HomeMy WebLinkAbout2010/04/13 Item 8
CITY COUNCIL
AGENDA STATEMENT
~lff:. CITY OF
~CHULA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
4/13/10, Item ..~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A DESIGN BUILD AGREEMENT FOR THE
"CITYWIDE ENERGY LIGHTING RETROFIT PROJECT IN THE
CITY OF CHULA VISTA, CALIFORNIA (CIP NO. GG2[0)" TO
AMERICAN POWER SOLUTIONS WHICH WILL BE FUNDED
THROUGH CAPITAL IMPROVEMENT PROJECT GG210 AND
REIMBURSED THROUGH THE CE~OAN PROGRAM
DIRECTOR OF PUBLIC WORKS ~
DIRECTOR OF CO!V ATION & ENVIRONMENTAL SERVICESQ~
CITY MANAGER
ASSIST ANT CITY ANAGER~""'-
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4/STHS VOTE: YES ~ NO
lZl
SUMMARY
The CityWide Lighting Retrofit Project is the second phase of a plan to install energy saving
induction and LED [ightfixtures at multiple sites throughout the City. This project will consist of:
an investigation of existing lighting components, the design and calculations for new fixtures and
the installation of induction and LED lighting fixtures at all City facilities. Pre-qualified firms
with design build experience were solicited to present proposals for review. Based upon the
submitted information, the most responsive proposal from a qualified candidate was chosen.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has deternlined that the project qualifies for
a Class I categorical exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA
Guidelines because the project involves the retrofitting of existing lighting fixtures with more
energy efficient fixtures. Thus, no further environmental review is necessary.
RECOMMENDA nON
Council adopt the resolution
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
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4/]3/10, Item S
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DISCUSSlON
All Citywide facilities were identified as potential sites for an energy upgrade and retrofit as part of
the City of Chula Vista's Phase Two agreement with San Diego Gas & Electric (SDG&E) and the
California Energy Commission (CEC). Engineers involved with the partnership program and City of
Chula Vista staff have researched all possible efficient and cost saving methods to bring all City of
Chula Vista facilities up to our current energy saving guidelines and standards.
This facilities improvement project is part of the City's broader efforts to promote renewable energy
at municipal sites and to lower citywide greenhouse gas or "carbon" emissions. The Chula
Vista/SDG&E Partnership Program has provided financial support for City staff to evaluate,
identify and coordinate the installation of these energy retrofit projects. Because Partncrship funds
are not able to be used for capital costs associated with renewable energy upgrades, the City
pursued and was awarded CEC loans designed to provide local agencies with capital funding to
install renewable energy systems and is re-paid through the resulting energy savings. Once the
loan debt is re-paid, the City would capture the net savings on its armual energy costs.
On June 2,2009, the Public Works Dcpartment advertised the Request for Proposal (RFP) to six (6)
qualified firms for Design Build services for the Citywide Lighting Retrofit Project. On July 30,
2009, the Director of Public Works received three proposals for the project.
I. American Power Solutions - Fullerton, CA
2. Ace Building Services - La Mirada, CA
3. Desert Electric Services - Lancaster, CA
Based on the proposals, American Power Solutions was selected as the most responsive Design
Builder. American Power Solutions has extensive installation experience required to meet the
City's development schedule, the project cost estimatcs and the project's proposed completion date
of July 31,2010.
American Power Solutions submitted a design build proposal for $408,899.76. Staff may return to
Council to approve a Guaranteed Maximum Price at 100% Construction Documents if the design
or scope of the project should change.
The project will be funded through the CEC Loan Program which uses the resulting energy cost
savings to repay the loan at a 3% interest rate. On May 12,2009, the City Council authorized the City
staff to secure up to $7.1 million in external financing to invest in additional energy efficiency and
renewable energy projects that leverage Energy Efficiency & Conservation Block Grant nmds and
maximize the opportunity to achieve peak energy and greenhouse gas emissions reductions.
DECISlON MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that the decision
concerns repairs, replacement, or maintenance of existing streets or similar facilities and, therefore,
there is not a material financial effect of the decision on the property holdings of the City Council
Members pursuant to California Code of Regulations sections l8704.2(b)(2) and 18705.2(b)(l).
