HomeMy WebLinkAbout2009/10/27 Item 4
CITY COUNCIL
AGENDA STATEMENT
~\ ft- CITY OF
.~ (HUlA VISTA
10/27/09, Item~
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT
WITH TELLIARD CONSTRUCTION FOR THE DESIGN AND
INSTALLATlON OF SHADE STRUCTURES AT ROHR PARK IN
THE CITY OF CHULA VISTA, CALIFORt"J1A (CIP NO PR301)
AND AUTHORIZING THE EXPENTIITURE OF ALL AVAILABLE
CONTINGENCIES AS NECESSARY TO 1 PEND ALL PROJECT
FUNDS IN A TlMEL Y MANNER
REVIEWED BY:
DIRECTOR OF PUBLIC WORKS
ASSISTANT DIRECTOR OF ENG
CITY MANAGER~
ASSISTANT crTY~NAGER
4/STHS VOTE: YES 0 NO ~
SUBMITTED BY:
SUMMARY
The existing gazebos at Rohr Park were installed in 1976. The roof structures associated with
these gazebos are made of wood and fiberglass which continues to deteriorate. These gazebos
are part of the City's shelter reservation system and are utilized often by park users.
ENVIRONMENT AL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the project qualifies
for a Class 2 categorical exemption pursuant to Section 15302 (Replacement or Reconstruction)
of the State CEQA Guidehnes, because the project consists of replacement of existing structures
with same purpose and capacity structures within the same project site. Thus, no further
environmental review is necessary.
RECOMMENDA nON
Council adopt the resolution.
BOA.RDS/COMMISS10N RECOMMENDATION
Not applicable.
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10/27/09, Item~
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DISCUSSION
The Picnic Shelter Reservation program was established in 1986 at Rohr and Eucalyptus Parks to
control the number of group and family picnic users, reduce the conflicts among users, and make
the users responsible for cleanup after their use. The reservation program includes a rental fee
that guarantees a certain picnic area to users who make reservations and it requires them to
cleanup after their event in order to get their cleaning deposit returned. The shelter reservation
system continues to expand and is an important service that provides a safe and orderly park
environment for users.
in the past three years staff has been unable to keep up with the increasing repair demand of the
wood structures installed in 1976 and has been concerned about their continued use. In an effort
to be consistent with the City's newer parks, staff is recommending replacing the aging
structures with the updated metal type structure. Staff applied for a State Parks and Recreation
grant and was allocated $ 140,000.00 for the replacement of four of the seven structures. Three
of the four are to be combined into a single large stmcture. The three remaining structures at the
park will require replacement in the future as grants or funding becomes available.
On July 23, 2009, the Public Works Department advertised the Request for Proposal (RFP) to
qualified firms tor design build services for the design and installation of shade structures at
Rohr Parle On August 13,2009, the Director of Public Works received three proposals from the
following fim1s:
I. Telliard Constmction - San Diego, CA
2. Zesueta Contracting inc. - Spring Valley, CA
3. Valley Crest Landscape Development - San Diego, CA.
Based on the proposals, Telliard Constmction was selected as the most responsive Design
Builder. Telliard Construction has the extensive constmction experience required to meet the
City's development schedule, the project cost estimates and the project's proposed completion
date on January 6,2010.
Telliard Construction submitted a design build proposal for $129,926.00. Staff may return to
Council to approve a Guaranteed Maximum Price at 100% Construction Documents if the design
or scope of the project should change.
Staff also recommends the authorization to expend all available contingencies and stat! time for
the project as necessary to expend all grant funds in a timely manner. That amount totals
$10,074.00. According to City Council Policy No. 574-01, if a change order exceeds the
cumulative contract change order aggregate amount allowable to be approved by the Director of
Public Works, City Council approval is required. However, approval of this resolution will
increase the Director of Public Works authority to approve change orders as necessary up to the
contingency amount of $7,074.00, plus an increase of $3,000.00 and authorize staff to expend all
available contingencies, staff time and increase the value of the contract as necessary due to
unforeseen circumstances.
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10/27/09, ltem~
Page 3 of 3
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property that is the subject of this action.
CURRENT FISCAL IMPACT
There is no impact to the General Fund as the project is funded by State Recreation Grant funds
which is recovered on a reimbursement basis as expenditures occur. The liquidation date for
these funds is June 30, 2011.
FUNDS REQUIRED FOR PROJECT
A. Contract Amount (Telliard ConstmctionJ $129,926.00
B StatlTime 53,000.00
c. Contingencies (5% of contact amount) $7,07400
TOTAL FUNDS REQUIRED FOR PROJECT $140,000.00
ONGOING FISCAL IMPACT
After completion of project, minor routine maintenance will be required.
A TT ACHMENTS
1. DeSign Build Contract
Prepared by Danny Schrek and Gordon Day, Public Works Department
M. IEngineerlAGENDA ICAS20091JO 20-091Rolzr Park Picnic Slzelters PR30l.doc
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RESOLUTION 2009
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A DESIGN BUILD
AGREEMENT WITH TELLIARD CONSTRUCTION FOR THE
DESIGN AND INSTALLATION OF SHADE STRUCTURES AT
ROHR PARK IN THE CITY OF CHULA VISTA, CALIFORNIA
(CIP NO PR301) AND AUTHORIZING Tl-IE EXPENDITURE
OF ALL A V AIL ABLE CONTINGENCIES AS NECESSARY TO
EXPEND ALL PROJECT FUNDS IN A TIMELY MANNER
WHEREAS, the Picnic Shelter Reservation program was established in 1986 at Rohr and
Eucalyptus Parks; and
WHEREAS, the shelter reservation system continues to expand and is an important
service that provides a safe and orderly park environment for users; and
WHEREAS, in an effort to be consistent with the City's newer parks, staff has chosen to
replace the aging structures with the updated metal type structure; and
WHEREAS, stall' applied for a State Parks and Recreation grant and was allocated
$140,000.00 for the replacement of the structures; and
WHEREAS, on August 13, 2009, the Director of Public Works received three proposals
from the following lirms:
I. Telliard Construction - San Diego, CA
2. Zesueta Contracting Inc. - Spring Valley, CA
3. Valley Crest Landscape Development - San Diego, CA.
and
WHEREAS, Telliard Construction submitted a design build proposal for $129,926.00;
WHEREAS, Telliard Construction has the extensive construction experience required to
meet the City's development schedule, the project cost estimates and the project's proposed
completion date of January 6,2010; and
WHEREAS, based on the proposals, Telliard Construction was selected as the most
responsive Design Builder.
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve a design build agreement with Telliard Construction for the design
and installation of shade structures at Rohr Park in the City of Chula Vista, California (erp No.
PR301) and authorize the expenditure of all available contingencies as necessary to expend all
project funds in a timely manner.
Presented by
Richard A. Hopkins
Director of Public Works
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORl"JEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
h~~
Bart C. Miesfeld
City Attorney
Dated:
I 011-- -'2-( 6 9
I I
DESIGN BUILD AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND
TELLIARD CONSTRUCTION
4-6
DESIGN/BUILD AGREEMENT
This Agreement is made and entered into this ,2009, by and between THE
CITY OF CHULA VISTA (herein "City"), a municipal corporation, and (Design Builder)
("Design Builder or D/B"). City and D/B are sometimes hereinafter referred to as Parties
("Parties").
RECITALS
1. City owns gazebos within Rohr Park that were constructed in 1976.
2. The gazebos are part of the City's shelter reservation system and are often
utilized by park visitors.
3. The roof structures associated with these gazebos are made of wood and
fiberglass and such structures have deteriorated.
4. City desires to replace the existing structures as part of an on-going effort to
maintain City facilities and keep them in good repair.
5. As part of that effort, on July 23, 2009, the Department of Public Works,
Engineering Division, issued a Request for Proposal (RFP), pursuant to S 2.57
of the City's Municipal Code, to design and construct replacement structures
("Project") to qualified Design-Build firms off the Priority List.
6. On August 13, 2009, the Director of Public Works received three (3) proposals.
7. Following interviews of all 3 respondents, D/B was selected as the respondent
who best met the design, monetary, and time criteria of the pr9ject with whom
City could negotiate an agreement.
8. As part of D/B's proposal, D/B submitted an estimated cost of the Project in the
amount of one hundred twenty-nine thousand, nine hundred twenty-six dollars
($129,926) ("Estimated Cost"/"EC").
9. Following City's approval of 90% Construction Documents ("CD"), D/B shall
submit a guaranteed maximum price ("GMP"), not to exceed the EC, for which
the Project shall be designed and constructed.
10. D/B shall complete the Project, as a public improvement, according to plans
and specifications approved by City, for an amount not to exceed the GMP.
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NOW THEREFORE, in consideration of the recitals, mutual obligations of the
Parties, the covenants and conditions herein, and for other good and valuable, the
sufficiency of which is hereby acknowledge, the Parties agree as follows:
THE PARTIES AGREE:
Section 1:
General Scope of Work to Be Performed bv D/B
1.1 In accordance with the terms set forth in this Agreement and the RFQ for
Design Build Team Services, DBT shall design and construct for the City: a
completed and fully functional Rohr Park Shade Structures as outlined in the RFP for
Design Build Services for the Rohr Park Shade Structure Project (Exhibit 1),
(referred to hereafter as "Project"). The Project is located at Rohr Park in Chula
Vista.
