or direction being made by City or agent for the City
will likely result in the GMP or Contract Time being exceeded or the Project
being completed late, DBT will notify City, for approval or denial, 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.
C. Perform, or obtain 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. DBT shall not be permitted to
substitute any Design Consultant unless authorized by City.
D. Perform all construction on the Project utilizing Subcontractors appropriately
licensed by the California Contractors State License Board or other required
agencles.
E. Perform all services as expeditiously as is consistent with reasonable skill and
care and shall complete the services within each and all of the time periods set
forth within the approved project schedule.
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F. Comply with 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, national origin, religion, age, sex or
handicap.
G. Study all applicable laws, codes, ordinances, rules, orders, regulations, and
statutes affecting the Project, including but not limited to, zoning,
enviro=ental, building, fire and safety codes and coverage, density and
density ratios and lien laws, and comply with them in performance of its
services. DBT shall ensure that within the established GMP that the Project
conforms to all applicable federal, state and local laws, statutes, ordinances,
rules, regulations, orders or other legal requirements.
H. Take all reasonable steps during the course of construction to control dust and
noise in accordance with the provisions in the 2000 Edition of the Standard
Specifications for Public Works Construction, City Ordinances and the D/B
contract.
1. Use reasonable care to avoid damaging existing improvements and vegetation
adjacent to the Project Site. If DBT causes damage to any of this property,
DBT shall replace or repair said property at no expense to City and shall not be
a basis for seeking an adjustment to the GMP or Contract Time.
J. To obtain all permits necessary to complete the Project. City shall reimburse
cost of permits. DBT shall be responsible for obtaining and paying for all
minor permits normally obtained by the trades or subcontractors.
K. Conform project design to the requirements of the Americans With Disabilities
Act Accessibility Guidelines ("ADAAG") and the Americans With Disabilities
Act ("ADA").
1. Seek and obtain written approval from the City of the drawings for each of the
following design phases: (1) schematic design (2) design development (3) 50%
construction drawings and (4) I 00% construction drawings. Said approvals
shall be evidenced by written notice to proceed with each subsequent phase.
M. Provide cost estimating and value engineering services, which takes into
consideration long-range maintenance costs, energy efficiency, and impacts on
operation of the Project.
N. Review the enviro=ental documents and all technical reports relating to the
Project Site; and determine and advise City if any additional needed studies are
warranted. DBT shall perform said studies as authorized by City. The costs of
said studies are Reimbursable Costs to be paid by the City without markup.
O. DBT agrees to fully assume all risks, and costs associated with such risks, in
performing the services and meeting the obligations under this RFP and the
D/B contract.
P. DBT warrants that at least one member of the DBT team shall be licensed by
the California Contractor's State License Board as a General Building
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Contractor. DBT is to provide a list of the responsible people within their
organizations performing services, which shall include their qualifications and
their function, for approval by the City prior to start of construction. City and
D BT shall establish "key personnel" who shall remain on the Proj ect until Final
Completion. If any such "key personnel" leave the employment ofDBT, City
shall have the right to approve the replacement personnel. DBT shall comply
with all licensing requirements of the State of California, County of San Diego,
and City of Chula Vista
Q. D BT agrees and acknowledges that the City Representative is the only person
with authority to approve additions or modifications to Proj ecl. Any costs or
delays resulting from or associated with additions or modifications
implemented without the written authorization of City Representative shall be
borne exclusively by DBT and .not be grounds for an increase in GMP or
Contract Time unless necessary to protect public health, safety or property.
5.0 SCOPE OF WORK
5.1 Services required of the DBT include those during design, construction, and
operations/startup of the Project. The GMP will be developed based on all
management, supervision, labor, services, equipment, tools, supplies, and any other
item of every kind and description required for a comprehensive design and
construction program. The scope of work includes, but is not limited to, the following:
1. Develop and Implement Project Management Plan and Procedures
2. Monthly project status reports
3. Coordination/interface with the City and its other
consultants/contractors
4. Progress meetings
5. Interface and connunications with other agencies
6. Vendors and subcontractors management
7. Document control
8. Schedule and budget control
9. Quality assurance and quality control
5.1.1 Pre-Construction Services - Phase I
Utilizing the City required standard specifications, facility program
requirements, approved master plans, Federal, State, and City performance and
design criteria, concept drawings, and reports that will be identified in the
DesignlBuild contract, the DBT will:
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1. Prepare schematic design, design development and construction drawings
and specifications suitable for obtaining City approval and issuance of
permits.
2. Complete the design for all elements of the project, including but not
limited to: architectural, civil, structural, landscape architectural,
mechanical, electrical, and specialty consulting areas.
3. Evaluate alternative structural and construction approaches for all
facilities to ensure economical designs that optimize constructability yet
meet all codes, architectural concepts, conceptual designs, and standard
specifications of the proj ect. Design shall satisfy the Americans with
Disabilities Act (ADA) requirements as required.
4. Incorporate the requirements of permitting agencies in the course of
design. The DBT shall apply for and secure all permits and provide all
necessary reports, studies and support required to obtain the permits. In
addition, the DBT shall research all Air Pollution Control District and
noise abatement requirements, along with any hazardous materials
management requirements of NFPA, Cal-OSHA and the City Fire
Department. The DBT shall develop all appropriate environmental plans,
including but not limited to, an air pollution control plan, a noise
abatement plan and a hazardous materials management plan. The DBT
shall prepare, submit and obtain approval of an application for Storm
Water Pollution Prevention Plan to the appropriate authority. The DBT
shall incorporate appropriate facilities in the design.
S. Conduct site surveys and geotechnical investigations to the extent
necessary for final design. Survey and geotechnical information to be
provided by the City may be preliminary in nature and may not have
sufficient accuracy or scope to support final design.
a) Prepare Construction Cost Estimates and Project Budgets based on
Schematic Design. Prepare revised Cost Estimates during Design
Development and Construction Documents and Bidding phases at
intervals specified in the Design Build Agreement. Develop Proj ect
cost model inclusive of detailed Quantity Surveys and Cost Estimates.
b) Perform three-value engineering reviews to reduce cost and/or add
value, utilizing all team members and City resources. Include
reco=endations to maximize energy efficiency and build a "green"
or low-pollution project. Prepare a Value Engineering Report of all
considerations, reco=endations and decisions. The goal is to
maximize the quality of construction at a cost equal to or below the
Project Budget.
c) 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
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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.
d) Establish a Critical Path Method (CPM) Construction Schedule.
Monitor, update and report to keep the project on schedule.
e) Establish a bidding strategy. Identify, contract, and procure long lead
items. Create early bid packages where applicable.
t) At 100% Construction documents, provide 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 and ret\m1ed
to the owner.
g) During the Bidding of the Project, the DBT shall:
I) Reco=end appropriate subdivisions of work into discrete Bid
Packages.
2) Create detailed Scope of Work Packages for bidding to multiple
sub-contractors that will be contracted directly to the DBT.
3) Create all Bidding Documents. SpecifY unit prices, alternates,
quantities, bonding and insurance requirements.
4) Secure a minimum of three complete and competitive bids for
each package and competitively bid each package.
5) Receive and resolve all Requests for Information (RFI's) and bid
questions.
6) Schedule meetings with the City to open and review bids for each
subdivision of work. Review bids in detail. ClarifY Scopes of
Work, exclusions, etc. Ensure bids match DBT Scope of Work.
7) Make reco=endations for selections and award of bids based on
lowest, responsible and most complete bids. Provide cost
spreadsheets which compares bids to cost estimates. If lowest
responsible bid exceeds cost estimate, prepare reco=endations
to resolve the problems and reduce cost without compromise to
the overall goals of the Project, while remaining within Budget
and on Schedule.
h) Assemble a constructability review team with City participation at the
50 percent design completion stage. Incorporate results of the team's
review into the design.
i) Provide construction cost control estimates during the design to
support VE and constructability reviews. Revise these cost control
estimates once accepted VE reco=endations and other review
co=ents have been incorporated.
