HomeMy WebLinkAbout2010/02/23 Item 7
CITY COUNCIL
AGENDA STATEMENT
~\f~ . CITY OF
~ (HUlA VISTA
2/23/10, Item -1-
REVIEWED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A DESIGN BUILD AGREEMENT WITH
WESTERN PU1vIP, INe. FOR THE DESIGN AND CONSTRUCTION OF
TWO FUEL TANKS (UNLEADED AND BIODIESEL), LOCATED AT
THE JOHN LIPPITT PUBLIC WORKS CENTER IN TI-IE CITY OF
CHULA VISTA ~
DIRECTOR OF PUBLIC WORK~
CITY MANAGER-AJ.-
ASSISTAL'\!T CIT~MANAGERS r;-
4/STHS VOTE: YES 0 NO ~
ITEM TITLE:
SUBMITTED BY:
SUMMARY
The City Council previously approved Capital Improvement Projects GG 186 Fuel Storage Tanks,
GGI87 Replacement of Underground Fuel Storage Tanks during the CIP Process in .FY2004 and
more recently GG209 Energy Efficiency Bio Diesel by Resolution No. 2009-256 to address the
City's Fuel Tank(s) replacement.
On November 4, 2009, an RFP (Request for Proposal) was issued to local qualified filel tank and
equipment firms to prepare proposals for the design and construction of two (2) fully functional
12,000-gallon fuel tanks at the John Lippitt Public Works Center. This resolution will approve a
Design Build Agreement with Western Pump Inc. for the provision of services required to design
and constmct two fuel tanks (unleaded and biodiesel).
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has determined that the project qualifies for a
Class 2 categorical exemption pursuant to Section 15302 (Replacement or Reconstruction) of the
State CEQA Guidelines. Thus, no further environmental review is necessary.
RECOMMENDATION
Council adopt the resolution.
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BOARDS/COMMISSION RECOiVllVlENDATION
Not applicable.
DISCUSSION
On November 4,2009, in accordance with Section 2.57 of the Chula Vista Municipal Code, the
City requested proposals from local qualified fuel tank and equipment firms for services to
design and construct two fully functional l2,000-gallon fuel tanks. Three firms submitted
proposals. They were Jenal Engineering Corp., MIT Engineering & Construction, Inc. and
Western Pump, Inc. Based on the proposals and interview, Western Pump Inc. was selected as
the Design Builder with extensive construction experience for this type of project and who could
best meet the City's development schedule, monetary and time criteria of the project.
Western Pump Inc. offers an excellent combination of design and construction expertise for this
type of project. The City has been pleased with the work of Western Pump, Inc. and their ability
to complete projects on time.
DESIGN/BUILD
Staff is recommending the City enter into an agreement with Western Pump, Inc. for the
provision of services required to design and construct a complete biodiesel and unleaded fuel
tank system utilizing some existing components. The designlbuild process includes functions that
are quite different from the designlbidlbuild process typically used for City construction projects.
The designlbuild process employs a single entity, either a general contractor or an architect,
which provides both design and construction services. In the typical scenario, a designlbuild
oriented general contractor provides the design and construction services. Alternatively, an
architectural firm may provide the design services and hire the general contractor on a consulting
basis for the construction phase. In this later scenario, the architectural firm will be held
responsible for all aspects of the project. In the case of this project, the designlbuild process will
place sole responsibility for delivery of the project upon Western Pump Inc., a general
contractor. Western Pump Inc. will subcontract for the design and consulting services, and trade
contracts during the construction phase. Generally utilization of a designlbuild process will
provide savings in cost and time because the entire project is managed and constructed by a
single entity, thereby eliminating the difficulties of dealing with multiple entities and overhead
on one project.
The designlbuild process provides the City the flexibility to work with the best contractors in the
County, as it does not necessarily require award to the lowest responsible bidder.
PROJECT SCOPE AND CONTRACTUAL REOUIREMENTS
As proposed, the DesignlBuild Agreement with Western Pump Inc. will provide the City with
two fully functionall2,000-gallon Bio Diesel and Unleaded fuel tanks located at the John Lippitt
Public Works Center. The scope of work includes but is not limited to the following:
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Design and constmct for the City two fully functional 12,000-gallon (unleaded and
biodiesel) fuel tanks. The project is located at the John Lippitt Public Works Center,
1800 Maxwell Road in the City ofChula Vista.
The biodiesel tank will allow the City to transition over 125 heavy-duty fleet vehicles to the
alternative fuel source and contribute to reaching the 100% clean vehicle conversion goal as
outlined in the Climate Measures Implementation Plans' Measure #1. The project, which has no
other practical financial options available, will help the City achieve important local air quality
and GHG reduction objectives for its heavy-duty fleet. This improvement also reduces opacity
or particulates that contribute to local asthma and Chronic Obstmctive Pulmonary Disease
(COPD) by up to 72%.
The unleaded tank will give Public Works crews the ability to fuel at the Public Works Center as
opposed to fueling off-site at Fire Stations 2 & 7. This will allow Public Works crews such as
Graffiti, Pothole, Wastewater, and Parks to be more effective and efficient.
Western Pump, Inc. shall perform all services, work, and obligations as described necessary to
provide a fully completed and functional Project, which shall include design services, general
conditions and constmction management for the not to exceed amount of $338,810.00. At 90%
constmction documents a Guaranteed Maximum Price (GMP) will be established as part of the
agreement, which will include, but not be limited to, the cost for all labor, equipment, and
material to design and build two fully functional l2,000-gallon fuel tanks in accordance with all
applicable building codes. Staff will return to Council for approval of the GMP.
CHANGE ORDERS
Under the designlbuild process, change orders are handled differently than, under the
design/bid/build process. Change orders are only returned for Council approval if they exceed
the approved OMP, or are for additional work requested by the City, which results in a
significant change to the original scope. Otherwise, change orders are reviewed/approved by
staff and the design builder. This practice is commonplace when using the designlbuild
construction technique.
PROJECT COMPLETION DATES
Western Pump, Inc. has agreed and the contract reflects the following completion dates:
. Substantial Completion: July 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 Constmction
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 Constmction 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.
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. Final Completion shall occur at the conclusion of construction when all work on the
Project is sufficiently complete in accordance with the Construction Documents so that
City can fully occupy and utilize entire project. Final Completion shall further mean that
all goods, services and systems be provided under the terms and conditions of the
Construction Documents are in place and have been tested, and are operationally
functional.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no such holdings
within 500 feet of the property which is the subject of this action.
CURRENT FISCAL IMPACT
Western Pump Inc. shall perform design services, general conditions, and construction
management for the not to exceed amount of$338,810.00.
The total estimated projects costs are broken down as follows:
Description Amount
Design Builder design services, general conditions &
construction management $26,352.00
Total D/B ConstructionCosts $312,458.00
City Oversight:
Design Phase Staff Costs $50,000
Geotech/special inspection services $15,000
Total Project Costs $403,810.00
At 90% complete construction documents a Guaranteed Maximum Price (GMP) will be
established as part of the agreement, which will include, but not be-limited to, the cost for all
labor, equipment, and material to design and build two fully functionaI12,000-gallon unleaded
and biodiesel fuel tanks in accordance with all applicable building codes. Staff will return to
Council for approval of the GMP, once the construction documents reach 90% completion.
ON GOING FISCAL IMPACT
After completion of the project, maintenance costs of approximately $250 per year will be
incurred. An additional $500 per year will be incurred for required testing by the Air Pollution
Control District (APCD).
ATTACHMENTS
DesignfBuild Agreement
Prepared by Gordon Day, Sr. Building Project Supervisor and Merce LeClair, Sr Administrative Analyst. Public Works Dept.
M:\EngineerIAGENDA\CAS2010\02-02-10IBiodiesei Fuel Tank DB AgmlJ.doc
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RESOLUTION 2010-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A DESIGN BUILD
AGREEMENT WITH WESTERN PUMP me. FOR THE
DESIGN AND CONSTRUCTION OF TWO FUEL TANKS
(UNLEADED AND BIODIESEL) LOCATED AT THE Jor.IN
LIPPITT PUBLIC WORKS CENTER IN THE CITY OF CHULA
VISTA
WHEREAS, the City Council previously approved Capital Improvement Projects GG 186
Fuel Storage Tanks and GG 187 Replacement of Underground Fuel Storage Tanks during the CIP
Process in FY2004 and more recently, GG209 Energy Efficiency Biodiesel by Resolution No.
2009-256 to address the City's fuel tank(s) replacement; and
WHEREAS, on November 4, 2009, in accordance with Section 2.57 of the Chula Vista
Municipal Code, the City requested proposals from local qualified fuel tank and equipment firms
for services to design and construct two fully functionaI12,000-gallon fuel tanks; and
WHEREAS, three firms submitted proposals - Jenal Engineering Corp., MIT Engineering
& Construction, Inc. and Western Pump Inc.; and
WHEREAS, based on the proposals, Western Pump Inc. was selected as the Design
Builder with extensive construction experience for this type of project and who could best meet
the City's development schedule, monetary and time criteria of the project; and
WHEREAS, the not to exceed amount for the contract is three hundred thirty eight
thousand eight hundred ten dollars ($338,810.00); and
WHEREAS, at ninety percent construction documents a guaranteed maXImum pnce
("GMP") will be established for the project; and
WHEREAS, staff will return to Council for the approval of the ("GMP"); and
WHEREAS, staff is recommending the City enter into an agreement with Western Pump
Inc. for the provision of services required to design and construct two fuel tanks (unleaded and
biodiesel) located at the John Lippitt Public Works Center, a complete biodiesel and unleaded
fuel tank system utilizing some existing components; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve a Design Build Agreement with Western Pump Inc. for the Design
and Construction of Two Fuel Tanks (Unleaded and Biodiesel) located at the John Lippitt Public
Works Center in the City ofChula Vista.
Presented by
APPro/ed as t
Wail/[ ~
Bart Miesfel
Cit~ AttorneY
Richard A. Hopkins
Director of Public Works
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DESIGN BUILD AGREEMENT FOR
THE ABOVE GROUND FUEL TANKS AT
1800 MAXWELL PROJECT
This Agreement shall be for the design and construction of Above Ground Fuel T~mk.s at
i 800 i\:la>.:.\.veJl and the payment of permitted costs therefore ("Agreement"). This Agreement is made and entered,
into this . by and between THE CITY OF CHULA VISTA, a municipal corporation ("City"), and
\.Vestem Pump Inc.. a DOlT1~stic Corporation ofC:llifomia ("Design Builder or DiE"). City and DIB, when
referenced herein, may be referred to individually as "Party" and collectively as "Panie~." This Agreement is
entered into with reference to the following facts:
RECITALS
1. The City Council previously approved Capital Improvement Projects GG 186 Fuel Storage Tanks, and GG 187
Replacement of Under ground Fuel Storage Tanks during the elP Process in FY2004 and more recently GG209
Energy Efficiency Bio Diesel by Resolurion No. 2009-256 to address th,e City's Fuel Tank(s) replacement.
2. The City has a proposed budget of Five Hundred Thirty Thousand Dollars ($ 350,000.00) for the design and
installation phases of the: project.
3. As part ofrhat effort, on November 4,2009, 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 finns.
4. Three proposals were received from qualified fuel related installation companies; lenal Engineering Inc, MrT
Engineering & Construction, and Western Pump, all local companies. MIT's estimate exceeded the available
funds, Jenal's proposal was received three weeks overdue, and both proposals did not contain some
information requested' in the RFP. City sraff decided to interview the two low bidders in an effort to move the
project forward using the interviews as a comparison for a final decision.
5. Following interviews of two of the three respondents, Western Pump, Inc. was selected as the respondent who
best met the design, monetary, and time criteria of the project with whom City eQuId negotiate an agreement.
.6. As part ofD/B's proposal, DIB submitted a "Not to exceed Gross Ma.ximum Price" of the Project in the
amount of Three Hundred Thirty Eight Thousand Eight Hundred Ten Dollars ($ 338,810.00) ("Estimated
Cost"/"EC).
7. Following City's approval of90% Construction Documents ("'CD"), DIE shall submit a guarant~ed maximum
price ("GMP"), not to exceed the Gross Maximum Price, for which the Project shall be designed and
constructed.
8. 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. The portion of the contract related to the p~rchase and installation
of the BiD-Diesel tanks, pumping equipment, setup, support and administrative costs must adhere to the
Federal Guidelines attached to this document as Exhibit" B " concerning the EECBG Stimulus Funds
provided for the project.
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 foHows: .
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ARTICLE I. DEFINITIONS
ADA: The Americans with Disabilities Act of 1990 and ilny amendments thereto.
Acceptance: Final approval by the City Inspection-Team following the Final Inspection that Project Improvements
are complete and work required on the Punch List has been finished.
As-BuiHs: Project Record Documents that are the Contract plans modified from the original concept of the design
to re!lect the actual product built.
CEQA: California Environmental Quality Act.
Calendar Day(s): All days of the week, holidays and weekends included.
Change Order: A written order, approved by City, authorizing a change in the work to be performed.
City: The City ofChula Vista. Unless specifically provided otherwise. whenever this Agreement requires an action
or approval by City, that action or approval shall be performed by the City representative designated by the
Agreement.
City Council: The City Council of the City of Chula Vista.
City's Project Administration Costs: Charges that City incurs to: (i) administer the acquisition of the Property,
(ii) review and approve the plans and specifications for the project improvements7 and (Hi) inspect the project
improvements during construction, until completion and Acceptance of the Project.
Contract Documents: Including, but not limited to: Contract Addenda, Notice Inviting Bids, Instructions to
Bidders; Bid (including documentation accompanying Bid and any post-bid documentation submitted prior to
Notice of A ward), the Bonds, the general conditions, permits from other agencies, the Special Provisions, the Plans,
Standard Plans, Standard Specifications, Reference Specifications, and all'modifications issued after the execution
of this Agreement
Contract Time: The number of Calendar Days pennitted under this Agreement for D/B to achieve Substantial
Completion.
Defective Work: All work, material, or equipment that is unsatisfactory, faulty, incomplete, or does not confonn to
the Contract documents is defective.
Design Build Team (D/BT): Those individuals designated as,being a part of the Design Build Team.
Estimated Cost: The total cost of the Project as estimated in preliminary cost estimates as shown in Exhibit A.
Extra \Vork: Any City additions, modifications, or deletions to work or D/B obligations under this Agreement not
within the original Scope of Work contemplated by this Agreement.
Final Completion: The point at which the last of the following has occurred: (1) recordation ofa Notice of
Completion for the Project; (2) acceptance of the Project by the City; (3) submission of all documents required to be
supplied by DIB to City under this Agreement, including but not limited to As-Built Drawings, warranties, and
operating manuals; and (4) and delivery to City ofa Certificate of Completion duly verified by DIB.'
Greenbaok: The most recent edition of the Standard Specifications for Public Works Construction (including any
City ofChula Vista standard special provisions).
Guaranteed LVlaximum Price ("GMP"): The maximum compensation to which D/B may be entitled for the
performance of an Services, Work, and obligations and the satisfaction of all conditions under this Agreement,
which amount shall include all authorized costs for labor, equipment, and material to design and build a fully
functional Project in accordance with all applicable rules, iegulations, and laws.
Hard Construction Costs: Direct construction costs incurred in performing the work, including taxes, delivery and
installation. Hard Construction costs shall not include D/B markup, handling fees, overhead, or other charges,
except as otherwise set forth in this Agreement.
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Hazardous Materials: Hazardous waste or hazardous substance as defined in any federal, state, or local statute,
ordinance, rule, or regulation applicable to the Property, including, without limitation the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as amended (Title 42 United States Code
sections 9601-9675), the Resource Conservation and Recovery Act (Title 42 United States Code secrions 6901-
6992k), the Carpenter Presley-Tanner Hazardous Substance Account Act (Health and Safety Code sections 25300-
25395.15), and the Hazardous Waste Control Law (Health and Safety Code sections 25100-25250.25). "Hazardous
Materials" shall also include asbestos or asbestos containing materials, radon gas, and petroleum or petroleum
fractions, whether or not defined as hazardous waste or hazardous substance in any such statute, ordinance, rule, or
regulation.
Holiday: The City-observed holidays.
Law: All Federal, State, or local laws, regulations, ordinances, and/or policies.
Milestones: Dates shown on the Project Schedule by which DIB shall complete major tasks either during design or.
construction of the Project.
NEPA: National Environmental Policy Act.
Notice to Proceed: City's written notice authorizing D/B to commence Work and/or Services on the Project.
Notice of Termination: A written notice from City to DIB terminating the Agreement in accordance with Article
XXVII.
Project Site: The property located at \800 Maxwell Road and further described in Exhibit. B, attached.
Reimbursable Costs:" Permit and application fees.
Services: Professional services, including design and construction management of the Project lJ,at are required to
design and construct the Project in accordance with the Contract Documents. Services does not include Work.
Substantial Completion: That stage in the progress of-the construction.when atl.Workon.the,Project is sufficiently..
complete in accordance with the Construction Documents, so that City can fully utilize entire Project; Substantial
Completion shall further mean that all goods, services and systems to be provided under the terms and conditions of
the Construction Documents are in place, have been initially tested, and are operationally functional, subject only to
final testing, balancing and adjustments and normal Final Completion punch list work.
Title 24: California Building Standards Code, California Code of Regulations, Title 24.
Work: All labor, materials, supplies, and equipment that are necessary to construct the Project in accordance with
the Contract Documents. Work does not include Services.
Worldng Oay(s): Monday through Friday, excluding City holidays.
ARTICLE II. SCOPE OF THE AGREEMENT
2.1 General. Except as expressly provided in this Agreement, D/B shall design and construct the Project in
accordance with all the terms and conditions of this Agreement, approved Plans and Specifications, and the
timemmes established by the Project Schedule, attached as Exhibit nA" delivering a complete and functional
Project within the Contract Time for an amount not to exceed the GMP.
ARTICLE Ill. TERM
3.1 Term of Acrreernent. This Agreement shall be effective on the date it is executed by the last Party to sign the
Agreement following City Council approval by Resolution. .The tenn of t..,is Agreement will extend from the
date of execution until satisfaction of all terms and conditions herein, unless this Agreement is earlier
terminated.
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Hazardous Materials: Hazardous waste or hazardous substance as defined in any federal, state, or local statute,
ordinance, rule, or regulation applicable to the Property, including, without limitation the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as amended (Title 42 United Slates Code
sections 9601-9675), the Resource Conservation and Recovery Act (Title 42 United Slates Code sections 690]-
6992k), the Carpenter Ptesley-Tanner Hazardous Substance Account Act (Health and Safety Code sections 25300-
25395.15), and tile Hazardous Waste Control Law (Health and Safety Code sections 25100-25250.25). "Hazardous
Materials" shall also include asbestos or asbestos containing materials, radon gas, and petroleum or petroleum
fractions, whether or not defined as hazardous waste or hazardous substance in any such statute, ordinance, rule, or
regulation.
Holiday: The City-observed holidays.
Law: All Federal, State, or local laws, regulations, ordinances, and/or policies.
Milestones: Dates shown on the Project Schedule by which DIE shall complete major tasks either during design or
construction of the Project.
NEPA: National Environmental Policy Act.
Notice to Proceed: City's written notice authorizing D/B to commence Work and/or Services on the Project.
Notice of Termination: A written notice from City to DfB terminating the Agreement in accordance with Ankle
XXVII.
Project Site: The property localed at ]800 Maxwell Road and further described in Exhibit " attached.
Reimbursable Costs: Permit and application fees.
Services: Professional services, including design and construction management of the Project that are required to
design and construct the Project in accordance with the Contract Documents. Services does not include Work..
Substantial Completion: That stage in the p'rogress 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 tenns and conditions of
the Construction Documents are in place, have been initially tested, and are operationaJly functional, subject only to
final testing, balancing and adjustments and normal Final Completion punch list work.
Title 24: California Building Standards Code, California Code of Regulations. Title 24.
Work: All labor, materials, supplies, and equipment that are necessary to construct the Project in accordance with
the Contract Documents. Work does not include Services.
Workin'g Day(s): Monday through Friday, excluding City holidays.
ARTICLE II. SCOPE OF THE AGREEMENT
2. I General. Except as expressly provided in this Agreement, DIB shall design and construct the Project in
accordance with all the tenns and conditions of this Agreement, approved Plans and Specifications, and the
timefrarnes established by the Project Schedule, attached as Exhibit "A" delivering a complete and functional
Project within the Contract Time for an amount not to exceed the GMP.
ARTICLE III. TERM
3.1 Term of Aareement. This Agreement shall be effective on the date it is executed by the last Party to sign the
Agreement following City Council approval by Resolution. The term ofmis Agreement will extend from the
date of execution until satisfaction of all tenns and conditions herein, unless this Agreement is earlier
terminated.
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ARTICLE IV. GENERAL PROJECT PERFORiHANCE OBLIGATIONS
4.1 Standard of Care. Throughout the performance this Agreement, perfonned under this Agreement, D/B agrees
that all Services and Work provided as part of this Agreement shall be performed in accordance with the
standards customarily adhered to by experienced and competent professional architectural, engineering,
landscape architecture, and construction finns using the degree of care and skill ordinarily exercised by
reputable professionals practicing in the same field of service in the State of California.
4..2 Comoliance with all Laws. In the performance oFthis Agreement, DIB shall camply with all laws, including
but not limited to:
4.2.1 All City, County, State, and Federal laws, codes and regulations, ordinances, and policies, including,
hut not limited to, the following:
4.2.1.1 Environmental Regulations (i.e. CEQNNEPA).
4.2.1.2 The Americans with Disabilities Act C"ADA") and Title 24 of the California Building Code. It
is the sole responsibility ofO/B to comply with all ADA and Title 24 regulations.
4.2.1.3 The California Fair Employment and Housing Act and all other State, Federal and local laws
including, but not limited to, those prohibiting discrimination on account ofrace, color,
national origin, religion, age, sex or handicap.
4.2.1.4 The Clean Air Act of 1970, the Clean Water Act (33 USC I 368)-Executive Order 11738, and
the Storm water Management and Discharge ControJ~Ordinance No. 0- t 7988.
4.2.1.5 D/B shall comply with the Essential Services Building Seismic Safety Act, SB 239 & 132.
4.2.1.6 DIE shall comply immediately with all directives issued by City or its authorized
representatives under authority of any laws, statutes, ordinances, rules, or regulations.
4.2.1.7 DIB shall obtain and comply with all permits necessary top complete the Project, including,
hut not limited to Development Services Department pennits and hazardous material permits.
4.2.1.8 Zoning, environmental, building, fire and safety codes and coverage, density and density ratios
and lien laws.
4.2.2 Implied Knowledge of Lml'S. D/B shall be responsible for all amendments or updates to standards and
of all amendments or updates to standards, whether local, state, or fe.deral~ and such knowledge will be
imputed to D/B to the extent allowed by law. .
4.3 Dcsi2n and Construction Standards_ In the performance of the Services and Work covered by this
Agreement, D/B shall comply the most current versions of design and construction specifications, all of which
shall be incorporated herein by this reference.
4.3.1 Standard Specifications.
4.3.1.1 Greenbook. The 2000 Edition of the Standard Specifications for Public Works Construction.
4.3.1.2 California Department ofTransponation Manual of Traffic Controls for Construction and
Maintenance Work Zones.
4.3.2 City Specifications.
4.3.2. I The 2000 Edition of the Chula Vista Standard Special Provisions.
4.3.2.2 The 2000 Edition of the Regional Standards.
4.3.2.3 The 1001 Edition of the Chula Vista Construction Standards.
4.3.2.4 The City's facility program, perfonnance and design criteria~ concept drawings, and reports.
4.3.3 Energy Conservation Standards.
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4.3.4 A/alerials Standards. DIB shall use industrial grade, not residential grade, equipment and accessories
for all facets of design and construction.
4.4 Obtain Citv Aooroval. For any and all actions under this Agreement that require City approval, including,
but not limited to, changes or additions to Agreement, D/B shall obtain approval in writing from the designated
City Representative, or when required by Law, from the City Council. D/B acknowledges that approval from
any individual other than the designated City Representative or City Council, where required, shaH not be
valid.
4.4.1 Failure to Obtain Approval. Any costs or delays resulting from or associated with additions or
modifications implemented without the written authorization of the City Representative shall be borne
exclusively by D/B and not be grounds for an increase in GMP or Contract Time.
4.4.1.1 Emergency. In the event of an emergency. D/B shall take all reasonable actions necessary to
protect public health, safety or property. Such action shall not require advance City approval;
however, DIB shall notify the City immediately of the emergency and as soon as reasonably
possible provide a written statement to the City explaining the emergency and the reasonable
actions taken. Provided the emergency was not caused by or its creation contributed to by the
DIB; its employees, agents, or subcontractors, D/B may be entitled to reasonable compensation
for such actions.
4.4.2 No Release From Obligations. City approval shall be a general approval only, and such approval shall
in no way release or relieve D/B of responsibility for complying with all applicable laws, codes, and
good consulting, design, or construction practices.
4.5 Decision MakinG. D/B shall make decisions with reasonable promptness to avoid delay in the orderly
progress of D/B's obligations under thi? Agreement and pursuant to the Project Schedule, attached as Exhibit
"A".
4.6 Perform Services and Worl" in Phases. The Services and Work under this Agreement shall be performed
three (3) "Phases" in the manner and order described herein.
ARTICLE V. PHASE I - DESIGN DEVELOPMENT
5.1 Desi!m Team. City has awarded this Agreement based an the specific qualifications of DIB to perfonn the
design services required under this Agreement. All such services shall be provided by DfB unless the City has
approved of the use of Sub consultants in the manner identified in Article VIII.
5.2 Services. In Phase 1, D/B shall perfonn Services including, but not limited to, the following:
5.2.1 Project Development. Develop and refine Project requirements.
52.2 DDD. Prepare complete DDDs, such that the ODDs include, without limitation, the following:
5.2.2.1 Site Plans. 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 and site elements.
5.2.2.1 Floor Plans. Floor plans including graphically demonstrating interior and exterior walls and
fenestration with notes, dimensions and gridlines; room names, structural bay spacing with
grids, critical dimensions and area calculations. NI A
5.2.23 Roof Plans. Roofplans 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. N/A
5.2.2.4 Building Sections. Building sections, which sha1l' include vertical dimensions, floor assembly
thickness showing known structural elements, notes and dimensions. N/A
5.2.1.5 Elevations. Exterior elevations, including material references and extent; visible rooftop
elements; existing and new line of grade; indicate of floors with leader lines; and vertical
dimensions; notes, dimensions and grid lines. NI A
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5.2.2.6 Wall Sections. Wall sections including all wall sections, dimensions, horizontal element
offsets, and guide to exterior face of wall; dimensions, vertical floor to floor, floor to window
head and sill and floor to celling; structural elements and assemblies; interior and e:\1erior wall
finishes; and wall and roof assembly; Nt A
5.2.2.7 Outline specifications, written description of fuel tanks, dispensers, and components including
site work.
5.2.2.8 Traffic circulation and landscaping should also be indicated at this stage if applicable.
5.2.3 Code Compliance. VeritY all code compliance, including building construction type, occupancy
sprinkler requirements, existing, zoning and ather agency conformance and ADA. As Applicable.
5.2.4 Submittals. Prior to proceeding with Phase II, DIB shall prepare and submit the following to the City.
for review and written approvaL
5.2.4.1 DDDs. Completed DDD.
5.2.4.1.1 Conditional Approval. In the event that City grants conditional approval, D/B shall
address all City comments or issues and make associated revisions in the next set of
drawings developed and submitted.
5.2.4.1.2 Delay/Costs. .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 OMP or Contract
Time.
5.2.4.2 Other Oeliverables. 3D rendered images, color and material boards, reflected ceiling plans,
and special system or equipment plans. N/A. '" As built" documents only.
ARTICLE VI. PHASE II
6.1 Phase fI Services. In Phase II of the Project, D/B's shall perform Services including, but are not limited to,
the following:
6. 1.1 Project Development. D/B shall diligently prosecute the development and refinement of Project
requirements and review such requirements with City;
6.1.2 Digital Documentation. 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~n.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 that affects the design of the spaces. N/A
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. Nt A
6.1.2.1.4 Interior elevations to establish functional requirements, equipment, and all systems
locations. NtA
6.1.2.15 Typical building sections showing primary structural members, dimensions, and
accommodation of functional systems. N/ A
6. I .2.1.6 Typical wall sections sufficient to indicate rnater,ials, openings, and major features.
NtA
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.
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6.1.2.3 Mechanical plans and details.
6.1.2.4 Landscape and Irrigation plan and details. Nt A
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. I .2.9 All other technical drawings, schedules, diagrams and specifications, to set forth in detail the
requirements for construction of the Project which, at a minimum, include:
6.1.2.9.1 Information customarily necessary for' the use of those in the building trades.
6.1.2.9.2 Documents customarily necessary to obtain regulatory agency approvals.
6.1.2,9.3 Color board and architectural rendering for required presentations.
6.1.2.10 Mechanical design documentation consisting of continued development and
expansion of sch~matic mech'anical 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. Nt A
6.1.2.11 Electrical design documentation consisting of continued expansion of the schematic
elecoical design consi~ting of:
6.1.2.11.1 Criteria for lighting, electrical, communications audio visual, close circuit T.V -.
lighting controls and other electrical systems typical to civic facilities, the
approximate sizes and capacities of major components transfonners-panels-switch
oears' Nt A .
o ,
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. Nt A
6.1.2.13.2 Mechanical. Description of air conditioning, heating and ventilation systems and
controls, ducts, and piping system. Nt A
6.1.2.133 Electrical. Description of electrical services, including voltage; type and number
of feeders; lighting systems, including lighting levels and audiovisual. (security-
fire alarms; and cable antenna television systems NJ A ).
6.1.2.13.4 Landscape. General description of the construction, including plan materials, plant
locations, maintenance period, and irrigation systems. NJA
6. I .2. I 3.5 Play Areas. Description of play equipment, including installation procedures,
type, color, finishes, and locations. N/ A
6.1.2.13.6 Site Work.. General description of the construction, including finishes, types of
materials and locations.
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6.1.1. I 3.7 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. N/A. Fuel piping &
Configurations only.
6.1.3 Project Sequencing. D/B shall detennine and establish the sequence of construction, and if
appropriate, i.dentify separate bid packages to accomplish phased construction of the Project.
6.1.4 Critical Path. D/B shall prepare a detailed Critical Path Method schedule for all construction
components of the Project ("Detailed Construction Schedule") utilizing Microsoft Project sofhvare,
showing all major milestones, bid dates for the major bid packages, commencement of construction,
sequence of construction, completion of structural elements, and completion of the Rohr Park Shade
Structures) all of which shall confonn with the dates of Substantial Completion and Final Completion
of Project.
6.1.5 Governmental Review. D/B shall review, as needed, the CD's with the governmental authorities
having jurisdiction over the Project.
6.1.6 Accounting System. DIB shall 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.
6.1.7 Project Alanagemenl Plan. D/B shall develop and implement a Project Management Plan and
Procedures including:
6.1.7.1 Project status reports.
6.1.72 Coordinationlinterface with the City and its other consultantslcontractors
6. 1.7.3 Initial Design kickoff meeting to be held no later than five (5) working days from the Effective
Date of Agreement.
6.1.7.4 Biweekly Design and Construction meetings
6. 1.7.5 Interface and communications with other agencies
6.1.7.6 Vendors and subcontractors management
6. J .7.7 Document control
6.1.7.8 Schedule and budget control
6.1.7.9 Quality assurance and quality control. D/B shall establish and maintain a quality control
program with appropriate reviews and independent testing procedures to ensure compliance
with the Construction Documents during the construction phase.
6.6,10 Scheduling and cost control reports, which shall be provided monthly throughout the design
phase.
6.1.8 Construction Drawings and Specifications. D/B shall prepare construction drawings and specifications
suitable for obtaining City-approved pennits and to allow construction.
6.1.9 City Appro\!al. D/B shall submit Construction Documents and obtain City approval in writing of the
Construction Documents at fifty percent (50%), seventy percent (70%), and ninety percent (90%)
completion.
6.1.9,1 Condition Precedent. City approval of the Construction Documents is a condition precedent to
authorization to proceed with subsequent work on the Project.
6.1.9.2 Notification, Modification, and ResubmittaI. At 50%,70% and 90% Completion, City \vill
notify DIB in \vriting within the time frames established in the Project Schedule following
receipt of Construction Drawings of City approval, or of request for modifications. If
modifications are requested, DIB shall modifY and resubmit Construction Drawings for City
approval.
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6.1.9.3 D/B Support. D/B shall provide support to a City Constructability Review Team for the
review of the Construction Documents at all stages of required submission.
6.1.1Q A/alerials and Equipme11l Specifications. D/B shaH prepare technical materials and equipment
specifications for pre-purchase.
6.1.1 I Sun'eying and Testing. D/B shall coordinate, perform, and complete all surveying, materials testing,
and special testing for the Project at the Project site as required by this Agreement, the State BuiIding
Code, or any other law or regulation, in accordance with and considering the following:
6.1.1 ].1 Greenbook 2003 Section 2-9 titled "Surveying" and City ofChula Vista's Horizontal and
Vertical Control found on the Survey Control Network Map located on the City's Internet via
the following link: N/A
htto:/lwww.chulavistaca.rz.ov/Citv ServicesfDevelonment ServiceslEne:ineerin e:/index.aso
6.1. 11.2 Existing Conditions. D/B shall obtain an necessary soils investigation and conduct
agronomic testing required for design of the Project. The Soils Consultant shall prepare a
statement that wiII be included in the Bidding Documents 3S to the nature of soils, ground
water conditions and any other information concerning the existing conditions of the site. N/A
6.1.11.3 Utilities. D/B shall provide all required information for the construction or relocation of
Public or private utility facilities that must be constructed or relocated as a result of this
Project D/B shall file all of the required documents for the approval of authorities having
jurisdiction over the Project and in obtaining the services of all utilities required by the
Project.
6.1.11.4 Geotechnical Information. DIB shall obtain all necessary geotechnical information required
for the design and construction of the Project. TIle Project Engineering Geologist and/or
Project Soils Engineer (qualified R.C.E. or R.G.E.) shall prepare a statement that will be
induded in the Bidding Documents, to address existing geotechnical conditions of the site
that might affect construction. N/A
6.1. i 1.5 Additional Surveys. OIB shan provide additional site surveys and geotechnical investigations
to the extent that DIB determines they are necessary for final design. Nt A
6.1.11.6 No Reliance. DIB shall not rely on City survey information as it is intended to be preliminary
in nature and may not have sufficient accuracy or scope to support fmal design.
6.1.12 SWPPP. D/B shall prepare and ineorporate into the Construction Documents a Storm water Pollution
Prevention Plan ("SWPPP") to be implemented by the D/B during Project construction. Where
applicable, tlle SWppp shall comply with both the California Regional Water Quality Control Board
Statewide General Construction Storm Water permit and National Pollution Discharge Elimination
System permit requirements and any municipal regulations adopted pursuant to the permits. N/A
6.1.13 Alternatives. D/B shall 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.
6.1.14 Permits. D/B shall obtain general building permit and all ancillary permits and licenses, including but
not limited to, demolition permits, improvement permits and grading penn its at 90% CDts. City to
obtain any building permits. DBT is responsible for APeD permits, the cost is a reimbursable
expense.
6.1.15 Updated Costs. D/B shall provide updated construction cost estimates in conjunction with the
submittals required in Section 6.1.9 to support Value Engineering ('"'VE") and constructability reviews.
6.1.16 Final Review and Approval of Plans and Specifications. D/B shall deliver to City complete
Construction Documents, including Construction Drawings, Plans and Specifications for the design
and construction of the Project. City agrees to review the Construction Documents and provide City's
written comments to D/B within fourteen {14) Business Days of the date such Construction Documents
are delivered to City in accordance with the notice provisions in Article XXIX. Approval shall not be
unreasonably withheld. lfrequested by City, D/B shall make changes to the Construction Documents.
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ARTICLE VII. PHASE III. - CONSTRUCTION PHASE WORK AND SERVICES
7.1 Phase III. \Vork and ServIces. The D/B shall construct the Project in accordance with City-approved plans
and specifications prepared by the D/B to meet or exceed all requirements of the City provided program,
schematic design and the performance criteria. The D/B shall:
7.1.1 Bidding. D/B shall prepare and submit to the City for review separate bid packages, such bid packages
shall be organized in the manner that DIB determines is appropriate ensure the efficient and cost
effective ~onstruction of the Project.
7.1. 1.1 Competitive Bidding. DIE shall competitively bid the respective bid packages for the
construction of the Project.
7.1.1.2 Pre-Bid Conferences. D/B shall schedule and conduct pre-bid conferences to answer questions
posed by bidders. Said answers and any other infonnation required to provide clarification to
the Construction Documents during the bidding process shall be issued as written addenda and
provided to all prospective bidders.
7.1.1.3 Scheduling. D/B shall coordinate scheduling of bid packages, submittals.
7.1.1.4 Bid Results. DIB shall submit to the City a summary of bid results for each bid package.
7.1.1.5 Bid Protests. DIB shall hear and decide bid protests and shall develop and maintain bid protest
procedures for that purpose. City shall be timely infonned of all bid protests (prior to
resolution) and the outcome of said protests.
7.1.1.6 Equal Opportunity ContractingINondiscriminanon. DIB shall not discriminate on the basis of
race, gender, religion, national origin. ethnidty, sexual orientation, age, or disability in the
solicitation. selection, hiring or treatment of subcontractors, vendors, or suppliers. D/B shall
provide equal opportunity for subcontractors to participate in subcontracting opportunities.
D/B understands and agrees that violation of this Subsection shall be considered a material
breach of this Agreement and may result in contract termination, debarment., or other sanctions.
The language of this Subsection shall be inserted in contracts between D/B and any
subcontractors, vendors, or suppliers.
7.1.1.7 Executing Contracts. D/B shall be responsible for entering into subcontracts, in DIB's own
name, with the bidder who in DfB's discretion and professional opinion best meets the
monetary, time, and performance requirement of the Project. DIB shall be responsible for
ensuring that these contracts fully comply with all applicable. local, state and federa\laws,
some but not all oFwhich are listed belD,"'. .
7.1.1.8 Additive Alternatives. D/B shall require additive alternates for extended warranties in bid
packages for roofing and HV AC systems.
7.1.2 Meetings. D/B shall conduct meetings identified below:
7.1.2.1 Preconstruction Meeting. DIB shall conduct a preconstruction meeting with its officers, agents
and employees and City. The purpose of this meeting is to discuss: (i) the Agreement
conditions, (ii) Scope of Work clarifications, and (Hi) City policies, inspection requirements,
and procedures.
7.1.2.\.1 Anendance. DIE shall ensure that the preconstnlction meeting is attended by D/B's
construction contractor, project manager, all DIB's major subcontractors, the City's
Project Manager, and all other persons necessary as determined by D/B or City.
7. I .2.2 Progress Meetings. DIB shall conduct weekly progress meetings with the City and appropriate
design and construction members.
7.1.2.3 Contractor Meetings. D/B shall conduct contractor meetings, as necessary, to provide
technical input.
7.1.2.3.1 D/B shall provide interpretation of technical specifications and dra'.vings.
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7.1.2.4 Rescheduling. Progress Meetings may be rescheduled if rescheduled meeting times are
convenient for all necessary parties, and D/B has given no less than five (5) Calendar Days
prior \vritten notice of the rescheduled meetIng.
7.1.2.5 Minutes. DIB shall take corresponding meeting minutes and distribute copies to an attendees.
7.1.2.6 Reporting. DIB shall monitor and report to the City on actual performance compared to the
Project Schedule, provide updated As-Builts, and verify that the latest changes to the Project, if
any, have been made.
7.1.3 Construe/ion A1anagement. During construction of the Project, DIB shall perform and be responsible
for construction management, supervision, and administration services, including, but not limited to,
tracking and reporting all expenses and all aspects of the construction and coordinating all construction
means, methods, techniques, sequences and procedures to ensure the efficient and orde'rly sequence of
the construction of the Project.
7.1.3.1 Re.sident Management. D/B shall provide resident management and contract administration,
including specialists necessary for the functional, safe, on-budget and on-schedule completion
of the Project, starting with the issuance ofa Notice to Proceed, upon receipt affinal
construction drawings, from the City and extending through issuance of Notice of Completion
and Acceptance. City staffwi1l perform inspections to verify compliance with the plans,
specifications and contract documents. The DIE resident staff shall ensure construction
compliance with applicable local, state, and federal codes, building and environmental penn it
requirements, construction mitigation documents and enforcement of the Contract Documents.
7.1.3.2 Records Management. D/B shall implement and maintain an internal records management arid
document control system as required to support project operations. The D/B shall provide
records management and docwnent control information in a manner consistent with the City's
reporting system.
7.1.3.3 Cash Flow. DiB 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.
7.1.3.4 Reporting. DfB shaH keep City informed of the progress and quality oftlle design and
construction of the Project.
7.1.3.5 Documents On-Site. D/B shall maintain a complete and up-to-date set of Construction
Documents in the Projects field office at all times during co~struction that reflect all changes
and modifications.
7.1.4 Site Safety. S&curity. and Compliance. D/B shall be responsible for site safety, security, and
compliance with all related laws and regulations.
7.1.4.1 Persons. DIB shall be fully responsible for the safety and security of its officers, agents, and
employees, City's officers, agents. and employees, and third parties authorized by D/B to
access the Project site.
7.1.4.2 Environmental. DIE shall administer and enforce the Environmental Mitigation Monitoring
and Reporting Plan for the Project ifan)'. In addition, DIB shall report environmental issues to
the City in a manner consistent with the City's reporting system. D/S shall be responsible for
the environmental consequences of the Project construction and shall comply with alt related
laws and regulations. including the Clean Air Act of 1970, the Clean Water Act, Executive
Order number 11738, and the Storm water Management and Discharge Control Ordinance No.
o~ 17988 and any and all Best Management Practice guidelines and pollution elimination
requirements as may be established by the Enforcement Official.
7.1.4.3 Risk of Loss. DIB is responsible for the Project, project site, materials, equipment, and all
other incidentals until the Project has been Accepted by the City and shall bear any costs or
expenses associated with the 1055 thereof or damage thereto, including by theft, fire, or other
casualties.
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7.1.5 Public Riglu~oJ.Way. All work, including, materials testing, special testing, and surveying to be
conducted in the Public right-oF-vllay shall be coordinated with the City. N/A
7.1.5.1 Materials Testing. D/B shall pay for and coordinate with City to have all material tests within
the Public right-oF-way and any asphalt paving completed by City's Material Testing
Laboratory. N/A
7.1.5.2 Surveying. D/B shall pay for and coordinate with City's Engineering Department, all
surveying required within the Public right-of-way. N/A
7.1.5.3 Follow all Laws, Rules, and Regulations. OrB agrees to follow all City standards and
regulations while working in the Public right of way, including but not limited to, utilizing:
proper traffic control and obtaining necessary permits. NI A
7.1.6 Traffic Control. DfB shall address all traffic control requirements for the Project including, if
necessary, separate traffic control plans and/or notes.
7.1.7 .rlbatement. D/B shall develop a mutually agreed upon program to abate and minimize noise, dust~ and
disruption to access for parking and services at all times for adjacent business entities and residences.
7.1.8 Inspections. D/B shall coordinate any and all required inspections, including special inspections, in
such a manner that the progress of construction is not affected or impacted. The D/B shall provide
(surveying N/A), contracted services as required to complete project construction inspection and
testing tasks. The City will provide inspection, special inspection, re-inspection services, and periodic
building inspections.
7.1.9 Permits. The Parties acknowledge that the construction work to be perfonned on the Project by D/B in
compliance with this Agreement is subject to the prior issuance of building, land development, and/or
public improvement permits paid for and obtained by 0/8. In the event that City, or any other
governmental agency, unreasonably refuses to issue the permit(s) necessary to authorize the work to be
performed or if the permit(s) ar~ unreasonably canceled or suspended~ then D/B is relieved from its
obligation to construct those improvements covered by the denial of said 'pennit(s). City shall, under
such circumstances, pay D/B the reasonable costs, not to exceed the amounts identified in this
Agreement, for all work completed up to the date of denial of said permit(s). All plans, specifications
and improvements completed to the date of the denial, suspension or cancellation of said permit(s) .
shall become the property of City upon 0/8', receipt of payment in full as described above. All
permit fees are reimbursable by the City.
7.1.10 Ala;I1Ie.J1ance.. D/B shall ensure Project is maintained in a clean, neat, sanitary and safe condition free
from accumulation of waste materials or rubbish. Until Acceptance ~fthe Project, DIE shall be
responsible for onwgoing site maintenance, including any erosion prevention measures. Prior to Final
Completion, D/B shall cause to be removed from and about the Project all tools, construction
equipment~ machinery, surplus materials. waste materials and rubbish and deliver the site to the City in
a clean, neat, sanitary and safe condition.
7.1.10.1 Waste Removal. Please be advised that Chula Vista Municipal Code 8.24.070 provides
for an exclusive franchise for the removal and conveyance of all solid waste for hire (including
recycJables) \vtthin City limits. The exclusive franchise ilgreement covers any hauling activity
that requires the generator or their agent to pay a fee for any service connected with removing
or conveying waste. The City's franchise hauler is Allied (fomerly Pacific) Waste Services
and may be reached at (619) 421,9400.
7.1.11 Request for in/ormation ("RFf'J. Parties acknowledge that the RFI process is solely for
correspondence ben.veen D/B and its agents; however, D/B shall submit copies of each RFI to City at
the within twenty-four (24) hours of receipt. DIB shall issue responses to RFls. Unless DIB
specifically requests a City response, Cit)' will not respond to RFIs.
7.1.12 Review and Approval. D/B shall provide timely review and approve shop drawings, silrriples of
construction materials, product data, schedule subminals, and other submittals for compliance with the
ConstTuction Documents. D/B shall keep the City advised of all such matters being reviewed and
approved by D/B and forward copies of such documents to City for review.
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7.1.13 Royalties and Other Fees. D/B shall pay royalties and license fees, if applicable. D/B shall defend
suits or claims for infringement of patent rights and shall defend and hold City and City's agents
harmless from loss on account thereof
7.1.14 Provide City with a Detailed Construction Schedule (DCS) on an disc (CD) within fourteen (14)
working days after receiving Notice to Proceed with Phase IV, provide updated versions ofDCS on a
monthly basis, and provide immediate notice of any impact on critical path "items.
ARTICLE VIll. SUBCONTRACTING
8.1 Subcontractin!!.
8.1.1 Design Services. D/B shall perform or obtain the prior written consent of the City to subcontract all
design services for the Project utilizing qualified, licensed and sufficiently e,xperienced architects,
engineers and other professionals (herein jointly "Design Consultants") as identified in Exhibit
[INSERT]. DIB shall not be permitted to substitute any Design Consultant unless authorized by City.
8.1.2 Construction Services. D/B shall perform all construction on the Project utilizing subcontractors
appropriately licensed by the California Contractors State License Board or other required agency.
ARTICLE IX. PROJECT SCHEDULE
9.1 Proiect Schedule. D/B shall perfonn and complete the Services and Work under this Agreement according to
the timeframes set forth in the Project Schedule, attached hereto as Exhibit ""A", or a subsequently revised
Project Schedule in such a manner that the GMP or Contract Time aftile Project shall not be exceeded and that
is consistent with the Standard of Care identified in Section 4.1.
9. L 1 Project Schedule. DIB has submitted, as part afits proposal, a Project Schedule based on its estimate
of the time necessary to complete the Project. Actual construction duration.
9.1.2 DIB's ObUgalion. Subsequent to the effective date of this Agreement, D/B shall provide, coordinate,
revise, and maintain the Project Schedule for all phases of the Project.
9.1.2.1 During the Project initiation and design phases, the D/B shall submit an updated Project
Schedule monthly to the City for approval.
9.1.2.2 During Construction, D/B shali submit an updated Project Schedule monthly. to the City and
shall include:
9.1.2.2.] Forecast Data with the intended plan for the remainder of the contract duration.
9.1.2.2.2 Actual Data with indications of\\'hen and how much Work and/or Services was
performed (% complete).
9; 1.2.2.3 Logic changes or other changes required to maintain the Project Schedule.
9.1.3 Detail and Farmat. The Project Schedule shali be subslantialiy similar in detail and form to Exhibit
[INSERT], or it shall be in the form subsequently agreed to by the Parties.
9.l.4 S'l.lbmiIlal. Project Schedule shall be submitted to City on a computer disk in a version of Microsoft
Project.
9.2 Proiect Comnletion. DIB acknowledges that all work on the Project under this Agreement will be complete
and ready for its intended use by the Project Completion Date, August 1010.
9.3 Chnn2:es in Proiect Schedule. Changes in Project Schedule. whether to logic, definition, or relationship must
be approved by the City in writing as a Change Order pursuant to the manner identified in Article XIII.
ARTICLE X. DELAY IN PERFORMANCE
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10.1 Time of Essence. Time is of the essence for this Agreement and each provision of this Agreement, including
the Project Schedule, Start Date, and Project Completion Date contained herein, unless otherwise specified in
this Agreement. DfB shall perform all Services and Work as expeditiously as is consistent with standard of
care identified in Section 4,1.
10.1 Notific:ltion of Delav. If the DIB anticipates or has reason to believe that the performance of Services and/or
Work under this Agreement will be delayed, the DfB shall immediately notilY the City. A written notice of the
delay must be delivered to the City within five (5) Calendar Days ofthe initial notification, unless the City
allows an additional period of time to ascertain more accurate data in support of the request. The written notice
shall include an explanation of the cause of the delay, a reasonable estimate of the length of the delay, and ,:!-ll
supporting data. The D/B shall include a \vritten statement that the time adjustment requested is the entire time
adjustment to which DIE has reason to believe it is entitled as a result of the cause of the delay. An increase in
time for completion does not necessarily mean that D/B is entitled to an increase in GMP. If in the opinion of
the City, tne delay affects a material part of the Project, the City may exercise its rights under Article XXVII of
this Agreement or any other remedy available in law or equity,
10.3 Delav. If delays in the performance of Services or Work required under this Agreement are caused by
unforeseen events beyond the control of the Parties, such delay may entitle the D/B to a reasonable extension
oftirne or to additional compensation. Any such extension of time must be approved in writing by the City.
The following conditions may justify such a delay: war; changes in la\\' or government regulation; Jabor
disputes; strikes; fires, floods, adverse weather or other similar condition of the elements necessitating
cessation of the DIB's work; inability to obtain materials, equipment, or labor; required additional Prof~ssional
Services~ or other specific reasons agreed to bet\veen the City and the D/B; provided, however, that: (i) this
provision shall not apply to, and the DiE shall not be entitled to an extension of time, additional costs. or
expenses for, a delay caused by the acts or omissions of the 0/8, its consultants, contractors, employees, or
other agents; and (ii) a delay caused by the inability to obtain materials, equipment, or labor shall not entitle
the D/B to an extension of time unless the D/B furnishes the City, in a timely manner, documentary proof
satisfactory to City of the DIE's inabilir;' to obtain materials, equipment, or labor,
10.3.1 Caused by City. If D/B reasonably believes that any action, inaction, decision or direction by City or
agent for the City will likely result in the GMP or Contract Time being exceeded or the Project being
completed late, DIB 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. DIB
shall provide complete and accurate pricing within ten (10) calendar days of said discovery.
10.4 Costs or OeJ:wfLiouidated Dama!!es. City and D/B recognize that time is !Jfthe essence in this Agreement
and that City will suffer financial loss if the Project is not completed by the Substantial Completion Date
identified in the Project Schedule or any extensions subsequently approved. As the exact amount of financial
loss cannot be accurately forecasted, the Parties have used their best efforts to establish an estimate of such
loss. In doing so, the Parties have examined all of the circumstances and factors associated with a delay and
have determined an amount that is fair and reasonable as liquidated damages. City and D/B agree that DIB
shaB pay as liquidated damages (but not as a penalty) for each calendar day of delay beyond the time specified
for Substantial Completion of the Project, the following amounts which DIB expressly agrees are '''not
unreasonable under the circumstances" as defined in California Civil Code S 1671 (b): $100 for each calendar
day. Liquidmed Damages shall not be assessed after the date on which Substantial Completion is achieved. In
lieu of paying damages to the City, the Parties agree that City may choose to reduce the GM? by the amount of
the liquidated damages.
ARTICLE XI. PROJECT COSTS
l].! Estimated Cost. The Estimated Cost of Project, according to the RFP Three Hundred Thirty Eight Thousand
Eight Hundred Ten Dollars (S 338.8 lO.OO.L The City's obligation under this Agreement shall not exceed the
Estimated Cost; however, once a GMP is detennined and approved, the GMP shall become the not to exceed
amount of the City's obligation. GMP is subject to change pursuant to methods es~ablished in this Agreement.
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11.1.1 Cost Schedule. The GMP has been allocated among each activity or portion of the Project ("Itemized
Cast(s)"). The Itemized Costs are included in Exhibit "A", attached. The cost incurred by the DIB for
a specific activity ar portion of the Project shall not exceed the associated Itemized Cost.
11.2 GMP. At 90% complete construction documents, DIB shall establish a GMP and submit such GMP to the
City for approvaL
11.2.1 Not 10 Exceed AmOll/1t. The GMP shall not exceed S 338.8 10.00 Any costs incurred by DIB in excess
of said GMP shall be the sole responsibility of the DIB, unless a Change Order is approved by the City
pursuant to Article XIII of this Agreement.
112.1.1 Included Costs. In calculating the GMP, D/S shall include costs of the fonowing:
11.1.1.1.1 AIl 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.
I 1.2.1.1.2 Estimating, value engineering and construction management.
11.1.1.1.3 Construction supervision and project manageJ!lent personnel, including but not
limited to superintendents, Project managers, Project secretaries, Project engineers,
Project accountants, and all other D/B personnel wherever located.
11.2.1.1.4 All on.site and off-site equipment., supplies and facilities, including but not limited
to, computers, estimating, dictating, communication and accounting equipment,
office space, trailers, field equipment and storage facilities.
.11.2.1.1.4.1 Option to Purchase. In no case shall the cumulative monthly rental
charges to the Project for equipment and Small Tools used by the D/B
exceed 90% of the fair market value of 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.
11.2.1.15 All Hard Construction Costs.
11.2.1.1.6 DfB Contingency Fund, \....hich shall not exceed 5% of Hard Construction Costs.
11.2.1.1.7 Reimbursable Costs. Example: Utility fees.
11.2.1.1.8 D/B Fixed Fee for the complete design and con~truction ofehe entire Project as
specified in tile 90% CD's.'
11.2.1.1.9 No more than $26,351.00 for Design Services and General Conditions.
11.2.1.1.10 All hame.office and field overhead costs of any type including document control
and retention;
1 1.2.1.1.11 All business license costs;
1 1.2. 1.1. I2 AU profit DIB intends to earn under this Agreement.
11.2.1.1.13 All direct and incidental costs incurred by DIB, except for those specifically
identified under the General Conditions section.
11.2.1.1.14 OTHER. NIA
11.2.1.1 Full Compensation. Unless othenvise expressly provided in this Agreement, GMP shall be
the maximum amount of compensation to due [0 D/B for all pennitted costs of any type
incurred by DIB in performing all services and obligations under this Agreement.
1l.2.2 Itemization. D/B shan provide City with an itemization of the GMP that reconciles the GMP with the
itemized costs. The itemization shalI include the following:
11.2.1.1 D/B Fixed Fees. The fees charged by the contractor for staff, equipment, office space and
overhead during the term of the project
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11.2.1.2 Hard Construction Costs. Hard Construction Costs broken down into categories for-each of
the major trades for the Project, which will include labor, material expenses, equipment costs,
and a reasonable D/B Contingency Fund.
11.1.1.3 [NtA
11.2.3 Alternate Bid items. DIB shall prepare, with the cooperation of the City, alternate bid items to assure
that the cost of the Project wiII not exceed the OMP.
11.1.4 Adjustmel1fs 10 GAl? Based on Approved Change Orders. GMP may be changed, increased or
decreased, based on Change Orders approved pursuant to Article XIII.
112.5 Adjustments Based on Other Cost Increases. GMP may be increased due to: (i) acts of God, acts of any
govemm~ntai authority, the elements, war, litigation, shortages of material, labor strikes, inflation,
later commonly accepted or adopted higher standards and specifications of construction, concealed or
unknown conditions encountered in the completion of the Project, or other cause beyond D/B's
control, (ii) actual bids received being greater than estimated, or (Iii) other factors not the result of
unreasonable conduct by D/B. The G MP may be increased by the amount of such increases; however,
if GMP as proposed to be increased shall exceed the Estimated Costs, such change to GMP shall be
subject to approval by City Council. .
11.3 Duty to Ad....ance Costs. DIB shall advance all costs for Project subject to Reimbur~ement in the manner
described in Article XVI.
11.4 Use of Proiect Contin~encv. Project Contingency shall not be used without prior, written City approval and
shall not be used for: (i) work required due to D/8's, its officers', agents' or employees' failure to perform
Work or Services according to the terms of this Agreement, in compliance with the Construction Documents.
and/or Law; or (ii) uninsured losses resulting from the negligence of D/B, its officers, agents, or employees.
J 1.5 Notification of ["creased Costs. If, at any time, the D/B anticipates that the amount expended on the Project
will exceed the Estimated Cost Qr the GMP, when established, the D/B shall immediately, not more than ten
(to) Working Days from becoming aware of the potential increase, notiry the City in \\Titing. This written
notification shall include an itemized cost estimate and a list of recommended revisions that the D/B believes
will bring the Project cost to within the Estimated Cost or GMP. Following the delivery of the Notice, D/B
shall assist the City in reviewing the itemized cost breakdown and adjusting the Scope of Work and
establishing a revised Project, the cost of which will not exceed the Estimated Cost or OMP, once establish.
11.5.1 City Action. Following consultation with the DfB, the City may choose to: (i) approve an increase in
the amount authorized for ~le Project; (ii) delineate a project, which ~ay be constructed for the budget
amount; (iii) any combination of (i) and (ii); or terminate the Project 'subject to the termination
provisions in Article XXVII.
ARTICLE Xl[. PRODUCTS
11. I Submittals. Prior to the bidding process, DIB shall submit for City approval a tist ofproduclS intended for use
in the Project. Upon D/B's completion of plans and specifications, City will review and approve products
specified therein. DIE shall provide City a copy of each submittal for City approval throughout the duration of
construction within twenty (20) Calendar Days ofD/B's receipt of submittal. Approval is general approval only
and in no way relieves DIB of its sole responsibilities under this Agreement or any and all laws, codes, permits
or regulations.
12.2Substitutions. D/B shall submit all requests for product substitutions to City in writing within thirty (30)
Calendar Days after the date of award oftbe construction contract. After expiration of the thirty (30) Calendar
Days, City will allow substitution only when a product becomes unavailable due to no fault of DIE's
contractor. City shall review substitution requests within thirty (30) Calendar Days of submission of such
requests. D/B agrees that City requires Consultant's input and as such D/B shall coordinate a five (5) Working
Day review by its Consultant.
12.2.] Substamiale Request. D/B shall include with each substitution request complete data substantiating
that the proposed substitution confonns to requirements of the Contract Documents.
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12.2.2 DIE Represe11lations. By submitting a substitution request, DIE is representtn'g to City all of the
following: (i) D/B has investigated proposed product and detennined that in all respect the proposed
product meets or exceeds the specified product; (ii) D/B is providing the same warranty for the
proposed product as was available for the specified product; (iii) D/B shall coordinate installation and
make any other necessary modifications which may be required for work to be complete in all respects;
and (iv) D/B shall waive any claims for additional costs related to the substituted product, unless the
specified product is not commercially available.
12.2.3 Separate Wriuen Request. City wiII not consider either substitutions that are implied in the product
data submittal without a separate written request or substitutions that wiIi require substantial revision
of construction contract documents.
12.3 Samples.
12.3.1 Postage. Samples shall be sent to D/B's office, carriage prepaid.
12,3.2 Review. D/B shall furnish to City for review, prior to purchasing, fabricating, applying or installing,
(2) two samples (other than field samples) of each required material with the required finish.
12.3.2.1 Where applicable, all samples shall be 8" x 10" in size and shall be limited in thickness to a
minimum consistent ""ith sample analysis. In lieu thereof, the actual full-size item shall be
submitted.
12.3.1.1 D/B shall assign a submittal number. D/B shall include with each submission a list of all
samples sent, a statement as to the usage of each sample and its location in the Project, the
name of the manufacturer, trade name, style, model, and any other necessary identifying
information.
12.3.23 All materials, finishes, and workmanship in the complete building shall be equal in every
respect to that of the reviewed sample.
12.3.2.4 City will return one submitted sample upon completion of City review.
12.3.2.5 D/B's, or DIB's agent's, field samples shall be prepared at the site. Affected finish work shall
not commence until D/B or its agents have been given a written review of the 4e1d samples.
11.3.3 Not a Release oj Liability. City's review of samples in no way relieves D/B of D/B's responsibility for
construction of Project in full compliance with all Contract Documents.
12.4 Observe Testio!:!. When appropriate, DIB shall witness testing and review materials and equipment testing
results and provide comments regarding conformance with specification requirements.
ARTICLE XIII. CHANGE ORDERS
13.1 When Reauired. Change Orders shall be required in the following instances: .
13.1.1 OMP. Any adjustment in GMP.
13.1.2 Contract T;me. Any adjustment in Contract Time of Completion Date.
13. 1.3 Use a/Contingency Fund. At any time OrB seeks to use the Contingency Fund, irrespective of impact
on the GMP or Contract Time.
13,1.4 City Requests. The City directs D/B to perform Additional Services.
13. 1.5 Other. Any other instance for which this Agreement expresses that a Change Order shall be used.
13.2 Process for Anorov3J of Chanl!e Orders. Within five (5) Calendar Days of any event that gives rise to the
need for a Change Order, the D/B shall provide the City with written notice of the need for the same, The
Change Order must indicate whether the change will affect, in any way, by increasing or decreasing, tJ1e GMP,
Project Schedule, or project quality established during the design and submittal review process. In addition, it
shall be accompanied by a detailed and complete estimate of cost impact associated with the Change Order,
including all appropriate direct and indirect costs and credits, All such costs and credits shall be accurately
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categorized into D/B Fixed Fee, Reimbursable Costs or Hard Construction Costs. D/B shall also provide City
with a realistic estimate of the impact, ifany, the Change Order will have on the Contract Time.
13.2. I Project Manager Approval. {f the Change Order request does not result in an increase in the Estimated
Cost, the City's designated Project Manager shall either approve or reject the Change Order in writing
within ten (I 0) Working Days of receiving D/B's written notice, provided DIB has submitted complete
documentation substantiating the need for such Change Order. If City fails to respond to OIB's written
notice within the ten (10) Working Days, the Cha.nge Order request shall be deemed denied.
13.2.2 CiO' Council Approval. 'For Change Orders not subject to section 12.2. I, City Council approval is
required. The City Council may either approve, reject, or approve in part such Change Orders.
Council Approval shall not be subject to the ten (10) Working Day response time provided ror in
section 12.3.1.
13.3 Written Aooroval of Chan!!e Orders. DIB shall not proceed on work requested under a Change Order,
absent written approval from the appropriate authority. Any Services or Work, which require t he approval of
a Change Order, perform by D/B prior to approval shall not be reimbursed.
13.4 Failure to Af!ree on Cost ofChane:e Order or Time. In the event there is any disagreement or dispute
bet\\'een the Parties as to whether the D/B is entitled to a Change Order, the amount of the Change Order or
any increase in Contract Time requested through the Change Order, the dispute shall be resolved by the
Director of Public Services. If the determination of the Director of Public Works is challenged, such challenge
shall be address in the manner identified in Section 27. 11. DIB shall not have the right to stop or delay in the
prosecution of any services or work, including services or work that is the subject of the Change Order (if
directed by the City), pending the determination of the Director of Public Services or, if applicable, final
resolution. Instead., DIB shall continue diligently prosecuting all such services and work.
13.4 Full Comnensation. Payment to DIB for Change Orders shaIl provide full compensation far all equipment,
materials, labor, field and home office overhead, markwups, and profit necessary to complete the work. By
executing a Change Order, the D/B or D/B's representative acknowledges that no additional compensation or
claims for items of work listed in the Change Order wiII be aHowed.
13.5 Errors and Omissions. DIB shall not be reimbursed for any costs or expenses of a Change Order resulting
from a design error or omission, D/B's negligence, o~ the negligence of any of OIB's agents or subagents. OrB
shall be reimbursed for any costs or expenses of a Change Order resulting from a design error or omission that
is the direct result ora City request for such design or omission. The City reserves the right to seek
reimbursements for any funds used due to errors or omIssions orthe Design Consultants, DiB's negligence, or
the negligence of an)' afD/S's agents, or subcontractors.
13.6 City Refusal to Annrove Chanae Order. D/B shall not have the right to terminate this Agreement for the
City's refusal to approve a Change Order pursuant to Sections 12.2.1or and 12..2.3
ARTICLE XIV. EXTRA WORK
14.1 City Authoritv to Order Extra Work. City may at any time prior to Project Completion order Extra Work
on the Project. The sum cfall Extra Work ordered shall not exceed five percent (5%) of the Estimated Cost at
the time of the Bid Award, without invalidating this Agreement and without notice to any surety.
14.1.1 Requests in Writing. All requests for Extra Work shall be in \',Titing, shall be treated as, and are
subject to the same requirements as Change Orders. D/B shall nat be responsible for failure to perform
Extra Work, which was requested in a manner inconsistent with this section.
14.2 Bonds Reouired for Extrn Wadi. D/B's and its agents' bonds, required under Article XXIV, shall cover any
Extra Work provided that the Extra Work is paid for by the Project Budget
14.3 Reimbursement for Extra Work. Work performed by DfB as Extra Work is reimbursable in the same
manner described in Article XVI. The Project contingency as described in Article X, will be used first to cover
the costs ofExtril Work..
14.4 Markup. DIB will be paid a reasonable allowance for overhead and profit for Extra Work.
shall not exceed ten percent (10%) of the approved costs for the Extra Work.
The allowance
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ARTICLE XV. CHANGED CONDITIONS
15. 1 Cham!ed Conditions. Changed Conditions shall be addressed under the Greenbaok section 3-4; however~
Parties acknowledge that even if Changed Conditions are found to be present, the Project shall not exceed the
GMP without express City Council approval of an increase to the Project. Budget. Absent such express
approval of additional funds, DIB shall provide City with value engineering and Parties will return Project to
within the total Project cost.
ARTICLE XVI. PAYMENT TERMS
16.1
Pavrnent
16.1.1 Funds/or Payment. D/B shall only be entitled to payment for Services and Work
performed under this Agreement from the funds appropriated for the Project.
16.1.2 Ailaxi11lum Payment. D/B shall be entitled to payment in an amount not to exceed the GMP or
subsequently approved increase in OM? DrB is not entitled to payment for unapproved expenses,
unapproved increases in costs, or other increases caused by DIB negligence, omissions, or failure to
seek approval for additional or increased costs.
16.1.3 Application/or Payment. D/B shall submit to City a certificate and application for payment on or
before tile 5" day of each calendar month ("Payment Application"). The Payment Application shall be
based upon the percentage of completion of the Schedule of Values plus any Reimburseable Costs, less
any payments previously made by the City, incurred or advanced for the Project for which D/B was
has not previously received payment. The Payment Application must include all relevant documents
in accordance with Section 15. I .6. If the City determines that all relevant documents have not been
submitted, City shall request that DIB provide additional documentation. D/B shall provide additional
documentation within ten (10) Working Days of request. City is not obligated to make payment to DIB
until City has received all relevant documentation to support Reimbursement Request. After all
appropriate cost documentation has been received and City approves the Payment Application. City
shall make payment to D/B of all uncontested charges within thirty (30) Calendar Days. of receipt of a
complete Payment Application.
16.1.3. I Witllholding. From each payment, ten percent (10%) will be deducted and retained by the
City, and the remainder will be paid in accordance with the terms and conditions of this
Agreement. No payment made to D/B or its sureties will constitute a waiver of any rights the
City has under this Agreement. This section is not intended to limit any rights the City may
have under the Performance or Payment Bond. In lieu of withholding retention under this
Agreement, at the election qfD/B, City will deposit retention amounts into escrow and/or the
substitution of securities for money as provided in California Public Contract Code Section
22300.
16.1.3. 2 Payment of Withholding. The City will pay the D/B for the amounts withheld forty-five (45)
Calendar Days from recordation of the Notice of Completion, providing that no Stop Notices
or Mechanic's Liens have been filed since the recordation of the Notice of Completion.
16.1.5.2.1 Where a Stop Notice or Mechanic's Lien has been filed following the recordation of
the Notice of Completion, the amount in controversy shall continue to be withheld
until a fully executed release of Stop Notice or Mechanic's Lien has been filed and
a conformed copy delivered to the City.
16.13. 3 Contested Charges. Ln the event City contests any charges contained in the Payment
Application, the dispute shall be res9lved in the manner identified in Section 27. ] I. DIB
shall not have the right to stop or delay in the prosecution or any Services of Work, pending
the determination of Lie Director of Public Services or, if applicable, final resolution. Instead
D/B shall continue to diligently prosecute an Work and Services. During the time of the
dispute. the City shall withhold the amount of the charge in question.
16.1.3. 4Cutoff for Submission of Reimbursement Requests. DIB shall submit all Reimbursement
Requests within six (6) months of the date on which Final Completion occurs and City
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accepts the Project. Any Reimbursement Request submitted after the Cutoff Date shall not be
reviewed or included in Reimbursable Cost.
16.1.4 Verification o[ReimbllJ'semenl Reques(, DIB shall supply documentatian to support the
Reimbursement Request including, but not limited to, proof that all mechanic liens have been released,
copies of invoices received and copies of cancelled checks, substitute checks, or image replacement
documents showing that payment has been made in connection with the Reimbursement Request in the
following manner:
16.1.4. 1 DIB shall submit nvo (2) copies of a Reimbursement Request (cover letter, invoice, and
documentation) to ~he City.
16.1.4. 2 After review and approval, the City shall prepare a memorandum to the Financing
Department that the invoice is appropriate to pay. The memorandum shall indicate any costs
to be disallowed and the reason for the disallowance.
16.1.4. 3 Prior to the approval of the Reimbursement Request, City has the right to verify whether or
not the materials and work for which reimbursement is being requested have been installed
and perfonned as represented in the Reimbursement Request.
16.1.5 Non-reimbursable Costs. Except to L1e extent that City expressly assumes the risk of loss under this
Agreement, City shall exclude from the amounts payable to DfB the fair value, as determined by City,
of property that is destroyed, lost, stolen, or damaged rendering it undeliverable or unusable for City.
In addition, D/B is not entitled to reimbursement for any cost or expendirure that has not been
approved by ,the City in the manner required by this Agreement or the City Charter and rules,
regulations, or laws promulgated there~under.
ARTICLE XVII. INSPECTION
17.1 Insoection Team. The Project shall be inspected by a team composed of, at a minimum, the following: i.)
representatives of the City, ii.) representative from D/B's Design Team, iii.) t!,e Construction Manager, and
iv.Representative, (iii) DIE's Consultant(s), and (e) the D/B's construction superintendent [Inspection Team]
17.2 '"saecHao St:l2:cs. The Project shall be inspected by the Inspection Team at minimum during the following
stages; (i) when required by code,.(ii.) as directed by the U Special Inspections:' provision, (iii) bi-weekly.
17.3 Access, City, its consultants, subcontractors, independent testing laboratories as well as other governmental
agencies with jurisdictional interests will have access at.reasonable times with the project manager's approval
for this observation, inspecting and testing. DIB shall provide them proper and safe conditions for such access
and advise them ofD/B's safety procedures and programs so that they may comply.
17.4 Additional Insnections. City will make, or have made, such inspections and tests, as the City deems
necessary to see that the Work is being accomplished in accordance with the requirements of the Construction.
17.5 Notice. D/B shall give City timely notice of readiness of the Work for all required on and off-site inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or
tests. DIB shall give at least 24 hours notice for on-site inspection'and five (5) days notice for off~site
inspection.
17.6 Costs orTnsnection. Unless otherwise specified, the cost of inspection and testing will be borne by the City.
Any expenses associated with re-inspection shall be borne by 0/8.
17.7 Conce:llin2: Work. Prior to concealing work, D/B shall obtain approval of work from the City and as required
by all State Building Codes. City has the right to stop or suspend Work activities which will conceal or cover
up DIB Work product which is to be inspected or tested, or which will interfere with the inspection or testing
activities, for a reasonable time and DIB will have no right to additional cost or time it may incur as a result of
the Work stoppage,
17.8 Defective Work. In the event such inspections or tests reveal non-compliance with the requirements of the
Construction Documents or defective work, the provisions and process of Article XXII shall apply.
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17.9 Not a Waiver of Oblicrations. Neither observations by the City nor inspections~ tests, or approvals by City or
others shall relieve D/B from DIB's obligations to perform the Work in accordance with the Construction
Documents. This approval is general approval only and in no way relieves DIB of its sole responsibilities under
this Agreement or any and all laws, codes, permits or regulations.
ARTICLE XVlIl. PROJECT COMPLETION
18.1 Notice to Citv. When D/B determines that the Project is complete, D/B shall notify the City in writing of the
Projects status within seven (7) Calendar Days of the D/B's determination. The notice shall certify to City that
the Project has been completed in accordance with the Construction Documents~ all applicable building codes
and regulations, all permits, licenses, and certificates of inspection, use and occupancy. and ordinances relating
to the Project.
18.2 W:llk.- Throu!!h lnsnection. A preliminary Walk-Through Inspection shall be conducted by City within ten
(10) Working Days following DlB's notice to City of completion ("Walk-Through Inspection"). The Walk-
Through Inspection will be conducted by the Inspection Team identified in Article XVIl, Section 16.!.