1.2 The services to be provided by DBT are generally to be performed in three
"Phases"; the services to be provided in each Phase are specified elsewhere in this
Agreement. The services provided by the DBT shall include, but not be limited to,
all services outlined and described in Exhibit 4, titled "Design/Build Services".
1.3 The DBT 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 $
129,926.00 (Exhibit, 3 At 90% complete construction
documents a GMP will be established pursuant to Section 13 ofthis .
agreement, which will include, but not limited to, the cost for all
labor, equipment, and material to design and build a fully functional
Rohr Park Shade Structures in accordance with all applicable rules,
regulations, and laws. The D/B fee shall be included as a part of
hard construction costs and the bond cost shall be no more than 2%
of hard construction costs. 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: January 6,2010.
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
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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 punch list Work.
1.3.3 Achieve "Final Completion" (as defined in S16.2) as established in
the Project Schedule (Exhibit 2).
Section 2: General Obliqations of Citv
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 O/B's services per the Project Schedule attached
as Exhibit 2;
2.1.3 Pay for and cause to be completed all necessary environmental
studies and obtain environmental approvals and/or permits with
reasonable promptness to avoid delay to the orderly progress of
D/B's performance per the Project Schedule attached as Exhibit 2;
2.1.4 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 O/B the accuracy or completeness of any such information.
2.1.5 Cooperate with O/B in identifying, processing and securing required
permits, licenses and inspections in a timely fashion; however, this
duty to cooperate does not relieve O/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.
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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 Citv Review Process. City shall review Design Development Drawings
(ODD's), 50% Construction Drawings (CD's), 70% CD's and 90% CD's which shall
allow construction of Project in conformity with the Approved Master Plan for the
Project. For each D/B submission, City shall have twenty (20) working days to
review, approve, conditionally approve or deny.
Section 3:
General Obliqations 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;
3.1.2 Design and construct the Project on time, consistent with time
frames set forth in the Project Schedule, Exhibit 2, 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 4. 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;
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3.1.4 Perform all construction on the Project utilizing subcontractors
appropriately licensed by the California Contractors State License
Board or other required agency;
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 loca/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 of this 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 Control dust and noise in accordance with the provisions in Section
7.1.18 of the 2000 Edition of the Standard 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
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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 building 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) 70%
CD's and (4) 90% 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, 70% CD's and 90% 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
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.
3.1.16 Seek and obtain written approval from the City of the drawings for
each of the following phases: (1) schematic; (2) design development.
and (3) construction drawings. Said approval shall be evidenced by
written notice to proceed with the subsequent phase.
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3.2 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
3.2.1.1 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 commence
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
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
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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 O/B, City shall
have the right to approve the replacement personnel. D/B 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 4. 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, for good cause, 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
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.
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3.4 D/B shall cooperate with City in obtaining Environmental approvals andlor
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 ofthe
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
5.1 D/B's services in Phase I shall include, but are not limited to the following:
5.1.1 Continue to develop and refine project requirements and review such
requirements with the City.
5.1.2 Prepare complete DDD's such that the DDD include, without
limitation, the following:
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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
grid lines; 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;
5.1.2.7 Outline specifications, written description of Rohr Park
Shade Structures and components including site work.
5.1.2.8 Verify all code compliance including building construction
type, occupancy sprinkler requirements, existing, zoning
and other agency conformance and ADA.
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5.1.2.9 Delivery of 3D rendered images, color and material boards,
reflected ceiling plans, and special system or equipment
plans.
5.2 Prepare and submit to City detailed cost estimates with ODD.
5.3 Submit completed ODD to City. Obtain comments from City and make
revisions to ODD 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 ODD. Any delay
or additional costs resulting from the re-submittal shall be borne exclusively by D/B
. and not be grounds for an increase in the GMP or Contract Time.
Section 6:
Desiqn Phase Services and Obliqations - Construction Documents-
Phase II
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;
6.1.2 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
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.
11
6.1.2.1.4 Interior elevations to establish functional
requirements, equipment, and all systems
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locations.
6.1.2.1.5
Typical building sections showing
structural members, dimensions,
accommodation of functional systems.
primary
and
6.1.2.1.6 Typical wall sections sufficient to indicate
materials, openings, and major features.
6.1.2.2 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;
6.1.2.4 Landscape and Irrigation plan and details;
6.1.2.5 Electrical plans and details;
6.1.2.6 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;
6.1.2.9 All other technical drawings, schedules, diagrams and
specifications, to set forth in detail the requirements for
construction of the Project which, at a minimum, include:
6.1.2.9.1 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.
6.1.2.10 Mechanical design documentation consisting of continued
development and expansion of schematic mechanical
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design consisting of:
6.1.2.10.1 Single line layouts and the approximate sizing of all
equipment and capacities, preliminary equipment
layouts.
6.1.2.10.2 Required space requirements for the equipment,
required chases and clearances, acoustical and
vibrations control, visual impacts and energy
conservation measures.
6.1.2.11 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 TV, lighting controls and
other electrical systems typical to civic facilities, the
approximate sizes and capacities of major
components transformers-panels-switch gears;
6.1.2.11.2 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:
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
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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.
6.1.2.13.6 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.
6.2 D/B shall determine and establish the sequence of construction, and if
appropriate, identify separate bid packages to accomplish phased construction of
the Project.
6.3 D/B shall prepare a detailed Critical Path Method schedule for all construction
components of the Project (" Detailed Construction Schedule") 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 of Rohr Park Shade Structures, 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 governmental 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;
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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 Coordination/interface with the City and its other
consu Itants/contractors
6.6.3 Initial Design kickoff meeting to be held no later than five (5)
working days from the Effective Date of Agreement.
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
6.6.8 Schedule and budget control
6.6.9 Quality assurance and quality control
6.6.10 Throughout the design phase, the Consultant shall provide
scheduling and cost control reports monthly.
6.7 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 of the Chula Vista Construction
Standards, the City's facility program, performance and design criteria, concept
drawings, and reports incorporated herein by reference, DB shall:
6.7.1 Prepare construction drawings and specifications suitable for
obtaining City-approved permits and to allow construction.
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Preparation of technical materials and equipment specifications for
pre-purchase will be the responsibility of the DB.
6.7.2 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.
6.7.3 Complete the design for all elements of the Project, including, but
not limited to: civil, structural, architectural, mechanical, electrical,
landscape, and specialty consulting areas.
6.7.4 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.
6.7.5 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.
6.7.6 Furnish support to a City constructability review team at the 50%,
70% and 90% percent design completion stage. Incorporate the
results of this review into the design.
6.7.7 Provide updated construction cost estimates at durations specified
in this agreement to support Value Engineering (VE) and
constructability reviews.
Section 7: Construction Phase Services - Phase III:
7.1 The D/B 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 DB shall:
7.1.1 Prepare and submit to City for review separate bid packages as D/B
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.
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7.1.3 D/8 shall require additive alternates for extended warranties in bid
packages for roofing and HVAC systems.
7.1.4 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 D/8's own name, with the bidder best
meeting the monetary, time, and performance requirements of the
Project in the professional opinion of the D/8.
7.1.6 Perform construction management and administration services
during the construction of the Project;
7.1.7 8e 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
submittal for compliance with the Construction Documents; keep City
advised of all such matters being reviewed and approved by D/8;
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;
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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
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 thciCChulaVista iViunidpai Code
8.24.070 provides for an exclusive franchise for the removal
and conveyance of all. solid waste for hire (including
recyclables) within City limits. The exclusive franchise
agreement covers any hauling activity that requires the
generator or their agenUo pay'.a fee for any service
connected with removing or conveying waste. The City's
franchise hauleris 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 Detailed Construction Schedule (DCS) on an
approved software within fourteen (14) working days after receiving
Notice to Proceed with Phase IV, provide updated versions of DCS
on a monthly basis, and provide immediate notice of any impact on
critical path items;
7.1.20 Conduct and prepare minutes for weekly Project team meetings with
City and appropriate design and construction members;
18
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
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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 Final Completion;
7.1.23 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.
7.1.25 Conduct contractor meetings, as necessary, to provide technical
input.
7.1.26 Provide interpretation of technical specifications and drawings.
7.1.27 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
construction drawings, from the City and extending through issuance
of Notice of Completion and Acceptance. City staff will perform
inspections to verify compliance with the plans, specifications and
contract documents.
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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
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 irnplement 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.
7.2 . Unless the DIB receives the City's prior approval to substitute equal or better
quality materials, the DIB warrants to City that materials and equipment incorporated
in the Project will be new, unless otherwise specified, and that the Project will be of
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good quality, free from faults and defects, and in strict conformance with the
Construction Documents and in accordance with Section 22.
Section 8: OperationlStartup Phase Services - Phase IV
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.
8.1.15 The DB shall report to the City all guaranteelwarranty 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 DIB to perform Additional Services beyond
those specified in this Agreement. DIB 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, DIB 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, DIB fee which is included
in the hard construction costs, 2% of hard construction cost for bonding and actual
costs for liability insurance for the additional services.
9.3 For additional services, which result in an extension of the Substantial
Completion date, DIB shall be paid a fee equal to the number of working days the
Substantial Completion date is ex1ended multiplied by the daily proration of the
general conditions fee included within the GMP.