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j) Identify all permit requirements and prepare applications and support
documents necessary for obtaining all permits. Permit fees will be
borne by the City.
k) Prepare draft Operations Manual Index to serve as the basis for
preparing the final Operations Manual during the construction phase.
5.2.2 Construction Services - Phase II
A)
The DBT shall construct the facility in accordance with the approved
construction drawings and specifications (and associated permits)
prepared by the DBT to meet or exceed all requirements of the City
provided program offacility requirements. The DBT shall also:
I. Conduct weekly team meetings with the City and appropriate
design team members. during the course of construction to review
the status of the proj ect.
Ensure the workmanship and materials provided are in accordance
with the Project Specifications and the Architects and meet or
exceed quality construction industry standards for this type of work.
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.
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 staff will also perform inspection to verify
compliance with the plans and specifications, permits and contract
documents.
2.
,
~.
4.
5. Ensure construction compliance with applicable local, state, and
federal codes, building and environmental permit requir=ents, and
construction mitigation documents and enforcement of the Contract
Documents.
6. Provide surveying, and other contracted services as required
completing projects construction. Coordinate City contracted
testing and inspection services during the course of construction.
7. Develop, implement and manage a construction phase Quality
Assurance/Quality Control (QAlQC). The Plan shall include but
not be limited to: 1) a statement and definition ofQAlQC goals; 2)
an identification of QAlQC criteria and elements; 3) development
of the project QAlQC implementation plan; 4) development of the
QAlQC materials, components, equipment and system testing
plans; and, 5) enforcement of the plans and specifications.
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8. Submit the proposed QAlQC Plan to the City for review. The Plan
shall not be implemented without written approval of the City.
9. 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.
10. Develop a proj ect-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.
11. Develop a project-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.
12. 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.
13. 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 Project construction Contractor
responsibility for safety and health issues relating to their workers
as 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.
14. Report accidents, claims, and other on-going safety related issues to
the City in a manner consistent with Citywide reporting systems.
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5.2.3 Operations/Startup Services - Phaselli
a. 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 said plan.
b. The DBT shall conduct Operator Training Sessions for personnel.
c. The DBT shall supervise, manage, and coordinate all project startup and
testing activities for all systems within the provisions of the Contract
Documents.
d. The DBT shall report progress of project startup and testing to the City in
a manner consistent with the City's reporting system.
e. The DBT shall coordinate and expedite record drawings and
specifications.
f. The DBT shall prepare final accounting and close out reports.
g. The DBT shall prepare occupancy plan reports.
h. Unless the DBT receives the City's prior approval to substitute equal or
better quality materials, the DBT warrants to City that material and
equipment incorporated in the Proj ect will be new, unless otherwise
specified, and that the Project will be of good quality, free from faults and
defects, and in strict conformance with the Construction Documents and
the D/B contract.
1. Post Construction: DBT to coordinate an II-month walk through of the
Project to review guarantee/warranty items. DBT to 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 DBT's approach for obtaining resolution for the dispute.
6.0 INSURANCE REQUIREMENTS
The Design Builder (DB) shall procure and maintain for the duration of the contract, insurance
against claims for injuries to persons or damages to property, which may arise from or in connection
with the performance of the work hereunder by the DB, his agents, representatives, employees or
sub-consultants. All sub-consultants shall be required to comply with the applicable insurance
provisions. The maintenance of proper coverage is a materials element of the DB contract and that
failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as
a material breach of contract.
6.1 Minimum Insurance Requirements
6.1.1 The firm selected to perform the work described herein will be required to provide
evidence of:
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6.1.1.1 Commercial General Liability insurance, ISO CG 0001 Occurrence form,
with combined single limits of not less than $1,000,000 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 THIRTY (30) days written notice to the City Clerk of the City of
Chula Vista of cancellation or material change.
6.1.1.2 Commercial Automobile Liability Insurance, ISO CA 0001 form, Any Auto
code, with a combined single limit of not less than $1,000,000, covering
bodily injury and property damage for owned, non-owned and hired
automobiles, and name the City, its officers, officials, employees and
volunteers as additional insured's.
6.1.1.3 Workers' Compensation and Employer's Liability insurance, for all
employees who are 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 $1 ,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.
6.1.1.4 Professional Liability insurance shall be required 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.
6.1.1.5 Builder's Risk Property Insurance will be provided by the DB. The DB will
add the City, its officials, officers, employees and volunteers as Loss Payee.
The insurance shall waive any right of recovery under subrogation for those
insured under this policy. 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 is to exclude any
equipment, machinery, tools, or property of similar nature, owned, rented or
used by DB or contractors.
6.1.1.6 Other Provisions. Prior to beginning Work under the Agreement, each and
every contractor of any tier shall furnish Certificates of Insurance satisfactory
to the City. All such certificates will contain at least the following
prOVISIOns :
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6.1.1.6.1 Thirty (30) days written notice to the City prior to any cancellation,
non-renewal or materials reduction in coverage.
6.1.1.6.2 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.
6.1.1.6.3 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.
Any insurance provided for the City, DB or subcontractors for this project shall be written through an
insurer admitted in the State of California with an AM Best rating of not less than A,V. Any
exceptions are at the sole discretion of the City and subject to written approval of the City.
7.0 INSPECTION
7.1 City shall be responsible for material testing and inspections, with reimbursement to
be required by DBT for any re-inspections. The City shall either perform said
inspection services with its own forces or contract with third parties. It shall be the
responsibility ofDBT, however, to call for, coordinate and schedule all inspections.
7.2 City, its consultants, subcontractors, independent testing laboratories as well as other
governmental agencies with jurisdictional interests will have access at reasonable
times for this observation, inspecting and testing. The DBT shall provide them
proper and safe conditions for such access and advise them of DBT's safety
procedures and programs for compliance.
8.0 CHANGE IN GMP AND CONTRACT TIME
8.1 The GMP and Contract Time may only be changed with a written Change Order.
Change Orders shall be issued only under the following circumstances:
A. The City directs DBT to perform Additional Services.
B. For reasons expressly provided in the D/B Contract.
9.0 PROJECT COMPLETION
9.1 Substantial Completion shall be 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 may 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 and have been initially tested,
113 - 73
and are operationally functional, subject only to final testing, balancing and
adjustments and normal Final Completion punchlist Work.
9.2 Final Completion shall be deemed to occur on the last of the following events: (1)
recordation of a Notice of Completion for the Project; (2) acceptance of the Project
by the City; (3) issuance of a final Certificate of Occupancy for the Project; (4)
. submission of all documents required to be supplied by DBT to City as outlined in
the DfB contract, including but not limited to As-Built Drawings, warranties, and
operating manuals; (5) and delivery to City of a Certificate of Completion duly
verified by DBT.
9.3 The DBT shall provide City with a Certificate of Completion, certifying to City under
penalty of peIjury 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, ilse and occupancy, and ordinances relating to
the Proj ect.
9.4 The DBT shall provide five sets of City final record drawing documents at the end of
construction, one set of reproducible and one copy in electronic format ("As-Built
Drawings"). As-Built Drawings are to be accurate and legible records showing all
components of the Project and there exact locations
9.5 The DBT shall provide a copy of, or make available before destruction, all records
(which includes all writings as defmed in Evidence Code Section 250) to the City
upon receipt or generation, which shall include a copy ofDBT's filing protocol.
9.6 A copy of all approved submittals shall be forwarded to the City at the completion of
the project. All information shall be assembled in such a fashion to fit into a standard
file drawer and organized by CSI codes. Ibis copy is in addition to those provided
during the course of construction for connent.
10.0 WARRANTIES AND GUARANTEES
10.1 The DBT warrants and guarantees to City that materials and equipment incorporated
into the Proj ect will be new unless otherwise specified and that all work will be in
strict accordance with the Construction Documents and will not be defective. All
Defective Work, whether or not in place, may be rejected, corrected, or accepted as
directed by City. DBT shall not be entitled to an extension in Contract Time or
increase in GMP because of any delay or increase in cost attributable to the rejection,
correction or acceptance of said work. Defective work may be rej ected even if
approved by prior inspection.