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4113/10, Item n
Page 3 of 3
CURRENT FISCAL IMPACT
There is no net impact to the General Fund. The contract amount and costs for implementing the
energy efficiency improvement project will be funded through California Energy Commission
(CEC) which provides low-interest loans to fund facility improvements. The resulting energy cost
savings (approximately $70,926.69 annually) will be used to repay the loan over the 5.77 year
payback period. Total net project costs will also be reduced through energy efficiency incentives
estimated at $30,722.66 from SDG&E and the California Public Utilities Commission, while City
staff time will be funded through Chula Vista's SDG&E Local Government Partnership Program.
ONGOING FISCAL IMPACT
The proposed project will produce approximately $70,926.69 in annual energy cost savings for the
City. Once the CEC Loan is repaid in 5.77 years, the City's General Fund would realize these
annual utility cost savings. Because electricity rates typically increase approximately 5% annually,
these avoided energy costs will also increase in the future.
FUNDS REQUIRED FOR PROJECT
A. Contract Amount (American Power Solutions) $408,899.76
Contingencies (5% included in GMP amount - $19,471.42)
TOT AL FUNDS REQUIRED FOR CONSTRUCTION $408,899.76
ATTACHMENTS
1. Design Build Agreement
Prepared by: Gurdon Day, Building Project Manager. Public Works
J: \Engineerl4 GENDA ICASJO / 0\03-2 3-1 OIA //3 Energy Lighting Retl'Ofit 'Jnd.l.duc
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROV ~~BY>
THE CITY 0 'CIL . .. /
;,
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Dated:
7] I US liD
I I
DESIGN BUILD AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND
AMERICAN POWER SOLUTIONS FOR
CITYWIDE ENERGY LIGHTING RETROFIT PROJECT
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DESIGN BUILD AGREEMENT FOR
CITYWIDE ENERGY LIGHTING RETROFIT PROJECT
THIS Agreement shall be for the design and installation of energy saving lighting systems 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 American Power Solutions, a
Corporation located in Fullerton, California ("Design Builder or D/B"). City and DIB, 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. The City ofChula Vista Citywide Lighting Retrofit Project pertains to the citywide retrofit of lighting fixtures
to a more energy efficient replacement. Pre-qualified firms with design build experience were solicited to
present proposals for revievl/ with the intent of: investigation/review of systems, value engineering,
reprogramming of controls, circulation/design services, and management for the installation of energy efficient
lighting in the City of Chula Vista.
1. The Design Build Team (DBT) will be responsible for inclusion of all potential incentives and rebates for the
proposed product costs.
3. The City has a proposed budget of Five Hundred Thirty Thousand Dollars ($ 530,000.00) for tbe design and
installation phases of the project.
4. The Citywide Energy Lighting Retrofit Project is the second phase of lighting conversions to be accomplished
under the agreement with SDG&E.
5. As part of that effort, on June 2, 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 or retrofit
-lighting fixtures to a more energy efficient replacement ("Project") to qualified Design-Build firms offrhe
Priority List or qualified specialty contractors.
6. Southern Contracting Company, Independent Energy Solutions, American Power Solutions, Emcore Inc.,
Pacific West Energy, Desert Electric Services, Ace Building Services, and Beckman Electric were sent RFP
documents.
7. FollO\ving interviews of3 qualified respondents, DIB American Power Solutions 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, DIB submitted a "Not to exceed Gross Maximum Price" of the Project in the
amount of Four Hundred Eight Thousand Eight Hundred Ninety Nine Dollars and Seventy-Six Cents
($ 408,899.76) ("Estimated Cost"I"EC'~) to initiate design and installation of energy efficient lighting at
multiple locations_
9. Following City's approval of90% Construction Documents ("CD"), and with the approval for funding through
CEC low interest loans, D/B shall submit a guaranteed maximum price ("'GMP"), for which each Project shall
be designed and constructed.
10. 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.
NO\V THEREFORE, in consideration of the recitals, mutual obligations of the Parties, the covenants and conditions
herein, and for other good and valuable, the sufficiency of which is hereby acknowledge, the Parties agree as
follows:
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ARTICLE I. DEFINITIONS
ADA: The Americans with Disabilities Act of 1990 and any amendments thereto.