9.4 If at any time DIB contends that it is being asked to perform Additional
Services, it shall give City written notice 5 days prior to performing said services
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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.
10.1.1 The performance bond shall be in the amount of 100% of the GMP.
10.1.2 The payment bond shall be in the an amount of 100% of the Hard
Construction Costs.
10.2 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.
11.2 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
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coverage or to provide evidence of renewal may be treated by the City as a material
breach of contract.
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) including
Insurance Services Office Form (G0009 11 88 Owners
and Contractors Protective Liability Coverage Form -
Coverage for Operations of Designated Contractor).
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
$123,370.00 construction in an amount not to exceed
$129,926.00. Contractors and Subcontractors will be
added to policy as Loss Payees as their interest may
appear.
Contractor and its Subcontractors will be solely
responsible for any.loss or damage to their personal
property including contractor's tools and equipment
owned, used, leased, or rented by the Contractor or
Subcontractor.
The $10,000 policy deductible amount will be the
responsibility of Contractor and/or Subcontractor
11.4. Minimum Limits of Insurance
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Contractor or appropriate subconsultant shall maintain limits no less
than:
11.4.1.1
11.4.1
General
Liability:
$2,000,000
(Including
operations,
products and
completed
operations.)
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
project/location or the
general aggregate limit
shall be twice the required
occurrence limit.
11.4.1.2 Automobile $1,000,000 per accident for bodily injury
Liability: and property damage.
11.4.1.3 Workers' $1,000,000 Per accident for bodily
Compensation injury, disease-policy limit
Employer's and
Liability: disease-each employee.
11.4.1.4 Errors and $1,000,000 per occurrence
Omissions: $2,000,000 policy aggregate
(for consultants)
11.4.1.5 Builder's Risk $123,370.0 Hard Construction Cost of
0 Structure
11.5 Deductibles and Self-Insured Retentions
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 DfB 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 volunteers
are to be covered as additional insureds using ISO Form
CG 2010 or its equivalent, 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. The general
liability additional insured coverage must be provided in
the form of an endorsement to the contractor's insurance
using ISO CG 2010 (11/85) or its equivalent. Specifically,
the endorsement must not exclude Products / Completed
Operations coverage.
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.
11.6.1.4 Contractor's insurer will provide a Waiver of Subrogation
in favor of the City for each required policy providing
coverage during the life of this contract
11.7 Verification of Coverage
25
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 provided by the City
or on other than the City's forms, provided those endorsements or
policies 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,
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certified copies of all required insurance policies, including
endorsements effecting 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
Subconsultants shall be protected against risk of loss by maintaining
insurance in the categories and at the limits required herein.
Subcontractors and Subconsultants shall name City and D/B as
additional insureds under its policies.
11.9 Cooperation. The D/B 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 Written Notice. Except as provided for under California law, the
policies cannot be canceled, non-renewed or materially changed
except after thirty (30) Calendar Days prior written notice by D/B to
the City by certified mail, as reflected in an endorsement which shall
be submitted to the City, except for non-payment of premium, in
which case ten (10) Calendar Days notice shall be provided.
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 is to be placed with licensed
insurers admitted to transaction business in the State of California
with a current A.M. Best Rating of not less than A-V If insurance is
placed with a surplus lines insurer, insurer must be listed on the
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State of California List of Eligible Surplus Lines Insurers (LESLI) with
a current A.M. Best's rating of no less than AX. 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 D/B 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 of D/B, 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. D/B shall provide
them proper and safe conditions for such access and advise them of D/B's safety
procedures and programs so that they may comply:
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
D/B'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, D/B 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 D/B from D/B's obligations to perform the Work in accordance with the
Construction Documents. D/B shall give City timely notice of readiness of the Work
for all required on and off-site inspections, tests, or approvals and shall cooperate
with inspection and testing personnel to facilitate required inspections or tests. D/B
shall give at least 24 hours notice 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 D/B Work product which is to be inspected or tested, or which will interfere
with the inspection or testing activities, for a reasonable time and D/B will have no
right to additional cost or time it may incur as a result of the Work stoppage.
Section 13:
D/B GMP for Services and Reimbursements
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13.1 D/B shall submit to City 90% Construction Documents ("CD's") for approval.
Upon the approval of the 90% CD's, D/B shall, within ten (10) working days,. submit
a GMP for approval by City. The GMP shall include all Hard Construction Costs,
D/B Contingency Fund, Reimburseable Costs, and D/B Fixed Fee for the complete
design and construction of the entire Project as specified in the 90% CD's; provided
that:
13.1.1 The GMP shall not exceed $ 129,926.00 and include within said GMP
shall be no more than $1,000.00 for Design Services and General
Conditions as previously identified in Section 1.3.1 of this agreement.
13.1.2 Said GMP shall be supported by a detailed itemized breakdown that
shows: the D/B Fixed Fees and the expected Hard Construction
Costs for each of the major trades 0 the Project which will include
labor, material expenses, equipment costs, and a reasonable D/B
Contingency Fund. Said D/B 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 D/B for the exact
amount of subcontract, self preformed work or invoice amount. No
additional D/B 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 D/B Contingency Fund monies not
utilized shall result in a deductive Change Order.
13.1.4 The GMP shall include a D/B Contingency Fund which can be used
by the D/B with City approval. If the Parties mutually agree that
there is a sufficient surplus, the D/B 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 D/B's and/or
Contractors/subcontractors 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
D/B or its Contractors/subcontractors. All change orders, including
zero dollar change orders, which require the use of the D/B
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.
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13.1.5 D/B 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, D/B shall be compensated ("D/B GMP") by a sum to be determined at
90% construction documents. GMP shall include the not to exceed amount of $
129,926.00 for General Conditions and Design Services. Said $ 1,000.00 for General
Conditions and Design Services shall not be exceeded unless additional services
are requested pursuant to S 7 above or a 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 D/B 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 D/B 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.
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13.2.8 All direct and incidental costs incurred by O/B, except for any and all
costs associated with the performance of additional services
requested pursuant to Section 9.
13.3 O/B shall be reimbursed, without markup and only as specified in this
Agreement for the following "Reimbursable Costs."
13.3.1 Any reimbursable cost expressly provided for elsewhere in this
Agreement.
13.4 O/B 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 O/B 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,
O/B shall give the City notice of the same with 5 days. O/B 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 O/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 O/B Fixed Fee, Reimbursable Costs
or Hard Construction Costs. O/B shall also provide City with a
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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 O/B, 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
D/B to proceed with the subject services and/or work, during which
time the O/B shall contemporaneously maintain accurate and
complete records of all labor, material and equipment utilized in
performing the subject services and/or 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 O/B is entitled to a Change Order or the
amount of the Change Order, the matter shall be resolved in
accordance with Section 33. O/B 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, D/B shall continue diligently
prosecuting all such services and work.
14.2.S 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 1S: PavmentTerms
1S.1 O/B shall submit certificate and application for payment to the City for Phase
I, II, III and IV services as follows:
1S.1.1 Monthly Progress payment based upon work completed as
determined by the City.
1S.2 O/B shall provide all services for the GMP. D/B shall submit certificate and
application for payment to City on or before the Sth day of each calendar month for
Phase III and IV services. The monthly payment application shall be based upon the
percentage of completion of the Schedule of Values plus any Reimbursable Costs,
less any payments previously made by the City and subject to the receipt of
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I
I
I
I
I
!
"
:1
:1
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 D/B's full performance.
15.3 D/B shall develop and maintain an accurate system for tracking all
Reimbursable Costs. Utilizing this system, D/B shall include with each month
payment application an itemization of all such Reimbursable Costs actually incurred
by D/B, during the previous month. If requested by the City, D/B shall provide all
backup documentation supporting such Reimbursable Costs.
15.4 D/B shall develop and maintain an accurate system for tracking all Hard
Construction Costs it incurs on the Project. Utilizing this system, D/B shall include
with each monthly application for payment an itemization of all Hard Construction
Costs actually incurred by D/B during the previous month.
15.5 D/B 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 D/B's full performance.
15.6 Subject to Sections 15.8, City shall pay D/B 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 O/B,
City will deposit retention amounts into escrow and/or the substitution of securities
for money as provided in California Public Contract Code Section 22300.
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
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have been initially tested, and are operationally functional, subject only to final
testing, balancing and adjustments and normal Final Completion punch list 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 DfB to City under this
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 DfB.
16.3 DfB 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 DfB 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 DfB 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 DfB's filing protocol.
Section 17: Contract Time
17.1 The "Contract Time" shall be the number of calendar days stated in Section 1
for DfB to achieve Substantial Completion.
17.2 "Time is of the essence" with regard to Contract Time and all milestones
listed in the Project Schedule (Exhibit 2).
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 DfB 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 DfB, 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
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Contract Time, despite D/B's reasonable and diligent actions to guard against those
effects.
17.5 D/B 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.
No time extension will be allowed for such delays. An increase in Contract Time
does not necessarily mean that D/B is due an increase in the GMP.
Section 18: Late Completion
18.1 City and D/B 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 D/B agree that D/B shall
pay as liquidated damages (but not as a penalty) for each calendar day of delay
beyond the time specified for Substantial Completion of the Project, the following
amounts which D/B expressly agrees are "not unreasonable under the
circumstances" as defined in California Civil Code S 1671 (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: Riqht to Modifv 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, D/B 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. D/B will be required to respond within the time indicated by City.