10.2 The warranty period shall connence when the Certificate of Final Completion is
issued (irrespective of beneficial use by City prior to Final Completion) and extend
one (1) year after that date or whatever longer period may be prescribed by laws or
regulations or by the terms of any applicable special guarantee or specific provision
of the Construction Documents. The DfB contract will contain provisions addressing
this issue and steps to correct defective work.
1 :?-74
11.0 MAINTENANCE OF RECORDS AND ACCOUNTING
11.1 The DBT shall maintain, during the Project implementation time and for a period of
three (3) years after completion of the Project, accurate and organized records of all
costs of any type and all services performed for the project. City will have the right
at any time, including during the performance of all Phases of the Project to audit and
copy all such records.
12.0 OWNERSHIP OF DOCUMENTS
12.1 All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced for this project shall be the
sole and exclusive properly of City. No such materials or properties produced in
whole or in part for this project shall be subject to private use, copyrights or patent
rights by DBT in the United States or in any other country without the express written
consent of City. City shall have unrestricted authority to publish, disclose (except as
may be limited by the provisions of the Public Records Act), distribute, and
otherwise use, copyright or patent, in whole or in part, any such reports, studies, data,
statistics, forms or other materials or properties produced for this proj ect.
13.0 RFP REQUIREMENTS
13.1 All DBTs are required to follow the format specified below. The content of the
proposal must be clear, concise, and complete. Each section of the proposal shall be
presented according to the outline shown below to aid in expedient information
retrieval (NOTE: DBTs shall base their proposals on the "Scope of Work").
Eight (8) copies of the proposal shall be delivered no later than 4:00 PM. on Friday,
March 23, 2007 to:
City of Chula Vista
Attn: Matt Little
General Services Department
Bldg. and Park Construction
1800 Maxwell Road
Chula Vista, CA 91911
13.2 Please note that faxed copies will not be accepted. Also note that incomplete
proposals, incorrect information, or late submittals may be cause for immediate
disqualification. The City reserves the right to amend the RFP prior to the date that
proposals are due. Amendments to the RFP shall be mailed to all potential DBTs.
The City reserves the right to extend the date by which the proposals are due.
1 33_ 75
13.3 General RFP Requirements:
A. The City desires to receive proposals from only qualified and experienced
DBTs who demonstrate significant knowledge of design engineering and
construction management, and experience and successful performance on
public sector park and recreation facilities of comparable magnitude involving
a GMP incorporating both design and construction.
B. The proposal should be concise, well organized and demonstrate the DBT's
qualifications and experience applicable to the Project. The proposal shall be
inclusive of resumes, graphics, forms, pictures, photographs, dividers, front and
back cover, cover letter, etc. Type size and margins for text pages should be in
keeping with accepted standard formats for desktop publishing and word
processing and should result in no more than 500 words per page.
C. Proposals must be bound.
13.4 Contents:
A. Proposals submitted in response to this RFP shall be in the following order and
shall include:
1. Executive Summary.
2. Include a one- to two-page overview that highlights DBT approach and
DBT's commitment to meet or exceed the City's objectives and insure a
successful project built on time and on schedule.
3. Identification of each DBT member:
o Legal name and address.
o Legal form of company (partnership, corporation, joint venture,
etc.). If joint venture identifY the members of the joint venture and
provide all information required under this section for each
member.
o If company is wholly owned subsidiary of a "parent company,"
identify the "parent company."
o Addresses of offices located in San Diego County, if any.
o Number of employees in San Diego County.
o City of Chula Vista Business License Number.
o Name, title, address and telephone number of person( s) to be
assigned to project.
o Name, title, address and telephone number of person to contact
concerning the proposal.
13.5 Experience and Technical Competence:
A. Describe DBT's experience in completing similar designJbuild projects. List
three (3) successfully completed proj ecls of similar nature with name of
Owner's Project Manager, phone numbers, project type and total value of
1 !f-7 6
completed construction. Projects currently in process may be submitted for
consideration. Identify any specific proj ects and include in your client
references where this team has worked together.
,
13.6 Proposed Method to Accomplish the Work:
A. Describe DBI's technical and management approach to the design and
construction effort. Discuss lines of communications necessary to maintain
design schedule and construction schedules, and software availability for both
schedule and management reporting.
13.7 Knowledge and Understanding of Local "Environment":
A. Describe experience working in the local "environment" and proposed local
presence for interfacing with the City's project management staff. The
"environment" includes but is not limited to: City and other local agencies
regulations and policies; local environmental documentation requirements;
geotechnical conditions in project area; local building codes; ADA
requirements and other local design criteria.
13.8 Project Organization and Key Personnel:
A. Describe proposed project organization and provide an organizational chart,
including identification and responsibilities of key personnel. Indicate role and
responsibilities of the prime DB and all sub-consultants. Indicate how local
firms are being utilized to ensure a strong understanding of local laws,
ordinances, regulations, policies, requirements, permitting, etc. Indicate extent
of commitment of key personnel for duration ofproject (through building and
park occupation) and furnish resumes of key personnel. Provide indication of
staffing level for the project.
B. DBI's evaluation will consider its entire team, therefore no changes in team
composition will be allowed without prior written approval of the City.
Describe DBI's capacity to perform the work within the time limitations,
considering DBI's current and planned workload and DBI's workforce.
13.9 Financial Arrangements for DBT Members:
If the DBT is a Joint Venture Team, the DBT shall address the proposed
fmancial arrangements between the Joint Venture members as they relate to
liability to the City for work to be performed. DBT shall submit a team
members' list indicating scope of work, and approximate percentage of
contract. Team members must be named on said list if they receive more than
$10,000 or more than one-half of one percent (.5%) whichever is less.
13.10 Exceptions to this RFP:
The DBT shall certify that it takes no exceptions to this RFP. If the DBT does
take exception(s) to any portion of the RFP, the specific portion of the RFP to
which exception is taken shall be identified and explained.
13'-77
13.11 Addenda to this RFP:
DBT shall confirm in its proposal the receipt of all addenda issued to this REP.
DBT is not required to include copies of the actual addenda in its proposal.
13.12 Minimum Contractor Qualifications:
DBT submitting qualifications must include a contractor who possesses the
applicable California Contractor's license. DBT must also submit evidence of
being able to be bonded for such projects.
13.13 Schedule of Rates and Fees:
A. Pre-Construction:
1) Provide cost break down of design cost by discipline. Include design
teams cost to administer the contract during the course of construction.
2) Provide a fixed fee for preconstruction services. Services for this period
shall include but not limited to cost estimating, constructability review,
site surveys, subcontractor bidding, submittal review and procurement of
long lead items. The City views the DBT's input'and leadership during
this period as an important component of the project.
B. Project General Conditions: Provide a detailed spreadsheet that completely
outlines the projects general conditions, including quantities, units, unit costs
and totals. Provide billing rates for all proposed team members. All design cost
shall be included under Pre-Construction cost noted as item A above.
C. Cost of Work Multipliers (FEE): Based on the scope and size of the project,
please propose an overhead and profit percentage rate and any other multipliers
such as liability insurance to be applied to the cost of work. This rate would
apply to each major phase of the project as it is released and subsequently bid
to subcontractors.
D. Preliminary Cost Estimate: Based on the attached master plan please provide a
comprehensive cost estimate that takes into account all design and construction
costs. Clearly note all assumptions that were used to create the estimate and
areas of concern. The proposed project has a preliminary construction budget
of$ 1,500,000.
E. Change Orders: Indicate an overhead and profit percentage rate to be used on
subsequent changes to the major phases of the project. This rate shall apply to
deductive changes.
F. Provide Payment and Performance Bond Rates.
G. Provide description of your company's safety policy and how it would be
implemented on this job.
H. Provide Preliminary Design & Construction Schedule. This schedule should
reflect maj or design and construction activities as well as maintenance periods
1 ~-7 8
for landscaping.
13 .14 Additional Information:
A. This section shall contain all the other pertinent information that is required to
be submitted with the proposal in the following order:
1. Description of insurance coverage for prime respondent and co-venture
partner(s) (types of coverage and policy limits, deductible, exclusions,
and outstanding claims).