Acceptance: Final approval by the City Inspection Team following the Final Inspection that Project Improvements
are complete and work required on the Punch List has been finished.
As-Builts: Project Record Documents that are the Contract plans modified from the original concept of the
design to reflect the actual product built.
CEC: California Energy Commission
CEQA: California Environmental Qnality Act.
Calendar Day(s): All days of the week, holidays and weekends included.
Change Order: A written order, approved by City, authorizing a change in the work to be performed.
City: The City of Chula Vista. Unless specifically provided otherwise, whenever this Agreement requires an action
or approval by City, that action or approval shall be performed by the City representative designated by the
Agreement.
City Council: The City Council of the City ofChula Vista.
City's Project Administration Costs: Charges that City incurs to: (i) administer the acquisition of the Property,
(ii) review and approve the plans and specifications for the project improvements, and (iii) inspect the project
improvements during construction, until completion and Acceptance of the Project.
Contract Documents: Including, but not limited to: Contract Addenda, Notice Inviting Bids, 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, pennits from other agencies, the Special Provisions, the Plans,
Standard PI.ans, Standard Specifications) Reference Specifications, and all modifications issued after the execution
of this Agreement.
Contract Time: The number of Calendar Days permitted under this Agreement for D/B to achieve Substantial
Completion.
Defective \Vork: All work, material, or equipment that is unsatisfactory, faulty) incomplete, or does not conform to
the Contract documents is defective. .
Design Build Team (D/BT): Those individuals designated as being a part of the Design Build Team. See Exhibit
C.
Estimated Cost: The total cost of the Project as estimated in preliminary cost estimates as shovm in Exhibit C.
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 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 DIB 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 D/B.
Greenbook: The most recent edition of the Standard Specifications for Public Works Construction (including any
City of Chula Vista standard specia.l provisions).
Guaranteed Maximum Price C"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 taxes, delivel)' and
installation. Hard Construction costs shall not include DIE markup. handling fees, overhead, or other charges.
except as otherwise set forth in this Agreement.
Hazardous Materials: Hazardous waste or hazardous substance ~s defined in any federal, state, or local statute,
ordinance, rule, or regulation applicable to the Property, including, without limitation the Comprehensive
Environment;)l 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 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: AH 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 \vritten notice authorizing DIE to commence Work andior Services on the Project.
Notice of Termination: A written notice from City to D/B terminating the Agreement in accordance with Article
XXVII.
Pruject Site: The property located at multiple sites throughout the City. See list of sites further described in Exhibit
A, attached.
Reimbursable Costs: All direct costs, including labor. m;)terials, permit fees, insurance and bonds, general
conditions, overhead and profit.
Services: Professional services, lncluding 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 progress of the construction when all Work on the Project is sufficiently
complete in accordance with the Construction Documents, $0 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 opcratismally 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.
\Vorking Day(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
timeframes established by the Project Schedule, which will be determined at 90% construction documents.
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. This Agreement shall be effective on the date it is executed by the last Party to sign the
Agreement follov'ling City Council approval by Resolution. The term of this Agreement will extend from the
date of execution until satisfaction of an tenns and conditions herein, unless this Agreement is earlier
terminated.
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ARTICLE IV. GENERAL PROJECT PERFORMANCE OBLlGA TIONS
4.1 Standard of Care. Throughout the perfonnance this Agreement, performed under this Agreement, DIB 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 ofeare 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 perfonnance of this Agreement, DrB shall comply with all Jaws, including
but not limited to:
4.2.1 All City, County, State, and Federal laws, codes and regulations, ordinances, and policies, including,
but not limited to, the following:
4.2.1.1 Environmental Regulations (i.e. CEQN NEPA).
4.2.1.2 The Americans with Disabilities Act ("ADA") and Title 24 of the California Building Code. It
is the sole responsibility ofD/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.
4.1.2.4 The Clean Air Act of 1970. the Clean Water Act (33 USC I 368)-Execurive Order 11738, and
the Stormwater Management and Discharge Control-Ordinance No. 0-17988.
4.1.2.5 D/B shall comply with the Essential Services Building Seismic Safety Act., S8 239 & 132.
4.1.2.6 DIB shall comply immediately with all directives issued by City or its authorized
representatives under authority of any laws, statutes, ordinances, rules, or regulations.