Section 20: Intentionally 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 D/B
reasonable notice of its intent to do such other work. D/B's work shall take priority
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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,
21,2 lfthe proper execution or results of any part of D/B'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, D/B'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 D/B will not be responsible,
21,3 If D/B or any person or entity working for D/B causes damage to the City's or
City Contractor's work, property, or person, or if any claim arising out of D/B's
performance of the Project by any other contractor is made against D/B, by City, any
other contractor, or any other person, D/B shall promptly repair andlor resolve said
claim at no cost to City,
Section 22:
Warranties and Guarantees
22,1 D/B 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 D/B 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 priorto 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,
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 D/B 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 D/B's bond if D/B 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 D/B'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 D/B 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 D/B 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 D/B, an equitable adjustment shall be made in the GMP orthe
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, D/B 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 General Requirement. Except for liability for Professional Services covered
under Section 25.2, to the fullest extent permitted by law, D/B shall defend,
indemnify, protect and hold harmless the City, its elected and appointed officers,
agents, employees, consultants, and volunteers (collectively "Indemnitees") from
and against any and all claims, demands, causes of action, costs, expenses
(including without limitations, reasonable attorneys'/consultants' fees), liability, loss,
damage or injury, in law or equity, to property or persons, including wrongful death,
occurring in any manner, arising out of, incident to, or in connection with any alleged
acts, omissions, negligence, or willful misconduct of D/B, its officials, officers,
employees, agents, contractors, and suppliers or anyone directly or indirectly
employed by any of them or anyone for whose acts they may be liable (collectively
"Indemnitors"), associated with the performance of the Defined Services or this
Agreement. Also covered is liability arising from, connected with, caused by or
claimed to be caused by the active or passive negligent acts or omissions of the
Indemnitees, which may be in combination with the active or passive negligent acts
or omissions of the Indemnitors or any third party.
25.2 Professional Services. For those professionals who are required to be
licensed by the state (e.g. architects, landscape architects, surveyors and
engineers) ("Design Professionals"), D/B shall defend, indemnify, protect, and hold
the Indemnitees free and harmless from any and all claims, demands, causes of
action, costs, expenses, liability, loss, damage or injury, in law or equity, to property
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or persons, including wrongful death, occurring in any manner arising out of,
pertaining to, or relating to any negligence, errors or omissions, recklessness, or
willful misconduct of Design Professional, its officials, officers, employees, agents,
and contractors arising out of or in connection with the performance of the Design
Professional's Services. Also covered is liability arising from, connected with,
caused by, or claimed to be caused by the active or passive negligent acts or
omissions of the Indemnitees, which may be in combination with the active or
passive negligent acts or omissions of the Design Professional, its employees,
agents officers, or officials, or any third party. This section in no way alters, affects
or modifies the Design Professional's obligation and duties under this Agreement.
25.3 Sole Negligence or Willful Misconduct. The D/B's duty to defend, indemnify,
protect and hold harmless under Sections 25.1 and 25.2 shall not include any
claims, damages, liability, costs and expenses arising from the sole negligence or
sole willful misconduct of the Indemnitees.
25.4 Hazardous Materials. The D/B agrees, notwithstanding the above to the
fullest extent permitted by law, to indemnify, defend, and hold harmless, the
Indemnitees 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.
-25.5 Indemnification for Liens and Stop Notices. The D/B shall keep the Project
and Property free of any mechanic's liens and immediately secure the release of
any stop notices. The D/B shall defend, indemnify, protect, and hold harmless, the
Indemnitees from and against any and all liability, claims, costs, and damages,
including but not limited to, attorney fees, arising from or attributable to a failure to
pay claimants. D/B shall be responsible for payment of all persons entitled to assert
liens and stop notices.
25.6 Costs of Defense and Award. Included inthe obligations in this Section 25 is
the D/B's obligation to defend, at D/B's own cost, expense and risk, any and all
aforesaid suits, actions or other legal proceedings of every kind that may be brought
or instituted against the Indemnitees. D/B shall pay and satisfy any judgment,
award or decree that may be rendered against Indemnitees, for any and all legal
expense and cost incurred by each of them in connection therewith.
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25.7 Insurance Proceeds. D/B's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the Indemnitees.
25.8 Enforcement Costs. D/B agrees to pay any and all costs Indemnitees incur
enforcing the indemnity and defense provisions set forth in this Section 25.
25.9 Survival. Consultant's obligations under this Section 25 shall survive the
termination of this Agreement.
Section 26:
RiGht to Terminate and Suspend Work
26.1 ArchaeoloGical and PaleontoloGical Discoveries. If a discovery is made of an
archaeological or paleontological interest, D/B 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 D/B shall be entitled to an exterision of time and compensation in
accordance with the provisions of this Agreement.
26.2 Termination of AGreement bv City for Cause. If, through any cause, D/B shall
fail to fulfill in a timely and proper manner D/B's obligations under this Agreement, or
if D/B shall violate any of the covenants, agreements or stipulations of this
Agreement, City shall have the right to terminate this Agreement by giving written
notice to D/B of such termination and specifying the effective date thereof at least
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 D/B, 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.
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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 Riqhts 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 D/B 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 D/B'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 bv City. City may terminate this Agreement at
any time and for any reason, by giving specific written notice to D/B 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, D/B 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. D/B 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 Relatinq to Termination. Unless otherwise
provided in the Agreement or by statute, D/B shall maintain all
records and documents relating to the terminated portion of this
Agreement for three (3) years after final settlement. This includes all
books and other evidence bearing on D/B's costs and expenses
under this Agreement. D/B 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 ofthe Notice of Termination, 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
D/B and in which City has or may acquire an interest.
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26.5 Payment to OfB Due to Termination - OfB 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 agreedamount, 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, OfB shall only be entitled to the Fees for Phases I, II, or III, or a portion thereof,
and no amount for Phase IV OfB Fixed Fee, except for Phase IV OfB fixed fee
proportional to the percentage of work satisfactorily completed and authorized
pursuant to Section 6.
26.6 Failure to Aqree on Payment - If OfB and City fail to agree on the whole
amount to be paid because of the termination of Project, City shall pay OfB 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 OfB Fixed Fee (overhead and profit) based on the
percentage of Work completed on the Project; however, if OfB would
have sustained a loss on the entire Agreement had it been
completed, City shall allow no profit under this section and shall
reduce the settlement to reflect the indicated rate of loss;
26.6.4 OfB 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 OfB;
26.6.5 Under no circumstances will OfB be entitled to any consideration for
lost profit or lost opportunity costs.
26.7 If O/B does not agree that the amount determined by the City Manager is fair
and reasonable and if O/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.
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26.8 Payment for Property Destroved. Lost. Stolen or Damaqed - 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 D/B under this Agreement; and
26.9.2 The agreed price for, or the proceeds of sale of, materials, supplies,
or other things acquired by D/B or sold under the provisions of this
clause and not recovered by or credited to City.
26.10 Termination of Aqreement bv D/B
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 D/B,
and notice to resume Work or to terminate the
Agreement has not been received from City within this
time period; or,
26.10.1.1 City should fail to pay D/B any monies due it in
accordance with the terms ofthis Agreement and within
ninety (90) days after presentation to City by D/B of a
request therefore, unless within said 1 O-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
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no liability for D/B'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. D/B 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 D/B 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, D/B 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; D/B, however,
shall possess no authority with respect to any City decision beyond rendition of such
information, advice and recommendations. D/B 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 D/B 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
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 set forth in
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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 D/B 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, D/B, in developing
the GMP and Project Schedule, has incorporated three (3) days for anticipated
adverse weather days that may disrupt work on the Project; D/B 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
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 D/B 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 D/B 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 D/B's services, the D/B 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.
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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 D/B shall submit its written request for a Change Order to City pursuant to
Section 14. City shall make a determination on D/B'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
D/B believes City is liable, and covers all costs and delays to which D/B 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 D/B disagrees with City's determination, D/B 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 if fully set forth herein, and such policies
and procedures used by the City in the implementation of the same.
33.4 Pending final resolution of any claim, including litigation, D/B 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
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1800 Maxwell Road
Chula Vista, CA 91911
Tel: (619) 397-6070
Fax: 619) 397-6250
(ii) To 0/8:
Telliard Construction
740 Amiford Drive
San Diego,Ca 92107
Tel: 619-224-4725
Fax:619-224-0159
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
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 Aqreement: 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 Draftinq Ambiquities: 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
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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 HeadinQs: 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.
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 Administrative Claims Requirements and Procedures: No suit or arbitration
shall be brought arising out of this agreement, against the City unless a claim has
first been presented in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, as same may from time to time be amended, the provisions of
which are incorporated by this reference as if fully set forth herein, and such policies
and procedures used by the City in the implementation of same. Upon request by
City, Consultant shall meet and confer in good faith with City for the purpose of
resolving any dispute over the terms of this Agreement.
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35.13 Exhibits and Glossary of Terms: All Exhibits and Glossary of Terms are
incorporated herein by reference into this Agreement.