2. Description of in-house resources for prime respondent and co-venture
partner(s) (i.e., computer capabilities, software applications, modem
protocol, and modeling programs, etc.).
3. Indicate if contractors self perform any work, if so, what trades. Also
indicate if contractors have any union signatory agreements.
4. DBTs should provide, on a strictly confidential basis, the following
information:
a) Audited fmancial statements for the last three years
b) List of projects completed in the last year
c) List of projects currently under development, OJ; construction with
status, development schedule and financial commitment
d) List of projects currently involved in litigation or unresolved claims
for the contractor.
5. Complete the attached "City of Chula Vista Disclosure Statement"
(Attachment C).
14.0 PUBLIC DISCLOSURE
14.1. All proposals submitted in response to this RFP become the property of the City and
public records, and as such may be subject to public review. Under the California
Public Records Act (California Gove=ent 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
Gove=ent Code Sections 6254 through 6255. The cover letter of the proposal
should contain a paragraph that states whether or not DBT believes that its proposal
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.
14.2 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.
1~-79
15.0 PROPOSAL SCHEDULE
15.1 The solicitation receipt and evaluation of proposals and the selection of the DBT will
conform to the following schedule (Note: Dates are subject to change):
. Distribution/Advertisement ofRFP - Wednesday, February 28 2007
. Submittal of Proposals Deadline - Friday, March 23 2007 by 4:00 pm
. Preliminary DBT Selection - April 2007
. Approval of Design/Build Agreement - August 2007
16.0 PROPOSAL SELECTION PROCESS
16.1 A ward will be based on the best-qualified DBT to build the facility. Relevant team
experience, design coSts, fee and general conditions will be a primary factor, but not
the sole consideration for award. 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.
17.0 PROPOSAL EVALUATION CRITERIA
17.1 Submittals received by City will be evaluated in no certain order, according to the
criteria listed below:
A. Conformance to the specified RFP requirements and format;
B. Organization, presentation, and content of the submittal;
C. Specialized experience and technical competence of the firm(s), (including
principal firms, joint venture-partners, and sub-consultants) considering the
types of service required; the complexity of the project; record of performance;
and the strength of the key personnel who will be dedicated to the proj ect;
D. Proposed methods and overall strategic plan to accomplish the work in a timely
and competent manner;
E. Knowledge and understanding of the local environment and a local presence for
interfacing with the City;
F. Financial resources and stability of the principal consultant and/or DB team;
G. Ability to meet the insurance requirements unless City, at its sole discretion,
decides to modify or waive the insurance requirements or elects to provide
project insurance;
H. Pre-Construction Costs, FEE, Change Order mark up rates.
1~-80
18.0 CONTRACT TERMS AND CONDITIONS
18.1 Issuance of this RFP does not commit City to award a contract, or to pay any costs
incurred in the preparation of a response to this request. City retains the right to
reject any or all submittals. Selection is dependent upon the negotiation of a
mutually acceptable contract with the successful DBT. A sample contract that will be
modified to the specifics of this project is provided for your review as Attachment B.
No modifications to the standard contract language will be granted. Cost to meet the
minimum requirements shall be noted as part of Section 13.13 above or clearly
denoted as an exclusion as part of your proposal response.
18.2 Each submittal shall be valid for not less than one hundred and twenty (120) days
from the date ofreceipt.
18.3 All insurance shall be' provided at the sole cost and expense of the firm selected,
unless the requirement is modified or waived by the City. City reserves the right to
modify the insurance limits or to substitute proj ect insurance during contract
negotiations.
The City looks forward to receiving a proposal from your firm. If you have any questions regarding
this RFP, please contact:
Mr. Matt Little
General Services Department
Building and Park Construction
1800 Maxwell Road
Chula Vista, CA 91911
Phone: (619) 397-6088
Fax: (619) 397-6250
Email: Mlittle@ci.chula-vista.ca.us
Attachments:
Attachment A: Park Master Plan
Attachment B: Sample DesignJBuild Contract
Attachment C: Disclosure Statement
139-81
Attachment A:
Park Master Plan
(See Attached Document)
dl!..S2
13-83
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Attachment B:
Sample Design/Build Contract
NOTE: The attachment is the City of Chula Vista's generic two party design build agreement.
It will be modified slightly to reflect the RFP requirement related to scope and establishment of
GMP. Exceptions are to be clearly noted in the RFP response in writing, referring the page and
paragraph number. The Section regarding Insurance requirements (and indemnification) is the
City's standard insurance and indemnification policy and is not open for negotiation.
1~-99
EXHIBIT 2
Design Build Fee Structure
II
13-100
Section 12. Schedule of Rates and Fees
Design Fee and Engineering - AlE Design Fees (Architectural, Structural,
Electrical & Landscape) fixed at $121,294 including Construction Administration.
Fee for Pre-Construction Services - Sliding Scale
.
Design-Builder's minimum Fee is fixed at $20,000 for projects up to $1,000,000 in
construction cost plus Y. percent for construction cost over $1 ,000,000.
.
General Conditions - at cost
Refer to work sheet at the end of this section for billing rates of typical general condition
items.
Cost of Work Multipliers (FEE) - Sliding scale
Design-Builder's minimum Fee is fixed at $100,000.00 for projects up to $1,000,000 in
construction cost. Over $1,000,000.00, the following sliding fee schedule applies:
1. For projects $1,000,000 or less - Fee fixed at $100,000.
2. Six percent on the next $500,000 of construction cost over $1 ,000,000.
3. Five and a half percent on the next $500,000 of construction cost over
$1,500,000.
4. Five percent on the next $1,000,000 of construction cost over $2,000,000.
General Liability Insurance and Course of Construction Insurance will be provided at
cost.
Change Orders
Fee on change orders will be the same sliding fee scale provided above. As an example,
if the cost of construction is $1,500,000, change orders in excess of this amount (up
to $2,000,000) will be marked up by 5% percent. This will cover home office overhead
and fee. Field overhead (General Conditions) is a function of time paid at cost. If the
change does not affect the duration of the project, there will be no adjustment of the
general conditions due to a change.
Payment and Performance Bond Rates
1. Projects under $500,000 - $12.00 per 1,000.
2. Projects over $500,000 - $6,000 base plus $8,00 per 1,000 over $500,000.
13-101
(5IIJ
ERICKSON-HALL
CONSTRUCTION co.
Section 12 (Continued).
.
..... ."...
,.,....
All Seasons Park. Preliminary Construction Costs
1. Preliminary Construction Budget - including 5 perc'ent contingency $ 1,500,000
2. General Conditions - 7 Months $ 182,000
3. Subtotal- Hard Construction Costs $ 1,682,000
4. Design/Builders Fee - sliding scale
Fee on first $1,000,000 of construction cost $ 100,000
Fee on next $500,000 over $1,000,000 - 6 percent $ 30,000
Fee on next $500,000 over $1,500,000 - 5 1/2 percent $ 10,010
5. Total - Preliminary Cost of Construction Estimate $ 1,822,010
Design and Pre-Construction Fees:
6. Preconstruction Services for Design/Builder - sliding scale
Preconstruction fee on first $1,000,000 of construction cost $ 20,000
Preconstruction fee on construction cost over $1 mil. - 3/4 percent $ 6,165
7. AlE Site Design Fees
Civil Engineering/SWPPP $ 30,500
Topo Verification of Existing Site - Budget $ 6,500
AlE Building/Site Lighting Design Fees $ 17,500
Landscape Design / Construction Documents $ 59,294
Update City Provided Geotechnical Report $ 7,500
8. Off-site engineering I design - not included $0.00
9. Reimbursables - Budget $ 20,000
Total Preliminary Design & Build Cost $ 1,989,469
10. Cost of bond premium - sliding scale
First $500,000 - $12.00 per 1,000 $ 6,000
Premium over $500,000 - $8.00 per 1,000 $ 11,916
11. Insurance $ 7,958
12. Building/Utility/Site Fees (by owner) $0.00
13. Testing and Inspections (by owner) $0.00
14. City staffing / Inspections (by owner) $0.00
Total Preliminary Project Cost $ 2,015,343
Design Fees, Pre-Construction Fees and GC Summary:
General Conditions (line item 2 above) $ 182,000
Design and Pre-Construction Fees (line items 6-9 above) $ 167,459
Total Design Fees, Pre-Const. Fees and Gener1z8eJJlJkions $ 349,459
EXHIBIT 3
Identification of Design Build Team Members
III
13-103
Section 7. Project Organization and Key Personnel
EHCC has a proven ability to provide the right team for the job at hand. "Hire
the Best - Expect the Best". This EHCC core value is the foundation of project
success. The Team selected for the All Seasons Park project brings together the
required strengths and varied experience necessary to compliment the design-
build construction effort of this multifaceted park project.