4.1.2.7 DIB shall obtain and comply with all penuits necessary top complete the Project, including, but
not limited to Development Services Department permits and hazardous material permits.
4.1.2.8 Zoning, environmental, building, fire and safety codes and coverage, density and density ratios
and lien laws.
4.2.2 Implied Knowledge afLaws. DIB shall be responsible for aU amendments or updates to standards and
of all amendments or updates to standards, whether local, state, or federal, and such knOWledge will be
imputed to D/B to the extent allowed by law.
4.3 Desipn and Construction Standards. In the performance of the Services and Work covered by this
Agreement, DIE 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 of Transportation Manual of Traffic Controls for Construction and
Maintenance Work Zones.
4.3.2 Cio'Speciflcat;ons.
4.3.2.1 The :2.000 Edition of the Chula Vista Standard Special Provisions.
4.3.2.2 The 2000 Edition of the Regional Standards.
4.3.2.3 The 2001"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 Conservation Standards. N/A
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4.3.4 Alarerials Standards. DrB shall use industrial grade, not residential grade, equipment and accessories
for all facets of design and construction.
4.4 Obtain City AVOfO\'3L For any and all actions under this Agreement that require City approval, including,
but not limited to, changes or additions to Agreement, D/.B s~hall obtain approval in writing from the designated
City Representative, or when required by Law, from the CitY Council. DIB 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 ApP;'oval. 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.] 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, 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, DIE may be entitled to reasonable compensation
for such actions.
4.4.2 No Release From Obligations. City approval shaH 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 Mnkin2. D/B shall make decisions with reasonable promptness to avoid delay in the orderly
progress ofD/S's obligations under this Agreement and pursuant to the Project Schedulco which will be
determined at 90% construction documents.
4.6 Perform Services and \Vork in Phases. The Services and Work under this Agreement shall be perfonned
three (3) '''Phases'' in the manner and order described herein.
ARTICLE V. PHASE 1- DESIGN DEVELOPMENT
5.1 Dcsi2'o 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 perfom1 Services including, but not limited to: the following;
5.1.1 Project Development. Develop and refine Project requirements.
5.1.2 DDD. Prepare complete ODDs, such that the ODDs include, without limitation, the following:
5. \.2.1 Site Plans. Site plan with pertinent notes as applicable..
5.1.2.2 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. NI A.
5.1.23 Roof Plans. Roofplans including detailed notes, dimensions, mechanical equipment locations,
define materia! for mechanical screens, skylights and roof access, roof materials, roof drainage
and establish window-washing concept. N/A.
5.1.2.4 Building Sections. Building sections7 which shall include vertical dimensions, floor assembly
thickness showing known structural elements, notes and dimensions. NI A.
5.1.2.5 Elevations. Exterior elevations, including material references and extent; visible roof top
elements; existing and new line of grade; indicate of floors with leader lines; and vertical
dimensions~ notes~ dimensions and grid lines. N/A.
5.1.2.6 ~lall Sections. Wall sections including all \-vall sections, dimensions, horizontal element
offsets, and guide to exterior face of wall; dimensions, vertical floor to floor, floor to window
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head and sill and floor to ceiling; structural elements and assemblies; interior and exterior wall
finishes; and wall and roof assembly; NI A.
5.l.2.7 Outline specifications, written description of each project by address and components
including site work.
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5.1,2.8 Traffic circulation and landscaping should also be indicated tJ,t this stage if applicable.
5.1.3 Code Compliance. Verify all code comp1i3Ilce, including building construction type, occupancy
sprinkler requirements, existing, zoning and other agency confonnance and ADA. N/A.
5.1.4 Submittals. Prior to proceeding with Phase II, D/B shall prepare and submit the following to the City
for review and wrinen approval.
5.IA.1 DDDs. Completed DDD.
5.104.1.1 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.
5.1.4.1.2 Delay/Costs. Any delay or additional costs resulting from this submittal shall be
borne exclusively by D/B and not be grounds for an increase in the GMP or Contract
Time.
5.1.4.2 Other Deliverables. 3D rendered images, color and material boards, reflected ceiling plans,
and special system or equipment plans. N/A.