35.14 Third Party Beneficiary: Nothing within this Agreement shall 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
CITY OF CHULA VISTA
Cheryl Cox, Mayor
Telliard Construction
By: /J~~
David Telliard Sr.
By:
ATTEST:
Donna Norris, City Clerk
Approved as to form by:
Bart Miesfeld, City Attorney
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GLOSSARY OF TERMS
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GLOSSARY OF TERMS
The following Glossary of Terms is designed to provide in a single location the defined
terms used in the Agreement and Supplementary Conditions. In the event of any conflict
between the following and the definitions set forth in the Agreement, those in the
Agreement and Supplementary Conditions shall take preference.
Additional Services. Services which the City has authorized the D/B to perform
and which are beyond the scope of work as set forth in the Agreement.
Additive Costs. Any cost above that which would normally be found In a
competitive bid situation.
Agreement. The Design/Build Agreement including all attachments between City
and D/B.
Certification of Completion. The document, by which D/B certifies that the Project
has been fully 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.
Certificate of Occupancy. The document issued by City authorizing occupancy of
the entire Project.
Certificate of Substantial Completion. The document issued by City after it
reasonably determines the Project has achieved Substantial Completion as defined in
Section (#) of the Agreement.
Change Order. A written amendment to the Agreement executed by City and D/B
modifying the terms of the Agreement pursuant to the terms of Sections (Section
Numbers).
City. City shall refer to the City Representative, Agent andlor City Inspection
Representative.
City Representative. (City Contact) shall be the initial City Representative. The
City Manager will notify D/B in writing of the name of any successor City Representative
and D/B shall be entitled to rely upon the directions of the current City Representative until
receipt of said written notice. The City Representative shall act on behalf of the City with
respect to this Agreement unless the Agreement provides otherwise. D/B shall not make
any modifications to the Project unless directed by the designated City representative.
Construction Documents. D/B's architectural, structural, mechanical, electrical,
plumbing plans and details as well as the plans showing installation of major systems,
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equipment, fixed furnishings and graphics, the technical specifications and all other
technical drawings, schedules, diagrams and specifications, necessary to set forth in detail
the requirements for construction of the Project.
Contractor. Any person or entity with whom the D/B or City contracts or
subcontracts for construction of the Project.
Contract Amount. The dollar amount authorized by the Chula Vista City Council to
be paid to the D/B as consideration for full performance under the terms of this Agreement
which includes the GMP and Reimbursable Costs.
Contract Time. The time within which D/B has to complete all Work and services
under the Agreement, which commences with the execution of the Agreement and ends
with the Final Completion Date.
Day. Is a working day, unless specified otherwise.
Defective Work. Work on the Project which is not in compliance with the
Construction Documents.
Design Builder. D/B including but not limited to consultants, subconsultants,
contractors, subcontractors, employees, agents or any other person or entity working for or
on behalf on D/B.
Design Subcontractors. The architects, engineers and other design professionals
contracting with the City or D/B to perform design services for the Project.
DIB Fixed Fee. The fixed sum which D/B shall receive as full compensation for
performance of all services and obligations under this Agreement, including all costs of any
type incurred by D/B; but not including (1) Hard Construction Costs, and (2) Reimbursable
Costs, (3) D/B Contingency Fund.
Event of Force Majeure. The type of event defined In Section (#) of this
Agreement.
Final Completion. The date on which the last of the following events occurs: (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 D/B to City under this Agreement, including but not
limited to as-built drawings, warranties, and operating manuals: (5) and delivery to City of a
Certification of Completion duly verified by D/B.
Final Payment. Payment to D/B 35 days after date of Final Completion as set forth
in Section (#).
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Guaranteed Maximum Price (GMP). The guaranteed maximum price ( herein
"GMP") which D/B shall be paid by City for all Hard Construction Costs and D/B Fixed Fee
as set forth in of Exhibit (#) for the complete design and construction of the entire Project
as specified.
Hard Construction Costs. All costs D/B incurred in contracting actual construction
Work on the Project for the performance of the Work on the Project including a
Contingency Fund, as set forth in of Exhibit (#) ; but specifically does not include: (1) costs
associated with the design and construction management services tobe performed by D/B
under this Agreement or (2) costs incurred due to D/B's negligence or failure to perform
according to the terms of this Agreement, including, but not limited to, failure to adequately
supervise the Project, use of materials which do not comply with the Construction
Documents.
Management and Implementation Plan. D/B's detailed description of all
necessary procedures and methods to be utilized by D/B in performing its construction
services under Phase IV of this Agreement.
Master Construction Schedule. D/B prepared and City approved Master
Construction schedule for Phase IV showing all major milestones, bid dates for major bid
packages, commencement of construction, sequence of construction, completion of
structural elements, completion of the exterior of the building, which shall conform with the
dates of Substantial Completion and Final Completion of Project. D/B will update the
schedule as required by the Agreement.
Notice of Completion. City document issued after Chula Vista City Council
formally accepts the Project.
Onsite/Offsite. Refers to Project Site, unless otherwise indicated.
Party. The Parties to this Agreement, The City of Chula Vista ("City"), and Highland
Partnership, Inc., ("D/B").
Phase I. Phase I shall consist of all services and events described or implied in
Section 5 of the Agreement, including but not limited to preparation of schematic design
documents, and cost estimates.
Phase II. Phase II shall consist of all services and events described or implied in
Section 6 of the Agreement, including but not limited to the preparation of Design
Development Documents, outline specifications and cost estimates.
Phase III. Phase III shall consist of all services and events described or implied in
Section 7 of the Agreement, including but not limited to the preparation of 1 00%
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Construction Documents, Master Construction Schedule, preparation of GMP Finalized
Management and Implementation Plan and determination of need for and conducting of
additional subsurface investigation.
Phase IV (if applicable). Phase IV shall consist of all services and events
described or implied in Section 8 of the Agreement, including but not limited to conducting
competitive bidding for the Work, and the construction and completion of the Project.
Project. The design and construction of a completed and fully functional Police
Facility, parking structure, and on and off site improvements as more fully described on the
Police Department Master Plan.
Project Budget. The amount of money authorized by the Chula Vista City Council
to be expended on this Project, including the GMP, Reimbursable Costs and all other City
costs.
Project Site. All areas where Work is to be performed pursuant to this Agreement
as shown in the Construction Documents.
Reimbursable Costs. Includes the premiums for Performance Bond and Payment
Bond furnished by D/B pursuant to Section 8 of the Agreement, the net premiums (less any
premium returns) for the insurance, including costs for insurance brokers, deductibles,
Safety Program and consultants which D/B is required to purchase and maintain pursuant
to Section 9 of the Agreement, the cost of all necessary permits obtained by D/B for the
Project pursuant to Section 3.1.10 of the Agreement, the costs of subsurface investigations
performed pursuant to Section 3.1.14 of the Agreement, costs for extension of warranties
pursuant to Section 20 of the Agreement, and Safety Program pursuant to Section 90fthe
Agreement.
Small Tools. Mobile items less than $1500 in total value.
Substantial Completion. The date on which (1) the progress of construction when
all Work on the Project is sufficiently complete in accordance with the Construction
Documents so that City can occupy and utilize the entire facility for Police activities and (2)
all goods and services 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 to final testing, balancing and adjustments and a Final Completion punch list Work.
Work. All services, labor, materials, supplies, and equipment necessary for D/B,
Contractors and consultants to complete the Project.
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EXHIBIT 1
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efIY OF
CHULA VISTA
REQUEST FOR PROPOSAL (RFP)
TO PROVIDE.
DESIGN BUILD SERVICES FOR
THE DESIGN AND INSTALLATION OF
SHADE STRUCTURES AT ROHRPARK
IN THE CITY OF CHULA VISTA, CA
THIS IS A PREVAILING WAGE PROJECT
REP ISSUED:
July 23, 2009
SUBJlfIIIALSARE DUE BY:
August 13, 2009
2:00P.M.
City of Chula Vista
Engineering Department
276 Fourth Avenue Building 200
Chula Vista, CA 91910
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TABLE OF CONTENTS
I. INTRODUCTION.. ............ ......... .... .......... ....... ...... .......... ..... ........... ............. ........... ........ . !
II SCOPE OF SERVICES ................................................................................................... .2
A. Project Control (All Phases).......................................................................................... 2
B. Design Phase Services ........ ............... ... ........... .......... '" ......... ... ...... ............... ....... ..... .... 2
C. Construction Phase Services ..............................................................................:..........4
D. Operations and Startup Phase Services ......................................................................... 5
III DESIGN BUILDER SELECTION PROCESS.................,..................................6
IV REQUEST FOR PROPOSALS SCHEDULE.................. ...................................7
V PUBLIC DISCLOSURE................ ........ :.................. ........... ....... ...... ...........7
VI SUBMITTAL REqUIREMENTS............................ ............. .............. ...........7
VB CONTRACT TERMS AND CONDITIONS.......................................................9
ATTACHMENT] ':'INFORMATIONAL DRAWINGS................................................! I
ATTACHMENT 2 ~ SAMPLE DESIGN/BUILD CONTRACT AND GLOSSARY
OF TER.l\1S............. ............. ........................ .................... ...12
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The following Request for Proposal (RFP) pertains to the design, construction and
installation of three concrete slabs; shade structures, walkways, picnic tables and associated
park fixtures. Firms with design build experience are being solicited to present proposals for
review. Based upon the submitted information, qualified candidates may be interviewed and
a responsive proposal may be considered for the project as permitted by the City's Design-
Build Ordinance.