EHCC the design-build team leader, has worked successfu lIy with the City ofChula
Vista on several complicated projects. EHCC provides General Construction,
Construction Management and Design-Build Services to numerous Public,
Federal and Private Industry Clients. Our company has a proven track record of
team leadership and customer satisfaction.
DPA, Inc. will provide landscape engineering services, further enhancing a
cohesive team that has previous work experience with EHCC and the City of
Chula Vista within recent years. Notable projects include Harborside Park,
Otay Park and Chula Vista Fire Station NO.6. DPA, Inc. has received the
California Beautifcation Award for their outstanding skill and ability with lanscape
engineering, proving them to be a more desirable team member for All Seasons
Park.
Davy Architecture, the architect selected for park structures. Their clients now
include development companies, school districts, business owners, cities and
counties. Their work in Chula Vista includes the Otay Recreation Center, Animal
Care Center, RSIID Technologies Corporate HQ, Chula Vista Commerce Center,
Mountain Hawk Park, Harborside Park and Marina Gateway.
Cherry Engineering will provide civil engineering services. AI Cherry has worked
on numerous projects in Chula Vista. Cherry is a smaller engineering firm and
will provide cost-effective services in response to this RFP.
13-104
.
.
Section 7. Project Organization and Key Personnel
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Prepare SD, DD and CD Documents a a
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Construction Services Phase II
Conduct weekly team meetings wi City . . . .
Ensure specification compliance . . .
Prepare subminallog .
Review subminals . . . . .
Provide City with copy of submittals .
Resident Engineer & Specialty Insp. .
Code compliance . . . .
Survey & contracted services .
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Oversee QA I QC Plan . . . .
Prepare & Update CPM Schedule . .
Monitor CPM Schedule . . .
Set-up cash flow tracking reports . .
Monitor monthly cash flow activities . . .
Develop Change Order Admin Plan . .
Maintain internal records .
Develop on-site safety plan & reporting . .
Implement Project Management Plan . .
Coordinate with City & consultants . . . .
Progress Meetings . . . .
Interface with other agencies . . . .
Vendor and subcontract management . .
Document Control . . .
Schedule and budget control . .
Quality assurance I quality control . . . . . . .
13-106
Michael Hall, Chief Operations Officer
Erickson-Hall Construction Co.
As Chief Operating Officer, Mr. Hall is responsible for construction
operations that include overseeing all project management
and field supervisory personnel. Mr. Hall is also responsible
for maintaining strong customer relationships, quality of
workmanship, on-time completion, safety, and cost control.
Mr. Hall has over 25 years of experience in the construction
industry. From project inception, through design development,
value engineering, bid, award, contract negotiations and project
delivery, Mr. Hall's extensive background enables him to
control the process and deliver products that exceed customer
expectations.
As co-founder of EHCC, Mr. Hall has had the opportunity to
manage numerous projects throughout Southern California,
including schools, fire stations, parks, community centers,
churches, military and other public and private sectors projects.
Modernization and New Addition Project Experience
Highlights:
. Mt. San Miguel Community Park
. Harborside Park
. Mountain Hawk Park
. Bonsall West Elementary School
. Bonsall Elementary School
. Carlsbad High School - Classroom Building Addition
. Carls bad High School - Gymnasium
. Oak Hill Elementary School
. Knox Elementary School
. La Jolla High School
. Twain Jr./Sr. High School
. Carls bad Village Academy
. Grossmont Bond Program - High School District
. Fullerton Bond Program - High Sch90JPfflrict
.
.
.
EdllCUnQlI
as -1981
Civil Engineering
Construction Management Emphasis
Associatiu/ls
Associated Builders & Contractors
SD Board Member & Past President
Society of American
Military Engineers
Associated General Contractors
Association of California
Construction Managers
Coalition for Adequate
School Housing
References
Mr. Rob Todd
Construction Manager
Cartsbad Unified School District
(760) 331-5001
Mr. Jack Carpenter
Mosher Drew VVatson Ferguson
(619) 223.2400
Mr. Phil Hertel
Shadow Mountain Community Church
(619) 590-1770
Ia:I
ERICKSON.HAL.L
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Operations/Startup Services. Phase III
Prepare Startup & Testing Plan . .
Implement Startup & Testing Plan . .
Conduct Operator Training Sessions . .
Supervise startup & testing activities . . .
Monitor startup & testing activities . . . .
Report on startup & testing . .
Expedite record drawings . .
Prepare final accounting & close-out . . .
Prepare occupancy plan . . .
ll-month walk-thru of project . . . . . . .
13-108
Nathan Complin, Project Manager
Erickson-Hall Construction Co.
As Project Manager, Mr. Complin is responsible for
overseeing contract obligations between the Owner and
the subcontractors. Mr. Complin's responsibilities include
managing the support staff and the administration of multiple
projects simultaneously. In addition, Mr. Complin oversees all
contract writing and negotiations, change orders, purchasing,
submittals, clarifications, CPM schedules and jobsite-related
correspondence.
Mr. Complin has a Bachelors of Science Degree in Construction
Engineering Management. Mr. Complin is well versed in a
variety of computer programs that enables him to oversee
projects in a more efficient, organized, and professional
manner.
Project Experience Highlights:
. Mt. San Miguel Community Park
. Harborside Park
. Mountain Hawk Park
. Heritage Park Community Center
. Three Fire Stations in Chula Vista - #2, #4 and #6
. Heritage Park Swim Club
. Bonsall Elementary School
. Anaheim Fire Station #11
. San Diego Fire Stations #12 and #31
. San Diego Temporary Fire Station #45
. Rancho Santa Fire Training Facility
. MCRD Physical Fitness Center
.
MCAS Physical Fitness Center
Carlsbad High School Gymnasium13-1 09
.
.
.
.
EdlU;aJjOIl
as . 2000
Construction Engineering Management
SureTrak Primavera Scheduling
Expedition Software
A.ssociatiollS
Associated Builders & Contractors
Associated General Contractors
Association of California
Construction Managers
Coalition for Adequate
School Housing
References
Jim Gearing
City of Chula Vista
Deputy Fire Chief
(619) 409-5858
Darrold Davis
Principal
CCBG Architects, AlA
(618) 234-2212
Alexandra Corsi
City of San Diego
Engineering 8. Capital Projects
(619) 533-3149
Glenn Torrez
Building & Planning Services, lne.
(760) 731-3133
I5:J
ERICKSON-HALL
~<:l~U.UCTION co.
Michael S. Riley} Senior Estimator
Erickson-Hall Construction Co.
Mr. Riley is experienced in all facets of construction estimating,
including conceptual cost analysis, design/build, negotiated,
firm fixed pricing and hard bid proposals. His responsibilities
consist of quantity survey, constructability review, subcontract
solicitation and compilation of general conditions. Additional
duties include job cost analysis, bid analysis, bid document
compilation and plan distribution. He has assisted in contract
negotiations, composition of technical information and project
start-up after contract award.
Mr. Riley's experience covers a broad range of projects
including new construction, renovation, engineering work,
wastewater facilities, housing, and a variety of commercial,
educational, correctional and military construction projects.
Project Experience Highlights:
. Mt. San Miguel Community Park
. Harborside Park
. Mountain Hawk Park
. Burbank Elementary School
. Florence Griffith-Joyner Elementary School
. Webster Elementary School
. Rancho Santa Fe Fire Station #2
. Clairemont High School/Kroc Middle School
. Relocation of Portable Building - Montgomery MS
. La Jolla High School
. Mission Hills Church
. 4S Ranch Training Facility - Rancho Santa Fe
13-110
.