18.2.1 Punch Ust. A Punch List, if necessary, shall be prepared by City during the Walk-Through Inspection.
The Punch List shall be presented to bIB by the RE within three (3) Working Days of the Walk-
Through Inspection, DIB shall correct the items listed on the Punch List within thirty (30) Calendar
Days of receipt of the punch list and prior to the Final Inspection.
18.2.2 Failure to Identify /lems. As to any items not included on tl"e Punch List or later discovered, nothing
in this section is intended to limit D/S's obligations under this Agreement and City will maintain all
remedies available under this Agreement and the law. '
18.3 Eauinment Demonstration. Prior to final inspection, DIB shall demonstrate to City the operation of each
system in the Project, and instruct City personnel in operation, adjustment and maintenance of equipment and
systems, using the operation and maint.enance data.
18.3.1 Startup. The D/S shall supervise, manage, and coordinate all project startup and testing activities for
mechanical systems within the provisions of the project Contract Documents.
1832 Reporting. The DIB shall report progress of project startup and testing to the City in a manner
consistent with the City's reporting system.
18.4 Final 1 nsnection. Provided D/B has corrected the Punch List items and notified the City of the correction
("Notice of Correction"), the Final Inspection for the Project shall be scheduled and conducted within ninety
(90) Calendar Days of the Notice of Correction.
ARTICLE XIX. PROJECT ACCEPTANCE AND FINAL COMPLETION
19.1 Acceotance. Upon approval by the lnspection Team during the Final Inspection that Project improvements are
complete and that work required on the Punch List has been finished, City shall accept the Project
('IAcceptance"). Upon Acceptance, D/B shall do all of the following:
19.1.1 Notice of Completion. D/B shall execute and file a Notice of Completion with the County Recorder of
San Diego County and shall provide the RE with a conformed copy of the recorded Notice of
Completion.
19.1.2 Lien and kfat~rial Releases. D/B shall cause all contractors and subcontractors to provide lien and
material releases as to the Project and provide copies of such lien and material releases to the City or,
upon approval of City which shall not be unreasonably withheld, provide bonds in lieu oflien and
material releases in a form reasonably acceptable to City for all such work.
19.2 Final Comoletion. Final Completion of the Project shall be deemed to occur on the last date of the following
events: (1) recordation of the Notice of Completion with a conformed copy to City; (ii) submission of all
documents required to be supplied by D/B to City pursuant to this Agreement, including As-Built Drawings,
warranties, and operating and maintenance manuals; or issuance ofa final certificate ofaccupancy.
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19.2.1 As-Builrs. City will evaluate the submitted As-Builts for accuracy and completeness and may return
comments. D/B shall meet with City until all issues are resolved. Upon issue resolution, in
accordance with disputed work procedures in Section 21.6, DIB shall 5ubmit a mylar set and three
(3) final blueline sets of As-Builts stamped by the architect/engineer of record as required by law.
19.2 No Waiver. D/B's obligation to perform and complete the work in accordance with the Contract Documents
shall be absolute. Neither recommendation of any progress pa)TI1ent or acceptance of work, nor any payment
by City to DIB under the Contract Documents, nor any use Dr occupancy of the Project or any part thereofby
City, nor any act of acceptance by City, nor any failure to do act, nor any review of a shop drawing or sample
submittal, will constitute an acceptance of work, which is not in accordance with the Contract Documents.
ARTICLE XX. PROJECT DELlVERABLES
20.1 Proiect Oeliverables. Prior to Acceptance, DIB shall deliver all of the foHowing to the City in the format
required:
20.1. i As-Bullts. D/B shall provide As-Builts in 3 sets of paper and electronic format (pdt) or CAD files on
CD disks.
20. 1.1.1 As-Builts shall show by dimension accurate to within one (1) inch, the centerline of each run
of conduits and circuits, piping, ducts, and other similar items as determined by City, both
concealed and visible. D/B shall clearly identify the item by accurate note such as "cast iron
drain," galvanized water, etc. DIE shall clearly show, by symbol or note, the vertical location
of the item ("under slab", "in ceiling", "exposed", etc.), and ma.t,:e all identification
sufficiently descriptive that it may be related reliably to the specification. D/B shall
thoroug.hly coordinate all changes on the As~Builts making adequate and proper entries on
each page of specifications and each sheet of drawings and other documents where entry is
required to properly show the change.
20. I. 1.2 DIB shall include all of the following on tile As-Builts:
20.1.1.2.1 Depth of foundation in relation to finished first floor.
20.1.12.2 Horizontal and vertical locations ofund~rground utilities and appurtenances,
with references to permanent surface improvements.
20. 1.I.2.3 Locations ofintemaI utilities and appurtenances, with references to visible and
accessible features of the structure.
20. 1.1.2.4 Field changes of dimensions and details.
20. 1.1.2.5 Changes authorized by approved proposal requests, construction Change Orders,
discussion with City that resulted in any change/deviation from City's program,
specifications, approved plans, equipment or materials.
20. 1.1.2.6 Details not issued with original Construction Drawings, designlbuild plans
deferred approvals, etc.
20.1.1.2.7 Upon completion of work, obtain signature of licensed surveyor or civil engineer
on the Project record set verifYing layout information.
20.1.1.2.8 Show locations of all utilities onwsite with size, Jnd type ofpipe, if different than
specified, and invert elevations of pipe at major grade and alignment changes.
20. 1.1.2.9 .The title "PROJECT RECORD.. in 318" letters.
20. 1. 1.3 DIB shall maintain a set of AS4Builts at the Project site for reference. DIB shall ensure tbat
changes to the As~Builts are made within twenty-four (24) hours after obtaining information.
Changes shall be made with erasable colored pencil (not ink or indelible penen), shall clearly
describe the change by note (note in ink, colored pencil or rubber stamp) and by graphic line,
shall indicate the date of entry, shall circle the ar.ea or areas affected and, in the event of
overlapping changes, use different colors for each change.
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20.12 Operation and Alaintenance lc.fanuals. DIE shall submit all Operation and Maintenance manuals
prepared in the following manner:
10.1.2. I In triplicate, bound in 8\1, x II inch (216 x 279 mm) three-ring size binders with durable
plastic covers prior to City's Final Inspection.
20.12. 2 A separate volume for each system, induding but not limited to, mechanical, electrical,
plumbing, roofing, irrigation, and any other system as detennined by City, with a table of
contents and index tabs in each volume as follows:
20. 1.2. 2.1 Part 1: Directory, listing names, addresses, and telephone numbers of DIB's
subcontractors, agents, suppliers, manufacturers, and installers.
20. 1.2, 22Part 2: Operation and Maintenance Instructions, arranged by specification
division or system. For each specification division or system, provide names,
addresses and telephone numbers of DlB's agents, suppliers, manufacturers, and
installers. In addition, list the following: (i) appropriate design criteria; (ii) list of
equipment; (Hi) parts list; (iv) operating instructions;(v) maintenance instructions,
equipment; (vi) ty1aintenance instructions, finishes; (vii) shop drawings and
product data; and (viii) warranties.
20.2 Ownershin ofProiect Dclivcrables. Upon Final Completion or Termination, Project Deliverables shall
become the property oftbe Ciry. DIB and Ciry mutually agree that the Contract documents for the Project
shall not be used on any other work without the consent of each Parry. Assemble and deliver to City upon
Final Completion all records, documents, warranties, bonds, guarantees, maintenancel service contracts, and
maintenance and operating manuals
ARTICLE XXI. WARRANTIES
21.1 Warranties Reauired. DIB shall provide and require its agents to provide the warranties listed below. This
warranty requirement is not intended to' exclude, and shall not exclude, other implicit or explicit warranties or
guarantees required or implied by law.
11.1.1 A'larerials and Workmanship. D/B shall guarantee, and shall require its agents to guarantee, all work
on the Project against defective workmanship and materials furnished by DIE for a period of one (1)
year from the date of Project's Final Completion. D/B shall replace or repair any such defective work
in a manner satisfactory to City, after notice to do so from City, and within the time specified in the
notice.
21.1.2 New Materials and Equipment. D/B shall warrant and guarantee, and shall require its agents to
warrant and guarantee, to City that all materials and equipment incorporated into the Project are new
unless othenvise specified.
21.1.3 Design, Construction, and Other Defecls. DIB shall warrant and guarantee, and shall require its agents
to warrant and guarantee to City that an work is in accordance with the Plans and Specifications and is
not defective in any way in design. construction or otherwise.
21.2 Form and Content. Except manufacturerts standard printed warranties, all warranties shall be on DIB's and
DIB's agent's, material supplier's, installer's or manufacturer's own letterhead, addressed to City. All
warranties shaH be submitted in the format specified in this section', modified as approved by City to suit the
conditions pertaining to the warranty.
21.2.1 Durable Binder. Obtain warranties, executed in triplicate by 0/8, D/B's agents, installers, and
manufacturers. Provide Table of Contents and assemble in binder with durable plastic cover.
11.2.2 Table ofCor1tents. All warranties shall be listed and typewritten in the sequence of the Table of
Contents of the Project manual, with each item identified with the number and title of the specification
section in which specified, and the name of product or work item.
21.2.3 Index Tabs. Separate each warranty with index tab sheets keyed to the Table of Contents listing.
21.2.4 Detail. Provide full information, using separate typev{ritten sheets, as necessary, List DIB's agents,
instaIIer, and manufacturer, with name, address and telephone number or responsible principal.
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21.2.5 Warran!)' Slart Date. Except for items put into use with D/B's permission with date mutually agreed
upon in writing, leave date of beginning of time of warranty open until the date of Final Completion.
21.2.6 Signature and Notarization. All warranties shall be signed and notarized. Signatures shall be required
from DIE's construction contractor and where appropriate, the responsible subcontractor.
21.3 Term of Warranties. Unless otherwise specified or provided by law, warranties shall extend for a tenn of
one (I) year from the date afFinal Completion.
21.3.1 Plants, Trees, and Shrubs. Not withstanding above, all shrubs and ground cover shall have a ninety
(90) Calendar Day warranty period and trees shall have a one (I) year warranty period. All plant
warranties shall commence from the date of Final Completion. N/A '
21.4 Meetim!s. During the one (1) year warranty peril;Jd described in Section 20.3, D/B shall meet, and shall
require its design Consultant, construction contractor, and key subcontractors to meet, with the City
representatives. on a monthly basis, ifrequested by City. This meeting shall be held to discuss and resolve any
problems that City discovers in design, construction, or furnishing, fixtures, and equipment of the Project
during the tlvo (2) year warranty period.
21.5 Warrantv Insoection. At 180 and 360 days'following Final Completion, during the one-year general building
warranty period, DIE shall inspect each component of the Project, identify items requiring repair, and oversee
and complete such repairs. Findings of such inspections shall be reported to the City.
ARTICLE XXII. DEFECTIVE WORK
22.1 Correction. Removal. or Reolacement. Ifwithin the designated warranty period, or such additional period as
may be required by law or regulation, the Project is discovered to contain Defective Work, the D/B shall
promptly and in accordance with the City's written instructions and within the reasonable time limits stated
therein, either correct the Defective Work, or ifit has been rejected by City, remove it from the site and replace
it with non-defective and confonning work.
22.2 City's Ri2ht to Correct. If circumstances warrant, including but not limited to an emergency or DIB's failure
to adhere to section 21. I, City may correct, remove, or replace the Defective Work. In such circumstances,
D/B shall not recover costs associated with the Defective Work and shall reimburse the City for all City's
costs, whether direct or indirect, associated with the correction or removal and replacement.
11 '
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Non-Reimbursable Costs. All costs incurred by DIB or D/B's agents to remedy defects are non-reimbursable
costs. If the City has already reimbursed the D/B for the defective work. City is entitled to an appropriate
decrease in Reimbursable Costs, to withhold a setoff against the amount, or .to make a claim against D/B' 5
bond if DiB has been paid in full. .
22.4 Extension of Warranty. When Defective Work, or damage therefrom, has been corrected, removed, or
replaced during the warranty period, the one (1) year, or relevant warranty period, will be extended for an
additional one (1) ye~ from the date of the satisfactory completion ofrhe correction, removal, or replacement.
22.5 No Limitation on other Remedies. Exercise of the remedies for defects pursuant to this Article shall not limit
the remedies City may pursue under this Agreement or law.
22.6 Disnutes. If D/B and City are unable to reach agreement on disputed work, City may direct DIB to proceed
with the work and compensate D/B for undisputed amounts. Payment of disputed amounts shall be as later
detennined by the Director of Public Services. If this decision is contested, the claims procedure in section
30.17 shall be followed. D/B shan maintain and keep all records relating to disputed work for a period of three
(3) years in accordance with Article XXVIII.
ARTICLE XXIlI. MAINTENANCE OF LANDSCAPING & IRRIGATION WORK
23,1 Maintenance Period, IfDIB is required to install or maintain landscaping and/or irrigation, DIB shall provide
a maintenance period which shall begin on the first day after all landscape and irrigation work on the Project is
complete, checked, approved by City, and City has given written approval to begin the maintenance period.
and shall continue thereafter for ninety (90) Calendar Days or until Project Acceptance, w~ichever is longer.
N/A
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23.2 Maintenance Area. DIE or DIB's Contractor shall maintain all involved areas of the Project N/A
23.3 Maintemmce Reauired. DIB or D/B's Contractor shall conduct regular planting maintenance operations
immediately after each plant is planted. Plants shall be kept in a healthy, growing condition and in a visually
pleasing appearance by watering, pruning, mowing, rolling, trimming, edging, fertilizing, restaking, pest and
disease controlling, spraying, weeding, cleaning up and any other necessary operation of maintenance.
Landscape areas shall be kept free ofweeds, noxious grass and all other undesired vegetative growth and
debris. D/B or DIE's Contractor shall replace all plants found to be dead or in an impaired condition within
fourteen (14) days. Maintenance shaH also include the following: (i) Filling and replanting of any low areas
which may cause standing water; (ii) Adjusting of sprinkler head height and watering pattern; (iii) Filling and
recompaction of eroded areas; (iv) Weekly removal of trash, litter, clippings and foreign debris; (v) Inspecting
plants at least twice per week; (vi) Protecting all planting areas against traffic or other potential causes of
damage. N/A
23.4 Landscaoe and IrriO'ation Insnection. At the conclusion of the maintenance period, City shall inspect the
landscaping and irrigation to determine the acceptability of the work, including maintenance. This inspection
shall be scheduled with two (2) weeks notice, a minimum of ninety (90) Calendar Days after the plant
maintenance period commencement, or when the DIB or DIB's contractor notifies the City that they are ready
for the finat inspection, whichever comes last: The City will notify D/B of all deficiencies revealed by the
inspection before acceptance. N/ A
23.5 Extension of Maintenance Period. DIE shall extend completion of the maintenance period when, in City's
opinion1 improper maintenance and/or possible poor or unhealthy condition of planted material is evident at the
termination of the scheduled maIntenance period. D/B shall be responsible for additional maintenance of the
work until all of the work is completed and acceptable. Additional costs for failure to maintain landscaping
during the Maintenance Period are not Reimbursable Costs. N/ A
23.6 Reol<Jcement. Plants found to be dead or not in a vigorous condition, or ifroat balls have been damaged,
within the installation, maintenance anc.f. guarantee periods, shall be replaced within fourteen (14) Working
Days of notification by City. DIB shall include, at DIB's or DIB's Contractor's expense, a timely written
diagnosis of plant health by a certified Arbons!, should a dispute arise. Arborist's report shall indicate reason
for lack of vigor, potential remedies, if any, and estimate of time required to regain vigor and specified size.
N/A
23.6.1 Same Kind and Size. Plants used for replacement shall be same kind and size as specified and shall be
furnishe~ planted and fertilized as originally specified. Cost of all repair work to existing
improvements damaged during replacements shall be borne by DIB and shall not be Reimbursable
Costs. N/A
ARTICLE XXIV. BONDS
24.1 Pavment Bond. D/B shall provide or require its Construction Contractor to provide City with a Payment
(material and labor) Bond in favor of City for one hundred percent (100%) of the Hard Construction Costs.
24.2 Performance Bond. D/B shaH pr~vjde or require its Construction Contractor to provide City with a Faithful
Performance Bond in favor of the City for one hundred percent (100%) of the OMP.
24.3 Term. The Payment Bond shall remain in full force and effect at least until the Project is accepted by the City
and aU claims for materials and labor are paid, for a minimum of forty-five (45) Calendar Days after the filing
of the Notice of Completion, except as otherwise provided by law or regulation. The Perfonnance Bond shall
remain in full force for thirty (30) Calendar Days following the filing date of the Notice of Completion and
Acceptance., (at which time it will convert to a ten percent (10%) warranty bond, which shall remain in place
until the end of all warranty periods set forth in this Agreement N/ A).
24.4 Certificate of A!!encv. All bonds signed by an agent must be accompanied by a certified copy of such agenfs
authority to act.
24.5 Licensino and Ratin!!. The bonds shall be duly executed by responsible surety companies admitted to do
business in the State of Calif ami a, licensed or authorized in the jurisdiction in which the project is located to
issue bonds for the limits required by this agreement, listed as approved by the United States Department of
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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, secured through an authorized agent with an
office in California, and have a minimum AM Best rating of"A~".
24.6 Form. All bonds shall be in the form prescribed by City Anomey.
24.7 Insolvencv or Bankruntcv. lfthe surety on any bond Furnished by the Construction Co'ntractor 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) Calendar Days thereafter substitute or require the substitution of
another bond and surety, acceptable to the City.
ARTICLE XXV. INDEMNITY & DUTY TO DEFEND
25.1 Indemnitv Defense and Hold Harmless - General Reauirement. Except for liability for Professional
Services covered under Section 24.2, D/B shall defend, indemnify, protect and hold harmless the City, its
elected and appointed officers and employees, from and against any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury, in law or equity, to property or perso~s, including wrongful
death, in any manner arising out of or incident to any alleged acts, omissions;'negligence, or willful misconduct
of 0/8, its officials, officers, employees, agents, and contractors, arising out of or in connection with the
performance of the Defined Services or this Agreement. This indemnity provision does not include any
claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the
sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising
from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of
the City, its agents, officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the 0/8, its employees, agents or officers, or any third party.
25.2 Professional Services. For those professionals who are required to be licensed by the state (e.g. architects,
landscape architects, surveyors and engineers) ("Design ProfessionalS"), Design Professionals shall defend,
indemnifY and hold the City, its officials, officers, employees1 volunteers, and agents free and harmless from
any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or
equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating
to any negligence, errors or omissions, recklessness, or willful misconduct of Design Professiomil, its officials,
officers, employees, agents, D/Bs, and contractors arising out of or in connection with the performance of the
Design ProfessionaPs Services. Also covered is liability arising from, connected with, caused by, or claimed to
be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees
which may be in combination with the active or passive J;1egligent acts or omissions of the Design Professional,
its employee~, agents or officers, or any third party. The Design Professional's duty to indemnify, protect and
hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful
misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the
Design Professional's obligation and duties under this Agreement.
25.3 Indemnification for Liens and Ston Notices. The D/B shall keep the Project and Property free of any
mechanic's liens and immediately secure the release of any stop notices. The DIB shall defend, indemnify,
protect, and hold harmless, the City, its agents, officers and employees from and against any and all liability,
claims, costs, and damages, including but not limited to, attorney fees. arising from or attributable to a failure
to pay claimants. D/B shall be responsible for payment of all persons entitled to assert liens and stop notices.
25-4 Indemnification for Hazardous Materials. D/B agrees to defend, indemnify, and hold harmless, the City, its
agents, officers and employees from and against any and all costs, damages, claims, and liabilities, induding
reasonable attorney fees, foreseeable or unforeseeable, directly or indirectly. arising from or related to the
Hazardous Materials identified in the Phase I or Phase n Reports, ifany, conducted pursuant to Article V.
D/B's indemnity shall survive the close of escrow. Seller expressly preserves its rights against other parties
and does not release, or waive its rights to contribution against, any other party.
25.5 Costs of Defense and Award. included in the obligations in Sections 24.1 through 24.4, above, is the DIB's
obligation to defend, at D/B's own cost, expense and risk, any and all aforesaid suits, actions or other legal
proceedings of every kind that may be brought or instituted against the City, its directors, officials, officers,
employees, agents and/or volunteers. DIB shall pay and satisfy any judgment, award or decree that may be
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rendered against City or its directors, officials, officers, employees, agents andlor volunteers, for any and all
legal expense and cost incurred by each of them in connection therewith.
25.6 Insurance Proceeds. D/B's obligation to indemnify shall not be restricted to insurance proceeds, ifany,
received by the City, its directors, officials, officers, employees, agents, andlor volunteers.
25.7 Enforcement Costs. D/B agrees to pay any and all costs City incurs enforcing the indemnity and defense
provisions set forth in this Article XXV.
25.8 'Survival. Consultant's obligations under this Article XXV shall survive the termination of this Agreement
ARTICLE XXVI. INSURANCE
26.1 General. D/B shall not begin work under this Agreement until it has: (i) obtained, and upon the City's request
provided to the City, insurance certificates reflecting evidence of all insurance required in section 25.2; (ii)
obtained City approval of each comp~'y or companies; and (Hi) confirmed that all policies contain the specific
provisions required by section 25.4.
26.2 Tvnes of Insurance. At all times during the tenn of this Agreement, D/B shall maintain insurance coverage as
follows:
26.2.1 Commercial General Liabilily. Contractor shall provide at its expense a policy or policies of
Commercial General Liability [CGL] Insurance written on an ISO Occurrence fonn CG 00 01 0798 or
an equivalent form providing coverage at least as broad and which shall cover liability arising from
premises and operations~ XCU (explosions, underground, and collapse) independent contractors,
productslcompleted operations, personal injury and advertising injury, bodily injury, property damage,
and liability assumed under an insured's contract (including the tort liability of another assumed in a
business contract). There shall be no endorsement or modification of the CGL Insurance limiting the
scope of coverage for either :cinsured vs. insured" claims or contractual liability. Contractor shall
maintain the same or equivalegt CGL Insurance as described herein for at least ten (10) years
following substantial completion of the work. All costs of defense shall be outside the policy limits.
The Policy shall provide for coverage in amounts not less than two million dollars (52,000,000) per
occurrence for Bodily tnjury, Personal Injury, or Property Damage. If Commercial General Liability
Insurance or other form with a general aggregate limit shall apply separately to this project/location,
the general aggregate limit shall be twice the required occurrence limit.
26.2.2 Commercia! Automobile Liability. For all ofD/S's automobiles used in conjunction with the Project
including owned, hired and non-owned automobiles, D/S shall keep in fun force and effect, a policy or
policies of Commercial Automobile Liability Insmance wrinen on an ISO fonn CA 00 01 1290 ora
later version of this fonn or equivalent form providing coverage at least as broad in the amount of one
million dollars ($ t,OOO,OOO) combined single limit per occurrence, covering bodily injury and property
damage for owned, non-owned and hired automobiles ["'Any Auto"]. All costs of defense shall be
outside the policy.
26.2.3 Architects and Engineers Professional Liability. Far all ofD/S's employees who are subject to this
Agreement, D/B shall keep in full force and effect, or D/B shall require that its architectlengineer(s} of
record keep in fuJI farce and effect errors and omissions insurance providing coverage for professional
liability with a combined single limit of one million dollars ($1,000,000) per claim and two million
dollars ($2,000,000) annual aggregate. DIB shall ensure both that (i) this policy retroactive date is on
or before the date of commencement of the Project; and (ii) this policy has a reporting period of three
(3) years after the date of completion or termination of this Agreement. DIB agrees that for the time
period defined above, there will be no changes or endorsements to the policy that increases the Citis
exposure to loss.
26.2.4 E.'rcess Liability. D/B shaH provide Excess Liability Insurance affording three million dollars
(53,000,000) in excess of General Liability and Employer's Liability limits afforded On primary
policies. The coverage will be subject to the same tenns, conditions, and exclusions found in the
primary policies.
26.2.5 ContraclOrs Pollution Liability. tfthe DIE or its Contractorsr Work includes cleanup, removal,
storage, or otherwise handling of hazardous or toxic chemicals. materials, substances, or any other
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pollutants, Contractor shall provide at their expense Contractors Pollution Liability [nsurance
appropriat~ to cover such activities in an amount not less than S3,000,000 Combined Single Limit per
occurrence/aggregate for bodily injury, property damage and remediation.
26.2.5.1 Claims made policies will include a five (j) year Extended Claims Discovery Period
applicable to this Agreement, if reasonably available.
16.2.5.2 The policy for t.~is insurance shall include Contractual Liability coverage. Such policy shall
be endorsed to specifically provide for \Vork performed under the Agreement.
26.2.5.3 The DIB or its Contractors of any tier shall furnish to the City a policy or Certificate of
Contractors Ponution Liability Insurance in which the Cily, its elected and appointed
officers, employees, and agents, and the D/B are named as additional insureds. The policy or
Certificate must plainly designate the name of the Project, name of the Disposal- Site, and
the penn its secured for its disposal. Thi-? Certificate must be Furnished to the City,
evidencing compliance with the outlined requirements, prior to the D/B or Contractor
beginning their Work on tre Project Any failure to furnish this policy or Certificate of
Insurance shall not relieve the D/B or ConlTactor from their obligations under this Section.
26.2.6 Hazardous Transporters Pollution Liability. lfthe D/B's or its contractors1 Work includes
transportation of hazardous or toxic chemicals, materials, substances or any other pollutants the D/B
or its Contractor of any tier shall provide, at their expense, Transporters Pollution Liability Insurance
in an amount not less than $3,000,000 Combined Single Limit per occurrencelAggregate for bodily
injury, property damage and remediation.
16.2..6.1 Claims Made policies will include a five (5) year Extended Claims Discovery Period
applicable to this Agreement, if reasonably available.
26.2.6.2 Such policy shall be endorsed to specifically'provide coverage for \Vork performed under
this Agreement. The. D/B or its contractors of any tier shall furnish the City with a policy or
Certificate of Hazardous Transporters Pollution Liability Insurance in which the City, its
elected and appointed officers and employees, and agents, the 0/8, and any upper tiered
contractor are named additional insureds.
26.2.6.3 Tbe policy or Certificate must plainly designate the name of the Project, name of the
Disposal Site, and the pennie; secured for its disposal. This Certificate must be Furnished to
the City, evidencing compliance with the outlined requirements, pnorto the D/B or
Contractor beginning their Work on the Project. Any failure to furnish this policy or
Certificate of Insurance shall not relieve the O/B or Contractor from their obligations under
this Section.
26.2.7 Worker's C0117pensalion. For all ofO/B's employees who are subject to this Agreement and to the
extent required by the State of California, D/B shall keep in full force and effect, a Workers.
Compensation Insurance and Employers' Liability Insurance to protect D/B against aU claims under
applicable state workers' compensation laws. The City, its elected officials, and employees will not be
responsible for any claims in law or equity occasioned by the failure of the DIB to comply with the
requirements of this sectien. That policy shall provide at least the statutory minimums of one million
($ I ,000,000) for Bodily Injury by Accident for each accident, one million dollars ($ 1.000,000) for
Bodily Injury by Disease each employee, and a one million dollars (SI,OOO,OOO) for Bodily Injury by
Disease policy limit.
26.2.7.1 Prior to the execution of the Agreement by the City, the D/B shall file the following signed
certification:
"I am aware of the provisions of SectIon 3700 of the Labor Code which requires every
employer to be insured against liability for worker's compensation or to undertake self-
insurance, in accordance with the provisions afthat code, and I will comply with such
provisions before commencing the perfonnance of the work of the Contract."
26.1.8 Builder's Risk. To the extent commercially available, the City shall provide a policy ofaaB risk""
Builders Risk Insurance. D/B shall add City a.nd its respective elected officials, officers, employees,
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agents, and representatives to the policy as loss payees, to the extent such insurance is commercially
available. Coverage will be provided for the Replacement Cost of Marerials, Equipment and Fixtures
destined to become a permanent part ofthe structure, and coverage will include Property in Transit and
Property in Offsite Storage. DIB shall also add its construction contractor, and the construction
contracto(s subcontractors to the policy as additional named insureds or loss payees, to the extent their
interest may appear. The limit for this policy shall be a minimum of$ 338,8 I 0.00 (GMP dollar
amount to reflect project soft and hard costs). It shall be D/B's responsibility to bear the expense of
any deductible. The Builders Risk coverage shal1 expire at the time such insured property is occupied
by City, or a Notice of Completion is filed, whichever occurs first. Contractor and its Subcontractors
will be solely responsible for any loss or damage to their personal property, including contractor's
tools and equipment owned. used, {eased or rented by the Contractor or Subcontractor.
26.3 R3tina ReQuirements. Except for State Compensation Insurance Fund1 all insurance required by express
provision of this Agreement shall be carried only by responsible insurance companies that have been given at
least an "'A" or "A-" and "Y" rating by AM BEST, that are authorized by the California Insurance
Commissioner to do business in the State of Cali fomi a, and that have been approved by the City.
26.3.1 Non-AdmilledCan'iers. The City will accept insurance provided by non-admitted, "surplus lines"
carriers only ifthe carrier is authorized to do business in the State of California and is included on the
List of Eligible Surplus Lines Insurers [LESLllist] with a current AM BEST rating of no less than
A:X.
26.4 Endorsements Reouired. Each policy required under Article XXV1, section 25.2 of this Agreement shall
expressly provide, and an endorsement shall be submitted to the City, that:
26.4.1 Additional Insureds. Except as to Architects and/or Engineers professional liability insurance and
Workers Compensation, the City ofChuIa Vista and its respective elected officials, officers,
employees, agents, and representatives shall be named as additional insureds.
26.4.1.1 Commercial General Liability. The policy or policies must be endorsed to include as an
Additionallnsured the City of Chula Vista and its respective elected officials, officers,
employees, agents, and representatives. Liability Additional Insured Endorsement must be
provided on ISO form CG 2010 (11/85) or equivalent, specifically, coverage afforded City
must be Primary and must not exclude Completed Operations. The coverage for Projects for
which the Engineer's Estimate is one million dollars (Sl,OOO,OOO) or more shall include
liability arising out of: (i) Ongoing operations perfonned D/B or on DIB's behalf, (ii) D/B's
products, (Hi) DfB's work, including but not limited to completed operations performed by
DIB or on D/B's behalf, or (iv) premises owned, leased, controlled, or used by DIB; the
coverage for Projects for which the Engineer's Estimate is less than one million dollars
($ I ,000,000) shall include liability arising out of: (i) Ongoing operations performed by D/B
or on D/B's behalf, (it) DfB's products, work, including but not limited to completed
operations performed by D/B or on D/B's behalf, or (iii) premises owned, leased, controlled,
or used by you~ Except that in connection with, collateral tOt or affecting any construction
contract to which the provisions of subdivision (b) of Section 2782 of the California Civil
Code apply, these endorsements shall not provide any duty of indemnity coverage for the
active negligence of the City ofChula Vista and its respective elected officials, officers,
employees, agents, and representatives in any case where an agreement to indemnifY the City
ofChula Vista and its respective elected officials, officers, employees, agents, and
representatives would be invalid under subdivision (b) of Section 2782"ofthe California
Civil Code. In any case where a claim or loss encompasses the negligence of the Insured and
the active negligence of the City of City of Chula Vista and its respective elected officials,
officers, employees, agents, and representatives that is not covered because of California
Insurance Code Section 11580.04, the insurer's obligation to the City of San Chula Vista and
its respective elected officials, officers, employees, agents, and representatives shall be
limited to obligations permitted by California Insurance Code Section 11580,04.
26.4.1.1 Commercial Automobile Liability Insurance. Unless the policy or policies ofComrnercial
Auto Liability Insurance are written on an ISO form CA 00 0 I 1290 or a later version of this
fonn or equivalent form providing coverage at least as broad, the policy or policies must be
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endorsed to include as an Additional Insured the City ofChula Vista and its respective elected
officials, officers, employees, agents, and representatives, with respect to liability arising out
of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; Except
that in connection with, collateral to, or affecting any construction contract to \vhicn the
provisions of subdivision (b) of Section 1781 of the California Civil Code apply, this
endorsement shall not provide any duty of indemnity coverage for the active negligence of the
City ofChula Vista and its respective elected officials, officers, employees, agents, and
representatives in any case where an agreement to indemnifY the City of Chula Vista and its
respective elected officials, officers, employees, agents, and representatives would be invalid
under subdivision (b) of Section 2782 of the California Civil Code. In any case where a claim
or loss encompasses the negligence of the Insured and the active negligence of the City of
Chula Vista and its respective elected officials, officers, employees, agents, and
representatives that is not covered because of California Insurance Code Section 1158Q.04,
the insurer's obligation to the City ofChula Vista and its respective elected officials, officers,
employees, agents, and representatives snaIl be limited to obligations permitted by California
Insurance Code Section 11580.04.
26.4.2 Primary and Non-Contributol}'. The-policies are primary and non-contributing to any insurance or
self-insurance that may be carried by the City ofChula Vista, its elected officials, officers, employees.
agents, and representatives with respect to operations, including the completed operations if
appropriate, ofthe Named Insured. Any insurance maintained by the City of Chula Vista and its
elected officials, officers, employeest agents, and representatives shall be in excess ofD/B's insurance
and shaU not contribute to it.
26.4.3 rVaiver of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in favor of the City
for each required policy providing coverage for the term required by this Agreement.
26.4.4 Project General Aggregale Limit. The CGL policy or poljcies must be endorsed to provide a
Designated Construction Project General Aggregate Limit that will apply only to the Work perfonned
under this Agreement. Claims payments not arising from the Work shall not reduce the Designated
Construction Project General Aggregate Limit. The Designated Construction Project General
Aggregate Limit shall be in addition to the aggregate limit provided for the products-completed
operations hazard. '
26.4.5 Written NoNce. Except as provided for under California law, the policies cannot be canceled, non-
renewed or materially changed except after thirty (30) Calendar Days prior wrinen notice by 0/8 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'(IO) Calendar Days'notice shall be provided.
26.4.3.1 The words "will endeavor" and "but failure to mail such notice shall impose no obligation or
liabnity of any kind upon the company, its agents, or representatives" shall be deleted from
all certificates.
26.4.6 Additional lnsurance. DIE may obtain additional insurance not required by this Agreement.
26.4.7 Prior to Starring rVork. Before performing any work, D/B shall provide the City with all Certificates
of Insurance accompanied by all endorsements.
26.5 Subcontractors. All coverages for subcontractors or subconsultants shall be subject to all of the requirements
stated herein. Subcontractors and Subconsultants shall be protected against risk ofloss by maintaining
insurance in the categories and at the limits required herein. Subcontractors and SubconsuItants shall name
City and D/B as additional insureds under its policies.
26.6 ObliQ"ation to Provide Documents. The DIB shall provide copies of documents induding but not limited to'
certificates of insurance and endorsements, and shall furnish renewal documentation prior to expiration of
insurance. Each required document-shall be signed by the insurer or a person authorized by the insurer to bind
coverage on its behalf. The City reserves the right to require complete, certified copies of all insurance policies
required herein.
26.6.1 Cooperation. The DIE 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
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limited to claims, audit, payroll, insurance records and safety. Delays in reporting information to the
City may result in delays in progress payments to the D/B.
26.7 Deductibles/Self Insured Retentions. All deductibles and self-insurance retentions on any policy shall be the
responsibility ofD/B. Deductibles and self-insurance retentions shall be disclosed to and approved by the City
at the time the evidence ofinsurance is provided. At the option of the City, either: the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and
volunteers; or the DIB shall provide a financial guarantee satisfactory to the City guaranteeing payment of
losses and related investigations, claim administration and defense expenses.
26.8 Policv Chan!!es. D/B shall not modify any policy or endorsement thereto which increases the City's exposure
to loss for the duration of this Agreement.
26.9 Reservation of Riahts. The City reserves the right, from time to time, to review the Contractor's insurance
coverage, limits, deductible and self-insured retentions to determine if they are acceptable to the City. The City
will reimburse the Contractor for the cost of the additional premium for any coverage requested by the City in
excess afthat required by this Agreement without overhead., profit, or any other markup.
26.10 Not a Limitation of Other Obliaations, In.surance provisions under this section shall not be construed to
limit the D/B's obligations un~er this Agreement, including Indemnity.
26.11 Material Breach. Failure to maintain, rene'''', or provide evidence of renewal during the term of this
Agreement may be treated by the City as a material breach of contract.
ARTICLE XXVII. TERMINATION/SUSPENSION OF WORK
27.1 Susoension of Work for Archaeolol!ical andlor Paleo" toloaic~ I Discoveries, If a discovery is made of an
archaeological or paleontological interest, DIB shall immediately cease operations in the area of the discovery
and shall not continue until ordered by City. When resumed, operations within the area of the discovery shan
be as directed by City. N/A ..
27,1.t Discoveries which may be encountered may include, but are not be limited to, dwelling sites, stone
implements or other artifacts, animal bones, human bones, fossils or any item with cultural
significance.
27,1.2 D/B shall be entitled to an extension of time and compensation in accordance with the provisions of
this Agreement.
27.2 Termination of Aareement by 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 ifD/B shan violate any of the covenants,
conditions, 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)
Calendar Days before the effective date of such termination,
273 Termination or Susnension for Convenience bv Citv. City may terminate or suspend this Agreement at any
time and for any reason, by'giving specific written notice to DIB of such termination or suspension and
specifying the effective date thereof, at least seven (7) Calendar Days before the effective date of such
suspension or termination. In the event of an emergency, advance notice shall not be required under this
provision.
27,4 Termination of A!!reement by O/B. D/B may tenninate the Agreement upon ten (10) days wrinen notice to
City, whenever either of the following occur:
27.4.1 Project Suspension. lfthe Project has been suspended under the provisions of Section 26.1 or 26.3, 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,
27.4.2 Failure to Pay Amounts Due and Not in Dispute. If City fails to pay DIB any monies due and not in
dispute in accordance with the terms of this Agreement within ninety (90) Calendar Days, plus the ten
(10) Calendar Days afforded the City to remedy the failure, after presentation to City by DIB ofa
request therefore.
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27.5 DIB Action Reauired. Upon receipt of the Notice ofTerrnination, DIB shall take any and all action that may
be necessary, or that the City Manager may direct, for the protection and preservation of the property related to
this Agreement that is in the possession of D/B and in which City has or may acquire an interest
17.6 Possession. Ownershin. and Control of Documents. In the event that this Agreement is terminated in
accordance with Sections 16.2 through 26.4, all finished or unfinished documents, data] studies, drawings,
maps, plans, specifications, reports and otr,er materials prepared by D/B, or any of its agents, Design
Consultants or Subcontractors, shall, at the option of the City, become the sole and exclusive property of the
City.
27.7 City Ri!!ht to Complete Proiect. In the event that the Agreement is tenninated pursuant to this Article
XXVII, City may take possession of the Project and may complete the Project by whatever method or means
City may select.
27.7.1 E-rcess Costs. In the event that the costs to complete the Project exceed the balance of funds, which
had the Project been completed in accordance with this Agreement would have been due, the D/B shall
be liable for and pay such excess costs to the City.
27.8 Pavme"nt to D/B Due to Termination. Upo~ termination, D/B shall be entitled to receive just and equitable
compensation for satisfactory Work completed. In no event shall such amount exceed the total dollar amount
authorized by City, reduced by the amount of payments previously made and any deductions permitted herein.
The fair and reasonable amount shall be detennined in goad faith by City considering the following:
27.8.1 The price for completed services accepted, including "any retention, by City nof previously paid.
27.8.2 The costs incurred in the perfonnance ofehe 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.
27.8.3 A portion of the D/B Fixed Fee (overhead and profit) based on the percentage of Work completed on
L'1e Project; however, ifD/8 would have sustained a loss on the entire Agreement had it been
completed, City shall allow no profit under this section and shall reduce the amount payable to reflect
the indicated rate of loss.
27.8.4 D/B and Design Subcontractor services through the date of termination based on actual time spent as
documented on timecards. Expenses shall be paid based on invoice and receipts provided by 0/8.
27.8.5 Any amounts for Work or Services agreed to by the City Manager and 0/8, but \vithout duplication of
any amounts agreed to above.
17.8.6 Reasonable demobilization costs~ to the effective date of such termination.
27.8.7 If termination occurs during Phase I, 11, or HI, DIB shall only be entitled to the Fees for Phases I, II, or
Ill, associated therewith, or the respective porrion thereof.
27.9 Lost Profits. Under no circumstances will DfB be entitled to any consideration for lost profit or lost
opportunity costs.
27.IODeductions. The amount due D/B shall be reduced by amounts including the following:
27.10.1 Any claim that City has against DIB under this Agreement.
27.10.2 The agreed price for, or the proceeds of sale of, materials, supplies, or other things acquired by DIB or
sold under the provisions of this clause and not recovered by or credited to City,
27.10.3 Damages caused by D/B's breach, including Excess Costs pursuant to Section 26.7.1.
27.10.4 Property Destroyed, Lost, Stolen or Damaged. Except to the extent that City expressly assumed the
risk of loss, the City Manager shall exclude from the amounts payable to DIB, the fair value, as
detennined by the City Manager, of property that is destroyed, lost, stolen, or damaged so as to
become undeliverable to City.
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27.11 Disputes. If D/B does not agree that the amount determined by the City Manager is fair and reasonable. DIB
shall within thirty (30) Calendar Days of receipt of payment, shall give notice of such disagreement to City.
The dispute shall be resolved in the manner provide for in Section 30.17.
27.] 2. W:1iver of Claims. In the event oftennination under this Article XXVI, failure ofD/B to dispute amounts
paid in the manner and within the time frame provided in Section 26.11 shall act as a waiver of any and all
claims for damages or compensation arising under this Agreement for any and all Work and Services
performed under this Agreement up to the effective date of Notice of Termination. DIB hereby ex-pressly
acknowledges and agrees that such claims shall be waived as herein provided.
27.13Riuhts of City Preserved. In the event that the Agreement has been tenninated, the tennination shall not
affect any rights or remedies of City against DIE then existing or which may thereafter accrue. Any retention
or payment of moneys due D/B by City will not release D/B fram liability. It is agreed that termination
hereafter will not in any way release, waiver, or abridge any rights the City has against DIB's performance
bond surety.
ARTICLE XXVIlI. RECORDS AND AUDITS
28.1 Record Svsterri - Reim burseable Costs. DiB 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 DIE, during the previous month. Ifrequested
by the City, DIB shall provide aU backup documentation supporting such Reimbursable Costs.
28.1 Record System - Hard Construction Costs. DIB shall develop and maintain an accurate system for tracking
all Hard Construction Costs it incurs on the Project. Utilizing this system, DIB shall include" with each
monthly application for payment an itemization of all Hard Construction Costs actually incurred by D/B during
the previous month.
28.3 Retention of Records. D/B, contractors, and subcontractors shall maintain data and records related to this
Agreement for a period of not less than three (3) years following receipt of final payment under this Agreement
or three (3) years following final settlement associated with the termination of this Agreement pursuant to
Article XXVII, above.
28.4 Audit of Records. At any time during nom1al business hours, during the tenn of the contract pius and record
retention period and as often as the City deems necessary, D/B and any or all Contractors or subcontractors
shall make available to the City for examination at reasonable locations within the City/County of San Diego
all of the data and records with respect to all matters covered by this Agreement. DfB and all contractors or
subcontractors will permit the City to make audits of all. invoices, materials, payrolls, records of personnel, and
other data and media relating to all matters covered by this Agreement. Ifrecords are not made available within
the City/County of San Diego, then D/B shall pay all the City's travel related costs to audit tile recards
associated with this Agreement at the location where the records are maintained. Such costs will not be
Reimbursable Costs_
28.4.1 Costs. DIE and DfB's agents shall allow City to audit and examine books, records, documents, and any
and all evidence and accounting procedures and practices that City detennines are necessary to
discover and verify all costs of whatever narure, which are claimed to have been incurred, anticipated
to be incurred, or for which a claim for additional compensation or for Extra Work have been
submitted under this Agreement.
ARTICLE XXIX. NOTICES
29.1 Writinu. Any demand upon or notice required or permined to be given by one Party to the other Party shall be
in writing.
29.2 Effective Date. Except in relation to Change Orders as provided for in section 18.4 or as other-vise provided
by law, any demand upon or notice required or permitted to be given by one Party to the other Party shall be
effective: (i) on pers"ma1 delivery, (ii) on the second business day after mailing by certified or registered U.S.
MatI, return receipt requested, (iii) on the succeeding business day after mailing by Express Mail or after
deposit with a private delivery service of general use (e.g., Federal Express) postage or fee prepaid as
appropriate, or (iv) upon successful transmission of facsimile.
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29.3 Recioients. Except in relation to Change Orders, all demands or notices required or pennitted to be given
shall be sent to all of the following:
29.3.1 Ryan Rethmeier, Western Pump, Inc.
29.3.2 City ofChula Vista - Gordon Day, Project Manager
29.3.3
29.4 Recioients ofChan2e Orders.
29.4.1 Ryan Rethmeier, Western Pump, Inc.
29.4.2
29.4.3
29..5 Chanrre of Address(es). Notice of change of address shall be given in the manner set forth in this Article.
ARTICLE XXX. MISCELLANEOUS PROVISIONS
30.1 Headin2s. All article headings are for convenience only and shall not affect the interpretation of this
Agreement.
30.2 Gender & Number. \Vhenever the context requires, the use herein of (i) the neuter gender includes the
masculine and the feminine genders and (ii) the singular number includes the plural number.
30.3 Reference to Paraaranhs. Each reference in this Agreement to a section refers, unless othen.vise srated, to a
section in L1is Agreement.
30.4 Incorporation of Recitals. All recitals herein are incorporated into this Agreement and are made a part
hereof.
30..5 Covenants and Conditions. All provisions of this Agreement expressed as either CQvenants or conditions on
the part of the City or Lie Consultant, shall be deemed to be both covenants and conditions.
30.6 Inte2ration. This Agreement and the Exhibits and references incorporated into this Agreement fully express
all understandings of the Parties concerning the matters covered in this Agreement. No change, alteration, or
modification of the tems or conditions of this Agreement, and no verbal understanding of the Parties, their
officers, agents, or employees shall be valid unless made in the fonn of a written change agreed to in writing
by both Parties or an amendment to this Agreement agreed to by both Parties. All prior negotiations and
agreements are merged into this Agreement.
30.7 Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not
render any any other provision of this Agreement unenforceable, invalid, or illegal.
30.8 Draftina Ambi!!uities. The Parties agree that they are aware that they have the right to be advised by
counsel with respecr to the negotiations, terms and conditions of this Agreement. and the decision Qfwhether
or not to seek advice of counsel with respect [0 this Agreement is a decision which is the sole responsibility
of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the
extent to which each Party participated in the drafting of the Agreement.
30.9 Conflicts Between Terms. lfan apparent conflict or inconsistency exists between the main body of this
Agreement and the Exhibits, the main body Qfthis Agreement shall control. Ifa conflict-exists behveen an
applicable federal, state, or local law, rule, regulation, order. or code and this Agreement, the law, rule,
regulation, order, or code shall control. Varying degrees of stringency among the main body of this
Agreement, the Exhibits, and laws, rules, regulations, orders. or codes are not deemed conflicts; and the most
stringent requirement shall control. Each Party shall notify the other immediately upon the identification of
any apparent conflict or inconsistency concerning this Agreement_
30.10 Promot Performance. Time is of the essence of each covenant and condition set forth in this Agreement.
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30,11 Good Faith Performance. The parties shall cooperate with each other in good faith, and assist each other in
the performance of the provisions of this Agreement. ,"
30.12 Further Assurances. City and D/B each agree to execute and deliver sllch additional docllments as may be
required to effectuate the purposes of this Agreement.
30.13 Exhibits. Each of the following Exhibits is attached hereto and incorporated herein by this reference:
Exhibit A Schedule of Values and Schedule
Exhibit B Contract Tenns and Requirements as specified in the RFP. All Federal Stimulus Plan
Requirements (EECBG Special Terms and Conditions)
Exhibit C Western Pump, Inc. RFQ
30.14 ComDliance with Controllino Law. The Consultant shall comply with aIlla\vs, ordinances, regulations. and
policies of the federal, state, and local governments applicable to this Agreement~ including California Labor
Code section 1720 as amended in 2000 relating to the payment of prevailing wages if stated in the RFP and
Federal guidelines, during the design and preconstruction phases of a project, including inspection and land
surveying work. In addition, the Consultant shall comply immediately with all directives issued by the City or
its authorized represent;:ltives under authority of any laws, statutes, ordinances, rules, or regulations. The laws
of the State of California shall govern and control the terms and conditions of this Agreement.
30.15 Jurisdiction. Venue. and Attornev Fees. The venue for any suit or proceeding concerning this Agreement,
the interpretation or application of any of its terms, or any related disputes shall be in the County of San
Diego, State of California. The prevailing Party in any such suit or proceeding shall be entitled to a
reasonable award of attorney fees in addition to any other award made in such suit or proceeding.
30.16 Municinal Powers. Nothing contained in this Agreement shall be construed as a limitation upon the powers
of the City as a chartered city of the State ofCalifomia.
30.17 Administrative Claims Reouirements 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 afthe 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
reso[ving any dispute over the tenns ofthis Agreement.
30.18 Third Party Relationshins. Nothing in this Agreement shall create a contractual relationship between City
and any third party; however, the Parties understand and agree that City, to the exi.ent permitted by taw, is an
intended third party beneficiary of all DfB's contracts, purchase orders and other contracts between DIB and
third party services. DfB shall incorporate this provision into its contracts, supply agreements and purchase
orders.
30.19 Non-Assi!:mment. The DIB shall not assign the obligations under this Agreement. whether by express
assignment or by sale of the company, nor any monies due or to become due, without the City's prior written
approval. Any assignment in violation of this paragraph shall constitute a Default and is grounds for
immediate termination of this Agreement, at the sole discretion of the City. In no event shall any putative
assignment create a contrilctual relationship between the City and any putative assignee.
30.20 Successors in Interest. This Agreement and all rights and obligations created by this Agreement shall be in
force and effect whether or not any Parties to the Agreement have been succeeded by another entity, and an
rights and obligations created by this Agreement shall be vested and binding on any Party's successor in
interest.
30.21 Indcnendent Contractors. The DIB, any consultants, contractors, subcontractors, and any other individuals
employed by the DIE shall be independent contractors and not agents of the City. Any provisions of this
Agreement that may appear to give the City any right to direct the D/B concerning the details ofperfonning
the Services under this Agreement, or to exercise any control over such performance, shall mean only that the
D/B shall follow the direction of the City concerning the end results of the perfonnance.
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30.22 Annroval. Where the consent or approval of a party is required or necessary under t.1is Agreement, the
consent or approval shall not be unreasonably. withheld.
30.13 No Waiver. No failure of either the City or the Consultant to insist upon the strict perfonn::mce by the other
of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy
consequem upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of
any such breach of such covenant, term or condition. No waiver of any breach shall affect or alter this
Agreement, and each and every covenant, condition, and tenn hereof shall continue in full force and effect to
any existing or subsequent breach.
30.24 Si!!nin:! Authority. The representative for each Party signing on behalf of a corporation, partnership, joint
venture or governmental entity hereby declares that authority has been obtained to sign on behalf of the
corporation, parmership, joint venture, or entit}' and agrees to hold the other Parry or Parties hereto harmless
if it 1s later determined that such authority does not exist.
IN WITNESS WHEREOF, this Agreement the City of Chula Vista and Western Pump, Inc. have executed this
Agreement thereby indicating that they have read and understood same, and indic<:lte their full and complete consent
to its terms.
This Agreement is dated
Agreement.
_,2010 and this date shaIl constitute the effective date of this
CITY OF CHULA VISTA, A Municipal Corporation
WESTERN PUMP, INC.
By:
CHERYL COX, Mayor
By:
Attest:
Approved as to form and legality:
By:
DONNA NORRIS, City Clerk
BART MEISFELD, City Attorney
Dated
,2010
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Schedule of Values
G.c Wcr~Jrn Pump Inc.23BB-C
JOB: City of Chula Vista AST Installation - BiD DieseUGasoline
Application No..
Application Date:
Period To:
Project No GG 186
Sub Contract No..
A B C D E F G II I J K
VVORK COMPLETED MATERIALS TOTAL COMPLETED RETAlNAGE
IT[M SCHEDULED VALUE PRESENTLY BALANCE TO FINISH
1<0 DESCRIPTION OF WORK I') FROM PREVIOUS THIS PERIOD STORED (NOT IN D AND STORED TO DATE PERCENT (G/C) (CoG) RETAINAGE 100/0 This Period
APPLICATION ORE) (D+E+F) 1!lli
Design Phase (bio-diesel) 14,061.60 14,061.60
Design Phase (gasoline) 9,374.40 9,374.40
Construction Phase 10.00%
1 Demolition Work (bio-diesel) . subcontractor 10,514.60 - - - - 10,514.60 - -
2 Demolition Work (bio-diesel) - labor 302.40 - - - - 302.40 - -
3 Demollllon Work (gasoline) - subcontractor 3,676.40 - - - - 3,676.40 - -
4 Demolilion Work (gasoline) -labor 201.60 - - - - 201.60 - -
5 Aboveground Storage Tank (bio.diesel) - subcontractor 22,499.60 - - - - 22.499.60 - -
G Aboveground Storage Tank (bio-diesel) - malerial 56,817.60 - - - - 56,817.60 - -
7 Aboveground Storage Tank (bio-diesel) - labor 4,762.80 - - - - 4,762.80 - -
B Aboveground Storage Tank (gasollne) - subcontractor 6,666.40 - - - - 6,666.40 - -
9 Aboveground Storage Tank (gasoline) - material 32,878.40 - - - - 32,878.40 - -
~ Aboveground Storage Tank (gasoline) -labor 3,175.20 - - - - 3,17520 - -
l' Vapor Recovery/Assist System (gasoline) - material 2,645.00 - - - - 2,645.00 - -
~ Vapor Recovery/Assist System (gasoline) . labor 1,510.00 - - - - 1,510.00 - -
Fuel Dispensers (bia-diesel) - material 18,280.80 - - - - 18,280.80 - -
14 Fuel Dispensers (bio-diesel) - labor 3,402.00 - - - - 3,402.00 - -
15 Fuel Dispensers (gasoline) - material 10,308.20 - - - - 10,308.20 - -
16 Fuel Dispensers (gasoline) - labor 2,268.00 - - - - 2,268.00 - -
17 Aboveground Piping Systems (bio-diesel) . material 858.60 - - - - 858.60 - -
18 Aboveground Piping Systems (bio-diesel) - tabor 1,512.60 - - - - 1,512.60 - -
19 Aboveground Piping Systems (gasoline) - material 572.40 - - - - 572.40 - -
20 Aboveground Piping Systems (gasoline) -labor 1,008.40 - - - - 1,008.40 -
21 Underground Piping Systems (bio.diesel) - subcontractor 13,267.20 - - - - 13,267 _20 - -
22 Underground Piping Systems (biD-diesel) - malerial 4,872.00 - - - - 4,872.00 - -
23 Underground Piping Systems (biD-diesel) . tabor 3,360.60 - - - - 3,360.60 - -
24 Underground Pipmg Systems (gasoline) - subcontractor 6,844.80 - - - - 6,844.60 - -
25 Underground Piping Systems (gasoline) - material 3,248.00 - - - - 3,248.00 - -
26 Underground Piping Systems (gasoline) -labor 2,240.40 - - - - 2,240.40 - -
27 Fuel System Electrical (bto-diesel) - material 17,906.20 - - - - 17,90620 - -
28 Fuel System Electrical (bio-diesel) - labor 9,241.20 - - - - 9,241.20 - -
29 Fuel System Electrical (gasoline) - material 5,270.80 - - - - 5,270.80 - -
30 F~el System Electrical (gasoline) -labor 3,660.80 - - - - 3,660.80 - -
31 Start-up & Training (bio--diesel) - labor 1,171.80 - - - - 1,171.80 - -
32 Slart-up & Training (gasoline) - tabor 781.20 - - - - 781.20 - -
OJ
X
I
III
I~
Schedule of Values 021500 SOV-conIract 2/151"2010
Soft Costs I I I I I I
14 Tes!ing (bio-diesel) 1,852.20 1,852.20
15 Testmg (gasoline) 1,23480 1,234.80
I General Conditions I I I I I I I
16 Project Manager/Superintendent (bio-diesel) 10,680.60 10,680.60
17 Project ManagerlSuperintendenl (gasoline) 7,120.40 7,120.40
fixed fees I I I I I I I I
18 33,881.00 33,881.00
1 ~)
Insurance, Bonds 4,879.00 4,879.00
Original Contract 338,810.00 - - - - 338,810.00 - -
Contingencies 33,881.00 33,881.00
Reimbursables
CHANGE ORDERS
26 Change Order # 01
27- Change Order # 02 - - - - - - -
Approved CO's H Subtotal - - - - - - - -
I
:;;jPROJECT TOTAL I 372,691.00 I - I - I - I - I I 372,691.00 - I -
SclleduleofVa)U8s021!i09S0V.r.onlracI211512010
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THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROV A B-Y
,
THE CITYFOUNC, !
1 / /
.-. /
l:.Miesfeld
;ity Attorney
Dat,d, 2 III, { , b
I
DESIGN BUILD AGREEMENT FOR
THE ABOVE GROUND FUEL TASKS AT
1800 MAXWELL PROJECT
BETWEEN THE CITY OF CHULA VISTA AND
WESTERN PUMP, INC
7-46
~.J'H!8!T
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~-------
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- - --
eflY OF
CHUlA VISfA
REQUEST FOR PROPOSALS (RFP)
TO INSTALL ABOVE GROUND FUEL T ~i'/KS
AT THE PUBLIC WORKS YARD, 1800 MAXWELL ROAD
IN THE ClTY OF CHULA VISTA, CA
PREY AlLING WAGE PROJECT
REP ISSUED:
November 4, 2009
SUBfJIITT.4LS ARE .DUE BY:
. th
November 24 , 2009
City of Chula Vista
Engineering Department
276 Fourth Avenue Building 200.
Chula Vista, CA 91910
7-47
B
--.......,.
TABLE OF CONTENTS
L INTRODUCTION ....................... ............ ......... ... ........................ ............... ............... .......... I
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 QUALIFICATIONS SCHEDULE.............................................7
V PUBUC DISCLOSURE..... ........ ...... ........................... ......... ..... ..... .............7
VI SUBMITTAL REQUIREMENTS..... ........ ............. ............ ............... :....... .....7
VII CONTRACT TERMS At'ID CONDITIONS......................................................9
ATTACHMENT A - PROJECT SPECIFICATIONS AND PLANS.................................I 1
ATTACHMENTB -EECBG SPECIAL TERMS AND CONDlTIONS...........................13
ATTACHMENT C - SAMPLE DESIGN BUILD AGREEMENT...................................14
7-48
The following Request for Proposals (RFP) pertains to the installation of above ground bio-
diesel and unleaded fuel tanks, pumps and feeder lines at the Public Works Yard located at
1800 Maxwell Road in the City of Chula Vista. Firms with fuel dispensing" installation,
consulting and Design/ Build experience are being solicited to present proposals for review.
Based upon the submitted information and costs, a qualified contractor will be chosen to
work with City staff and consultants to deliver the proposed project via the Design! Build
method.
1. INTRODUCTION
The City of Chula Vista is circulating this RFP only to firms that specialize in fueling
stations to provide design build services for the Public Works fueling facility. The City
currently has schematic design drawings for the project that may require additional time and
effort to deliver a complete construction set of plans based on the proposed budget utilizing
the value engineering method. The City currently has a proposed budget of $300,000 for
design and construction phases of the project.
This Request for Proposal (RFP) will require the Design Builder (DB) to propose means
and methods for the renovation of the existing components currently in use, the addition
of a new designated area for the tanks, unleaded dispensers and required bio-diesel pump
dispensers. The new construction process may require revisions or new additions to
existing safety and control syste"ms per Fire and Building Codes currently in effect. The
plans and specifications attached to this document are considered to be the minimum
amount of information required to propose a bid for this project. The DB will be
expected to provide a fully functional station, approved by all jurisdictions having"
authority when completed, on time and at the agreed upon Guaranteed Maximum Price
( GMP).
The DB will obtain all permits, reports, investigations and certifications for the project,
all fees will be a reimbursable expense paid by the City. In the event of a spill of
contaminated materials or liquids related to the construction or removal of existing
components, the DB is solely responsible for the clean-up, disposal, mitigation or any
process necessary or required by the San Diego County Department of Environmental
Health or any other jurisdiction having authority, to leave the site free of citations or
violations. Any fees related to this effort will be the sole responsibility of the contractor.
The Design Builder (DB) and sub-contractors shall be licensed and registered with the State
of California, as required for their particular field of expertise. This RFP described the
desired elements for the project, the required scope of services, the selection process, and the
minimum information that must be included in the submittal of qualifications. This is a
prevailing wage project.
7-49
This RFP is intended to allow for the following scenario during the development process
which will result in a continuation of the design development, construction document
preparation and construction of the project:
o DB will combine work efforts with the City's current design team that had 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 this RFP.
II SCOPE OF SERVICES
The DBT shall design and construct the City facility to comply with all the applicable
federal, state and local laws, in,luding the American's with Disabilities Act-Accessibility
Guidelines (ADAAG) and Title 24 of the California Code of Regulations.
A. Project Control (All Phases)
The DBT shall develop and implement the following Project Management Plan and
Procedures:
1. Monthly project status reports (including schedule and budget updates)
2. Coordination/interface with the City and its other consultants/contractors
3. Progress meetings
4. Interface and communicate with other agencies, as directed by the City.
S. 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 DesignlBuild contract, for a typical
project, the DBT will:
2
7-50
1. Prepare, submit and receive City approval for any site-specific
planning/environmental documents, if required.
2. Prepare design development and construction drawings and specifications
suitable for obtaining City approval and issuance of permits to allow for
construction.
3. Complete the design 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.
4. Incorporate the requirements of permitting agencie;; as may become apparent
in the course of design. The DBT shall apply for and secure all permits and
provide all necessary reports, studies and support required to obtain all
required permits. In addition, the DBT shall research Air Pollution Control
District and noise abatement requirements, along with any hazardous
materials management requirements ofNFP A, Cal-OSHA and the City Fire
Department. The DBT shall develop all appropriate environmental plans,
including but not limited to, an air pollution control plan, a noise abatement
plan and a hazardous materials management plan. The DBT shall submit and
obtain approval ofan application for Storm Water Pollution Prevention Plan
to the appropriate authority. If required, the DBT shall incorporate
appropriate facilities in the design.
5. Conduct site surveys and geotechnical investigations to the extent necessary
for final design. Survey and geotechnical information to be provided by the
City may be preliminary in nature and may not have sufficient accuracy or
scope to support final design.
6. Prepare cost estimates throughout all phase of project development.
7. Perform a value-engineering reviews to reduce cost/and or add value,
utilizing all team members and City resources. Include recommendations to
maximize energy efficient and build a "green" or low-pollution project.
Prepare a Value Engineering Report of all considerations, recommendations
and decisions. The goal is to maximize the quality of construction at a cost
equal to or below the Project Budget.
8. Perform Quality Control CQC) Review of the Drawings and Specifications
throughout all phases in order to correct errors and omissions and reduce the
quantity of Change Orders during the course of construction. Include a
detailed review of drawings and designs relative to Code Compliance Laws.
Organize and publish detailed QC Reports based on all findings.
9. Establish a Critical Path Method CCPM) Construction Schedule. Monitor and
3
7-51
update to keep the project on schedule.
10. Establish a bidding strategy. IdentifY, contract, and procure long lead items.
Create early bid packages where applicable.
11. Provide construction cost control estimates during the design to support value
engineering and constructability reviews.
] 2. IdentifY 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 proj ecl.
13. The DBT shall be required to provide a cost estimate that will be used to
establish a Guaranteed Ma.ximum Price (GMP). Any savings at the end of
the project will be deducted from the GMP and returned to the owner.
14. During the bidding of the Project, the DBT shall:
a. Create appropriate subdivisions of work into Bid Packages that reflect
the major items of work. A detailed scope of work will be included
with all bid packages.
b. Secure a minimum of three complete and competitive bids for each
package.
c. Receive and resolve all RFI's and bid questions.
d. Schedule meetings with the City to open and review bids for each
subdivision of work. Review bids in detail. ClarifY Scopes of Work,
exclusions, etc. Ensure bids match DBT Scope of Work.
e. Provide cost spreadsheets which compares actual bids to cost
estimates.
15. Prepare draft Operations Manual Index to serve as the basis for preparing the
final operations Manual during the construction phase.
C. Construction Phase Services
The DBT shall construct the facility in accordance with the approved construction drawings,
specifications and associated permits. The DBT shall also:
I. 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.
4
7-52
3. Provide list of required shop drawing submittals. Review shop-drawing
submittals for technical and code compliance. Provide copy to the City for
review and comment.
4. Provide resident engineering, contract administration, and inspection staff,
including specialists necessary for the functional, safe, on budget and. on-
schedule completion of the Project, starting with the issuance of a Notice to
Proceed from the City and extending through issuance of Notice of
Completion and Acceptance. City staff will also perform inspection to verify
compliance with the plans and specifications, permits and contract
documents.
5. Ensure construction compliance with applicable local, state, and federal
codes, building and environmental permit requirements, and construction
mitigation documents and enforcement of the Contract Documents.
6. Purchase and install all necessary equipment and witness all factory and field
component, equipment and system testing as required by the project Contract
Documents.
7. Submit the proposed QAlQC Plan to the City for review. The Plan shall not
be implemented without written approval of the City.
8. Provide surveying, and other contracted services as required completing
projects construction. Coordinate City contracted testing and inspection
services during the course of construction.
9. Develop, implement and manage a construction phase Quality
Assurance/Quality Control (QAlQC). The Plan shall include but not be
limited to; I) a statement and definition ofQAlQC goals; 2) an identification
of QAlQC criteria and elements; 3) development of the project QA/QC
implementation plan; 4) development of the QAlQC materials, components,
equipment and system testing plans; and, 5) enforcement of the plans and
specifications.
10. Be responsible for preparing the Critical Path Method (CPM) schedule
utilized during the project construction and startup activities. Use Microsoft
Project scheduling software consistent with the City reporting system.
11. Develop a project -specilic Plan for delining, tracking and reporting cash flow
activity requirements and submit such plan to the City for review and
approval prior to implementation.
12. Develop a project-specilic Change Order Administration Plan for review
and approval by the City. Upon written approval ofthe Plan, the DBT shall
initiate implementation. The Plan shall define the required Change Order
procedures, including requirements for requesting, developing, approving,
and tiling.
13. Implement and maintain an internal records management and document
control system as required to support project operations. The DBT shall
5
7-53
provide records management and document control information in a manner
consistent with the citywide Prolog Management reporting/filing system.
14. The OBT shall develop an on-site Project Safety Plan for review and
approval by the City. The OBT shall administer and enforce the City
approved on-site Project Safety Plan for the Project. The OBT 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 OBT.
15. 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
1. The OBT shall prepare, submit for City review and written approval a Project
Startup and Testing Plan for the Project. The OBT shall fully implement the
plan.
2. The OBT shall conduct Operator Training Sessions for personnel.
3. The OBT shall supervise, manage, and coordinate all project startup and
testing activities for all systems.
4. Provide operation and maintenance manuals for equipment purchase and
installed by OBT.
5. The OBT shall report progress of project startup and testing to the City in a
manner consistent with the City's reporting system.
6. The OBT shall coordinate and expedite record drawings and specifications.
7. The OBT shall prepare final accounting and close'out reports.
8. The OBT shall prepare occupancy plan reports.
9. Post Construction: OBTshall coordinate an II-month walk through of the
Project to review guarantee/warranty items. OBT shall coordinate all
corrective work with the respcnsible parties and the City. The OBT shall
report to the City all guarantee/warranty disputes. The OBT shall proceed to
resolve such disputes after having submitted to the City for review and
approval the OBT's approach for obtaining resolution of the dispute.
III DESIGN BUILDER SELECTION PROCESS
An approved OBT will be based upon the criteria outlined in this RFP. Candidates will
compete first on the basis of experience, design talent, past performance, resources,
construction and management skills. Contracts will be awarded in accordance with the
6
7-54
Chula Vista Municipal code and the Design/Build ordinance as outlined in Section .257 of
the Chula Vista Municipal Code.
IV REQUEST FOR QUALTFICA nONS SCHEDULE
The following schedule applies to the solicitation, receipt and evaluation of the SOQ and the
selection of the DB for the RFP phase. This RFP schedule is subject to modification in the
City's sole discretion:
Advertise and Issue RFP
SOQ Submittals Due
City awards Design Build Contract
November 4, 2009
November 24, 2009
January 2010
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 Cqde 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 withjurisdiction, determines that such proposal is a public record
requiring disclosure.
VI SUBMITTAL REQillREMENTS
I. The submittal deadline is November 24, 2009, no later than 2:00 P.M. (PST)
at the City ofChula Vista, Public Works & Engineering Department 276
Fourth Avenue- Bldg. 200, Chula Vista, CA 91910.
2.
3. Three (3) single-spaced copies, no more than 20 pages in lenh'lh excluding
exhibits and appendices, are required for submittal. Submittals should be as
brief as possible, while adequately describing how the DB will approach the
design build work program. Proposal creativity is encouraged, but
extravagance in proposal style and format is discourage. Siatement of
Qualifications (SOQ) shall include:
A letter of interest
Understanding the project development process
7
7-55
Summary of Qualifications
Organizational Chart for project Team
Design Build fee structure
Resume (of key DB members)
Client References for similar projects
Schedule of Rates
Project Estimated Cost
4. The submittal should focus on previous experience developing public
projects as well as knowledge of issues germane to large scale development
projects, a demonstrated ability to implement creative solutions to complex
planning issues and a demonstrated ability to complete complex tasks within
the parameters of a fast-paced performance schedule and within the terms of
the contract.
5. 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.
6. Statement of the DBT's 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 proj~cts.
7. 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) (Le., computer capabilities, software applications,
model protocol, and modeling programs, etc.)
c. Respondents should provide, on a strictly confident basis, the
following information:
I) Financial statement submitted to the rn.S for the last two 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 ofprojects currently involved in litigation or unresolved
claims for the contract
7. Incomplete submittals, incorrect information, or late submittals may be cause
for immediate disqualifications.
8
7-56
VII CONTRACT TERMS AND CONDITIONS
Issuance of the RFP does not commit the City to award a contract, or to pay any costs
incurred in the preparation of a response to this request. City retains the right to reject any or
all submittals, 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 proposed a variety
of compensation structures, including: 1) time and materials not to exceed, 2) guaranteed
lump sum, and 3) percentage of project costs.
City reserves the right on a project specific basis to request insurance including but not
limited to increased limits of Liability coverage, CA admitted carriers A.M. Best rated no
less than A V, Additional Insured Endorsement which does not exclude Completed
Operations, Excess Liability, Pollution Liability, E&O / Professional Liability Extended
Reponing 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 ofreceipt. The firm(s) selected to perform the work described in this RFQ will be
required to provide minimum evidence of insurance as follows:
1. Commercial. General Liability insurance, ISO CG 0001 Occurrence 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 of Chula Vista and that insurer will provide THIRTY (30) days
written notice to the City Clerk of the City of Chula Vista of cancellation or
material change.
2. Commercial Automobile Liability Insurance, ISO CA 0001 form, Any Auto
code, with a combined single limit of not less than $1,OOO,OOO,_cQvering
bodily injury and property damage for owned, non-owned and hired
automobiles, and name the City, its officers, officials, employees and
volunteers as additional insured's.
3. Workers' Compensation and Employer's. Liability insurance, for all
employees who are normally engaged in Work at the Project Site, with
9
7-57
Statutory Limits for Workers' Compensation and not less than Employer's
Liability limit for Bodily injury by Accident $1,000,000, each accident Bodily
Injury by Disease $1,000,000, Bodily Injury by Disease $1,000,000. A
Waiver of Subrogation shall be endorsed to the policy naming the City of
Chula Vista.
4. Professional Liability insurance shall be required of said firm for professional
liability or errors and omissions insurance with a per claim limit of not less
than $2,000,000 for services performed by the Design consultants 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
equipmen~ 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 pf any tier shall furnish Certificates of Insurance satisfactory
to the City. All such certificates will contain at least the following
provisions:
a. Thirty (30) days written notice to the City prior to any cancellation,
non-renewal or materials reduction in coverage.
b. The words "will endeavor" and "but failure to mail such notice shall
impose no such obligation or liability of any kind upon the company,
its agents or representatives" will be deleted from the certificate.
c. Throughout the life of the Agreement, each and every contractor of
any tier shall pay for and maintain in full force and effect, with an
insurer authorized by the California Insurance Commissioner to do
business in the State of California, the policies evidenced herein.
The City reserves the right to modify the insurance requirements or to substitute project
insurance during contract negotiations.
Bonds may be required for individual projects as required by City Policy.
End oj'Request jOr Qualifications
10
7-58
Attachment A
Project Specifications and Plans
Ii
7-59
SPECIAL PROVISIONS - TECHNICAL
2-1 WORK TO BE DONE
The general scope of the project is the installation of two (2) new 12,000 gallon above ground fuel
tank units plus associated supply lines and dispensers at the Public Works Yard, 1800 Maxwell Road
in the City of Chula Vista, California.
The work to be done includes all labor, material, equipment, transportation, interaction with staff and
scheduling necessary for the project as described in these documents.