L L"ITRODUCTION
The City of Chula Vista is circulating this RFP to firms qualified to provide design build
services to the City with: design services, value engineering, programming, construction
management for the design and installation of three shade structures and associated
equipment at Rohr Park in the City ofChula Vista. The City currently has a proposed budget
of $ 124,000,00 for design and construction phases of the project
All DBT members shall be licensed and registered with the State of California, as required.
This RFP document describes the typical elements of a project, the required scope of
services, the selection process, and the minimum information that must be included in the
proposal submittaL
This RFP is intended to allow for the following scenario:
o DB will combine work efforts with the City's current management tearn that has
previously prepared the planning and/or conceptual documents.
This RFP does not commit the City to award a contract, to pay any costs incurred in the
preparation of submittals to this request, or to procure or contract for services or supplies,
The City reserves the right to accept or reject any or all submittals received as a result of this
request, to negotiate with any qualified source, or to cancel in part or entirely the RFP,
The City reserves the right to reject any or all proposals in the City's sole discretion at any
time prior to an award.
II SCOPE OF SERVICES
The DBT shall design and install the shade structures, walkways and equipment to comply
with all the applicable federal, state and local laws, including the American's with
Disabilities Act-Accessibility Guidelines (ADAI\G) and Title 24 of the California Code of
Regulations.
A, Project Control (All Phases)
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The DBT shall develop and implement the following Project Management Plan and
Procedures:
1. Monthly project status reports (including schedule and budget updates)
2. Coordination/interface with the City and its other consultants/contractors
3. Progress meetings
4. Interface and communicate with other agencies, as directed by the City.
5. Vendors and subcontractors management
6. Document control
7. Schedule and budget control
8. Quality assurance and 'quality control
B. Design Phase Services
Utilizing the City's required standard specifications, facility program requirements, Federal,
State and local laws, and City performance and design criteria, approved planning documents
(if available), and reports that will be identified in the Design/Build contract, for a typical
project, the DBT will:
1. Prepare design development and construction drawings and specifications
suitable for obtaining City approval and issuance of permits to allow for
construction.
2. Complete the design/ layout for all elements of the projects, including but not
limited to: landscape architectural, architectural design, civil engineering,
structural engineering, mechanical design; electrical design and any specialty
consulting area as appropriate to this project.
3. Conduct site surveys and soils investigations to the extent necessary for final
design. Prepare cost estimates throughout all phase of project development.
4. Perform a value-engineering review to reduce costJand or add val ue, utilizing
all team members and City resources. The goal is to m3,'cimize the quality
of construction at a cost equal to or below the Project Budget.
5. Establish a Critical Path Method (CPM) Construction Schedule. Monitor and
update to keep the proj eet on schedule.
6. Establish a bidding strategy. Identity, contract, and procure long lead items.
Create early bid packages where applicable.
7. Provide construction cost c;ontrol estimates during the design to support value
engineering and constructability reviews.
8. Identity all permit requirements and prepare applications and support
documents necessary for obtaining all permits. Permit fees are not a part of
the cost of construction of the project.
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9. The DBT shall be required to provide a cost estimate that will be used to
establish a Guaranteed M",,,imum Price (GMP). Any savings at the end of
the project will be deducted from the GMP and returned to the owner.
10. During the bidding of the Project, the DBT shall:
a. Create appropriate subdivisions of work that reflect the major items
of work.
b. Secure complete and competitive bids for each package.
c. Receive and resolve all RFl's and bid questions.
d. Provide cost spreadsheets which compares actual bids to cost
estimates.
C. Construction Phase Services
The DBT shall construct the facility in accordance with the informational drawings
(Attachment 1), specifications (Pat! 2), and associated permits. The DBT shall also:
1. Conduct weekly team meetings with the City and appropriate design team
members during the course of construction to review the status of the project.
2. Ensure the workmanship and materials provided are in accordance with the
Project Specifications and the Architects meet or exceed quality construction
industry standards for this type of work.
3. Provide list of required shop drawing submittals. Review shop-drawing
submittals for teclmical and code compliance. Provide copy to the City for
review and comment.
4. Provide resident engineering, contract administration, and inspection staff,
including specialists necessary for the functional, safe, on budget and on-
schedule completion of the Project, statting with the issuance ofa 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.
5. Ensure constnlction compliance with applicable local, state, and federal
codes, building and environmental permit requirements, and construction
mitigation documents and enforcement of the Contract Documents.
6. Purchase and install all necessary equipment and witness all factory and field
component, equipment and system testing as required by the project Contract
Documents.
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7. Provide surveying, and other contracted services as required completing
projects construction. Coordinate City contracted testing and inspection
services during the course of construction.
8. Develop, implement and manage a construction phase Quality
Assurance/Quality Control (QAlQC).
9. Be responsible for preparing the Critical Path Method (CPM) schedule
utilized during the project construction and startup activities. .
10. Implement and maintain an internal records management and document
control system as required to support project operations.
II. The DBT shall develop an on-site Project Safety Plan for review and
approval by the City. The DBT shall administer and enforce the City
approved on-site Project Safety Plan for the Project. The DBT shall monitor
and enforce construction responsibility for safety and health issues relating to
all workers at the Project Site. This shall include workers in direct
employment to the Contractor and workers involved in a subcontracting,
equipment supply, or any other project-related oral or written arrangement
with the DBT.
12. Report accidents, claims, and other on-going safety related issues to the City
in a manner consistent with Citywide reporting systems:
D. Operations and Startup Phase Services
I. The DBT shall prepare, submit for City review and written approval a Project
Startup and Testing Plan for the Project. The DBT shall fully implement the
plan.
2. Provide operation and maintenance manuals for equipment purchase and
installed by DBT.
3. The DBT shall coordinate and expedite record drawings and specifications.
4. The DBT shall prepare final accounting and close out reports.
5. Post Construction: DBT shall coordinate an II-month walk through of the
Project to review guarantee/warranty items. DBT shall coordinate all
corrective work with the responsible parties and the City. The DBT shall
report to the City all guarantee/warranty disputes. The DBT shall proceed to
resolve such disputes after having submitted to the City for review and
approval the DBT's approach for obtaining resolution of the dispute.
III DESIGN BUILDER SELECTION PROCESS
Candidates wiiI compete first on the basis of experience, design talent, past performance,
resources, construction and management skills. Selected DB may be requested to coordinate
4
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and negotiate with a City appointed design team that will be involved in the
planning/conceptual design of the project. Contracts will be awarded in accordance with
the Chula Vista Municipal code and the Design/Build ordinance as outlined in Section .257
of the Chula Vista Municipal Code.
IV REQUEST FOR PROPOSALS SCHEDULE
The following schedule applies to the solicitation, receipt and evaluation of the SOQ and the
selection of the DB. This RFP schedule is subject to modification in the City's sol~
discretion:
Advertise and Issue RFP
SOQ Submittals Due
City may Interview Qualified Candidates
City Council Certifies DB
July 23, 2009
August 13, 2009
August 18, 2009
'September 2009
V PUBLIC DISCLOSURE
Under the California Public Records Act Under the California Public Records Act
(California Government Code Section 6250 et seq.) records in the custody of a public entity
generally have to be disclosed unless the information being sought falls into one or more of
the exemptions to disclosure set out in Government Code Sections 6254 through 6255. The
cover letter of the submittal should contain a paragraph that states whether or not DBT
believes that its submittal does or does not contain information that falls into one of the
exemptions of Government Code Sections 6254 through 6255 and whether or not DBT
considers such information to be confidential.
In the absence of a declaration, City may be obligated to disclose proposal to any party that
requests it. Regardless of assertions of confidentiality, proposal contents may still be
disclosed if City, or a court with jurisdiction, determines that such proposal is a public record
requiring disclosure.
VI SUBMITTAL REQUIREMENTS
The submittal deadline is August 13,2009 no later than 2:00 P.M. (PST) at the City of
Chula Vista, Public Works and Engineering Department 276 Fourth Avenue Building 200
Chula Vista, CA 91910
1. Three (3) single-spaced copies, no more than 20 pages plus attachments in
length excluding exhibits and appendices, are required for submittal.
Submittals should be as brief as possible, while adequately describing how
the DBT will approach the design build work program. Proposal creativity is
5
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encouraged, but extravagance in proposal style and fOffilat is discourage.
Statement of Qualifications (SOQ) shall include:
A letter of interest
Summary of Qualifications
Design Build fee structure
Resume (of key DB members)
Client References
Schedule of Rates
2. The submittal should focus on previous experience on public projects.
3. The submittal shall also provide the name, title, address, and telephone
number ofindividual(s) with authority to negotiate for the candidate and also
who may be contacted during the period of submittal evaluation.
4. Statement of the OBrs ability, if selected, to enter into a City contract with
the City ofChula Vista, and ability to avoid conflicts of interest on this or any
other public or private projects.