.
.
EdllcaticJ/f
Mesa Community College
1991-1994
Santa Clara University
1994 ~1997
San Diego State University
1997-1999
ASSQCiutio"s
Associated Builders & Contractors
Associated General Contractors
Association of California
Construction Managers
Coalition fer Adequate
School Housing
References
Mr. Wayne Jones
Assistant Superintendent
Bonsall Union School District
(760) 631-5200
Mr. Tony Finaldi
STKArchitecture
(951) 925-2504
Mr. Rick Racette
Chief Estimator
R.J. Lanthier
(760) 738-9798
~
ERICKSON.HALL
C"'''T.~CTIO" <::<1.
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Jon L. Po-..vell - Principal
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Landscape Architect Jon Powell's thirty years of experience in landscape
architecture and master planning is showcased in numerous projects located
nationwide. A Principal of DP A, Inc., he brings his expertise and leadership in
the development and management oflandscape design projects to a team of
professional designers offering comprehensive landscape and interpretive
planning services. His notable past projects include:
4S Ranch Co=unity Park San Diego, CA
Anchoring the southern end of the three-mile long 4S Ranch Parkway in the
3,000 acre 4S Ranch Mixed Use Co=unity in northern San Diego County,
the 22 acre co=unity park is an athlete s paradise. Catering to both
organized sports and individual activities there s something for every taste.
Five softball fields with four overlapping soccer fields, lighted tennis,
basketball, roller hockey and bocce courts fill the sports program, augmented
by the double court gy:rm1asium and 25 meter pool. Spectators watch from
shaded bleachers and tree lined sidelines. Perimeter lawn play and picnic
areas have been provided for after-game get togethers. Two tot lots are
provided for the younger park visitors.
4S Ranch Park & Open Space System San Diego, CA
Deneen Powell Atelier, Inc. has been involved in the planning and design of
the 3,000 acre 4S Ranch Mixed Use Co=unity in northern San Diego
County for almost 20 years. Beginning in 1987 DP A completed a thorough
inventory and landscape analysis of the existing site, mapping the natural
character of the property. Working as a part of the co=unity master
planning team, they proposed project themes synthesized from the natural
environment and developed an overall landscape master plan. This overall
master plan included four co=unity and neighborhood park master plans;
private park and recreational facilities master planning; trail system master
planning throughout the 1,600 acres of open space; co=unity planning,
including roadway and lot layout assistance; project streetscape and entry
design; open space master planning; and environmental mitigation master
planning. Now nearing build-out completion, DP A has continued the work
with construction documents for all phases of implementation of the project,
four San Diego County parks, several private parks, trailheads and recreation
areas.
Palmdale Water Conservation Garden Park Palmdale, CA
The master plan for this water district sponsored 5.4 acre garden that focuses
on water and western Mojave Desert conservation includes a children s
tutorial garden. The eleven children s loop exhibit areas are designed to give
children an appreciation for both water and resource conservation while being
fun and playful places
Blue Sky Nature Education Center, Poway, CA
Powell and the DP A design team worked closely with Dominy + Associates
Architects to prepare a master plan for the education center including a 6,000
square foot nature center building which is nestled below grade between two
existing knolls.
Iris Sankey Magical Garden Trail, Escondido, California
This landscape and interpretive master plan for a twelve acre native and
naturalized garden showcases plant co=unities found in the Escondido area,
all within the larger Kit Carson Regional Park.
13-111
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Whelan Lake Wildlife Park, Oceanside, California
Master planning for a 25 acre park combining a nature center, hiking,
waterfowl habitat and interpretive stations in and around the holding ponds at
a city sewage treatment plant.
Harborside Park, Chula Vista, California
The five acre Harborside Park fills the local need for green open space and
recreation in an urban area dominated by big-box stores, shopping centers
and apartments. Determined through a series of co=unity meetings, the
plan features a large oval of Elm trees encompassing a picnic shelter and two
play equipment I tot-lot areas. Beyond the Elms is an open lawn I soccer
field, two lighted basketball courts, a beginner s skate park, andjogging path.
An outdoor classroom reading circle has been provided at the park entry
adjacent to the neighboring elementary schoo1.
DP A expanded on the park name by featuring nautical wayfinding graphics in
the pavement and signago. Each pedestrian node has a different constellation
used by the ancient mariners cast into its concrete surface with round stainless
steel stars, sawcut connecting lines and sandblasted lettering. The North Star
and Big Dipper are laser cut into the aluminum banners on the flagpole park
entry sign.
Otay Park, Chula Vista, California
DP A recently completed bid documents for the renovation of this five acre
park in an older area of the city. A passive neighborhood park, the main
features include a multi-sport grass field, two play equipment areas, an
existing restroom building, picnic areas and an integrated bio-storm drainage
system.
Viejas Co=unity Park, Alpine, California
DP A recently completing the master plan for additions and renovations to 20
acre Viejas Tribal Nation s park. As the center of the co=unity, the park
provides for both active sports and passive recreation, while maintaining its
use as a base for responses to east county emergencies and wildfires.
Surrounding an existing co=unity center and gy=asium are two softball
fields, one with overlapping football and soccer, basketball courts, horseshoes,
picnicking, a central plaza and veterans recognition space, restrooms,
concessions and park maintenance facilities.
Powell holds a Bachelor of Science in Landscape Architecture from Purdue
University and licenses in landscape architecture in Ohio, Arizona, Nevada, Utah
and California. He is a Certified Irrigation Auditor, a member of the American
Society of Landscape Architects and the recipient oflocal, regional and national
design awards.
13-112
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Jeri Deneen - Principal
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Jeri Deneen s creative mastery of the visual and graphic arts is evident in her
distinctive, award-winning designs and in the success of Deneen Powell Atelier,
Inc., a full-service design studio. Deneen s reputation for innovative site
sculpture, interpretive site design and signage has resulted in a select client list
comprising both local and national clients. As President of DP A, Inc., Deneen
contributes her talent and experience to a creative consortium of design
professionals. Deneen s credits encompass dozens of design projects, managed
from concept to completion.
U.S. National Arboretum, USDA, ARS Washington D.C. Jeri lead the
process to develop an outline interpretive master plan for their 464 acre
facility. This plan delineates all aspects of interpretation to explain this
research branch of the government, their collections, history, seasonal
features, etc. utilizing artistic signage, site specific tutorial sculpture,
programs, subliminal elements, etc.
The San Diego Zoo Jeri has recently completed interpretive concept
development, design and working drawings for the new Monkey Trails and
Forest Tales project located in the heart of the Zoo sentry. This project
entails all aspects of interpretation with the focus being conservation,
preservation and restoration.
San Diego Regional Xeriscape Garden, EI Cajon, California: The design of
an artistic 4 acre drought tolerant and native plant demonstration garden,
including a sculptural signage master plan and construction docwnents for 38
different interpretive signs, building identification, directional signage,
sculptural exhibit identification icons, and a sculptural weather vane.
The Garden has received the following awards to date:
1999 Orchid Award, San Diego Orchid & Onions
1999 Presidents and Merit Award from San Diego Chapter of the
American Society of Landscape Architects
1999 Award of Merit, Graphic design for sculptural garden Icons,
Creative Show of San Diego
2000 Project of the year, the California Landscape and Irrigation
Council
2000 Garden Watering Can kiosk Best New Exhibitor A ward and
an A ward of Merit at the Del Mar Fair.
2001 Constructor A ward, Associated General Contractors of California
for The Garden s contribution to the east county community
2000 The Garden has also been featured in Pacific Horticulture, The
Gardener s Companion, and Print Magazines.
2001 California Landscape Beautification A ward, the California
Landscape Contractors Association
2001 MWD, Liquid Art Sculpture Competition 3 of our pieces won in
Metropolitan Water District s juried Liquid Art Competition
which includes a nationally traveling gallery photo exhibit.
2002 Landscape Architecture Magazine A 10 page feature article in
the August issue.