The DBT project 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
equipment removal which will include protection of related components, disposal of removed
equipment, protection from spill and contamination, new concrete island housekeeping pads with
protective bollards, installation of the new Bio-Diesel dispensers and pump equipment, unleaded
dispensers, new concrete ductwork with removable traffic rated steel grates, installation and
integration of control and shut down systems, relocation of existing tanks as directed by the owners
agent, all necessary re-piping to existing units, all removal of AlC paving or concrete and disposal of
spoils, patching of AlC or concrete where removed for new work, water quality measures if required
and construction of all appurtenances and other work as may be necessary to render the above
improvements operational when the prqject 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 2000" Standards and specifications. Bidders must have a
valid certification from the California State Contractors License Board in A, with listed sub
contactors in , C-8, C-IO, C-34, C-36
Such other items or details not mentioned above, that are required by the plans, Standard
Specifications, these Special Provisions, 2007 CBC, CPC,CMC, 2004 tEC or the" Green Book
2000" shall be performed, placed, constructed or,installed as required for a completely functioning
system, a minimum specification follows:
Attached plans and specifications dated 05-04-07 by Gary Engineering Inc.
12
7-60
CHULA VISTA PUBLIC WORKS
GARY ENGINEERING, INC,
SECTION 02100
DEMOLITION AND REMOVAL
PART I" GENERAL
1.1 SUMMARY:
A. This work includes the removal and disposal of all materials and disposal of all materials,
structures and objects that interfere with 'the proposed construction limits as shown on
drawing G-3, "Demolition Plan", and as specified herein. Demolition shall include the
following:
1. Asphalt pavement
2. Concrete Drive Slab and Service Islands
3. Dispenser containment boxes and piping
4. Electrical conduits interfering with new work.
5. Other items as indicated.
1.2 REFERENCES:
A. Applicable Standards:
1. Standard Specifications for Public Works Construction, Section 300-1,
.Clearing and Grubbing"
1.3 SUBMITTALS:
A. Schedule of Demolition:
1. Prior to commencing any demolition, the Contractor shall submit to CITY fourteen
(14) days prior to commencing demolition work, their demolition scheduie.
2. CITY will approve schedule within 48 hours. No work shall commence prior to
approval.
3. Contractor shall also submit proposed methods and operations of demolition for
review prior to the start of Work. Include in the schedule tha coordination for
shutoff, capping, and continuation of utility services as required, together with
details for dust, noise, erosion control protection. and traffic control.
4. Provide a detailed sequence or demolition and removal Work to ensure the
uninterrupted progress of the CITY's operations.
1.4
JOB
A.
B.
CONDITIONS:
CITY will be continuously utilizing areas immediately adjacent to areas of selective
demolition. Utilize selective demolilion Work in a manner that will minimize need for
disruption of CITY's normal operations. Provide CITY a minimum of 72 hours' advance
notice of demolition activities which will impact CITY's normal operations.
Protections:
1. Install temporary fencing along limits of demolition.
1_ Ensure the safe passage of persons and vehicles around the area of demolition.
Conduct operations to prevent injury to adjacent buildings, structures, ather
facilities, and persons. Erect temporary covered passageways as required by
authorities having jurisdiction,
2. Remove protections at completion of Work.
Explosives: The use of explosives will not be permitted.
C.
CHULA VISTA PUBLIC WORKS
02100-1
PROJECT NO. CVPW-Q01
7-61
CHULA VISTA PUBLIC WORKS
GARY ENGINEERING, INC.
D. Traffic:
1. Conduct demolition operations and the removal of debris to ensure min imum
interference with roads, streets, walks, and other adjacent occupied or used by
facilities.
2. Do not close, block, or otherwise obstruct streets, walks, or other occupied or
used facilities without permission from the CITY. Provide alternate routes around
closed or obstructed traffic ways if required by CITY.
E. Promptiy repair damages caused to adjacent facilities by demolition operations at no cost
to CITY.
F. Utility Services:
1. Maintain existing utilities indicated to remain; keep in service and protect against
damage during demolition operations.
2. Do not interrupt existing utilities serving occupied or used facilities, except when
authorized in writing by the CITY. Provide temporary services during interruptions
to existing utilities.
3. The Contractor shall shut off utilities serving each area. Disconnecting and sealing
indicated utilities before starting demolition operations shail be done by the
Contractor.
4. Contractor shall coordinate utility connection work with the utility company
involved.
PART 2 . PRODUCTS. NOT USED
PART 3 - EXECUTION
3.1 INSPECTION:
A. Prior to commencement of demolition work; inspect areas in which demolition will be
performed. Photograph existing conditions of structures, surfaces, equipment, or
surrounding properties which could be misconstrued as damage resulting from demolition
operations. File with Engineer prior to starting Work.
B. Photographs will be taken from a 35 mm film. Photographs will be taken consecutively at
even intervals and logged aiong the perimeter of the demolition area. The photographs will
be of sufficient detail to clearly identify existing physical conditions.
C. (2) two copies of photos and negatives to be delivered.to CliY.
3.2 PREPARATION:
A. Provide exterior shoring, bracing, or support to prevent movement, settlement, or collapse
of structures to be demolished and adjacent facilities to remain; .
1. Provide protection for facilities and improvements adjacent to the demolition work.
2. Cease operations and notify the CITY immediately if safety of structure appears to
be endangered. Take precautions to support structure until determination is made
for continuing operations. .
B. Locate, identify, stub off, and disconnect utility services that are indicated to remain:
1. Provide bypass connections as necessary to maintain continuity of service to
occupied areas of building. Provide minimum of 72. hours' advance notice to CITY if
shutdown of service is necessary during changeover.
3.3 DEMOLITION:
A Perform demolition in accordance with the approved methods, operations and scheduie of
CHULA VISTA PUBLIC WORKS
02100-2
PROJECT NO. CVPW-001
7-62
CHULA VISTA PUBLIC WORKS
GARY ENGINEERING, INC.
demolition.
1. Areas not bordering adjacent improvements to remain, may be ramoved with
epproved methods of demolition.
2. Areas bordering adjacent improvements to remain shall demolish concrete and
asphalt concrete in small sections. Cut concrete and asphalt concrete at junctures
with improvements to remain using power-driven masonry saws to lull depth; do
not use power-driven impect tools.
3. The Contractor shali perform any necessary water pollution control work required
to prevent pollution or siltation of the adjacent properties.
4. Completely fill below-grade areas and voids resulting Irom demolition. Provide fill
consisting of approved earth, gravel or sand; Iree of trash and debris.
5 Demolition 01 Paved Areas: Remove and dispose 01 asphalt and concrete surface
course materials.
B. Advise the CiTY immediately il unanticipated mechanical, electrical, or structural elements
which conflict with intended function or design are encountered, investigate and measure
both nature and extent of the conflict Submit report to CITY in written, accurate detail.
Rending receipt of directive - from Clrr, rearrange demolition scheduie as necessary to
continue overall job progress without delay.
C. Pollution Controls:
1. Do not use water when it may create hazardous or objectionable conditions such
as ice, flooding, and pollution.
2. Clean adjacent structures and area 01 dust, dirt, and debris caused. by demolition
operations.
3.4 SALVAGE MATERIALS:
A Saivage Items:
1. Historic artifacts, including comerstones and their contents, commemorative
plaques and tablets, antiques, and other articles of historic significance remain the
property 01 the CITY. Notify CITY if such items are encountered, and obtain
acceptance'regarding method 01 removal and salvage lor CITY.
2. Carelully remove items. Clean, store, and turn over to CITY and obtain receipl
3. Any objects that consist of construction materials that may have reuse will be
considered the property 01 the Contractor. These salvaged materials will be used
lor this project unless approved by the CITY. All materials salvaged by the
Contractor will be removed from the project site.
3.5 DISPOSAL OF DEMOLITION MATERIALS:
r:.. Remove debris, rubbish, and other materials resulting from demolition operations.
B. If hazardous materials are encountered during demolition operations, comply with
applicable regulations, laws, and ordinances concerning removal, handling, and protection
against exposure or environmental pollution.
C. Burning 01 removed materials Irom demolished structures will not be pemnitted on the site.
D. Removal: Transport materials removed from demolished structures and dispose OT.
3.5 CONNECTIONS TO EXISTING CONSTRUCTION:
A Cut and remove portions of existing construction as required to allow for proper installation
of new construction.
B. Existing utilities that are to abandoned in place shall have their exposed ends capped or be
completely sealed with concrete.
02100-3
PROJECT NO. CVPW-001
CHULA VISTA PUBLIC WORKS
7-63
CHULA VISTA PUBLIC WORKS
GARY ENGINEERING, INC.
3,7 CLEANUP AND REPAIR:
A . Repair demolition perfonmed in excess of that required. Retum structuras and surfaces that
will remain to condition existing plior to commencement of demolition Work. Repair
adjacent construction or' surfaces soiled or damaged by demolition Work. Repair of
existing structures or adjacent construction damaged by demolition work shall be at no
additional cost to the CITY.
PART 4. MEASUREMENT AND PAYMENT
4.1 DEMOLITION AND REMOVAL will not be measured separately for payment. Full compensation for
Demolition and Removal, as shown on the drawings and as specified in these Special Provisions
will be considered included in the contract iump sum plice, and no separate payment will be made
therefor.
--END OF SECTION....
02100-4
PROJECT NO. CVPW.001
CHULA VISTA PUBLIC WORKS
7-64
CHULA VISTA PUBLIC WORKS
GARY ENGINEERlNG, INC.
DIVISION 2 - SITE WORK
SECTION 02230 - AGGREGATE BASE
PART 1 - GENERAL
1.01 SUMMARY:
A This wort< includes fumishing and installing aggregate base below concrete pavement
surfaces, as shown on the drawings and as specified in these Special Provisions.
B. Aggregate Base Placement shall conform to Section 301-2, "Untreated Base" of the
Standard Specifications for Public Works Construction and as modified in these Special
Provisions. '
C. Subgrade for aggregate base shall be prepared in a=rdance with Section 301-1 of the
SSPWC except that the 12" of subgrade will be compacted to 95% relative compaction.
"0. Aggregate base shall conform to ihe requirements of Section 200-2.2, 'Crushed Aggregate
Sese" of the SPWC or Section 26, Class 2 Aggregate Base of the Caltrans Standard
Specifications.
1.02 REFERENCES:
A Applicable Standards:
1. American Society for Testing and Materials (ASTM):
a. C117 - Material Finer than 75-Mm (No. 200) Sieve in Mineral Aggregates by
Washing.
b. C131 - Resistance to Degradation of Small Size Coarse Aggregate by Abrasion
and Impact in the Los Angeles Machine.
c. C136 Sieve Analysis of Fine and Coarse Aggregates.
d. D1557 Moisture-Density Relations of Soils and Sail-Aggregate Mixtures, using
10.0-pound Ra-mer and 1B-inch Drop.
e. 04318 - liquid Limit, Plastic Limit, and Plasticity Index of Soils.
1.03 SUBMiTTALS:
A Submit a copy of all tests from a certified testing lab with a certification indicating lhatthe
proposed aggregate base material is in conformance with the requirements specified in
Section 2.02 B 'Aggregate", for each source or change in source material to be used in the
work.
B. Aggregate gradation.
C. Samples: Submit one 5-pound sample of each aggregate.
PART 2 - PRODUCTS
2.01 GENERAL:
A. Aggregate base course shall consist of aggregate specified.
2.02 AGGREGATE:.
A Aggregate shall be crushed stone or crushed gravel, iree from lumps, balls of clay, or other
objectionable matter and reasonably free from thin and elongated pieces of dirt Aggregates
shall consist of angular fragments, durable and sound, and shall be reasonably uniform in
density and quality.
S. Percentage of wear shall not exceed 50 after 500 revolutions as determined by ASTM
C131.
C. Aggregate shall contain 75% by weight of pieces with two or more fractured surfaces if
materiel is crushed gravel.
D. par-Jon of aggregate passing No. 40 sieve shall be as follows: 1. Liquid Limit Not more
then 25 determined by ASTM 04318. 2. Plastic Index: Not mora than 6 determined by
ASTM 04318.
E. Gradation- shall not vary from low limit an one sieve to high limit on adjacent sieve or vice
CHULA VISTA PUBLIC WORKS
02230-1
PROJECT NO. CVPW-001
7-65
CHULA VlSTA PUBLIC WORKS
GARY ENGINEERING, INC.
versa. Test by ASTM Cn6 and C117, and conform to the following table (ellher gradation
may be used at Contracto~s option):
Percent by Weight
Passino Souare-Mesh Sieve
Sieve Desionation
1-112-inch. ......... ............... .... .............. ......... .... 70-100
3/4-inch ........................................................ 90-100
318-inch .......................................................... 40-70
No.4 .......................................................-...... 30-60
No. 30 ........................................................... 5-25
No. 200 ......................................................... 3-12
100
50-80
35-55
10-30
2-9
PART 3 - EXECUTION
3.01 GENERAL REQUIREMENTS:
A Preparation of Subgrade:
1. Subgrade shall be prepared in accordance to Section 02200.
B. Grade Cenfrol: Establish and maintain by means of grade stakes placed in lanes parallel to
the centenine of the area to be paved and spaced so string lines may be stretched
. between stakes.
3.02 MIXING AND PLACING OF MATERIALS:
A Aggregate base shall be delivered to the job slle as uniform mixtures and each layer shall
be spread in one operation. Segregation shall be avoided and the base shall be free from
. pockets of course or fine material.
B. Aggregate base shall be deposited at a uniform quantity that will provide the required
compacted thickness within tolerances without spotting, picking up or otherwise shiftng
the base material.
C. At the time aggregate base is spread Il shall have a moisture content sufficient to obtain
the required compaction, uniformly distributad throughout the material.
D. The maximum thickness of 6" may be spread in one lift. Any thickness exceeding this
must be spread in two lifts up to 12" thick.
E. The use of motor graders will be permitted during depositing, spreading and compacting
operations.
F. Rolling shall always be commenced aiong the edge of the area to be compacted and the
roller shall gradually advance toward the center of the area to be compacted.
G. The relative compaction of each layer of base shall not be less than 95% in accordance
with ASTM D1557.
H. Smoothness Test
1. Surface shall show no deviation in excess of 3/8-inch in any 10 feet when tested
with a 1 O-foot straightedge applied parallel with and at right angles to the center
nnes of the paved area.
2. Correct any deviation in excess of this amount by loosening, adding or removing
matenal, reshaping, watering, and compacting as requested by the Engineer.
3.03 MAINTENANCE:
A Maintain finished base course in a condition satisfactory to the CITY until pavement is
placed upon it
PART 4 - MEASUREMENT AND PAYMENT
4.01 AGGREGATE BASE COURSE will not be measured separately for payment Full compensation
for Aggregate Base Course, as shown on the drawings and as specified in the Special Provisions
will be considered in the contract lump sum price, and no separate payment will be made thereof.
CHULA VISTA PUBLIC WORKS
02230-2
PROJECT NO. CVPW-001
7-66
CHULA VISTA PUBLIC WORKS
CHULA VlSTA PUBLIC WORKS
GARY ENGINE::RING, INC.
-END OF SECTION-
02230-3
PROJECT NO. CVPW-001
7-67
7-68
CHULA VISTA PUBLIC WORKS
GARY ENGINEERJNG, INC.
DIVISION 3 - CONCRETE
SECTION 03100 - CONCRETE FORMWORK
PART 1- GENERAL
1.01 QUALITY ASSURANCE
A Design Crileria:
1. The Contractor is responsibia for design, engineering and construction of fonnwork.
2. Design fonnwork in accordance with American Concrete Institute's Recommended,
Practice for Concrete Fonnwork ACI 347, and in accordance with the following:
a. Design forms and falsework to include assumed values of live load, dead load,
weight of moving equipment operated onformwork, temporary construction
material, foundation pressures, stresses, lateral stability, and such other factors
pertinent-to safety of structune during construction.
b. Design fonnwork to be readily removable without impact. shock, or damage to
cast-in"'P1ace concrete surfaces and adjacent construction.
B. Allowable Tolerances: Set and maintain concrete forms within tolerance limits stated in
American Concrete Institute's Recommended Practice for Concrete Formwork ACI 347.
C. Referenced Standards:
1. American Concrete Institute:
a. ACI 347, Recommended Practice for Concrete Fonnwork.
2. American Plywood Association: APA Grade-Trademarks.
3. U. S. Department of Commerce Product Standards: PS-1-74 for Construction and
Industrial Plywood.
4. Westem Wood Products Association: WWPA Catalog "A" Product Use Manual.
1.02 JOB CONDITlONS
A Protection:
1. Protect formwork materials- before, during and after enection to insure acceptable
finished concrete work.Also protect in-place materials and other operations of work
in connection with concrete pourn.
2. In event of damage to erected forms, make necessary repairs or replacements
prior to concnete pours at no expense to the Owner.
PART 2- PRODUCTS
2.01 MATERIALS
, A Form Lumber.
1. Form framing, sheathing, struts, braces and shoring will conform to WWPA
Catalog "A".
2. Use lumber free of material defects that wouid deform the finished concrete
product
B. Plywood:
1. Form Sheathing and Panels: Not less than 5/8 inch thick Exterior Type B-B
Plywood Class I and 11 EXT-APA conforming to U.S. Product Standard
PS-1-74.
2. Use Type II only on surfaces not exposed to view.
C. Steel:
1. Metal Forms of a pre-engineered standard design, but conforming to the concrete
sections indicated on the drawings, may be used in lieu of wood forms.
D. Form Ties:
1. Provide factory fabricated, adjustable-length, removable or snap-off metal farm ties
conforming to (ACI 347) (and ACI 350).
CHULA VISTA PUBLIC WORKS
03100-1
PROJECT NO. CVPW-001
7-69
CHULA VISTA PUBLIC WORKS
GARY ENGINeeRlNG, INC.
2. Use snap-off metal ties with ends that break at least 1-112 inches from the face of
the wall.
3. Removable ties that leave holes larger than 7/8 Inches are not permitted.
4. Form ties fabricated on the project site and wire ties or flat bands ara not
acceptable.
5. Wood spacers are not permitted within the pour.
E. Form Coatings: Provide commercial formulation form-coating compounds that will not bond
with, stain, nor affect concrete surfaces, and will not impair subsequent treatment of
concrete surfaces requiring bond or adhesion, nor impede the wetting of surfaces to be
cured wi'J1 water or curing compounds.
F. Column Forms: Provide forms for round and half round cast-in-place concrete columns
which will not show horizontal, vertical or spiral seams in the finished column.
1. Provide one-piece fiberglass reinforced plastic forms producing a smooth finish
with one-seam. Place seam at back of column in form erection.
2. Acceptable Manufacturers:
a. Molded Fiber Glass Concrete Forms Company.
b. Or Equal.
PART 3 - EXECUTION
3.01 INSPECTION
A Prior to placement of concrete, inspect forms for cleanliness and accuracy of alignment.
3.02 PREPARATION
A Apply form coatings in accordance with manufacturers specifications.
B. Do not allow excess form coating material to accumulate in the forms.
C. Do not allow form coatings to come in contact with construction joints or reinforcing steel.
3.03 ERECTION
A Construct forms in a=rdance with ACt 347 to required dimensions, plumb, straight and
mortar tight. and paste tight where appearance is important.
1. Securely brace and shore forms to prevent displacement. bowing and pillowing,
and to safely support imposed concrete load.
2. Provide offsets, sinkages, keyways, recesses, chamfars, blocking, screeds,
bulkheads, anchorages and inserts, and such other faatures as required. Use
selected materials to obtain above requirements.
3. Fabricate forms for easy removal without hammering or prying against concrete
surraces.
4. Form intersecting planes to provide true, clean-cut comers, witih edge grain of
plywood not exposed to concrete.
5. Build into forms, or otherwise secure in forms, items. such as sleeves, inserts,
anchors, miscellaneous metal item and such other embedded items as indicated
on Drawings.
8. Provide temporary openings where interior area of formwork is inaccessible for cleanout. for
inspection before concrete placement, and for placement of concrete. Securely brace
temporary openings and set tightiy to forms to prevent the loss of concrete mortar. Locate
temporary openings on forms in as inconspicuous location as possible consistent with the
requirements of the work.
C. Provide openings in concrete formwork of tihe correct size and in the proper location to
accommodate other operations of construction work in the project. Accurately place and
securely support items to be built Into forms.
D. Wertorms sufficiently to prevent joints In wood forms from opening prior to concrete pour.
E. Cutting form ties back from tihe face of the concrete is not permitted.
F. Earth forms permitted where soil conditions will permit excavation to accurate sizes
CHULA VISTA PUBLIC WORKS
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PROJECT NO, CVPW-001
7-70
. CHULA VISTA PUBLIC WORKS
GARY ENGIN::ERING, INC.
without bracing, and soil subsidence can be prevented during the concrete pour.
3.04 FORM REMOVAL
A Remove forms in accordance with ACl 347 without damage to concrete and in a manner to
insure complete safety to the structure. "
B. Upon removal of forms, notify the Engineer in order that a review of the newly stripped
surfaces may be made before patching.
C. Hammer-paok holes left by tie rods with stiff mortar of the same material as, but somewhat
leaner than, that in the concrete. Render the patch Inconspicuous.
3.05 RE-USE OF FORMS
A Forms for re-use will meet new form requirements with respect to affect on poured concrete
appearance and structural stability.
B. Re-use of fanTIs wiU in no way delay or change the concrete pour schedule as compared to
the schedule obtainable if all forms were new (in the case of wood forms) or if the total
required forms were available (in the case of metal forms).
PART 4 - MEASUREMENT AND PAYMENT
4.01 CONCRETE FORM WORK will not be measured separately for payment Full compensation for
Concrate Form Work, as shown on the drawings and as specified in 'these Special Provisions will
be ronsidered included in the contract lump sum 'price, and no separate payment will be made
therefor. '
-END OF SECTION".
CHULA VISTA PUBLIC WORKS
03100-3
PROJECT NO. CVPW-001
7-71
7-72
CHULA VISTA PUBLIC WORKS
GARY ENGINEE:RING, INC.
DIVISION 3 . CONCRETE
SECTION 03200 . CONCRETE REINFORCEMENT
PART 1 . GENERAL
1.01 DESCRIPTION
A. Related Wor!< Specified Elsewhere:
1. Concrete Formwork: Saction 03100.
2. Metals, Structural and Misc. Section 05120.
1.02 QUALITY ASSURANCE
A. Referenced Standards:
1. American Concrete Institute:
a. ACI 315 Details and Detailing of Concrete Reinforcement
b. ACI 318, Building Code Requirements for Reinfonced Concrete.
2. American Society for Testing and Materials.
a. ASTM A 82, Cold. Drawn Steel Wire .lor Concrete Reinforcement"
b. ASTM A 185, Welded Steel Wire Fabric for Concrete Reinforcement
c. ASTM A 615, (SI),Deformed and Plain Billet--Steel Bars for Concrete
Reinforcemen~ Including Supplementary Requirement (SI).
d. ASTM A 663, Menchant Quaiity Hot.Rolled Carbon Steei Bars Subject to
Mechanical Property Requirements.
3. Concrete Reinfoncing Steel Institute: CRSI, Manual of Standard Practice for
Reinforcing Concrete Construction,
1.03 SUBMITTALS
A. Shop Drawings and Product Data:
1. Prepare shop drawings of concrete reinfoncement in accordance with American
Concrete Institute's Standand ACI 315.
2. Indicate bending diagrams, splicing and iap of rods, and shapes, dimensions and
details of bar reinforcing and accessories. .
B. Test Reports:
1. Submit two copies of reports showing the results of reinforcing steel tests
indicating material compliance with the Specifications. Such tests will be
conducted in accordance with the American Society for Testing and Materials
Specifications.
2. Test Requirements may be waived, based upon certified copies of mill test reports.
3. Above stated tests will be at the Contractor's expense.
1.04 PRODUCT DELIVERY. STORAGE AND HANDLING.
A Storage of Materials:
1. Store reinforcing materials in a manner to prevent excessive rusting and fouling
with di~ grease and other bond-breaking coatings.
2. Identify bundles of reinforcing steel with stamped meta! tags wired to steel.
1.05 JOB CONDITIONS
A Protection: Protect in-place reinforcing from excessive construction traffic and other work.
PART 2 - PRODUCTS
2.01 MATERIALS
A Metal Reinforcement
CHULA VISTA PUBLIC WORKS
. 03200-1
PROJECT NO. CVPW.001
7-73
CHULA VISTA PUBUC WORKS
GARY ENGINE:.RING, INC.
1. Reinforcement Bars: ASTM A615 (SI), Grade 60, Deformed, which will satisfy the
exceptions in ACI Building Code, AASHTO and Federal Specifications.
2. Wire: ASTM A82.
3. Welded Wire Fabric: ASTM A 185.
4. Metal Accessories: CRSI Manual of Stan,dard Practice for Reinforcing Concnete
Construction.
5. Anchor Bolts: As specified in Section 05120.
B. Dowel Bars: .
1. Structural grade steel conforming to requirements of ASTM A 663, Grade 70, 75 or
BO.
2.02 FABRICATION
A Bend bars cold. Do not use bars with kinks or bends not indicated on Drawings.
B. Do not field bend bars partially embedded in' concrete unless noted other wise, on the
Drawings.
C. Perform bar shape fabricating in a manner thatwill not injure the material or lessen the
member stnength.
D. Use a designed bending machine, either hand 'or power operated.
PART 3 - EXECUTION
3.01 INSPECTION
A Notify Engineer 72 hours before placing concrete so he can Inspect placement of metal
reinforcement.
B. Verify that iterr.s to be embedded in concrete are secured in place and block-outs in
formwork are secured in place as required. Formwork instailed as work of Section 03100.
3.02 INSTALLATlON
A Placing:
1. Place metal reinforcement accurately and securely brace against displacement
through the use of reinforcing accessories in accordance with ACI 31 B.
2. Terminate reinforcement 2-inches from face of expansion joints.
3. Continue reinforcement across or through construction joints.
4. When obstructions interfere with the placement of reinforcing, pass such
obstructions by placing reinforcing around and not bending the reinforcing to clear
the obstructions.
5. Install welded wine fabric as indicated, lapping joints 6-inches and wiring secunely.
Extend welded wire fabric to within 2-inches of sides and ends of slabs.
6. Do not lay metal reinforcement on fomnwork. Raise reinfqrcement as concrete is
placed.
7. Support reinforcing using metal accessories products other than metal
accessories not pemnitted. .
B. Splicing:
1. Splice metal reinforcement as indicated and in accordance with ACI 318.
2. Welding of crossing bars is not permitted without approval of Engineer. When
welding of reinforcing bars is permitted perform such welding in accordance with
requirements of AWS 01.4.
a. Inspect field welds in accordance with requirements of AWS D1.1, Section 6 and
8. Costs for weld inspection will be at Contracto~s expense.
3. Secune metal reinforcement at intersections with not less than 16-gauge annealed
wire or appropriate size clips.
C. Anchor Bolts Setting: Set at locations indicated on Drawings and secune in place to
prevent movement during concrete pours.
D. Cleaning: Metal reinforcement, at the time concnete is placed, will be free from rust, scale
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GARY ENGINEERING, INC.
or other coatings that v~1I destroy or reduce bond.
E. Concrete Protection:
1. Provide concrete protection for reinforcement in accordance with ACI 31 8, unless
indicated otherwise on the Drawings.
2. On exterior exposed work, no ties or spa~ers will be permitted to remain within 3/4
inches of the finished surfaces.
PART 4 - MEASUREMENT AND PAYMENT
4.01 CONCRETE REINFORCEMENT will not be measured separately for paymenl Full compensation
for Concrete Reinforcement, as shown on the drawings and as specified in these Special Provisions
will be considered included in the contract lump sum price, and no separate payment will be made
t'1erefor.
-END OF SECTlON-
CHUL<I. VISTA PUBLIC WORKS
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PROJECT NO. CVPW-ll01
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CHULA V1STA PUBLIC WOR."(S
GARY ENGINEERING, INC.
DIVISION 3 - CONCRETE
SECTION 03300 - CAST-iN-PLACE CONCRETE
PART 1 - GENERAL
1.01 . DESCRIPTiON
A Related Work Specified Elsewhere:
1. Concrete Formwork: Section 03100.
2. Concrete Reinforcement Section 03200.
1.02 QUALITY ASSUPANCE
A. Testing Agency: Meeting requirements of The American Socie~1 for Testing and Materials
Recommended Practice for Inspection and Testing Agencies for Concrete and Steel in
Construction ASTM E 329.
1. Refer to Section 01400 for Testing responsibilities.
B. Source Quality Control:
1. Laboratory Tests: Materials stated herein require advance examination or testing
according to methods referenced, or as required by the Engineer.
2. Compression Test Cylinders: For laboratory trial batches, make in accordance
with American Concrete Institute ACI 301 Method 1.
a. Test to consist of four compression test cylinders for each class of concrete with
two broken at seven days and two broken at 28 days; ASTM C 192 and
ASTM C 39.
C. Referenced Standards:
1. American Association of State Highway and Transportation Officials, AASHTO .
2. American Concrete Institute
3. American Society for Testing and Materials.
4. Standard Specifications "Standard Specifications for Public Works Construction"
1.03 SUBMITTALS
A Test Reports: Submit two copies of iaboratory trial mix designs
B. Design Mix: Prior to production of concrete, submit for approval a design mix indicating
materials proportions and water-cement ratio. Use materials in such proposed design mix
as specified herein. Make such edjust-nents in the proposed design mix as directed by the
Engineer. Meke such adjustments at no increase in Contract Price.
C. Certificates: Fumish the Engineer and local authorilies requiring same, certificates
originated by the batch mixing plant certifying ready mixed concrete as manufactured and
delivered to be in conformance with ASTM C 94.
D. Deiivery Tickets: A derlVery ticket will accompany each load of concrete from the batch
plant .
1. Tickets must be signed by the Contractors representative, noted as to time and
place or pour and kept in a record at the site. Make such records available for
inspection upon request by the Engineer.
2. Information presented on the ticket will include the tabulation ccvered by ASTM C
94, 15.1.1 through 15.2. e, as well as any additional information the local codes
may require.
E. Schedule: Submit schedule showing methods and sequence of pouring before concrete is
placed.
1.04 JOB CONDITIONS
A Sequencing: Where other construction work is relative to concrete pours, or must be
supported by or embedded in concrete, those performing such related work must be given
5 days notice to introduce or furnish embedded items before ccncrete is placed.
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B. Concrete Encasement of Pipes: Encase pipes under structures or buildings indicated by
the Drawings to be encased in concrete for the full length of the pipe run under the
structure.
C. Concrete Encasement of Conduits: Encase conduit runs as indicated and detailed on the
Drawings as work of Division 16 Electrical.
PART 2 - PRODUCTS
2.01 MATERIALS
A Cement
1. Portland Cement ASTM C 150 of the following Types:
a. Type i, Normal.
b. Type III, High Eerly Strength.
2. Only one brand and manufacturer of approved cement will be used for exposed
concrete.
B. Normal weight Concrete Aggregates: ASTM C 33.
1. General: The following aggregate size limitations wm apply to normal weight
concrete except for exposed aggregate concrete walkways which is as specified
hereinafter.
2. Coarse Aggregate Size: Maximum size of coarse aggregate will not exceed the
following requirements:
a. One-fifth narrowest dimension between sides of forms within which concrete is to
be cast
b. Three-fourths of the minimum clear spacing between reinforcing bars or between
reinforcing bars and forms.
c. Reduced aggregafecol1crete will contain aggregate with particle size not less than
1, 18-inch or more than 1/2-inch in any dimension and a maximum of 5% of
particles passing a #8 sieve.
C. Lightweight Concrete Aggregates: Processed aggregates meeting requirements of ASTM C
330 and as defined in the following:
1. Processed Aggregates: Rotary kiln expanded shales, clays, and slates; sintered
shales, clays. and pelletized or extruded fly ash; and expanded siags; all as
classified in ACI 213 R. .
2. StrengUlIWeight Requirement. Provide aggregates, as classified above, which are
capable of producing Structural Concretes having a 28-day minimum compressive
strength and unit weight as specified hereinafter under Concrete Quality.
3. Maximum Aggregate size: individual particle size not exceeding 112-inch in any
dimension.
D. Water. Potable quality, free from deleterious amounts of acids, alkalis, and organic
substances.
E. Concrete Admixtures:
1. Calcium Chloride:' Not permitted.
2. Provide admixtures produced and serviced by established, reputable
manufacturers and use in compliance with manufacturer's recommendations.
3. Air-Entraining Admixture: Use a product conforming to requirements of ASTM C
260.
4. Water-Reducing Admixture: Use a product conforming to requirements of ASTM C
494 Type A and that is free of chloride.
5. water-Reducing and Retarding Admixture: Use a product conforming to
requirements of ASTM C 494 Type D and that is free of chloride.
6. Water-Reducing and Accelerating Admixture: Use a product conforming to
requirements of ASTM C 494 Type E and that is free of chloride.
F. Expansion Joint Fillers:
1. Bituminous Type (Interior Use): ASTM D 994.
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GARY ENGINEeRING, INC.
G.
2. Non-extruding and Resilient Bituminous Types (Exterior Use): ASTM D 1751.
Curing Materials: Use curing mete rials that will not stain or affect cencrete finish or lessen
the cencrete strength and cemply with the ioliowing requirements:
1. Burlap: Use materials confonning to AASHTO M 182.
2. Sheet Materials: Use material conionning to ASTM C 171. 3. Liquid membrane
fonming curing compounds not pennitied.'
Concrete Hardeners and Sealers:
1. Chemical Hardener. Chemically active fluosilicate handener complying with the
following:
a. Mineralogical deposits fonned by the chemical action of the hardener will have a
M-oh's Hardness Factor of 6 to 7, appnoximately equal in hardness to quartz.
b. Acceptable Manufacturers:
1) Sonneborn Building Products Division of Contech, Inc.; Lapidolith.
2) L & M ConstrucUon Chemicals, Inc.; Fluohard.
3) Or Equal
2. Sealer (for service canopy area): Final Top coating with Tennant 4707 chemical
resistant urethane, clear in color. Appropriate preparation materials:
a. Tennant 528 - Cleaner/Remover
b. Tennant 409 - Pre-Kate Cleaner
c. Tennant 406 - Water Epoxy
d. Tennant 413 - Bonding Additive
, Vapor Banier (not needed). .
Waterproofing Membrane: A cold-applied, seamless, one compartment liquid
. polyurethane/coal tar moisture curing elastomers.
a. Acceptabie Manufacturers:
. .' '.1. : Sonnebom Building Products; Hydrocide liquid Membrane 5000.
- 2:" Or Approved Equal.
Crushed rock: W' crushed rock conionning tD the requirements oi the Standard
Speciflcation Secton 200-1..2.
H.
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. CONCRETE QUALITY
A . SelecUon of Proporuons ior NDnnal weight Concrete: ACT 211.1.
B. Selection of PropDruDns iDr Structural Lightweight CDncrete ACT 211.2; 110 pounds per
. .. cubio ioot weight; 3250 psi compressive strength.
._. .C'- PropDrtions of Ingredients: Establish pnopDruonS including water-cement ratio Dn the basis
Di either laboratDry trial batches Dr field experience, with the materials specified herein.
1. LabDratDry Trial Batches: ACT 301, MethDd I and ACT 318.
2. Field Experience: ACT 301, MethDd 2 and ACT 318.
D. Watar-Cement RatiD: Class B Noomal weight Concrete Dnly will have a maximum water
cement ratiD of 0.50.
E. Minimum Cement Contenl (Noomal weight Concrete):
1. Class B Concrete: 517 pDunds minimum per cubic yard.
F. Specified CDmpressive Strength at 28 Days (Nonnal weight Concrete):
1. Class B: 3250 psi.
2.02
2.03
ADMIXTURES LIMITATIONS
A Air Entraining: Air-entrain all nDomal weight concrete in accordance wilh ASTM C260.
B. Water-Reducing Admixture: Unless high temperatures occur and/or placing cenditions
dictate a change, all cDncrete will contain the water-reducing admixture.
C. Water-Reducing and Retarding Admixture: when high temperatures occur and/or placing
conditiDns dictate, the Engineer may require a change from the water-reducing admixtura
(Type A) to a water4-educing and retarding admixture (Type D).
D. Water-Reducing and Accelerating Admixture: When IDW temperatures occur andlor placing
cDnditions dictate, the Engineer may require a change frDm the water-reducing admixture
03300-3
PROJECT NO. CVPW..Q01
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CHULA VISTA PUBLIC WORKS
GARY ENGINEERING, INC.
(Type A) to a water-reducing and accelerating admixture (Type E).
E. Slump: Proportion and produce concrete to have a slump, not to exceed 4-inches for
vertical pours, and 3-inches for ail other pours.
PART 3 - EXECUTION
3.01 INSPECTION
A. Contractor will inspect work to receive cast-iniliace concrete for deficiencies which would
prevent proper execution of the finished work. Do not proceed with piacing concrete until
such deficiencies are corrected and the Engineer has been given seventy-two hours
advance notice of concrete pours.
3.02 JOINTS AND EMBEDDED ITEMS
A. Construction Joints:
1. Place construction joints where indicated on the Drawings.
2. Secure Engineer's approval prior to making additional or revised locations of
construction joints.
B. Bond new concrete with hardened concrete as follows:
1. Clean hardened concrete of foreign matter and laitance and saturate with water.
Concrete surface wiil have received a screeded and floated finish.
2. Cover the hardened concrete with a brush applied layer of Neat Cemenl Use grout.
of same material composition and proportions of concrete being poured except
coarse aggregate omitted.
3. Place new concrete on grout before it has attained its initial sel
4. Other bonding methods must be approved by Engineer.
C. When concreting is to be discontinued for more than forty five (45) minutes and if the.
construction plane is to be horizontal, instail keyways and embed dowel bars in the: . .
concrete before initial hardening. Use keyways and dowels in vertical concrete construction.
only when indicated or directed by the Engineer.
D. Expansion Joints:
1. Instail interior and exterior expansion joint materials where indicated on the
Drawings. Joint dimensions as indicated on Drawings.
2. Do not extend reinforcing or other embedded metal items through expansion joints;
except where indicated otherwise on Drawings. . ..
3. Seal completed expansion joints with ELASTO - Seal 227, Pourable Type
Manufactured by Pacific Polymers, Inc.,or approved equal for use in petroleum
tank farms I secondary containment enclosures.
E. Other Embedded Items: Place sleeves, inserts, anchors and embedded .items required for.
adjoining work prior to concreting. Place accurately, and support against displacemenl
3.03 PRODUCTION OF CONCRETE
A Ready-Mixed Concrete:
1. Batched mixed and transported in a=rdance with ASTM C94.
2. Plant equipment and facilities will conform to the Check List for Certification of
Ready Mixed Concrete Production Facilities of the National Ready Mixed Concrete
Association.
3.04 PLACING
A . General: In general, conduct concrete placement work in accordance with ACt 304 and
such additional requirements as specified herein.
B. Preparation:
1. Prepare Formwork in advance and remove snow, ice, water and debris from within
forms. Forrnwork as specified in Section 03100.
2. Pre-position reinforcement in advance of concrete pours. Concrete reinforcement
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as specified in Section 03200.
3. Pre-position expansion joint material. anchors and embedded items.
4. Provide 95% compacted crushed rock under the floor slab. Refer to the Drawings
for locations.
5. Wet subgrades in accordance with ACI to, eliminate water loss from concrete.
C. Conveying:
1. Handie concrete from mixer to final deposit rapidly by methods which will prevent
segregation or loss of ingredients to maintain required quality of concrete.
2. Do not convey concrete through aluminum or aluminum alloy.
3. Do not place concrete by pumps or other similer devices without prior written
approval oi Engineer.
D. Depositing:
1. Do not allow concrete to drop vertically more than 4 feet.
2. Deposit in epproximately horizontal layers of 12 to 18 Inches.
3. Do not allow concrete to flow laterally more than 3 feat.
4. Make placement within see-ions continuously to produce monolfthic unit.
5. CarTY on placing at such a rate that concrate which is being.integrated with iresh
concrete is still plastic.
6. Do not deposit concrete on concrete which has hardened sufficienUy to cause the
formation of seams or planes 'of weakness within sections.,.
7. Do not use concrete which has partially hardened or has been contaminated by
foreign materials.
8. Do not begin placing of concrete in .beams or slabs until concrete praviously
placed in walls or columns has'attained initial set.
g. Do not subject concrete to procedures which will cause segregation,
10, Do not bend reinforcement out of position when piacing concrete.
11. Do not place concrete In forms containing standing waler
E. Consolidation:
1. Consolidate concrete by vibration, spading, rodding or other manual methods,
Work concrete around reinforcement, embedded ftems and into comers: eliminate
all air or stone pockets and other causes of honeycombing,. pitting or pianes of
weakness,
2. Use vibration equipment of internal type and not the type attached to forms and
enforcement.
3. Use vibrators. capable of transmitting vibration to concrete in frequencies sufficient
to provide satisfactory consotidation. .
4. Do noUeave vibrators in One spot long enough to cause segregation, Remove
concrete segregated by vibrator operation.
5. Do not use vibrators to spread concrete,
6. Have sufficient reserve vibration equipment to guard against shutdown of work
occasioned by failure of equipment in operation.
F. Cold Weather Concreting: In general, perform cold weather concreting wor!< in accordance
with ACI 306R and the following additional requirements.
1. Temperature of concrete delivered at the job-site will conform to the following
temperature limitations:
Air Tempereture For sections with For sections with
deg. F. least dimension least dimension
less than 12 in. 12 in. or greater
W~~ W ~
Ot030 65 55
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2. If water or aggregate is heated above 100 degrees F, combine water with
aggregate in the mixer before cement is added. Do not mix cement with water or
with mixtures of water and aggregate having a temperature greater than 100
degrees F.
3. Provide equipment for heating concrete materials and protecting con-
concrete during freezing or near-freezing 'weather. Do not use foreign materials or
materials containing snow or ice.
4. Surfaces which the concrete is to come in contact with must be free of frost, snow
and iee.
5. Concrete placed in forms will have a temperature of 50 degrees F. or higher after
placement Maintain this temperature a minimum of 5 days. Provide additional
time if necessary for proper curing.
6. Housing, covering or other protection used in curing will remain intact at least 24
hours after artificial heating is discontinued. Do not place depandence on salt or
other chemicals for the prevention of freezing.
G. Hot Weather Concreting: In general, perform hot weather concrating work in accordance
with ACI 305R and the following additional requirements.
'1. ...... TemperatUre afechcrete delivered at the job-site will not exceed 90 degrees F.
2. Cool ingredients before mixing to prevent temperature in excess of 90 degrees F
'.3. ....'-Make previsions for windbreaks, shading, fog spraying, sprinkling or wet cover
. when necessary. .
3.05 FINISHING
A Finishes: Finish exposed concrete surfaces true and even, free from open or rough areas,
. :'depiessions 'or projections. Bring concrete up in vertical pours to the required elevation,
strike:off with'a straight edge and float-finish.
1.. . Spade Finish: obtained by forcing a fiat spade or similar device, down adjacent to
the form and pulling the top of the spade away from the form to bring mortar to the
surface next to the forms. After forms are removed satisfactorily, correct concrete
surface irregularities.
2:" Floated Finish: After concrete has been placed, consolidated, struck off and
leveled, do not work further unbl ready for floating. Begin floating when water sheen
. . .... has. disappeared arid when the surface has stiffened sufficiently to permit the
operation. During or after first floating, check planeness of surface with a 10- ft.
. 'straightedge applied at not less than two different angles. Cut down high spots and
fill low spots during this procedure to produce a surface with true planes within 1/4
.Inch in 10 It as determined by a 1 a-It straightedge placed anywhere on the slab In
any direction. Following strilightedge checking, refioat slab immediateiy to a
uniform sandy texture.
3. Steel Trowel Finish: Obtained by power troweling and hand troweling a Floated
Finish. First troweling after power floating will produce a smooth surface which is
relatively free of defects but which may still show some trowel marks. Perform
additional trowelings by hand atter the surface has hardened sufficiently. Perform
final troweling when a ringing sound is produced as the trowel is moved over the
surface. Thoroughly consolidate surface by hand trowel operations. Produce
finished surface essentially free of trowel marks, uniform in texture and
appearance, with true planes within 1/81nch in 10 It as determined by a la-ft..
straightedge placed anywhere on the slab in any direction.
4. Broom or Belt Finish: immediat"iy atter concrete has received a Floated Finish,
give surface a coarse transverse scored texture by drawing a broom or burlap belt
across the surface.
B. Application For Finishes: The following applications apply to concrete work other than
concrete columns.
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C.
1. Spade Finish:
a. Surfaces to be backfilled with earth and covered.
b. Suriaces to be rubbed.
2. Floated Finish:
a. Floor areas for reception of ceramic or quany tile.
b. Surfaces to receive Steel Trowel Finish. .
c. Surfaces to receive Broom or Belt Finish.
3. Steel Trowel Finish:
a. Interior floors intended as walking surfaces, interior vehicle traffic surfaces, Of for
reception of decorative floor coverings.
b. Bottoms of troughs, floor pits and floor trenches.
c. Suriaces receiving n integral hardener or sealer.
4. Broom or Belt Finish: Exterior concrete walks and steps not being constructed as
Srte Work.
5. Painted Surfaces: Eliminate air voids on the face of concrete to be painted.
Method of elimination must be approved by Engineer.
Concrete Hardeners and Sealers Application:
1. Chemical Hardener Application:
a. General:
1). Apply to all exposed cast-in-place concrete floors / drive lanes/ islands.
2). Concrete must be a minimum of ten days old and cured by water, paper or
polyethylene film. Gencrete may be cured with a non-residual curing
compound of 'the types approved by the hardener manufacturer.
b. Surface Preparation:
1). Surfaces must be clean, dry and free of residues, oil, wax, sealers, parting
compounds, laitance or other contaminants to promote maximum
penetration of hardener.
2). Existing concrete surfaces shall be prepared by sandblasting to remove all ,
residues, wax, oil, sealers, and other contaminants. All dust or deposits
produced during these procedures must be removed. Concrete suriace
shall then be further chemically cleaned as recommended by the hardener
manufacturer.
C.' (not used)
d. Application:
1). Apply three application of hardener.
2). Apply in accordance with hardener manufacture~s instructions, by the
methods as stated in such instructions.
2. Sealer Application,{Used Over Chemical Hardener):
a. Application:
1). Apply in accordance with manufacturers instructions by the methods as
stated in such instructions,
3.06 CURING AND PROTECTION
A General: Immediately after placement, protect concrete from premature drying, excessive
hot or cold temperatures and mechanical injury. Curing will be by either water curing or
sealing melhods in accordance with ACI 308.
B. Hot Weather Curing: See Hot Weather Concreting this Section.
C. Cold Weather Curing: See Cold Weather Gencreting this Section.
3.07 FIELD QUALITY CONTROL
A Concrete Testina to be orovided, Daid for and coordinated bv the contractor.
The following is an outline or the procedures the qualified inspection and testing agency will
comply with when testing concrete work.
1. Make cDncrate tests as work progresses. The Contractor is advised that failure of
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CHULA VISTA PU6LICWORKS
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the testing agency to detect defective work will not prevent rejection when defect is
discovered, nor wili it obiigate the Engineer for final acceptance.
2. Use the standard 6 x 12 cyiinder in concrete tests. Identify each test by number,
mix, amount of admixture, origin of sample in the project, the date test specimen
was made, the date test specimen was t~sted, the amount siump determined,
and the compressive strength test results.
3. Make one group of four (4) test cyiinders for each 100 cubic yards of concrete
poured or not less than four (4) test cylinders for any amount of concrete less than
100 cubic yards poured in one days work. The test requirements specified hereon
apply for each class of concrete poured.
4. Secure composite sample in accordance with ASTM C 172..
5. Mold and cura four the specimens for each strength test.
6. Test specimens in accordance with ASTM C 39. Test two specimens at7 days for
information and two at 28 days for acceptance.
7. Make slump tests for each strength test and whenever consistency of concrete
appears to vary in accoidance with ASTM C 143.
8. Make air content test for each strength test in accordance with ASTM C 231 or
ASTM C 173 e"cept IT aggregate with high absorptions are:used, use the latter
test method. ...
B. Evaluation and Acceptance: ..
1. The strength level of the concrete will be considered satisfactory IT 95% of the
strength test results and the averages of all sets of three consecutive strength test
results equal or exceed specified strength and no individual test result is below
specified strength by more than 500 psi.
2. if the strength of cylinders falls below specified compressive strengths, the
Engineer will have the right to onder a change in the mix proportions for the
remaining concrete being poured.
3. If required by the Engineer, obtain and test core specimens from hardened
concrate in accordance with ASTM C 42.
PART 4 _ MEASUREMENT AND PAYMENT
4.01 CAST-IN-PLACE CONCRETE will not be measured separately for payment. Full compensation for
Cast-in-Place Concrete, as shown on the drawings and as specified in these Special Provisions wili
be considered included in the contrect lump sum price, and no separate payment will be made
therefor.
-END OF SECTlON-
CHULA VISTA PUBLIC WORKS
03300-8
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7-85
CHULA VISTA PUBUC WORKS
GARY ENGINEERING, INC.
DIVISION 9 - FiNISHES
SECTION 09900. PAINTlNG
PART 1: GENERAL
1.01 SUMMARY
A. Section Includes:
1. Paint exterior surfaces except those specifically excluded on the Drawings.
3. Apply special coating to all exterior and interior metal surfaces not otherwise
indicated to receive a paint application, including columns, beams, trusses,
purlins, petroleum piping, electrical conduits, anchors, hangers, struts, plates, etc.
B. Exclusions: In addition to material obviously not requiring paint such as stainless steel,
plastic laminate, glass, flooring, and tile, do not paint or finish:
1. Surfaces indicated by finish schedule to remain unfinished.
2. Factory finished surfaces indicated to be factory finished.
a. Aluminum with anoolZed or baked-on finish.
b. Finish hardware, except hardware with USP finish.
c. Electrical devices, fixtures, and trim.
3. Equipment such as mechanical and electrical equipment located inside equipment
rooms.
1:02 . QUALITY ASSURANCE
A. Regulatory Requirements. Comply with state and local regulations regarding use of paint
materials.
B. Field Samples: Provide full coat finish samples, on minimum 100 sq fl wall surface, or
entire wall as directed, until required sheen, color and texture matching accepted finish
samples are achieved and accepted.
1. Final acceptance of finishes will be from field applied samples.
2. Accepted samples may not remain as part of Work.
C. Number of Coets: Number specified is minimum number acceptable, if full coverage is not
obtained with specified number of coats, apply additional coats as necessary to produce
requirad finish.
D. Coats and Undercoats: Comply with coating manufacturer's recommendations.
1.03 SUBMmALS: Complywilh Section 01300 and the following:
A. Color Schedule: Review drawings listing paint colors selected. Color selections will be
made by Engineer from color systems of rerognized paint company. No materials other
than Sinclair will be accepted. Colors shall match those selected.
B. Paint Samples:
1. r,(;.~aFE. !3fJelSUEH..it B 1,'2 i.."hc:.3 6] ~ 1.ineJ.c.~ pioll.t finizL Jelliplc.3 of ~a....tlI36int
flni3h 8f1~ eater.
2. r..c:"i3C, 811cl.<:'3t1bmit nl,iJh 3am~1e;.3 tint:l r_~LlifE:.a ::.j.[.~1I. '616[', eRa tc.,,:tl:lrc: 6.[...
achkv(;J lma B~pie:d.
C. Material List Immediately after Award of Contract, submit letter listing brand and quality of
each material proposed for the Work.
1. Claims by applicator conceming unsuitability of any material specified or inabir<ly
to produce first- class work with same, will not be entertained unless such cleim is
made, in writing, with material list submittal.
2. Obtain acceptance of matarial list before ordering materials.
1.04 DELIVERY. STORAGE. AND HANDLING: Comply with Section 01600 and the following:
A Delivery: Deliver materials required for painting in unbroken packages bearing brand end
name of manufacturer. Order meterials sufficiently in advance for delivery to site when
CHULA VISTA PUBUC WORKS
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PROJECT NO. CVPW..c01
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CHULA VISTA PUBLIC WORKS
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needed and in sufficient quantities so war!< will not be delayed.
B. Storage and mixing: Assign room or space in which to mix and store material.
C. Do not bring empty containers bearing name or brand of any manufacturer upon premises
for mixing of paint unless lebels are canceled and containers are cieerly marked as to
contents.
D. Inspection: Make paint storage and mixing area open for periodic inspection to insure only
accepted materials are being used.
1.05 PROJECT CONDIllONS
A. Existing Conditions:
1. Spaces: Clean before finishing is started. Do not finish rooms or spaces where
rubbish has accumulated or while rubbish is being removed. Finishing not allowed
in dusty rooms.
2. Do not remove rubbish while finish is fresh.
3. Surfaces: Dry end clean.
B. Environmental Requirements: Comply with manufacturers recommendations. Exterior
painting not allowed whiie dust is biowing.
1.06 MAINTENANCE
A. B:lra Materials: Furnish CI1Y with one full gallon each paint color and type used along with
color number and formula for each type in accordance with Section 01700. Epoxy and.
special coatings ere not included.
PART 2: PRODUCTS
2.01 MATERIALS
A. Acceptable Manufacturers: Best quality materiais as manufactured by one of following.
manufacturers will be acceptable:
1. Brush, roller or spray war!<:
a. ACt, Devoe Coatings
2. Special Coatings:
a. ACI, Devoe Coatings
b. Quality: Products not specified by name shall be "best grade" or "first
line" products of acceptable manufacturers, See Part 3 - Execution herein
for materials required for Project. Where possible, provide materials of
single manufacturer.
PART 3: EXECUTION
3.01 EXAMINATION
A. Verify layout of Work before beginning installation. .
B. Examine surfaces scheduled to'receive paint and finishes for conditions that will adversely
affect execution, permanence or quality of war!< and which cannot be put into acceptable
condition through preparatory war!< as included under Preparation.
C. Primer for special coating: Inspect surfaces to receive special coatings to ensure proper
primer has been applied.
D. Notffy the responsible trade and Engineer in writing of conditions adverse to the proper and
timely completion of the work.
E. Do not proceed with the painting until unsatisfactory conditions have been corrected.
F. Beginning Wor!< means acceptance of existing conditions.
3.02 PREPARATION
A. General:
1. Surfaces: Perfectly dry, clean and smooth before starting work. Fill cracks, holes
CHULA VISTA PUBLIC WORl<S
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PROJECT NO, CVPW..{l01
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CHULA VISTA PU8UC WORKS
GARY ENGINE:::RING, INC.
or checks full and make smooth before finish is applied to surfaces. Fill cracks,
etc.. which occur afier walls are primed.
2. Sand finishes an wood and metal surfaces between coats to assure smoothness
and adhesion of subsequent coats. Use exlra fine sandpaper, avoid cutting edges
when sanding. Apply putty or spackling cqmpound after surfaces are primed and
primer is dry. Bring material flush with adjoining surfaces.
B. Metals:
1. Primed ferrous metals: Remove foreign material from unprimed metal. Touch up
abrasions with ferrous metal primer. Sand shop primer on hollow metal work
immediately before painting; remove grease and dirt film from surfeces.
2. Unprimed ferrous metals: Remove nust, mill scales, and foreign mater by wire
brushing, scraping, sandblasting, or solvent, as required to provide clean, smooth
surface.
3. Zinc coated metals (galvanized sutfaces): Remove foreign matter and clean
surface with mineral spirits. pre-b'eat with phosphoric acid etch or vinyl wash.
Apply primer same day pretreatment is applied.
C. Gypsum Board: Remove foreign matter. Fill voids flush and smooth with spackle.
D. Plaster, Concrete, Masonry, and Other Surfaces: Remove foreign matter, including mortar,
from surface. Fill voids flush and smooth.
1. Interior concrete: Grout clean dawn as specified under Section 03300.
E. Protection: Protect floors and adjacent surfaces from paint smears, spatters, droppings, '
and overspray.
1 . Cover fixtures not to be painted. Mask off areas as required.
2. Finish hardware: Ensure hardware is removed prior to starting painting operations;
replace only after painting operations have been completed.
a. Hardware> removal. and replacement Section 08790.
F. Damage to Other Worle Be responsible for resulting damage to adjacent work. Repair
damaged work to satisfaction of CITY. Replace materials damaged to exlent materials
cannot be restored to original condition.
3.03 APPLICATION
A. Surfaces: If sutfaces are not in proper condition for painting, repair, rebuild or refinish before
proceeding with work. Be responsible for poor work caused by. improper surfaces.
Application of first coat does 'not relieve responsibility for base.
1.. . Do not apply finish on damp or wet sutfaces.
2. Factory primed surfaces: Finish with materials ccmpallble with primer.
B. General: Apply materials evenly without runs, sags, crawls, holidays, or other defects. Mix
paint to proper consistency, brush out smooth, leaving minimum of brush marks.
1. Allow each coat to dry thoroughly before starting application of successive coat.
2. Sand work between ccats on wood and metal.
C. Application: Apply material by brushes, rollers, or spray.
1. Roller appliad: Where paint or enamel is rolled on, use fine nap roller so nearly fiat
or orange peel texture is obtained.
D. Colors: Finish coat colors as selected by Engineer. Tint pigmented undercoats to
approximately same shade as finish coat, perceptibly increasing depth of shade in
successive coats.
3,04 MISCELLANEOUS REQUIREMENTS
A.. Machanical and Electrical Items:
1. Exposed piping in rooms where walls are finished, and elsewhere as Indicated:
a. Insulated pipe: Cover canvas jacket with one coat sealer and two coats fiat
wall paint.
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PROJECT NO. CVPW-001
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CHULA VI5T A PUBLIC WORKS
GARY ENGINEERING, INC.
b. Uninsulated piping: Finish as cal1ed for under ferrous zinc coated, and
factory primed metals.
2. Electrical wiremold: Paint to match wall on which instal1ed.
B. Exposed Steel Structure: Remove tags. wires, etc. before painting.
C. Surfaces to be Painted, but Not Specifically Described: Paint with product specifical1y
manufactured or prepared for material and surface. Provide primer plus two finish coats.
3,05 ADJUSTING AND CLEANING
A Touch Up: Touch up and restore abraded, stained, or otherwise damaged painted finishes.
Refinish areas as required to provide indicated and specified finishes matching accepted
field samples.
B, Cleaning: Remove spilled, splashed, and splattered paint from finish items and surfaces
without marring, damaging, or disfiguring surfaces.
1. Leave paint storage areas clean and as indicated and specified for completed
Project.
3.06' INTERIOR AND EXTERIOR COATING SYSTEM SCHEDULE
A ~'GeneraJ: Catalog names and numbers refar to Sinclair Paint Company and ACI. Devoe
.. ,', ' Coating products with numbers referring to white coior. Provide material in colors selected,
Provide minimum of fol1owing:
B: ' --'-..-:Enamel Paint:
_ '.' _ '. " 'For Coricrete:
First Coat
. _., Secorid Coat,
Third Coat
ago
975
5G25
Pigmented Sealer
Sinco Prime Undercoater
Sinco Satin Enamel (Semi Gloss)
C. Ferrous, Zinc Coated or Factory Primed Metals - Painted: Or at exposed structure only.
......,...
First Coat
Second 'Coat
Bar-Rust #235 Muiti-Purpose Epoxy Coating
Devthane #379 Aliphatic Urethane Gloss Enamel
D. Special Coating:
For Ferrous.or Factory Primed Metals:
First Coat '
Second Coat
Bar-Rust #235 Multi-Purpose Epoxy Coating
Devthane #379 Aliphatic Urethane Gloss Enamel
For Zinc Coated Metals (Galvanized):
Surface Preparation
First Coat
Second Coat
First Slep Metal Etch
Bar-Rust #235 Multi-Purpose Epoxy Coating
Devthane #379 Aliphatic Urethane Gloss Enamel
For Hol1ow Metal Frames, Doors and Door Louvers:
First Coat
Second Coat
Bar-Rust #235 Multi-Purpose Epoxy Coating
Dev'J1ane #379 Aliphatic Urethane Gloss Enamel
E. Epoxy:
CHULA VISTA PUBLIC WORKS
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PROJECT NO. CVPW-001
7-89
CHULA VISTA PUBLIC WORKS
GARY ENGINEERING, INC.
For Concrete Masonry Biocle
First Coat Tnemec Series 54-562 Modified Epoxy Masonry Filler, 80 sq
f'Jgal.
Tnemec Series 11 0 Tufcoa~ 2.0-2.5 Dry Film Mils.
TnemecSeries 110 Tufc?a~ 2.0-2.5 Dry Film Mils.
Second Coat
Third Coat
For other Surfaces:
Rrst Coat
Second Coat
Third Coat
Tnemec recommended primer for particular substrate.
Tnemec Series 110 Tufcoat, 2.0-2.5 Dry Film Mils.
Tnemec Series 110 Tufcoa~ 2.0-2.5 Dry Film Mils.
3.8 SPECIAL COATING SCHEDULE
A Special Coatings: Apply special coatings to following:
1 Miscellaneous metals:
a. Bollards.
b. Handrails.
c. Exposed metal plates, columns, trusses, purlins, beams, bracing,
Miscellaneous metal fabrications.
d. Petroleum Piping
e. Above ground conduits.
2 Other Items as indicated.
PART 4 - MEASUREMENT AND PAYMENT
4.01 FINISHES will not be measured separately for payment. The Contract unit price for Finishes shall
include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and.
for doing all the work required for the installation of Finishes completa in place, as shown in the
drawings and as specified in these Special Provisions.
-END OF SECTION-
CHULA VISTA PUBLIC WORKS
09900-5
PROJECT NO. CVPW~01
7-90
7-91
CHULA VISTA PUBLIC WORKS
GARY ENGINEERING, INC.
SECTION 13200 - STORAGE TANKS
PART 1 - GENERAL
1.01 SUMMARY
A The work includes furnishing and installing (1) 12,000 gallon, diesel above ground storage
tank and"(1) 12,000 gallon unleaded above ground storage tank (standard size ASTs) and
all related components as shown on the drawings and as specified in these Special
Provisions.
1.02 RELATED WORK SPECIFIED ELSEWHERE:
A Concrete: DIVISION 3
B. Mechanical: DIVISION 15
"C. Electrical: DIVISION 16
1.03 PRODUCT
A. AST as manufactured by Modem Welding Company, "Flreguard", Cylindrical Series,
Fresno, Califomia
1.04 SUBMITTALS:
A Shop drawings, product data, and descriptive literature for all materials, equipmen~
apparatus, and other crems as specified. Include the manufacturer's name, product and
catalog numbers. Mark all shop drawings and data submitted so that drawings and
manuals cleariy indicate the items applicable to the work to be performed.
B. Complete operations and maintenance manuals for all equipment furnished under this
section. Include all required cuts, drawings, equipment lists, descriptions, troubleshooting
lists, complete spare parts lists and complete schematic drawings.
C. A list of all nameplates and identification tags to be installed on all ASTs.
D. Redesign work, including redesign"plans and details, for additional structural, electrical or
mechanical work which is required because of the Contractor's use of an altemate item,
arrangement or equipment layout other than specified herein. All costs for the redesign
worie, including all additional structural, electrical and mechanical work, shall be the
responsibility of the Contractor. Redesigned or altered drawings, reviewed by the Engineer,
do not relieve the Contractor of the responsibility for proper and complete.installation and
operation of all materials and equipment, including related accessories.
E. permcr fees, submittal and acquisition which is required because of the Contractor's use of
an altemate crem other than specified herein.
F. Proposed testing and check out forms from regulatory agencies. Provide procedures with
specific instructions for the Checking and testing of AST. Include job safety rules in test
procedures.
G. Ust of qualified personnel for testing and checkout documenting requirements.
1.06 QUALIFICATIONS:
A Testing and checkout work is to be performed by qualified personnel skilled in the
particular tests being conducted. Personnel are to have at least five years of experience
with tests of the same type and size as specified.
PART 2 - PRODUCTS
CHULA VISTA PUBLIC WORKS
13200-1
PROJECT NO. CVPW~01
7-92
CHULA VISTA PUBLIC WORKS
GARY ENGINEERING, INC.
2.01 GENERAL:
A CERTIFICATION - FIRE TESTS (Cer'Jfied Results Reouired):
The vault assembly must undergo full scale testing with certified results by an
intemationally recognized independent fire/safety authority. Underwriters Laboratory 2085
Protected Tank and U.L. 20852 Hour Fire Wall. '
1.
A fully assembled fire resistant tank must be exposed to fire conditions simulating
a hydrocarbon pool fire with a minimum temperature of 2000d F. for a period of not
less than two hours. (As outlined by the 1997 Uniform Fire Code 1m. (U.F.C.)
appendix II-F in accondance with Uniform Fire Code Slandand 79-7 or UL subject
2085). The average temperature rise of 40 thermocouples on the inside surface of
the primary tank must not exceed 209d F. and no single thenmocouple may
register a temperature rise in excess of 245d F. The primary vessel must hold
a pressure of 3 to 5 psi for 1 hour, after the fire test.
Hose stream test performed on assembled unit immediately following the 2 hour,
2000d F. fire test. The unit must withstand the impact, erosion and cooling effects
of a hose stream without penetration of the primary tank. The hose. stream
pressure required is 30 psi at discharge for 2.5 minutes per 100 sf. of exposed
area. As required by the 1997 U.F.C., U.B.C. standard 43-1, and the 1994 SBCCL
Pool fire test. Fully assembled unit must be tested by ULC or other such authority
and determined to withstand a 0001 fire of diesel oil left buming to extinction.
Primary tank must be full of water during entire test and temperature rise of the
water must not exceed 3.5d F per hour. The total temperature rise of water
must not exceed 7d F. during at least a 2 hour fire test ._
Rapid Rise Fire Test. Vault including joint materials of two piece construction with
2" interstitial air space and primary tank filled with water must have a four hour fire
ratino at 2000d F. when tested in accordance with UL 1709.
2.
3.
4.
2.02 ENVIRONMENTAL AND SAFETY CERTIFIED RESULTS:
A . Califomia Air Research Boand (CARB) Certification is required. Evaporation and emission
control test requires that the temperature rise of the gasoline, inside a fully assembled and
filled unit that is solar heated for 5 hours under outdoor conditions outside air temperature
rise from 85d F. to 100d F., a change of 15d F. not to exceed 1d F. (or 0.2d F./hour.)
8. Bailistlc Protection Certification. Without penetrating the prtmary tank, the protected tanle
assembly must resist penetration of 5 rounds of 150 9rain M-2 ball ammunition having a
nominai muzzle veiocity of 2700 ftlsec fired from a .30 caliber rife at a distance of 100 It.
and meet the US Department of State ballistic resistance criteria.
C. Certified heavy vehicle impact protection. Without penetration of the primary tank, the
protected tank assembly must withstand a blow by a 12,000 lb. mass traveling 10 mph at
18 inches above the ground surface.
D. Certified Climatic/Environmental Protection. Evaiuation of all climactic/environmental
exposures to which the tank may be exposed during its anticipated service life, to assess
the ability of the protective characteristics of the tank to meet the thermal and physical
protection requirements specified in UFC Standard 79-7.
E. Code and Compiiance. Must meet current code requirements of the International Fire Code
Institute (IFCI) 1993, National Fire Protection Agency (NFPA 30) and (NFPA 30A), 1997
Uniform Fire Code (UFC Standard 79-7), UL Subject 2085, Underwriters of Canada (ULC)
ordinance for protected tanks and Southwest Research Inslltute (SwRI) Standard 93-01 for
special enclosures, protected enclosures and fire-resistive tanks. Must meet B.O.C.A.
National Fire Preventions Code for enclosed tank assemblies.
2.03 DlciHccrmlc DCOIGN I\CQUII\:MCNT:: ro:\ '/!\U~ r:D /,CCCMOL't.
13200-2
PROJECT NO. CVPW-001
CHULA VISTA PUBLIC WORKS
7-93
CHULA VISTA PUBLIC WORKS
GARY ENGINEERING, INC.
Pc f'nrLBfl vw3C: sMail L.::. c,l:naFk,a: e!~i::111 t.:;, ."iRiFfl~... ovc.lel_j 3_afflS a"d dimiFlat__ CUfl....f3
frol.. I5Fif.18Fl vC33d3 for rnz.xL,l:U" \e;.acl.:.t:I_.lgth pf~dljc.od 5J RoElp Ek.3iGf. BRa Optili,!;Jffi
p. odl:l~t oirol:llatlon.
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in3peetion. 10.. mainlcncncc ~ 16 :::tc_i D:tcr-io,r). 'iault ?hsll bi. ~,lindri::el d~3i~n ~;i:M
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C. \/atllt 3hall be. of hvo pic.ce:. ~f\3~, tJd:5ft e.J1OdlflG ref pAmer} y~s3d to be. ir,Spc.c:E.d y{ltllotlt
de3tfO) ir,~ cone, ct_ an elL
D. rfifflBf) ..:..33d Bfld pip': :-:3CfS 3f1al: 13"" :3elakd tfoff: all circ:.ct conta[.t .witf. col.actc.
C. CC.CoF,":8f,'t '~flta;f.mc.nt 3hall_x..,...._a ~.10~~ sf ~FiFF.al) wcssc:.l w't:J8cit nith 5r.c:. 3chedu::.
40 ~JrT pl~,- ri3~, fer intcF:\lilisl rMnilering Bnd en~ 3chcdl:ll~ 40 NrT pip_ r:3c. fe,
inier3titial ._At paFl. Intc,31:tial sp_e_ 'Mall 3up;>afl ;>h)3ical R",,,~itarin~ ancllcal. dci_etian
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13, 3!fl"ded ,aeu"'" tC3t te 8_,"re thet th~ a53~mbli :31i~uida~d .8~"r tighl Tl.c
int~f3liH61 3;>ac_ 3hall be 2 :",,1._3 t~ _fief aaditieAeJ the" "..I pr~Lct:OA.
r. TI,e 833cr"bl, 31.all <>df,) 6 U11rPJ )C3r ,.SfffiF,r, OG.C,il,;;J tne ;>':"'6f) lonl, ana can<lfcte
\Ietrlt-
2.04 U.L. LISTED CYLINDRICAL INTERNAL STEEL TANK:
A. Steel tank shall be Cylindrical shape for maximum load strangth and manufactured 10
UL 142 specifications. inclUding pressure testing complete with pipe risefs at 5 psig for one
hour. Continuous welded seams must conform 10 American Welding Society standafds.
B. Steel tank shall be coated with a rust preventive exterior oxide coatingc
C. Steel tank snail be supported by cylindrical concrete notched ribs Iin..d with petroleum
resistant anti galvanic gaskets. No difect contact belween steel lank and the concrete
vaull
D. Steel tank shall include 7 NPT threaded schedule 40 risers welded to the tank and of
sufficient length to extend above the concrele vault surface. The risers shall include one
special schedule 20 pipe riser sized for a submersible pump. No direct contact between
steel risers and concrete vaull Risers shall be sealed with a fire gasket of 2400d F. rated
alumina-silica ceramic refractory insuiation and a two componenl polyurethane'sealanl
Risers shall be liquid tight and vapor tight and each unit must be factory .tested by vacuum
to verify such.
E. Steel tank shall meet NFPA 30 for above ground tanks, to Include atmospheric venl and
emergency venl
2.0& CmICr-LTC V,o,UL T:
D.
~o;:r: ,&I:llt 3hall be. t..o ;>ialO ""!'lCl 101- ean3truetieR to er,able inlcrr,,,,1 ~tlO_1 tank
;~: ~~~;n, r.".peir Of f_pl~e~"'IOnL en"lIanal! b,: :..0 pi,:e:: (I:l~pef"a,:~~e~:'l c;:~:~A,
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;~"'~;~.~~ ~' droeacbel. e1e3temer. ,\fl ~xt"mal ..cather 6~alant 5hell ":-''' ~~ ~~p~~~
I Ltc J0::8! a33~mblJ 31".81: e.c:. 3t.GUf,-~ 5J ~f.j 6olt3 t':'Fql::lca t.... 100 ft.lr.3. :(.81
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t ,II ~;eft pri, , ,8f) . '-33,,1 ,AM", e) lir ,drical !ank 31:l~p~Fl rib5 tl1"t 3h~l~ be Iif':~~:~'1
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A.
c.
CHULA VISTA PUBLIC WORKS
13200-3
PROJECT NO. CVPW-001
7-94
CHULA VISTA PUSUC WORKS
GARY ENGINEERlNG, INC.
V8ttlt-
J. [. ,~::f3ti:':8: .:1;, 3~8['~ t~~.vCCf. ~"',__ t:;., ,l~ an':; ~Bt;lt 3:'8:: ~c .... minir"uw, 2 Ir,ch_3 of ire... flonil1;j
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8f'plicasle eode requiremenl3.
::. ::a.C:l shc.!: s....~~o~ le.:;, 3:-,E:: i"....:L;CL t..o {2j ~3t ill 3_:3Ff,L and f:!c.CG 811.::.1'15, 135iflt.....
L c.....-::_f;:', J:J~8C_ i3 ...38tc:.cl nUL .5... C~6^J be.3E.C 3__ffl: f.llC33
j5fOtc.....ti.c. fil,isl,. Cel6f t.J Be f1lBl"Iufacttln:., sffinaara color.
PART 3 - EXECUTION
3.01 PREPARATION:
A Grading: Perform final grading and paving prior 10 installalion of AST foundation.
B. Concrete: Inslall pad and foundation as shown on drawings.
3.02 INSTALLATiON:
A AST.
1. Install ~er manufacturers. instructions.
2. Install level and in'slraight alignment
3. Repair any damaged coatings wilh compatible and similar coating.
4. Apply coatings permanufaclurer's recommendations.
PART 4 - MEASUREMENT AND PAYMENT
4.01
STORAGE TANKS will nol be measured separalely for payment Full compensation iar
Storage Tanks, as shown on the drawings and as specified In the Special Provisions will
be considered in the conlract lump sum price, and no se~arate payment will be made
lhereof.
-END OF SECTION-
CHULA VISTA PUSLlC WORKS
13200-4
PROJECT NO. CVPW-001
7-95
- --..\ ~.. - "....
7-96
CHULA VISTA PUBLIC WORKS
GARY ENGINEERING
SECTION 13950 - FUEL SYSTEM GENERAL REQUIREMENTS
PART 1 - GENERAL
1.01 SUMMARY:
A. The work includes furnishing and installing all equipment and material for the complete
instailation of the fueling system as shown on the drawings and as specified in these
Special provisions.