5. Other Information
a. Description of insurance coverage for prime respondent and co-
venture partner(s) (types of coverage and policy limits, deductible,
exclusions, and outstanding claims).
b. Description of in-house resources for prime respondent and co-
venture partner(s) (i.e., computer capabilities, software applications,
model protocol, and modeling programs, etc.)
c. Respondents should provide, on a strictly confident basis, the
following infonnation:
I) Copy of tinan cia I statements submitted to the IRS for the last
three years
2) List of projects completed in the last year
3) List of projects currently under development, or construction
with status, development schedule and financial commitment
4) List of projects currently involved in litigation or unresolved
claims for the contract
I
7. Incomplete submittals, incorrect information, odate submittals may be cause
for immediate disqualifications. :
6
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VII CONTRACT TERMS At'lD CONDITIONS
City retains the right to reject any or all submittals. All respondents should note that the
execution of any contract pursuant to this RFP is dependent upon the approval of the Chula
Vista City Council in its sole discretion.
Selection is also dependent upon the negotiation of a mutually acceptable contract with the
. successful respondent. The contract shall be prepared on a form acceptable to the City. The
form of compensation shall be negotiated. The City reserves the right to propose a variety of
compensation structures, including: I) time and materials not to exceed, 2) guaranteed lump
sum, and 3) percentage of project costs.
City reserves the right on a project specific basis to request insurance including but not
limited to increased limits of Liability coverage, CA admitted carriers A.M. Best rated no
less than A V, Additional Insured Endorsement which does not exclude Completed
Operations, Excess Liability, Pollution Liability, E&O I Professional Liability Extended
Reporting Period excess of 2 years, Completed Operations Coverage of up to ten years,
Contractor Controlled or "Wrap Up" Insurance Program, Bonds.
Each submittal shall be valid for not less than one hundred and twenty (120) days from the
date of receipt. The firm(s) selected to perform the work described in this RFP will be
required to provide minimum evidence of insurance as follows:
1. Commercial General Liability insurance, [SO CG 000 I Clccurrence form,
with 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 ofChula 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,
2. Commercial Automobile Liability Insurance, ISO CA 0001 form, Any Auto
code, with a combined single limit of not less than $1,OOO,OOO,_covering
bodily inj ury and property damage for owned, non-owned and hired
automobiles, and name the City, its officers, officials, employees and
volunteers as additional insured's.
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.
7
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A Waiver of Subrogation shall be endorsed to the policy naming the City of
Chula Vista.
4. Professional Liability insurance shall be required of said flrm for professional
liability or errors and omissions insurance with a per claim limit of not less
than $1,000,000 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.
5. Builder's Risk Property Insurance may 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. 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:
a. Thirty (30) days written notice to the City prior to any cancellation,
non-renewal or materials reduction in coverage.
b. The words "will endeavor" and "but failure to mail such notice shall
impose no such obligation or liability of any kind upon the company,
its agents or representatives" will be deleted from the certificate.
c. Throughout the life of the Agreement, each and every contractor of
any tier shall pay for and maintain in full force and effect, with an
insurer authorized by the California Insurance Commissioner to do
business in the State of California, the policies evidenced herein.
The City reserves 'the right to modify the insurance requirements or to substitute project
insurance during contract negotiations.
Bonds may be required for individual projects as required by City Policy.
8
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VIII PREV AlLING WAGE
Contracts to be awarded from this RFP process are subject to the payment of prevailing
wages to anyone performing work in a covered work classification.
Federal Prevailing Wage Rate Determinations are subject to any "Modifications" to those
wage determinations issued by the U.S. Department of Labor ten (10) working days before
the Proposal due date.
End 0./ Request.for Proposals
9
4-72
PART 2
SPECIAL PROVISIONS - TECIL'I'ICAL
2-1 WORK TO BE DONE
The general scope oflhe project is the installation of three (3) new shade structures, three (3)
concrete pads, an ADA compliant walkway, eight (8) pre-cast concrete table sets, eight (8) trash
receptacles, two (2) square hot coal receptacles, two (2) standard and one (I) heavy duty park grill.
Remove and dispose of old shade structures, concrete pads and grills as directed by City staff.
The work to be done includes all labor, material, equipment, transportation, interaction with sta!fand
scheduling necessaty for the project as described in these documents.
The completed projects will be turn-key and work in general includes, but is not limited to the
following: an all new installation as outlined in, but not limited to the specifications listed below, the
existing structures and pad removal which will include protection of all existing related irrigation
components, disposal as directed by staff of removed equipment, installation of the new equipment
and construction of all appurtenances and other work as may be necessary to render the above
improvements operational when the project is considered complete.
The items are to be constructed or finished and installed in a complete and workmanlike manner, in
accordance with the plans, "Greenbook 2006" Standards and Specifications. Bidders must have a
valid certification from the California State Contractors License Board as an (A) Engineering or a
General Contractor (B). No other single license classification will be accepted.
Such other items or details not mentioned above, that are required by the Manufacturers
Recommendations, Specifications, or these Special Provisions, shall be performed, placed,
constructed or installed as required for completelv installed components.
o Provide all necessary information, design, stamped drawings and engineering
backup for a proper installation of one (1) Polygon SQ40 wi Multi-Rib Metal
Roof and Powder Coat Frame and two (2) Polygon SQ24 wi Multi-Rib Metal
Roofand Powder Coat Frame, or equal.
(Americana Building Products Navajo Tubular, or leon Shelter Systems).
o Remove old slab structures and install approx 2796 Sq. Ft of new concrete slab
with a broom finish and hold-down bolts as required by the shelter
manufacturer and engineer.
o Install approx 240' x 5' x 4" thick walkways to the shelters, includes removal
of old concrete and repair of the irrigation system if damaged by the walkway
installation. Walkway location, length, and tie into existing ADA compli3l1t
walkway TBD before installation. An ADA ramp to the existing parking lot
may be required.
o Provide and Install two ( 2) Standard Park Grills ( Miracle # 1104) and one (I)
10
4-73
Heavy Duty Park Grill (Miracle 1104-8) or equal.
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o Provide and Install five (5) US Concrete 1- pc picnic table sets, 8' top (TS8-
IPC) and three (3) handicap table sets (TS8-IPC-HC) or equal.
o Provide and install two (2) hot coal units (HCR42S) wi Chula Vista logo in
blue or equal.
o Provide and install eight (8) trash receptacles and kits (TR2 7RM-CV-D/K )wl
Chula Vista logo in blue) or equal.
o All landscaping and turf in the work areas is to be returned to its original
condition as it was found prior to construction.
11
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ATTACHMENT 1
INFORL"lA TIONAL DRA Wlt'lGS
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Print ivIap Page
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ATTACHMENT 2
SAMPLE DESIGN/BUILD CONTRACT At"D GLOSSARY OF TERMS
NOTE: The attachment is the City ofChula 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
Citls standard insurance and indemnification policy and is not open for negotiation.
13
4-85
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EXHIBIT 2
C:\Documents and Settings\gordond\Local Settings\Temporary Internet Files\OLK5\Telliard dba gardon dmedits.doc I I
4-88
EXHIBIT 3
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4-89
SCHEDULE OF RATES
Telliard Construction
740 Amiford Dr. San Diego, CA 92107
REVISED 9-1-09
Aaencv: City of Chula Vista
Project: Design Build Shade Structure at Rohr Park
Item # Description TOTAL Notes
1 DIRECT COSTS
2 Demolition and Gradino $4,614.00
3 Large Shade Structure - Poligon $53,040.00
4 Two Small Shade Structures - Po ligon $31,440.00
5 4 inch Concrete Slab on compacted native soil $11,520.00
6 4 inch Concrete Walkways on compacted native soil $7,792.00
7 2 Standard Grills - Miracle $996.00
8 1 Heavy Duty Grill - Miracle $888.00
9 5 Picnic Tables without antigrafiti coating - U.S. Concrete. $7,200.00
10 3 Handicap Accessible Tables no antigrafiti - U,S. Concrete $4,080.00
11 Hot Coal Units - U.S. Concrete Products $1,80000
12 8 Trash Receptacles - U.S. Concrete Products $0.00
13 Total Direct Cost $123,370,00
14
15
16
17 INDIRECT COSTS
18 Insurance $2,956.00 see previous sheet
19 Performance and Pavment Bonds $2,60000 see previous sheet
20 Design $1,000.00 see previous sheet
21 Total Indirect Cost $6,556.00
Total Bid $129,926.00
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C:\Documents and Settings\gordond\Local Settings\Temporary Internet Files\OLK5\Telliard dba garden dmedits.doc IV
4-91
740 Amifurd Dr.
San Diego, CA 92107
Phone: 619-224-4725
Fax: 619-224.Q159
Telliard Construction
August 11, 2009
City ofChula Vista
Engineering Department
276 Fourth Avenue Building 200
Chula Vista, CA 91910
LETTER OF INTEREST
Ladies and Gentlemen,
This letter is in response to the Request for Proposal, Design Build Services of
Shade Structures at Rohr Park. We would like to be considered as design build
contractors for this project. Please review the following proposal detailing our
Qualifications, Desi~ fees, Resume of Key Players, Client references, and Schedule
offees:
The shade structure project suits 'Our company very well. We have previously
completed site improvements and installiLtion of six shade structures for the City of
Sari Diego. These projects were very similar in nature and can show that we will
provide a quality end product. Our forces performed all of the tasks necessary for
these structures to be built with minimal damage to the existing park. Following the
turf establishment period these areas fit into the parks like they were always there.