ARTICLE VI. PHASE II
6.1 Phase II Services. In Phase H of the "Project, DIB'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 snch requirements with City;
'6.1.2 Digital Documentation. D/B shall prepare CD's which shall include, without limitation, the following:
6. I .2.1 Architectural plans and details, including:
6.1.2.1, I Site plan indicating general location and nature of on-site and the necessary off-site
improvements as required.
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. N/A.
6.1.2.1.4 Interior elevations to establish functional requirements, equipment, and all systems
locations. NJ A.
6.1.2.1.5 Typical building sections showing primary structural members, dimensions, and
accommodation of functional systems. NJ A.
6.1.2.1.6 Typical wall sections sufficient to indicate materials, openings, and major features.
N/A.
6.1.2.2 Structural drawings including plans and sections of sufficient clarity and detail to show the
extent and type of structural system and dimensions, final structural design criteria, foundation
design criteria, preliminary sizing of major structural components, critical coordination
clearances and applicable material lists.
6.1.2.3 Mechanical plans and details. N/A.
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6.1.2.4 Landscape and Irrigation plan and details. NI A.
6.1.2.5 Electrical plans and details.
6.1.2.6 Structural calculations.
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6. I .2.7 Plans showing installation of major sYstems, equipment, fixed furnishings and graphics. N/A.
6. I .2.8 Electrical installation specifications.
6.1.2.9 All other technical drawings, schedules, diagrams and specifications, to set forth in detail the
requirements for construction of the Project which, at a minimum, include:
6.1.2.9.1 Information customarily necessary for the use of those in the building trades.
6.1.2.9.2 Documents customarily necessary to obtain regulator)' agency approvals.
6.1.2.9.3 Color board and architectural rendering for required presentations. NI A.
6.1.2.1 0 Mechanical design documentation consisting of continued development and expansion of
schematic mechanical design consisting of: NI A.
6.1.2.10. I Single line layouts and the approximate sizing of all equipment and capacities,
preliminary equipment layouts. N/A.
6.1.2. I 0.2 Required space requirements for the equipment, required chases and clearances,
acoustical and vibrations control, visual impacts and energy conservation
measures. NI A.
6.1.2.11 Electrical design documentation consisting of continued expansion afthe schematic electrical
design consisting of:
6.1.2.1 1.1 Criteria for electrical systems typical to the approximate sizes and capacities of
major ligh~ng components;
6.1.2.11.2 Preliminary equipment layouts, required space for equipment, required chases and
clearances.
6. I .2.12 Sections through critical areas showing coordination of architectural, structural, mechanical
and electrical elements. N/A.
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,
tj-pes and locations of acoustical treatment, typical and special floor coverings and
final exterior and interior material selection. NI A.
6.1.2.13.2 Mechanical. Description of air conditioning, heating and ventilation systems and
controls, ducts, and piping system. NI A.
6.1.2.13.3 Electrical. Description of fixtures to be installed.
6.1.2.13.4 Landscape. Genera! description of the construction, including plan materials, plant
locations, maintenance period. and irrigation systems. NI A.
6.1.2.13.5 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. NIt\..
6.1.2.13.7 Other. Such otherdocurnents 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.
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6.1.3 Project Sequencing. D/B shall detennine and establish the sequence of construction, and if
appropriate, identify separate bid packages to accomplish phased construction of the Project.
6.1.4 Critical Palh. D/B shall prepare a detailed Critical Path Method schedule for all construction
components of the Project ("Detailed Construction Schedule") utilizing Microsoft Project software,
showing all major milestones, bid dates for the major bid packages, commencement of construction,
sequence ofconsrruction, completion of structural elements, and completion of the Citywide Energy
Lighting Retrofi~ all of which shaH conform with the dates of Substantial Completion and Final
Completion for each Project.
6.1.5 Governmental R,~vh:w. 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 /llanagemel1t Plan. DIB shall develop and implement a Project Management Plan and
Procedures including:
6.1.7.1 Project status reports.
6.1.7.2 Coordination/interface 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 (twice a month) 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. 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. 0/8 shall prepare construction drawings and specifications
suiti3ble for obtaining City-approved permits and to allow construction.