B. The Contractor shall not supply, furnish, or install any pipe flanges, fittings, bolts or nuts of
foreign manufacture. All Pipe fianges, fittings, bolts and nuts shall be manufactured in the
United ::;tates Of America, and the Contractor shall warrant the U.S.A origin of all such
items. Pipe fianges and flttings shall bear a stamp attesting to their place of origin. The
Contractor shall provide written certification from the manufacturer as to the origin of all
flanges, fittings, bolts, and nuts installed an the projecllf, at any time, COUNTY
determines that any flanges, fittings, bolts or nuts are not of U.S.A. origin,:COUNTY.shall
be entitled to repiace all flange fittings, bolts, and nuls (as the case may be) without.the
need for individual testing for oonformance to technicai specifications or for proof of.
non-U. SA origin of the other items. Contractor shall be responsible for ell tabor, materials,
and consequential costs connected with such replacemenl
C. Related Work Specified Elsewhere:
1. Fuel, System Pipe, Connections, and Installation; SECTION 13955. .
2. Fuel System Equipment SECTION 13970
3. Inspection, Testing and Flushing: SECTION 13980
4. Fuel Control Systems: SECTION 13990
5. Painting: SECTION 09900
D. All ~ontrol and instrumentation provided under this division shall be accomplished under the
direction of the qualified system subcontractor described in DIVlSION 16.
1.02 REFERENCES:
Po_ UndeNJriters Laboratories (UL):
B. National Fire Protection Association (NFPA):
C. BOCA Basic National Mechanical Code.
1.03 SUBMITTALS:
A. Five (5) O&M manual submittals shall be bound in three-ring binders oonstructed of vinyl
oovered cardboard and shall be lebeled on front and spline as to projedname and number.
equipment manual addresses and related specmcation sections.
B.' Piping Fabrication Drawings:
1. Include in-plan view of all systems piping 1 inch and larger.
2. Submit before fabrication is begun,
C. Control and Instrumentation: Submit detailed drawings which include the following:
1. All control devices, valves, motors and controllers.
2. Construction electrical schematics and oonnection diagrams.
3. \Niring dlagf3ms detailing wiring for power and control systems; differentiating
bWJe8n manufacturer-installed wiring and field installed wiring.
D. Pumps, including performance curve and specified accessories.
CHULA VISTA PUBLIC WORKS
. 1395Q-1
PROJECT NO. CVPW-001
7-97
CHULA VlST A PUBLIC WORKS
GARY ENGINE:ERJNG
E. Filter Separators.
F. Manual Valves.
G. Control Valves.
H. Check Valves.
I.. Dispensers
J. Hoses end Couplings.
K Nozzles.
L Coating Matelials.
M. Piping Insulation.
1.04 QUALITY ASSURANCE:
A Acceptable Manufacturers: Specified in each Section oi this Division.
B. All equipment and material shall be the latest design, new, undeteriorated, and the first
quality standard product oi manufacturers regulariy engaged in the production oi such
equipment and material ior a minimuin bl5 years.
C. When two or more units of the same 'class oi equipment are required, they shall be
products of a single manufacturer.
D. Unless othe;wise specified, all ilems..matelials, and components specified herein shall be
suitable ior use within an automotive iue,1 system.
E. Regulatory Requirements: Comply with provisions of the following standards and codes:
1. NFPA 30.
2. NFPA 407.
3. NFPA 409.
4. NFPA 416.
5. BOCA Basic National Mechanical Code.
G. UL Compliance: Provide fuel systems piping components tanks which are listed and
labeled by UL.
1. UL58.
2. UL 1746.
3. Fire Protection Equipment List
PART 2 - PRODUCTS
A. Refer to Section 13970 - FUEL SYSTEM EQUIPMENT
PART 3 - EXECUTION
3.01 INSTALLATION:
A. Receive, unload, check and store in suitable facilities all equipment and matelial.
B. Examine all equipment and material for concealed damage and report any damage to the
Distlict
C. 8e responsible for the saiety and protection from loss or damage oi all equipment and
matelial received until the work is complete.
D. Pay all demurrage charges and claims for damage to vehicles resulting from the unloading
operation.
E. Protect all equipment and material duling storage and plior to start-up which shall include
the covelings of all openings, protection against rust and other damage, etc. Equipment
may be stored outdoors only if approved. Contractor shall protect all coated pipe and
fittings from ultraviolet deterioration.
F. Fumish all labor, materials and equipment necessary to make a complete Installation as
indicated and specified.
G. Provide all necessary supports, brackets or foundations ior properly installing all equipment
CHULA VlSTA PUBLIC WORKS
13950-2
PROJECT NO. CV?W-001
7-98
CHULA VISTA PUBLIC WORKS
GARY ENGINEERING
H.
I.
J.
K
L
M.
N. ..
o. "C",
.....P...
Q.~
.1"
R.
or temporary piping.
Coordinate with the other trades beiore installaUon of materials. No extra charges shall be
approved ier interferences due to lack of coordination.
All equipment shall be properly aligned, adjusted and lubricated before final acceptance.
Spot paint all equipment where the shop paint has been damaged or flaked off. Finish
painting of all exposed piping and mechanical equipment as specified in DIVISiON 9 unless
otherwise specified.
Fumish all bolts, studs, nuts and gaskets .for makeup of all connections to the equipment
and repiace all gaskets damaged during storage, inspection, cleaning or placing into
service.
Contractor shall be responsible for all added expenses due to his choice of equipment
Ail materials shall be installed at times necessary to avoid deiays in construcUon.
All work in existing buildings shall be done on a schedule as approved by COUNTY to
assure minimum interruptions.
Provide vents and drains at high and low points where indicated and as required elsewhere
ior satisfactory draining and venting oi fuel systems.
Piping shown on the pians is diagrammatic and not necessarily the exact routing. Provide
.. all. necessary bends that may be required to avoid conflict .
Provide sleeves and flashings for all piping penet"3ting walls and slabs. Provide ail required
opening's in walls and slabs.
Installation shall equal or exceed the minimum requiraments of the applicable codes and
these specifications; however, where iocal codes and ordinances are more stringent, they
shall govem.
Verify all measurements and location of existing iacilities and piping beiere commencing
,work.
Piping and equipment systems shall be installed, inspected, tested, flushed, and placed
into operation prior to complete installation of the Work. Contractor shall provide all
gaskets, companion flanges, bolting, weld caps, piping supports, temporary biank-off
plates, temporary piping systems, labor, materials and accessories required to place these
systems into operation.
u.
3.02 CONCRETE FOUNDATIONS:
A. Instail concrete foundations for the iollowing equipment
1. Aboveground Tanks
B. Size concrete equipment foundations to fit the equipment fumished and as'indicated.
C. Concrate and reinioncement shall conform to DIVISION 3.
3.03 FIELD TESTS:
A. Service and Test Engineers:
1. Furnish the services of experienced factory service engineers for at least the
minimum time specified and additional time as required to perfomn andlor
supervise the erection, start-up, testing and piacing into successful operation ail
equipment and to instruct the Authority's personnel in the operation of equipment
2. Upon anriving or leaving the job, site the manufacturer's service engineer shall report
to the Engineer's Resident Representative.
3. The service and test engineers required to conduct start-up and tests of the
systems and equipment fumished shall be called to the site only after the
installation is compiete and ready, and the City has been notified at least 72 hours
ot~QC"-"1
E:H~n B::/"'T \\.In r-vcw...JU....
rl-JllI A VIc::.T b. CII~1 Il'" wnQ~c::.
7-99
CHULA VISTA PU6UC WORKS
GARY ENGINEERING
in advance.
B. Testing:
1. Perform all tests as specified, recommended by the manufacturer, and required by
the codes. Additional tests deemed necessary by CITYshall be performed to
ensura proper operation and function of the equipment fumlshed, and to certify that
the furnished equipment meels the performance specified.
2. Perform tests before work is concealed and only after notiiying the CITY that items
are ready. All tests shall be witnessed by the CITY.
3. Conduct tests In a safe and orderly manner with qualified trained personnel in
accordance with safety codes and local ordinances.
4. Correct all deficiencies resulting from and revealed by the tests.
5. Equipment and System Performance, and Acceptance Tests:
a.
The Contractor shall coorennate and schedule all performance and acceptance
tests and ensure that all required lactory service CITYs and test personnel will be
present. The required test equipment and instruments will be available and
calibrated lor the tests.
The Contractor shall conduct all performance and acceptance tests, and provide all
test labor. '
Fumish all instruments, thermometers and gauges required lor testing. If the
accuracy or completeness of installed instrumentation is not sufficient, the
Contractor shall provide additional Instrumentation.
Provide all pipeline connections, valves, temporary connections and lines as
specified or as required for testing.
Make all performance tests as soon a,s practical alter successful operation to
determine if the equipment fumished meets the specifications and guarantees,
Notify the CITY at least one week in advance before the test Contractor shall
submit a written notice containing the test schedule, test procedure and the
personnel which will be present at the test
The Contractor shall prepare a typewritten report of the test and submit six copies
of all test log sheets and reports to the CITY as specified.
The Contractor shall fumish electrical power, water, and operating personnel for
start-up, operating and performance testing.
In the event of failure of any equipment or systems specified in this contract, to
operate and perform as specified, or if the equipment fails to meet the performance
guarantees provided for in this contract the CITY shall have the 'right to operate the
system or equipment until such defects have been remedied by the Contractor,
and the guarantees complied with. In the event that defects necessitate the
rejection of the system or equipment the CITY shall have the right to operate the
equipment without additionai cost until such time as
new equipment is provided to replace the rejected equipment Replacement of the
equipment shall be coordinated and scheduled with the CITY.
b,
c.
d.
e.
f.
g,
h.
L
7. Tests and Checks of Piping Systems for Acceptance:
a, Inspection, Testing and Flushing as speciiied in SECTION 13995.
3.04 FACTORY TESTS: For iactory testing 01 equipment, refer to specific sections 01 this Division where
equipment is specified.
4'lCl:tL4..
QP{"\ [C.r-T t.Jn ("'VDW...llI\<i
f""L-l11l A V1c::.T A DII;:::l1 'r wnplIrC:
7-100
CHULA VISTA PUBLIC WORKS
GARY ENGINEERING
PART 4 - MEASUREMENT AND PAYMENT
4.01 FUEL SYSTEM REQUIREMENTS will not be measured separately for payment Full
compensation for Full System Requirements, as shown on the drawings and as specified in t'le
Special Provisions will be considered in the contract lump sum price, and no separate payment will
be made thereof.
~END OF SECTJON~
f"1-Jt n A \/I~T A 0111:11 Ir.- Wt"lC!.l"C::::
i"1a.:::.n_.l::
cg(') u::rT 1oJr\ ("VOW...f\01
7-101
7-102
CHULA VISTA PUBLIC WORKS
GARY ENGINEERING, INC.
SECTION 13955 - FUEL SYSTEM PIPE, CONNECTIONS, AND INSTALLATION
PART1 -GENERAL
1.01 SUMMARY:
A The work includes iurnishing and installing vehicle iuenng systems, screwed pipe,
connections, and other materials as shown on the drawings and as specified in these
Special Provisions.
B. This Section also includes fuel system carrier piping, related fittings and materials.
C. The Contractor shall not supply, furnish, or install any pipe flanges, fit'Jngs, bolts or nuts of
foreign manufacture. All pipe flanges, fittings, bolts and nuts shall be manufactured in the
United States oi Arrerica, and the Contractor shall warrant the U.S.A origin of all such
items. Pipe flanges and fittings shall bear a stamp attesting to their place oi origin. The
Contractor shall provide written certification from the manuiacturer as to the origin of all
flanges, frttings, bolts, and nuts installed on the project. If, at any time, CITY detenmines
that any flanges, fittings, bolts or nuts are not oi U.S.A origin, CITY shall be entitled to
replace all flanges, andlor fittings, andlor bolts, andlor nuts (as the case may be) without
the need for individual testing for conformance to technical specmcations, or ior proof oi
non-U .SA origin of the other items. Contractor shall be responsible for all labor, materials,
and consequential costs connected with such replacement
D. Aboveground piping shall be oi conventional single-wall construction with pipe and frttings
as specified Herein ior "CARRIER PIPE."
E. Related Work Specified Elsewhere:
1. Fuel System General Requirements: SECTION 13950.
2. Fuel System Equipment SECTION 13970.
3. Inspection, Testing, and Flushing: SECTION 13980.
4. Fuel Control Systems: SECTION 13990.
5. Painting: Section 09900
F. All materials, items and components specified herein shall be suitable for use within an
truck. heavy equipment and automobile iuel system.
1.02 REFERENCES:
A Arrerican Society ior Testing and Materials (ASTM):
1. A53 - Pipe, Steel, Biack and Hot-Dipped, Zinc-Coated Welded and Seamless.
2. A 105 - Forgings, Carbon Steel, for Piping Components.
3. A181 - Forgings, Carbon Steel ior General Purpose Piping.
4. A194 - Carbon and Alloy Steel Nuts ior Bolts for High-Pressure and High
Temperature Service.
5. A234 _ Piping Fittings of Wrought Carbon Steel and Alloy Steel for Moderate and
Elevated Temperatures.
6. A307 - Carbon Steel Externally Threaded Standard Fasteners.
7. . A325 - High-Strength Bolts for Structural Steel Joints Including Suitable Nuts on
Plain Hardened Washers.
8. A563 - Carbon and Alloy Steel Nuts.
9. 0229 - Rigid Sheet and Plate Materials Used ior Electrical Insulation.
10. 816.5 - Pipe Flanges and Flanged Fittings.
8. American Petroleum Institute (API):
C. National Electrical Manufacturer's Association (NEMA)
CHULA VISTA PUBUC WORKS'
13955-1
PROJECT NO. CVPW-001
7-103
CHULA VISTA PUBLIC WOPJ<S
GARY ENGINE::RlNG, INC.
D. APCD Authority to Construct No.'
1.03 SUBMITTALS:
A General: SubmIT as specified in SECTION 13950.
B. Product Data: SubmIT manufacturers product data sheets, identlfying equipment sizes,
materials, pressure ratings, etc.
1.04 QUALITY ASSURANCE:
A All pipe and piping matenals shall be produced by a manufacturer approved by the
Engineer.
B. Appiicabie Codes and Standands: Specified in SECTION 13950.
2.01 MANUFACTURERS:
A Manufacturer. Subject to compiiance with requirements, provide products from one of the
following manufacturers:
1. DeublG Wall ri1'~
B. rLa Thread II,'...
b. /,FllG.fokDtlal.o] :a08/L
<. Or C~u81
2. Pipe Supports:
a. Grinnell.
b. Blaw-Knox.
c. Or Equal.
3. Flexible Connectors:
a. Everflex.
b. Resistofiax.
c. Or Equal.
4. Insulating Ranges:
a. PSI Products, Inc.
b. F. H. Maloney Co.
c. Or Equal.
5. Leak Detection System:
a. Veeder-Rool
b. Or Equal.
6. Pipe Sleeves:
a. PSI Products.
b. F. H. Maloney Co.
c. Or Equal.
2.02 FUEL CARRIER STEEL PIPING MATERIALS:
A Pipe under 2 inches shall be Schedule 80, pipe 2 inches through 10 inches shall be
Schedule 40, and 12 inches or larger shall be 3/8-inch (0.375-inch) wall thickness.
Certification shall be required.
B. Screwed connections may be used for 2 inches and smaller pipe only in pits, where
exposed. Screwed connections may be used in aboveground piping (or in pits) 2 inches
and smaller for vents and drains to atmosphere.
C. No pipe or fittings in the fuel piping systems shall be galvanized.
D. Stamp all pipe with specification and grade. Shop wrnpped pipe shall be stamped within 3
inches of end.
CHULA VISTA PUBLIC WORKS
13955-2
PROJECT NO. CVPW-001
7-104
CHULA VISTA PUBLIC WORKS
GARY ENGINEERING, INC.
2.03 CONTAINMENT PIPING MATERIALS:
A (Not applicable)
2.04 FITTINGS FOR WELDED CARRIER PIPE:
A (Not applicable)
2.05 FITTINGS FOR SCREWED FUEL PIPE:
A. 3,000-pound forged steel conforming to ANSI 816.11.
B. Threads of screwed jointed piping shall be full, clean, sharp, and true.
C. Bushings shall not be used except as noted on the drawings.
2.06 FLANGES AND GASKETS:
A. Flanges shall be standard weldneck type 150-pound forged steel, ASTM (A105) A181, and
ccnforming to ANSI 816.5, except where 300-pound flanges are required to ccrrespond to
the equipment to which the piping is joined.
B. Flange facings'shall ccrrespond to the equipment to which the piping Is joined, and unless
othelWise required. shall be standard 1/16-inch raised face flanges.
C. Flange gaskets shall be AFlexitallic Type CG@ using 304 stainless steel windings with
Flexite, nonasbestos flller, conforming to AP1 601.21.
D. Gaskets shall be resistant to the effects of hydrocarbon fuels and manufactured of
fire-resistant materials.
E. Full iace gaskets shall be used for flat face steel flanged joints.
F. Ring gaskets shall be used for steel flanged joints with raised face flanges.
G. Gaskets shall be 11B-inch in thickness.
2.07 FLANGE 80L TS AND NUTS:
A. Machine bolts shall be heavy hexagonal alloy carbon steel conforming to ASTM A 1 93
Grade 85 or ASTM A.325.
B. Nuts shall be heavy hexagon alloy carbon steel conforming to ASTM A563 Grade A
C. Stud bolts may be used as required for ccrresponding equipment.
2.08 FLEXIBLE CONNECTORS:
A Flexible connectors shall consist of a flexible PTFE (Teflon) connector with a stainless
steel wire braid. Connectors shall be constructed in accordance with UL-567.
2.09 PIPE SUPPORT:
A. Support design and location shall be as indicated. Refer to SECTION 13950.
B. Prcvide complete assemblies adequately rated for the applied loads.
C. Install all required Inserts and anchors prior to concrete placement.
D. Expansion bolts shall be as specified in SECTION 15144.
2.10 PIPE HANGERS. SUPPORT. AND ANCHORS:
A. Spacing and arrangements shall ccnlorm to SECTION 6(5), Chapter 1(2) of ANSI B31.1
Code lor Power Piping.
B. Contractor shall locate and prcvide supports for piping smaller than 2-112-inches in
CHULA VISTA PUBLIC WORKS
13955-3
PROJECT NO. CVPW-001
7-105
CHULA VISTA PUBLIC WORKS
GARY ENGINEERING, INC.
C.
,
I D.
I E.
,I F.
~ G.
,
H.
I.
J.
K
L
accordance with specified Codes and Standards.
Contractors shall provide additional supports as required due to changes in the pipe routing
or equipment supplied.
Reduce spacing one-quarter where changes in direction occur.
Pipes run parallel in the same plane may be supp~rted on gang hangers.
Provide complete assemblies adequately rated for the applied load.
Provide galvanized concrete inserts and shop or field-fabricated galvanized brackets or chip
angles of structural steel shapes where applicable.
Install to prevent sag or vibration and to adequately support the piping without interiering
with inherent flexibility.
Make adjustments after systems are placed in operation.
Install all required inserts and anchors prior to pouring of concrete.
, Explosion or powder driven fasteners shall not be used.
Fabricate anchors from the same materiais as the pipe and fasten securely to structure at
points of adequate structural strength.
, 2.11 LEAK DETECTlON SYSTEM:
_....,....
. '
'A',
,.....,-.-:-:;..
'B. -'
C.
Leak detection system shall consist of sensor cable located in the annular space of
aboveground tank. The cable shall be capable of sensing both hydrocarbons and water.
Cables shall be located as indicated on the contract drawings. Identification of the location
"of the leakage shall be accurate to within +10 feet over the entire length of the cable.
, Cable shall be sensitive to water and it shall be capable of detecting small 'puddles' of
condensation, annunciating the location of the water, being reset after aclmowledgment of
the alarm, and continue to monitor for hydrocarbon leakage.
Each segment of cable shall be capable of locating and displaying the source of leakage of
each aboveground tank. The location of the leak shall be displayed and also stoned in a
non-volatile memory register in the system's computer. Electrical components of the leak
detection system shall be as specified in DIVISION 16.
D.
2.12 WELDING ROD:
Pc (Not applicable)
2.13 SCREWED PIPE JOINT TAPE: Use TFE (teflon) tape on male threads at each threadedjoinl Tape
width. number of wraps, and use of additional paste sealant shall be in a=rdance with tape
manufacturer's recommendations.
PART 3 - EXECUTION
3.01 HAULING AND STRINGING PIPE:
Pc Periorm the hauling and stringing of pipe and other materials in such a manner as to
prevent damage to pipe and material. If damage is sustained, Contractor shall be
responsible for repair or replacement cosl
B. Galvanized metal Dr plastic caps covering the ends of the pipe shall remain in place until
the welding of the pipe. If any caps are nDt in place, resecure to the pipe ends tD prevent
dirt. water, etc.. and foreign material from entering.
C, String pipe Dn right-of-way in such a manner as to cause the least Interference with the
normal use of the land crossed. Leave gaps at intervals to permit use of land and passage
of equipmenl .
D. Contractor shall promptly repair, at his own expense, all roads, fences, building, or Dther
property damaged by him in the progress of the work.
13955-4
PROJECT NO. CVPW.{101
CHULA VISTA PUSLlC WORKS
7-106
CHULA VISTA PUBLIC WORKS
GARY ENGINEER.ING, INC.
3.02 LAYING UNDERGROUND PIPE:
A (Not applicable)
3.03 INSTALLATION OF ABOVEGROUND PIPE:
A Install completa with valves, fittings, and accessories and make all necessary connections.
B. Provide offsets, fittings, and accessories required to eliminate interferences and to match
actual equipment connection locations and arrangements.
C. Ali fabrication and Installation shall conform to ANSI 831.3 - Code for Chemical Plant and
Petroleum Refinery Piping.
D. Arrange all piping with proper slopes, true to line, without sags, traps, or pockets, and
pitched to drain at the lowest points so that entire systems can be emptied.
E. Provide high point vents, pump outs, and low point drains as required or indicated on the
drawings.
3.04 PIPE SLEEVES:
A. Sleeves:
1. Provide sieeves for all pipes passing through access vault walls and other concrete
or masonry structures.
2. Sleeve sizes up to 10-inches shall be Schedule 40 steel pipe or standard wall
thickness.
3. Sleeve sizes 12-inches and larger shall have 0.375-inch wall thickness or standard
wall thickness, whichever is greater.
4. Provide an anchor collar of the same type of steel as the sleeve.
5. The collar shall be welded all around on both sides to the sleeve at the point on the
sleeve that positions at the mid-point of the structural wall or pad when the sleeve
is in place. =
6. Sleeves shall e 2-inch nominal pipe size larger for pipes less than 4-inch nominal
diameter and two e sizes larger for pipes 4-inch nominal diameter and larger.
7. Sleeves through walls shall be groL~ed in place with non-shrink grout
8. Sleeves through pads shall be cast in place.
9. Piping shall be installed centered in sleeve.
B. Pipe Sleeve Seal:
1. Use one seal at each end of the sleeve through walls to keep the containment pipe
in proper alignment
. C. Pipe Sleeve Insulators:
1. Insulator shall be a segmented collar molded of high-<:lenslty polyethylene with
runners.
2. Shoe height of runners shall be as required to center the pipeline in the sleeve.
3. Flnmly bolt the insulator around the fuel pipe without damaging the pipe coating.
3.05 HANDLING COATED PIPE:
A Storage Racks:
1. Storage rack material shall be 4 to 6 inches in bearing width and placed not less
than 10 feet apart
CHULA VISTA PUBLIC WORKS
13955-5
PROJECT NO. CVPW-001
7-107
CHULA VISTA PUBLIC WORKS
GARY ENG1NEERlNG, INC.
2. Do not rack pipe 10 inches in diameter and larger mere than 2 sections in height;
and pipe 8 inches and under not more than 4 sections in height
3. Protect all racked pipe by use of suitable padded material between sections.
4. All coated pipe shall be protected from ultraviolet deterioration.
B. Handling Operation:
1. All trucks handling coated pipe shall have properiy padded bolsters, chains, and
binders so as to not damage the coating.
2. Pipe shall not be rolled off the trucle but shall be carefully lowered onto the skids
by mechanical equipment
3. Coated and wrapped sections of pipe shall be lifted with slings of approved width
and shall not be dragged or pulled into position.
3.06 PIPE CLEANING:
A Clean each joint before ins'callation into the system, to remove all loose debris.
B. Remove materials such as welding rods, etc., left inside after completion of the lines. Expense
incurred by CITY for removel of such objects' shall be reimbursed by the Contractor.
3.07
GAS-FREE CONDITIONS:
,- ,,'~--"
A All operations in the construction area that involve open flames or the possibility of arcing or
sparking shall be conducted in a Gas-F ree condition.
B. These operations shall include bur not be lir'nited to the fallowing:
1. Use of internal combustion engines not equipped with Underwriters' approved spark
and flame eliminators.
2. Use of electric motors or el~ctric devices with arcing brushes or sliding contacts
that could produce arcing or sparking.
3. Use of tools which may produce impact sparks.
4. Electric or gas welding. .
5. Use of cutting or other torches or other open-flame equipment
6. Holiday testing.
7. Use of equipment with hot surfaces or gloving elements.
8. Use of any other equipment or procedure that could create a flre hazard.
c. It shall be the responsibility of the Contractor to monitor the usa and suitability of the
equipment and procedures on the job and maintain a safe Gas-Free condition when
necessary during construction. .
D. Prior to commencing any phase.of the work. requiring a gas-free condition, the Contractor
shall make the following provisions: .
1. Empty pipes containing fuel and purge of all vapors.
2. Isolate, blanle off, and adequately ventilate open piping sections so that no part of
the pipe containing fuel or vapors is exposed.
3. Drain and ventilate fuel tanks prior to work inside tanks or on any of the tank
connections.
4. Make certain that there are no open pools or reservoirs of fuel exposed in the
vicinity of the work.
5. Perform all other safety precautions necessary to ensure that these operations are
conducted in a safe manner in accordance with all applicable codes.
E. Utilize a combustible gas analyZer to make certain no combustibie gas concentrations
CHULA VISTA PUBLIC WORKS
13955-6
PROJECT NO. CVPW-001
7-108
CHULA VISTA PUSUC WORKS
GARY eNGINEERING, INC.
exist in the construction area when performing these operations.
3.08 PERMITS: Previde special parmits required for any work under the various sections of this Section
of the Specification and pay all permit fees.
3.09 WELDED JOINTS:
A (Not applicable)
PART 4 - MEASUREMENT AND PAYMENT
4.01 FUEL SYSTEM PIPE. CONNECTIONS AND INSTALLATION will not be measured separately far
paymenl Full compensation for Fuel System Pipe, Connections and Installation, as shown on the
drawings and as specified in 'the Special Provisions will be considered in the contract lump sum
price, and no separate payment will be made thereof.
-END OF SEC1l0N-'
., ,., w._..:.~. _.. ...
"... ~ --"
CHULA VISTA PUBLIC WORKS
13955-7
PROJECT NO. CVPW-001
7-109
7-110
CHULA VISTA PUBUC WORKS
GARY ENGINEERING, INC.
SECTION 13970 - FUEL SYSTEM EQUIPMENT
PART 1 -GENERAL
1.01 SUMMARY:
A. The work includes furnishing and installing valves, pumps, filters, and other appurtenances
appiicable to the fuel system as shown on the drawings and as specified in these Special
Provisions.
B. The Contractor, shall not supply, furnish, fittings, bolts or nuts of foreign manufacture. All
pipe fianges, fittings, bolts and nuts shall be manufactured in the United States of America,
and the Contractor shall werrant the U.SA origin of all such ttems. Pipe flanges and
fittings shall bear a stamp attesting to their place of origin. The Contractor shall provide
written certification from the manufacturer as to the origin of all flanges, fittings, bolts, and
nuts installed on the projecllf, at any time, CITY Energy detarmines that any flanges,
fittings, bolts or nuts are not of U.SA origin, CITY shall be entitled to replace all flanges,
fittings, bolts, and nuts (as the case may be) withouUhe need for individual testing for
conformance to tachnical specifications, or for proof of non-U.SA origin of the other items.
Contractor shall be responsibla for all labor, materials, and consequential costs connected
with such replacemenl
C. Related Work Specified Elsewhere:
1. For general requirements of fueling system: DIVISION 13, ALL SECTIONS.
2. Electrical Work: DIVISION 16.
D. Extent of Work shall be as follows:
1. All special valves, pilots, fittings, equipment, etc., shall meet the following
requirements,
a. Be furnished, installed, tested, and put into successful operation,
b. Be complete with all necessary miscellaneous pipe, valves, unions,
fittings, auxiliaries, etc., whether shown on the drawings or not, but
required.
c. Meet the requirements of applicable codes and standards as specified.
2. Piping connected to equipment which must vary from the drawings shall be
fumished and installed as required to make a complete and workable installation
without additional cost to CITY. This requirement includes changes due to the
selection of a different equipment manufacturer than what is shown on the
drawings or a design change made by the manufacturer between the time the
piping system wes designed and installed.
3. Control Valves: Fumish completa with pilots, couplings, tubing, etc.
4. Spare, Replacement or Additional Parts:
a. Where spare, replacement or additional parts are required for the
equipment specified herein, these items shall be delivered to the CiTY
immediately upon. receipt at the job site.
b. Parts shall be packaged and sealed for long storage and be securely and
visibly labeled as to part, function, and name of equipment to which they
apply.
c. The Contractor shall prepare an inventory list of the items delivered to the
CITY.
E. This Section covers valves, pumps, filters, and piping accessories related to the fueling
system for this projecl All ttems, materials, and components specified herein shall be
suitable for use with truck, heavy equipment and automobile fuel systems.
13970-1
PROJECT NO. CVPW-Q01
CHULA VISTA PUBLIC WORKS
7-111
CHULA VISTA PUBLIC WORKS
GARY ENGINEERING, INC.
1.02 REFERENCES:
A.
B.
C.
D.
E.
F.
G.
H.
l.
American Society far Testing and Materials (ASTM):
American National Standards Instilllle (ANSI):
Oil Companies Materials Association (OCMA).
American Petroleum Instilllle (API):
'Underwriters Laboratories (Ul).
Factory Mutual Engineering Division (FM).
National Eiectrical Manufacturers' Association (NEMA).
Anti-Friction Bearing Manufacturers' Association (AFBMA).
American Society of Mechanical Engineers (ASME).
1.03 SUBMITTALS
1.04 TESTING
A Contractodo s'ubrnit(5) five bound submittals of the Product Data for selected
. models of equipment, including all accessories..
A The complete modifications and all associated operating devices shall be thoroughly tasted
and put in proper operating condition by the Contractor. Contractor will furnish a test
" prcicedUl-e that is subject to ihe CITY of Chula Vista's approval. System will then be
checked monthly by the Contractor for a period of three (3) months to assure proper
working order.
PART 2 - PRODUCTS
. A Existing Card Reader to be re-used:
2.01 MANUFACTURERS:"
A Manufacturers: Subject to compliance with requirements, provide products by one of the
following or approved equal by the CITY:
.... .
1. Above Ground Storage Tanks (see Specification 13200)
b.Fuel Dispensers - (5) required (2 unleaded and 3 diesel)
Unleaded/Diesel Dispenser - Gasboy # 9B52QX1W1 Series Electronic Dispensers
All fuel dispensers" to have factory stainless steel front panels, black side panels,
filters, card system interface, pulsers and Vapor Return kit far unleaded.
2. Tanl< Filling Systems - (2) required
a. Baker Industries Ground level Spill Containers Model #BAK-70D-3 with
Gasboy Handpump Model #GAS049B16
4. Above Ground Dispenser Containment Sumps - (5) required
a. Bravo Systems Model B-8600 UDC's wlEmergency Shut-off Valves and
entry fittings.
OPW 60VSP-l001 (1 v.;" double poppet) Vapor Return
5. Submersible Pumps - (2) required
a. Red Jacket _ 2 H.P. w/controllers and Mechanical Line leak Detectors
6. Retractors - (5) required
13970-2
PROJECT NO. CVPW-001
CHULA VISTA PUBLIC WORKS
7-112
CHULA VISTA PUBUC WORKS GARY ENGINEERING, INC.
a. OPW/Pomero Model #6100AGBR
7. Unleaded Fuel Hoses - (4) required
a. Healy Series #75B - Standard flaw, unleaded
8. Diesel Fuel Hoses - (5) required
a. Dayeo Petroflex 2000 - Standard flow, diesel
8. Unleaded FilterlManifold (2 required) (for diesel)
a. Clm-Tel< Filiretion - 200AE w/single manifold
9. Unleaded Fuel Nozzle - (4) required
a. Heaiy Model 400-ORVR
9. Diesel Fuel Nozzle - (2) required
a. Pomeco
10. Hose Swivel Joint & Breakaway
a. Emco Wheaton (Style 20).
Nate: Per CITY's request, install one additional Hose Swivel at
each Hose. Unleaded use Healy #8701W
11. Emergancy Shutoff Valve
a. Bravo Series (1 Yo" single poppet) - Standard Flow
12. Full Port Ball Valves - (as required)
a. Apollo (far Turbines and Fill Boxes)
1. Turbine Flex Connector - (2) required
a. Teleflex (2" x 24")
1. Leak Detection Monitoring & Gauging System:
1. Veeder-Root TLS-350 Console (existing to be re-used)
2. (2) Mag 1 Probe and Installation kits (per AST diameter)
3. (2) Interstitial Sensors
4. (1) Overfill Alanm and Acknowledgement Switch
6. (2) Morrison Bras. Co. Fig. 818 Series Clock Gauge
2.02 SUBMERSIBLE PUMPS:
A General Requirements: Pumps shall be of the submersible type, and be manufactured
specifically for handling petroleum fuels. Pumps shall be complete with motor, shaft,
coupling, Impellers, and integral leak detection device, and all accessories, parts and
materials necessary for a complete Installation. Install fer use in a Healy System per
Executive Order G-70-187
B. Perfonmance Characteristics:
1. Pumps shall be suitable for the fluids and operating conditions listed herein.
2. Pumps shall operate within +1- 5% of published flow vs. discharge head curves.
C. Construction:
1. Manifold head and leak detector shall be grey cast iron.
2. Column pipe shall be carbon steel.
3. Interior electrical conduit shall be rigid steel or aluminum.
MORENO VALLEY FLEET SERVICES
13970-3
PROJECT NO. COR~04
7-113
CHULA VlST A PUBLIC WORKS
GARY ENGINEERING, INC.
4. Provide elastomer AO" rings and seals of Buna-N or Vrton.
D. Tests:
1. Performance tests shall be conducted on all pumps. Provide certified performance
curves, indicating discharge pressure, capacity, speed, and horsepower.
E. Component Features:
1. Pump: Pump shall be two stage, self-Iubricating.and easily removed from the
storage tank without disconnecting discharge piping. The pump and motor
assembly shall be readily separable from the pump column pipe to allow for field
replacement of the pump and motor.
2. Impellers: Impellers shall be either splined or keyed to the pump shaft to provide
positive, nonslip rotation.
F. Inlet Diffusers: Diffusers shall be tightly secured to the lowermotol'.bearing housing to.
prevent rotation. Manifold Head Assembly: Manifold assembly shall be completely sealed
against product leakage into the ground and exterior water leakage into the storage tank.
The head shall have a built-In air eliminator, line check valve, and pressure relief vaive which
relieves to 8-20 PSI. " "-,
G. Leak Detection Device: Leak detector shall be a mechanical diaphragm or piston operated,
three position, pressure sensing valve which installs.directly in a.Z~ NPT opening in the
head of the submerged pump, or flanged into the discharge piping_ Shall be capable of
detecting any line ieak downstream of the leak detector which is greater than three GPH.
Reduced flow of two to three GPM will indicate a line leak is presenl
H. Submersible Pump:
1. Motor shall be 2.0 HP
2. Motor speed shall be 3450 RPM.
3. Motor shall be exploslon-proof rated for use in Class 1, Group D, flammable
solvents, with hermetically sealed motor windings to protect against leakage. of
product or moisture into the motor.
4. Motor shall have a thermal overioad device with automatic reset built into the motor
for cut-off when motor temperature reaches a level which may cause motor
damage.
5. The motor shall have a quick-disconnect type malelfemale connector to be readily
separable for servicing without cutting or splicing of conducting wires.
Reconnecting motor to column pipe shall use an alignment dowel pin for positive
realignment of electrical maleltemale connector. .
2.08 FILTER SEPARATORS:
A. General Requirements: Vertical fllter separator for removing free and entrained water and
soUd contaminants.
2.03 EMERGENCY SHUT -OFF VALVE:
A. Shut-off valve top section shall shear off if struck. Poppet shall close on impact, preventing
flow of fuel.
B. Shut-off valve shall also be equipped with a fusible link. Poppet shall spring close when the
fusible link Is exposed to 140'F temperature.
C. Shut-off valve shall be provided with a stabilizer bar assembly.
D. Valve shall be installed in the fuel line to the dispensers level within the piping sump.
MORENO VALLEY FLEET SERVICES
13970-4
PROJECT NO. COR-004
7-114
CHULA VISTA PUBLIC WORKS
GARY ENGINEE:R1NG, INC.
PART 3 .. EXECUTION
3.01 SETTING AND ALIGNING EQUIPMENT:
A. . Set and align all equipment supplied under this d,ivision in accordance with manufacturers
recommendations and applicable standards of good practice.
B. Set true and ievel all equipment at the locations shown. Demonstrate adequate leveling of
installed equipment
C. Provide coupling alignment records indicating parallel and angular diai indicator readings as
well as couplirig manutacturer's tolerances. Alignment for pumps, couplings and drivers
requiring a "cold" and "hof settings shall be checked in both conditions and so indicated on
the alignment record.
D. Re-tighten all bolted connections after installation.
3.02 INSPECTIONS:
A The work will be inspeCted,by the CITY at intervals appropriate to the stage of construction
during the courSe of construction.
B. Provide for inspecticin'iiyall oiherS having jurisdiction over the work performed under the
verious sections of this Division of the specifications during the proper phase.
C. At time of finai inspection, furnish certificate or certificates of final approval by all others
having jurisdiction.
3.03 START- UP MOTORS AND DRIVES: ,
A Check all motorS' and 'drives carefully for correct rotation and alignment before placing
equipment into operation.
B. Disconnect and realign couplings before piacing into service or testing,
3.04 ADJUSTMENTS CALlBRATlON:
A Contractor shall adjust all valves for the fiows, level settings and pressure settings
indicated and specified. '
B. Set rate of closure of control valves to eliminate surges and shocks in the systems as
installed. '.. . '
C. Final adjustments shall be made during system operation prior to final start-up.
D. Adjust all items atstart-up, including flow rates, pressure settings, meter settings and
other variables as required by the CITY.
3.05 GAUGES: Install where indicated on the drawings.
3.06 VALVE AND EQUIPMENT INSTALLATION:
A Install where indicated on the drawings and in accordance with manufacturer's
recommendations.
B. Replace any and all valves and equipment that prove defective during testing.
C. Anrange all valves during installation such that operating handles and controls are
accessible, have sufficient clearance, and in the correct orientation for the District's
operation.
D. For adapters with integral screens; remove, clean, and reinstall screen after completion of
flushing, before putting system Into service.
3.07 PIT ASSEMBLIES:
A Although the pit assemblies have been specified as assemblies, certain components may
be shipped loose. It is the responsibility of the Contractor to account for all loose
MORENO VALLEY FLEET SERVICES
13970-5
PROJECT NO. COR-ll04
7-115
CHULA VISTA PUBLIC WORKS
GARY ENGINEERING, INC.
components and assemble.
3.08 CLEANING AND PROTECTION:
A. Clean all fabricated assemblies and all equipment items thoroughly before operating or
testing. .
B. Protect equipment from damage, deterioration, paint or coating spills or spats, corrosion,
or heat from any source.
:>.9
. EQUIPMENT TEST AND CHECKOUT:
A. Before equipment installations will be accepted, the Contractor- furnished equipment shall
be tested and demonstrated to be correctly connected and installed.
B. All testing and checkout proc...oduras of the manufacturer shall be carried aut completely.
C. All tested equipment found to be defective or inoperable to any extent is to be reported to
Client immediately.
D. Any operating difficulty or defective item as a result of the Contractors work shall be
repaired or replaced and put into proper operation by the Contractor immediately.
E. '. .. Protect all equipment and surrounding areas from damage resulting from testing
. operations. .Clean up any spills or leakage from testing,
: -PART 4 - MEASUREMENT AND PAYMENT
. ._~ . .-. _.. ,'..-
FUEL SYSTEM EQUIPMENT will not be measured separately for payment. Full compensation ior
Fuel System Equipment, as shawn an the drawings and as specified in the Special Provisions will
.be considered in the contract.lump sum price, and no separate payment will be made thereof.
..' c-:,.'..:'A:D1.
.". ..,"--""---- _.-
-END OF SECTIOW-
MORENO VALLEY FLEET SERVICES
13970-6
PROJECT NO. COR-004
7-116
7-117
CHULA VISTA PUBLIC WORKS
GARY ENGINEERING, INC.
SECTION 13980 -INSPECTION, TESTING, AND FLUSHING
PART 1 - GENERAL
1.01 SUMMARY:
A. The work includes the inspection, testing, flushing and filing of all fuel system piping.
S. Testing of fuel piping is to be performed in accordance with the Petroleum Refinery Piping
Code, ANSI 831.3, where applicable.
C. Provide for the "Gas Free" conditions required by SECTION as applicable to the work of
this Section.
D. Testing of Facility to be performed as required by the San Diego County Air Pollution
Control District, City of Chula Vista Fire Marshall and the County of San Diego Dept. of
Environmental Health (UDC's and piping).
E. Related work specified elsewhere in Division 13~
1.02 REFERENCES:
A. American Society for Testing and Materials (ASTM):
B. American National Standards Institute (ANSI):
1. 831.3 _ Chemical Plant and PetrQleum Reflnery Piping.
1.03 SUBMITTALS:
A. Submit detailed procedures for testing methods for approval before proc..."8<fing with pipe
fabrication. This includes all pressure testing.
1.04 QUALITY ASSURANCE:
A. All tests (pressure testing) shall be performed in accordance with ANSI 31.3. All flushing
shall be performed in accoroance with AT A Spec. No.1 03.
PART 2 _ PRODUCTS NOT APPLICABLE
PART 3 - EXECUTION
3.01 GENERAL:
A. CITY will provlde.the fuel for testing of system. CITY will fill ASTs to approximately 50% of
capacity for contractors use for testing.
B. Compressors used far air testing shall have sufficient capacity to bring the system under
test up to the test pressure in a maximum of 20 minutes.
C. The Contractor shall furnish and operate all equipment required, including tankers, fuel
transport trucks, gauges, instruments, hoses, connections, temporary pumps, temporary
filters, strainers and other items specified or required. .
D. Procedures:
1. Hydrostatically test fuel (carrier) piping.
2. Flush fuel (carrier) piping.
3. Water shall not be used for testing fuel piping.
4. Perform preliminary pneumatic tests. and final hydrostatic fuel tests before piping
joints are. concealed with backfill or other construction.
CHULA VISTA PUBLIC WORKS
13980-1
PROJECT NO. CVPW-001
7-118
CHULA VISTA PUBLIC WORKS
GARY ENGINEERING, INC.
1. Notiiy the proper authorities and the Engineer that items are ready for inspection
and testing. Seventy-two hours notice shall be given ior all inspection and tests.
2. Furnish and install all necessary equipment, materials, and personnel including
pumps, compressors, gauges, and valves.
3. Conduct the tests oi all systems in a saie manner and correct all deficiencies.
4. Apply the specified test pressures by means of a pump or compressor connected
to the piping of highest elevation, and plug tightiy afterwards. Coat all pipe taps
after completion oi tests as specified for valves.
5. Be fully responsible for operating trucks and equipment throughout t'1e testing
and flushing operations.
6. Obtain and pay ior all necessary approvals, acceptances and pemnits.
7. Contractor shall make provisions to conduct all tests during inclement weather, if
necessary.
3.02 CONTAINMENT PIPING TEST:
A. (Not applicable)
3.03 CARRIER PIPING TEST:
A.. '., Apply a liquid pressure test with a grade and type oi fuel approved by the Engineer to
each system.
B. . ... '.'. The pressure s.hall be gradually increased until a gage pressure which is one-half the test
pressure (25 psig) is attained, at which time a preliminary check shall be made, including
examination of joints in accordance with B31.3. Thereafter, the pressure shall be
gradually increased in steps until the test pressure (50 psig) is reached, holding the
.... .pressure at ea9h step. long enough to equalize piping strains.
C'" ,The test pressure (50 psig) shall be maintained ior at least 4 hours.
. . '0. Decrease pressure by venting at high points and then increase again to the test pressure
and hold again ior a 48-hour period.
E. Repair any leaks in a maimer approved by the Engineer.
F. Pemanent valves and adapters which are rated for the test pressure shall be in place for
the liquid pressure test. Equipment which is not rated by the manufacturer for tihe test
pressure shall be removed prior to testing. Install temporary connections as necessary.
3.04 RADIOGRAPHING:
A. (Not applicable)
3.06 TESTING OF INSULATED FLANGES AND JOINTS:
A. . (Not applicable)
3.07 FLUSHING:
A. Before the new fuel transier system, or portion thereof, is placed into service, all piping
affected by change must be flushed to ensure system cleanliness before fueling is
permitted.
1. Procedure:
Caution: All electrical and motortzed equipment in area should be shut down in case of a
mishap or fuel spill. For safety, all persons not involved in the flushing operation must be
kept a minimum of 100 feet away from tank trucks and hydrant pits used in the flushing
operation.
2. Start product flow slowly before reaching flushing vei'ocity to check ior leaks and system
CHULA VISTA PUBLIC WORKS
13980-2
PROJECT NO. CVPW-001
7-119
CHULA VISTA PUBLIC WORKS
GARY ENGINEERING, INC.
tightness.
3. Fire extinguishers are to be in place in case of emergency.
4. Location of test personnel:
(1) One person per each tank truck to monitor fuei level in tank.
(2) One person at each refueller loading station to control fuel fiow into tank truck.
(3) One person at main pump control station to shut down pumps in emergency.
(4) One person at nearest terminal ESO station to shut down pumps in
emergency.
(5) One person manning fire extinguishers.
(6) One person removed from manual tasks in command of fiushing operation.
B. Acceptance Specifications:
1. Visual _ All fuel samples must be clear and brighl Other visual clues must be observed
and acted upon accordingly, I.e.; feel, color, odor, etc. This test shall be performed with a
minimum of I gallon of fuel.
2. Water. 5 ppm maximum.
C.
Final Acceptance:
1. It shall be the responsibility of CITY's fuel quality assurance representative, or his
designee, to have final decision on system cleanliness and acceptance before fuel
servicing is permitted.
D.
After fiushing has been completed and approved, the Contractor shall remove all
temporary cross connections, spool pieces, etc., and install control valves, metering
elements, strainer baskets, etc. The Contractor shall also be responsible for replacing all
filter media and cieaning the interior of aboveground fuel storage tanks after fiushing has
been completed so that tl)e entire facility may be received in a new and clean condition.
3.08 FILLING FUEL LINES: After flushing, Contractor shell completely fill all fuel lines with fuel.
3.09 PERFORMANCE TESTING:
A. The Contractor shall subject the entire fueling system to such operating tests as required
by the Engineer, to demonstrate satisfactory functioning and operating efficiency.
B. Tests shall include checks to determine that all control valves/switches are properly
adjusted.
C. Testing shall include the functions of the complete electrical system. .
D. All instruments required to conduct the tests shall be furnished by the Contractor.
E. All tests shall be witnessed by a representative of the Engineer.
PART 4 _ MEASUREMENT AND PAYMENT
4.01 INSPECTION. TESTING AND FLUSHING will not be measured separately for paymenl Full
compensation for Inspection, Testing and Flushing, as shown on the drawings and as specified in
the Special Provisions will be considered in the contract lump sum price, and no separata
payment will be made thereof.
-END OF SECTiON-
CHULA VISTA PUBLIC WORKS
13980-3
PROJECT NO. CVPW.001
7-120
7-121
CHULA ViSTA PUBLIC WORKS
GARY ENGINEERING, INC.
SECTION 13990 - FUEL CONTROL SYSTEMS
PART 1 - GENERAL
1.01 SUMMARY:
A. These Specifications and Drawings coverthe Electrical and related systems inciuding but not
limited to the following:
1. Power and control conduit and wiring system for pumps, dispensers and related work
as may be noted.
2. leak detection and gauging conduit and cable wiring and connections.
3. Interface work and startup between existing Fuel Site Controller and new leak
Detection and Gauging Unit .
4 Miscellaneous work such as cutting, coring, patching, and the provisions of hangers,
anchors, sleeves and supports.
5. Painting of all conduits and hangers per Section 09900.
6. Finalizing work such as cleaning, testing, adjusting and The furnishing of "As-Built'
drawings, certifications and guarantee.
1.02 REFERENCES:
A. All work and materials shall be in accordance with applicable requirements of authorities
having jurisdiction and utilities furnishing services. Codes governing this work include but are
not limited to the latest approved or adopted edition of the.following:
1. . National Electrical Code (NEC) NFPA 70. latest edition as adopted by the CITY of
Chula Vista Building Inspection Department.
2. California Administrative Code (CAC).
3. Uniform Building Code (UBC).
4. CiTY of Chuia Vista Ordinances and Regulations.
5. Occupational Safety and Health Act (OSHA).
6. National Fire Protection Agency Codes (NFPA).
7. SEMPRA Division 16
1.03 SUBMITTALS:
A. Shop drawings, data sheets, and samples shall be submitted.for review in confornnance with
Division 1. Submittals. shall be made and favorable review secured before material and
equipment is installed. .
B. Shop 'drawings and data sheets for fixtures, devices, equipment and systems shall be
submitted as required in the specifications for those items. Include information on each
component, wiring diagrams, layouts, dimensions, and sufficient other data to establish
compliance with the specifications and acceptability of the device, equipment, or system.
1.04 STANDARDS:
A. Electrical material and equipment shall have been tested and listed or labeled as conforming
to approved published standards by UndelWriters laboratories (Ul), or ather approved
testing agencies, where such listing or labeling service is available for the class of materials
or equipment used. Where applicable, listing or labeling service is not available far an
assembly, the components shall be listed or labeled and applied within their rating.
1.05 SUBSTITUTIONS:
A. Substitutions will be allowed only in strict conformance with Division 1. Specific brands,
names, catalog numbers or types of material, apparatus, or equipment are specified to fix
CHULA VISTA PUBLIC WORKS
13990-1
PROJECT NO. CVPW-001
7-122
CHULA VISTA PUBLIC WORKS
GARY ENGINEERING, INC.
SECTION 13990 - FUEL CONTROL SYSTEMS
PART 1 - GENERAL
1.01 SUMMARY:
A. These Specifications and Drawings cover the Electrical and related systems including but not
iimited to the following:
1. Power and control conduit and wiring system for pumps, dispensers and related work
as may be noted.
2. Leak detection and gauging conduit and cable wiring and connections.
3. Interface work and startup between existing Fuel Site Controller and new Leak
Detection and Gauging Unit.
4 Miscellaneous work such as cutting, coring, patching, and the provisions of hangers,
anchors, sleeves and supports.
5. Painting of all conduits and hangers per Section 09900.
6. Finalizing work such as cleaning, testing, adjusting and The furnishing of "As-Built'"
drawings, certifications and guarantee.
1.02 REFERENCES:
. A.' All work and materials shall be in accordance with applicable requirements of authorities
having jurisdiction and utilities furnishing services. Codes governing this work include but are
not limited to the latest approved or adopted edition of the following:
1. National Electrical Code (NEe)" NFPA 70. Latest edition as adopted by the CITY of
Chula Vista Building Inspection Department.
2. Califomia Administrative Code (CAG).
3. Unifonm Building Code (UBC).
4. CITY of Chula Vista Ordinances and Regulations.
5. Occupational Safety and Health Act (OSHA).
6. National Fire Protection Agency Codes (NFPA).
7. SEMPRA Division 16
1.03 SUBMITTALS:
A. Shop drawings, data sheets, and samples shall be submitted for review in confomnance with .
Division 1. Submittals shall be made and favorable review secured before material and
equipment is installed. .
B. Shop drawings and data sheets for fixtures, devices, equipment end systems shall be
submitted as required in the specifications for those items. Include information on each
component, wiring diagrams, layouts, dimensions, and sufficient other data to establish
compliance wit'1 the specifications and acceptability of the device, equipment, or system.
1.04 STANDARDS:
A. Electrical material and equipment shall have been tested and listed or labeled as conforming
to approved published standards by UnderNriters Laboratories (UL), or other approved
testing agencies, where such listing or labeling service is available for the class of materials
or equipment used. Where applicable, listing or labeling service is not available for an
assembly, the components shall be listed or labeled and applied within their rating.
1.05 SUBSTITUTIONS:
A. Substitutions will be allowed only in strict confomnance with Division 1. Specific brands,
names, catalog numbers or types or material, apparatus, or equipment are specified to fix
CHULA VISTA PUBLIC WORKS
13990-1
PROJECT NO. CVPW-001
7-123
CHULA VlST A PUBLIC WORKS
GARY ENGINEERING, INC.
the standard of pertormance, quality, finish. workmanship and design required. Any material,
apparatus, or equipment which the Contractor proposes to substitute as equal to those
specified shail be guarenteed to conform to these standards. It shall be the Contractor's
responsibility to submit fuil and complete data and samples for any substitution proposed so
necessary comparisons can be made. The CITY reserves the right to determine whether or
not a product is "equal" for the proposes of this work and to eject any or all substitutions
without giving cause.
1.06 LOCATIONS AND DIMENSIONS:
A. Instail ail material and equipment in such a manner as to avoid obstructions, maintain
clearances and spacings and keep openings and passages clear.
B. The drawings are diagrammatic to the extent that many offsets, bends, fittings. and exact
locations are not shown. Determine the best methods, exact locations and routes for this
instailation and resolve any conflicts. Tne locations shown for conduits, outlets materials, and
equipment may be refined to meet the actual construction conditions ;yith the approval of the
CITY. Where dimensions are shown they shall be adhered to as closely as practical. .. .
C. Where apparatus and equipment is shown to scale or dimensioned on the drawings,
dimensions have been taken from typical equipment of general class indicated. Carefully
verify that the material and equipment proposed will fit into the spaces provided and proper
clearances will be maintained. The Contractor shall assume full responsibility for the fitting
of his materials and equipment and to the structure. .
D. Mounting heights shown are from finished fioor, pavement .or grade to the middle of wall
mounted outiet boxes, and from finished fioor to the lowest point of suspended fixtures..
E. The exactiocations of borings, trenches. excavations, manholes, puilboxes, ground rods and
all new sub-surface work shall be adjusted to avoid damaging or disturbing any existing-to-
remain underground structure. pipe, or cable. The Contractor shall. make every.reasonable
effort to determine their existing correct locations.
F. Deviations from drawings required to make the work of this Section conform or fit shall be
made by the Contractor at. his expense.
1.07 TEMPORARY LIGHTING AND POWER:
A. Contractor shall provide labor and materials required for installation and maintenance of
temporary lighting and required power sources for Contractor's equipment during the period
of construction.
B. Site shall be sufficientiy illuminated so that construction work can be safely performed.
Special attention shail be given to adequately lighting stairs,. ladders, roadways, walkways,
excavations and ail work areas. Lights shall be controlled by switches located with
consideration for safety, security, and convenience.
1.0B JOB VISiTS:
A. Periodic visits to the project construction site by the CITY are for the purpose of observing
the progress cf construction and generally verifying that work is proceeding in accordance
with the intent of the Construction Documents.
B. Such visits shall not be construed to be construction supervision nor the assumption of
responsibility for construction means, methods, sequences, and safety by the CITY.
C. Observation reports will be forwarded to the Contractor for prompt correction of
unsatisfactory work and completion of incomplete work. Improper or incomplete work
indicated in an observation report does not relieve the Contractor of the responsibility for
complete and correct work conforming to the contract documents.
1.09 "AS-BUILT" DRAWINGS:
A. On a set of contract drawings, kept at the site during construction, mark all work that is
installed differently from that shown, including any revised circuitry, material or equipment,
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and sufficient dimensions to locate ail materials installed beneath or outside the building,
such as underground conduits, cabling, ground rods and stubouts.
B. The marked drawings shall be kept current as the work progresses and shall be available for
review upon requesl At t'le close of construction these drawings shall be tumed over to the
CITY for use in preparing "as-builr' drawings. .
C. The correct and completed "as-built" drawings are a prerequisite to final contract payment
in confomnance with Division 1.
1.10 GUARANTEE:
A All work shall be guaranteed in conformance with Division 1.
B. Should any trouble or fault develop during the guarantee time due to defective material, faulty
workmanship. or non-compliance with plans. specifications. codes or directions of the Owner,
Engineer, or Inspector, the contractor shall furnish all necessary labor and materials to
correct the trouble without additional charges to the City of Chula Vista.
C. The guarantee period shall be extended. by any period of time the guaranteed item is
defective or out of service due to trouble or iaull
PART 2 - PRODUCTS
2.01 lEAK DETECTION AND GAUGING SYSTEM
A Veeder-Root TlS-350 AST Monitotlng System with (2) MAG 1 probes, Series8485 Interstitial
Sensors, and Overfill Alarm and Acknowledgement Switch. System to be set up for two
aboveground storage tanks. . . . . .-.
2.02 EMERGENCY SHUT-OFF SWI'fCH'(ESOS):' '.
A Specification grade, side and b'ack wired switch 20 AMP 120-277 volt DPST, Hubbell 1222
or approved equal in weatherprooi device box with rain tight cover switch. Crouse-Hinds
DS181 or approved equal.
PART 3 - EXECUTION .
3.01 INSTALLATION AND CONNECTION OF ELECTRICAL EQUIPMENT:
C.
Electrically powered or controlled equipment iurnished by others shall be completely
connected to the electrical system except as noted on the plans. All fuses, breakers and
disconnects shall be provided as necessary for proper protection. .
Provide all ftexible conduit, boxes, fittings, receptacles, cords, plugs and other materials
required for proper installation. Reier to manuiacturer's directions where applicable.
All products furnished under this section shall be installed and connected under this section
except ior spare parts and material, which shall be delivered to the owner as directed.
Coordinate the work carefully to ensure that all eiectrical requirements of equipment are met
and all systems are made complete and operations.
A.
B.
D.
3.02 MISCELLANEOUS WORK:
A. Provide all miscellaneous metal and concrete work required; all core drilling required; all
cutting and patching required: all trenching and backfill required; and provide all hangers,
anchors, chase, supports, etc. required for the installation of the electrical systems.
B. Touch up or refinish damaged surfaces of paneis or equipment worked on to the satisfaction
of the CITY. Use paint provided ior that punpose by the equipment manufacturer.
3.03 EXCAVATIONS AND BACKFill:
A. Excavated materials not required or suitable for backfill shall be removed from the site.
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Provide sheeting and shoring as necessary for the protection of work and safety of personnel.
Remove water from excavation by pumping or other approved method.
B. Provide an underground waming tape below the top ofthe trench in the backfill. Backfill shall
be placed in layers not more than 6 inches thick and each layer shall be compacted.
Backfilling shall progress as rapidly as the constr~ction, testing and acceptance of the work
penmits. Backfill shall be free from roots, wood, scrap material, and other vegetable matter
and refuse. Compaction of backfill shall be to 95 percent of maximum density.
3.04 INSTALLATION OF CONDUIT AND DUCT SYSTEMS:
'A
"B:
C.
D.
E.
..-~...c'-.F:"
.---.---.---.-.
G.
H.
All conduit systems shall be mechanically continuous. Conduits containing power wiring shall
. 'be electrically continuous. Provide grounding conductorwhere required to maintain continuity
. and where specifically indicated.
The minimum sizes of conduit shall be coded size for the number and size of conductors
unless a larger size is shown in which case such larger size shall be used. No conduit
smaller than 314-inch electrical trade size shall be used for inaccessible locations or 112-inch
for switch legs, accessibie locations, or final connections to equipment All underground
conduit shall be.1-inch diameter minimum.
Conduits shall run concealed, except in certain approved and indicated locations. Where run
exposed. conduit shall be grouped in neat parallel lines following the Jines of the building
structure as closely as practicable.
Install a plastic pull rope in each run of empty conduit or duct. Where duct is capped, coil the
pull rope end inside the cap. Provide at least 3 feet at each end.
Conduit installed on equipment shall not obstruct any removable panel, access door or
device. Conduit and boxes shall be installed so as not to interfere with or touch any piping,
fixtures or equipment except where connected or bonded.
Conduit to be installed in concrete or masonry work shall be carefuily laid and rigidly
supported in the forms in such a manner as to provide proper clearance and so that all boxes
will be flush after forms have been removed.
Threads shall be tapered type, running threads will not be penmitted on conduit or nipples.
Not more than four 90-degree ells or bends or the equivalent shall be used on any single run
of conduit Where more bends wouid be necessary, provide suitable pullboxes or pulling
fittings.
The ends of all conduit shall be square, carefuily reamed out to full size, shouldered in the
fittings and bushed or capped wherever stubbed or terminated.
Conduit shall not run through footings or grade beams or other structural members except
where specifically directed by the Structurai Engineer.
Conduit shall not pierce roof except where specifically directe.d and in such a manner that will
.. be compietely and.penmanentlyweatherproof and water-tight. Where pitch pans or equivalent
are used, they shall be filled level with the top to avoid water accumuiation. Where conduit
pierces exteriorwalls, the installation shall be made weatherproof and water-tight All such
work shall conform to.specifications and details elsewhere in the Contract Documents.
Outlet boxes shall be securely and independentiy fastened to the structure and in concealed
work shall be supported flush with the finish surface of wail or ceilings.
Conduit run on the surface of the structure shall not be supported with pipe straps, only
unistrut type channel assemblies shall be used. Conduits suspended below the structure
shall be supported with split ring and rod unistrut trapeze assemblies.
Fasteners shall be machine screws. nuts and lock washers in metal; wood screwS in wood;
or expansion shields or inserts in masonry or concrete. Wooden or plastic inserts will not be
acceptable. Perforated strap shall not be used as a strap, support or hanger in any case.
Upon completion of any run of conduit, test the run and see that it is free of obstruction. Cap
each end with conduit pennies and bushings or duct tape and leave capped until ready to pull
wire.
Ducts run underground and not shown as concrete encased shall be laid on 3" deep bed of
sand, so that no stress is induced in the duct and covered with at least 3" of sand before
backfilling. Where shown as concrete encased, a minimum 3" thick continuous enveiope of
concrete shall be poured around the conduit starting at one end.
1.
J.
K'
L.
M.
N.
O.
P.
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GARY ENGINEERING, INC.
3.05 LEAK DETECTION WIRING:
A System wiring is accomplished by splicing all terminations color for color. All splices shall be
made using SCOTCHLOK UAL connectors part number 282-40120-01 supplied with the
system. Due to the small signal levels and low current of the system, wire nuts or other
unapproved connectors shall not be used in any splice of the Veeder Root TLS-350 system.
All cable terminations and splices shall be sealed with the supplied Scotchcast 3832
encapsulating kits (part number 511-40073-01), or other Veeder Root approved methods.
The use of unapproved connectors or splice sealing methods may seriously degrade the
system performance or cause premature system failure and will render the system warranty
null and void.
B. If the probe cable is placed in a conduit or raceway, other voltage or current carrying
conductors may not be placed in the same conduit or raceway unless a metal barrier is
provided. If this precaution is not followed, the system will no longer be intrinsically safe.
C. Since Veeder Root TLS-350 system is intrinsically safe, junction boxes are not required for
cable terminations or splices. However, if junction boxes are required by local electrical
codes, ail splices and terminations made inside the boxes shall be made with approved
connectors and sealed with a Veeder Root approved method.
D. The probes in the Veeder Root TLS-350 system are normally connected to the control unit
in a parallel (daisy-chain) manner. A single cable connects the control unit to the first probe
then from the first probe to the second and so on to the last probe in the system. .
E. The leak detection system shall be warranted for two years from date of acceptance by
Sempra.
3.06 GROUNDING:
A.
B.
C.
Provide mechanical and electrical continuity throughout all raceway systams. _._. _
An equipment ground conductor shall be run in the following electrical raceway systems:
Equipment ground wires shall be bonded to all equipmenL devices, boxes and enclosures
in the system indicated. Ground wires shall be sized per code. Conduits shall be oversized
to accommodate the additional ground wire where
Aboveground Storage Tanks shall be grounded as shown on'design.
D.
3.07 CLEANING AND PROTECTION:
A. At frequent intervals during the time he is on the site, the Contractor shall clean up after his
work and remove his debris from the premises.
B. Material and equipment shall be stored in a clean dry place and shall be covered or protected
from damage or contamination during storage and after installation. .
C. All material and equipment installed under this section shall be thoroughly cleaned. Oil and .
grease spots shall be removed with a non-ftammable cleaning solvent
D. Exposed, metai work to be painted shall be brushed down with steel brushes to remove rust
and other spots, and left smooth and clean and ready for painting.
3.08 CHECKING AND TESTING OF EQUIPMENT AND SYSTEMS:
A. Panels, disconnects, and other equipment installed under this section shall be inspected for
defects, and tested for proper operation.
B. Enclosures and cabinets shail be checked for cleanliness inside and out and for defective or
damaged finish.
c. Systems shall be tested for short circuits, open circuits and wrong connections shall be free
from mechanical and electrical defects. Circuits shall be tested for proper neutral, phase
rotation, and ground connections.
D. Where required or directed, systems shall be tested in the presence of the CITY to
demonstrate that equipment furnished, installed or connected functions in the manner
intended.
E. The Contractor shail furnish ail necessary instruments and equipment required for making
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required tests, and shall immediately correct any defective work with no additional charge.
F. For additional checking and testing of systems see the sections where those systems are
specified.
3.09 EARTHQUAKE REQUIREMENTS:
A All electricai materiai and equipment shall be installed with bracing, cabling or anchoring
necessary to comply with the requirements of the California Administrative Code, Title 24,
earthquake and seismic requirements.
PART 4 - MEASUREMENT AND PAYMENT
4.01 FUEL CONTROL SYSTEMS will not be measured separately for payment. Full compensation for
Fuel Control Systems, as shown on the drawings and as specified in the Special Provisions will be
considered in the contract iump sum price, and no separate payment will be made thereof.
-END OF SECTION-
CHULA VISTA PUBLIC WORKS
13990-6
PROJECT NO. CVPW-001
7-128
7-129
CHULA VISTA PUBWC WORKS
GARYENG1NE"'RlNG, INC.
SECTION 15190 EQUIPMENT, PIPING, DUCT AND VALVE IDENTIFICATION
PART 1-GENERAl
1.01 DESCRIPTlON:
A. This section includes materials and installation of markers, labels, and signs for pipes,
ducts, and valves, for mechanical equipmenL and for miscellaneous plant services.
1.02 RELATED WORK SPECIFIED ELSEWHERE:
A. Section 09900 Painting and Coating
B. Division 13 Special Construction
C. Division 15 Mechanical
D. Division 16 Electrical
1.03 REFERENCE SPECIFICATIONS. CODES AND STANDARDS:
A. American National Institute (ANSI)
A 13.1 Scheme for the Identification of Piping Systems.
Z53.1 Safety Color Code for Marking Physical Hazards.
1.04 SUBMITTALS:
A. Manufacturar's catalog data and descriptive literature describing materials, colors, letter
size, and size of labels.
PART 2 - MATERIALS:
2.01 LABELS FOR PIPING:
A. labels for piping shall bear the piping system name as shown in the Plans. Provide
separate fiow directional arrows next to each iabel. Color, size, and labeling shall conform
to ANSI A 13.1 and Z53.1. Labels for piping inside buildings shall be vinyl cloth: W. H.
Brady Co. 8-500 vinyl cloth, Seton Name Plate Corporation Pipe Markers, or equal. labels
for piping iocated outdoors shall be weather- and ultraviolet-resistant acrylic plastic and
shall be'W. H. Brady Co. B- 946, Seton Name Plate Corporation Pipe Markers, or equal.
B. Alternatively, provide preprinted, semirigid, snap- on, color-coded pipe markers: Color, size,
and labeling shall conform to ANSI A 13.1 and Z53.1. Label shall cover 360 degrees
(minimum). Labels shall be fabricated of weather- and ultraviolet- resistant acrylic piastic.
Labels shall be Seton Nameplate Corporation Set Mark pipe marks or equal.
C. . Fumish one-inch thick molded fiberglass insulation with jacket for each plastic pipe marker
to be installed on uninsulated pipes SUbjected to fluid temperatures of 125d F or greater.
Cut length to extend two inches beyond each end of plastic pipe marker.
2.02 LABELS FOR VALVES:
A Provide each valve of size larger than two inches with an identification tag. Tag shall be
two-inch square or circular aluminum or 1/16-inch thick fiberglass: W. H. Brady B-60,
Seton Name Plate Corp. Series SVT, or equal. Aluminum tags shall have black-filled
letters. Tag shall show the pipeline station where valve is to be installed, type,
manufecturer, date of manufacturer, and pressure rating.
2.03 HOSE BIBB SIGNS - UNSAFE WATER:
A Provide a rigid sign labeled "DANGER - UNSAFE WA TERn for each hose bibb. Size and
iettering shall conform to CAUOSHA requirements. Signs shall be Seton Nameplate
Company 20 gauge baked enamel, minimum size 7 inches by 3 inches; Brady B-120
Fiber-Shield fiberglass, minimum size seven inches by three inches, 1/B-inch thick; or
equal.
2.04 LABELS FOR MECHANICAL EQUIPMENT:
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PROJECT NO. CVPW-001
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A Provide a label ror each piece of mechanical equipment.' Label shall contain the equipment
name and tag number as shown in the Plans. Lettering shall conform to CAUOSHA
requirements. Labels' shall be 1-1/2 inches (minimum) by four inches (minimum) brass,
aluminum, or 1/8-incl1 !hick fiberglass tags: Brady B-120 Fiber-Shield, Seton Style 2065, or
equal.
2.05 LABELS FOR TANKS:
A Signs shall'be wea!l1er- and ultraviolet-resistant. Lettering shall conform to CAUOSHA
requirements. labels shall be Brady B-946, Seton Name. Plate Corporation PSPL, or
equal. Minimum size shall be seven inches by ten inches. Provide a sign on each tank
bearing !he tank tag number and !l1e name of the liquid stored.
2.06 WAll SIGNS:
A Wall signs shall be 1-1/2 inches by four inches (minimum dimensions), 1/16-inch !l1ick
satin-surfaced materiai confonming to MIL-P-78A or Mll-P-150240. Lettering shall be
1/2-inch high white letters on black background. Do not provide mounting holes.
2.07 LABELS FOR AUTOMATIC START/STOP EQUIPMENT:
A Provide a sign reading "CAUTION - EQUIPMENT STARTS AND STOPS
AUTOMATICALLY" on pieces of equipment as shown on the Plans. Signs shall be
pressure sensitive vinyl wi!l1 adhesive ror application to equipment. Size shall be ten inches
by seven inches minimum. Products: Seton, Brady, or equal.
PART 3 - EXECUTION
3.01 INSTALLING PIPE LABELS:
A Provide label and flow arrow at each connection to pumps or o!l1er mechanical equipment,
at wall boundaries, at tees and crosses.
B. For extemal diameters less.than six inches (including insulation, if any), provide full-band
pipe markers, extending 360 degrees around pipe at each location.
C. For extemal diameters of six inches and larger (including insulation, if any), provide either
full bend or strip-type pipe markers but not narrower than three times letter height (and of
required length), fastened by one of the following methods:
1. Laminated or bonded application of pipe marker to pipe or insulation.
2. Strapped-ta-pipe or insulation application of semirigid type with Type 304 or 305
stainless steel bands.
3.02 INSTALLING VALVE AND EQUIPMENT LABELS:
A Attach labels to L'1e valve body or piece of equipment with a pop rivet or equal.
B. Attach valve labels to the valve hand wheels. If the valve has no handwheel, attach the label
to the valve by tying the tag wire or chain around the operating shaft or nut.
3.03 INSTALLING SIGNS:
A Attach per sign manufacturers recommendations and CAUOSHA requirements. Attach
signs to walls using epoxy adhesive.
3.04 INSTAlUNG LABELS FOR AUTOMATIC START/STOP EQUIPMENT:
A Attach signs for exposed equipment directly to the equipment.
B. Attach signs for sump pumps on the adjacent wall.
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PROJECT NO. CVPW-l101
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GAAY ENGINEERING. INC.
PART 4 - MEASUREMENT AND PAYMENT
4.01 EOUIPMENT. PIPING. DUCT AND VALVE IDENTIFICA nON will not be measured separately for
payment Full compensation for Equipment Piping, Duct. and Valve Identification as shown on the
drawings and as specified in these Special Provisions will be considered in the Contract Lump Sum
Price, and no separate payment will be made thereror.
***END OF SECTION***
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PROJECT NO. CVPW~01
7-132
CHULA VISTA PUBLIC WORKS
GARY ENGINEERING, INC.
DIVISION 16 - ELECTRICAL
SECTION 16000 - GENERAL ELECTRICAL PROVISIONS
PART I - GENERAL
1.1 DESCRIPTION
A. SCOPE:
This division includes the providing all material, labor, equipment, tools, testing and
selVices necessary to provide a complete and oparable electrical system.