2002 KPBS, Huell Howser California s Gold The program featured
art in The Garden as well as The Garden as art.
13-113
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America s Cup Harbor Upgrade for the San Diego Unified Port District, San
Diego, California Development of sculptural Kodak Moment picture spots
where proud anglers can hoist their prized catch and record the image for all
friends and family to envy. A sculptural project entry, wind vanes, fish
pavement imprints, directional and sport fishing interpretive signage program
were also designed as a coordinated package of site specific art.
Harborside Park Chula Vista, CA
The five acre Harborside Park fills the local need for green open space and
recreation in an urban area dominated by big-box stores, shopping centers
and apartments. Jeri expanded on the park name by featuring nautical
wayfinding graphics ill the pavement and signage. Each pedestrian node has a
different constellation used by the ancient mariners cast into its concrete
surface with round stainless steel stars, sawcut connecting lines and
sandblasted lettering. The North Star and Big Dipper are laser cut into the
aluminum banners on thdlagpole park entry sign.
Palmdale Water Conservation Garden Park Palmdale, CA
J eri led the team preparing the master plan for this water district sponsored 5.4
acre garden that focuses on water and western Mojave Desert conservation.
While individual garden pathway loops have exhibits that focus on the roles of
design, planting, irrigation and maintenance in conserving water ill the
landscape, the children s tutorial garden loop includes aspects of all of these
areas. Playful exhibit areas are designed to give children an appreciation for
botll water and local! Mojave resource conservation while beillg a fun and
exciting place. At the end of their tour, children pot-up their own drought
tolerant plant to take home.
Las Vegas Springs Preserve, Desert Livillg Center, Las Vegas, Nevada The
design of a 6 acre water conservation tutorial garden which is intricately
blended with a series of sustainable buildillgs totalillg approximately 45,000
square feet. This garden incorporates over 45 interpretive exhibits into a
continuous garden setting. Arranged by topic, the exhibits feature appropriate
plant materials for a garden located in the Mojave. This garden will be a
unique feature in the interesting world of Las Vegas,
PUBUC ART COMMISSIONS
Water Conservation Garden, El Cajon, CA Weather Vane Sculpture
L.V.S.P., Las Vegas, NY Shade Structure Sculptures
Chollas Creek, San Diego, CA Sculptural Bridge
Fire Station 12, San Diego, CA Sculptural Signage
Fire Station 29, San Ysidro, CA Sculptural Art Wall
L.V.S.P., Las Vegas, NY Cast Iron Grate
Otay Water District, EI Cajon, CA Monument Sculpture
Old Town, San Diego, CA Dueling Cowboy Fountain Sculpture
Egyptian Theater, San Diego, CA 7 1/2 Story Architectural Sculpture
A fine arts major at Indiana University ill Bloomington, Deneen has completed
additional studies at Indiana University, South Bend. She is a Professional Plus
member of The National Association for Interpretation and a gold member of the
American Public Garden Association.
13-114
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Koren E. Emerson
Koren E. Emerson has been responsible for the production of landscape and
interpretive master plans, planting designs, and working drawing packages for
over seventeen years. She brings solid and creative design ability, adept
managerial skills, and an excellent record of coordinating work with other
organizations involved in the project. As a project manager at DP A, she has
worked on many large scale garden planning and design projects such as:
I"~.' U,....'H..H:..1
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Iris Sankey Magical Garden Escondido, CA Preparation of a Master
Plan for a 14 acre botanical garden and trails within and adjacent to a coastal
sage scrub preserve in Kit Carson Regional Park. The garden plan included
establishing seven different local plant community habitats, ranging from an
1800's Citrus Orchard to native Upland Oaks, Sycamore Riparian, Coastal
Sage and Marsh/Pond, along with trails and interpretive signage so that
Escondido residents can visit and understand the habitat types that have
occurred within the current city boundaries. A nature center, outdoor
amphitheater and seven trail head kioska are included in the design.
San Diego Regional Xeriscape Garden, Spring Valley, CA
Koren was the project manager/site designer for this four acre teaching
botanical garden using drought tolerant plant materials from the five
Mediterranean climate zones of the world. Its central theme of showing
homeowners how the use of these plant materials, along with good design,
irrigation and maintenance practices can reduce water use, is accomplished
in a series of38 hands-on exhibit areas located along a series of
decomposed granite trails. Following the preparation of the master plan,
Koren and the DPA team prepared construction documents for the project,
including an educational and directional signage program.
Las Vegas Springs Preserve The Desert Living Center Las Vegas, NY
The preparation of detailed planting, hardscape and interpretive construction
documents and fabrication plans associated with this 6 acre Xeriscape and
Mojave desert demonstration garden.
Palmdale Water Conservation Garden Park - Palmdale, CA
Landscape master planning for a 5.3 acre garden park that showcases
Mojave Desert and other locally adapted plants while emphasizing the need
for water and resource conservation. 74 interpretive exhibit areas focus on
different aspects of drought tolerant plantings, water conservation in the
landscape, and the conservation of local species and habitats.
4S Ranch Development Landscape Master Planning - San Diego, CA
Landscape master planning for a 3,000 acre mixed use development
including streetscape planting theme development for arterial roads,
development of the 4S Ranch Parkway recreational corridor parks and open
space plans.
Koren studied Urban Planning and Landscape Architecture at Arizona State
University in Tempe, AZ. earning her Bachelor of Science in Design. Her
background in Urban Planning and experience in working within the Cities of
Scottsdale, Arizona; Phoenix, Arizona; and Albuquerque, NM., has provided her
with knowledge of public agency operational procedures, and the ability to work
effectively with diverse interests and citizen design groups.
13-115
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Eric Davy
Principal In Charge, Davy Architecture
Approaching his twentieth year as leader of Davy Architecture,
"Ric's' career has spanned a broad range of challenging pUblic
and private design commissions through the years. He built the
firm first by serving the commercial development community with
office, industrial and hospitality projects as well as the U.S. Navy
with training and maintenance facilities. The firm then success-
fully navigated the turbulence of the early 90's building recession
by his efforts to bring our commercial design expertise to educa-
tional design. Expanding on the enormous success ot Mesa
Ridge High School in Colorado Springs: CO, Ric helped pioneer
the design/build movement for K-12 schoois in California. Today
he is spearheading our entry into multi-family residential and
mixed-use' urban infill design to address San Diego County's criti-
callack of affordable market rate housing.
His early career included tenure as a project manager for one of
San Diego's iarger general construction companies. Recalling this
experience Ric developed our firm's v A L U EO D EO S 1 G N Pro-
gram to insure that our clients benefit from the principles of good
value management. Having formerly taught at San Diego's
Newschool of Architecture and Design, he still volunteers his time
as a visiting critic at the school and as architect for the expansion
of the Monarch School for San Diego's homeless youth. He is
also mentoring our firm's two younger partners. Ric's national
registration provides reciprocity in all 50 states. He is currently
licensed to practice in California, Nevada and Colorado.
Prior to his career in architecture, Ric was a decorated Air Force
fighter pilot with 190 combat missions in Vietnam. He studied the-
atre design at Cambridge University and received his Masters of
Architecture from Harvard University's Graduate School of Design
in 1979. He later affiliated with the Naval Reserve as a Civil Engi-
neer Corps officer and was recalled to active duty during Opera-
tion Desert Storm serving as the Force Civil Engineer for Naval
Forces Central Command in Bahrain.
Experience Highlights
o San Pasqual Academy - San Pasqual, CA
o Otay Recreation Center - Chula Vista, CA
o Animal Care Center - Chula Vista, CA
o Lilac Elementary School - Valley Center, CA
13-116
~"'~-"~
Regislrauon
California Architect, 1983
Colorado Architect, 1996
Nevada Architect, 2000
Educauon
Master of Architecture, 1979
Harvard Design School
Exchange Fellow, 1978
Cambridge University,
England
Bachelor of Arts, 1969
Political Science
University of California,
Los Angeles
Honors and Recogniuon
Award for Outstanding
Design and Planning, 1998
Mesa Ridge High School
Widefield School District #3
Colorado Springs, CO
Richard Welsh
Memorial Award, 1999
Otay Recreation Center
City of Chula Vista, CA
Beautification Award, 1999
RSIID Technologies
City of Chula Vista, CA
lS:J
Carl Chrisman
Project Manager, Davy Architecture
Carl has been with the firm as Senior Project Manager for the
past four years working on numerous civic, educational and com-
mercial projects. He is also responsible for the majority of the
firm's technical resources and construction administration. Carl
draws on his knowledge of a number of architecturai software
applications to produce animated 3D models, an invaluable asset
to our clients.