Telliard Construction would like to thank the City ofChula Vista for inviting us
to this bid. We would very much like to work with your staff on this project. The
shade structures will be a great public improvement, and will benefit the people of
your community.
Sincerely,
J/R-/~
David Telliard Jr.
Project Manager
4-92
TELLIARD CONSTRUCTION
740 Amifurd Drive
San Diego, Co. 92107
(619) 224-4725 Fax (619) 224-0159
sUNIMARY OF QUALIFICATIONS
RESUMES OF KEY MEMBERS
'.:
4-93
TELLIARD CONSTRUCTION
740 Amiford Drive
San Diego, Ca. 92107
(619) 224-4725 Fax (619) 224-0159
CITY OF CHULA VISTA
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
SUBJECT: RFQ DESIGN BUlLD SERVICES FOR THE DESIGN AND CONSTRUCTION
FOR THE CITY OF CHULA VISTA
TO WHOM IT MAY CONCERN,
TELLlARD CONSTRUCTION IS A F AM1L Y OWNED BUSINESS AND HAS BEEN DOING
PUBLIC WORKS PROJECTS SINCE 1988.
OUR LICENSE CLASSlFlCA TIONS ARE 'A' 'B' 'CIO' C27' HAZARDOUS AND ABESTOS
CERTIF1CATIONS.
WE ARE KNOWN FOR GETTING PROJECTS DONE EFFICIENTLY AND COMPLETED
ON SCHEDULE.
WE WOULD LIKE TO THE OPPORTUNITY TO BE PUT ON YOUR LIST OF
CONTRACTORS TO BID PROJECTS FOR THE CITY OF CHULA VISTA.
,
SINC~LY, t
~"<-A.,){a0:4cP
/bA VID TELLlARD SR.
"
4-94
TELLIARD CONSTRUCTION
740 Amifcrd Drive
San Diego, Ca. 92107
(619) 224-4725 Fax (619) 224-0159
ORGAJ'ITZATIONAL CHART FOR PROJECT TEAM
DAVID TELLIARD SR.:
BIDDING PROCESS
SCHEDULING OF SUB CONfRACTORS
LINING UP EQUIPlYIENT AND SUPPLIES
DAVID TELLIARD II
ON SITE SUPERINTENDENT
CHRIS 1ELLIARD
ON SITE FOREMAN
4-95
TELLIARD CONSTRUCTION
740 Amiford Drive
San Diego, Ca. 92107
(619) 224-4725 Fax (619) 224-0]59
CONSTRUCTION EXPERENCE OF THE STAFF OF TELLL"-RD CONSTRUCTION:
DAVID TELLIARD Sit.
IS THE OWNER OF THE COMPANY AND HAS HAD HIS CONTRACTORS
LICENSE SINCE 1974. CLASSIFICA nONS A, B, CIO, C27, HAZARDOUS
AND ASBESTOS CERTIFICATES.
DA VlD TELLIARD II
CHRIS TELLIARD
IS THE ONSlTE SUPERINTENDENT. HE HAS A DEGREE IN BACHELOR
OF SCIENCE, CONSTRUCTION MANAGEMENT. CALIFORNlA STATE
UNIVERSITY, CHICO
FOREMAN HAS BEEN IN THE TRADE FOR FOURTEEN YEARS. HOLDS
A CONTRACTORS LICENSE. A CLASSIFICATION
SUSAN TELLlA..'ill
OFFICE MANAGER FOR FOURTEEN YEARS AND HAS HER OWN B
GENERAL CONTRACTORS LICENSE SINCE 1995
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Check a License or Home Improvement Salesperson (HIS) Registration - Contractors StaL.. Page 1 of 1
Department of Consumer Affairs 9;2~.s
Contractors State Liceft~e'Board
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contractor's License Detail - Ucense # 292472
&. DISCLAIMER: A license status chef:k provides information taken from the CSlB license database. Sclara
relying on this info.rnultion, you stJoukf 00 awara af the following li1llitatiollS.
_;~ CSLB complaint disclosure is reslrided by law (B.~P...I.12.~)i). If this entity ts .su~ct to publicwmpl'aint dlsdosure, a tlnk
i:lr complaint disclcsurn wilt appear below. Clidt on th~ link or butlcn 't] obtain complair.t andlnr legal action Infcnnation...
~'} Per ~&:E2.9Il-l? amy consti1..ldicn refa.led ciwjudgments reported to tl1eCSLB are disclosed.
_::;;. !lJ"bitrations are not listed unless 'lhe contrador fails tD cornpry' wilh the terms of the arbib'atian.
-7) Due to worKload. there may be refevant information that has not yet been entered Of'llo the Board's dcense database.
Business Information:
292472 Extract Date: 0210512009
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TELLlAAD CONSTRUCTION
740 AMIFORD DR
SAN DIEGO. CA 92107
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Ucense. Numb9r.
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Issue Date:
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Ucanse Status:
Ctassificatlons:
CLASS
A
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DESCRlPTlON
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Certifications:
CERT DESCRIPTION
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Woncers" Compensation:
CONTRACTOR'S BeND
This license filed Contr'acto(sBnnd number421811Cin the amount of$12,SOO with the
boming company
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Effedlve Data: 01/01J2007
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~ Ucense has workers compensatIon insurance with the
SI~TE.~9Me..EN.~]IO~.!~~!Jf3~.EBJ.C':!D
Poflcy Number: 044-0019610
Effeettve'Date: 10/01i2000
Explra Date: 1010112009
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Copyright C 200g Slate of California
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21512009
TELLIARD CONSTRUCTION
740 Amiford Dr.
San Diego CA 92107
Phone: 619-224-4725
Fax: 619-224-0159
City ofChula Vista
Engineering Department
276 Fourth Avenue Building 200
Chula Vista, CA 91910
DESIGN BUILD SERVICES FOR SHADE STRUCTURES
ATROHRPARK
Previous Experience on Project Similar to RFP
Telliard Construction bas worked on many' projects similar to the one stated in the
Request for Proposal and are listed as follows;
South crest Park - Play Equipment and Site Furnishings
Mission Bay Parks - 5 Shade Structures and Site Furnishings
Lindberg Park - Play Equipment and Site Furnishings
Claremont Community Park - Shade Structure and Site Furnishings
McCoulick Park - Play Structure and Site Furnishings.
Please look at the following pictures of these projects for a better idea of the size and
scale.
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EXHIBIT 5
C:\Documents and Settings\gordond\Local Settings\Temporary Internet Files\OLK5\Telliard dba gardon dmedits.doc V
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EXHIBIT 6
C:\Documents and Settings\gordond\Local Settings\Temporary Internet Files\OLK5\Telliard dba gardon dmedits.doc VI
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TELUARD CONSTRUCTION
740 Amiford Dr.
San Diego CA 92107
Phone: 619-224-4725
Fax: 619-224-0159
City ofChula Vista
Engineering Department
276 Fourth Avenue Building 200
Chula Vista, CA 91910
DESIGN BUILD SERVICES FOR SHADE STRUCTURES
AT ROHR PARK
Gordon,
The following are the sections of the contract that we have questions about. Some are
statements that do not pertain to this specific project. Please review'the following and Ict
us know what we need to do to move forward.
Section 3.1.14 - We do not have geotechnical report and we do not believe that one
would be necessary for these structures.
Section 3.1.15 - We did not include Errors and Omissions in our proposaL Please see
note on our Design Build Fee Structure.
Section 3.3.2 - We intend to provide a Project Manager however we did not provide
for a Landscape Architect or Architect in our proposaL All design in our proposal is in
house and Structures are to be designed by manufacturer,
Section 3.6 - Is Photographic Documentation necessary on this size of a project.
Sections 5.1.2.2 thru 5.1.2.9 - These sections are more set up for a building project,
we do intend on providing a site plan and plans for Shade Structures.
Sections 6.1.2.1.2 thru 6.1.2.1.6 - Similarly these sections are describing a building
project.
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Sections 6.1.2.3 thru 6.1.2.14 - These sections are talking about Mechanical,
Plumbing, Electrical and landscape plans. These items are not part of the scope of this
project.
Section 6.5.4 - Will a Master Accounting System be necessary on this size of a
project.
Sections 6.6.5 thru 6.6.8, 6.6.10 - Are these items necessary for this size of a
project?
Sections 6.7.4 thru 6.7.7 - This project is pretty cut and dry, these items are asking
for a search for alternatives etc.
Section 7.1.1 thru 7.1.11- We do not plan on sub contracting any items, and Shade
Structure Manufactures will be treated as vendors.
Sections 7.1.35 thru 7.1.38 - These items are set up for much larger projects.
Section 8 in its entirety - There should be know start up necessary.
Sections 11.3.1.4 and 11.3.1.5 - Errors and Omissions and Builder's Risk were not
included in original proposal, see Design Build Fee Structure.
Section 11.4.1.4 and 11.4.1.5 - Not included in original proposal.
Section 11.6 in its entirety - We did not provide for these items in our original
proposal. Please clarifY.
Sections 15.3 and 15.4 - Are these items necessary for this size of a project?
Please feel free to contact me with any questions you may have.
Thank you,
David Telliard Ir.
619-778-1082
telliards@cox.net
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