1.2 QUALITY ASSURANCE
A PERFORMANCE AND DESIGN REQUIREMENTS:
1 . MANUFACTURER'S QUALIFICATIONS: The Contractor shall cause the equipmenlto be
fumished under this division to be the product of firms regularty engaged in the design and
manufacture of the type of item specified, possessing the required technical competence,
skill, resources and ability to complete the work specified herein with the requisite degree
of quality in a timely and efficient manner. The Contractor shall be prepared to adequaiely
document the qualifications of the manufacturers nominated to provide the equipment
specified under this division. All documentation shall be submitied to the Engineer prior to
design fabrication and shipment of any component specified herein. Nothing contained
within these provisions shall be construed as relieving the Contractor of his responsibility
for any portion of the work covered by this division.
2. ARRANGEMENT: The electrical drawings ane generally diagrammatic and the location of
outlets and equipment ane approximate unless detailed or dimensioned. The exact
locations and routing of cables and conduits shall be govemed by structural conditions,
physical interferences and the location of electrical terminations on equipmenl The
Contractor shall examine the mechanical plans and shop drawings for the various
equipment in order to determine exact routing and final terminations for all raceways and
cables. Allowance has been made in the design for the number of raceways, cebles and
conductors considered adequate for supplying the various equipments. These circuits and
diagrams are based on avaiiable data pertaining to the particular desigh of equipment and
portray the systems which the Engineer has chosen to effect the required operation and
level of control. Equipment provided by the Contractor (even though of the make and model
specified) may differ in detail, arrangemen~ andlor connections from that shown. If the
Contractor uses equipment which differs from the equipment shown in major aspects and
requires modifications to power, control or other electrical seNice, the Engineer's
acceptance of the equipment will be based upon the Contractor providing.the modifications
required, and they shall ba of the same quality as shown and shall be provided at no
additional cost to the City.
.3. SEISMIC CONSIDERATION: All structures shall be designed in accordance with the
requinements for seismic Zone 4 of USC andlor SEAC. Each piece of equipment installed
shall be anchored to resist a minimum lateral seismic force of 40 percent of the operating
weight of the equipmenl This force shall be considered acting at the center of gravity of the
piece under consideration. Vibration isolated equipment shall be provided with snubbers
capable of retaining the equipment in its designated location without any material failure or
deformation of the snubbers when exposed to a vertical or horizontal force at the contact
surface equal to 100'percent of the operating weight of the equipmenl
Air gaps betNeen retainer and equipment base shall not exceed 1/4 inch. All raceways,
ductwork, accessories, appurtenances, etc., furnished with equipment shall be anchored to
resist a lateral seismic force of 40 percent of its operating weight without excessive
deflection. This force shall be considered acting at the centar of gravity of the piece under
consideration. Calculations and shop drawings shall be submitted for all anchorage details.
All calculations must be made and signed by a registered engineer. Inasmuch as all
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PROJECT NO. CVPW..o01
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anchorage of equipment is to be made of poured-in-place concrete elements, tt is
imperative that all types of anchorage by coordinated with the concrete contractor so that
enchorage may ba installed at the time of concrete placement If calculations and
anchorage details ara not submitted prior to placament of the concreta, the Contractor will
become responsible fer any strengthening of concrete elements because of superimposed
seismic loading. '
4. CONTRACT DRAWINGS SCHEMATIC DIAGRAMS: The Contract Drawings schematic
diagrams are provided for the Contractors' guidance in fumishing, installing and
successfully putting into safe operation the control system, conforming to the extend of the
precess requirements as set forth in the Loop Descriptions and the Contract Drawings. The
Contractor shall be solely responsible for developing complete schematic diagrams and
control systems in full conformance with all safety electrical codes, and for the furnishing of
all equipment, appurtenances and speciality ttems to provide complete and operable
systams. Review of the control schemes submitted by the Contractor shall not relieve the
Contractor of his contractual responsibility to provide complete and operable systems. The
CITY shall be the sole judge of acceptabilITy. All schemaUc and wiring diagrams shall
pertain solely to the equipment being furnished. SchemaUc and wiring diagrams shall show
all external equipment such as limit switches, solenoids, controllers, and similar devices
and shall aiso show the connections to these devices. Schematic diagrams shall uUlize
line numbers and contact 10caUon numbers. The Contractor shall be soiely responsible for
developing complete schemaUc diagrams,and controi systems for review by the Engineer.
Direct copying of Contract Drawing schematic diagrams shall be unacceptable and may be
the basis fer rejection of submission. Submissions which do not conform to all of the above
will be rejected. Lost time due to such rejections shall be the sole responsibility of the
Contractor.
B. OPERATING REQUIREMENTS: '.. ..',-,e':"'.
1. TEMPORARY POWER: The Contractorshall at his own expense make arrangements for
the purchase of power or portabie power and provide for the extension of uUlity lines to the
point of usage. The cost of-power shall'be included in the appropriate bid items to which it
is appurtenant and shall include full compensation for furnishing all labor, materials, tools
and equipment which may require power. At the compleUon of the projec~ the Contractor
shall restore the power system to its original condiUon.
2. UTILITY COMPANY REQUIREMENTS: The Owner shall make all application for electrical
and telephone services in coordinaUon witli' the Contractor. All requirements of the serving
utility company shall be observed including submilUng shop drawings as required and
obtaining the necessary' approval. All costs connected including cable charges and other
fees shall be paid by the Contractor.
3. PERMITS, The Contractor shall pay for permits, inspections and other costs incidenhal to
providing electricai installations.
4. CONTPACTOR'S RECORD DRAWINGS: The Contractor shall maintain an accurate and
neatly marked set of recond as-built drawings at the construction site showing the installed
location and rouUng oi ail eiectrical equipment, motors, conduits, cables, junction boxes,
pull boxes, outiets, and interconnection circuits, etc., and the current status of control
circuits as reftected on the controi diagrams. The Contractor shall provide to the CITY, two
copies of the as-built drawings at the completion of construction.
5. INSPECTION: The Contractor shall cooperate with the Owner and shall provide assistance
at all times for the inspection of the electrical work performed under this contract. He shall
remove covers, operate machinery, or perform any reasonable work wihich, in the opinion oi
the Owner, will be necassary to determine the quality and adequacy of the work.
C. STANDARDS:
All electrical work, including ""nnecUon to electrical equipment integral with mechanical
equipment described elsewhere in these specifications, shall be performed in accondance
with the latest published reguiations of the following codes and standands: Federal
standand
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PROJECT NO. CVPW-001
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GARY ENGINEEPJNG, INC.
Sate and local codes and ordinances and inspecting authorities
The National Board of Fire Underwriters
National Fire Protection Association
Underwriters Laboratories Inc. (UL)
National Electrical Manufacturers' Association (NEMA)
American National Standards Institute, Inc. (ANSi)
. Ihsmute of Electrical and Electronics Engineers (IEEE)
Insulated Power Cable Engineers Association (IPCEA)
.. . State Department of Industriai Safety (OSHA)
. National Electrical Code (NEC) for all items not specifically covered by state or local
ordinances ....'
JIC standards
.. Nothing in these contract documents or on the drawings shall be interpreted as permission
or direction to.violate any governing code or ordinance.
Materialsand'equipment used in the performanca of the electrical construction shall be
.,' . fully UL approved for the class of service for which they are intended prior to submittal of
':-""..,shop drawings.
1.3 ENVIRONMENTAL C0NDITlONS
-A' ,. ., . ELECTRICAL' EQUIPMENT ENCLOSURES:
_ ..,..,,' "-~"Remote electrical units located in electrical equipment enclosures will be subjected to
.. .. .... -environmental' conditions where temperatures may vary from 10 to 50 degrees C; relative
, - . humidity 10 to 90 percenl
1.4 SUBMITTALS
"A:. ," GENERAL:
~..: .. ::.co, Submittals for all electrical equipment and materials provided under this project manual
. . shall be prepared and submittad in accordance with Section 1300. The submittal package
.. .. .... for each individual equipment or groups of related equipment shall be complete and in
. . accordance with this Section. As a condition 'pracedent to the review of submittals required
.. under these specifications, the Contractor shall furnish the manufacturers statements
. accepting unit responsibility. The purpose of this provision is to ensure compatibility of all
components specified under the specific technical specifications, but also to provide sole
. . c source responsibility .for system performance and maintenance. Not withstanding these
provisions, however; l\1e Contractor is not relieved of his responsibility for the indicated
portions of the work.
The following. as a minimum, shall be submitted:
1. Manufacturer and manufacturers type and designation.
2. Manufacturers catalog data indicating rated capacity, efficiency. ratad output and
other characteristics.
3. Any exception to these specifications along with justification for each exception.
4. Shop drawings. .
5. Parts list with material of construction.
6. Installation requirements. showing various claarances required.
7. Details of all appurtenances to be furnished with the specified item.
. B. SUBMITTAL DATA:
All submittal data shalt be specific to the equipment being supplied on this project, generic
type data shalt not be acceptable and will be rejected.
1.5 INFORMATION TO BE PROVIDED
Before payment of the 75 percent progress payment, the Contractor shall provide the
following additional information for each item of the equipment
1. The Contractor shall provide wiring and interconnection wiring diagrams wihich shall show
terminal blocks of all distribution and control assemblies, all power, control and signal
CHULA VISTA PUBLIC WORKS
16000-3
PROJECT NO. CYlPW-001
7-135
CHULA VISTA PUBLIC WORKS
GARY ENGINEERING, INC.
raceways, junction and pull boxes, all devices, and all interconnecting wiring. Diagrams
shall shaw conductor tag numbers, control wire color code as applicable, and power wire
and cable sizes.
2. Operation and maintenance data.
3. Maintenance Manuals
4. Installation ceriificates.
1.6 SHIPMENT
The major equipment items as listed in this provision and furnished under this contract shall be
shipped in sealed, weather-tigh~ enclosed conveyances in a manner designed to protect the
equipment against damaging stresses during transport.
1.7
STORAGE OF EQUIPMENT AND MATERIALS
All materials and equipment shall be stared as required to protect them from damage. Equipment
and materials 10 be located outdoor; may be stored outdoors if protected against moisture
condensation. Equipment and materials to be located indoors shall be stored indoors and sealed
'with plastic film wrap. Equipment shall be stared at least 6 inches above ground. Temporary power
shall be provided to energize space heater; or other heat sources for control of moisture
condensation. Space heaters or other heat sources shall be energized without disturbing the
sealed enclosure. .
PART 2: PRODUCTS
2.1 MATERIALS
All material and equipment shall be new; free from defects, of current manufacture, and of the
quality specified or shawn, and shall be listed by the UnderNriler; Laboratories Inc. (Ul) for the
" pUfpose for which it is to be used where such "sting has been applied by Ul to similar products.
"" Each type of material shall be of the same manufacture and quality throughout the work.
2.2 CORROSION PROTECTION
Provide corrosion protection as required. Unless otherwise noted, all equipment and appurtenances
provided under tilis section shall be treated with zinc phosphate, banderized or otherwise given a
rust- preventive treatment, then primed and painted with a durable enamel finish. Minimum dry film
thickness shall be 3 mils. The Contractor shall ensure that all panels or enclosures specified to be
painted in this section shall match in calor to ANSI 61, gray far all exterior surfaces and flat white
on all interior surfaces. Nonconforming panels shall be repainted. Field painting of all equipment
shell conform to the procedure of outline in applicable sections of this" project manual that specify
painting and finishing. Galvanizing, where specified, shall caniorm to the applicable division oi the
specifications. Galvanized equipment end eppurtenences shall not be shop primed or painted but
will be field painted as specified.
. 2.3 NAMEPLATES
Where specified, nameplates shall be laminated, white, phenolic plastic. The nominal size oi the
nameplate shell be 3/4 inch high by 2 inches long by 1/16 inch thick, 3-ply, beveled and satin
finished conforming to NEMA ES-1. Nameplates shall have white backgrounds with 3/16 inch black
letter;. Nameplate engravings shall be submitted to the CITY prior to manufacture as part of the
submittal process.
PART 3 - EXECUTION
3.1 INSTALLATION
The Contractor shell cause each item 6f electrical equipment andlor equipment provided as a part
of this project to be installed, "aligned and tested by skilled workmen to the tolerances
recommended by the equipment manufacturer. All equipment work under Division 16 shall be
CHULA VISTA PUBLIC WORKS
16000-4
PROJECT NO, CVPW-001
7-136
CHULA VISTA PUBLIC WORKS
GARY ENGINEERlNG, INC.
performed In a=rdance Wl1h the National Electrical Code, any applicable local code and in
accordance with these specifications. Where a conflict exists, the more stringent requirements
shall prevail. All equipment shail be located and installed so that it will be readily accessible for
operation and maintenance. The Owner reserves the right to require minor changes in location of
equipment, prior to roughing in, without incurring any addi.lional cost or charges.
3.2 TESTING AND START-UP
A. GENERAL:
The Contractor shall furnish all labor, materials, instruments and tools to make all
connections for testing, and start-up. All electric power, fuel, water, supplies, and utilities
required for all tests shail be provided by the Contractor. All equipment shall be
demonstrated as operating properiy prior to the acceptance of the work. These tests shall
be made in the presence of the Owner and the results recorded by him. All deficiencies
andlor unsatisfactory conditions as determined by the Owner or inspecting authorities shail '
be conrected by the Contractor in a satisfactory manner at his own expense.
B. PROTECTIVE DEVICES:
All protective devices shall be properly set and operative during the testing period. Before
testing and energiZing a system, all necessary precautions shell be taken to ensure the
safety of personnel and equipment. All conductors and all 'electrical equipment shall be
properly insulated and enclosed. All enclosures for conductors and equip'ment shall be
properly grounded. Insulation resistance measurementsshall have been made and
approved on all conductors and energized parts of electrical equipment.'
C. INSPECTION OF JOINTS:
Joints and connections in conductors No.6 AWG and larger shall be inspected by the
CITY after the joints have been made and prior to application of any tape.
D. PRELIMINARY TESTING: .-
After the visual inspection of joints and connections and'the application of tape and other
insulating materials, ail sections of the complete system of wiring shall be thoroughly
tested for shorts and groUlids. The Contractor shall Conract all defects.
E. INSULATION RESISTANCE TESTS:
1 . WIRE AND CABLE: All wires and cables to be used as feeders, b'ranch' drcuit wiring,
control circuits and other wiring shail be tested with an insulation resistance tester rated
500 volts D.C., and capable of measuring 100 megohms (Biddle Company Megger),
Slngle-conductor wires and cable shail have a resistance to ground not less than 10
megohms, and conductors of multiple-conductor cables not less than I megohms to
ground.
2, TESTS: The insulation resistance of each circuit phase-to-pnase and phese-to- ground
shall be measured far the following: '
a. Motor feeders shall be measured with the motor disconnected.
b. Control circuits shall be measured with pushbuttons, controlling relays,
Instruments, over cuncent devices, and the like connected.
c. Ughting feeders to panel boards shall be measured with the branch circuit
breakers open.
d. The test shall be made with the branch breakers closed, and with receptacles and
fixtures mounted, but before lamping.
e. Power feeders sliall be measured with switches and circuit breakers in place.
F. MOTORS AND MOTOR CONTROLS:
1. MOTOR CONTROLS: The following tests shall be perfonmed:
a. Megger the main bus, and all power and control circuits.
b. Check all wire tenminais for clean connections.
c. Check all control switches, alanms devices, indicating instruments for
proper operation under nonmal and simuiated abnonmal conditions.
d. Check the thermal-overlaad heaters for each motar and the reset mechanism.
e. Check the motar nameplate full-load current as teh basis for checking the heater
CHULA VISTA PUBLIC WORKS
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PROJECT NO. CVPW.{)01
7-137
CHULA VISTA PUBLIC WORKS
GARY ENGINEERING, INC.
selection.
f. The thermal-oveMoad heaters shall be in accordance with the starter manufacturers
healer table fDr mDtor enclDsure and starter enclDsure.
2. PHASE ROTATION: The cDnnectiDns Df ail equipment shail be checked fDr correct phase
rotation. Phase cDnnectiDns for equipment shail be A, B, C, cDunting from frDnt to back,
tDp to bottDm, and left tD right as viewed from the' operating mechanism side.
3. CIRCUIT BREAKERS: The follDwing tests shall be perfDrmed:
a. Inspect each circun breaker.
b. Check fDr loose cDnnections.
c. . Operate each ciroun breaker manually.
d. Set the adjustable trips to the valves specified.
G. MOTOR INSULATiON TESTING:
Each pDlyphase mDtor shall have its insulatiDn resistance to ground measured with 1000
volt "Megger" prior to cennection. Values Df resistance of less l~an I 0 megohms shall be
cause for ~quipment rejection.
H. FUNCTlONAL CHECKOUT:
Protective.devices shall be adjusted and Dperative during the testing period. Prior to
start-up of each piece of equipment or system, the Contractor shail perfDrm a functional
chackDut-on. cqntrgl circuits.' The checkout shall censist of energizing each control circuit
and operating each control, alarm, Dr malfunction device, and each inteMDck in turn to verify
that the specified action. DCCUrs. This may be performed with the motor cDnnected Dr
disconns>cted. '.
TheCDntractDrshallpreparedetaileddescriptiveproceduresusedtotesteachdriveorsystem. The
.functiDnal c.h.eckout procedures shall be prDvided to the Owner fDr approval before the
checkout is performed. After the checkout has been perfDrmed, a signed and dated CDPY of
the test results shall be provided. to the Construction Manager.
1. THERMAL OVERLOAD PROTECTIVE DEVICES:
For'each motDr the. Contractor shall compile the fDIIDwing data in neatly tabulated form.
Data shall be obtained form the equipment as provided on the job.
1 . Equipment driven.
2. Nameplate amperes.
3. Service factor. .
4. Overload. d.evice c"talog number.
5. Overload device current range and setting.
PART 4 - MEASUREMENT AND PAYMENT
4.01 GENERAL ELECTRICAL PROVlSIONS will not be measured separately for payment. Full
compensatiDn..for General Electrical ProvisiDns, as shown on the drawings and as specified in
these Special Provisions will be cDnsidered included in the cDntract lump sum price, and no
separate payment will be made therefor. .
- END OF SECTION -
CHULA VISTA PUBLIC WORKS
16000-6
PROJECT NO. CVPW-C01
7-138
-...-..=-
7-139
GARY ENGINEERiNG, INC,
CHULA VISTA PUBLIC WORKS
DIVISION 16 - ELECTRICAL
SECTION 16050 - BASIC MATERIALS AND METHODS
1:1
PART 1 - GENERAL
1.2
1.3
DESCRIPTION
A. General: This Section contains general requirements for the Sections in Division 16.
B. Other Applicable Sections: Requirements of Division 1 apply to work of this Section.
C. Related Work Not Included In Division 16: Refer to individual Sections of Division 16.
REQUIREMEl'ITS OF REGULATORY AGENCIES
A. Codes: Entire installation shall comply with requirements of all authorities having
jurisdiction.
B. Permits: Contractor shall pay for all permits required by work under.this Division.
C. Inspections: Contractor shall arrange for all inspections and correct non-complying
installations. ---_.
SUBMITTALS '.
A. Procedures: Refer to Division 1. '.
B. Material and Equipment Prior to start of any work, six copies of a Iisiof all materials and
equipment covered by Division 16 shall be submitted for approval. . Gontractor shall aliow
ample time for checking and processing and shall assume all responsibility for delays
incurred due to rejected crems. No installation 01 material concemed..shall be made until
written approval has been obtained. Approval of ma.."erials.and equipment shall in no way
obviate compliance with Contract Documents. Each item proposed'shall be referenced to
section, page, and paragraph of Specifications. For each ilem.proposed, give name of
Manufacturer, trade name, catalog data and performance data. :
Service Manuals: Indexed Service Manuals shall be provided; which shall include test
reports, service instructions and renewal parts lists of all equipment
Submission and Information: Service Manuals shall be submitted for approval at least 30
days before final inspection. The following iniormation together wilh any pertinent data,
shall be included in Service Manual:
Renewal part numbers of all replaceable iiems.
Manufactures cuts and rating data.
Serial numbers of all principal pieces of equipment
Suppliers name, address and phone number.
Final setiings for all breakers, relays and control devices.
Copies: Four copies of the Service Manual shall be delivered on or before date required.
Shop Drawings: Where required by specific sections of Division 16, Equipment Shop
Drawings shall be submitted in accordance with procedures outiined in Division 1. When
marked Shop Drawings are returned, make corrections noted and resubmit one set for
record to 8ectrical Engineer prior to equipment construction. At completion oi project, one
set oi all Record Shop Drawings shall be included wllh each set of Service Manuals.
Record As-Built Construction Drawings: Refer to Division 1. Contractor shall make any
notations, neat and legible, daily as the work proceeds. Drawings shail be available ior
inspection at ail times and shall be kept at job site. All buried conduit and/or indicated
Mure connections outside of any building shall be located both by depth and by accurate
measurement irom a permanently established landmark such as a building or structure.
Seismic Calculations: See Paragraph 3.01 A
Spare Parts: Denver foilowing spare parts to Owner and obtain receipts. Submit at same
time as Operating Instructions.
Spare fuses; one set for each size combination fused breaker.
Spare fuses for iow voltage fused switch; two sets for each size used on project
C.
D.
1.
2.
3.
4.
5.
E.
F.
G.
H.
I.
1.
2.
16050-1
PROJECT NO. CVPW-D01
CHULA VISTA PUBLIC WORKS
7-140
CHULA VISTA PUBLIC WORKS
GARY ENGINEERING, INC.
3. Spare pilot light lamps of each type used on .the project in quantity of 10%, but not less
than two.
4. Overload heater elements; two sets for each size used on the project.
5. Spare fuses for medium voitage switches; two sets for each size fuse used on project.
J, Special Tools: If any part of equipment fumished under these Specifications requires
aspecialtoolforassembly, adjustment,resettingorrnaintenancethereofandsuchloOI is not
readily available on the commercial tool market, it shall be fumished with equipment as a
standard accessory and delivered to Owner.
K. Maintenance Paint One can of touch-up paint shall be delivered 10 Owner for each different
color factory finish which is to be the final finished surface of the product.
1.4 DRAWINGS
A. Diagrammatic Drawings: For purposes of clarity and legibility, Drawings are essentially
diagrammatic and although size and location of equipment is drawn to scale wherever
possible, Contractor shall make use of data in all of Ihe Contract Documents and verify
information at building site,
8. Routing of Conduit and Piping: Drawings indicate required size and termination of conduits
and raceways, suggest proper routes to conform to structura, to avoid obstructions and to
preserve clearance. .It is not the intent to indicate all necessary off- sets and it shall be the
responsibility under this Division to install conduit in such,a manner as to conform to
structure, avoid obstructions, preserve headroom, keep openings and passageways clear,
and make all equipment requiring inspection, maintenance and repair accessibie without
extra cost to Owner. ". .
C. Coordination Wtth Other Trades: Check with other Divisions of Specifications so that no
interference. shalloccur and in order that elevations may be established for the worle
Installed work which, interferes with the work of other trades shall be removed and rerouted
at the discretion .0fthe.Architect. .
1.5 DAMAGE AND REPAIRS- .
A. Emergency Repairs: Owner reserves the right to make temporary repairs as necessary to
keep equipment iIT operating' condition without voiding the Contractor's warranty or relieving
the Contractor of his responsibility during the warranty period.
S. Responsibility for Damage: Contractor shall be responsible for damage to the grounds,
buildings, or equipment due to work fumished or installed under this Division,
1,6 PROTECTION, CARE AND CLEANING
A. Protection: Provide adequate protection for all finished parts of the materials and equipment
against physical damage from any cause during the progress of work and until final
completion. Sensitive. electrical equipment shall not be installed until major construction is
completed.
8. Care: During construction, properiy cap all lines and equipment to prevent the entranca of
sand and dirt. Protect equipment,against moisture, plaster, cement, 'paint or work of other
trades by covering with polyethylene sheets,
C. Cleaning: After installation has been completed, clean all systems as follows:
1. Field'Painted Items: Clean extarior of conduits, raceways, piping and equipment exposed
in completed structure; removing rust, plaster, cement and dirt by wire brushing. Remove
grease oil and similar materials by wiping with clean rags and suitable solvents.
2. Factory-Finished Items: Remove grease and oil on factory-finished items such as cabinets
and controllers, and leave surfaces ciean and polished. Vacuum inside of all electricai
equipment to remove dust and debris.
D. Connections: Prior to energizing, checl< all electrical connection hardware and torque.
where necessary.
PART 2 - PRODUCTS
16050-2
PROJECT NO. CVPW-001
CHULA VISTA PUSUC WORKS
7-141
CHULA VlSTA PUBLIC WORKS
GARY ENGINEERING, INC.
2.1 PRODUCTS
A Products and materials shall be as specified in the pertinent Sections of Division 16.
2.2 MATERIALS AND EQUIPMENT
A Wherever possible, all materials and equipment used in the installation of this work
shall be of the same Manufacturer throughout for each class of material or equipment.
Materials shall be new and bear UL label, or the City of Los Angeles Test Laboratory label.
Comply with ANSI, IEEE end NEMA standands, where applicable.
PART 3 - EXECUTiON
3.1
SEISMIC REQUIREMENTS
A General: Electrical equipment for emergency systems shall be braced to withstand lateral
forces that result from earihquakes. The Electrical Contractor shall provide seismic
calculations stamped and signed by a registered California Structural Engineer confirming
size, number and location of all raquined anchoring hardware. Electrical eqUipment vendors
shall submit weights, dimensions and center of gravity location for all emergency electrical
equipment for this purpose.
."-"-
3.2
GENERAL LATERAL BRACING REQUIREMENTS
A Additional bracing requirements shall confomn to the specific' requirements indicated on the
'. drawings or in other Sections of Division 16. Anchorages for equipment subject to thermal.
expansion and movement shall be made in accordance with the Manufacturers
recommendation and the intent of the general bracing requirements. When the general and
specific bracing requirements enumerated above are in confiict with referenced standards,
the most stringent requirements shall govern.
._,-:-:'7'""':.....
".
_,0'. .. .
. ... - - .
-. . - ..-."
. ._.-.- -.-
-- .. -'-' - .
"-~...._-.'-.._-...__.
.... '~.'
-", .-..-"
3.3
EXCAVATION AND BACKFILL
A General: Perfomn all excavation and backfill required to install work of this Division, both
. inside and outside. Perfomn all excavation and backfilling in accordance with Division 2.
B: Excavation: Bury conduits outside the building to a depth of not less than 18" (or as
. required by Code) below finish grade unless noted otherwise.
C. Backiilling:'Do not backiill until after fin a! inspection and approval of conduit instellation by
all legally constituted authorities.
3.4 CUTTING AND PATCHING
A. . Cutting of Existing Structural Work Holes in existing slabs and concrete walls shall be
cored to the minimum size required. Contractor shall submit dimensioned drawings
. showing dimensioned sizes and locations for all holes to Architect for approval before
cutting. Where required for conduit installation, grade slabs shall be saw-cut to minimum
required width. Approval drawings shall be submitted to Architect before cutting.
B. Patching: All holes or chases shall be patched to match adjacent surfaces. .
3.5 CONCRETE WORK
A General: All concrete required for electrical work shall be proVided under the work
of this Division.
3.6 PAINTING
A General: All finish painting of electrical equipment will be as specified in Division 9,
unless equipment is hereinafter specified to be furnished with factory-applied finish coats.
Equipment to be field-painted shall be suppliad with factory-applied prime coal
B. Touch-Up: If factory finish on any equipment furnished under this Division is damaged in
shipment or during construction of the building, equipment shall be refinished by Contractor
to the satisfaction of the CITY
CHULA VISTA PUBLIC WORKS
16050-3
PROJECT NO. CVPW-001
7-142
CHULA VISTA PUBLIC WORKS
GARY ENGINEERING, INC.
C. Concealed Equipment All uncoated cast iron or steel that will be concealed or will not be
accessible when installations are completed shall be given one heavy coat of blacl< asphalt
before installation.
3.7 OPERATING INSTRUCTIONS
A. Contractor shall provide services of an experienCed technician to instruct Owner in
operation of entire installation. Instructional period shall be during the hours of a normal-
work day. This instruction period may be simultaneous with compliance tests.
3.8 COMPLIANCE TESTS
A. Conduct such tests of all portions of the installation as may be necessary to ensure full
compliance wtth Drawings and Specifications. Tests shall be made in presence of the
CITY. Costs of test shall be bome by Contractor and Contractor shall provide all
instruments, equipment, labor and materials to complete test. These tests may be required
on any item between installation of work and end of one year warranty period. Should these
tests detect any defective materials, poor wori<rnanship or variance with requirements of
Specifications, Contractor shall make any changes necessary and remedy any defects at
his expense.
B. All Feeders: Shall be measured and reconded as follows:
C. 600 volt conductors shall be tested with 600 volt megger to ground on each phase. Megger.
is to be on test for one minute before readings are taken. Minimum values on all feeders
shall be 100,000 OHMS. Copies of certified test readings shall be transmitted to Owner.
3.9 SYSTEM ACCEPTANCE " . .
A. Final Review: Contractor shall request a final review prior to systam acceptance:after.
B. Completion of installation of all systems required under the Contract Documents:-
C. Submission and acceptance of operating and maintenance data. . ...
D. Completion of. identification program.
E. Acceptance Is Contingent On:
1. Completion of final review and correction of all deficiencies.
2. Satisfactory completion of acceptance tests which demonstrate compliance with all
performance and technical requirements of Contract Documents.
3. Satisfactory completion of training program and submission of all manuals and i1rawings
required by Contract Documents.
3.10 PRELIMINARY OPERATION
A. CITY reserves the right to operate portions of electrical system on a preliminary basis
without voiding the warranty or relieving the Contractor of his responsibilities.
3.11 CLEAN-UP
A. - Upon completion and at other times during the progress of the work, when required, remove
all surplus materials, rubbish and debris resulting from the work. .
PART 4 _ MEASUREMENT AND PAYMENT
4.0 BASIC MATERIALS AND METHODS will not be measured separately for payment. Full
compensation for Basic Materials and Methods, as shown on the drawings and as specified in
lhese Special Provisions will be considered included in the contract lump sum price. and no
separate payment will be made therefor.
- END OF SECTION -
CHULA VISTA PUBLIC WORKS
16050-4
PROJECT NO. CVPW-001
7-143
~...;.....-
7-144
CHVLA VISTA PVSUC WORKS
GARY ENGINEERING, INC.
DIV1SION 16 - ELECTRICAL
SECTION 16110-RACEWAYS
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Raceways.
2. Fitti ngs.
B. Related Sections:
1. Division 9 - Finishes
2. Section 16000 General Electrical Requirements.
3. Section 16140 Wiring Devices.
4. Division 15 - Mechanical.
1.2 SUBMITTALS: Complywilh Sections 01300 and 16010.
A. Product Data: Product data for sUlface metal raceways, multi-outlet assemblies, and
accessories.
1.3 PROJECT RECORD DOCUMENTS
A. Maintain documents at site and submit in accordance with requirements of Section 01700.
PART-2 - PRODUCTS
2.1 MANUFACTURERS
A. Surface Raceways:
1. AT Power Systems."
2. Walker.
3. Wiremold.
2.2 MATERIALS
A. Raceways: VL approved, not smaller than 1/2 inch.
1. Rigid metal conduit ANSI C80.1, galvanized rigid steel conduit.
a. Conduit fittings: Cast ferrous alloy, galvanized.
b. Couplings and fittings: Threaded type. Threadless fittings may be used
only with specific acceptance of Engineer.
c. Conduits terminating at raintight enclosures: Terminate in raintight hubs.
2. Electrical metallic tubing: ANSI CSO.3, steel electrical metallic tubing. Provide UL
approved raintight fittings for box connectors and conduit couplings. Setscrew and
indenter type fittings not allowed. .
3. Flexible metallic conduit Galvanized, single strip type, UL 360. Use American
Brass Sealtite flexible, "quid-tight conduit in damp or wet locations.
4. Surface metal raceways for power and communication circuits: Wiremold 4000
with divider and cover, or accepted substitute in accordance with Section 16010.
a. Base: 0.05 inch galvanized steel.
b. Cover. 0.04 inch thick galvanized cover.
c. Fittings: Couplings, elbows, and connectors designed for use with
raceway system.
d. Boxes and extension rings: Designed fer use with raceway systems.
e. Finish: Gray.
5. Exterior underground duct and raceways, ccncrete encased: Light wall polyvinyl
chloride conduit, Carlan Type A. Rated for 90'C cable.
6. Rigid PVC conduit Heavy wall polyvinyl chloride conduit, .Carlon Type 40.
a. Conduit Conform to provisions of code and rated for 900C cable.
16110-1
PROJECT NO. CVPW-001
CHULA VISTA PUSLIC WORKS
7-145
CHULA VISTA PUBLIC WORKS
GARY ENGINEERING, INC.
7. Intermediate metal conduit [MC): UL listed and approved.
PART 3 - EXECUTION
3.1
PREPARATION
A Protection: Cap raceways stubbed up, including those in cabinets, immediately upon their
installation. Use of paper or rag wads not allowed.
iNSTALLATION
A Raceways:
1. General: Install wiring in metal or rigid PVC raceways. Install raceways concealed,
except in electrical closets, or where indicated on Drawings.
a. Provide rigid conduit in equipment rooms and ior exposed installation
where subject to'damage. Subject to damage includes exposed
installations where vehicle traffic or similar operations may cause damage
to raceway other than rigid metal.
Provide rigid steel, inteimediate metal or conduit for raceways embedded ,.-"
in concrete, in outside walls.
Provide rigid steel or intermediate metal conduit where exposed to
weather.
Provide rigid PVC conduit for raceways in earth or below fioor slabs on
grade and stub with rigid metal conduit for above ground, and in concrete.
Provide vibration isolation for raceway connections to motors, transformers
and other equipment subject to vibration, Isolate with length of fiexible
conduit not less than 12 inches for I inch conduit and smaller, and,
additional 6 inches per inch of nominal conduit size for conduits larger "',:
than 1 inch.
Continuity: Provide metallic raceways continuous from outlet to outlet and from
outiets to cabinets, 'junction and pull boxes. Enter and secure conduit to boxes to
provide electrical continuity from point of service outlets. Provide double locknut
and bUShing on terminals of metallic conduits.
Raceways in earth: Unless otherwise noted on Drawings, provide rigid PVC
conduit for raceways in earth and in contact with earth. Install rigid PVC raceways
with rigid steel sweeps, elbows, and penetrations through fioor systems.
Exposed raceways: Run e")Josed raceways in straight lines at right angles or
parallel with walls, beams, or columns.
Raceways in plain concrete: Do not place raceways in piain concrete, such as
concrete toppings on structural floors, without special acceptance. Install in non-
reinforced concrete headers provided for installation.
Raceways in reinforced concrete: Do not displace reinforCing steel to
accommodate installation of raceways and outlet boxes.
a. Do not install outlet boxes.in beams or joists-, use concrete headers,
beams and other reinforced members. Use Gateway Erectors, Inc., Type
C. Place inserts to avoid displacing reinforcing.
Locate embedded conduits in physical center of particular section of
concrete unless otherwise indicated.
Provide raceways embedded in reinfonced concrete conforming to following
usual types oi conditions, unless otherwise accepted by Architect.
Contractor may be directed, during course of Project, not to place
embedded conduits in certain areas due to possibility of unsightly
cracking, and for structural reasons. Such direction will not entitle
Contractor to extra compensation.
Special acceptance shall be required for conditions not covered by
following usual conditions:
3.2
2.
3.
4.
5.
6.
b.
c.
d.
e.
b.
c.
d.
e.
Location
Maximum Allowance
CHULA VISTA PUBLIC WORKS
16110-2
PROJECT NO. CVPW..o01
7-146
CHULA VlST A PUBLIC WORKS
GARY ENGINEERING, INC.
Sleeves through
Floors and Walls
Displacement of 4 percent of plan area of
column.
Displacement of 1/3 of thickness of
concrete, space not less than 3
diemeters over center.
. Displacement of 113 of least dimension.
spaced not less than 3 diameters over
center.
2 inch maximum pipe size, not less than
Three diameters over center.
Columns
Floors and Walls
Beams and Joists
7. Raceways entering building below grade: Provide raceways with galvanizJd cast
iron wall entrance seals, having watertight sealing gland assembly, O.Z. TYee FSK
orWSK
8. Raceways in furred spaces: Install raceways in a=rdance with code
requirements. Do not anchor or strap conduits to ceiling furring channels or attach
to fumed ceiling hanger wires.
a. Raceways may be attached to suspension system wire hangers of drop
ceilings if installed In manner that ceiling panels may be removed without
interference with raceway, and wire hangers are sized to carry additional
raceway load.
9. Raceways over roof where construction requires raceways to be routed In deck or
concealed between deck and multi-layer roof insulation, lay condUIT parallel to
axes of deck or panel. Use rigid steel or intermediate metal conduit for raceway.
10. Intermediate metal conduit Unless otherwise noted or specified, intermediate metal
conduit may be used for raceways 2 inche,f and larger.
B. Straps and Hangers: Substantially support raceways by straps, sullable clamps or
hangers to provide rigid installation.
1. Preformed strap hangers and twisted wire attachments not allowed. Do not support
or fasten raceways to duct or pipe supports in manner to prevent ready removal of
ducts or pipes.
C. Joints and Connections:
1. Metal conduits: Make threaded co'nnections watertight in threaded conduit. Cut
joints square, ream smooth, and properly thread.
a. Fit box connections with minimum two approved'locknuts and one steel,
plastic or fiber bushing forming accepted tight bond with box. Provide
locknuts both inside and outside of enclosure to which conduit is
attached.
b. Use raintight compression type fittings for electrical metallic tubing
systems and use at least one locknut inside each enclosure entry.
c. Provide grounding locknuts or bushing where required in Section 16450.
2. PVC conduits: Make-couplings and connectors watertight in 'conduit runs. Utilize
solvent cement joints of type approved by manufacturer. Provide adapters and
locknuts where conduit is attached to metal U-boxes, panels, etc.
3. Stub-ups: Extend condUIT stubs at least 12 inches above slab or fill before
connection is made to electrical metallic tubing.
4. Threads: Clean threads of rigid metal conduit. Coat male threads of steei conduit
installed in concrete with red or white lead immediately before coupling together.
5. Running threads: Use Erickson type couplings in lieu of running threads.
D. Expansion joints: Provide expansion fittings for embedded raceways exceeding 100 feet or
crossing building expansion joints. Provide O.z. Type TX with bonding jumper for electric
metallic tubing, Where differential settlement may occur, use O.z. Type OX defiection
fitting. Provide expansion fittings in rigid PVC raceways in accordance with manufactural's
recommendations.
E. Exterior Conduits: Install raceways below finished grade at code depth, minimum.
F. Concrete Encased Ducts:
CHULA VISTA PUBLIC WORKS
16110-3
PROJECT NO. CVPW..Q01
7-147
CHUU>. VISTA PUBLIC WORKS
GARY ENGINEERING, INC.
G.
1 . Provide only where specifically indicated on Drawings or otherwise required by
code. Provide materials specified in exterior underground ducts and concrete
encased raceways.
2. Grade trenches and ducts to provide minimum 3 inch slope for each 100 feet of
duct
3. Support multiple conduit runs or bank on preformed, nonmetallic separators.
a. Separator containing metal: Noncontinuous metal and not forming
magnetic loop.
b. . Spacing between separators: Close enough to prevent sagging' of conduits
and breaking of couplings and watertight seals.
c. Separators: Spaced maximum of 8 feet over center, and secured with
cords where necessary.
d. Do not place tie wires, reinforcing rods or other metallic materials around
conduits, either individually or in groups, in manner to form magnetic loop.
4. E'nclose ducts in minimum 3 inch concrete envelope.
5:' Concrele: 3250 psi in accordance with Section 03300.
6. Reinforce concrete envelope at points where ducts cross fill or loose soil, water,
gas, sewage mains, under roadways and sidewalks, and elsewhere indicated on
, ',.-- DraWings:
. a; Provide one 3/4 inch reinforcing rod between each two ducts of bottom
layer and one rod laid at each lower comer of duct envelope. Lay rods
parallel to ducts, centered between ducts and placed halfway between
bottom of ducts and bottom of concrete envelope.
. 6: Extend reinforcing minimum 5 feet beyond each side of fill or pipe main,
and where spliced, provide lap of 20 diameters.
'c. Consult with Engineer after trench is excavated to determIne locations
requiring reinforcing.
7. Hand rod concrete to provide cOmplete encasement of conduits.
8. After duct line has been completed, pull standard fiexible mandrel not less than 12
inches long, having diameler approximately 1/4 inch less than inside diameter of
condui~ through each conduit Pull bristled brush through each conduit to ensure
no particles of earth, sand, or gravel have been left in line.
a.' Pneumatic rodding may be used tei draw in lead wire.
.' b. Install No. ,9 galvanized iron pull wire. free of kinks and splices. in unused
ducts and extend minimum 3 feet into each manhole.
g. Completely seal 'conduits or ducts, active or spares, entering building or manhole
at first termination with oakum or suitable plastic expansible compound to prevent
rodents, gases, and vapors from entering building.
General Location Requirements:
1. '. Use care in locating raceways in close proximity to heating duct steam and hot
water lines. Where such crossings are unavoidable, ciear covering of line by at
least 6 Inches. .'
2. Raceway runs indicated are diagrammatic. Detarmine exact locations in field
except where specific dimensions are indicated on Drawings.
3.3 SCHEDULES
A Conduit Fittings: Provide conduit fittings as follows;, catalog numbers listed are Appleton
unless noted otherwise.
1. Conduit fittings:
Couplings (EMT) Series 95T
Connectors (EMT) Series 86T
Insulating bushings (1-1/4 inch
rigid conduit and larger)
Straight box connectors
(fiexible condu~)
CHUU>. VISTA PUBLIC WORKS
Series BBU
Series 748
16110-4
PROJECT NO. CVPW-001
7-148
CHULA VISTA PUBLIC WORKS
GARY ENGINEERING, INC.
Angle box connectors
(fieXlble conduit)
Sealing gland assembly
Expansion and defiection fittings
Cast metal conduit fittings
Series 738
02, Type AA or TX with bonding jumpers
and clamps
,OZ, Type OX
Crouse-Hinds, Condulets
PART 4 - MEASUREMENT AND PAYMENT
4.01 RAC8NAYS will not be measured separately for payment Full compensation for Raseways, as
shown on the drawings and as specified in the Special Provisions will be considered in the contract
lump sum price, and no separate payment will be made thereof.
-END OF SECTION-
CHULA VISTA PUBLIC WORKS
16110-5
PROJECT NO. CVPW-tl01
7-149
7-150
CHULA VISTA PUBUC WORKS
GARY ENGINEERING, INC.
DIVISION 16 - ELECTRICAL
SECTION 16120 - WIRE AND CABLE
PART 1 - GENERAL
1.1 DESCRIPTION
A. General: Provide wire and cable, complete, as shown and specified per Ccntract
Documents. .
B. Other Applicable Sections: Raquirements of Division I and Section 16050 apply to work of
this Section.
C. Related Work Not In This Section: Grounding conductors.
PART 2 - PRODUCTS
2.1 600-YOL T CONDUCTORS
A. Conductors shall be standard annealed copper wire with NEC 600-volt Insulation.
Conductors No.4 and larger shall be stranded with Type THWN insulation. Conductors No.
6 and smaller shall be color-coded with Type THHN or THWN insulation. Ccnductors No.
12 and smaller shall be solid. Size Nos. 6, 8 and I 0 shall be stranded.
B. Wiring: Wire sizes shall be as shown on drawings and herein specified. Minimum wire size
shall be No. 12 for lighting and power, and No. 14 for control, signal and communication
wiring unless otherwise shown on the drawings. Wire shall be delivered to job in original,
unbroken packages or reels bearing UL approval, and conductors shall be marked as
required by NEC. .
PART 3 - EXECUTION
3.1 INSTALLATION OF 600-YOL T CONDUCTORS
A. Taps and splices for sizes NO.8 AWG or smaller shall be made with insulated, wound-wire
connectors; Scotch-Iok or approved equal. Taps and splices for sizes No.6 AWG or larger
shall be made with compresslon-type connectors, Hy-press or approved equal, and
insulated with 3M materials.
B. Terminal Connections: Terminal lugs shall be used at stranded conductor terminal points
except where equipment is provided with approved compression means for.securing
conductors. Bent-eared wire washers will not be accepted in lieu of Stakon lugs. A terminal
lug shall not be used for more than one conductor unless it is specially designed for
multiple connection. Not more than two lugs shall be installed under one binding screw.
Where two wires are connected to one binding screw, they shall be separated by a brass
washer of correct size.
C. Connections in Electrical Equipment, such as switchboards, transformers, lead centers,
panel boards,' etc., whether facto'Y pre-assembled or field- connected, shall be checked for
tightness and re-tightened as necessa'Y. Clipping of wires from standard cable to fit
connectors and terminal lugs is not permitted. All terminals shall be compression type for
copper cables of sizes indicated.
D. Looping or Pigtailing: At outlets, junction boxes and fittings, conductors shall be looped or
pigtailed to extend at least 6" without splice beyond such wiring enclosures, and where
used, pigtails added to loops for connection to fixtures or devices shall be at least 6" long.
3.2 TESTING OF 600 VOLT CONDUCTORS
A Ail Circuits: 400 AiMP and larger shall be measured and recorded as fallows:
1. 600 volt conductors shall be tastad with 500 volt megger to ground an each phase.
Megger is to be on test for one minute before readings are takan. Minimum values on all
feeders shall be 100,000 OHMS. Copies of certified test readings shall be transmitted to
CHULA YISTA PUBLIC WOPJ<S
16120-1
PROJECT NO. CYPW-001
7-151
CHULA VISTA PUBLIC WOP.KS
GARY ENGINEERlNG, INC.
CITY.
3.3 PHASE IDENllFICATION
A All circuits and feeders shall have phase conductors identified with a band of colored
plastic tape. Single conductor wires or cables shall be ceded to agree with main panel
designation and connected ,to terminal points as indicated below:
1. 120/208 Volt System:
a. A Phase Black
b. B Phase Red
c. C Phase Blue
Neuttal- VVhite
2. 277/480 Volt System:
a. A Phase Brown
b. B Phase Orange
c. C Phase Yellow
d. ,Neuttal - Grey
3.6 IDENTIFICATION MARKING
. .. A Before any wiling installation is initially energized, the Contractor shall identify each branch
and feeder circuilldentification of circuits shall be by means of numbered tape markers.
PART 4 - MEASUREMENT AND PAYMENT
4.01
WIRE A1ND CABLE will not be measured separately for payment Full compensation ior Wire and
Cable, es shown on the drawings and as specified in these Special Provisions will be considered
included in the contract lump sum plice, and no separate payment will be made thereior.
~ END OF SECTION -
CHULA VISTA PUBUC WORKS
16120-2
PROJECT NO. CV?W-001
7-152
7-153
CHULA VlST A PUBUC WORKS
GARY ENGINEERING, INC.
DIVISION 16 - ELECTRICAL
SECTION 16140 - WIRING DEVICES
PART 1 - GENERAL
1.1 DESCRIPTION
A. General: Provide wiring devices, complete, as shown and specified per Contract
Documents. Principal items include:
1. Lighting switches.
2. Receptacle outlets.
3. Wall plates.
B. Other Applicable Sections: Requirements of Division I and Section 16050 apply to war'~ of
this Section.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Manufacturers: Represantative general purpose wiring devices and device plates,
as listed herein, are intended to indicate type, function and quality of the products. Provide
the products specified, or products of equal type, function and quality from any of the
following listed manufacturers. Provide specification grade devices where available for the
device listed:
1. Arrow-Hart
2. Bryant
3. Hubbell
4. Leviton
5. Sierra
6. Slater
B. Lighting Switches:
1. Lighting Swffches: Local light switches shall be AC-type, 20A,
specification-grade, flush-tumbler type with Bakelite or composition completely enclosing
base, handle color as selected.
Single-Pole Hubbell No. 1221
Two-Pole Hubbell No. 1222
Three-Pole Hubbell No. 1223
Four-Way Hubbell No. 1224
2. Lock type shall be of same finish and capacity as specified above and shall be Hubbell No.
1221 L Series with No. 1209 key.
C. Receptacles:
1 General-Use Duplex Receptacles: NEMA 5-20R, 20A. 125 volt (to be installed wherever
single duplex receptacles are supplied by a 20A, 120 volt circuit), ivory color.
2. Ground-Fault-indicating Receptacles: NEMA 5-20R. (to be installed where required by
Code), ivory color.
3. Special Receptacles: Provide as shown on drawings.
D. Enclosures: Provide receptacles.with weatherproof enclosures where indicated. Use cast
metal back boxes and stainless steel gasketed cover piates having gasketed,
spring-loaded, hinged covers over each receptacle.
1. Where indicated on the drawings provide Class 1, Div. I explosion proof enclosures in
compliance with NEC requirements for hazardous environments.
E. Plates: Provide device plates for all general-purpose wiring devices, for telephone outlets,
and for outlet boxes used as junction or pull boxes. Plates shall be of stainless steel.
Provide 3/16" high block letter, black enamel (or as otherwise specified or indicated) filled
machine engraving for switch plates under any of the following conditions.
CHULA VISTA PU8UC WORKS
16140-1
PROJECT NO. CVPW..o01
7-154
CHULA VISTA PUBLIC WORKS
GARY ENGINEERING, INC.
Usedesignationsindicatedorselectwordstobestdescribepurposeofeach device. Device plates
with engraved 3116" block-type letters filled with black enamel, or of other letter sizes
andlor colom, if otherwise specified.
1. Plates containing more than three swnch devices.
2. Plates for switches controlling loads not visibie from the switch location.
3. Selector swnches. '
4. Manual motor-starting switches.
5. Special outlets, where indicated.
PART 3 - EXECUTION
3.1 INSTALLATION
A Mount switch and receptacle devices in vertical position, unless Indicated otherwise, or
approved to comply wtth job conditions. Position receptacles so that ground contact in
grounding type receptacles is nearest floor. Install adjacent devices of same type and with
same mounting height in a common outlet box. Install adjacent devices of different types in
same manner when common mounting is indicatad. Prior to installation of switch outlets,
examine architectural plans and verify locations. Place switches in wall at latch side of
. door.'
S, . Coordinate electricai installation with other tnades to ensure that wiring device flush outlets
are positioned with box openings aligned with face of sunrounding finish material.
PART 4 - MEASUREMENT AND PAYMENT
4.01 WIRING DEVICES will not be measured separately for payment. Full compensation for Wiring
Devices, as shown on the drawings and as specified in these Special Provisions will be considered
included in the contract lump sum price, and no separate payment will be made therefor.
- END OF SECTION -
CHULA VISTA PUBLIC WORKS
16140-2
PROJECT NO. CVPW-001
7-155
7-156
CHULA VlSTA PUBLIC WORKS
GARY ENGINEERlNG, INC.
DIVISION 16 - ELECTRICAL
SECllON 16450 - GROUNDING SYSTEM
PART I - GENERAL
1.1 DESCRIPllON
A General: Provide grounding systems, complete, as indicated, specified and required per
Contract Documents. Principal items Include:
1. System grounding.
2. Equipment grounding.
3. Metallic pipe system grounding.
4. Grounding to structural steel.
5. Raceway grounding.
S. Other Applicable Sections: Requirements of Division 1 and Section 16050 apply to work
of this Section.
C. Codes: Grounding systems for electrical equipment and system neutrals shall conform
with all applicable Code requirements in addition to the requirements of this Section.
PART 2 - PRODUCTS
2.1 CONDUCTORS
A Insulated: Conductors shall be green, 600-volt TW insulation, annealed copper, as per
Seclion 16120. Conductors shall be sized per NEC; No. 12 AWG minimum size.
8. Bare: Conductors shall be medium-hand drawn stranded copper, Conductors shall be sized
per NEC; No. 12 AWG minimum size.
2.2 CONNECllNG MATERIALS AND METHODS
A Inaccessible Locations: Make connections by isothermic welding.
B. Accessible Locations: Make connections with boited- through approved solder less bronze
grounding device.
PART 3 - EXECUllON
3.1 SYSTEM GROUNDING
A System neutrals shall be connected to UFER grounding system. Neutrals for diesel
generator and transformers, shall be connected to grounding System or to ground bus in
feeder bus ducts connected to t~e generators or the transformers.
B. Resistance: Ensure maximum 5 ohm ground resistance at all transformers.
3.2 EQUIPMENT GROUNDING
A. Non-Current Carrying Metal Parts: Ground non-current carrying metal parts of electricai
apparatus and equipment provided under the worl< of any Division of the Specifications.
B. Raceways: Connect interrupted metailic raceways with insulated ground conductors.
Provide insulated ground conductor's in non-metallic raceways and connect to metaillc
terminations at each end.
C. Piping Systems: Bond all metaillc pipe systems to building steel to ensure ground
continuity. Provide jumpers at all isolating fittings.
3.3 TEST ANO CERllFICATES
A Test: Contractor shall perform grounding tests in accordance with IEEE 81-1983 to certiiy
resistance to ground of 5 ohms or less. Tests shall be performed in the presence of
Owners Representative. Notify CITY 72 hours in advance of scheduled tests. Test for
continuity and resistance.
CHULA VISTA PUBLIC WORKS
16450-1
PROJECT NO. CVPW..o01
7-157
CHULA VISTA PUBLIC WORKS
GARY ENGINEERING, INC.
B. Certificates: Continuity and resistance test reports shall be certified by witness. Submit
Certificates of Compliance to the CITY
PART 4. MEASUREMENT AND PAYMENT
4.01 GROUNDING SYSTEM will not be measuned separately for payment. Full compensation for
Grounding System, as shown on the drawings and as specified in these Special Provisions will be
considered included in the contract lump sum price, and no separate payment will be made
therefor.
- END OF SECTION -
CHULA VISTA PUBLIC WORKS
16450-2
PROJECT NO. CVPW-001
7-158
Attachment B
EECBG Special Terms and Conditions
13
7-159
083109
SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVA nON
BLOCK GRANT PROGRAM - FORMULA GRANTS
Tahle of Contents
I. RESOLUTION OF CONFLICTING CONDITIONS ..................................................................................1
2. AWARD AGREEMENT TERMS AND CONDITIONS ............................................................................1
3. AWARD PROJECT PERlOD AND BUDGET PERlODS .........................................................................1
4. STAGED DISBURSEMENT OF FUNDS ......................................... .........................................................1
5. PAYMENT PROCEDURES - ADVANCES THROUGH THE AUTOMATED STANDARD
APPLICATION FOR PAYMENTS (ASAP) SYSTEM ..............................................................................2
6. INCREMENTAL FUNDING AND MA:XlMUM OBLIGATION - COEXTENSIVE BUDGET PERlOD
AND PROJECT PERlOD ........... .............. ...:......................................................... ....................................2
7. COST SHARING FFRDC'S NOT INVOL VED ..........................................................................................2
8. REBUDGETING AND RECOVERY OF l1\'DIRECT COSTS ..................................................................3
9. CEILING ON AD]'v[lN]STRA TlVE COSTS...............................................................................................4
I O. LIMITATIONS ON USE OF FUNDS ................................................................................................ .........4
11. PRE-AWARD COSTS.................................................................................................................................4
12. USE OF PROGRAM INCOME - ADDITION............................................................................................4
13. STATEMENT OF FEDERAL STEW ARDSHIP ........................................................................................4
14. S rTE VISITS... ............... .......... .... ........ ......... ................. ............................. ...... ............. ........... ......... ........5
15. REPORTING REQUIREMENTS................................................................................................................5
16. PUELI CA Tl ONS.............. ......... ..... ......... .......... ............................. .......... ....... ..... ......................... ..............5
17. FEDERAL, STATE. AND MUNICIPAL REQUIREMENTS ..,.................................................................6
18. INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFOfuvlATlON ................................6
19. LOBBYING RESTRlCTIONS ....................................................................................................................6
20. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS _
- SENSE OF CONGRESS ................:..........................................................................................................6
21. INSOL VENCY, BANKRUPTCY OR RECEIVERSHIP ............................................................................6
22. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS........................................6
23. DECONT AMlNATION AND/OR DECOMMISSIONING (D&D) COSTS ..............................................7
24. SPEcrAL PROVISIONS RELATING TO WORK FlJ},'DED UNDER A.MERlCAN RECOVERY Ai'\[[)
REINVESTMENT ACT OF 2009 (MA Y 2009) ........................................................................................7
25. REPORTING MID REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE
RECOVERY ACT (MAY 2009) ...............................................................................................................II
26. REQUIRED USE OF AMERlCAN IRON, STEEL, Ai'\[[) MANUFACTURED GOODS __ SECTION
1605 OF THE AMERlCAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) .........11
27. REQUIRED USE OF AMERlCAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED
UNDER INTERi'IATIONAL AGREEMENTS)--SECTION ]605 OF THE AMERlCAi'f RECOVERY
AND REINVESTMENT ACT OF 2009 (MAY 2009)..............................................................................13
28. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT (MAY 2009)16
29. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL
A WARDS AND RECIPIENT RESPONSIBILITIES FOR INFOfuvUNG SUERECIPfENTS (MA Y
2009) .......................................................... ..................... .......................................................... ........... ...... 1 7
30. DAVIS BACON ACT REQUlREl'vIENTS (MAY 2009) .........................................................................] 7
31. HISTORlC PRESERVATION ..................................................................................................................25
ATTACHMENT I - INTELLECTUAL PROPERTY PROVISIONS ................................................................26
Not Specified/Other
7-160
083109
SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND
CONSERVATION BLOCK GRANT PROGRAM - FORMULA GRANTS
I. RESOLUTION OF CONFLICTING CONDITIONS
Any apparent inconsistency between Federal statutes and regulations and the terms and conditions
contained in this award must be referred to the DOE Award Administrator for guidance.
2. A WARD AGREEMENT TERMS AND CONDITIONS
This award/agreef!1ent consists of the Grant and Cooperative Agreement cover page, plus the following:
a. Special terms and conditions.
b. Attachments:
Attachment No.
Title
6
Intellectual Property Provisions
Project Activity Worksheet(s) are attached. If the Worksheet is for the
Strategy, the grant will be amended to include additional Worksheets as
activities are approved.
Federal Assistance Reporting Checklist
Budget Pages are attached. For Strategy, the SF-424A is attached, ifit was
included in the application. The grant will be amended to include additional
Budget Pages as activities are approved.
Davis-Bacon Act Wage Determination(s), if applicable. For Strategy
awards, ~he Wage Determination will be included when activities are
approved.
Special Requirements, if applicable
I
2
3
4
5
c. Applicable program regulations: Title V, Subtitle E of the Energy Independence Security Act (EISA)
of2007, Public Law 110-140.
d. DOE Assistance Regulations, 10 CFRPart 600 at http://ecfr.gpoaccess.govandiftheaward is for
research and to a university or non-profit, the Research Terms & Condjtions and the DOE Agency
Specific Requirements at http://www.nsf.gov/bfa/dias/policy/rtc/index.jsp.
e. Application/proposal as approved by DOE.
f. National Policy Assurances to Be Incorporated as A ward Terms in effect on date of award at
htto :llmana2ement.ener2v. 2ov/business doe/13 74. htm
3. AWARD PROJECT PERIOD AND BUDGET PERIODS
The Project and Budget Periods for this award are concurrent for a 36-month period as indicated in Item
No.7 of the Assistance Agreement Face Page.
4. STAGED DISBURSEMENT OF FUNDS
rXIIF MARKED. THIS TERM IS APPLICABLE
The total funding allocation for this award is shown in Block 13 of the Assistance Agreement Cover Page.
However, funds will be released according to a staged disbursement schedule. All funds must be expended
within 36 months of the effective date of the award.
Not Specified/Other
I
7-161
083109
[ ] For Energy Efficiency Conservation Strategy (EEeS) Only awards, funds in the amount of
$ [ ] is released to the Recipient to begin work on the EEeS. The approved activities are listed in
Attachment 2, Project Activity .Worksheets. The remaining funds will be released for disbursement upon
DOE approval of the EEeS and amendment of the award to include the authorized Project Activity
Vi orksheets.
[X] Funds in the amount of$I,100,000 is released to the Recipient to begin work on the activities listed in
Attachment 2, Project Activity Worksheets. The remaining funds will be released for disbursement upon
DOE approval o[additional activities and amendment of the award to include the authorized Project
Activity Worksheets.
[ ] Funds in the amount of$ [ ] is released to the Recipient to begin work on administrative duties
pending resolution of problematic issues such as eligibility, technical issues, NEPA, historic preservation,
budgetary items, or similar issues. The remaining funds will be released upon successful resolution of
these issues and amendment of the award.
5. PAYMENT PROCEDURES - ADVANCES THROUGH THE AUTOMATED STANDARD
APPLICATION FOR PAYMENTS (ASAP) SYSTEM
r I IF l~L4'RKED. THIS TERM DOES NOT APPL Y - SEE ATTACHMENT 6
a. Method of Payment. Payment will be made by advances through the Department of Treasury's ASAP
system.
b. Requesting Advances. Requests for advances must be made through the ASAP system. You may
submit requests as frequently as required to meet your needs to disburse funds for the Federal share of
project costs. If feasible, you should time each request so that you receive payment on the same day
that you disburse funds for direct project costs and the proportionate share of any allowable indirect
costs. If same-day transfers are not feasible, advance payments must be as close as is administratively
feasible to actual disbursements.
c. Adjusting payment requests for available cash. You must disburse any funds that are available from
repayments to and interest earned on a revolving fund, program income, rebates, refunds, contract
settlements, audit recoveries, credits, discounts, and interest earned on any of those funds before
requesting additional cash payments from DOEfNNSA.
d. Payments. All payments are made by electronic funds transfer to the bank account identified on the
AS.A.P Bank Information Form that you filed with the U.S. Department of Treasury.
6. INCREMENTAL FUNDING AND MA.XIMUM OBLIGATION - COEXTENSIVE BUDGET
PERIOD AND PROJECT PERIOD
APPLICABLE ONL Y TO INCREMENT ALL Y FUNDED A WARDS.
This award is funded on an incremental basis. The ma.ximum obligation of the DOEINNSA is limited to
the amount shown on the Agreement Face Page. You are not obligated to continue performance ofthe
project beyond the total amount obligated and your pro rata share of the project costs, if cost sharing is
required. Additional funding is contingent upon the availability of appropriated funds and substantial
progress towards meeting the objectives of the award. .
7. COST SHARING FFRDC'S NOT INVOLVED
APPLICABLE ONLY IF COST SHARING IS INCLUDED IN THEA WARD.
a. Total Estimated Project Cost is the sum of the Government share and Recipient share of the estimated
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project costs. The Recipient's cost share must come from non-Federal sources unless otherwise
allowed by law. By accepting federal funds under this award, you agree that you are liable for your
percentage share of total allowable project costs, on a budget period. basis, even if the project is
terminated early or is not funded to its completion. This cost is shared as follows:
Budget Budget Government Share Recipient Share Total Estimated Cost
Period Period Start $/0/0 $/%
No.
1 09/21/2009 $1,974,300/59% $1,395,000/41% $3,369,300
Total Proiect
b. If you discover that you may be unable to provide cost sharing of at least the amount identified in
paragraph a of this article, you should immediately provide written notification to the DOE A ward
Administrator indicating whether you will continue or phase out the project. If you plan to continue
the project, the notification must describe how replacement cost sharing will be secured.
c. You must maintain records of all project costs that you claim as cost sharing, including in-kind costs,
as well as records of costs to be paid by DOE/NNSA. Such records are subject to audit.
d. Failure to provide the cost sharing required by this Article may result in the subsequent recovery by
DOE/NNSA of some or all the funds provided under the award,
8, REBUDGETING AND RECOVERY OF INDIRECT COSTS
THE APPLICABLE TERM lS MARKED BELOW.
REBUDGETfNG AND RECOVERY OF INDIRECT COSTS - REIMBURSABLE INDIRECT
COSTS AND FRINGE BENEF(TS
a. If actual allowable indirect costs and fringe benefits are less than those budgeted and funded
under the award, you may use the difference to pay additional allowable direct costs during the
project period. If at the completion of the award the Government's share of total allowable costs
(Le., direct, indirect, fringe benefits), is less than the total costs reimbursed, you must refund the
difference.
b. Recipients are expected to manage their indirect costs and fringe, benefits. DOE will not amend
an award solely to provide additional funds for changes in indirect costs and fringe benefits.
DOE recognizes that the inability to obtain full reimbursement for indirect costs and fringe
benefits means the recipient must absorb the underrecovery. Such underrecovery may be
allocated as part of the organization's required cost sharing.
[X] REBUDGETfNG AND RECOVERY OF INDIRECT COSTS - REIMBURSABLE INDIRECT
COSTS
a. If actual allowable indirect costs are less than those budgeted and funded under the award, you
may use the difference to pay additional allowable direct costs during the project period. If at
the completion of the award the Government's share of total allowable costs (Le., direct and
indirect), is less than the total costs reimbursed, you must refund the difference.
b. Recipients are expected to manage their indirect costs. DOE will not amend an award solely to
provide additional funds for changes in indirect cost rates. DOE recognizes that the inability to
obtain full reimbursement for indirect costs means the recipient must absorb the underrecovery.
Such underrecovery may be allocated as part of the organization's required cost sharing.
c. The budget for this award includes indirect costs, but does not include fringe benefits.
Therefore, fringe benefit costs shall not be charged to nor shall reimbursement be requested for
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this project nor shall the fringe benefit costs for this project be allocated to any other federally
sponsored project. In addition, fringe benefit costs shall not be counted as cost share unless
approved by the Contracting Officer.
REBUDGETING MID RECOVERY OF INDIRECT COSTS - INDIRECT COSTS ","'D FRINGE
BENEFITS ARE NOT REIMBURSABLE
The budget for this award does not include indirect costs or fringe benefits. Therefore, these
expenses shall not be charged to nor reimbursement requested for this project nOf shall the fringe and
indirect costs from this project be allocated to any other federally sponsored project. In addition,
indirect costs or fringe benefits shall not be counted as cost share unless approved by the Contracting
Officer.
9. CEILING ON ADMINISTRATIVE COSTS
a. Recipients may not use more than 10 percent of amounts provided under this program, or $75,000,
whichever is greater (EISA Sec 545(b)(3)(A), for administrative expenses, excluding the costs of
meeting the reporting requirements under Title V, Subtitle E of EISA. These costs should be captured
and summarized for each activating under the Projected Costs Within Budget: Administration.
b. Recipients are expected to manage their administrative costs. DOE will not amend an award solely to
provide additional funds for changes in administrative costs. The Recipient shall not be reimbursed on
this project for any final administrative costs that are in excess of the designated 10 percent
administrative cost ceiling. In addition, the Recipient shall neither count costs in excess of the
administrative cost ceiling as cost share, nor allocate such costs to other federally sponsored projects,
unless approved by the Contracting Officer.
10. LIMITATIONS ON USE OF FUNDS
a. Recipients may not use more than 20 percen~ or $250,000, whichever is greater (EISA Sec
545(b)(3)(B), for the establishment of revolving loan funds.
b. .Recipients may not use more than 20 percent or $250,000, whichever is greater (EISA See
545(b )(3)(C). for subgrants to nongovernmental organizations for the purpose of assisting in the
implementation of the energy efficiency and conservation strategy of the eligible unit of local
government.
I I. PRE-AWARD COSTS
APPLICABLE ONL Y IF COMPLETED BELOW.
You are entitled to reimbursement for preaward costs in the amount of$[ ] for the period from
[MonthDayYear] to [MonthDayYear] in accordance with your request dated [MonthDayYear] if such
costs are allowable in accordance with the applicable Federal cost principles referenced in 10 CFR Part
600.
12. USE OF PROGR>\M INCOME - ADDITION
If you earn program income during the project period as a result ofrhis award, you may add the program
income to the funds committed to the award and use it to further eligible project objectives.
13. STATEMENT OF FEDERAL STEWARDSHIP
DOE/NNSA will exercise normal Federal stewardship in overseeing the project activities performed under
this award. Stewardship activities include, but are not limited to, conducting site visits; reviewing
performance and financial reports; providing technical assistance and/or temporary intervention in unusual
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circumstances to correct deficiencies which develop during the project; assuring compliance with terms and
conditions; and reviewing technical performance after project completion to ensure that the award
objectives have been accomplished.
14. SITE VISITS
DOE's authorized representatives have the right to make site visits at reasonable times to review project
accomplishments and management control systems and to provide technical assistance, if required. You
must provide, and must require your subawardees to provide, reasonable access to facilities, office space,
resources, and assistance for the safety and convenience of the government representatives in the
performance of their duties. All site visits and evaluations must be performed in a manner that does not
unduly interfere with or delay the work.
15. REPORTING REQUIREMENTS
a. Requirements. The reporting requirements for this award are identified on the Federal Assistance
Reporting Checklist, DOE F 4600.2, attached to this award. Failure to comply with these reporting
requirements is considered a material noncompliance with the terms of the award. Noncompliance
may result in withholding of future payments, suspension, or termination of the current award, and
withholding of future awards. A willful failure to perform, a history of failure to perform, or
unsatisfactory performance of this and/or other financial assistance awards, may also result in a
debarment action to preclude future awards by Federal agencies.
b. Dissemination of scientific/technical reports. Scientific/technical reports submitted under this award
will be disseminated on the Internet via the DOE Information Bridge (www.ostLgovlbridge), unless the
report contains patentable material, protected data, or SBIR/STIR data. Citations for journal articles
produced under the award will appear on the DOE Energy Citations Database
(www .osti .2:ov/enen:!:vcitations).
c. Restrictions. Reports submitted to the DOE Information Bridge must not contain any Protected
Personal Identifiable Information (PIl), limited rights data (proprietary data), classified information,
information subject to export control classification, or other information not subject to release.
16. PUBLICATIONS
a. You are encouraged to publish or otherwise make publicly available th~ results of the work conducted
under the award.
b. An acknowledgment of Federal support and a disclaimer must appear in the publication of any
material, whether copyrighted or not, based on or developed under this project, as follows:
Acknowledgment: "This material is based upon work supported by the Department of Energy under
Award Number DE-SC000229S."'
Disclaimer: "This report was prepared as an account of work sponsored by an agency of the United
States Government. Neither the United States Government nor any agency thereof, nor any of their
employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for
the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed,
or represents that its use would not infringe privately owned rights. Reference herein to any specific
commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not
necessarily constitute or imply its endorsement, recommendation, or favoring by the United States
Government or any agency thereof. The views and opinions of authors expressed herein do not
necessarily state or reflect those of the United States Government or any agency thereof."
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17. FEDERAL, STATE, AND MUNICIPAL REQUIRBIENTS
You must obtain any required pennits and comply with applicable federal, state, and municipal laws, codes,
and regulations for work performed under this award.
18. INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFOR,"IATlON
3. The intellectual property provisions applicable to this award are prO\:ided as an attachment to this
award or are referenced on the Agreement Face Page. A list of all intellectual property provisions may
be found at htto://ww\v.!2:c.doe.gov/financia! assistance awards.hrm.
b. Questions regarding intellectual property matters should be referred to the DOE Award Administrator
and the Patent Counsel designated as the service provider for the DOE office that issued the award.
The IP Service Providers List is found at
htto://www.gc.doe.2:ov/documents/Intellectual Prooertv (IP) Service Providers for Acauisition.Ddf
19. LOBBYING RESTRICTIONS
By accepting funds under this award, you agree that none of the funds obligated on the award shall be
expended, directly or indirectly, to influence congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to Members of Congress as described in 18
D.S.C. 1913. This restriction is in addition to those prescribed elsewhere in statute and regulation.
20. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS - SENSE OF CONGRESS
It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased
with funds made available under this award should be American-made.
21. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP
a. You shall immediately notify the DOE of the occurrence of any of the following events: (i) you or your
parent's filing of a voluntary case seeking liquidation or reorganization under the Bankruptcy Act; (ii)
your consent to the institution of an involuntary case under the Bankruptcy Act against you or your
parent; (iii) the filing of any similar proceeding for or. against you or your parent, or its consent to, the
dissolution, winding-up or readjustment of your debts, appointment ofa receiver, conservator, trustee,
or other officer with similar powers over you, under any other applicable state or federal law; or (iv)
your insolvency due to your inability to pay your debts genenilIy as they become due.
b. Such notification shall be in writing and shall: (i) specifically set out the details of the occurrence of
an event referenced in paragraph a; (ii) provide the facts surrounding that event; and (iii) provide the
impact such event will have on the project being funded by this award.
c. Upon the Occurrence of any of the four events described in the first paragraph, DOE reserves the right
to conduct a review of your award to determine your compliance with the required elements of the
award (including such items 'as cost share, progress towards technical project objectives, and
submission of required reports). If the DOE review determines that there are significant deficiencies or
concerns with your performance under the award, DOE reserves the right to impose additional
requirements, as needed, including (i) change your payment method; or (ii) institute payment controls.
d. Failure of the Recipient to comply with this provision may be considered a material noncompliance of
this financial assistance award by the Contracting Officer.
22. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS
You are restricted from taking any action using Federal funds, which would have an adverse effect on the
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environment or limit the choice of reasonable alternatives prior to DOE/NNSA providing either a NEPA
clearance or a final NEP A decision regarding this project. PROHIBITED ACTIONS INCLUDE ANY
ACTIVITIES RELATED TO THE MUNIPAL SOLAR INSTALLATION PROJECT EXCEPT
THE ASSESSMENT. Other prohibited activities include any project activities that are not included in
Attachment 2 of this award. This restriction does not preclude you from approved project activities
included in Attachment 2 of this award. HOWEVER, FURTHER ACTIVITIES RELATED TO THE
MUNICIPAL SOLAR INST ALLA TION PROJECT REQUIRE PRIOR APPROVAL BY THE DOE
NEPA COMPLIANCE OFFICER AND UNILATERAL MODIFICATION OF THE AWARD
AGREEMENT. EECBG FUNDING ($874,300.00) WILL BE WITHHELD FOR MUNICP AL
SOLAR INSTALLATION UNTIL THIS CONDITION HAS BEEN SATISFIED. If you move
forward with activities that are not authorized for federal funding by the DOE Contracting Officer in
advance of the final NEP A decision, you are doing so at risk of not receiving federal funding and such
costs may not be recognized as allowable cost share.