His work experience is uniquely broad and particularly well.suited
to our firm's emphasis on v A LU E DE '5 I G N. Prior to his work
here, Carl spent three years producing architectural drawings for
a large San Diego construction company and another two years
working with a structural engineer. Carl is in the process of com-
pleting his Architectural Registration Exams, another step in his
professional development, as well as being mentored as one of
the firm's junior partners.
Experience Highlights
o Otay Recreation Center -Chula Vista, CA
o Animal Care Center - Chula Vista, CA
o Lilac Elementary School - Valley Center, CA
o Moonlight Amphitheatre - Vista, CA
o Valley Center Multi-Use Facility
- San Pasqual, CA
13-117
r~,:,~:.
Education
Bachelor Degree, 1992
Enviommental Design
San Diego State University
Honors and Recognition
Beautification Award, 1999
RSI ID Technologies
City of Chula Vista, CA
1$1I
Qualifications
ALBERT CHERRY
Civil Engineer, CHERRY ENGINEERING
Mr. Albert Cherry has over 20 years experience in public works engineering.
He has worked with architects, school districts, cities, the federal
government and other agencies in the design of needed infrastructure for
planned facilities. Mr. Cherry's responsibilities have included studies, site
and utility design, specification writing, cost estimating, quality control and
project management.
Mr. Cherry has recently completed two Design-Build projects with Erickson-
Hall both in the City of Chula Vista, Harborside Park and Chula Vista Fire
Station No.6.
Select Experience
Jack in the Box Innovation Center, San Diego Spectrum
Fire Station 29 - City of San Diego
Fire Station 6 - City of Chula Vista
Harborside Park - City of Chula Vista
Torrey Hills School, Del Mar School District
Folex Company Warehouse, Spring Valley
Bluffs Commercial Building, Rancho Bernardo
Historic Railcar Plaza, San Diego Unified Port District
Affiliations
None
Education
Bachelor of Science Degree - Civil Engineering 1980
San Diego State University
Registration
California Registration as Professional Civil Engineer 1984 - #37980
ta=I
ERICKSON.HALL.
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13-118
RESOLUTION NO, 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ESTABLISHING A NEW CAPITAL
IMPROVEMENT PROJECT (CIP) ENTITLED "ALL SEASONS
PARK (PR279)" AND AMENDfNG THE FY07 CAPITAL
IMPROVEMENTPROG~~M
WHEREAS, the City Council previously approved, by Resolution No, 2006-294. the
Master Plan for All Seasons Park, which conceptually designed and provided for the construction
01' a completed and fully functional 7.G-acre park; and
WHEREAS, on .Tune I7. 2003, the City Council approved a Resolution establishing a
Design-Build Priority List excluding fire facilities to be used in awarding Design-Build contract
Cor future City projects; and
WHEREAS, on February 28. 2007 a Request for Proposal (RFP) was issued to all of the
Design-Build firms on the Priority List to prepare proposals for the design and construction of a
completed and fully functional 7.6-acre park, All Seasons Park; and
WHEREAS, in a separate Resolution, staff will ask the City Council to approve a
Design-Build Agreement with Erickson-Hall Construction Co. for the provision of services
required to design and construct All Seasons Park; and
WHEREAS. statT wishes to establish a new Capital Improvement Project entitled "All
Seasons Park (PR279J" for construction of All Seasons Parle
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista
that it establishes a new Capital Improvement Project (CIP) entitled "All Seasons Park (PR279)" and
amends the FY07 Capital Improvement Program.
Presented by
Approved as to form by
Jack Griffin
Director of General Services
~{~t:L ~~
Ann Moore
City Attorney
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RESOLUTION NO. 2007
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VIST A APPROVfNG A DESIGN BUILD
AGREEMENT WITH ERICKSON-HALL CONSTRUCTION
CO. FOR THE DESIGN AND CONSTRUCTION OF ALL
SEASONS PARK, LOCATED fN OTAY RANCH VILLAGE
7 NEIGHBORHOOD OF THE CITY OF CHULA VISTA,
APPROPRIATING FUNDS THEREFOR AND
AUTHORIZfNG MA YOR TO EXECUTE THE
AGREEMENT
WHEREAS, the City Council previously approved, by Resolution No. 2006-294. the
Master Plan for All Seasons Park, which conceptually designed and provided for the construction
01' a completed and fully functional 7,6-acre park; and
WHEREAS, on June 17,2003, the Council approved a resolution establishing a Design-
Build Priority List excluding fire t~lcilities to be used in awarding Design-Build contracts for
future City projects; and
WHEREAS, on February 28. 2007, a Request for Proposal (RFP) was issued to all of the
Design-Build fin11S on the Priority List to prepare proposals for the design and construction of a
completed and fully functional 7.6-acre park, All Seasons Park; and
WHEREAS, two fin11S submitted proposals -- PCL Construction Services, Inc, and
Erickson-Hall Construction Co.; ancl
WHEREAS, based on the proposals, Erickson-Hall Construction Co. was selected as the
Design Builder because of its extensive construction experience with this type of project and its
ahility to best meet the City's development schedule. monetary and time criteria of the project;
and
WHEREAS, the DIB Team of Erickson-Hall Construction Co, and Deneen Powell
AtalieI', Inc, (DPA, Inc,) offers an excellent combination of design and construction expertise for
this type of project; and
WHEREAS, staff will retulll to Council for approval of the Guaranteed Maximum Price
(GMP) once the construction documents reach 900/" completion, and staff will also request that
Council appropriate the necessary funds li'om the Park Acquisition and Land Development Fund;
and
WHEREAS, this appropriation will provide the necessary funds to complete the design
phase for the new All Seasons Park Capital Improvement Project, including the cost of
preliminary geotechnical testing and City staff costs; ancl
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WHEREAS, the design phase costs are broken down as follows:
Description
Design Builder design services, gener::ll conditions & construction management
Amount I
$349.'159
City Oversight:
Design Phase Staff Costs
Geotech/special inspection services
Total Design Phase Project Costs
$75.000
$25,000
$449,459
WHEREAS, the total estimated Project costs are $2,450,000 and are broken down as
f()llows: Master Plan; $50,000 (completed), Design and Constmction; $2,015,343, and specialty
consultants. utilities, furniture fixtures and equipment, contingencies and staff time; $384,657;
and
WHEREAS, all PAD funds have been collected and are sufficient to cover the cost of the
project; and
WHEREAS, the designlbuild process will place sole responsibility for delivery of the
project upon Erickson-Hall Construction Co" a general contractor; and
WHEREAS, staff recommends that the City enter into a Design Build Agreement with
Erickson-Hall Construction Co. for the provision of services required to design and construct All
Seasons Park; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
far compliance with the Califomia Environmental Quality Act (CEQA) and has determined that
the proposed project was adequately covered in the previously adopted Village 7 Sectional
Planning Area Plan and Tentative Maps Final Environmental Impact Report (EIR #04-06) and
that no further environmental review or documentation is necessary.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista
that it approves a Design-Build agreement with Erickson-Hall Construction Co, for the design
and construction of All Seasons Park, located in Otay Ranch Village 7 Neighborhood of the City
ofChula Vista, appropriating funds theretar and authorizing Mayor to execute the agreement.
Presented by
Approved as to form by
'c!i,~ cl /Cc~~
Ann Moore
City Attomey
.lack Griftin
Director of General Services
J:.,\\lOrl1t';/\ELlSN\Rr:SOS\AII Seusotls I'ark AV'-:lrtl Design Build AgleelllenLJoc
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