If this award includes construction activities, you must submit an environmental evaluation
report/evaluation notification form addressing NEPA issues prior to DOEINNSA initiating the NEPA
process.
23. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS
Notwithstanding any other provisions of this Agreement, the Government shall not be responsible for or
have any obligation to the recipient for (i) Decontamination and/or Decommissioning (D&D) of any of the
recipient's facilities, or (ii) any costs which may be incurred by the recipient in connection with the D&D of
any of its facilities due to the performance of the work under this Agreement, whether said work was
performed prior to or subsequent to the effective date of this Agreement.
24. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER Ao"IERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009)
Preamble
The American Recovery and Reinvestment Act of2009, Pub. L. 111-5, (Recovery Act) was enacted to
preserve and create jobs and promote economic recovery, assist those most impacted by the recession,
provide investments needed to increase economic efficiency by spurring technological advances in science
and health, invest in transportation, environmental protection, and other infrastructure that will provide
long-term economic benefits, stabilize State and local government budgets, in order to minimize and avoid
reductions in essential services and counterproductive State and local tax increases. Recipients shall use
grant funds in a manner that maximizes job creation and economic benefit.
The Recipient shall comply with all terms and conditions in the Recovery Act relating generally to
governance, accountability, transparency, data collection and resources as specified in Act itself and as
discussed below.
Recipients should begin planning activities for their first tier subrecipients, including obtaining a DUNS
number (or updating the existing DUNS record), and registering with the Central Contractor Registration
(CCR).
Be advised that Recovery Act funds can be used in conjunction with other funding as necessary to complete
projects, but tracking and reporting must be separate to meet the reporting requirements of the Recovery
Act and related guidance. For projects funded by sources other than the Recovery Act, Contractors must
keep separate records for Recovery Act funds and to ensure those records comply with the requirements of
the Act.
The Government has not fully developed the implementing instructions of the Recovery Act, particularly
concerning specific procedural requirements for the new reporting requirements. The Recipient will be
provided these details as they become available. The Recipient must comply with all requirements of the
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Act. If the recipient believes there is any inconsistency between ARRA requirements and current award
terms and conditions, the i?sues will be referred to the Contracting Officer for reconciliation.
Definitions
For purposes of this clause, Covered Funds means funds expended or obligated from appropriations under
the American Recovery and Reinvestment Act of:.z009, Pub. L. 111-5. Covered Funds will have special
accounting codes and will be identified as Recovery Act funds in the grant, cooperative agreement or TIA
and/or moditication using Recovery Act funds. Covered Funds must be reimbursed by September 30,
2015.
Non-Federal employer means any employer with respect to covered funds - the contractor, subcontractor,
grantee, or recipient, as the case may be, if the contractor, subcontractor, grantee, or recipient is an
employer; and any professional membership organization, certification of other professional body, any
agent or licensee of the Federal government, or any person acting directly or indirectly in the interest of an
employer receiving covered funds; or with respect to covered funds received by a State or local
government, the State or local government receiving the funds and any contractor or subcontractor
receiving the funds and any contractor or subcontractor of the State or local government; and does not
mean any department, agency, or other entity of the federal government.
Recipient means any entity that receives Recovery Act funds directly from the Federal government
(including Recovery Act funds received through grant, loan, or contract) other than an individual and
includes a State that receives Recovery Act Funds.
Soecial Provisions
A. Flow Down Reauirement
Recipients must include these special terms and conditions in any subaward.
B. Seere!:mtion of Costs
Recipients must segregate the obligations and expenditures related to funding under the Recovery Act.
Financial and accounting systems should be revised as necessary to segregate, track and maintain these
funds apart and separate from other revenue streams. No part of the funds from the Recovery Act shall
be commingled with any other funds or used for a purpose other than that of making payments for
costs allowable for Recovery Act projects. .
Prohibition on Use of Funds
None of the funds provided under this agreement derived from the American Recovery and
Reinvestment Act of 2009, Pub. L. 111-5, may be used by any State or local government, or any
private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or
swimming pool.
C. Access to Records
With respect to each financial assistance agreement awarded utilizing at least some of the funds
appropriated or otherwise made available by the American Recovery and Reinvestment Act of2009,
Pub. L. 111-5, any representative ofan appropriate inspector general appointed under section 3 or 8G
of the [nspector General Act of 1988 (5 V.S.C. App.) or of the Comptroller General is authorized-
(I) to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or
any State or local agency administering such contract that pertain to, and involve transactions
relation to, the subcontract, subcontract, grant, or subgrant; and
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(2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency regarding
such transactions.
D. Publication
An application ~ay contain technical data and other data, including trade secrets and/or privileged or
confidential information, which the applicant does not want disclosed to the public or used by the
Government for any purpose other than the application. To protect such data, the applicant should
specifically identifY each page including each line or paragraph thereof containing the data to be
protected and mark the cover sheet of the application with the following Notice as well as referring to
the Notice on each page to which the Notice applies:
Notice of Restriction on Disclosure and Use of Data
The data contained in pages ---- of this application have been submitted in confidence and contain
trade secrets or proprietary information, and such data shall be used or disclosed only for evaluation
purposes, provided that if this applicant receives an award as a result of or in connection with the
submission of this application, DOE shall have the right to use or disclose the data here to the extent
provided in the award. This restriction does not limit the Government's right to use or disclose data
obtained without restriction from any source, including the applicant.
Information about this agreement will be published on the Internet and linked to the website
www.recovery.gov.maintained by the Accountability and Transparency Board. The Board may
exclude posting contractual or other information on the website on a case-by-case basis when
necessary to protect national security or to protect information that is not subject to disclosure under
sections 552 and 552a of title 5, United States Code.
E. ProtectinQ State and Local Govem~ent and Contractor Whistleblowers
The requirements of Section 1553 of the Act are summarized below. They include, but are not limited
to:
Prohibition on Reprisals: An employee of any non-Federal employer receiving covered funds under
the American Recovery and Reinvestment Act of2009, Pub. L. 111-5, may not be discharged,
demoted, or otherwise discriminated against as a reprisal for disclosing, including a disclosure made in
the ordinary course of an employee's duties, to the Accountability and Transparency Board, an
inspector general, the Comptroller General, a member of Congress, a State or Federal regulatory or law
enforcement agency, a person with supervisory authority over the employee (or other person working
for the employer who has the authority to investigate, discover or terminate misconduct, a court or
grant jury, the head of a Federal agency, or their representatives information that the employee
believes is evidence of:
gross management of an agency contract or grant relating to covered funds;
a gross waste of covered funds
a substantial and specific danger to public health or safety related to the ~plementation or use of
covered funds;
an abuse of authority related to the implementation or use of covered funds; or
as violation of law, rule, or regulation related to an agency contract (including the competition for
or negotiation of a contract) or grant, awarded or issued relating to covered funds.
Agency Action: Not later than 30 days after receiving an inspector general report of an alleged
reprisal, the head of the agency shall determine whether there is sufficient basis to conclude that the
non-Federal employer has subjected the employee to a prohibited reprisal. The agency shall either
issue an order denying relief in whole or in part or shall take one or more of the fonowing actions:
Order the employer to take affirmative action to abate the reprisal.
Order the employer to reinstate the person to the position that the person held before the reprisal,
together with compensation including back pay, compensatory damages, employment benefits,
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and other terms and conditions of employment that would apply to the person in that position if
the reprisal had not been taken.
Order the employer to pay the employee an amount equal to the aggregate amount of all costs and
expenses (including attorneys' fees and expert witnesses' fees) that were reasonably incurred by
the employee for or in connection with, bringing the complaint regarding the n:prisal, as
determined by the head ofa court of competent jurisdiction.
Nonenfurceablity of Certain Provisions Waiving Rights and remedies or Requiring Arbitration:
Except as provided in a collective bargaining agreement, the rights and remedies provided to aggrieved
employees by this section may not be waived by any agreement, policy, form, or condition of
~mployment, including any predispute arbitration agreement. No predispute arbitration agreement
shall be valid or enforceable if it requires arbitration of a dispute arising out of this section.
Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds under the
American Recovery and Reinvestment Act of2009, Pub. L. 111-5, shall post notice of the rights and
remedies as required therein. (Refer to section 1553 of the American Recovery and Reinvestment Act
of2009, Pub. L. 111-5, www.Recovery.gov, for specific requirements of this section and prescribed
language for the notices.).
F. Request for Reimbursement
Reserved
G. False Claims Act
Recipient and sub-recipients shall promptly refer to the DOE or other appropriate Inspector General
any credible evidence that a principal, employee, agent, contractor, sub-grantee, subcontractor or other
person has submitted a false c1aim.under the False Claims Act or has committed a criminal or civil
violation of laws pertaining to fraud, conflict or interest, bribery, gratuity or similar misconduct
involving those funds.
H. Information in suooortinQ of Recovery Act Reoortin!!
Recipient may be required to submit backup documentation for expenditures of funds under the
Recovery Act including such items as timecards and invoices. Recipient shall provide copies of
backup documentation at the request of the Contracting Officer or designee.
I. Availability of Funds
Funds appropriated under the Recovery Act and obligated to this award are available for
reimbursement of costs until September 30, 20 IS.
J. Additional Fundine: Distribution and Assurance of Aooronriate Use of Funds
Aoolicable' if award is to a State Government or an A!!encv
Certification by Governor -- Not later than April 3,2009, for funds provided to any State or agency
thereof by the American Reinvestment and Recovery Act of2009, Pub. L. 111-5, the Governor of the
State shall certify that: 1) the state will request and use funds provided by the Act; and 2) the funds will
be used to create jobs and promote economic growth. .
Acceptance by State Legislature -- [ffunds provided to any State in any division of the Act are not
accepted for use by the Governor, then acceptance by the State legislature, by means ofthe adoption of
a concurrent resolution, shall be sufficient to provide funding to such State.
Distribution - After adoption of a State legislature's concurrent resolution, funding to the State will be
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for distribution to local governments, councils of government, public entities, and publicwprivate
entities within the State either by formula or at the State's discretion.
K. Certifications
\Vith respect to funds made available to State or local governments for infrastructure investments
under the American Recovery and Reinvestment Act of2009, Pub. L. 111-5, the Governor, mayor, or
other chief executive, as appropriate, certified by acceptance of this award that the infrastructure
investment has received the full review and vetting required by law and that the chief executive accepts
responsibility that the infrastructure investment is an appropriate use of taxpayer dollars. Recipient
shall provide an additional certification that includes a description of the investment, the estimated
total cost, and the amount of covered funds to be used for posting on the Internet. A State or local
agency may not receive infrastructure investment funding from funds made availab Ie by the Act unless
this certification is made and posted.
25. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE
RECOVERY ACT (MAY 2009)
a. This award requires the recipient to complete projects or activities which are funded under the
American Recovery and Reinvestment Act of2009 (Recovery Act) and to report on use of Recovery
Act funds provided through this award. Information from these reports will be made available to the
public.
b. The reports are due no later than ten calendar days after each calendar quarter in which the recipient
receives the assistance award funded in whole or in part by the Recovery Act.
c. Recipients and their first-tier recipients must maintain current registrations in the Central Contractor
Registration (http://www.ccr.gov) at all times during which they have active federal awards funded
with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number
(http://www.dnb.com) is one of the requirements for registration in the Central Contractor
Registration.
d. The recipient shall report the information described in section 1512(c) of the Recovery Act using the
reporting instructions and data elements that will be provided online at
http://www.FederaIReporting.gov and ensure that any information that is pre-filled is corrected or
updated as needed.
26. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS-
SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
(MAY 2009)
Tf/IS AWARD TERM IS APPLIC.4BLE TO ANY RECOVERY ACT FUNDS FOR CONSTRUCTION.
AL TERA TION. MAINTENANCE. OR REPAIR OF A PUBLIC BUILDING OR PUBLIC WORK AND
THE TOTAL PROJECT VALUE IS ESTIMATED LESS THAN $7.443.000. THIS AWARD TERM
ALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS.
a. Definitions. As used in this award term and condition--
(1) Manufactured good means a good brought to the construction site for incorporation into the
building or work that has been-
(i) Processed into a specific form and shape; or
(ii) Combined with other raw material to create a material that has different properties than the
properties of the individual raw materials.
(2) Public building and public work means a public building of, and a public work of, a governmental
entity (the United States; the District of Columbia; commonwealths, territories, and minor
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outlying islands of the United States; State and local governments: and multi-State, regional, or
interstate entities w,hich have governmental functions). These buildings and works may include,
without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers,
mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers,
wharves, ways, lighthouses, buoys. jetties, breakwaters, levees, and canals, and the construction,
alteration, maintenance, or repair of such buildings and works.
(3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and
may include other elements.
b. Domestic preference.
(1) This award term and condition implements, Section 1605 of the American Recovery and
Reinvestment Act of2009 (Recovery Act) (Pub. L. 111--5), by requiring that all iron, steel, and
manufactured goods used in the project are produced in the United States except as provided in
paragraph (b)(3) and (b)(4) of this section and condition.
(2) This requirement does not apply to the material listed by the Federal Government as follows:
None
(3) The award official may add other iron, steel, and/or manufactured goods to the list in paragraph
(b)(2) of this section and condition if the Federal Government determines that-- .
(i) The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable. The
cost of domestic iron, steel, or manufactured goods used in the project is unreasonable when
the cumulative cost of such material will increase the cost of the overall project by more than
25 percent;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United
States in sufficient and re~onably available quantities and of a satisfactory quality; or
(iii) The application of the restriction of section 1605 oftne Recovery Act would be inconsistent
with the public interest.
c. Request for determination of inapplicability of Section 1605 of the Recovery Act.
(IJ
(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance
with paragraph (b)(3) of this seclion shall include adequate information for Federal
Government valuation of the request, including-
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or
manufactured goods cited in accordance with paragraph (b)(3) of this section.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market
and a completed cost comparison table in the format in paragraph (d) of this section.
(iii) The cost of iron, steel, and/or manufactured goods material shall include all delivery
costs to the construction site and any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds have
been obligated for a project for construction, alteration, maintenance, or repair shall
explain why the recipient could not reasonably foresee the need for such detennination
and could not have requested the detennination before the funds were obligated. Tfthe
recipient does not submit a satisfactory explanation, the award official need not make a
determination.
Not Specified/Other
12
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(2) lfthe Federal Government determines after funds have been obligated for a project for
construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery
Act applies, the award official will amend the award to allow use of the foreign iron, steel, and/or
relevant manufactured goods. When the basis for the exception is nonavailability or public
i~terest, the amended award shall reflect adjustment of the award arno'unt, redistribution of
budgeted funds, and/or other actions taken to cover costs associated with acquiring or using the
foreign iron, steel, aodior relevant manufactured goods. When the basis for the exception is the
unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall
adjust the award amount or redistribute budgeted funds by at least the differential established in 2
CFR 176.110(.).
(3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act
applies, use of foreign iron, steel. and/or manufactured goods is noncompliant with section 1605
of the American Recovery and Reinvestment Act.
d. Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost,
the Recipient shall include the following information and any applicable supporting data based on the
survey of suppliers:
Foreign and Domestic Items Cost Comparison
Description Unit of Measure Quantity Cost
(dollars)* .
I{em 1:
Foreip-n steel, iron, or manufactured Q:ood
Domestic steel, iron, or manufactured oood
Item 2:
Foreip-n steel, iron, or manufactured Q"ood
Domestic steel, iron, or manufactured oood
List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of
response; if oral, attach summary.
. Include other applicable supporting information.
*lnclude all delivery costs to the construction site.
27. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS
(COVERED UNDER INTERNATIONAL AGREEMENTS)--SECTlON 1605 OF THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009)
THIS AWARD TER.M IS APPLICABLE TO ANY RECOVERY ACT FUNDS FOR CONSTRUCTION.
AL TERA TION. MAINTEN4NCE. OR REPAIR OF A PUBLIC BUILDING OR PUBLIC WORK
WITH A TOTAL PROJECT VALUE OVER 57.443.000 THAT INVOLVES IRON. STEEL. AND/OR
MANUFACTURED GOODS MATERIALS COVERED UNDER INTERNATION4L AGREEMENTS.
THIS A WARD TER.M ALSO APPLIES TO ALL SUB GRANTS AND CONTRACTS.
a. Definitions. As used in this award term and condition--
Not Specified/Other
13
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Designated country-
(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria,
Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France,
Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic
of), Latvia, Liechtenstein, Lithuania, Lu.xembourg, Malta, Netherlands, Norway, Poland, Portugal,
Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and United
Kingdom;
(2) A Free Trade Agreement (FT A) country (Australia, Bahrain, Canada, Chile, Costa Rica,
Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua,
Oman, Peru, or Singapore); or
(3) A United States-European Communities Exchange of Letters (May 15, 1995) country. Austria,
Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany,
Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland,
Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and United Kingdom.
Designated country iron, steel, and/or manufactured goods-
'(1) Is wholly the growth, product, or manufacture ofa designated country; or
(2) In the case of a manufactured good that consist in whole or in part of materials from another
country, has been substantiaHy transformed in a designated country into a new and different
manufactured good distinct from the materials from which it was transformed.
Domestic iron, steel, and/or manufactured good -
(I) Is wholly the growth, product; or manufacture of the United States; or
(2) In the case of a manufactured good that consists in whole or in part of materials from another
country, has been substantia(Jy transformed in the United States into a new and different
manufactured good distinct from the materials from which it was transformed. There is no
requirement with regard to the origin of components or subcomponents in manufactured goods or
products, as long as the manufacture of the goods occurs in the United States.
Foreign iron, steel, and/or manufactured good means iron, steel and/or manufactured good that is not
domestic or de~ignated country iron, steel, and/or manufactured good.
J\tranufactured good means a good brought to the construction site for incorporation into the building or
work that has been--
(1) Processed ip,to a specific form and shape; or
(2) Combined with other raw material to create a material that has different properties than the
properties of the individual raw materials.
Public building and public work means a public building of, and a public work of, a governmental
entity (the United States; the District of Columbia; commonwealths, territories, and minor
outlying islands of the United States; State and local governments; and multi-State, regional, or
interstate entities which have governmental functions). These buildings and works may include,
without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers,
mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers,
wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction,
alteration, maintenance, or repair of such buildings and works.
Not Specified/Other
14
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Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and
may include other elements.
b. Iron, steel, and manufactured goods.
(I) The award term and condition described in this section implements--
(i) Section 1605(a) of the American Recovery and Reinvestment Act of2009 (Pub. L. 111--5)
(Recovery Act), by requiring that all iron, steel, and manufacrured goods used in the project
are produced in the United States; and
(ii) Section 1605(d), which requires application of the Buy American requirement in a manner
consistent with U.S. obligations under international agreements. The restrictions of section
1605 of the Recovery Act do not apply to designated country iron, steel, and/or manufactured
goods. The Buy American requirement in section 1605 shall not be applied where the iron,
steel or manufactured goods used in the project are from a Party to an international agreement
that obligates the recipient to treat the goods and services of that Party the same as domestic
goods and services. This obligation shall only apply to projects with an estimated value of
$7,443,000 or more.
(2) The recipient shall use only domestic or designated country iron, steel, and manufactured goods in
performing the work funded in whole or part with this award, except as provided in paragraphs
(b)(3) and (b)(4) of this section.
(3) The requirement in paragraph (b)(2) of this section does not apply to the iron, steel, and
manufactured goods listed by the Federal Government as follows:
None
(4) The award official may add otJ;1er iron, steel, and manufactured goods to the list in paragraph
(b)(3) of this section if the Federal Government determines that-
(i) The cost of domestic iron, steel, and/or manufactured goods would be unreasonable. The cost
of domestic iron, steel, and/or manufactured goods used in the project is unreasonable when
the cumulative cost of such m~terial will increase the overall cost of the project by more than
25 percent;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United
States in sufficient and reasonably available commercial quantities ofa satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recov~ry Act would be inconsistent
with the public interest.
c. Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy American
Act.
(1) (i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance
with paragraph (b)(4) cfthis section shall include adequate information for Federal
Government evaluation of the request, including-.
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(c) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address ofthe proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or
manufactured goods cited in accordance with paragraph (b)(4) of this section.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a
completed cost comparison table in the format in paragraph (d) of this section.
(iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the
Not Specified/Other
15
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construction site and any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds have been
obligated for a project for construction, alteration, maintenance, or repair shall explain why
the recipient could not reasonably foresee ~he need for such determination and could not have
requested the determination before the funds were obligated. Tfthe recipient does not submit a
satisfactory explanation, the award official need not make a determination.
(2) 'If the Federal Government determines after funds have been obligated for a project for
construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery
Act applies, the award official will amend the award to allow use of the foreign iron, steel, and/or
relevant manufactured goods. When the basis for the exception is nonavailability or-public
interest, the amended award shall reflect adjustment of the award amount, redistribution of
budgeted funds, and/or other appropriate actions taken to cover costs associated with acquiring or
using the foreign iron, steel, and/or relevant manufactured goods... When the basis for the
exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award
official shall adjust the award amount or redistribute budgeted funds, as appropriate, by at least the
differential established in 2 CFR 176.II0(a).
(3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act
applies, use of foreign iron, steel, and/or manufactured goods other than designated country iron,
steel, and/or manufactured goods is noncompliant with the applicable Act.
d. Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost,
the applicant shall include the following information and any applicable supporting data based on the
survey of suppliers:
Foreign and Domestic Items Cost Comparison
Description Unit of Quantity Cost
Measu re (dollars)*
Item 1.
Foreign steel, iron, or manufactured e:ood
Domestic steel, iron, or manufactured .good
Item 2: ..
Foreirm steel, iron, or manufactured e:ood
Domestic steel, iron, or manufactured good
List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of
response; if Of ai, attach summary.
Include other applicable supporting information.
*lnclude all delivery costs to the construction site.
28. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT (MAY
2009)
THlS AWARD TERM lSAPPLlCABLE TO RECOVERY ACT PROGRAMS OR ACTlVlTlES THAT
MA Y lNVOL VE CONSTRUCTlON. AL TERA TlON. MAINTENANCE. OR REPAlR. THIS A Hc4RD
TERM ALSO APPLlES TO ALL SUBGRANTS AND CONTRACTS.
Not Specified/Other
16
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a. Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors
and subcontractors on projects funded directly by or assisted in whole or in part by and through the
Federal Government pursuant to the Recovery Act shall be paid wages at rates not less than those
prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 of title 40, United States Code.
Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.c. 3145, the Department of
Labor has issued regulations at 29 CFR parts I, 3, and 5 to implement the Davis-Bacon and related
Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis-Bacon
contract clauses set forth in that section. Federal agencies providing grants, cooperative agreements,
and loans under the Recovery Act shall ensure that the standard Davis-Bacon contract clauses found in
29 CFR 5.5(a) are incorporated in any resultant covered contracts that are in excess.of$2,OOO for
construction, alteration or repair (including painting and decorating).
b. For additional guidance on the wage rate requirements of section 1606, contact your awarding agency.
Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning
the application of Davis-Bacon requirements to a particular federally assisted project to the Federal
agency funding the project. The Secretary of Labor retains final coverage authority under
Reorganization Plan Number 14.
29. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF
FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING
SUBRECIPIENTS (MAY 2009)
a. To maximize the transparency and accountability of funds authorized under the American Recovery
and Reinvestment Act of2009 (Pub. L. 111--5) (Recovery Act) as required by Congress and in
accordance with 2 CFR 215.21 "Uniform Administrative Requirements for Grants and Agreements"
and OMB Circular A--I02 Common Rules provisions, recipients agree to maintain records that
identify adequately the source and application of Recovery Act funds. OMB Circular A--I02 is
available at http://www.whitehouse.gov/omb/circulars/aI02/a102.html
b. For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A:,,-133,
"Audits of States, Local Governments, and Non-Profit Organizations," recipients agree to separately
identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures
of Federal Awards (SEF A) and the Data Collection Form (SF --SAC) required by OMB Circular A--
133. OMB Circular A--133 is available at http://www.whitehouse.gov/omb/circulars/aI33/aI33.html.
This shall be accomplished by identifying expenditures for Federal awaids made under the Recovery
Act separately on the SEF A, and as separate rows under Item 9 of Part III on the SF --SAC by CFDA
number, and inclusion of the prefix "ARRA-" in identifYing the name of the Federal program on the
SEFA and as the first characters in Item 9d ofpart III on the SF--SAC.
c. Recipients agree to separately identify to each subrecipient, and document at the time of sub award and
at the time of disbursement of funds, the Federal award number, CFDA number, and amount of
Recovery Act funds. When a recipient awards Recovery Act funds for an existing program, the
information furnished to subrecipients shall distinguish the subawards of incremental Recovery Act
funds from regular subawards under the existing program.
d. Recipients agree to require their subrecipients to include on their SEF A information to specifically
identify Recovery Act funding similar to the requirements for the recipient SEF A described above.
This information is needed to allow the recipient to properly monitor subrecipient expenditure of
ARRA funds as well as oversight by the Federal awarding agencies, Offices of Inspector General and
the Government Accountability Office.
30. DAVIS BACON ACT REQUIREMENTS (MAY 2009)
THIS A W4RD TERM IS APPLIC4BLE TO ARRA AWARDS WHEN WAGE RA TE
Not Specified/Other
17
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REOUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT TERM IS APPLfCABLE.
THIS AWARD TERM IS ALSO APPLlC4BLE TO SUBGRANTS AND CONTRACTS.
Note: Where necessary to make the context of these articles applicable to this award, the term "Contractor"
shall mean "Recipient" and the term "Subcontractor" shaH mean "Subrecipient or Subcontractor" per the
following definitions.
Recipient means the organization, individual, or other entity that receives an award from DOE and is
financially accountable for the use of any DOE funds or property provided for the performance of the
project, and is legally responsible for carrying out the terms and conditions of the award.
Subrecipient means the legal entity to which a subaward is made and which is accountable to the recipient
for the use of the funds provided. The term may include foreign or international organizations (such as
agencies of the United Nations).
Davis-Bacon Act
(a) Definition.-"Site of the work"-
(1) Means--
(i) The primary site of the work. The physical place or places where the construction called for in
the award will remain when work on it is completed; and
(ii) The secondary site of the work, if any. Any other site where a significant portion of the
building or work is constructed, provided that such site is-
(A) Located in the United States; and
(8) Established specifically for the perfonnance of the award or project;
(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile
factories, batch plants, borrow' pits, job headquarters, tool yards, etc., provided-
(i) They are dedicated exclusively, or nearly so, to performance of the award or project; and
(ii) They are adjacent or virtually adjacent to the "primary site of the work" as defined in
paragraph (a)(1)(i), or the "secondary site of the work" as defined in paragraph (a)(l)(ii) of
this definition;
(3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool
yards of a Contractor or subcontractor whose locations and continuance in operation are
determined wholly without regard to a particular Federal award or project. In addition, fabrication
plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier
which are established by a supplier of materials for the project before opening of bids and not on
the Project site, are not includ~d in the "site of the work." Such permanent, previously established
facilities are not a part of the "site of the work" even if the operations for a period of time may be
dedicated exclusively or nearly so, to the performance of a award.
(b) (1) All laborers and mechanics employed or working upon the site of the work will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate
on any account (except such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona
fide fringe benefits (or cash equivalents thereof) due at time of payment'comput~d at rates not less
than those contained in th.e wage determination of the Secretary of Labor which is attached hereto
and made a part hereof, or as may be incorporated for a secondary site of the work, regardless of
any contractual relationship which may be alleged to exist betvleen the Contractor and such
laborers and mechanics. Any wage determination incorporated for a secondary site of the work
shall be effective from the first day on which work under the award was performed at that site and
shall be incorporated without any adjustment in award price or estimated cost. Laborers employed
by the construction Contractor or construction subcontractor that are transporting portions of the
building or work between the secondary site of the work and the primary site of the work shall be
Not Specified/Other
i8
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paid in accordance with the wage determination applicable to the primary site of the work.
(2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section
l(b)(2) of the Davis-Bacon Act on behalfoflaborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of paragraph (e) ofthis article; also, regular
contributions made or costs incurred for more than a weekly period (but not less often than
quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed
to be constructively made or incurred during such period.
(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe
benefits in the wage determination for the classification of work actually perfonned, without
regard to skill, except as provided in the article entitled Apprentices and Trainees. Laborers or
mechanics performing work in more than one classification may be compensated at the rate
specified for each classification for the time actually worked therein; provided, that the employer's
payroll records accurately set forth the time spent in each classification in which work is
performed.
(4) The wage determination (including any additional classifications and wage rates conformed under
paragraph (c) ofthis article) and the Davis-Bacon poster (WH-1321) shall be posted at all times by
the Contractor and its subcontractors at the site of the work in a prominent and accessible place
where it can be easily seen by the workers.
c. (1) The Contracting Officer shall require that any class oflaborers or mechanics which is not listed in
the wage determination and which is to be employed under the award shall be classified in
conformance with the wage determination. The Contracting Officer shall approve an additional
classification and wage rate and fringe benefits therefore only when all the following criteria have
been met:
(i) The work to be performe~ by the classification requested is not performed by a classification
in the wage determination.
(ii) The classification is utilized in the area by the construction industry.
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(2) [fthe Contractor and the laborers and mechanics to be employed in the classification (ifknown),
or their representatives and the Contracting Officer agree on the classification and wage rate
(including the amount designated for fringe benefits, where appropriate), a report of the action
taken shall be sent by the Contracting Officer to the Administrator .of the:
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
Washington, DC 20210
The Administrator or an authorized representative will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so advise the Contracting Officer or
will notify the Contracting Officer within the 30-day period that additional time is necessary.
(3) In the event the Contractor, the laborers or mechanics to be employed in the classification, or their
representatives, and the Contracting Officer do not agree on the proposed classification and wage
rate (including the amount designated for fringe benefits, where appropriate), the Contracting
Officer shall refer the questions, including the views of all interested parties and the
recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division
for determination. The Administrator, or an authorized representative, will issue a determination
within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting
Officer within the 30-day period that additional time is necessary.
Not Specified/Other
19
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(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to
subparagraphs (c)(2) and (c)(3) of this article shall be paid to all workers performing work in the
classification under this award from the first day on which work is perform~d in the classification.
(d)
\Vhenever the minimum wage rate prescribed in the award for a class oflaborers or mechanics includes a
fringe bendit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated
in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(e)
If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as
part of the wages of any bbor~r or mechanic the amount of any costs reasonably anticipated in providing
bona fide fringe benefits under a plan or program; provided, that the Secretary of Labor has found, upon the
written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The
Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program.
Rates of Wages
The minimum wages to be paid laborers and mechanics under this award involved in performance of work at
the project site, as detennined by the Secretary of Labor to be prevailing for the corresponding classes of
laborers and mechanics employed on projects of a character similar to the contract work in the pertinent
locality, are included as an attachment to this award. These wage rates are minimum rates and are not intended
to represent the actual wage rates that the Contractor may have to pay.
Payrolls and Basic Records
(a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the
work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of
the work. Such records shall contain t~e name, address, and social security number of each such worker, his
or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated
for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the
. Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid.
Whenever the Secretary of Labor has found, under paragraph (d) of the article entitled Davis-Bacon Act,
that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the
Contractor shall maintain records which show that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the plan or program has been communicated in
writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual
cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved
programs shall maintain written evidence of the registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed
in the applicable programs.
(b) (I) The Contractor shall submit weekly for each week in which any award work is performed a copy of all
payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all
of the information required to be maintained under paragraph (a) of this article. This information may
be submitted in any form desired. Optional Form WH-347 (Federal Stock Number 029-005-00014-1)
is available for this purpose and may be purchased from the --
Superintendent of Documents U.S. Government Printing Office Washington, DC 20402
The Prime Contractor is responsible for the submission of copies of payrolls by all subcontractors.
(2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the award and shall certify --
(i) That the payroll for the payroll period contains the information required to be maintained under.
Not Specified/Other
20
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paragraph (a) of this article and that such information is correct and complete;
(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the
award during the payroll period has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either directly or indirectly from the
full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR Part
3; and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of work performed, as specified in the applicable
wage determination incorporated into the award.
(3) The weekly submission of a properly executed certification set forth on the reverse side of Optional
Form \VH.347 shall satisfy the requirement for submission of the "Statement of Compliance" required
by subparagraph (b)(2) of this article.
(4) The falsification of any of the certifications in this article may subject the Contractor or subcontractor
to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the
United States Code.
(c) The Contractor or subcontractor shall make the records required under paragraph (a) of this article available
for inspection, copying, or transcription by the Contracting Officer or authorized representatives of the
Contracting Officer or the Department of Labor. The Contractor or subcontractor shall permit the
Contracting Officer or representatives of the Contracting Officer or the Department of Labor to interview
employees during working hours on the job. If the Contractor or subcontractor fails to submit required
records or to make them available, the Contracting Officer may, after written notice to the Contractor, take
such action as may be necessary to cause the suspension of any further payment. Furthermore, failure to
submit the required records upon request or to make such records available may be grounds for debarment
action pursuant to 29 CFR 5.12.
Withholding of Funds
,The Contracting Officer shall, upon his or her own action or upon written request of an authorized
. representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this
award or any other Federal award with the same Prime Contractor, or any.other federally assisted award
subject to Davis.Sacon prevailing wage requirements, which is held by the same Prime Contractor, so
much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full
amount of wages required by the award. In the event of failure to pay any laborer or mechanic, including
any apprentice, trainee, or helper, employed or working on the site ofthe work, all or part of the wages
required by the award, the Contracting Officer may, after written notice to the Contractor, take such action
as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until
such violations have ceased.
Apprentices and Trainees
(a) Apprentices.
(1) An apprentice will be permitted to work at less than the predetermined rate for the work they
performed when they are employed-
(i) Pursuant to and individually registered in a bona fide apprenticeship program registered with
the U.S. Department of Labor, Employment and Training Administration, Office of
Apprenticeship and Training, Employer, and Labor Services (OA TELS) or with a State
Apprenticeship Agency recognized by the OATELS; or
(ii) In the first 90 days of probationary employment as an apprentice in such an apprenticeship
program, even though not individually registered in the program, if certified by the OA TELS
or a State Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice.
Not Specified/Other
21
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083109
(2) The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not
be greater than the ratio permitted to the Contractor as to the entire work force under the registered
program.
(3) Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise
employed as stated in paragraph (a)(1) of this article, shall be paid not less than the applicable
wage determination [or the classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted under the registered program shall
be paid not less than the applicable wage rate on the wage detennination for the work actually
performed.
(4) \Vhere a contractor is performing construction on a project in a locality other than that in which its
program is registered, the ratios and wage rates (expressed in percentages ofthejoumeyman's
hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for the
apprentice's level of progress, expressed as a percentage of the journeyman hourly rate specified
in the applicable wage determination. .
(5) Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid
the full amount of fringe benefits listed on the wage determination for the applicable classification.
If the Administrator determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination.
(6) In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws
approval of an apprenticeship program, the Contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(b) Trainees.
(I) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by
the U.S. Department of Labor, Employment and Training Adminis~ation, Office of
Apprenticeship Training; Employer, and Labor Services (OATELS).,The ratio of trainees to
journeymen on the job site shall not be greater than permitted under the plan approved by
OA TELS.
(2) Every trainee must be paid at not less than the rate specified in the approved program for the
trainee's level of progress, expressed' as a percentage of the journeyman hourly rate specified in
the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees
shall be paid the full amount of fringe benefits listed in the wage determination unless the
Administrator of the \Vage and Hour Divisiqn determines that there is an apprenticeship program
associated with the corresponding journeyman wage rate in the wage determination which
provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a
trainee rate who is not registered and participating in a training plan approved by the OA TELS
shall be paid not less than the applicable wage rate in the wage determination for the classification
of work actually performed. In addition. any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be paid not less than the applicable wage
rate in the wage determination for the work actually performed.
(3) In the event OA TELS withdraws approval of a training program, the Contractor will no longer be
pennitted to utilize trainees at less than the applicable predetermined rate for the work performed
Not Specified/Other
22
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083109
until an acceptable program is approved.
(d) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this
article shall be in confonnity with the equal employment opportunity requirements of Executive
Order 11246, as amended, and 29 CFRPart 30.
Compliance with Copeland Act Requirements
The Contractor shall comply with the requirements of 29 CFR Part 3, which are hereby incorporated by
reference in this award.
Subcontracts (Labor Standards)
(a) Definition. "Construction, alteration or repair," as used in this article means all types of work done by
laborers and mechanics employed by the construction Contractor or construction subcontractor on a
particular building or work at the site thereof, including without limitation-
(1) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off-
site;
(2) Painting and decorating;
(3) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the
building or work;
(4) Transportation of materials and supplies between the site of the work within the meaning of
paragraphs (a)(I)(i) and (ii) of the "site of the work" as defined in the article entitled Davis Bacon
Act of this award, and a facility which is dedicated to the construction of the building or work and
is deemed part of the site ofth'e work within the meaning of paragraph (2) of the "site of work"
definition; and
(5) Transportation of portions of the building or work between a secondary site where a significant
portion of the building or work is constructed, which is part of the "site of the work" definition in
paragraph (a)(l)(ii) of the Davis-Bacon Act article, and the physical place or places where the
building or work will remain (paragraph (a)(I)(i) of the Davis Bacon Act article, in the "site of the
work" definition).
(b) The Contractor or subcontractor shall insert in any subcontracts for construction, alterations and repairs
within the United States the articles entitled-
(I) Davis-Bacon Act;
(2) Contract Work Hours and Safety Standards Act -- Overtime Compensation (if the article is
included in this award);
(3) Apprentices and Trainees;
(4) Payrolls and Basic Records;
(5) Compliance with Copeland Act Requirements;
(6) Withholding of Funds;
(7) Subcontracts (Labor Standards);
(8) Contract Termination - Debarment;
Not Specified/Other
23
7-183
083109
(9) Disputes Concerning Labor Standards;
(10) Compliance with Davis-Bacon and Related Act Regulations; and
(11) Certification of Eligibility.
(c) The Prime Contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor performing construction within the United States with all the award articles cited in
paragraph (b).
Cd) (I)Within 14 days after issuance of the award, the Contractor shall deliver to the Contracting Officer a
completed Standard Fonn (SF) 1413, Statement and Acknowledgment, for each subcontract for
construction within the United States, including the subcontractor's signed and dated acknowledgment
that the articles set forth in paragraph (b) of this article have been included in the subcontract.
Within 14 days after the award of any subsequently awarded subcontract the Contractor shall deliver to
the Contracting Officer an updated completed SF 1413 for such additional subcontract.
(e) The Contractor shall insert the substance of this article, including this paragraph ( e) in all subcontracts
for construction within the United States.
Contract Termination -- Debarment
A breach of the award articles entitled Davis-Bacon Act, Contract Work Hours and Safety Standards Act.-
Overtime Compensation, Apprentices and Trainees, Payrolls and Basic Records, Compliance with
Copeland Act Requirements, Subcontracts (Labor Standards), Compliance with Davis-Bacon and Related
Act Regulations, or Certification of Eligibility may be grounds for termination of the whole award or in
part for the Recovery Act covered work only, and for debarment as a Contractor and subcontractor as
provided in 29 CFR 5.12.
Compliance with Davis-Bacon and Related Act Regulations
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFRParts 1,3, and 5
are hereby incorporated by reference in this award.
Disputes Concerning Labor Standards
The United States Department of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures for resolving
disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those
procedures and not the Disputes and Appeals as defined in 10 CFR 600.22. Disputes within the meaning of
this article include disputes between the Contractor (or any of its subcontractors) and the contracting
agency, the U.S. Department of Labor, or the employees or their representatives.
Certification of Eligibility
(a) By entering into this award, the Contractor certifies that neither it (nor he or she) nor any person or
firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded
Government awards by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(l).
(b) No part of this award shall be subcontracted to any person or firm ineligible for award ofa
Government award by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(c) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.c. 1001.
Approval of Wage Rates
Not Specified/Other
24
7-184
083109
All straight time wage rates, and overtime rates based thereon, for laborers and mechanics engaged in work
under this award must be submitted for approval in writing by the head of the contracting activity or a
representative expressly designated for this purpose, if the straight time wages exceed the rates for
corresponding classific~tions contained in the applicable Davis-Bacon Act minimum wage determination
included in the award. Any amount paid by the Contractor to any laborer or mechanic in excess of the
agency approved wage rate shall be at the expense of the Contractor and shall not be reimbursed by the
Government. If the Government refuses to authorize the use of the overtime, the Contractor is not released
from the obligation to pay employees at the required overtime rates for any overtime actually worked.
31. HISTORIC PRESERV A nON
Prior to the expenditure of Federal funds to alter any structure or site, the Recipient is required to comply
with the requirements of Section 106 of the National Historic Preservation Act (NHPA), consistent with
DOE's 2009 letter of delegation of authority regarding the NHPA. Section 106 applies to historic properties
that are listed in or eligible for listing in the National Register of Historic Places. In order to fulfill the
requirements of Section 106, the Recipient must contact the State Historic Preservation Officer (5HPO),
and, if applicable, the Tribal Historic Preservation Officer (THPO), to coordinate the Section 106 review
outlined in 36 CFR Part 800. SHPO contact information is available at the following link:
htto:/lwww.ncshoo.on!!find/index.htm. THPO contact information is available at the following link:
huu:l/www.nathuo.om/man.htm1.
Section 110(k) of the NHPA applies to DOE funded activities. Recipients shall avoid taking any action
that results in an adverse effect to historic properties pending compliance with Section 106.
Recipients should be aware that the DOE Contracting Officer will consider compliance with Section 106 of
NHPA complete only after the Recipient has submitted adequate background documentation to the
SHPOITHPO for its review, and the SI;IPO/THPO has provided vvritten concurrence to the Recipient that it
does not object to its Section 106 finding or determination. Recipient shall provide a copy of this
concurrence to the Contracting Officer.
Not Specified/Other
25
7-185
083109
AlTACHMENT 1- INTELLECTUAL PROPERTY PRO"lSIONS
Intellectual Property Provisions (l"RD-I003)
Nonresearch and Development
Nonprofit organizations are subject to tbe intellectual property requirements at 10 CFR 600. 136(a), (c) and (d).
All other organizations are subject to the intellectual property requirements at 10 CFR 600.136(a) and (c).
600.136 Intangible property.
(a) Recipients may copyright any work that is subject to copyright and was developed, or for which o\\l11ership
was purchased, under an award. DOE reserves a royalty-free, nonexclusive and irrevocable right to reproduce,
publish or otherwise use the work for Federal purposes, and to authorize others to do so.
(cl DOE has the right to:
(1) Obtain, reproduce, publish or otherwise use the data first produced under an award; and
(2) Authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes.
Cd) In addition, in response to a Freedom of Information act (FOrA) request for research data relating to
published research findings produced under an award that were used by the Federal Government in developing
an agcncy action that has the force and effect oflaw, the DOE shall request, and the recipient shall provide,
within a reasonable time, the research data so that they can be made available to the public through the
procedures established under the FOIA. If the DOE obtains the research data solely in response to a ForA
request, the agency may charge the requester a reasonable fee equaling the full incremental cost of obtaining the
research data. This fee should reflect the costs incurred by the agency, the recipient, and applicable
subrecipients. This fee is in addition to any fees the agency may assess under the FOIA (5 U.S.c.
552(a)(4)(A)).
Not Specified/Other
26
7-186
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MATERIAL AND CONSTRUCT ON CONFORM ,
TO UNDERWRITERS LABORATORIES STANDARD
U.L. 2085. SECmmAlH CONTAINMENT
PROTECTED ABOVEGROUND TANK. I l
EXCEEDS All REQUIREMENTS OF 19971fCI UFC
STAnDARD 79-7. (TEST CERTifiED BY UL) Atm I I
APPENDXllf, ,
BULLET RES STANT UrJDER 19971FCI UFC
STANDARD 79.]. I
IMPACT RESISTANT UNDER 19971FCI UFC 0 0 0 0 0 0 0 .0 f
STANDARD 79-7
V.L LABEL FOR PROTECTED SECONDARY I I
, CO~HAINMENT ABOVEGROUND TANK 15
REQUIRED. "
CARB EXECUTlVE ORDER G-70-162-A. L
J
-
MEETS 200 I CBC AIR TEST AT NOT LESS THAN 3 PSI NOR MORE THAN 5 PSI.
MEETS 1997 ICBO UBC PRIMARY TANK TO BE TESTED ALONE. SECONDAR( TAra::
IMPORTANTI 1 TO BE PRESSURE TESTED WIlH PRESSURE IN PRIMARY TAtjJ(. ,
SEISMIC ZONE 4 TANK FABRICATOR TO NOTE 6" THIS SHALL BE ACCOMPl SHED BY BlEEDltJG AIR FROM
BUNG FOR TANK FILL USE. THE PRIMARY TANK INTO THE SECONDARY TMJK.
INNER TANK: PER U.l. 2085 (A) , (B ~ (D' q: F @ (H . AT NO TIME SHALL THE PRESSURE IN THE
OUTER TANK: PER U.L 20B5 1 96"ID I <jD SECONDARY TANK EXCEED THE PRESSURE
1-1-8' B" IB" IN THE PRIMARY TANK. ,
INTERIOR: BARE, CLEAN OF JJl" 18" 18" 18"
DEBRIS r 1
..... EXTERiOR: WHITE EPOXY /~ r- ~ ,~ l
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FOR I" ANCHOR BOlTS 12,000 GALLON FlREGUARD TANK 110. REaD.: TWO (2) liTEM NO: FG12000
BASEPLATE DET AIL ~,%~~~~p,1 fIMQ1fARR
; .
DIESEL AST UNLEADED AST ST.EI1I. TANK INSTITUTE i
J I Z' FNPT MONITOR J 1 T' FNPT MONITOR SIZE 0.0. I LENGTH WEIGHT ~ G.a.RY ENGINEERING, INC. CITY OF CHULA VISTA PUBUC WORKS CEHTER
H I 4" FNFT 2"VENT 12' A.F.G) H I 4" FtJPT 2"VENT 12'A.F.G. GE :~'=~~~~~.'i,,~ 1800 MAXWEll ROAD
G I 4" FNFT TANK GAUGE G I 4" FNPT TANK GAUGE 12,000 103"1 32'.T 34,000# '" Iml "HlU. '''''(",'J'&r''', CHULA VIST^ CAUFORNIA 91911 ~
""""''''''><".eo_,om
, F I 4" FNFT lIQU D LEVEL GAUGE F I 4" FNFT LIQUID LEVEL GAUGE _""10.1180O'-> ",.... ... ~= '.":-- AST. MFG. ELEVATIONS/DETAILS A!
E I 8" FNPT SECONDARY E.VENT E I 8" FNPT SECONDARY E.VENT "
~~ ". - , ~i"/D' .......'..a..."''''''-' "," ""'....I.<CW"HI . .. (~ llIt::)J~~:;~~~ .~.~TA ".. ~
D I 8" FNPT PRIMARY E-VENT D I B" FNFT PRIIAARY E-VENT ",
C I 4" FNPT SUS.PUMP TURBINE C I 4" FNPT SUB-PUMPITURBJNE ......Or1>ll,-"... -I
" ." -
B I '" Ft~PT SPARE B I 4" FNPT PHASE 1 VAPOR RECOVERY ........"..........<Ht.IC .~- U .. "" h'''''' " - ,. - ..~ -.,
A I 6" FNPT FILL A I 6" FNPT FILL -- I ~~; ~~ - 7
"SUl:O roo ~Pl. .. -" .. ""
""^''''" ~~ "~" ""
MARK ur<. SIll' "'" Qr<. SU!! rYrr. REMARKS ~~~ 1
SCHEDULE OF OPENINGS SCHEDULE OF OPENINGS --- .,.".,..r.o.uoo...C["'>< .- ''" l3P-01
, , , , , , , . , , , , . , " " " " " " ,
" " " " "
FOR CONTINUA nON OF PIPING SEE SHT. G-'
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 !
o " ".0
'A' I I ,- -, 'A'
I 12,000 GALLON DIESEL AST I I 12,000 GAlLON UNLEADED AST I
0 I 0 0 0 00 ~O I I 00 0 0 0 f 0
I I I I
L .J .-J
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0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
PLAN VIEW
12000 GAL UNLEADED DIESEL ASTS
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EMER ENCY
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VEEDER-ROOT MODEL #790095-001
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EMERGENCY SHUT-OFP SWITCH
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NO SMOKING @
OR OPEN "~
~::-~i~ WITHIN .
GASOUllE HEALTH
I SAFETY
. EXTlRIE.MIEL Y FLAMMABLE.
VAPORS MAY EXPLODE.
.HARMFUL OR FATAL. IF
SWALLOWED.
. LONG TERM IEXPOSURE TO
VAPORS HAS CAUS<::O CANCER
IN LABOAATOAY ANIMALS.
. KEIEP FACIE AWAY FROM
NOZZLE WHILiE: FiLLING.
. KEEP NOZZLE AWAY FROM
EYES AND SKIN.
. DONT OVERFILL TANK.
. FOA USE AS A MOTOR FUC:L ONLY,
ISLAND INFORMATION SIGN
"OWTJ.JlOC,TIrn.R'WREllBY""'"'PT.
seA,LNIS-
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OVERFIlL ALARid DF:I'AIL
VEEDER-ROOT MODEL #790091-001
3
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Stop IEng!OiS
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Dlaponalng
fool
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IT IS UNLAWFUL
6 D,.IJ,!GEROUS
TO DISPENSE
GASOLINE INTO
UNAPPROVED
CONTAINERS
Itl CASE OF F1R~ SPILL OR RELEASE
U..Em<<lilllllCr~8I1.11ofll
Report tho AccIdlll1ll
Fn[lepertmenlT8leo/looINo.
FaCUItrAddr&8K
lSS..Oa"",,,,,,,,,,,,,,..,..fOO
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Chemlcala known to the etate of Call1orola
to CllW88 oallCer, birth d.f.-ct. or ottwr
rePl'"oducttve harm er. found Irl gae.oUne
~~~h~l~ ~~~~r~:::: ~~ro:na;:: ~:~,~~
&nd fe;lIow Isbal dlr&cUone ai'ld UiUl cs.r. whsn
handling or I.lillng all petrol8UlTl p,-oducla.
ADHESIVES STICKERS TO BE PLACED S.o IS VISIBLE
TO ALL TRAFFIC AND PEDESTRIANS
ElECTROHIC DEVICES
HAZARD
DO NOT USE CELLULAR
PHONES OR OTHER
ELECTRONIC DEVICIES WHILE
DISPENSING MOTOR FUELS.
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CU<OU"'",OC........AN<W>AICIOSlLfL
J. ......ERC>lOWO C""","'" 10 ll[ U''''~" 7,' C""'" (~"l AWlf 'OJAC[NI lO
fVEllN[S..C...."ON mEHOII.SAPPUC'ElI.f). '''STAll c""r>l.OT,,IC'nON
W^""",GJAP"2'AIlOVECONW"",1H'"CHB',,,",B'C.'llLNG.
e,Cl<I1.J... PHO< .'Of TO w^'CH f>JSD<~ AS RE<>JIREO """"""I fR(,,,,,.:s
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PUU."O,,",' ,. ElE INSTJ.llED J.S ~fOW!'" 'O'^OlJ''''-' pUllJNC
(ON 'OoV<G1WlJNO& U"O'RG""'H""""S)
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AtlCO/4lUllSTOIlt:3/"'-"'lLSSNOlIDOT>1(.,,5f.
~ GARY ENGINEERING, INC.
OE ..a,.."","A"L\(>. ....,E"'.
SANOl'GO.CAl""""",21"
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omaI, ....,€noCo____
CITY OF CHUlI VISTA PUBUC WORKS CEHTER
1BOO MAXWEll ROAO
CHULA VISTA, CAUFORNJA 91911
MISC. SITE DETAILS
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Attachment C
Design Build Agreement
14
7-202
,
DESIGN BUILD AGREEMENT FOR
[INSERT PROJECT NAlVlE] PROJECT
THIS Agreement shall be for the design and construction ofRohr Park Shade Structures and the payment of
permitted costs therefore ("Agreement"). This Agreement is made and entered into this [INSERT DATE], by and
between THE CITY OF CHULA VISTA, a municipal corpcration ("City"), and [INSERT NAME OF D/B], a
[ENTER TYPE OF CORPORA.TE EJ\:TITY AND PLACE OF INCORPORA.TION] ("Design Builder oiDIB").
City and 0/8, when referenced herein, may be referred to individually as "Party" and collectively as "Parties.'" This
Agreement is entered into with reference to the following facts:
RECITALS
1. [INSERT].
2. [INSERT].
3. [INSERT].
4. [INSERT].
5. [INSERT].As part of that effort, on [INSERT DATE], the Department of Public Works, Engineering Division,
issued a Request for Proposal (RFP), pursuant to 9 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. [lNSER1}
7. Following interviews of all [lNSERT#] respondents, DIB was selected as the respondent who best met the
design, monetary, and time criteria of the project with whom City could negotiate an agreement
8. As part ofDIB's proposal, D/B submitted a "Not to exceed Gross Maximum Price" of the Project in the
amount o[[INSERT WRlTTEN DOLLAR AMOUNT] ($[INSERT NUMERlC AMOUNT]) ("Estimated
Cost"/"EC").
9. Following City's approval 0[90% Construction Documents ("CD"), DIB shall submit a guaranteed ma'illnurn
price ("GMP"), not to exceed the Gross Maximum Price, for which the Project shall be designed and
constructed.
1 O. DIB shall complete the Project, as a public improvement, according to plans and,specifications approved by
City, for an amount not to exceed the GMP.
NOW THEREFORE, in consideration of the recitals, mutual obligations of the Parties, the covenants and conditions
herein, and for other good and valuable, the sufficiency of which is hereby acknowledge, the Parties agree as
follows:
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ARTICLE I. DEFINITIONS
ADA: The Americans with Disabilities Act of 1990 and any amendments thereto.
Acceptance: Final approval by the City Inspection Te3Ill following the Final Inspection that Project Improvements
are complete and work required on the Punch List has been finished. .
As-Builts: Project Record Documents that are the Contract plans modified from the original concept of the
design tu retlect the actual product built.
CEQA: Califurnia Environmental Quality Act.
Calendar Day(s): All days of the week, holidays and weekends included.
Change Order: A written order, approved by City, authorizing a change in the work to be performed.
City: The City ofChuta Vista Unless specifically provided otherwise, whenever this Agreement requires an action
or approval by City, that action or approval shall be performed by the City representative designated by the
Agrcement.
City Council: The City COlUlcil of the City of Chula Vista
City"s Project Administration Costs: Charges that City incurs to: (i) administer the acquisition of ihe Property,
(ii) review and approve the plans and specifications for the project improvements, and Oii) inspect the project
improvements during construction, until completion and Acceptance of the Project.
Contract Documents: Including, but not limited to: Contract Addenda, Notice Inviting Bids, Instructions to
Bidders, Bid (including documentation accompanying Bid and any post-bid documentation submitted prior to
Notice of Award), the Bonds, the general conditions, permits from other agencies, the Special Provisions, the Plans,
Standard Plans, Standard Specifications, Reterence Specifications, and all modifications issued after the execution
of this Agreemcnt.
Contract Time: The number of Calendar Days permitted under this Agrcement for DIE to achieve Substantial
Completion.
Defective Work: All work. material, or equipment that is unsatisfactory, faulty, incomplete, or does not conform to
the Contract documents is defective.
Design Build Team (DfBT): Those individuals designmcd as being a part o[th(; Design Build Team.
Estimated Cost: The total cost of the Project as estimated in preliminary cost estimates as shown in Exhibit
jfNS(Xfl
Extra 'Work: Any City additions, modifications, or deletions to work or D/B obligations under this Agreement not
within the original Scope of Work contemplated by this Agreement.
Final Completion: The point at which the last of the following has occurred: (1) recordation of a Notice of
Completion for the Project; (2) acceptance of the Project by the City; (3) submission of all documents required to be
supplied by D/B to City under this Agreement, including but not limited to As-Built Drawings, warranties, and
operating manuals: and (4) and delivery to City of a Certificate of Completion duly verified by DIE.
Greenbook: The most recent edition of the Standard Specifications for Public Works Construction (including any
City ofChula Vista standard special provisions).
Guaranteed l\1aximum Price ("GMP"'): The maximum compensation to which DIB may be entitled for the
performance of all Services, Work, and obligations and the satisfaction of all conditions under this Agreement,
which amount shall include all authorized costs for labor. equipment, and material to design and build a fully
functional Project in accordance with all applicable rules, regulations. and laws.
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Hard Construction Costs: Direct construction costs incurred in performing the work, including ta'(es, delivery and
installation. Hard Construction costs shall not include DIB mark "Up, handling fees, overhead, or other charges,
except as otherwise set forth in this Agreement.
Hazardous Materials: Hazardous waste or hazardous substance as defined in any federal, state, or local statute,
ordinance, rule, or regulation applicable to the Property, including, without limitation the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as amended (Title 42 United States Code
sections 9601-9675), the Resource Conservation and Recovery Act (Title 42 United States Code sections 690l~
6992k), the Carpenter Presley-Tarmer Hazardous Substance Account Act (Health and Safety Code sections 25300-
25395.15), and the Hazardous Waste Control Law (Health and Safety Code sections 25100-25250.251. "Hazardous
Materials" shall also include asbestos or asbestos containing materials, radon gas, and petroleum or petroleum
fractions, whether or not defined as hazardous waste or hazardous substance in any such statute, ordinance, rule, or
regulation.
Holiday: The City-{)bserved holidays.
Law: All Federal, State, or local laws, regulations, ordinances, and/or policies.
Milestones: Dates shown on the Project Schedule by which D/B shall complete major tasks either during design or
construction of the Project.
NEPA: National Environmental Policy Act.
Notice to Proceed: City's written notice authorizing DIB to commence Work and/or Services on the Project.
Notice of Termination: A written notice from City to D/B terminating the Agreement in accordance with Article
XXVI.
Project Site: The property located at rINSERT] and further described in Exhibit "r INSERT]", attached.
Reimbursable Costs: rPLF.ASE INSERT]
Services: Professional services, including des~gn and construction management of the Project that are required to
design and construct the Project in accordance with the Contract Documents. Services does not include Work.
Substantial Completion: That stage in the progress of the construction when all Work on the Project is sufficiently
complete in accordance with the Construction Documents, so that City can fully utilize entire Projec~ Substantial
Completion shall further mean that all goods, services and systems to be provided under the tenns and conditions of
the Construction Documents are in place, haw been initially tested, and are operationally functional, subject only to
final testing, balancing and adjustments and normal Final-Completion punch list work.
Title 24: California Building Standards Code, California Code of Regulations, Title 24.
Work: All labor, materials, supplies, and equipment that are necessary to construct the Project in accordance with
the Contract Documents. Work does not include Services.
Working Day(s): Monday through Friday, excluding City holidays_
ARTICLE II. SCOPE OF THE AGREEMENT
2.1 General. Except as expressly provided in this Agreement, DIB shall design and construct the Project in
accordance with all the'terms and conditions of this Agreement, approved Plans and Specifications, and the
timeframes established by the Project Schedule, attached as Exhibit "[INSERT]", delivering a complete and
functional Project within the Contract Time for an amount not to exceed the GMP.
ARTICLE III. TERM
3 1 Term of A!!reement. TIllS Agreement shall be effective on the date it is executed by the last Party to sign the
Agreement following City Council approval by Resolution. The term of this Agreement will extend from the
date of execution until satisfaction of all terms and conditions herein, unless this Agreement is earlier
terminated.
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ARTICLE IV. GENER-\.L PROJECT PERFOR"IANCE OBLIGATIONS
4.1 Standard of Care. Throughout the performance this Agreement, performed under this Agreement, DIE agrees
that all Services and Work provided as part of this Agreement shall be performed in accordance with the
standards customarily adhered to by experienced and competent professional architectural, enginet.:ring;
landscape architecture, and construction firms using the degree of care and skill ordinarily exercised by
reputable professionals practicing in the same field of service in the State of California.
4.2 Comoliance with all Laws. In the performance of this Agreement, D/B shall comply with all laws, including
but not limited to;
4.2.1 All City, County, State, and Federal laws, codes and regulations, ordinances, and policies, including,
but not limited to, the fotlowing:
4.2.1.1 Environmental Regulations (i.e. CEQAI NEP A).
4.2.1.2 The Americans with Disabilities Act ("ADA") and Title 24 of the California Building Code. It
is the sole responsibility of DIB to comply with all ADA and Title 24 regulations.
4.2.1.3 The California Fair Employment and Housing Act and all other State. Federal and local laws
including, but not limited to, those prohibiting discrimination on account of race, color,
national origin, religion, age, sex or handicap.
4.2.1.4 The Clean Air Act of 1970, the Clean Water Act (33 USC 1368)-Executive Order 11738, and
the Stormwater Management and Discharge Control-Ordinance No. 0-17988.
4.2.1.5 DIB shall comply with the Essential Services Building Seismic Safety Act, SB 239 & 132.
4.2.1.6 DIB shall comply immediately with all directives issued by City or its authorized
representatives under authority of any laws, statutes. ordinances, rules, or regulations.
4.2.1.7 DIB shall obtain and comply with all permits necessary top complete the Project, including,
but not limited to Development Services Department permits and hazardous material permits.
4.2.1.8 Zoning, environmental, building, fire and safety codes and coverage, density and density ratios
and lien laws.
4.2.2 /mplied Knowledge 0./ Lmvs. DIB shall be responsible for all amendments or updates to standards and
of all amendments or updates to standards, whether local, state, or federal, and such knowledge will be
imputed to DIB to the extent allowed by law.
4.3 Desi2"n and Construction Standards. In the performance of the Services and Work covered by this
Agreement, D/B shall comply the most current versions of design and construction specifications, all of which
shall be incorporated herein by this reference.
4.3.1 Standard Specifications.
4.3.1. t Greenbook. The 2000 Edition of the Standard Specifications for Public Works Construction.
4.3.1.2 California Department of Transportation Manual of Traffic Controls for Construction and
Maintenance Work Zones.
4.3.2 City Specfllcations.
4.3.2.1 The 2000 Edition of the Chula Vista Standard Special Provisions.
4.3.2.2 The 2000 Edition of the Regional Standards.
4.3.2.3 The 2002 Edition of the Chula Vista Construction Standards.
4.3.2.4 The City's facility program, performance and design criteria, concept drawings, and reports.
4.3.3 Energy Con..rervation Standards.
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4.3.4 Matenals Standards. DIE shall use industrial grade, not residential grade, equipment and accessories
for all facets of design and construction.
4.4 Obtain City Annroval. For any and all actions under this Agreement that require City .approval, including,
but not limited to, changes or additions to Agreement, DIE shall obtain approval in writing from the designated
City Representative, or when required by Law, from the City Council. D/B acknowledges that approval from
any individual other than the designated City Representative or City Council, where required, shall not be
valid.
4.4.1 FaIlure to Obtain Approval. Any costs or delays resulting from or associated with additions or
modifications implemented without the written authorization of the City Representative shall be borne
exclusively by D/B and not be grounds for an increase in GMP or Contract Time.
4.4.1.1 Emergency. In the event of an emergency, DIB shall take all reasonable actions necessary to
protect public health, safety or property. Such action shall not require advance City approval;
however, DIE shall notify the City immediately of the emergency and as soon as reasonably
possible provide a written statement to the City explaining the emergency and the reasonable
actions taken. Provided the emergency was not caused by or its creation contributed to by the
DIE, its employees, agents, or subcontractors, DIB may be entitled to reasonable compensation
for such actions.
4.4.2 No Release From Obligations. City approval shall be a general approval only, and such approval shall
in no way release or relieve DIE of responsibility for complying with all applicable laws, codes, and
good consulting, design. or construction practices.
4.5 Decision Makin!!. DIB shall make decisions with reasonable promptness to avoid delay in the orderly
progress of DIE's obligations under this Agreement and pursuant to the Project Schedule, attached as Exhibit
"[INSERT]".
4.6 Perform Services and \Vork in Phases. The Services and Work under this Agreement shall be performed
three (3) "Phases" in the manner and ord~r described herein.
ARTICLE V. PHASE I - DESIGN DEVELOPMENT
5.1 Desi!!D Team. City has awarded this Agreement based on the specific qualifications ofD/B to perform the
design services required under this Agreement. All such services shall be provided by D/B unless the City has
approved of the use of Subconsultants in the manner identified in Article VIII.
5.2 Services. in Phase I, DIB shall perform Services including, but not limited to, the following:
5.2.1 ProJect Development. Develop and refine Project requirements.
5.2.2 DDD. Prepare complete DDDs, such that the ODDs include, without limitation, the following:
5.2.2.1 Site Plans. 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.
5.2.2.2 Floor Plans. Floor plans including graphically demonstrating interior and exterior walls and
fenestration with notes, dimensions and gridlines; room names, structural bay spacing with
grids. critical dimensions and area calculations.
5.2.2.3 Roof Plans. Roofplans 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.
5.2.2.4 Building Sections. Building sections, which shall include vertical dimensions. floor assembly
thickness showing known structural elements, notes and dimensions.
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5.2.2.5 Elevations. Exterior elevations, including material references and extent; visible rooftop
elements; existing and new line of grade; indicate of floors with leader lines: and vertical
dimensions: notes, dimensions and grid lines.
5.2.2.6 Wall Sections. Wall sections including all wall sections, dimensions, horizontal element
offsets, and guide to exterior face of wall; dimensions, vertical floor to floor, floor to window
head and sill and floor to ceiling: structural elements and assemblies; interior and exterior wall
finishes; and wall and roofassembly;
5.2.2.7 ???Outline specifications, written description of [[NSEI.nJ and components including site
work.
5.2.2.8 Traffic circulation and landscaping should also be indicated at this stage if applicable.
5.2.3 Code Compliance. Verify all c0ge compliance, including building construction type. occupancy
sprinkler requirements, existing, zoning and other agency conformance and ADA.
5.2.4 Submlllals. Prior to proceeding with Phase II, DIB shall prepare and submit the following to the City
for review and written approval.
5.2.4.1 ODDs. Completed DDD.
5.2.4.1.1 Conditional Approval. In the event that City grants conditional approval, DIB shall
address all City comments or issues and make associated revisions in the next set of
drawings developed and submitted.
5.2.4.1.2 Delay/Costs. Any delay or additional costs resulting from the re-submittal shall be
borne exclusively by DIB and not be grounds for an increase in the GMP or Contract
Time.
5.2.4.2 Other Deliverables. 3D rendered images, color and material boards, reflected ceiling plans,
and special system or equipment plans.
ARTICLE VI. PHASE II
6.1 Phase n Services. In Phase II of the Project, D/B's shall perform Services including, but are not limited to,
the following:
6.1.1 Project Development. DIB shall diligently prosecute the development and refinement of Project
requirements and review such requirements with City;
6.1.2 Digital Documentation. DfB sha1l prepare CD's which shall include, wit~out 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 that affec...is the design of the spaces.
6.1.2.1.3 Building elevations indicating exterior design elements and features, including
fenestration arrangements, materials, mechanical and electrical features appearing on
the walls, roofs, and adjacent areas. .
6.1.2.1.4 Interior elevations to establish functional requirements, equipment, and all systems
locations.
6.1.2.1.5 Typical building sections showing primary structural members, dimensions, and
accommodation of functional systems.
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
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design criteria., preliminary sizing of major structural components, critical coordination
clearances and applicable material1ists.
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 Infonnation customarily necessary for the use of those in the building trades.
6.1.2.9.2 Documents customarily necessary to obtain regulatory agency approvals.
6.1.2.9.3 Color board and architectural rendering for required presentations.
6.1.2.10 Mechanical design documentation consisting of continued development and
expansion of schematic mechanical design cqnsisting 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 desigh documentation consisting of continued expansion of the schematic
electrical design consisting of:
6.1.2.11.1 Criteria for lighting, electrical, communications audio visual, close circuit T.V.,
lighting controls and other electrical systems typical to civic facilities, the
approximate sizes and capacities of major components transformers-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 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.
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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.
6.1.3 Prqject Sequencing. D/B shall determine and establish the sequence of construction, and if
appropriate, identifY separate bid packages to accomplish phased construction of the Project.
6.1.4 entical Path. D/B shall prepare a detailed Critical Path Method schedule for all construction
components of the Project C'Detailcd 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, and completion of the Rohr Park Shade
Structures, all of which shall confunn with the dates of Substantial Completion and Final Completion
of Project.
6.1.5 Governmental Rel'few D/B shall review, as needed, the CD's with the governmental authorities
having jurisdiction over the Project.
6.1.6 Accounting S)'stem. DIB shall 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.
6.1. 7 Project AIanagement Plan. DIB shall develop and implement a Project Management Plan and
Procedures including:
6.1.7 I Project status reports.
6.1.7.2 Coordination/interface with the City and its other consultants/contractors
6.1.7.3 Initial Design kickoff meeting to be held no later than five (5) working days from the Effective
Date of Agreement .
6.1. 7.4 Biweekly Design and Construction meetings
6.1. 7.5 Interface and communications with other agencies
6.1.7.6 Vendors and subcontractors management
6.1.7.7 Document control
6.1.7.8 Schedule and budget control
6.1.7.9 Quality assurance and quality control. DIB shall establish and maintain a quality control
program with appropriate reviews and independent testing procedures to ensure compliance
with the Construction Documents during the construction phase.
6.6.10 Scheduling and cost control reports, which shall be provided monthly throughout the design
phase.
6.1.8 Construction Drawings and SpecjJications. DIB shall prepare construction drawings and specifications
suitable for obtaining City.approved permits and to allow construction.
6.1.9 CiryApproval. DIB shall submit Construction Documents and obtain City approval in writing of the
Construction Documents at fifty percent (50%), seventy percent (70%), and ninety percent (90%)
completion.
6.1.9.1 Condition Precedent. City approval of the Construction Documents is a condition precedent to
authorization to proceed with subsequent work on the Project.
6.1.9.2 Notification, Modification, and ResubmittaI. At 50%, 70% and 90% Completion, City will
notify DIB in writing within the time frames established in the Project Schedule follO\ving
receipt of Construction Drawings of City approval, or of request for modifications. If
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modifications are requested, D/B shall modify and resubmit Construction Drawings for City
approval.
6.1.9.3 D/B Support. DIB shall provide support to a City Constructability Review Team for the
review of the Construction Documents at all stages of required submission.
6.1.10 Matena/s and Equipmen1 Spec(/icadons. DIB shall prepare technical materials and equipment
specifications for pre-purchase.
6.1.11 Surveying and Tes1mg. DIB shall coordinate, perform, and complete all. surveying. materials testing,
and special testing for the Project at the Project site a<; required by this Agreement, the State Building
Code, or any other law or regulation, in accordance with and considering the following:
6.1.11.1 Technical Guidelines produced by the California Council of Civil Engineers & Land
Surveyors under the title "A Guide to Professional Surveying Procedures," and the City of
Chula Vista's [DO WE HA VE A STANDARD/OR lvL-\NIJAL'!?'!j.
6.1.11.2 Existing Conditions. D/B shall obtain all necessary soils investigation and conduct
agronomic testing required for design of the Project. The Soils Consultant shall prepare a
statement that will be included in the Bidding Documents as to the nature of soils, ground
water conditions and any other information concerning the existing conditions of the site.
6.1 11.3 Utilities. D/B shall provide all required information for the construction or relocation of
Public or private utility facilities that must be constructed or relocated a<; a result of this
Project. D/B shall file all of the required documents for the approval of authorities having
jurisdiction over the Project and in obtaining the services of all utilities required by the
Project.
6.1 11.4 Geotechnical Information. D/B shall obtain all necessary geotechnical information required
for the design and construction of the Project. The Project Engineering Geologist and/or
Project Soils Engineer (qualified R.C.E. or R.G.E.) shall prepare a statement, that will be
included in the Bidding Documents, to address existing geotechnical conditions of the site
that might affect construction.
6.1 11.5 Additional Surveys. D/B shall provide additional site surveys and geotechnical investigations
to the extent that D/B determines they are necessary for final design.
6.1.11.6 No Reliance. D/B shall not rely on City survey information a<; it is intended to be preliminary
in nature and may not have sufficient accuracy or scope to support final design.
6.1.12 SI1PPP. D/B shall prepare and incorporate into the Construction Documents a Stormwater Pollution
Prevention Plan ("SWPPP") to be implemented by the D/B during Project construction. Where
applicable, the SWPPP shall comply with both the California Regional Water Quality Control Board
Statewide General Construction Storm Water permit and National Pollution Discharge Elimination
System permit requirements and any municipal regulations adopted pursuant to the permits.
6.1.12 Alterna1ives. D/B shall 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.
6.1.13 Penm1s. DIB shall obtain general building permit and all ancillary permits and licenses,'including but
not limited to, demolition permits, improvement permits and grading permits [WHEN??'?].
6.1.14 Upda1ed Costs. DIB shall provide updated construction cost estimates in conjunction with the
submittals required in Section 6.1.9 to support Value Engineering ("VE") and constructability reviews.
6.1.15 Final Revien' and Approval of Plans and Spec(jications. D/B shall deliver to City complete
Construction Documents. including Construction Drawings, Plans and Specifications for the design
and construction of the Project City agrees to review the Construction Documents and provide City's
written comments to D/B within [INSERT TII\'IEFRA~lE] Business Days afthe date such
Construction Documents are delivered to City in accordance with the notice provisions in Article
x..XVIIL Approval shall not be unrea<;onably withheld. If requested by City, DIB shall make changes
to the Construction Documents.
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ARTICLE VII. PHASE Ill. - CONSTRUCTION PHASE WORK AND SERVICES
7.1 Phase HI. \Vork and Services. The DIB shall construct the Project in accordance with City.approved plans
and specifications prepared by the DIB to meet or exceed aJl requirements of the City provided program,
schematic design and the performance criteria The D/B shall:
7.1.1 Bidding. DIB shall prepare and submit to the City for review separate bid packages, such'bid packages
shall be organized in the manner that DIB determines is appropriate ensure the efficient and cost
efft:ctive construction of the Project.
7.1.1.1 Competitive Bidding. D/B shall competitively bid the respective bid packages for the
construction of the Project.
7.1.1.2 Pre.Bid Conferences. D/B shall 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.
7.1.1.3 Scheduling. D/B shall coordinate scheduling of bid packages, submittals.
7.1.1.4 Bid Results. DIB shall submit to the City a summary of bid results for each bid package.
7.1.1.5 Bid Protests. DIB shall hear and decide bid protests and shall develop and maintain bid protest
procedures for that purpose. City shall be timely informed of all bid protests (prior to
resolution) and the outcome of said protests.
7.1.1.6 Equal Opportunity Contracting/Nondiscrimination. DIB shall not discriminate on the basis of
race, gender, religion, national origin, ethnicity, sexual orientation, age, or disability in the
solicitation, selection, hiring or treatment of subcontractors, vendors, or suppliers. DIB shall
provide equal opportunity for subcontractors to participate in subcontracting opportunities.
DIB understands and agrees that violation of this Subsection shall be considered a material
breach of this Agreement' and may result in contract termination, debannent, or other sanctions.
The language of this Subsection shall be inserted in contracts between DIB and any
subcontractors, vendors, or suppliers.
7.1 1.7 Executing Contracts. DIB shall be responsible for entering into subcontracts, in DIB's own
name, with the bidder who in DIB's discretion and professional opinion best meets the
monetary, time, and perfon:nance requirement of the Project. DIB shall be responsible for
ensuring that these contracts fully comply with all applicable local, state and federal laws,
some but not all of which are listed below.
7.1 1.8 Additive Alternatives. DIB shall require additive alternates for extended warranties in bid
packages for roofing and HV AC systems.
7.1.2 AIeetings. DIB shall conduct meetings identified below:
7.1.2.1 Preconstruction Meeting. DIB shall conduct a preconstruction meeting with its officers, agents
and employees and City. The purpose of this meeting is to discuss: (i) the Agreement
conditions, (ii) Scope of Work clarifications, and (iii) City policies, inspection requirements,
and procedures.
7.1.2.1.1 Attendance. DIB shall ensure that the preconstruction meeting is attended by DIB's
construction contractor, project manager, all DIB's major subcontractors, the City's
([NSERT], and all other persons necessary as determined by DIB or City.
7.1.2.2 Progress Meetings. DIB shall conduct weekly progress meetings with the City and appropriate
'design and construction members.
7.1.2.3 Contractor Meetings. DIE shall conduct contractor meetings, as necessary, to provide
technical input.
7.1.2.3. I DIB shall provide interpretation of technical specifications and drawings.
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7.1.2.4 Rescheduling. Progress Meetings may be rescheduled if rescheduled meeting times are
convenient for all necessary parties, and DIB has given no less than five (5) Calendar Days
prior ""TItten notice of the rescheduled meeting.
7 1.2.5 Minutes. DIB shall take corresponding meeting minutes and distribute copies to all attendees.
7.1.2.6 Reporting. D/B shall monitor and report to the City on actual performance compared to the
Project Schedule, provide updated As-Builts, and verify that the latest changes to the Project, if
any, have been made.
7.1.3 Cons/roc/ion AIanagemen/. During construction of the Project, D/B shall perform and be responsible
for construction management, supervision, and administration services, including, but not limited to,
tracking and reporting all expenses and all aspects of the construction and coordinating all construction
means, methods, techniques, sequences and procedures to ensure the efficient and orderly sequence of
the construction of the Project
7.1.3.1 Resident Management. DIB 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 perfonn inspections to verify compliance with the plans,
specifications and contract documents. The DIB resident staff shaH ensure construction
compliance with applicable local, state, and federal codes, building and environmental pennit
requirements, construction mitigation documents and enforcement of the Contract Documents.
7.1.3.2 Records Management. DIB shall implement and maintain an internal records management and
document control system as required to support project operations. The DIB shall provide
records management and document control infonnation in a manner consistent with the City's
reporting system.
7.1.3.3 Cash Flow. D/B shall dev:elop 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.
7.1.3.4 Reporting. D/B shall keep City informed of the progress and quality of the design and
construction of the Project.
7.1.3.5 Documents On-Site. D/B shall maintain a complete and up-to-date set of Construction
Documents in the Projects field office at all times during construction that reflect all changes
and modifications.
7.1.3 Site Sqfety. Security. and Compliance. DIB shall be responsible for site safety, security, and
compliance with all related laws and regulations.
7.1.3.1 Persons. DIB shall be fully responsible for the safety and security of its officers, agents, and
employees, City's officers, agents, apd employees, and third parties authorized by D/B to
access the Project site.
7.1.3.2 Environmental. DIB shall administer and enforce the Environmental Mitigation Monitoring
and Reporting Plan for the Project, if any. In addition, D/B shall report environmental issues to
the City in a manner consistent with the City's reporting system. D/B shall be responsible for
the environmental consequences of the Project construction and shall comply with all related
laws and regulations, including the Clean Air Act of 1970, the Clean Water Act, Executive
Order munber 11738, and the Stonnwater Management and Discharge Control Ordinance No.
0-17988 and any and all Best Management Practice guidelines and pollution elimination
requirements as may be established by the Enforcement Official.
7.1.3.3 Risk of Loss. DIB is responsible for the Project, project site, materials, equipment, and all
other incidentals until the Project has been Accepted by the City and shall bear any costs or
expenses associated with the loss thereof or damage thereto, including by theft, fire, or other
casualties.
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7.1.4 Public Right-q,f-Way. All work, including, materials testing, special testing, and surveying to be
conducted in the Public right-of-way shall be coordinated with the City.
7.1.4.1 Materials Testing. D/B shall pay for and coordinate with City to have all material tests within
the Public right-of-way and any asphalt paving completed by City's Material Testing
Laboratory.
7.1.4.2 Surveying. D/B shall pay for and coordinate with City's [INSERT DEPARTMENTI all
surveying required within the Public right-of-way.
7.1.4.3 Follow all Laws, Rules, and Regulations. DIB agrees to follow all City standards and
regulations while working in the Public right of way. including but not limited to, utilizing
proper traffic control and obtaining necessary permits.
7.1.5 Traffic COfltrol. D/B shall address all traffic control requirements for the Project including, if
necessary, separate traffic control plans andlor notes.
7.1.? Abatement. D/B shall develop a mutually agreed upon program to abate and minimize noise, dust, and
disruption to access for parking and services at all times for adjacent business entities and residences.
7 1.6 fnspections. D/B shall coordinate any and all required inspections, including special inspections, in
such a manner that the progress of construction is not affected or impacted. The DIE shall provide
surveying, and other contracted services as required to complete project construction inspection and
testing tasks. The City will provide inspection, special inspection, re-inspection services, and periodic
building inspections.
7.1.7 Permits. The Parties acknowledge that the construction work to be performed on the Project by DIB in
compliance with this Agreement is subject to the prior issuance of building, land development, and/or
public improvement permits paid for and obtained by DIB. In the event that City, or any other
governmental agency, unreasonably refuses to issue the permit(s) necessary to authorize the work to be
performed or if the permit(s) are unreasonably canceled or suspended, then D/B is relieved from its
obligation to construct those improvements covered by the denial of said permit(s). City shall, under
such circumstances, pay D/B the reasonable costs, not to exceed the amounts identified in this
Agreement, t'Or all work completed up to the date of denial of said permit{s). All plans, specifications
and improvements completed to the date of the denial, suspension or cancellation of said permit(s)
shall become the property of City upon D/B's receipt of payment in full as described above.
7.1.8 AImntenance. D/B shall ensure Project is maintained in a clean, neat, sanitary and safe condition free
from accumulation of waste materials or rubbish. Until Acceptance of the Project, DIB shall be
responsible for on-going site maintenance, including any erosion prevention measures. Prior to Final
Completion, DIE shall cause to be removed from and about the Project all tools, construction
equipment, machinery, surplus ~aterials, waste materials and rubbish and deliver the site to the City in
a clean, neat, sanitary and safe condition.
7.1.8.1 Waste Removal. Please be advised that Chula Vista Municipal Code 8.24.070 provides for an
exclusive franchise for the removal and conveyance of all solid waste for hire (including
recyclables) within City limits. The exclusive franchise agreement covers any hauling activity
that requires the generator or their agent to pay a fee for any service connected with removing
or conveying waste. The City's franchise hauler is Allied (formerly Pacific) Waste Services
and may be reached at (619) 421-9400.
7.1.9 Request}Or /'!/Ormation ("RFf"). Parties acknowledge that the RFI process is solely for
correspondence between D/B and its agents; however, D/B shall submit copies of each RFI to City at
the within twenty-four (24) hours ofreceipt. D/B shall issue responses to RFls. Unless D/B
specifically requests a City response, City will not respond to RFls.
7.1.10 RevIewandApproval. D/B shall provide timely review and approve shop drawings, samples of
construction materials, product data, schedule submittals, and other submittals for compliance with the
Construction Documents. DIB shall keep the City advised of all such matters being reviewed and
approved by DIB and forv.'ard copies of such documents to City for review
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7.1.11 Royalties and Other Fees. D/B shall pay royalties and license fees, if applicable. D/B shall defend
suits or claims for infringement of patent rights and shall defend and hold City and City's agents
harmless from loss on account thereof
7.1.12 Provide City with a Detailed Construction Schedule (DCS) on an disc ( CD) within fourteen
(14) working days after receiving Notice to Proceed with Phase IV, provide updated versions ofDCS
on a monthly basis, and provide immediate notice of any impact on critical path items.
ARTICLE VIII. SUBCONTRACTING
8.1 Subcontractin!!.
8.1.1 Design Sen'ices. DIB shall perform or obtain the prior written consent of the City to subcontract all
design services for the Project utilizing qualified, licensed and sufficiently experienced architects,
engineers and other professionals (herein jointly "Design Consultants") as identified in Exhibit
[INSERT}. DIB shall not be permitted to substitute any Design Consultant unless authorized by City.
8.1.2 Constroction Services. DIB shall perform all construction on the Project utilizing subcontractors
appropriately licensed by the California Contractors State License Board or other required agency.
ARTICLE LX. PROJECT SCHEDULE
9.1 Proiect Schedule. OIB shall perform and complete the Services and Work under this Agreement according to
the time frames set forth in the Project Schedule, attached hereto as Exhibit "[INSERT]", or a subsequently
revised Project Schedule in such a manner that the GMP or Contract Time of the Project shall not be exceeded
and that is consistent with the Standard of Care identified in Section 4.1.
9.1.1 Project Schedule. OIB has submitted, as part of its proposal, a Project Schedule based on its estimate
of the time necessary to complete the Project.
9.1.2 DIBs Obligation. Subsequent to the effective date of this Agreement, DIB shall provide, coordinate,
revise, and maintain the Project Schedule for all phases of the Project.
9.1.2.1 During the Project initiation and design phases, the D/B shall submit an updated Project
Schedule monthly to the City for approval.
9.1.2.2 During Construction, DIB shall submit an updated Project Schedule monthly to the City and
shall include:
9.1.2.2.1 Forecast Data with the intended plan for the remainder of the contract duration.
9.1.2.2.2 Actual Data with indications of when and how much Work and/or Services was
performed (% complete).
9.1.2.2.3 Logic changes or other changes required to maintain the Project Schedule.
9.1.3 Detatl and Format. The Project Schedule shall be substantially similar in detail and form to Exhibit
[INSERT}, or it shaH be in the form subsequently agreed to by the Parties.
9.1.4 Submittal. Project Schedule shall be submitted to City on a computer disk in a version of.Microsoft
Project.
9.2 Proiect Comoletion. D/B acknowledges that all work on the Project under this Agreement will be complete
and ready for its intended use by the Project Completion Date, [INSERT].
9.3 Chan!!es in Proiect Schedule. Changes in Project Schedule, whether to logic, definition, or relationship must
be approved by the City in writing as a Change Order pursuant to the manner identified in Article XII.
ARTICLE X. DELAY IN PERFORMANCE
10.1 Time of Essence. Time is of the essence for this Agreement and each provision of this Agreement, including
the Project Schedule, Start Date, and Project Completion Date contained herein, unless otherwise specified in
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this Agreement. DIE shall perform all Services and Work as expeditiously as is consistent with standard of
care identified in Section 4.1.
10.2 Notification of Delav. lfthe DIE anticipates or has reason to believe that the performance of Services and/or
Work under this Agreement will be delayed, the D/B shall immediately notify the City A written notice of the
delay must be delivered to the City within five (5) Calendar Days of the initial notification, unless the City
allows an additional period of time to ascertain more accurate data in support of the request. The written notice
shall include an explanation of the cause of the delay, a reasonable estimate of the length of the delay, and all
supporting data. The D/B shall include a written statement that the time adjustment requested is the entire time
adjustment to which D/B has reason to believe it is entitled as a result of the cause of the delay. An increase in
time for completion does not necessarily mean that D/B is entitled to an increase in GwfP. Ifin the opinion of
the City, the delay affects a material part orthe Project, the City may exercise its rights under Article x.."\.'VI of
this Agreement or any other remedy available in law or equity.
10.3 Delav. If delays in the performance of Services or Work required under this Agreement are caused by
unforeseen events beyond the control of the Parties, such delay may entitle the D/B to a reasonable extension
of time or to additional compensation. Any such extension of time must be approved in writing by the City.
The following conditions may justify such a delay: war; changes in law or government regulation; labor
disputes; strikes; fires, floods, adverse weather or other similar condition of the elements necessitating
cessation of the DIB's work; inability to obtain materials, equipment, or labor; required additional Professional
Services; or other specific reasons agreed to between t9.e City and the D/B; provided, however, that: (i) this
provision shall not apply to, and the DIE shall not be entitled to an extension oftime, additional costs, or
expenses for, a delay caused by the acts or omissions of the 0/8, its consultants, contractors, employees, or
other agents; and (ii) a delay caused by the inability to obtain materials, equipment, or labor shall not entitle
the D/B to an extension of time unless the DIB furnishes the City, in a timely manner, documentary proof
satisfactory to City of the D/B's inability to obtain materials, equipment, or labor.
10J.l Caused by City. If D/B reasonably believes that any action, inaction, decision or direction by City or
agent for the City will likely result in the GMP or Contract Time being exceeded or the Project being
completed late, DIB 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 ofthe cost and time impact resulting from such action, inaction, decision or direction. DIB
shall provide complete and accurate pricing within ten (10) calendar days of said discovery.
10.4 Costs of DelavlLiauidated Dama2es. City and DIB recognize that time is of the essence in this Agr~ement
and that City will suffer financial loss if the Project is not completed by the Substantial Completion Date
identified in the Project Schedule or any extensions subsequently approved. As the exact amount of financial
. loss cannot be accurately forecasted, the Parties have used their best efforts to establish an estimate of such
loss. In doing so, the Parties have examined all of the circumstances and factors ,associated with a delay and
have determined an amount that is fair and reasonable as liquidated damages. City and DIE agree that DIE
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 underthe circumstances" as defined in California Civil Code 91671(b): $100 for each calendar
day. Liquidated Damages shall not be assessed after the date on which Substantial Completion is achieyed. In
lieu of paying damages to the City, the Parties agree that City may choose to reduce the GMP by the amount of
the liquidated damages.
ARTICLE XI. PROJECT COSTS
10.1 Estimated Cost The Estimated Cost of Project, according to the RFP is [INSERT \VR.ITTEN DOLLAR
AMOUNT (INSERT NUMERIC DOLLAR AlvlOl'NTII. The City's obligation under this Agreement shall not
exceed the Estimated Cost; however, once a GMP is determined and approved, the GwLP shall become the not
to exceed amount of the City's obligation. GMP is subject to change pursuant to methods established in this
Agreement.
10.1.1 Cost Schedule. The EMP has been allocated among each activity or portion of the Project ("Itemized
Cost(s)"). The Itemized Costs are included in Exhibit "[INSER1T, attached. The cost incurred by the
D/B for a specific activity or portion of the Project shall not exceed the associated Itemized Cost.
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10.2 GMP. At 90% complete construction documents, DIE shall establish a GMP and submit such GMP to the
City for approval.
10.2.1 Not to Exceed Amount. The GMP shall not exceed $[TNSERT NUMERlC.DOLLAR AMOUNT).
Any costs incurred by DIB in excess of said GrvfP shall be the sole responsibility of the DIB, unless a
Change Order is approved by the City pursuant to Article XII of this Agreement.
10.2.1.1 Included Costs. In calculating the GJ\.fP, DIB shall include costs of the following:
10.2.1.1.1 All Design Consultants, including but not limited to architectural, structural, civil,
mechanical, electrical, communications, graphics and art consult~ts, landscape
architects, and acoustical, audio visual, lighting, and security consultants.
10.2.1.1.2 Estimating, value engineering and construction management.
10.2.1.1.3 Construction supervision and project management personnel, including but not
limited to superintendents, Project managers, Project secretaries, Project engineers,
Project accountants, and all other DIB personnel wherever located.
10.2.1.1.4 All on-site and off-site equipment, supplies and facilities, including but not limited
to, computers, estimating, dictating, communication and accolUlting equipment,
office space, trailers, field equipment and storage facilities.
10.2.1.1.4.1 Option to Purchase. In no case shall the cumulative monthly rental
charges to the Project for equipment and Small Tools used by the D/B
exceed 90% of the fair market value of any one piece of equipment or
Small Tools. At City's option, the full price for equipment or Small
Tools may be paid, and City may take possession upon completion of
the Work.
10.2.1.1.5 All Hard Construction Costs.
10.2.1.1.6 DIE Contingency Fund, which shall not exceed 5% of Hard Construction Costs.
10.2.1.1.7 Reimbursable Costs. Example: Utility fees.
10.2.1.1.8 DIB Fixed Fee for the complete design and construction of the entire Project as
specified in the 90% CD's.
10.2.1.1.9 No more than $[INSERTNUMERIC DOLLAR AMOUNT). for Design Services
and General Conditions.
10.2.1.1.10 All home-office and field overhead costs of any type,including document control
and retention; .
10.2.1.1.11 All business license costs;
10.2.1.1.12 All profit D/B intends to earn under this Agreement.
10.2.1.1.13 All direct and incidental costs incurred by D/B, except for those specifically
identified under the General Conditions section. [WHERE DO \VE DEFINE
DIRECT OR INCIDENTAL COSTS?].
10.2.1. I.14 [Lc'lSERT OTHER???].
10.2.1.2 Full Compensation. Unless otherwise expressly provided in this Agreement, GMP shall be
the maximum amOlU1t of compensation to due to D/B for all permitted costs of any type
incurred by DIE in performing all services and obligations under this Agreement.
10.2.2 /Iemiza/ion. DIB shall provide City with an itemization of the GMP that reconciles the G:NlP with the
itemized costs. The itemization shall include the following:
10.2.1.1 DfB Fixed Fees. TI)c fees charged by the contractor for statl~ equipment. office space and
overhead during the term of the project.
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10.2.1.2 Hard Construction Costs. Hard Construction Costs broken down into categories for each of
the major trades for the Project, which will include labor, material expenses, equipment costs,
and a reasonable D/B Contingency Fund.
10.2.1.3 [What else?""].
10.2.3 A/lemale Bid Hems. D/B shall prepare, with the cooperation of the City, alternate bid items to assure
that the cost of the Project will not exceed the GMP.
10.2.4 A4/uslmenls 10 GAfF Based on Approved Change Orders. GrvIP may be changed, increased or
decreased, based on Change Orders approved pursuant to Article XII.
10.2.5 Acfius/menls Based on Other Cosllncreases. GNlP may be increased due to: (i) acts of God, acts of any
governmental authority, the elements, war, litigation, shortages of material, labor strikes, intlation,
later commonly accepted or adopted higher standards and specifications of construction, concealed or
unknown conditions encountered in the completion of the Project, or other cause beyond DIB's
control, (ii) actual bids received being greater than estimated, or (iii) other factors not the result of
unreasonable conduct by DIB. The G.MP may be increased by the amount of such increases; however,
if GMP as proposed to be increased shall exceed the Estimated Costs, such change to GrvIP shall be
subject to approval by City Council.
10.3 Dotv to Advance Costs. D/B shall advance all costs for Project subject to Reimbursement in the manner
described in Article XV.
IDA Use of Proiect Continl?encv. Project Contingency shall not be used without prior. written City approval and
shall not be used for: (i) work required due to DIB's, its officers', agents' or employees' failure to perfonn
Work or Services according to the tenns of this Agreement, in compliance with the Construction Documents,
and/or Law; or (ii) uninsured losses resulting from the negligence of D/B, its officers, agents, or employees.
10.5 Notification of Increased Costs. If, at <l?Y time, the DIB anticipates that the amount expended on the Project
will exceed the Estimated Cost or the GMP. when established, the D/B shall immediately, not more than ten
(10) Working Days from becoming ::l\vare of the potential increase. notify the City in writing. This written
notification shall include an itemized cost estimate and a list of recommended revisions that the DIB believes
will bring the Project cost to within the Estimated Cost or GMP. Following the delivery of the Notice, D/B
shall assist the City in reviewing the itemized cost breakdown and adjusting the Scope of Work and
establishing a revised Project, the cost of "Yhich will not exceed the Estimated Cost or GwfP, once establish.
10.5.1 City Aclion. Following consultation with the D/B, the City may choose to: (i) approve an increase in
the amount aU,thorized for the Project; (ii) delineate a project, which may be constructed for the budget
amount; (iii) any combination of (i) and (ii); or tenninate the Project subject to the tennination
provisions in Article XXVI.
ARTICLE XI. PRODUCTS
Il.l Submittals. Prior to the bidding process, DIB shall submit for City approval a list of products intended for use
in the Project. Upon D/B's completion of plans and specifications, City will review and approve products
specified therein. DIB shall provide City a copy of each submittal for City approval throughout the duration of
construction within twenty (20) Calendar Days of DIB's receipt of submittal. Approval is general approval only
and in no way relieves D/B of its sole responsibilities under this Agreement or any and all laws, codes, permits
or regulations.
11.2 Substitutions. DIB shall submit all requests for product substitutions to City in writing within thirty (30)
Calendar Days after the date of award of the construction contract. After expiration of the thirty (30) Calendar
Days, City will allow substitution only when a product becomes unavailable due to no fault ofDIE's
contractor. City shall review substitution requests within thirty (30) Calendar Days of submission of such
requests. D/B agrees that City requires Consultant's input and as such DIB shall coordinate a five (5) Working
Day review by its Consultant.
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11.2.1 Substantiate Request D/B shall include with each substitution request complete data substantiating
that the proposed substitution conforms to requirements of the Contract Documents.
11.2.2 D/B Representations. By submitting a substitution request, DIB-is representing to City all of the
following: (i) DIB has investigated proposed product and determined that in all respect the proposed
product meets or exceeds the specified product; (ii) D/B is providing the same warranty for the
proposed product as was available for the specified product; (iii) DIB shall coordinate installation and
make any other necessary modifications which may be required for work to be complete in all respects;
and (iv) DIB shall waive any claims for additional costs related to the substituted product, unless the
specified product is not commercially available.
11.2.3 Separate Ifritten Request. City wil! not consider either substitutions that are implied in the product
data submittal without a separate written request or substitutions that will require substantial revision
of construction contract documents.
11.3 Samnles.
11.3.1 Postage. Samples shall be sent to DfB's office, carriage prepaid.
11.3.2 RevieJ.-Y.. DIB shall furnish to City for review, prior to purchasing, fabricating, applying or installing,
(2) two samples (other than field samples) of each required material with the required finish.
11.3.2.1 Where applicable, all samples shall be 8" x 10" in size and shall be limited in thickness to a
minimum consistent with sample analysis. In lieu thereof, the actual full-size item shall be
submitted.
11.3.2.2 DIB shall assign a submittal number. D/B shall include with each submission a list of all
samples sent, a statement as to the usage of each sample and its location in the Project, the
name of the manufacturer, trade name, style, model, and any other necessary identifying
information.
11.3.2.3 AI! materials, finishes, a.I).d workmanship in the complete building shall be equal in every.
respect to that of the reviewed sample.
11.3.2.4 City will return one submitted sample upon completion of City review.
11.3.2.5 DIB's, or DIB's agent's, field samples shall be prepared at the site. Affected finish wqrk shall
not commence until DIB or its agents have been given a written review of the field samples.
11.3.3 Not a Release o/Liability. City's review of samples in no way relieves DIB ofDIB's responsibility for
construction of Project in full compliance with all Contract Documents.
11.4 Observe Testin!:!. When appropriate, D/B shall witness testing and review materials and equipment testing
results and provide comments regarding confOImance with specification requirements.
ARTICLE XII. CHANGE ORDERS
12.1 When Reauired. Change Orders shall be required in the following instances:
12.1.1 GAfP Any adjustment in GMP.
12.1.2 Contract nine. Any adjustment in Contract Time of Completion Date.
12.1.3 Use 0/ Contingenc.y Fund At any time DIB seeks to use the Contingency Fund, irrespective of impact
on the GMP or Contract Time.
12.1.4 City Requests. The City directs DIB to perform Additional Services.
12.1.5 Other. Any other instance for which this Agreement expresses that a Change Order shall be used.
12.2 Proce~s for Annroval of Chan~e Orders. Within five (5) Calendar Days of any event that gives rise to the
need for a Change Order, the DIB shall provide the City with written notice of the need for the same. The
Change Order must indicate whether the change will affect, in any way, by increasing or decreasing, the Gtvt:P,
Project Schedule, or project quality established during the design and submittal review process. In addition, it
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shall be accompanied by a detailed and complete estimate of cost impact associated with the Change Order,
including all appropriate direct and indirect costs and credits. All such costs and credits shall be accurately
categorized iot9 DIB Fixed Fee, Reimbursable Costs or H.ard Construction Costs. DIB shall also provide City
with a realistic estimate of the impact, if any, the Change Order will have on the Contract Time.
. 12.2.1 Prq!ecl k/anagerApproval. If the Change Order request does not result in an increase in the Estimated
Cost, the f[l\'SERT \VHO.l shall either approve or reject the Change Order in writing within ten (10)
Working Days ofreceiving DIE's written notice, provided DIB has submitted complete documentation
substantiating the need for such Change Order. IfCity fails to respond to D/B's written notice within
the ten (10) Working Days, the Change Order request shall be deemed denied.
12.2.2 City COUl1ct! Approval. For Change Orders not subject to section 12.2.1, City Council approval is
required. The City Council may either approve, reject, or approve in part such Change Orders.
Council Approval shall not be subject to the ten (10) Working Day response time provided for in
section 12.3.1.
12.3 \Vritten Aonroval of Chan!!e Orders. DIB shall not proceed on work requested under a Change Order,
absent written approval from the appropriate authority. Any Services or Work., which require t he approval of
a Change Order, perform by D/B prior to approval shall not be reimbursed.
12.4 Failure to Auree on Cost of Chanue Order or Time. In the event there is any disagreement or dispute
between the Parties as to whether the DIB is entitled to a Change Order, the amount of the Change Order or
any increase in Contract Time requested through the Change Order, the dispute shall be resolved by the
Director of Public Services. If the determination of the Director of Public Works is challenged, such challenge
shall be address in the manner identified in Section 29. I 7. DIB shall not have the right to stop or delay in the
prosecution of any services or work, including services or work that is the subject of the Change Order (if
directed by the City), pending the determination of the Director of Public Services or, if applicable, final
resolution. Instead, DIB shall continue diligently prosecuting all such services and work.
12.4 Full Comllensation. Payment to D/B for Change Orders shall provide full compensation for all equipment,
materials, labor, field and home office overhead, mark-ups, and profit necessary to complete the work. By
executing a Change Order, the DIB or D/B' s representative acknowledges that no additional compensation or
claims for items of work listed in the Change Order will be allowed.
12.5 Errors and Omissions. DIB shall not be reimbursed for any costs or expenses ofa Change Order resulting
from a design error or omission, OIB's negligence, or the negligence of any ofDIB's agents or subagents. DIB
shall be reimbursed for any costs or expenses of a Change Order resulting from a design error or omission that
is the direct result of a City request for such design or omission. The City reserves the right to seek
reimbursements for any funds used due to errors or omissions of the Design Consultants, D/B's negligence, or
the negligence of any of D/B's agents, or subcontractors.
12.6 City Refusal to AOllrove Chan!!e Order. DIB shall not have the right to terminate this Agreement for the
City's refusal to approve a Change Order pursuant to Sections 12.2.lor and 12.2.3
ARTICLE XIII. EXTRA WORK
13.1 Citv Authority to Order Extra \Vork. City may at any time prior to Project Completion order Extra Work
on the Project. The sum of all Extra Work ordered shall not exceed five percent (5%) of the Estimated Cost at
the time of the Bid Award, without invalidating this Agreement and without notice to any surety.
13.1.1 Requests In rVrilll1g. AH requests for Extra Work shall be in writing, shill be treated as, and are
subject to the same requirements as Change Orders. DIE shall not be responsible for failure to perform
Extra Work. which was requested in a manner inconsistent with this section.
13.2 Bonds Reauired for Extra Work. DIB's and its agents' bonds, required under Article XXXIII. shall cover
llilY Extra Work provided that the Extra Work is paid for by the Project Budget
13.3 Reimbursement for Extra ''''ork. Work performed by D/B as Extra Work is reimbursable in the same
manner described in Article XV. The Project contingency as described in Article X, will be used first to cover
the costs of Extra Work.
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13.4 MarkuD. DIB will be paid a reasonable allowance for overhead and profit for Extra Work. The allowance
shall not exceed five percent (5%) of the approved costs for the Extra Work.
ARTICLE XIV. CHANGED CONDITIONS
14.1 Chanued Conditions. Changed Conditions shall be addressed under the Greenbook section 3-4; however,
Parties acknowledge that even if Changed Conditions are found to be present, the Project shall oat exceed the
GMP without express City Council approval of an increase to the Project Budget. Absent such express
approval of additional funds, DIB shall provide City with value engineering and Parties will return Project to
within the total Project cost.
ARTICLE XV. PAYMENT TERMS
15.1 Pavrnent
15.1.1 FundsjOr Payment. D/B shall only be entitled to payment for Services and Work performed under this
Agreement from the funds appropriated for the Project.
15.1.3 frfa.:rimum Payment. D/B shall be entitled to payment in an amount not to exceed the G.rvtP or
subsequently approved increase in GMP. DIB is not entitled to paymeot for unapproved expenses,
unapproved increases in costs, or other increases caused by DIB negligence, omissions, or failure to
seek approval for additional or increased costs.
15.1.5 Application/or Payment. DIB shall submit to City a certiticate and application for payment on or
before the 5th day of each calendar month ("Payment.Application"). The Payment Application shall be
based upon the percentage of completion of the Schedule of Values plus any Reimburseable Costs, less
any payments previously made by the City. incurred or advanced for the Project for which D/B was
has not previously received payment. The Payment Application must include all relevant documents
in accordance with Section 15.1.6. If the City determines that all relevant documents have not been
submitted, City shall request that DIB provide additional documentation. D/B shall provide additional
documentation within ten (10) Working Days of request. City is not obligated to make payment to DIB
until City has received all relevant documentation to support Reimbursement Request After all
appropriate cost documentation has been received and City approves the Payment Application, City
shall make payment to DIB of all uncontested charges within sixty (60) Calendar Days of receipt of a
complete Payment Application.
15.1.5.1 Withholding. From each payment, ten percent (10%) will be deducted and retained by the
City, and the remainder will be paid in accordance with the terms and conditions of this
Agreement. No payment made to DIB or its sureties will constitute a waiver of any rights the
City has under this Agreement. This section is not intended to limit any rights the City may
have under the Performance or Payment Bond. In lieu of withholding retention under this
Agreement, at the election of DIB, City will deposit retention amounts into escrow and/or the
substitution of securities for money as provided in California Public Contract Code Section
22300.
15.1.5.2 Payment of Withholding. The City will pay the DIB for the amounts withheld forty-five (45)
Calendar Days from recordation of the Notice of Completion, providing that no Stop Notices
or Mechanic's Liens have been filed since the recordation of the Notice of Completion.
15.1.5.2.1 Where a Stop Notice or Mechanic's Lien has been filed following the recordation of
the Notice of Completion, the amount in controversy shall continue to be withheld
until a fully executed release of Stop Notice or Mechanic's Lien has been filed and
a conformed copy delivered to the City
I5.t.5.3 Contested Charges. In the event City contests any charges contained in the Payment
Application, the dispute shall be resolved in the manner identified in Section 21.6. DIB shall
not have the right to stop or delay in the prosecution or any Services of Work, pending the
determination of the Director of Public Services or, if applicable, final resolution. Instead
D/B shall continue to diligently prosecute all Work and Services. During the time of the
dispute, the City shall withhold the amount of the charge in question.
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15.1.5.3 Cutoff for Submission of Reimbursement Requests. DIB shall submit alJ. Reimbursement
Requests within six (6) months of the date on which Final Completion occurs and City
accepts the Project. Any Reimbursement Request submitted after the Cutoff Date shall not be
reviewed or included in. Reimbursable Cost.
15.1.6 VerificatIOn of Reimbursement Request. D/B shall supply documentation to support the
Reimbursement Request including, but not limited to, proof that all mechanic liens have been released.,
copies of invoices received and copies of cancelled checks, substitute checks, or image replacement
documents showing that payment has been made in connection with the Reimbursement Request in the
following manner:
IS 1.6.1 DIB shall submit t\vo (2) copies of a Reimbursement Request (cover letter, invoice, and
docwnentation) to the City.
15.1.6.2 After review and approval, the City shall prepare a memorandum to the Financing
Department that the invoice is appropriate to pay. The memorandwn shall indicate any costs
to be disallowed and the reason for the disallowance.
15.1.6.4 Prior to the approval of the Reimbursement Request, City has the right to verify whether or
not the materials and work for which reimbursement is being requested have been installed
and performed as represented in the Reimbursement Request.
15.1.8 Non-remzburstlble Costs. Except to the extent that City expressly asswnes the risk of loss under this
Agreement, City shall exclude from the amounts payable to DIB the fair value, as determined by City,
of property that is destroyed, lost, stolen, or damaged rendering it undeliverable or unusable for City.
In addition, DIB is not entitled to reimbursement for any cost or expenditure that has not been
approved by the City in the manner required by this Agreement or the City Charter and rules,
regulations, or laws promulgated there. under.
ARTICLE XVI. INSPECTION
16.1 Insoection Team. The Project shall be inspected by a team composed of, at a minimum, the following: i.)
representatives of the City, ii.) representative from D/B's Design Team, iii.) the Construction Manager, and
iv.Representative, (iii) D/B's Consultant(s), and (e) the D/B's construction superintendent [Inspection Team]
16.2 Inspection Stai!es. The Project shall be inspected by the Inspection Team at minimum during the following
stages: (i) when required by code, (ii.) as directed by th~ .. Spcciallnspc(;tions" provision, (iii) bi-v"l'ck1y.
16.3 Access. City, its consultants, subcontractors, independent testing laboratories as well as other governmental
agencies with jurisdictional interests will have access at reasonable times with the project managers approv:!l
for this observation, inspecting and testing. D/B shall provide them proper and safe conditions for such access
and advise them of DIE's safety procedures and programs so that they may comply.
16.4 Additional Insoections. 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.
16.5 Notice. DIE 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.
16.6 Costs ofJnsoection. Unless otherwise specified, the cost of inspection and testing will be borne by the City.
Any expenses associated with re-inspection shall be borne by DIB.
16.7 Concealin!! Work. Prior to concealing work:, D/B shall obtain approval of work from the City and as required
by all State Building Codes. City has the right to stop or suspend Work activities \vhich will conceal or cover
up DIE 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.
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16.8 Defective Work. In the event such inspections or tests reveal non-compliance with the requirements of the
Construction Documents or defective work, the provisions and process of Article XXI shall apply.
16.9 Not a \Vaiver of Obliuations. Neither observations by the City nor inspections. tests, or approvals by City or
others shall relieve DIB from DIB's obligations to perform the Work in accordance with the Construction
Documents. This approval is general approval only and in no way relieves DIB of its sole responsibilities under
this Agreement'or any and all laws, codes. permits or regulations.
XVII. PROJECT COMPLETION
17.1 Notice to Citv. When DIB determines that the Project is complete. DIB shall notify the City in writing of the
Projects status within seven (7) Calendar Days of the DIB's determination. The notice shall certify to City that
the Project has been completed in accordance with the Construction oocwnents, all applicable building codes
and regulations, all permits, licenses, and certificates of inspection, use and occupancy, and ordinances relating
to the Project.
17.2 Walk-Thro1H!h Inspection. A preliminary Walk-Through Inspection shall be conducted by City within ten
(10) Working Days following DIB's notice to City of completion ("Walk-Through Inspection"). The Walk-
Through Inspection will be conducted by the Inspection Team identified in Article XVI, Section 16.1.
17.2.1 Punch List. A Punch List, if necessary, shall be prepared by City during the Walk-Through Inspection.
The Punch List shall be presented to DIB by the RE within three (3) Working Days of the Walk-
Through Inspection. DIB shall correct the items listed on the Pllllch List within thirty (30) CaJendar
Days of receipt of the punch list and prior to the Final Inspection.
17.2.2 Fallure to .1dentfiY Items. As to any items not included on the Punch List or later discovered. nothing
in this section is intended to limit DIB's obligations under this Agreement and City will maintain all
remedies available under this Agreement and the law.
17.3 Eouinmcnt Demonstration. Prior to final inspection, DIB shall demonstrate to City the operation of each
system in the Project, and instruct City personnel in operation, adjustment and maintenance of equipment and
systems, using the operation and maintenance data.
17.3.1 Startup. The DIB shall supervise, manage. and coordinate all project startup and testing activities for
mechanical systems within the provisions of the project Contract Documents.
17.3.2 Reporting. The DIB shall report progress of project startup and testing to the City in a manner
consistent with the City's reporting system.
17.4 Final rnsoection. Provided DIB has corrected the Punch List items and notified the City of the correction
("Notice of Correction"). the Final Inspection for the Project shall be scheduled a...'1d conducted within ninety
(90) CaJendar Days of the Notice of Correction.
xvrr. PROJECT ACCEPTANCE AND FINAL COMPLETION
18.1 Acceotancc. Upon approval by the Inspection Team during the Final Inspection that Project improvements are
complete and that work required on the Punch List has been finished, City shall accept the Project
("Acceptance"). Upon Acceptance, olB shall do all of the following:
18.1.1 Notice qfComplettOlt. DIB shall execute and file a Notice of Completion with the County Recorder of
San Diego County and shall provide the RE with a conformed copy of the recorded Notice of
Completion.
18.1.2 Lien and ilIatenal Releases. D/B shall cause aJI contractors and subcontractors to provide lien and
material releases as to the Project and provide copies of such lien and material releases to the City or,
upon approval of City which shall not be unreasonably withheld. provide bonds in lieu of lien and
material releases in a form reasonably acceptable to City for all such work.
18.2 Final Comoletion. Final Completion of the Project shall be deemed to occur on the last date of the following
events: (i) recordation of the Notice of Completion with a conformed copy to City; (ii) submission of all
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documents required to be supplied by DIB to City pursuant to this Agreement, including As-Built Drawings,
warranties, and operating and maintenance manuals; or issuance of a final certificate of occupancy.
18.2.1 As-Buflls. City will evaluate the submitted As-Builts for accuracy and completeness and may return
comments. DIB shall meet with City until all issues are resolved. Upon issue resolution, in
accordance with disputed work procedures in Section 21.6, DIB shall submit a mylar set and three
(3) final blueline sets of As-Builts stamped by the architect/engineer of record as required by law.
18.2 No \Vaiver. DIB's obligation to perform and complete the work in accordance with the Contract Documents
shall be absolute. Neither recommendation of any progress payment or acceptance of work, nor any payment
by City to DIB under the Contract Documents, nor any use or occupancy of the Project or any part thereof by
City, nor any act of acceptance by City, nor any failure to do act, nor any review of a shop drawing or sample
submittal, will constitute an acceptance of work, which is not in accordance with the Contract Documents.
ARTICLE XIX. PROJECT DELIVERABLES
19.1 Proiect Deliverables. Prior to Acceptance, DIB shall deliver all of the following to the City in the format
required:
19.1.1 As-Buflls. D/B shall provide As-Builts in 3 sets of paper and electronic fonnar ( pdfl or CAD files on
CD disks.
19.1.1.1 As-BuUts shall show by dimension accurate to within one (1) inch, the centerline of each run
of conduits and circuits, piping, ducts, and other similar items as determined by City, both
concealed and visible. D/B shall clearly identify the item by accurate note such as "cast iron
drain," galvanized water, etc. DIB shall clearly show, by symbol or note, the vertical location
of the item ("under slab", "in ceiling", "exposed", etc.), and make all identification
sufficiently descriptive that it may be related reliably to the specification. DIB shall
thoroughly coordinate all changes on the As-Builts making adequate and proper entries on
each page of specifications and each sheet of drawings and other documents where entry is
required to properly show the change.
19.1.1.2 DfB shall include all of the following on the As-Builts:
19 1.10.2.IDepth of foundation in relation to finished first floor.
19.1.IO.2.2Horizontal and vertical locations of underground utilities and appurtenances, with
references to permanent surface improvements.
19 1.1 O.2.3Locations of internal utilities and appurtenances, wi~h references to visible and
accessible features of the structure.
19.1.10.2.4Field changes of dimensions and details.
19.1.10.2.5Changes authorized by approved proposal requests, construction Change Orders,
discussion with City that resulted in any changeldeviation from City's program,
specifications, approved plans, equipment or materials.
19. L 10.2.6Details not issued with original Construction Drawings, designlbuild plans
deferred approvals, etc.
19.1.10.2.7Upon completion of work, obtain signature of licensed surveyor or civil engineer
on the Project record set verifying layout information.
19.1.10.2.8Show locations of all utilities on-site with size, and type of pipe, if different than
specified, and invert elevations of pipe at major grade and alignment changes.
19.1.1O.2.9The title "PROJECT RECORD" in 3/8" letters.
. 19.1.10.3 DIB shall maintain a set of As-Builts at the Project site for reference. DIB shall ensure that
changes to the As-Builts are made within twenty-four (24) hours after obtaining information.
Changes shall be made with erasable colored pencil (not ink or indelible pencil), shall clearly
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describe the change by note (note in ink, colored pencil or rubber stamp) and by graphic line,
shall indicate the date of entry, shall circle the area or areas affccted and, in the event of
overlapping changes, use different colors for each change.
19.1 11 Operation and ltfaintenal1ce kfanuals. D/B shall submit all Operation and Maintenance manuals
prepared in the following manner:
19.1.11.1 In triplicate, bound in 8Y~ x II inch (216 x 279 rnm) three-ring size binders with durable
plastic covers prior to City's Final Inspection.
19.1 11.2 A separate volume for each system, including but not limited to, mechanical, electrical,
plumbing, rooting, irrigation, and any other system as detennined by City, with a table of
contents and index tabs in each volume as follows:
19.1.11.2.1 Part 1: Directory,.listing names, addresses, and telephone numbers of DIB's
subcontractors, agents, suppliers, manufacturers, and installers.
19.1 11.2.2Part 2: Operation and 1;laintenance Instructions, arranged by specification
division or system. For each specification division or system, provide names,
addresses and telephone numbers of DlB's agents, suppliers, manufacturers, and
installers. In addition, list the following: (i) appropriate design criteria; Oi) list of
equipment; (iii) parts list; (iv) operating instructions;(v) maintenance instructions,
equipment (vi) maintenance instructions, finishes; (vii) shop drawings and
product data; and (viii) warranties.
19.2 Owncrshio of Proiect Deliverables. Upon Final Completion or Termination, Project Dcliverables shall
become the property of the City. DIB and City mutually agree that the Contract documents for the Project
shaH not be used on any other work without the consent of each Party. Assemble and deliver to City upon
Final Completion all records, documents, warranties, bonds, guarantees, maintenancel service contracts, and
maintenance and operating manuals
ARTICLE XX. WARRANTIES
20.1 Warranties Reouired. DIB shall provide and require its agents to provide the warranties listed below. This
warranty requirement is not intended to exclude, and shall not exclude, other implicit or explicit warranties or
guarantees required or implied by law.
20.1.1 Matenals and Wor!..7nanship. DIB shall guarantee, and shall require its agents to guarantee, all work
on the Project against defective workmanship and materials furnished by D/B for a period of two (2)
years from the date of Project's Final Completion. D/B shall replace or repair any such defective work
in a manner satisfactory to City, after notice to do so from City, and within the time specified in the
notice. .
20.1.2 Nelli AIaterials and Equipment. DIB shall warrant and guarantee, and shall require its agents to
warrant and guarantee, to City that all materials and equipment incorporated into the Project are new
unless otherwise specified.
20.1.3 DeSign. ColtSlnlction, and Other Dejects. DIB shall warrant and guarantee, and shall require its agents
to warrant and guarantee to City that all work is' in accordance with the Plans and Specifications and is
not defective in any way in design, construction or otherwise.
20.2 Form and Content. Except manufacturer's standard printed warranties, all warranties shall be on DIB's and
D/B's agent's, material supplier's, installer's or manufacturer's own letterhead, addressed to City. All
warranties shall be submitted in the fonnat specified in this section, modified as approved by City to suit the
conditions pertaining to the warranty.
20.2.r DurableBinder. Obtain warranties, executed in triplicate by DIE, DIB's agents,'installers, and
manufacturers. Provide Table of Contents and assemble in binder with durable plastic cover.
20.2.2 Tableo.fContents. All warranties shall be listed and typewritten in the sequence of the Table of
Contents of the Project manual, with each item identified with the number and title of the specification
section in which specified, and the name of product or work item.
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20.2.3 index Tabs. Separate each warranty with index tab sheets keyed to the Table of Contents listing.
20.2.4 DetalZ Provide full information. using separate typewritten sheets, as necessary. List DIB's agents,
installer, and manufacturer, with name, address and telephone number of responsible principaL
20.2.5 Warranty Start Date. Except for items put into use with DIB's permission with date mutually agreed
upon in writing, leave date of beginning of time of warranty open until the date of Final Completion.
20.2.6 Signature and Notanzation. All warranties shall be signed and notarized. Signatures shall be required
from DIB' s construction contractor and where appropriate, the responsible subcontractor.
20.3 Term of Warranties. Unless otherwise specified or provided by law, warranties shall extend for a term of
two (2) year(s) from the date afFinal Completion. .
20.3.1 Plants, Trees, and Shrubs. Not withstanding above, all shrubs and ground cover shall have a ninety
(90) Calendar Day warranty period and trees shall have a one (1) year warranty period. All plant
warranties shall commence from the date of Final Completion.
20.4 Meetin~s. During the two (2) year warranty period described in Section 20.3, DIB shall meet, and shall
require its design Consultant. construction contractor. and key subcontractors to meet, with the City
representatives, on a monthly basis, ifrequested by City. This meeting shall be held to discuss and resolve any
problems that City discovers in design, construction, or furnishing, fixtures, and equipment of the Project
during the two (2) year warranty period.
20.5 \Varrantv Tnsoection. At 180 and 360 days following Final Completion, during the one-year general building
warranty period, D/B shall inspect each component of the Project, identify items requiring repair, and oversee
and complete such repairs. Findings of such inspections shall be reported to the City.
ARTICLE XXI. DEFECTIVE WORK
21.1 Correction, Removal. or Reolacement. If within the designated warranty period, or such additional period as
may be required by law or regulation, the .Project is discovered to contain Defective Work, the DIB shall
promptly and in accordance with the City's written instructions and within the reasonable time limits stated
therein, either correct the Defective Work, or if it has been rejected by City, remove it from the site and replace
it with non-defective and conforming work.
21.2 City's Ri2:ht to Correct. If circumstances warrant, including but not limited to an emergency or DIB's failure
to adhere to section 21.1, City may correct, remove, or replace the Defective Work. In such circumstances,
D/B shall not recover costs associated with the Defective Work and shalt reimburse the City for all City's
costs, whether direct or indirect, associated with the correction or removal and replacement.
21.3 Non-Reimbursable Costs. All costs incurred by D/B or DIB's agents to remedy.defects are non-reimbursable
costs. If the City has already reimbursed the DIB for the defective work, City is entitled to an appropriate
decrease in Reimbursable Costs, to withhold a setoff against the amount, or to make a claim against DIB's
bond if DIB has been paid in futl.
21.4 Extension of Warranty. When Defective Work:, or damage therefrom, has been corrected, removed, or
replaced during the warranty period, the two (2) year, or relevant warranty period, will be extended for an
additional two (2) years from the date of the satisfactory completion of the correction, removal, or replacement.
21.5 No Limitation on other Remedies. Exercise of the remedies for defects pursuant to this Article shall not limit
the remedies City may pursue under this Agreement or taw.
21.6 Disnutes. If DIB and City are unable to reach agreement on disputed work, City may direct DIB to proceed
with the work and compensate DIB for undisputed amounts. Payment of disputed amounts shall be as later
determined by the Director of Public Services. If this decision is constested, the claims procedure in 29.17
shall be followed. D/B shall maintain and keep all records relating to disputed work for a period of three (3)
years in accordance with Article XXVII.
ARTICLE XII. MAINTENAl'lCE OF LANDSCAPING & IRRIGATION WORK
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22.1 Maintenance Period. IfDIB is required to install or maintain landscaping and/or irrigation, DfB shall provide
a maintenance period which shall begin on the first day after all landscape and irrigation work on the Project is
complete, checked, approved by City, and City has given written approval to begin the maintenance period,
and shall continue thereafter for ninety (90) Calend3f Days or until Project Acceptance, whichever is longer.
22.2 Maintenance Area. D/B or D/B's Contractor shall maintain all involved areas of the Project.
22.3 Maintenance Reuuired. D/B or D/B's Contractor shall conduct regular planting maintenance operations
immediately after each plant is planted. Plants shall be kept in a healthy, growing condition and in a visually
pleasing appearance by watering, pruning, mowing, rolling. trimming, edging, fertilizing, restaking, pest and
disease controlling, spraying, weeding, cleaning up and any other necessary operation of maintenance.
Landscape areas shall be kept free of weeds, noxious grass and all other undesired vegetative growth and
debris. D/B or D/B's Contractor shaH replace all plants found to be dead or in an impaired condition within
fourteen (14) days. Maintenance shall also include the following: (i) Filling and replanting of any low areas
which may cause standing water: (ii) Adjusting ofsprinkler head height and watering pattern; (iii) Filling and
recompaction of eroded areas; (iv) Weekly removal of trash, litter, clippings and foreign debris; (v) Inspecting
plants at least twice per week; (vi) Protecting all planting area,> against traffic or other potential causes of
damage.
22.4 Landscaoe and Irrigation Insoection. At the conclusion of the maintenance period, City shall inspect the
landscaping and irrigation to determine the acceptability of the \vork, including maintenance. This inspection
shall be scheduled with two (2) weeks notice, a minimum of ninety (90) Calendar Days after the plant
maintenance period commencement or when the D/B or D/B's contractor notifies the City that they are ready
for the final inspection, whichever comes la~1:. The City will notify DIB of an deficiencies revealed by the
inspection before acceptance.
22.5 Extension of Maintenance Period. DIB shall extend completion of the maintenance period when, in City's
opinion, improper maintenance and/or possible poor or unhealthy condition of planted material is evident at the
termination of the scheduled maintenance period. D/B shall be responsible for additional maintenance of the
work until all of the \vork is completed and acceptable. Additional costs for failure to maintain landscaping
during the Maintenance Period are not Reimbursable Costs.
22.6 Reolacement. Plants found to be dead or not in a vigorous condition, or if root balls have been damaged,
within the installation, maintenance and guarantee periods, shall be replaced within fourteen (14) Working
Days of notification by City. D/B shall include, at DIB's or D/B's Contractor's expense. a timely written
diagnosis of plant health by a certified Arborist, should a dispute arise. Arborist's n;port shall indicate reason
for lack of vigor, potential remedies, if any, and estimate of time required to regain vigor and specified size.
22.6.1 Same Kind and Si:e. Plants used for replacement shall be same kind and size as specified and shall be
furnished: planted and fertilized as originaUy specified. Cost of all repair:work to existing
improvements damaged during replacements shall be borne by D/B and shall not be Reimbursable
Costs.
ARTICLE XXIII. BONDS
23 I Pavment Bond. D/B shall provide or require its Construction Contractor to provide City with a Payment
(material and labor) Bond in favor of City for one hundred percent (100%) of the Hard Construction Costs.
23.2 Performance Bond. D/B shall provide or require its Construction Contractor to provide City with a Faithful
Performance Bond in favor of the City for one hundred percent (100%) of the GrvIP.
23.3 Term. The Payment Bond shall remain in full force and effect at leaSt until the Project is accepted by the City
and all claims for materials and labor are paid, for a minimum of forty-five (45) Calendar Days after the filing
of the Notice of Completion, except as otherwise provided by law or regulation. The Performance Bond shall
remain in full force for thirty (30) Calendar Days following the filing date of the Notice of Completion and
Acceptance, at which time it will convert to a ten percent (10%) warranty bond, which shall remain in place
until the end of all warranty periods set forth in this Agreement.
234 Certificate of A1Jencv. All bonds signed by an agent must be accompanied by a certitied copy of such agent's
authority to act
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23.5 Licensim! and Ratino. The bonds shall be duly executed by responsible surety companies admitted to do
business in the State of California, licensed or authorized in the jurisdiction in which the project is located to
issue bonds for the limits required by this agreement, listed as approved by the United States Department of
Treasury Circular 570, and whose underwriting limitation is sufficient to issue bonds in the amount required by
this agreement and which also satisfy the requirements stated in Section 995.660 of the Code of Civil
Procedure, except as provided otherwise by laws or regulations, secured through an authorized agent with an
office in California, and have a minimum AM Best rating of"A-".
23.6 Form. All bonds shall be in the form prescribed by City Attorney.
23.6 Insolvencv or Bankruotcv. If the surety on any bond furnished by the Construction Contractor is declared
bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the
Project is located, D/B shall within seven (7) Calendar Days thereafter substitute or require the substitution of
another bond and surety, acceptable to the City.
ARTICLE )LXI. INDEMNITY & DUTY TO DEFEND
24.1 Indemnitv Defense and Hold Harmless - General Reauirement. Except for liability for Professional
Services covered under Section 24.2, D/B shall defend, indemnify, protect and hold harmless the City, its
elected and appointed officers and employees, from and against any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including \VTongful
death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct
of D/B, its officials, officers, employees, agents, and contractors, arising out of or in connection with the
performance of the Defined Services or this Agreement This indemnity provision does not include any
claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the
sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising
from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of
the City, its agents, officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the D/B, its employe.~s, agents or officers, or any third party.
24.2 Professional Services. For those professionals who are required to be licensed by the state (e.g. architects,
landscape architects, surveyors and engineers) ("Design Professionals"), Design Professionals shall defend,
indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from
any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or
equity, to property or persons, including wrongful dea~ 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, DlBs, and contractors arising out of or in connection with the performance of the
Design Professional's Services. Also covered is liability arising from, connected with, caused by, or claimed to
be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees
which may be in combination with the active or passive negligent acts or omissions of the Design Professional,
its employees, agents or officers, or any third party. The Design Professional's duty to indemnify, protect and
hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful
misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the
Design Professional's obligation and duties under this Agreement.
24.3 Indemnification for Liens and StOD Notices. The DIB shall keep the Project and Property free of-any
mechanic's liens and immediately secure the release of any stop notices. The D/B shall defend, indemnify,
protect, and hold harmless, the City, its agents, officers and employees from and against any and all liability,
claims, costs, and damages, including but not limited to, attorney fees, arising from or attributable to a failure
to pay claimants. DIB shall be responsible for payment of all persons entitled to assert liens and stop notices.
24.4 Indemnification for Hazardous Materials. OrB agrees to defend, indemnify, and hold harmless, the City, its
agents, officers and employees from and against any and all costs, damages, claims, and liabilities, including
reasonable attorney fees, foreseeable or unforeseeable, directly or indirectly, arising from or related to the
Hazardous Materials identified in the Phase I or Phase II Reports, if any, conducted pursuant to Article V.
DIB 's indemnity shall survive the close of escrow. Seller expressly preserves its rights against 'other parties
and does not release, or waive its rights to contribution against, any other party.
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24.5 Costs of Defense and Award. Included in the obligations in Sections 24. I through 24.4, above, is the DIB's
obligation to ddend, at DIB's own cost, expense and risk, any and all aforesaid suits, actions or other legal
proceedings of every kind that may be brought or instituted against the City, its directors, officials, officers,
employees, agents and/or volunteers. DIB shall pay and satisfy any judgment, award or decree that may be
rendered against City or its directors, officials, officers, employees. agents and/or volunteers, for any and all
legal expense and cost incurred by each of them in connection therewith.
24.6 Insurance Proceeds. DIB's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, its directors, officials, officers, employees, agents, and!or volunteers.
24.7 Enforcement Costs. DIB agrees to pay any and all costs City incurs enforcing the indemnity and defense
provisions set forth in this Article XXIV.
24.8 Survival. Consultant's obligations under this Article X.XIV shall survive the termination of this Agreement.
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ARTICLE XXV. INSURANCE
25.1 General. D/B shall not begin work under this Agreement until it has: (i) obtained, and upon the City's request
provided to the City, insurance certificates reflecting evidence of all insurance required in section 25.2; (ii)
obtained City approval of each company or companies; and (iii) confirmed that all policies contain the specific
provisions required by section 25.4.
25.2 Tv Des of Insurance. At all times during the term of this Agreement, D/B shall maintain insurance coverage as
follows:
25.2.1 Commercial Genera! Liablliiy. Contractor shall provide at its expense a policy or policies of
Commercial General Liability [CGL] Insurance written on an ISO Occurrence [onn CG 00 010798 or
an equivalent form providing coverage at least as broad and which shall cover liability arising from
premises and operations, XCD (explosions, underground, and collapse) independent contractors,
products/completed operations, personal injury and advertising injury, bodily injury, property damage,
and liability assumed under an insured's contract (including the tort liability of another assumed in a
business contract). There shall be no endorsement or modification of the CGL Insurance limiting the
scope of coverage for either "insured vs. insured" claims or contractual liability. Contractor shall
maintain the same or equivalent CGL Insurance as described herein for at least ten (10) years
following substantial completion of the work. All costs of defense shall be outside the policy limits.
The Policy shall provide for coverage in amounts not less than two million dollars ($2,000,000) per
occurrence for Bodily Injury, Personal Injury, or Property Damage. If Commercial General Liability
Insurance or other form with a general aggregate limit shall apply separately to this project/location,
the general aggregate limit shall be twice the required occurrence limit.
25.2.2 Commercial Automobile Liabtlily. For all ofD/B's automobiles used in conjunction with the Project
including owned, hired and non-owned automobiles, D/B shall keep in fun force and effect, a policy or
policies of Commercial Automobile Liability Insurance written on an ISO form CA 00 01 1290 or a
later version of this form or equiv.a1ent form providing coverage at least as broad in the amount of one
million dollars ($1.000,000) combined single limit per occurrence, covering bodily injury and property
damage for owned. non-owned and hired automobiles ["Any Auto"]. All costs of defense shall be
outside the policy.
25.2.3 Architects and Engineers Professional Liabtfity. For all of DIB's employees who are subjectto this
Agreement, DIB shall keep in full force and effect, or DIE shall require that its architectlengineer(s)
of record keep in full force and effect errors and omissions insurance providing coverage for
professional liability with a combined single limit of one million dollars ($1,000,000) per claim and
two million dollars ($2,000.000) annual aggregate. DrB shall ensure both that (i) this policy
retroactive date is on or before the date of commencement of the Project; and (ij) this policy has a
reporting period of three (3) years after the date of completion or termination of this Agreement. DIB
agrees that for the time period defined above. there will be no changes or endorsements to the policy
that increases the City's exposure to loss.
25.2.4 Excess LiabIlity. DIB shall provide Excess Liability lnsurance affording three million dollars
($3,000,000) [Generally Check with Risk) in excess of General Liability and Employer's Liability
limits afforded on primary policies. The coverage will be subject to the same terms, conditions, and
exclusions found in the primary policies.
25.2.5 Contractors PollutLon LiabLlity. If the D/B or its Contractors' Work includes cleanup, removal,
storage, or otherwise handling of hazardous or toxic chemicals, materials, substances, or any other
pollutants, Contractor shall provide at their expense Contractors Pollution Liability Insurance
appropriate to coVt':r such activities in an amount not less than $3.000,000 Combined Single Limit per
occurrence/aggregate for bodily injury, property damage and remediation.
25.2.5. I Claims made policies will include a five (5) year Extended Claims Discovery Period
applicable to this Agreement, if reasonably available.
25.2.5.2 The policy for this insurance shall include Contractual Liability coverage. Such policy shall
be endorsed to specifically provide for Work performed under the Agreement.
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25.2.5.3 The DIB or its Contractors of any tier shall furnish to the City a policy or Certificate of
Contractors Pollution Liability Insurance in which the City, its elected and appointed
officers, employees, and agents, and the D/B are named as additional insureds. The policy or
Certificate must plainly designate the name of the Project, name of the Disposal- Site, and
the permits secured for its disposal. This Certificate must be furnished to the City,
evidencing compliance with the outlined requirements, prior to the DIB or Contractor
beginning their Work on the Project. Any failure to furnish this policy or Certificate of
Insurance shall not relieve the D/B or Contractor from their obligations under this Section.
25.2.6 Ha:ardous Transporters Pollution liabzllly. lfthe DIB's or its contractors' Work includes
transportation of hazardous or toxic chemicals, materials, substances or any other pollutants the DIB
or its Contractor of any tier shall provide, at their expense, Transporters Pollution Liability Insurance
in an amount not less than $3,000,000 Combined Single Limit per occurrence/Aggregate for bodily
injury, propeny damage and remediation.
25.2.6.1 Claims Made policies will include a five (5) year Extended Claims Discovery Period
applicable to this Agreement, if reasonably available.
25.2.6.2 Such policy shall be endorsed to specifically provide coverage for Work perfonned under
this Agreement. The DIB or its contractors of any tier shall furnish the City with a policy or
Certificate of Hazardous Transporters Pollution Liability Insurance in which the City, its
elected and appointed officers and employees, and agents, the DIB, and any upper tiered
contractor are named additional insureds.
25.2.6.3 The policy or Certificate must plainly designate the name of the Project, name of the
DisposaI Site, and the permits secured for its disposal. This Certificate must be furnished to
the City, evidencing compliance with the outlined requirements, prior to the DIE or
Contractor beginning their Work on the Project. Any failure to furnish this policy or
Certificate of Insurance shall not relieve the DIB or Contractor from their obligations under
this Section.
25.2.7 fl0rker's CompensatiOn. For all ofDIB's employees who are subject to this Agreement and to the
extent required by the State of Cali fomi a, DIB shall keep in full force and effect, a Workers'
Compensation Insurance and Employers' Liability Insurance to protect DIB against all claims under
applicable state workers' compensation laws. The City, its elected officials, and employees will not be
responsible for any claims in law or equity occasioned by the failure of the DIB to comply with the
requirements of this section. That policy shall provide at least the starutory minimums of one miHion
($1,000,000) for Bodily Injury by Accident for each accident, one million dollars ($1,000,000) for
Bodily Injury by Disease each employee, and a one million dollars ($1,000,000) for Bodily Injury by
Disease policy limit. '
25.2.7. I Prior to the execution of the Agreement by the City, the D/B shall file tbe following signed
certification:
"I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for worker's compensation or to undertake self-
insurance, in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of the Contract."
25.2.8 Builder s Risk. To the extent commercially available. the City shall provide a policy of "all risk"
Builders Risk Insurance. DIE shall add City and its respective elected officials, officers, employees,
agents, and representatives to the policy as loss payees, to the extent such insurance is commercially
available. Coverage wilt be provided for the Replacement Cost of Materia Is, Equipment and Fixrures
destined to become a permanent part ofthe structure, and coverage will include Property in Transit and
Property in Offsite Storage. D/B shall also add its construction contractor, and the construction
contractor's subcontractors to the policy as additional named insureds or loss payees, to the extent their
interest may appear. The limit forthis policy shall be a minimum of$ [rNSERTJ (GrvtP dollar amount
to reflect project soft and hard costs). It shall be D/B's responsibility to bear the expense of any
deductible. The Builders Risk coverage shall expire at the time such insured property is occupied by
City, or a Notice of Completion is filed, whichever occurs first. Contractor and its Subcontractors will
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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.
25.3 RatinIY Reauirements. Except for State Compensation Insurance Fund, all insurance required by express
provision of this Agreement shall be carried only by responsible insurance companies that have been 2iven at
least an aA" or "A-" and "V" rating by A1vI BEST, that are authorized by the California Insurance -
Commissioner to do business in the State of California., and that have been approved by the City.
25.3.1 Non-Admif/ed earners. The City will accept insurance provided by non-admitted, "surplus lines"
carriers only if the carrier is authorized to do business in the State of California and is included on the
List of Eligible Surplus Lines Insurers [LESLI list] with a current AM BEST rating of no less than
AX
25.4 Endorsements Reauired. Each policy required under Article XXV, section 25.2 oftbis Agreement shall
expressly provide, and an endorsement shall be submitted to the City, that:
25.4.1 Additional Insureds. Except as to Architects and/or Engineers professional liability insurance and
Workers Compensation, the City of Chula Vista and its respective elected officials, officers,
employees, agent.s, and representatives shall be named as additional insureds.
25.4.1.1 Commercial General Liability. The policy or policies must be endorsed to include as an
Additional Insured the City of Chula Vista and its respective elected officials, officers,
employees, agents, and representatives. Liability Additional Insured Endorsement must be
provided on ISO form CG 2010 (1l/85) or equivalent, specifically, coverage afforded City
must be Primary and must not exclude Completed Operations. The coverage for Projects for
which the Engineer's Estimate is one milli~:m dollars (SI,OOO,OOO) or more shall include
liability arising out of: (i) Ongoing operations performed DIB or on DIB's behalf, (ii) DIB's
products, (iii) DIE's work, including but not limited to completed operations performed by
DIB or on DIB's behalf, or (iv) premises owned, leased, controlled, or used by D/B; the
coverage for Projects for which the Engineer's Estimate is less than one million dollars
($1,000,000) shall include liability arising out of: (i) Ongoing operations performed by D/B
or on D/B's behalf, (ii) D/B's products, work, including but not limited to completed
operations performed by DIB or on D/B's behalf, or (iii) premises owned, leased, controlled.
or used by you; Except that in connection with, collateral to, or affecting any construction
contract to which the provisions of subdivision (b) of Section 2782 of the California Civil
Code apply, these endorsements shall not provide any duty of indemnity coverage for the
active negligence of the City of Chula Vista and its respective elected officials, officers,
employees, agents, and representatives in any case where an agreement to indemnify the City
of Chula Vista and its respective elected officials, officers, employees, agents, and
representatives would be invalid under subdivision (b) of Section 2782 of the California
Civil Code. In any case where a claim or loss encompasses the negligence of the Insured and
the active negligence of the City of City of Chula Vista and its respective elected officials,
officers, employees, agents, and represent~tives that is not covered because of California
Insurance Code Section 11580.04, the insurer's obligation to the City of San Chula Vista and
its respective elected officials, officers, employees, agents, and representatives shall be
limited to obligations permitted by California Insurance Code Section 11580.04.
25.4.1.1 Commercial Automobile Liability Insurance. Unless the policy or policies of Commercial
Auto Liability Insurance are written on an ISO form CA 00 01 12 90 or a later version ofws
form or equivalent form providing coverage at least as broad, the policy or policies must be
endorsed to include as an Additional Insured the City of Chula Vista and its respective elected
officials, officers, employees, agents, and representatives, with respect to liability arising out
of automobiles owned. leased, hired or borrowed by or on behalf of the Contractor; Except
that in connection with, collateral to, or affecting any construction contract to which the
provisions of subdivision (b) of Section 2782 of the California Civil Code apply, this
endorsement shall not provide any duty of indemnity coverage for the active negligence of the
City ofChula Vista and its respective elected officials, officers, employees, agents, and
representatives in any case where an agreement to indemnify the City ofChula Vista and its
respective elected officials, officers, employees, agents, and representatives would be invalid
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under subdivision (b) of Section 2782 of the California Civil Code. [n any case where a claim
or loss encompasses the negligence of the Insured and the active negligence of the City of
Chula Vista and its respective elected officials, officers, employees, agents, and
representatives that is not covered because of California Insurance Code Section 11580,04,
the insurer's obligation to the City of Chula Vista and its respective elected officials, officers,
employees, agents, and representatives shall be limited to obligations permitted by California
Insurance Code Section 11580.04.
25.4.2 Primary and Non-Conlnbulory. The policies are primary and non-contributing to any insurance or
self-insurance that may be carried by the City ofChula Vista, its elected officials, officers, employees,
agents, and representatives with respect to operations, including the completed operations if
appropriate, of the Named Insured. Any insurance maintained by the City ofChula Vista and its
elected officials, officers, employees, agents, and representatives shall be in excess ofDIB's insurance
and shall not contribute to it.
25.4.3 WmwrofSubrogallOn. Consultant's insurer will provide a Waiver of Subrogation in favor of the City
for each required policy providing coverage for the term required by this Agreement.
25 4.4 Project General Aggregate L/iml. The CGL policy or policies must be endorsed to provide a
Designated Construction Project General Aggregate Limit that will apply only to the Work performed
under this Agreement. Claims payments not arising from the Work shall not reduce the Designated
Construction Project General Aggregate Limit. The Designated Construction Project General
Aggregate Limit shall be in addition to the aggregate limit provided for the products-completed
operations hazard.
25.4.5 Wrillen Nolice. Except as provided for under California law, the policies cannot be canceled, oon-
renewed or materially changed except after thirty (30) Calendar Days prior written notice by DIE 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.
25.4.3.1 The words "will endeavor" and "but failure to mail such notice shall impose no obligation or
liability of any kind upon the company, its agents, or representatives" shall be deleted from
all certificates.
25.4.6 Addiliona! Insurance. DIB may obtain additional insurance not required by this Agreement.
25.4.7 Frior to Starling IVor!c. Before performing any work, OIB shall provide the City with all Certificates
of lnsuf<mce accompanied by all endorsements.
25.5 Subcontrac.tors. 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 DIB as additional insureds under its policies.
25.6 ObliGation to Provide Documents. The D/B shall provide copies of documents including but not limited to
certificates of insurance and endorsements, and shall furnish renewal documentation prior to expiration of
insurance. Each required document shall be signed by the insurer or a person authorized by the insurer to bind
coverage on its behalf. The City reserves the right to require complete, certified copies of all insurance policies
required herein.
25.6.1 Cooperalion. The DIB and its Contractors shall cooperate fully with and provide any information or
records requested by the City or regarding all aspects of the insurance and project, including but not
limited to claims, audit, payroll, insurance records and safety. Delays in reporting information to the
City may result in delays in progress payments to the DIE.
25.7 Deductiblcs/Self Insured Retentions. All deductibles and self-insurance retentions on any policy shall be the
responsibility ofD/B. Oeductibles and self~insurance retentions shall be disclosed to and approved by the City
at the time the evidence of insurance is provided. At the option afthe 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 DIB shall provide a tinancial guarantee satisfactory to the City guaranteeing payment of
losses and related investigations, claim administration and defense expenses.
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25.8 Policv Chanoes. DIB shall not modify any policy or endorsement thereto which increases the City's exposure
to loss for the duration of this Agreement.
25.9 Reservation of Riohts. The City reserves the right, from time to time, to review the Contractor's insurance
coverage, limits, deductible and self-insured retentions to determine if they are acceptable to the City. The City
will reimburse the Contractor for the cost of the additional premium for any coverage requested by the City in
excess of that required by this Agreement without overhead, profit, or any other markup.
25.10 Not a Limitation of Other Obli2ations. Insurance provisions under this section shall not be construed to
limit the D/B"s obligations under this Agreement, including Indemnity.
25.11 Material Breach. Failure to maintain, renew, or provide evidence of renewal during the tenn of this
Agreement may be treated by the City as a material breach of contract.
ARTICLE JG(VI. TERMINATION/SUSPENSION OF WORK
26.1 Susoension of Work for Arch:leolo2ical and/or Paleontolooical Discoveries. Ifa discovery is made of an
archaeological or paleontological interest, DIB shall immediately cease operations in the area of the discovery
and shall not continue until ordered by City. When resumed, operations within the area of the discovery shall
be as directed by City.
26.1.1 Discoveries which may be encountered may include, but are not be limited to, dwelling sites, stone
implements or other artifacts, animal bones, human bones, fossils or any item with cultural
significance.
26.1.2 DIB shall be entitled to an extension of time and compensation in accordance with the provisions of
this Agreement.
26.2 Termination of Aoreement bv City for Cause. If, through any cause, D/B shall fail to fulfill in a timely and
proper manner DIB's obligations under this Agreement, or ifDIB shall violate any of the covenants,
conditions, agreements or stipulations oqhis Agreement, City shall have the right to terminate this Agreement
by giving written notice to DIB of such termination and specifying the effective date thereof at least five (5)
Calendar Days before the effective date of such termination.
26.3 Termination or Susoension for Convenience bv City. City may tenninate or suspend this Agreement at any
time and for any reason, by giving specific written notice to DIB of such termination or suspension and
specifying the effective date thereof, at least seven (7) Calendar Days before the effective date of such
suspension or termination. In the event of an emergency, advance notice shall not be required under this
provision.
26.4 Termination of Aoreement bv DIB. DIB may tenninate the Agreement upon ten (10) days written notice to
City, whenever either of the following occur:
26.4.1 Pro/eet Suspension. If the Project has been suspended under the provisions of Section 26.1 or 26.3, for
more than ninety (90) consecutive days through no fault or negligence of DIB, and notice to resume
Work or to terminate the Agreement has not been received from City within this time period; or,
26.4.2 Failure to Pay Amounts Due and Not in Dispute. If City fails to payDIB any monies due and not in
dispute in accordance with the terms of this Agreement within ninety (90) Calendar Days, plus the ten
(10) Calendar Days afforded the City to remedy the failure, after presentation to City by DIB ofa
request therefore.
26.5 DfB Action Reouired. Upon receipt of the Notice of Termination, DIB shall take any and all action that may
be necessary, or that the City Manager may direct, for the protection and preservation of the property related to
this Agreement that is in the possession of DIB and in which City has or may acquire an interest.
26.6 Possession, Ownershio. and Control of Documents, In the event that this Agreement is tenninated in
accordance with Sections 26.2 through 26.4, all finished or unfinished documents, data, studies, drawings,
maps, plans, specifications, reports and other materials prepared by DIB, or any of its agents, Design
Consultants or Subcontractors, shall, at the option of the City, become the sole and exclusive property of the
City.
o~
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26.7 Citv Ri!!ht to Comolete Project. In the event that the Agreement is terminated pursuant to this Article X.XVI,
City may take possession of the Project and may complete the Project by whatever method or means City may
select.
26.7.1 Excess Costs. In the event that the costs to complete the Project exceed the balance of funds, which
had the Project been completed in accordance with this Agreement would have been due, the D/B shall
be liable for and pay such excess costs to the City.
26.8 Payment to OrB Due to Termination. Upon termination, D/B shall be entitled to receive just and equitable
compensation for satisfactory Work completed. In no event shall such amount exceed the total dollar amollilt
authorized by City, reduced by the amount of payments previously made and any deductions permitted herein.
The fair and reasonable amount shall be determined in good faith by City considering the following:
26.8.1 The price for completed services accepted, including any retention, by City not previously paid.
26.8.2 The costs incurred in the performance of the Project terminated, induding 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 ofmaterials and the timecards for Work actually performed.
26.8.3 A portion of the DIB Fixed Fee (overhead and profit) based on the percentage of Work completed on
the Project; however, if D/B would have sustained a loss on the entire Agreement had it been
completed, City shall allow no profit under this section and shall reduce the amount payable to reflect
the indicated rate of loss.
26.8.4 D/B and Design Subcontractor services through the date oftennination based on actual time spent as
documented on timecards. Expenses shall be paid based on invoice and receipts provided by DIE.
26.8.5 Any amounts for Work or Services agreed to by the City Manager and DIB, but without duplication of
any amollilts agreed to above.
26.8.6 Reasonable demobilization costs, to the effective date of such termination.
26.8.7 If termination occurs during Phase L II, or III, D/B shall only be entitled to the Fees for Phases I, II, <!r
III, associated therewith, or the respective portion thereof.
26.9 Lost Profits. Under no circumstances will DIB be entitled to any consideration for lost profit or lost
opportunity costs.
26.10Deductions. The amount due DIE shall be reduced by amounts including the following:
26.10.1 Any claim that City has against DIB under this Agreement.
26.10.2 The agreed price for, or the proceeds of sale of, materials, supplies, or other things acquired by DIE or
sold under the provisions of this clause and not recovered by or credited to City
26.10.3 Damages caused by DIE's breach, including Excess Costs pursuant to Section 26.7.1.
26.10.4 Property Destroyed, Lost, Stolen or Damaged. Except to the extent that City expressly assumed the
risk of loss, the City Manager shall exclude from the amounts payable to DIB, 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.
26.11 Oisoutes. If DIB does not agree that the amount determined by the City Manager is fair and rea,>onable. DIB
shall within thirty (30) Calendar Days of receipt of payment, shall gives notice of such disagreement to City.
The dispute shall be resolved in the manner provide for in Section 21.6.
26.12 \Vaiver of Claims. In the event of termination under this Article XXVI, failure ofD/B to dispute amounts
paid in the manner and within the timeframe provided in Section 26.11 shall act as a waiver of any and all
claims for damages or compensation arising under this Agreement for any and all Work and Services
performed under this Agreement up to the effective date of Notice of Termination. D/B hereby expressly
acknowledges and agrees that such claims sha1l be waived as herein provided.
26.13Rio-hts of City Preserved. In the event that the Agreement has been terminated, the termination shall not
affect any rights or remedies of City against D/B then existing or which may thereafter accrue. Any retention
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or payment of moneys due DIB by City will not release DIB from liability. It is agreed that termination
hereafter will not in any way release, waiver, or abridge any rights the City has against DIB's performance
bond surety.
ARTICLE XVII. RECORDS Al'lD AUDITS
27.1 Record Svstem - Reim burseable Costs. DIE shall develop and maintain an accurate system for tracking all
Reimbursable Costs. Utilizing this system, DIB shall include with each month payment application an
itemization of all such Reimbursable Costs actually incurred by DIB, during the previous month. If requested
by the City, DIB shall provide all backup documentation supporting such Reimbursable Costs.
27.2 Record Svstem - Hard Construction Costs. DIB shall develop and maintain an accurate system for tracking
all Hard Construction Costs it incurs on the Project. Utilizing this system, DIB shall include with each
monthly application for payment an itemization of all Hard Construction Costs actually incurred by DIB during
the previous month.
27.3 Retention of Records. DIE, contractors, and subcontractors shall maintain data and records related to this
Agreement for a period of not less than three (3) years following receipt affinal payment under this Agreement
or three (3) years following fmal settlement associated with the termination of this Agreement pursuant to
Article XA"VI, above.
27.2 Audit of Records. At any time during normal business hours, during the term of the contract plus and record
retention period and as often as the City deems necessary; DIB and any or all Contractors or subcontractors
shall make available to the City for examination at reasonable locations within the City/County of San Diego
all of the data and records with respect to all matters covered by this Agreement. DIB and all contractors or
subcontractors will permit the City to make audits of all invoices, materials, payrolls, records of personnel, and
other data and media relating to all matters covered by this Agreement. If records are not made available within
the City/County of San Diego, then DfB shall pay all the City's travel related costs to audit the records
associated with this Agreement at the location where the records are maintained. Such costs will not be
Reimbursable Costs.
27.2.1 Costs. DIB and DfB's agents shall allow City to audit and examine books, records, documents, and any
and all evidence and accounting procedures and practices that City determines are necessary to
discover and verify an costs of whatever nature, which are claimed to have been incurred, anticipated
to be incurred, or for which a claim for additional compensation or for Extra Work have been
submitted under this Agreement.
ARTICLE )LXVIII. NOTICES
18.1 Writio(J. Any demand upon or notice required or permitted to be given by one Party to the other Party shall be
in writing.
28.2 Effective Date. Except in relation to Change Orders as provided for in section 28.4 or as otherwise provided
by law, any demand upon or notice required or permitted to be given by one Party to the other Party shall be
etTective: (i) on personal delivery, (ii) on the second business day after mailing by certified or registered U.S.
Mail, return receipt requested, (iii) on the succeeding business day after mailing by Express Mail or after
deposit with a private delivery service of general use (e.g., Federal Express) postage or fee prepaid as
appropriate, or (iv) upon successful transmission of facsimile.
28.3 Recioients. Except in relation to Change Orders, all demands or notices required or permitted to be given
shall be sent to all of the following:
28.3.1
28.3.2
28.3.3
28.4 Recinients of Chan(Je Orders,
28.4.1
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28.4.2
28.4.3
28.5 Chanae of Address(es). Notice of change of address shall be given in the manner set forth in this Article.
ARTICLE XXIX. MISCELLANEOUS PROVISIONS
29.1 Headino-s. All article headings are for convenience only and shall not affect the interpretation of this
Agreement.
29.2 Gender & Numher. Whenever the context requires, the use herein of 0) the neuter gender includes the
masculine and the feminine genders and (ii) thc"singular number includes the plural number.
29.3 Reference to ParaH3nhs. Each reference in this Agreement to a section refers, unless otherwise stated, to a
section in this Agret:ment.
29.4 Incomoration of Recit:lls. All recitals herein are incorporated into this Agreement and are made a part
hereof.
29.5 Covenants and Conditions. All provisions of this Agreement expressed as either covenants or conditions on
the part of the City or the Consultant, shall be deemed to be both covenants and conditions. .
29.6 [nte2ration. This Agreement and the Exhibits and references incorporated into this Agreement fully express
all understandings of the Parties concerning the matters covered in this Agreement. No change, alteration, or
modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their
officers, agents, or employees shall be valid unless made in the fonn of a written change agreed to in writing
by both Parties or an amendment to this Agreement agreed to by both Parties. All prior negotiations and
agreements are merged into this Agreement.
29.7 Severabilitv. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not
render any any other provision of this Agreement unenforceable, invalid, or illegal.
29.8 Draftin!! Ambiuuities. The Parties agree that they are aware that they have the right to be advised by
counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether
or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility
of each Party This Agreement shall not be construed in favor of or against either Party by reason of the
extent to which each Party participated in the drafting of the Agreement.
29.9 Conflicts Bctw('cn Terms. If an apparent conflict or inconsistency e:cists between the main body of this
Agreement llild the Exhibits, the main body of this Agreement shall control. If a conflict exists between an
applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule,
regulation, order, or code shall control. Varying degrees of stringency'among the main body of this
Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most
stringent requirement shall controL Each Party shall notify the other immediately upon the identification of
any apparent conflict or inconsistency concerning this Agreement.
29.10 Promot Performance. Time is of the ~ssence of each covenant and condition set forth in this Agreement.
29.11 Good Faith Performance. The parties shall cooperate with each other in good faith, and assist each other in
the performance of the provisions of this Agreement.
29.12 Further Assurances. City and DIB each agree to execute and deliver such addi~ional documents as may be
required to effectuate the purposes of this Agreement.
2913 Exhibits. Each of the following Exhibits is attached hereto and incorporated herein by this reference:
Exhibit A
Exhibit B
35
7-237
Exhibit C
Exhibit D
Exhibit E
Exhibit F -
29.14 Comoliance with Controllinu Law. The Consultant shall comply with all laws, ordinances, regulations, and
policiesof the federal, state, and local governments applicable to this Agreement, including California Labor
Code section 1720 as amended in 2000 relating to the payment of prevailing wages if stated in the RFP,
during the design and preconstruction phases ofa project, including inspection and land surveying work. In
addition, the Consultant shall comply immediately with all directives issued by the City or its authorized
representatives under authority of any laws, statutes, ordinances, rules, or regulations. The laws of the State of
California shall govern and control the terms and conditions of this Agreement.
29.15 Jurisdiction. Veoue. and Attornev Fees. The venue for any suit or proceeding concerning this Agreement,
the interpretation or application of any of its terms, or any related disputes shall be in the County of San
Diego, State of California The prevailing Party in any such suit or proceeding shall be entitled to a
reasonable award of attorney fees in addition to any other award made in such suit or proceeding.
29.16 Municinal Powers. Nothing contained in this Agreement shall be construed as a limitation upon the powers
of the City as a chartered city of the State of Cali fomi a
29.17 Administrative Claims Reouirements 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 fonh,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.
29.18 Third Party Relationshins. Nothing in this Agreement shall create a contractual relationship betvveen City
and any third party; however, the Parties understand and agree that City, to the extent permitted by law, is an
intended third party beneficiary of all DiB's contracts, purchase orders and other contracts between DIB and
third party services. DIB shall incorporate this provision into its contracts, supply agreements and pt+fchase
orders.
29.19 Non-Assh.mment. The DIB shall not assign the obligations lll1der this Agreement, whether by express
assignment or by sale of the company, nor any monies due or to become due, without the City's prior written
approval. Any assignment in violation of this paragraph shall constitute a Default and is grounds for
immediate termination of this Agreement, at the sole discretion of the City. In no event shall any putative
assignment create a contractual relationship bet\.veen the City and any putative assignee.
29.20 Successors in Interest. This Agreement and all rights and obligations created by this Agreeml;;:nt shall be in
force and effect whether or not any Parties to the Agreement have been succeeded by another entity, and all
rights and obligations created by this Agreement shall be vested and binding on any Party's successor in
interest.
29.21 Indeoendent Contractors. The DIB, any consultants. contractors, subcontractors, and any other individuals
employed by the DIB shall be independent contractors and not agents of the City Any provisions of this
Agreement that may appear to give the City any right to direct the DIB concerning the details of performing
the Services under this Agreement, or to exercise any control over such performance, shall mean only that the
DIB shall follow the direction of the City concerning the end results of the performance.
29.22 Aooroval. Where the consent or approval ofa party is required or necessary under this Agreement, the
consent or approval shall not be unreasonably withheld.
29.23 No Waiver. No failure of either the City or the Consultant to insist upon the strict performance by the other
of any covenant, term or condition of this Agreement,. nor any failure to exercise any right or remedy.
consequent upon a breach of any covenant, term, or condition of this Agreement. shall constitute a waiver of
any such breach of such covenant, term or condition. No waiver of any breach shall affect or alter this
36
7-238
Agreement, and each and every covenant, condition, and tenn hereof shall continue in full force and effect to
any existing or subsequent breach.
29.24 Si!!nin~ Authority. Thl.: representative for each Party signing on behalf ofa corporation, partnership, joint
venture or governmental entity hereby declares that authority has been obtained to sign on behalf of the
corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless
if it is later determined that such authority does not exist.
IN WITNESS WHEREOF, this Agreement the City of Chula Vista and [INSERT) have executed this Agreement
thereby indicating that they have n:ad and understood same, and indicate their full and complete consent to its terms.
This Agreement is dated
Agreement.
,2009 and this date shall constitute the effective date of this
[INSERT COMPANY]
By:
Its:
By:
THE CHULA VISTA,
A Municipal Corporation
Approved as to form and legality:
Dated
.2009.
BART MEISFELD, City Attorney
By:
Deputy City Attorney
37
7-239
EXHIBIT C..-
~~"""'-
W' (P' I' S'U- '-BM'I'T' 'T' "AL- S-'
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PROJECT NO. CVPW-001
TITLE: TO INSTALL ABOVE GROUND FUEL TANKS AT THE PUBLIC
WORKS YARD, 1800 MAXWELL ROAD IN THE CITY OF CHULA VISTA, CA
Attn: Nlr. Gordon Day
~~~
2~:-:
~~~
"""~~~
CITY OF
(HULA VISTA
Engineering Department
276 Fourth Avenue, Building 200
Chula Vista, CA 91910
Submitted by
WESTERN PUMP, INC.
petroleum & lubrication equipment specialists
3235 "F" Street
San Diego, CA 92102-3315
Phone: (619) 578-2181
Fax: (619) 487-0675
Submittal Date: Thursday, December 17, 2009
Website: www.westempump.com
E-mail: rvanrlal.westempump.com
Contractor Licenses
California (#673853)
Nevada (#0057569)
Arizona (#ROC200394)
7-240
City of Chula Vista Public Works
Install Aboveground Fuel Tanks at the Public Works Yard, 1800 Maxwell Road
\Vestern Pump Statement of Qualifications
TABLE of CONTENTS
. Letter of Interest
. Understanding the Project Development Process
. Summary of Qualifications
. Organizational Chart for Project Team
. Design Build fee Structure
. Resume (of Key DB Members)
. Client References for Similar Projects
. Schedule of Rates
. Project Estimate Cost
. Other related information
12/17/2009
7-241
Project No. CVPW-OOl
Understanding of Project Development Process
Understanding of Project Development Process
Western Pump will team-up with the engineering fIrm to review design, and discuss project
options to cover the needs of the City ofChula Vista
Western Pump and the engineering fIrm ("Team") will discuss "cost saving" options and "value
engineering" options
"Team" will prepare conceptual-design changes based on "value engineering"
"Team" will submit to the City ofChula Vista for approval of the conceptual design changes prior
to fmalizing .
"Team" will finalize and implement design changes into permit package
"Team" will update project to current Building and Fire Codes and re-stamp
Western Pump is committed to perform the services outlined in the RFP:
A. Project Control (All Phases)
B. Design Phase Services
C. Construction Phase Services
D. Operations and Startup Phase Services
~
12/17/2009
7-242
Project No. CVPW-OOI
Summary of Qualifications
Summary of Qualifications
Western Pump is a fully-integrated petroleum and lubrication systems firm in Southern California
specializing in the construction and servicing of fleet fueling facilities, aviation, retail service stations,
convenience stores, marinas, and vehicle maintenance facilities. Western Pump is prepared to perform the
services in the RFP. Western Pump is a distributor for most petroleum equipment lines.
\Vestern Pump has over 35 Service Technicians, !vlechanic status and higher, average more than 7 years
experience in their field. Western Pump has a provide track record in Above ground Fuel Tank installation
projects and is fully capable of performing the duties as required by this solicitation. Western Pump
operates in strict compliance with our Company Health and Environmental Safety Program, which meets,
and often exceeds all applicable federal, state, and local regulations (e.g., OSHA). A critical part to our
compliance with this program and our operational success as a total construction services contractor is the
training and certification of each employee. Western Pump regularly sends employees to technical, safety
training, and equipment certification classes and courses. The courses improve employee performance,
enhance safety, and comply with regulatory and manufacturer requirements. Western Pump provides'
maintenance and repair service for all major brands of petroleum and lubrication equipment. \Ve have a
fleet of 40 service trucks and offer 24/7 service to our customers. We use the Vericom system (apS vehicle
tracking system) to continuously monitor the location of all of our service vehicles. All Western Pump
compliance technicians are now certified by International Code Council (ICC) as Designated UST
Operators (DUSTO). All Western Pump service technicians are now certified by ICC as UST Service
Technicians. All key construction managers and superintendents are now certified by ICC for UST
Installation and Retrofitting.
Qualitv Assurance Program:
Western Pump is committed to providing a comprehensive Quality Assurance Program designed to ensure
each project meets or exceeds the performance objectives of the customer and the governing
safety/environmental regulations. We operafe in strict compliance with a Company Quality Assurance
program that is implemented using detailed operations procedures. The performance objectives and
operational standards for each project are integrated into site-specific operational procedures. .These
procedures are submitted for review as required or desired by each customer to ensure each ,project's
quality objectives are clearly defined and understood by all involved panies. Western Pump prepares and
presents a Daily Worksheets and logs for signature by an authorized customer representative to formally
ensure that we are meeting the project's performance objectives and conununicating our daily progress.
12/1712009
7-243
......
I
N
.j:o
.j:o
Derek Rethmeier
General Field
Superintendent
Construction Foremen
Construction Laborers
Western Pump, Inc.
DIB Project Team
Western Pump, Inc.
Project Manager
Engineering Firm
Mike Mizicko
Field Operations
Manager
MEMBER
~PEI~
i'EUMBlUIFMENTIN<,"
Dan Ristic
Project Manager
Electricians
Concrete
Subcontractor
Project No. CVPW-001
Client References for Similar Projects
Client References for Similar Proje<<:ts
1. Name, address and telephone number, fax number, and e-mail address of owner:
Carothers Construction
Mr. Scott Murphy
P.O. Box 687
Water Valley, MS 38965
Phone: (662) 473-2525
Fax: 662-473-4519
E-mail address:smurohv@carothersconstruction.com
Name of project:
Fueling and Lubrication Equipment Installation for Willcox Border Patrol Station
Location of project:
Willcox, Arizona
Brief description of the work involved:
Installation of two (2) 12,OOO-gallon Aboveground Storage Tanks, Fuel Dispensing System and Lubrication Equipment for
Willcox Border Patrol Station
Contract amount:
-$800k
2. Name, address an'd telephone number, fax number, and e-mail address of owner:
BE&K
Mr. Russell Brown
32355 Old Highway 80
Pine Valley, CA 91962
Phone: (619) 478-2346
Fax: (619) 478-1320
E-mail address:RBrownlalcfiordan.com
Name of project:
Fueling Equipment Installation for Campo Border Patrol Station
Location of project:
Campo, California
Brief description of the work involved:
Installation of two (2) 12,000-gallon Aboveground Storage Tanks and Fuel Dispensing System for Campo Border Patrol
Station
Contract amount:
$890k
3. Name, address and telephone number, fax number, and"e-mail address of owner:
Kinetics rvIechanical Systems, Inc.
Mr. Dave Hopper
6691 Brisa Street
Livermore, CA 94550
Phone: (510) 376-7792
Fax: (925) 245-6222
E-mail address:dhoDoeriq)kms-inc.com
12/17/2009
7-~45
Project No. CVPW-OOI
Client References for Similar Projects
Name of project:
20,000-gallon Underground Fuel Storage Tank Installation for Lodi Memorial Hospital
Location of project:
Lodi, CA
Brief description of the work involved:
20,000-gallon Underground Storage Tank Installation for Lodi Memorial Hospital
Contract amount:
$320k
4. Name, address and telephone number, fax number, and e-mail address of owner:
San Diego Unified School District
Ms. Debbie Beaver
4860 Ruffner Street
San Diego, CA 92111
Phone: (858) 496-8468
Fax: (858) 496-1953
Name of project:
Fueling System Upgrades for Transportation Department
Location of project:
San Diego County
Brief description of the work involved:
Upgraded Dispensers and Underground Piping for Transportation Department
Contract amount:
$1.2M
5',Name, address and telephone number, fax number, and e-mail address of owner:
bplARCO
NIr. Ron Rogers - Area Maintenance Manager
4 Centerpointe Drive
La Palma, CA 90623
Phone: (714) 709-3815
Fax: (949) 709-0498
E-mail address: RogersRa{a)bo.com
Name of project:
Enhanced Vapor Recovery Phase-II Upgrades at 60+ locations in Southern California
Location of project:
San Diego County
Brief description of the work involved:
Enhanced Vapor Recovery Phase-II Upgrades
Contract amount:
$1.8M
6. Name, address and telephone number, fax number, and e-mail address of owner:
Shaw Environmental
Mr. Richard Wong
1230 Columbia Street, Suite 1200
San Diego, CA 9210 I
1211712009
71246
Project No. CVPW-OOl
Client References for Similar Projects
Phone: (619) 446-4543
Fax: (619) 239-1238
E~mail address: richard.wong@,shawQJ1).com
Name of project:
Enhanced Vapor Recovery Phase-II Upgrades at three (3) locations
Location of project:
MCAS Miramar, Miramar Annex, and Marine Corps Recruit Depot
Brief description of the work involved:
Enhanced Vapor Recovery Phase-II Upgrades
Contract amount:
$953k
7. Name, address and telephone number, fax number, and e-mail address of owner:
Halbert Construction
rvlr. Michael Halbert, Jr.
330 S. Magnolia Ave., Soite 203
EI Cajon, CA 92020
Phone: (619) 593-3527
Fax: (619) 447-4192
E-mail address:mhalbertliVhalbertco.com
Name of project:
Marine Corps Base Mini-Mart Fueling System Installation
Location of project:
Twentynine Palms, California
Brief description of the work involved:
Installation of three (3) Underground Storage Tanks and Fueling Dispensing System
Contract amount:
$IAM
8. Name, address and telephone number, fax number, and e-mail address of owner:
SKS, Inc.
Mr. Newell Bowden
1730 W. Mission Road
Escondido, CA 92046
Phone: (858) 530-1193
Fa.x: (877) 757-3291
E-mail address:nbowdenliVsksoil.com
Name of project:
Enhanced Vapor Recovery Phase-II Upgrades at five (5) locations
Location of. project:
San Diego and Orange Counties
Brief description of the work involved:
Enhanced Vapor Recovery Phase-II Upgrades
Contract amount:
$300k
12/17/2009
7-247
Schedule of Rates
Laborer Hourly Rate: $85/hour
Technical/ Service Manager's Hourly Rate: $120/hour
Materials to be marked-up at cost plus 15% for additional work
12/17/2009
7-248
Project No. CVPW-OOl
Schedule of Rates
Project No. CVPW-OOI
Design Build Fee Structure
Design Build Fee Structure
a) Office Work (40 hours@SI02/hour)
b) Design Build (80 hours @ SI02/hour)
c) Field Work (10 site meetings@4 hours/meeting@SI26/hour)
SUB-TOTAL
S4,080.00
S8,160.00
S5.040.00
$17,280.00
d) Substantial Completion
Site Visit / As Builts / Final Record Mylars
Design / Drafting (0 hours @ SI 02/hour)
SUB-TOTAL
$ not applicable
$0.00
e) Permit Engineering
Fire / County Health I APCD (40 hours @ S102/hour)
Planning I Building / Engineering
Update Hl'vIMD Business Plan (12 hours@SI02/hour)
SUB-TOTAL
S4,080.00
Sby city
S1.224.00
$5,304.00
t) Rcimbursable Expenses (Estimate)
Printing
Shipping
Mileage
SUB-TOTAL
S720.00
S120.00
S480.00
SI,320.00
g) Post Occuoancv Review
Site Visit / Punch List I As Builts / Final Record Mylars
Design / Drafting (24 hours @ Sl 02/hour)
SUB-TOTAL
S2.448.00
$2,448.00
TOTAL
$26,352.00*
h) Compensation Schedule
Project will be invoiced rnonthfv and asflXed, not-la-exceed amount. Above design buildfee
structure is based on a 3-month permit schedule and a 3-month construction schedule.
*Above price excludes the construction cost. Project Estimate cost includes construction and
design/engineering costs. '
12/17/2009
7-249
Project No. CVPW-001
Project Estimate Cost
Project Estimate Cost
DESCRIPTION: Provide aboveground storage tank systems and fuel piping systems complete and ready for
operation. Fuel piping systems shall include aboveground piping, tank accessories, fuel dispensing and
pumping.
SCOPE of WORK (Submittals):
. Provide six (6) sets of Submittals for the Aboveground Fuel Storage Tank System including Shop
Drawings, Product Data, Test Reports, and Manufacturer's Instructions per specifications.
. Provide six (6) sets oflhe Operation and Maintenance Manuals per specifications.
SCOPE of WORK (Desi2nfBuild & Permits):
. Coordinate with the Engineering Firm for the DesignlBuild Work and Permitting.
. Schedule all required Regulatory Inspections for the Fuel System.
SCOPE of WORK (Demolition Work):
. Saw-cut and remove of existing concrete paving and asphalt paving to facilitate the installation of
the new Aboveground Storage Tanks and the Fuel Dispensers.
SCOPE of WORK (AboyeQround StoraQe Tanks):
. Form and pour-in-place new containment slab with curb (approximately 858-s.f.).
. Form and pour:in-place slab around containment slab (approximately 753-s.f.).
. Provide, deliver, offload, and set two (2) 12,000-gallon capacity Modem Welding Aboveground
Storage Tanks (AST's) for Gasoline and Diesel onto the new Concrete Tank Slab.
. Anchor the two (2) AST's to the new concrete tank slab with galvanized seismic restraints.
. Provide and install two (2) Tank Har~ware Packages (valves, gauges, vents, fittings, etc.).
. Provide and install two (2) Overfill Prevention Valves (set at 90%).
. Provide and install two (2) 20-gallon Ground Level Fill Boxes (GLF's) complete with Hand Pump,
Check Valve, and Quick Disconnect Fitting per specifications.
. Provide and install two (2) Visual Liquid Level Gauges.
. Provide and instalVwall-mount two (2) Submersible Turbines.
. Provide and install two (2) AST Identification Decal Kits.
. Provide and install thirty-eight (38) Guard Posts as needed for crash protection.
SCOPE of WORK (Vapor Recovery/Assist Svstem):
. Install one (1) Healy 9000 Mini-Jet Vacuum Source per manufacturer's reconunendations.
. Install one (1) Healy Vapor Recovery Monitoring (YR-l) System Console (indoors).
SCOPE of WORK (Fuel Dispensers):
. Install two (2) Double-Hose Unleaded Dispensers with Hose Retractors and Hanging Hardware
Assemblies (nozzles, hoses, breakaways, etc.).
. Install two (2) Double-Hose Diesel and one (I) Single-Hose Diesel Dispensers with Hose Retractors
and Hanging Hardware Assemblies (nozzles, hoses, breakaways, etc.).
. Install five (5) Emergency Shear Valves, and seven (7) Flexible Connectors.
. Install five (5) sets of Pump Decals and Signage per local regulatory requirements.
SCOPE of WORK (AboyeHound Pip;nQ Svstems):
. Install two (2) aboveground 3" SCH-40 Black Iron Steel Tank Fill Piping Systems from the GLF's
to the new AST's.
. Install one (I) aboveground 2" SCH-40 Black Iron Steel Piping System for Gasoline.
. Install one (1) aboveground 2" SCH-40Black Iron Steel Piping System for Diesel Fuel.
. Install one (I) aboveground 3/4" SCH-40 Black Iron Steel Piping System for Gasoline Phase-II
Yapor Recovery.
. Install Pipe Supports and Clanaps as required for stability.
12/1712009
7-250
Project No. CVPW-OOl
Project Estimate Cost
SCOPE o[WORK (Aboveground Pining Svstems - cominue{/):
. Install product identification labels and directional flow arrows on all aboveground piping.
. Prime and paint white all exposed steel piping after installation and assembly.
SCOPE o[WORK (Underground Pining Svstems):
. Provide and install one (1) Western Fiberglass Piping Transition Sump.
. Install one (I) underground 2" SCH-40 Black iron Steel Tank Piping System for Product in concrete
trench with cover from the Piping Transition Sump to the Diesel Dispensers.
. Install two (2) underground 2" SCH-40 Black Iron Steel Tank Piping Systems for Product and
Vapor in concrete trench from the Piping Transition Sump to the Ga~oline Dispensers
SCOPE of WORK (Fuel Svstem Electrical):
. Provide and install one (I) I" conduit (Tl & T2 turbine power and lights), one (I) I" conduit (AST #1
gauging and monitoring) and one (I) I" conduit (AST #1 gauging and monitoring) and one (1) I"
conduit (emergency shut-off switch) to the point-of-connection (per drawing E-I).
. Re-use five (5) existing 1-1/4" conduits at the point-of-connection (remove existing wiring and replace.
with new to the Tank Monitoring System in the building).
. Re-use power and data conduits and wire to install new dispensers.
. Hook-up all electrical per manufacturer's recommendations.
. Install two (2) Ground Wires (at the AST Fill Adapters), and five (5) Ground Wires (at the Fuel
Dispensers) and attach to an existing Earth Grounding Rod per regulatory requirements.
. Seal-off all required electrical conduits per regulatory requirements.
. Provide and install four (4) new area lights.
SCOPE of WORK (Testing):
. Pressure and Soap Test all Fuel and Vapor Piping Systems in the presence of a Fire Inspector and
Contracting Officer per plans and specifications.
. Provide Leak Testing Certificates of Approval for all Piping Systems.
. Perform Tightness Tests on the two (2) Aboveground Fuel Storage Tanks in accordance with
manufacturer's instructions and NFPA 30.
. Conduct a Low Liquid Level Pump Shutoff Test, an Overfill Flow Limiter Test, and a System Leak
Test per specifications.
. Provide Performance Test Reports per specifications.
SCOPE of WORK (Start-un & Training):
. Coordinate Fuel Delivery with owner.
. Start-up Equipment, bleed all product lines and test equipment for proper operation.
. Calibrate and Seal five (5) Flow Meters (3 x Diesel, 2 x Gasoline) per regulatory requirements.
. Provide up to four (4) hours of on-site employee training on Aboveground Storage Tank use and
safe operating procedures.
Our Project Estimate Cost is: $338,810.00
NOTES:
1. Above price includes Prevailing Wage Rates for Labor.
2. Above price excludes providing or delivering any/all Gasoline or Diesel Fuel into the AST.
3. Lead time: 10-12 weeks upon receipt of approved Submittals.
4. Terms: per contract
12/17/2009
7-251
ATTACHJVIENTS
7-252
ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDfYYYY)
., 12/17 /2009
PRODUCER (619)783-5797 FAX (619) 574-6233 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Carmen Scoppettuolo ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
lOA Insurance Services, Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
1775 Hancock Street, Ste. 130
San Diego, CA 92110 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Endurance American Specialty Ins$rance Co.
Western Pump, Inc. INSURER B: Peerless Insurance Company
3235 F Street INSURER c. Cypress Insurance Company
San Diego, CA 92102 INSURER 0"
INSliRER E.
COVERAGES
THE POLlCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTiNlTHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH n.ns CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR rJs~E TYPE OF INSURANCE POLICY NUMBER Pgk~~YI~~6g~E pg~$;f,~r~~~N LIMITS
CTR
GENERAL LIABILITY ECClOI006503 00 04/01/2009 04/01/2010 EACH OCCURRENCE , 3,000,000
X COMMERCIAL GENERAL LIABILITY ~~~~~!9 RENTED , 50,000
....:....:.... ::J _ CLAIMS MADE 0 OCCUR MED EX? (Anyone person) , 5,000
A )( $10,000 Deductible PERSONAL & ;J.J)V INJURY $ 3,000,000
GENERAL AGGREGATE $ 4,000,000
GEN'L AGGREGATE LIMIT A?PLlES PER: PRODL:CTS - COMP/OP AGG , 4,000,000
~ POLlcy-rxi j~gT n LOC
AUTOMOBilE LIABILITY BA3401546 04/01/2009 04/01/2010 COMBINED SINGLE LIMIT
-;:;- $
X f\J'-IY AUTO (Eaaccldent] 1,000,000
-
ALL OWNED A.LJTOS BODilY INJURY
-- (Per person) ,
SCHEDULED ALITOS
B -
HIRED AUTOS BOOIL Y INJURY
- (Per accident) $
NON-OWNED AUTOS
Y COMPREHENSIVE $500 PROPERTY DAMAGE
X COLLISION $500 fPeraccidenll $
~~GE LIABILITY AUTO ONLY - EA ACCICENT $
ANY AUTO OTI-tER THAN EAACC ,
AUTO ONLY AGG .
EXCESS/UMBRELLA LIABILITY EXS10I006504 00 04/01/2009 04/01/2010 EACH OCCURRENCE , 2,000,000
~ OCCUR 0 CLAIIVtS MADE INC WDES US L&H AGGREC-.ATE $ 2,000,000
A .
~ ~EDUCTIBlE ,
RETENTION $ C $
WORKERS COMPENSATION AND 3300050757-091 04/01/2009 04/01/2010 X I ~~l~~Dt~ I IOJt
EMPI.OYERS'lIABILITY E.L. EACH ACCIDENT . 1,000,000
C ANY PROPRIETORIPARTNERJEXECUTIVE
OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $ 1,000,000
IfY8s.descnbeunder E.L. DISEASE - POlleY LIMIT , 1,000,000
SPECiAl PROVISIONS below
rO}HER ECClOI006503 00 04/01/2009 04/01/2010 $1,000,000/$2,000,000
~ontractors Pollution
A jprofesSional Liability ECClOI006503-00 04/01/2009 04/01/2010 $1,000,000/$2,000,000
PL Retro Oate 5/10/04
r.o..;ESCRIPTlON OF OPERATIONS I LOCAT10NS /VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVlSIONS of the Named Insured per the
~ity of Chula Vista is named as Additional Insured per all operations
~ttached endorsement,
~10 Days Notice for Non-Payment of Premium
CERTIFICA n' HOLDER CANCEl LA TION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAil
City of Chula Vista -:: 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE L.EFT,
Public Works & Engineering Department BUT FAILURE TO MAlI. SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
276 4th Avenue OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES,
Chula Vista, CA 91900 AUTHORIZED REPRESENTATIVE (<f.~ "/'1)::---,
Carmen Scoppettuolo/KIRKSD _:..->'''1":-
""
ACORD 25 (2001/08)
@ACORDCORPORATION 1988
7-253
iMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subjectto the terms and conditions of the policy, certain poiicies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)
7-254
ADDITIONAL INSURED - DESIGNATED PERSON OR
ORGANIZATION
This endor,;ement. effective 4/01/09 attaches to and forms a part of Policy Number ECC1 01 06503-00
This endorsement changes the Policy. Please read II carefully.
In consideration of an additional premium of UQ~, this endorsement modiiies insurance
provided under the following:
COMMER.CIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person Dr Organization:
Any person(s) or organization(s) whom the Named Insured agrees, in a wriiten contract, to
name as additional insured However, this status exists onfy for the project specified in that
contract.
(If no entry appears above, information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement)
WHO IS AN INSURED (Section II) is amended to include as an Insured the person or
organization shown in the Schedule as an insured but only with respect to Iiabilily arising out of
your operations or premises owned by or rented to you.
CG20261185
Copytfght Insurance Sesvlces Otnce. Jne, 1984
7-255
::ifate lJt Galifo.rnra . "
I CA~~ONTRActOR~STATE LICENSE !'NARD ~
I t{:;~~~ AGTIVE LICENSE \~}
,~~..~ ""'~....
"",'~'"' 673853
O;~.~_ WESTERN PUMP [NO
~=,....,...~Ia\(of C61/P4Q- HAl A
"''''''".''.'' 07i31/20 11
7-256
,'" CORP
.......
~~
CERTIFICATE OF STATGS
I hereby certify Lhat this document was issued by
Government entity stated on the document
~. - -~~.'\i
DEANNA TOM
t. ccmmloalon Q 1764576
s NOlclY PUI:lIIC - California ~
a S<:n .,anol,ca CounlV j
l ~ ~ ~ ~e.r;:~1~,~1_:
'Ss/?-
State of California
Secretary of State
ENTITY NAME:
WESTERN PGMP, INC.
FILE NUMBER:
FORMATION DATE:
TYPE:
JURISDICTION:
STATUS:
C1556838
08/30/1988
DOMESTIC CORPORATION
CALIFORNIA
ACTIVE (GOOD STANDING)
I. DEBRA BOWEN, Secretary of State of the State of California.
hereby certify:
The records of this office indicate the entity is authorized to exercise
all of its powers, rights and privileges in the State of California.
No information is available from this office regarding the financial
condition, business activities or practices of the entity.
IN WITNESS WHEREOF, I execute this certificate
and affix the Great Seal of the State of
California this day of April 07, 2009.
b~~~
DEBRA BOWEN
Secretary of State
NP-25 (REV 1/2Q07)
7-257
TSB
S asp 06 99731
BidSync: The State of California: WESTERN PillvlP, INC.
Page I of 1
{}4v
Deparlment -of
General Services
au 110 IN G GREEN - B.U1Yl~IG GRHN . WORXJ~lG GREEN
WESTERN PUMP, INC. - #33547
SUPPLIER PROFILE
Legal Business Name
Doing Business As
Address
Keywords
WESTERN PUMP, INC.
WESTERN PUMP, INC.
3235 F ST
SAN DIEGO, CA 92102-3315
den n isr(cilwestern Duma, com
htto:/lwww.westernDumD.com
Construction
Service
Imperial County, Los Angeles County, Orange County, Riverside County, Sacramento County, San
Bernardino County, San Diego County, Ventura County,
SERVICE STATION CONSTRUCTION, SERVICE, MAINTENANCE INCLUDING TANKS, PUMPS, LIFTS,
RETAIL AND COMMERCIAL FUELING ANO VEHICLE MAINTENANCE FACILITIES. GENERAL ENGINEERING
LIMITED SPECIALTY HAZARDOUS SUBSTANCE REMOVAL.
Phone
(619) 239-9988
(619) 239-9925
FAX
Email
Web Page
Business Types
Service Areas
Construction License Types A - General Engineering
C-61 - Umited SpeCialty
0-40 - Service Station Maintenance and Repair
HAZ - Hazardous Substance Removal Certification
Classifications 201433 - Pipeline service equipment
241016 - Lifting equipment and accessories
251724 - Fuel tanks and systems
271217 - HydrauliC hose and tube fittings
401420 - Hoses
401421 - Pipe
401515 - Pumps
401516 - Compressors
721213 - Automotive garage and service station construction services
721533 - Service station equipment installation services
721540 - Specialty building and trades services
Active Certifications
TYPE
SB
STATUS
Approved
FROM
Oct 29, 2009
TO
Oct 31, 2010
Certification History
TYPE STATUS
SB Expired
SB Expired
SB Expired
DVBE Denied
SB Expired
FROM
Nov 26, 2008
Apr 30, 2007
May 13, 2004
Jun 30, 2003
Jun 26, 2003
TO
Nov 30, 2009
Apr 30, 2008
Apr 30, 2007
Jun 30, 2003
May 31, 2004
7-258
http://www.bidsync.com/D PXBisCASB?ac=suppl ierprofile&supplieroid=900052
10/29/2009
WESTERN PUMP, INC.
Technical Tracking and Reporting Capabilities
The management systems, which are in place as a consequence of being in the business for 21 years, include human as
well as software, support systems, and standard operating procedures. On the human side, we have decades of man-
years of experience at the management as we]] as technical level. The software used at Western Pump is MAS 90
accounting software, a fully integrated modular system which includes GL, AP, AR, Sales Order, PO, Invoice, Payroll
(ADP-Automatic Data Processing), Joh Costing, Inventory, Bank Reconciliation, etc. OnBase Software (paperless
system) is also used in the Accounting Department. The IT system consists of seven Windows XP Professional servers
with 2 large UPS hackups and daily backup of data using a Dell Power Vault 110. We have 29 Windows XP
Professional network work station with Pentium 4 or better at San Diego and another five in India connected to San
Diego via either Terminal Server or VPN. Customers have the ability to access their documentation through our web
site by logging on to the FTP Server (with password) and have read-only rights to the documents in their specific
directory. The company utilizes a high speed T-I line for voice, data, and internet communications. In addition, the
company utilizes Windows Microsoft Office and ACT! Premium Contact software. Microsoft Project and AutoCAD are
also utilized to provide excellent service to our customers. We use the Vericom system to track our fleets' movements
to ensure that our employees are meeting productivity goals and fulfilling the needs of our respective customers.
Automated Service is used to track and schedule annual maintenance services for our customers. Moreover ACT!
Premium and Outlook are used to track and schedule inspections and maintenance and log/report activity for aUf
customers. The major performance objective is to complete the projects per specification, on time, and of excellent
quality and workmanship. Additionally, Western Pump subscribes to all Petroleum Equipment Institute "Recommended
Practices" for installing tanks, piping, sumps, and electrical systems as well as PEl "Safe Practices" for fueling
equipment installation. Our web site address is www.westernoumo.comandour e-mail isinfo@westemouIDo.com
7-259
Completed Projects - 2009
Project: Chula Vista Fire Station No.2
Description: EVR Phase II Upgrade and Dispenser Repair
Project: Lodi Memorial Hospital
Description: Install UST and piping for Generator
Project: Rincon Band ofIndians
Description: AST Install
Project: San Diego MTS
Description: Tank Conversion and Dispenser Replacement
Project: NaLF Navy Annex
Description: Re-pipe Gasoline Dispensing Facility
Project: Chuckawalla State Prison
Description: Tank Conversion and Dispenser Replacement
Project: Barstow Marine Cops Base
Description: EVR Phase II Upgrade
Project: Granite Construction
Description: Tank Removal
Project: ARea - Mira Mesa
Description: EVR Phase II Upgrade
Project: Poway Unified School District
Description: EVR Phase II Upgrade
Project: Midway Frontier
Description: Tank Removal
Project: ARCa - Mission Gorge
Description: EVR Phase II Upgrade
Project: San Dieguito High School District
Description: EVR Phase II Upgrade
Project: Palm Desert 76
Description: EVR Phase II Upgrade
Project: Coachella Valley Water District (2 locations)
Description: EVR Phase II Upgrade
12/17/2009
7-260
Project No. CVPW-OOl
Completed Projects - 2009
Project No. CVPW-OOl
Completed Projects - 2009
Project: ARCa - Carmel Valley
Description: EVR Phase II Upgrade and Re-pipe
Project: ARCa - Lake Jennings
Description: EVR Phase II Upgrade and Re-pipe
Completed Projects Value (2009) = $5,900,000
Western Pump, Inc. does not have any projects that are involved in litigation or
unresolved claims for the contract.
12/17/2009
7-261
Project:
Description:
Contract:
Status:
Project:
Description:
Contract:
Status:
Project:
Description:
Contract:
StatJIs:
Project:
Description:
Contract:
Status:
Project:
Description:
Contract:
Status:
Project:
Description:
Contract:
Status:
Project:
Description:
Contract:
Status:
Project:
Description:
Contract:
Status:
Project:
Description:
Contract:
Status:
12/17/2009
Project No. CVPW-OOl
Current Projects - 2009
Current Projects - 2009
Marina Del Rey
Fuel Dock Install
$720,000
Ongoing
29 Palms - Halbert Construction
Ground Up Fuel Station (Three (3) 20,000-gallon UST's)
$1,280,000
Ongoing
CalTrans Corona
E85 AST/Dispenser Install
$105,000
Ongoing
Carn's Short Stop
EVR Phase II Upgrade
$60,000
Ongoing
Sea 'N Air Golf Course
ASTlDispenser Install
$63,000
Ongoing
Carnp Pendleton
VMF Equipment Install
$150,000
Ongoing
JFK Memorial Hospital
Underground Re-pipe Project
$180,000
Ongoing
Arena Fuels
EVR Phase II Upgrade
$70,000
Ongoing
AT&T Vehicle Lifts
Installation of New Vehicle Lifts (multiple locations)
$50,000
Ongoing
7-262
WESTERN PUMP, INC.
FINANCUQ STATEMENTS AND
ACCOUNTANT'S REVIEW REPORT
YEARS ENDED
DECEMBER 31, 2008 AND 2007
7-263
WESTERN PUMP, INC.
Years Ended December 31, 2008 and 2007
CONTENTS
Accountant's Review Report ........................................................................................................... I
FINANCIAL STATEIVIENTS
Balance Sheets........... ................. ....... ....................................... ....................................................... 2
Statements of Operations .... ....... ........................ ........ ................. .... ......... ......... ......................... ......3
Statements of Retained Earnings............................... ....... .................. ........... .................... ..............4
Statements orCash Flows ............... ..... ... ..................... ........ .......... .................. ...............................5
Notes to Financial Statements .................................................................................................... 6-15
SUPPLElVIENTAL INFORMATION
Schedule I - Schedule ofWork-in-Process ...................................................................................17
Schedule II - Schedules of Cost of Revenues ...............................................................................18
Schedule III - Schedules of Selling, General and Administrative Expenses .................................19
7-264
GATTO, POPE & WALWICK, LLP
CERTIFIED PUBLIC ACCOUNTANTS
CONSULTANTS TO BUSINESS
DA.'ITEL1. GATIO, CPA
CHARLES R. flOPE, CPA
KIRKA. WALW1CK,.CPA
THOMAS J. MCFADDEN, CPA
MARKe. aunER, CPA
550 WEST "C" STREET, SurrE 1700
SAN DIEGO, CALIFORNIA 92101-3568
(619) 282-7366
(619) 282-7707 FAX
STACEY L. NAKAHARA, CPA
GREGOR.Y D. SALLEE, CPA
WILLIAM F. SHErliDAN, CI"A
BRIAN J, FRANCZAK, CPA
aREID L. GASTINEAU, CPA
lACK It PETRALIA, erA
KERI L. WILLIAMS, CPA
YUKO HORJ, CPA
LYNN M. GOODRIDGE, CPA
ANDREW GOODMA.'\i, erA
EDRIS S. SHAH, Ct' A
CYNTHIA E. MUSSell., CPA
ANDRl!A LKEESlING, CJlA
BOBBY BENAVENTE, erA
KIM DOUDNA. CPA
REBECCA L. MURPHY. CPA
ACCOUNTANT'S REVIEW REPORT
To the Stockholders
Western Pump, Inc.
San Diego, California
We bave reviewed the accompanying balance sheets of Western Pump, Inc.
(a California S-corporation) as of December 31, 2008 and 2007 and the related statements of
operations, retained earnings and cash flows for the years then ended, in accordance with Statements
on Standards for Accounting and Review Services issued by the American Institute of Certified
Public Accountants. All information included in these financial statements is the representation of the
management of Western Pump, Inc.
A review consists principally of inquiries of company personnel and analytical procedures applied to
financial data. It is substantially less in scope than an audit in accordance with generally accepted
auditing standards, the objective of which is the expression of an opinion regarding the financial
statements taken as a whole. Aecordingly, we do not express sucb an opinion.
Based on OUT reviews, we are not aware of any material modifications that should he made to the
accompanying financial statements in order for them to he in conformitY with generally accepted
accounting principles.
Our reviews were made for the purpose of expressing limited assurance that there are no material
modifications that should be made to the financial statements in order for them to be in conformity
with generally accepted accounting principles. The information ineluded in the accompanying
supplemental schedules ofwork-in-process, cost of revenues and selling, general and administrative
expenses are presented only for supplementary analysis purposes. Such information has been
subjected to the inquiry and analytical procedures applied in the review of the basic financial
statements, and we are not aware of any material modifications that should he made thereto.
tJatu, fDofte & 'JtI~, LLfD
April 3,2009
MEMBERS: AMERICAN INSTITUTE OF CERTIFIED PUBUC ACCOUNTANTS. CALIFOR.,'>llA SOCIETY OF CERTIFtED PUBLIC ACCOUNT MIS
7-265
$ 75,66& $
875,000 98,000
210,003 141,8]2
6,058
654,859 564,107
288,153 131,442
723,090 76,43&
2,826,773 1,017,857
454,126 294,131
3,280,899 1,311 ,988
WESTERN PUMP, INC.
BALANCE SHEETS
December 31,2008 alld 2007
ASSETS
2008
Current assets
Cash and cash equivalents
Accounts receivable, net
Inventory
Prepaid expenses and other
Costs and estimated earnings in excess of
billings on uncompleted contracts
Total current assets
$ 31,219
2,878,926
876,189
80,740
Property and equipment, net
199,872
4,066,946
586,149
Intangible assets, net
223,750
T ota! assets
$ 4,876,845
LIABILITillS AIID STOCKHOLDERS' EQUITY
Current liabilities
Checks issued in excess of bank balances
Line of credit
Current portion oflong-term debt
Current portion of capital lease obligations
Accounts payable
Accrued expeoses
Billings in excess of costs and estimated
earnings on uncompleted contracts
Total current liabilities
Long-term debt, net of current portion
Total liabilities
Stockholders' equity
Cornman stock, $1 par value; 1,000,000 shares
authorized; 86,000 shares issued and outstanding
Additional paid in capital
Retained earnings
Total stockholders' equity
86,000
197,066
1,312,880
1,595,946
$ 4,&76,&45
Total liabilities and stockholders' equity
See accountant's review report and accompanying notes.
-2-
7-266
2007
$ 4&,&55
1,241,096
524,754
1&,194
57,317
1,890,216
458,296
$ 2,348,512
86,000
197,066
753,45&
1,036,524
$ 2,348,512
WESTERN PUMP, INC.
STATEMENTS OF OPERATIONS
Years Ellded December 31,2008 alld 2007
2008 2007
Revenues $ 11,807,150 $ 7,720,690
Cost of revenues 8,909,129 5,569,408
Gross profit 2,898,021 2,151,282
Selling, general and administrative expenses 2,064,410 1,783,259
Income from operations 833,611 368,023
Other income (expense)
Interest income 1,028 991
Other income 6,720
Interest expense (32,867) (34,221)
Total other expense (31,839) (26,510)
Income before provision for franchise taxes 801,772 341,513
Provision for franchise ta:<es (6,950) (800)
Net income $ 794,822 $ 340,713
See accountant's review report and accompanying notes.
- 3 -
7-267
WESTERN PUMP, INC.
STATElVffiNTS OF RETAINED EAlli'lINGS
Years Ended December 31, 2008 and 2007
Balance, December 31, 2006
Net income
Stockholder distributions
Balance, December 31, 2007
Net income
Stockholder distributions
Balance, December 31, 2008
See accountant's review report and accompanying notes.
- 4-
7-268
$ 570,578
340,713
(J 57,833)
753,458
794,822
(235,400)
$ 1,312,880
WESTERN PUMP, INC.
STATEMENTS OF CASH FLOWS
Years Ended December 31, 2008 and 2007
2008 2007
Cash flows from operating activities
Net income $ 794,822 $ 340,713
Adjustments to reconcile net income to cash
flows from operating activities:
Depreciation 228,128 264,261
Amortization 1,250
Decrease in allowance for doubtful accounts 6,726 (4,891)
Change in operating assets and liabilities:
(Increase) decrease in:
Accounts receivable (1,644,556) 150,795
Inventory (344,235) (40,987)
Prepaid expenses and other (62,546) (6,706)
Costs and estimated earnings in excess of
billings on uncompleted contracts (142,555) (46,952)
Increase (decrease) in:
Accounts payable 90,752 236,378
Accrued expenses 156,711 (13,297)
Billings in excess of costs and estimated
earnings on uncompleted contracts 646,652 (52,422)
Cash flows from operating activities (268,851) 826,892
Cash flows from investing activities
Purchases of property and equipment (189,366) (95,874)
Proceeds from disposal of property and equipment 3,031
Cash flows from investing activities (189,366) (92,843)
Cash flows from financing activities
Checks issued in excess of bank balances 75,668 (132,987)
Net proceeds from (payments on) line of credit 777,000 (227,000)
Payments on long-term debt (170,629) (175,930)
Payments on capital lease obligations (6,058) (16,503)
Stockholder distributions (235,400) (157,833)
Cash flows from financing activities 440,581 (710,253)
Net change in cash and cash equivalents (17,636) 23,796
Cash and cash equivalents, beginning of year 48,855 25,059
Cash and cash equivalents, end of year $ 31,219 $ 48,855
See accountant's review report and accompanying notes.
- 5 -
7-269
WESTERi'/" PUMP, me.
NOTES TO THE FINANCIAL STATEMENTS
December 31, 2008 and 2007
NOTE 1- DESClUPTION OF BUSINESS AND SUMMARY OF SIGNIFICANT
ACCOUNTING POLICIES
Description of Business
Western Pump, Inc. (the "Company") was incorporated in the state of California in August
1988. The Company specializes in the construction and servicing offieet fueling facilities,
retail service stations, convenience stores and veWcle maintenance facilities, predominately
in Southern California. Construction contracts typicallytalce less than a year to complete.
Rel'enue and Cost Recognition
Revenues from construction contracts are recognized on the percentage-of-completion
method, measured by the percentage of actual costs incurred to date divided by estimated
total costs for each contract. This method (cost-to-cost) is used because management
considers expended actual costs to be the best availahle measure of progress on these
contracts.
Contract costs include all direct material, labor, and equipment costs and those indirect
costs related to contract performance, such as employee benefits, insurance, auto expenses
and depreciation. Selling, general and administrative costs are charged to expense as
incurred. Provisions for significant estimated losses on uncompleted contracts are made in
the period in which such losses are determined. Changes in job performance, job
conditions, and estimated profitability, including those arising from contraci penalty
provisions, and final contract settlements may result in revisions to costs and income and
are recognized in the period in which the revisions are determined.
The asset, "costs and estimated earnings in excess of billings on uncompleted contracts,"
represents revenues recognized in excess of amounts billed. The liability, "billings in
excess of costs and estimated earnings on uncompleted contracts," represents billings in
excess of revenues recognized.
Revenues from time and material contracts are recognized in the period when products are
provided and services are earned. Revenues from product sales are recognized at the time
of sale.
Accounting Estimates
Management uses estimates and assumptions in preparing its financial statements in
accordance with generally accepted accounting principles. Those estimates and
assumptions affect the reported amounts of assets and liabilities, the disclosure of
contingent assets and liabilities, and the reported revenues and expenses. Actual results
could vary from the estimates that were used. Significant estimates include estimated costs
and earnings on uncompleted contracts and the allowance for doubtful accounts. It is at
least reasonably possible that these estimates will change in the near-term.
-6-
7-270
WESTERN PUlVlP, INC.
NOTES TO THE FINA1'1CLU, STATEl\;IENTS
December 31, 2008 and 2007
NOTE 1- DESCRIPTION OF BUSINESS AND SUMIVlARY OF SIGNIFICA1'1T
ACCOUNTING POLICIES (CONTINUED)
Income Tcn:es
The Company, with the consent of its stockholders, has elected under the Internal Revenue
Code to be an S Corporation. In lieu of Corporation income taxes, the stockholders ofan
S Corporation are taxed on their proportionate share of the Company's taxable income.
Therefore, no provision or liability for federal income taxes has been included in the
financial statements. Certain specific deductions and credits flow through the Company to
its stockholders.
This election is valid for California; however, California law requires a minimum franchise
tax of 1.5% on California taxable income. Therefore, a provision and a related liability
have been included in the financial statements for California franchise taxes. Also, the
Company has approximately $137,000 of enterprise zone credit carryforwards that are
available to offset future California tax liabilities.
Cash and Cash Equivalents
For purposes of the statement of cash flows, the Company considers all highly liquid
investments purchased with an initial maturity of 90 days or less to be cash equivalents.
Accou/lts Receivable
Accounts receivable are stated net of an allowance for doubtful accounts of $ I 5,83 5 and
$9,109 at December 31, 2008 and 2007, respectively. The Company estimates the
allowance for doubtful accounts based on an analysis of specific customers, taking into'
consideration the age of past due accounts and an assessment of the customer's ability to
pay. The Company grants credit to customers throughout the United States. The Company
performs credit evaluations of its customers throughout the United States and, generally,
requires no collateral. The Company has a concentration of credit risk consisting of
accounts receivable (see Note 12).
I/lventory
Inventory is stated at the lower of average cost or market and consists of warehouse parts
and supplies for wholesale/retail trade as well as supplies and materials used in
construction contracts and service/maintenance jobs. During the years ended December
31,2008 and 2007, approximately $118,000 and $106,000, respectively, of obsolete
inventory was written-off and included in purchases and materials in cost of revenues.
Sales and jVarketing
The Company expenses sales and marketing costs as incurred. Total sales and marketing
expense was $476,701 and $229,167 for the years ended December 31, 2008 and 2007,
respectively.
-7-
7-271
WESTERN PUlVlP, INC.
NOTES TO THE FINANCIAL STATEl\'illNTS
December 31,2008 and 2007
NOTE 1 - DESCRIPTION OF BUSJNESS AND SUlVIlVIARY OF SIGNIFICA1'lT
ACCOUNTING POLICIES (CONTINUED)
Property and Eqllipment
Property and equipment is stated at cost .and is depreciated using straight-line and
accelerated methods over the estimated useful lives of the property and equipment as
follows:
Automobiles and trucks
Shop equipment
Office equipment and software
5 years
5-7 years
2-5 years
Leasehold improvements are amortized over the lesser of the lease term or the estimated
useful lives of the respective assets (3-10 years). Expenditures for major renewals and
betterments that extend the useful lives of the property and equipment are capitalized.
Expenditures for maintenance and repairs are charged to expense as incurred.
Intangible Assets SlIbject to Amortization
The Company amortizes intangible assets with contractual lives over the lesser of their
estimated useful lives or the contractual period. Intangible assets suhject to amortization
consists of a covenant not to compete which was entered into with the former owner of
T &M Construction, me. This intangihle asset is amortized over the estimated useful life of
three years and is stated net of accumulated amortization of$I,250 at December 31, 2008.
Amortization expense was $1,250 for the year ended December 31, 2008. As of
December 31, 2008, the net carrying value of assets subject to amortization was $23,750.
I//tangible Assets Not Subject /0 Amortization
The Company follows SFAS No. 142, Goodwill and Other Intangible Assets, which
establishes the accounting for intangible assets. Intangible assets with indefinite lives are
not amortized but are reviewed annually for impairment, or more frequently, if indicators
of impairment arise. Intangible assets not subject to amortization consist of goodwill.
Goodwill totaling $200,000 was recorded during the year ended December 31,2008 as a
result of the Company's acquisition of T &M Construction, Inc. Initial goodwill is
recorded as the excess of the purchase price over the estimated fair value of the tangible
assets acquired and liabilities assumed of the business acquired. Goodwill is amortized
over a 15 year period for income tax purposes. Management determined that there was no
impairment of the carrying value of goodwill as of December 31, 2008.
Reclassificatiolls
Certain amounts in the 2007 financial statements have been reclassified to conform to the
2008 financial statement presentation. These reclassifications have no effect on previously
reported net income.
-8-
7-272
WESTERJ'I PUMP, me.
NOTES TO THE FINANCIAL STATElVIENTS
December 31,2008 and 2007
NOTE 1 - DESCRIPTION OF BUSINESS Al'lD SUMMARY OF SIGNIFICANT
ACCOUNTING POLICIES (CONTINUED)
Impairment of Long-Lived Assets
In accordance with Statement of Financial Accounting Standards ("SFAS") No. 144,
AccoZlntingfar the Jmpainl1ent or Disposal of Long-Lived Assets, the Company regularly
evaluates its long-lived assets for indicators of possible impairment. Long-lived assets,
such as property, plant, and equipment, and purchased intangibles subject to amortization,
are reviewed for impairment whenever events or changes in circumstances indicate that the
carrying amount of an asset may not be recoverable. Such events or circumstances include,
but are not limited to, a siguificant decrease in the fair value of the underlying business, a
significant decrease in the benefits realized from an acquired business, difficulties or
delays in integrating the business, or a significant change in the operations of an acquired
business. Recoverability of assets to be held and used is measured by a comparison of the
carrying amount of an asset to estimated undiscounted future cash flows expected to result
from its use and eventual disposition. If the carrying amount of an asset exceeds its
estimated future cash flows, an impairment charge is recognized for the amount by which
the carrying value of the asset e;<ceeds its fair value. If a readily determinable market price
does not exist, fair value is estimated using discounted expected cash flows attributable to
the assets. Management believes that there is no impairment at December 31, 2008 and
2007.
NOTE 2-ACCOUNTS RECEIVABLE
Accounts receivable consists of the following at December 31:
2008
Completed and in-progress contracts - billed $ 2,456,217 $
Completed contracts - unbilled 15,754
Retainage 422.790
2,894,761
Less: Allowance for doubtful accounts ( 15.835) (
JL..-2 sn 926 $
2007
1,188,481
2,408
59.316
1,250,205
9.109)
1241096
- 9-
7-273
WESTERt'f PUlVIP, INC.
NOTES TO THE FINANCIAL STATEMENTS
. December 31, 2008 and 2007
NOTE 3 - PROPERTY A1"ID EQUIPlVIENT
Property and equipment consists of the following at December 31:
2008 2007
Automobiles and trucks $ 1,128,367 $ 958,424
Leasehold improvements 226,275 222,947
Shop equipment 228,140 139,877
Office equipment and software 289.473 210.739
1,872,255 1,531,987
Less: Accumulated depreciation ( 1.286.106) ( 1.076.1 00)
Total property and equipment in service, net 586,149 455,887
Equipment not yet in service 2.409
Property and equipment, net $ 586 ]49 $ 458 296
NOTE 4 - COSTS A.l'ID ESTllVIA TED EAlli"ITNGS ON UNCOMPLETED CONTRACTS
Costs and estimated earnings on uncompleted contracts consist ofthe following at
December 31:
2008 2007
Costs incurred on uncompleted contracts $ 2,139,124 $ 594,998
Estimated earnings on uncompleted contracts 619.170 358.655
2,758,294 953,653
Less: Progress billings to date ( 3.281.512) ( 972.774 )
$( 523218) $( 1912] )
Included in the balance sheet under the following captions are the following at
December 31 :
2008 2007
Costs and estimated earnings in excess of
billings on uncompleted contracts $ 199,872 $ 57,317
Billings in excess of costs and estimated
earnings on uncompleted contracts ( 723.090 ) ( 76.438 )
$( 523218) $( ]9121)
- 10 -
7-274
WESTERJ.'1 PUMP, INC.
NOTES TO THE FlNAL'lCIAL STATEMENTS
December 31,2008 and 2007
NOTE 5 - ACCRUED EXPENSES
Accrued expenses consist of the following at December 31:
2008
155,110 $
87,853
17,936
15,019
6,150
6.085
2R8151 $
Payroll and related expenses
Vacation
Insurance
Other expenses
Franchise tax payable
Sales taxes
$
2007
52,232
74,202
2,914
$
2.094
131 442
NOTE 6 - LINES OF CREDIT
The Company has a line of credit agreement with a bailie with a limit of $600,000 that
expires in July 2009. Advances are made at the ballie's discretion and bear interest at the
ballie's index rate with a minimum interest rate of not less than 4.5% per annum (4.5% at
December 31, 2008). The line js secured by substantially all of the Company's assets and
is personally guaranteed by the majority stockholders. At December 31,2008 and 2007,
there was $600,000 and $98,000, respectively, outstanding under this agreement.
In August 2008, the Company entered into a second line of credit agreement with'the same
bank with a limit of $400,000. The line of credit is to be used solely for extraordinary
equipment purchases in conjunction with ongoing contracts. Advances are made at the
hailie's discretion and bear interest at the ballie's prime rate plus 1% per annum (4.25% at
December 31, 2008). The line is secured by substantially all ofihe Company's assets and
is personally guaranteed by the majority stoc1dlOlders. At December 31,2008, there was
$275,000 outstanding under this agreement.
NOTE 7 - ACQUISITION OF T&M CONSTRUCTION, INC.
On September 22, 2008, the Company acquired T &M Construction, Inc. for a total
purchase price of $300,000. A down payment of$150,000 was made to the former owner
of T&M Construction, Inc. and the remaining consideration was fmanced through the
issuance of a note payable (See note 8). The purchase price was allocated as follows:
Goodwill $ 200,000
Covenant not to compete 25,000
Vehicles, furniture and equipment 67,800
Inventory 7.200
Total $ 300000
- 11 -
7-275
WESTERJ.'f PUMP, INC.
NOTES TO THE FINANCIAL STATEMENTS
December 31, 2008 and 2007
NOTE 8 - LONG- TER1vI DEBT
Long-term debt consists of the following at December 31:
2008
Promissory note due to IronStone Bank,
payable in monthly payments of $4,942,
including interest at 5.95%, maturing June
2013, and collateralized by the majority
stockholder's real estate and guaranteed
by the majority stockholders of the
Company. $
Promissory note due to IronStone Bank,
payable in monthly principle only
payments of $4,167, pIns interest at the
banIe's prime plus 1.0% (4.25% at
December 31, 2008), maturing September
2011, and collateralized by the
Company's assets and guaranteed by the
majority stockholders of the Company.
The note also requires the Company
maintain net worth of at least $900,000.
Promissory note due to the former owner
of T &M Construction, Inc. which was
acquired during 2008, payable in monthly
principle only payments of $3,125,
maturing October 2012, and guaranteed
by the majority stockholders of the
Company.
Promissory note due to WFS Financial,
payable in monthly payments of $459,
including interest at 4.9%, maturing
Jannary 2009, and secured by a vehicle.
- 12-
7-276
232,578 $
137,500
143,750
292
2007
276,363
5,797
WESTERN PUMP, INC.
NOTES TO TIill FINAJ"lCIAL STATE!\'IENTS
December 31,2008 alld 2007
NOTE 8 - LONG TERM DEBT (CONTINUED)
2008
2007
Promissory notes (13 in 2008 and 15 in
2007) due to GlvLAC, payable in monthly
payments, except for interest ranging from
2.9% to 3.9% on two notes, ranging from
$448 to $961, maturing at various dates
from February 2009 to August 2013, and
secured by vehicles.
Less: Current portion (
150.009
664,129
210.003) (
153.783
435,943
141.812)
Long-term debt, net of current portion $
454.-L26 ,$
294131
Future maturities ofJong-term debt are estimated as follows:
Year Ending
December 3 L
2009
2010
2011
20]2
2013
Total
$
2]0,003
161,642
147;565
107,298
37.621
664 122.
$
NOTE 9 - El\1PLOYEE BENEFIT PLAJ"l
The Company has a qualified 40 I (Ie), profit sharing plan for the benefit of its employees.
Suhstantially all employees are eligible to participate in the plan. Under the plan,
employees can contribute and defer taxes on compensation contributed. The Company
matches, within prescribed limits, the contributions of the employees. The Company also
has the option to malee profit sharing contributions to the plan. Employer contributions to
the plan during the years ended December 31,2008 and 2007 were $39,544 and $29,14],
respectively.
- 13-
7-277
WESTERL'l PUMP, INC.
NOTES TO THE FINANCIAL STATEMENTS
December 31,2008 and 2007
NOTE 10 - LEASE COlYThIIThillNTS/RELATED PARTY TRA1~SACTIONS
In March 2008, the Company entered into a long-term lease agreement with its majority
stockholders for its office and warehouse facility. The agreement, which includes two five
year options, requires the Company to pay all utilities, taxes, insurance and repairs and
initially expires in March 2018. Total rent expense incurred to the majority stockholders
was $141,000 and $123,000 for the years ended December 31, 2008 and 2007,
respectively. At December 31, 2008, prepaid rent to the majority stockholders totaling
$12,250 is included in prepaid expenses and other in the accompanying balance sheets.
The Company also leases a parking lot, office equipment and a vehicle under long-term
non-cancelable operating leases with unrelated parties that expire at various dates through
January 2011. Total rent expense (including office equipment and vehicle leases) incurred
to unrelated parties was $43,133 and $42,788 for the years ended December 31, 2008 and
2007, respectively.
Future minimum lease payments under non-cancelable leases with terms of one year or
more as of December 31, 2008 are as follows:
Year Ending Unrelated Majority
December 31 , Parties Stockholders Total
2009 $ 52,696 $ 147,000 $ 199,696
2010 37,516 147,000 184;516
2011 1,276 147,000 148,276
2012 147,000 147,000
2013 147,000 147,000
Thereafter 624.750 624.750
Total $ 91.488. $ 1.359.750 $ 1 451 ?38
NOTE 11- SUPPLElYillNTAL CASH FLOW INFOfu'VIATION
Cash paid during the year for:
Franchise taxes
Interest
$
$
2008
800 $
32,867 $
2007
800
34,221
Schedule of Non-Cash Investing alld Financing Activities:
During the year ended December 31, 2008, the Company acquired three vehicles totaling
$98,815 in exchange for long-term debt.
During the year ended December 31,2008, the Company acquired T &M Construction, Inc.
for $300,000 in exchange for long-term debt.
- 14-
7-278
WESTERN PUMP, INC.
NOTES TO THE FINANCIAL STATEMENTS
December 31,2008 Gnd 2007
NOTE 12 - CONCENTRATIONS
Cash and Cash Equivalents
The Company maintains its cash in banle deposit accounts that, at times, may exceed
federally insured limits. Accounts are gnaranteed by the Federal Deposit Insurance
Corporation (FDIC) up to $100,000 per hanlc through September 2008 and $250,000 per
banle effective in October 2008. The Company has not experienced any losses in such
accounts. There were no banle balances in excess of FDIC limits at December 31, 2008.
Banlc balances in excess of FDIC limits were approximately $51,000 at December 31,
2007.
Customers
The Company received a substantial portion of its revenues from two customers during the
year ended December 31, 2008. Approximately 16% and 16% of total revenues for the
year ended' December 31, 2008 were from these two customers. At December 31, 2008,
accounts receivable from these customers totaled $639,221. .
The Company received a substantial portion of its revenues from two customers during the
year ended December 31,2007. Approximately 22% and 10% of total revenues for the
year ended December 31, 2007 were from these customers. At December 31,2007,
accounts receivable from these customers totaled $128,255.
Vendors
A significant amount of the Company's inventory was purchased from two vendors during
the year ended December 31, 2008. Purchases from these vendors comprised
approximately 26% and 21% of the Company's total inventory purchases for the year
ended December 31,2008. At December 31, 2008, the Company had account payable to
these vendors of $269,655.
NOTE 13 - BACKLOG
The following is an analysis of the Company's backlog of signed contracts as of and for
the years ended December 31 :
2008 2007
Backlog, beginning of year $ 831,880 $ 721,772
New contracts and net change orders 14,837,553 7,830,798
Revenues ( 11.807.150) ( 7.720.690)
Backlog, end of year $ 3 Rli2 283. $ 831 R80
. IS -
7-279
SUPPLEJ\ifENTAL INFOlli\'1ATION
7-280
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7-281
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WESTERN PUMP, INC.
SCHEDULE II - SCHEDULES OF COST OF REVENUES
Years Ended December 31,2008 and 2007
2008
Purchases and materials
Wages and labor
Subcontract and outside labor
Auto expense
Licenses and permits
Insurance
Payroll taxes
Depreciation
Freight
Repairs and maintenance
Equipment rental
Supplies
Travel and per diem
Education and training
$ 3,866,568
2,043,644
1,660,363
241,052
198,041
166,643
164,767
143,007
106,531
104,156
83,979
45,588
44,166
40,624
$ 8,909,129
See accountant's review report.
- 18 -
7-282
2007
$ 1,966,008
1,489,877
1,270,296
181,716
57,250
104,527
123,220
175,167
54,757
59,804
47,522
17,516
2,741
19,007
$ 5,569,408
WESTERN PUlVIP, INC.
SCHEDULE ill - SCHEDULES OF SELLING, GENERAL
AND ADMINISTRATIVE EXPENSES
Years Ended December 31.2008 and 2007
2008
Wages
Sales and marketing
Rent
Insurance
Depreciation
Professional services
Telephone and communications
Office supplies and expenses
Meals and entertainment
Auto and truck
Payroll taxes
Computer supplies and expenses
Profit sharing contributions
Utilities
Travel and conventions
Dues and subscriptions
Property taxes
Bad debts
Seminars and education
Freight
Credit card fees
Repairs and maintenance
Licenses and permits
Employee benefits
Postage
Contributions
Bank fees
Uniforms
Miscellaneous
$ 591,113
476,701
158,880
149,927
86,371
75,910
68,591
62,630
58,753
52,210
48,286
41,627
39,544
26,837
15,736
15,634
13,898
13,496
12,999
12,635
12,080
6,647
6,291
6,054
4,320
3,942
1,415
1,773
110
$ 2,064,410
See accountant's review report
- 19 -
7-283
2007
$ 622,737
229,167
146,500
183,104
89,094
81,086
63,899
61,617
44,984
39,018
49,463
22,169
29,141
26,258
12,614
7,766
9,534
405
5,551
10,595
12,406
16,089
4,058
3,268
2,190
1,046
9,394
106
$ 1,783,259