6.1.9 City Approval. DIE 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 Resubmittal. At 50%l, 70% and 90% Completion, City will
notifY DIB in writing within the timeframes established in the Project Schedule following
receipt of Construction Drawings of City approval, or ofrequest for modifications. If
modifications are requested, D/B shall modify and resubmit Construction Drawings for City
approvaL
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. t.1 0 ldaterials and Equipmel1l Specifications. D/B shall prepare technical materials and equipment
specifications for pre-purchase.
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6.1.11 Surveying 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 Building
Code, or any other law or regulation, in accordance with and considering the following:
6.1.11.1 Greenbaok 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 fol1o'\\'ing link:
h ttn:llwww.chulavistaca.2ov/City ServicesIDcvelaoment Servi ces/En 2ineerinQ./index.aso
6.1.11.2 Existing Conditions. DrB 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.
N/A.
6.1.11.3 Utilities. D/B shall provide all required infonnation for the construction or relocation of
Public or private utility facilities that must be constructed or relocated as a result of this
Project. DiB 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. N/ A.
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 andlor
Project Soils Engineer (qualified R.C.E. or R.G.E.) shall prepare a statement, that wil! be
included in the Bidding Documents, to address existing geotechnical conditions of the site
that might affect construction. N/A
6. L J 1.5 Additional Surveys. D/B shall provide additional site surveys and geotechnical investigations
to the extent that DIB detennines they are necessary for final design. N/A.
6.1.11.6 No Reliance. D/B 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 final design.
_"6.1.12 SWPPP. Where applicable, D/B shall prepare and incorporate into the Construction Documents a
Stormwater Pollution Prevention Plan ("SWPPP") to be implemented by the DIB during Project
construction. Where applicable. the SWPPP shall comply with both the California Regional \Vater
Quality Control Board Statewide General Construction Stonn Water permit and National Pollution
Discharge Elimination System penn it requirements and any municipal regulations adopted pursuant to
the perm its.
6.1.12 Alternatives. DIB 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. NI A.
6.1.13 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 permits. City shall be
responsible for all permit fees.
6.1.14 Updated Costs" D/B shall provide updated construction cost estimates in conjunction with the
submittals required in Section 6.1.9 to support constructability reviews.
6.1.15 Final Revie~H' and Appr01.'al 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 five (5) 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. If requested 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. Work and Services. The DfB shall construct the Project in accordance with City-approved plans
and specifications prepared by the DIB to meet or exceed all requirements of the City provided program,
schematic design and the performance criteria. The D/B-sha11:
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 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. N/A.
7.1.1.2 Pre-Bid Conferences. DIB shall schedule and conduct pre-bid conferences to answer questions
posed by bidders. Said answers and any other information required to provide clarification ta
the Construction Documents during the bidding process shan be issued as written addenda and
provided to all prospective bidders.
7.1. 1.3 Scheduling. DIB shall coordinate scheduling ofbid packages, submittals_
7. I. 1.4 Bid Results. DIB shan submit to the City a summary of bid results for each bid package.
7.1.1.5 Bid Protests. DIB shan hear and decide bid protests and shan develop and maintain bid protest
procedures for that purpose. City shall be timely informed of all bid protests (prior ta
resolution) and the outcome of said protests.
7.1.1.6 Equal Opportunity Contracting/Nondiscrimination. D/B shall nat 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. DIE 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, 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. DIB shall be responsible for entering into subcontracts, in DIB's Q\vn
name, with the bidder who in D/B's discretion and professional opinion best meets the
monetary, time, and performance requirement of the Project. D/B shall be responsible for
ensuring that these contracts fully comply with all applicable local, state and [ederallaws,
some but not all of which are listed below.
7.1.1.8 Additive Alternatives. D/B shall require additive alternates for extended warranties in bid
packages for roofing and HV AC systems. N/A.
7.1.2 A1eelings. D/B shall conduct meetings identified below:
7.1.2.1 Preconstruction Meeting. D/B 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.J.2.1.1 Attendance. D/B shall ensure that the preconstruct ion meeting is attended by D/B's
construction contractor, project manager, all D/B's major subcontractors, the City's
designated Representative, and all other persons necessary as determined by DIB or
City.
7.1.1.2 Progress Meetings. D/B shall conduct bi-weekly progress meetings with the City and
appropriate design and construction members.
7.1.2.3 Contractor Meetings. D/B shall conduct contractor rneetings~ as necessary, to provide
technical input.
7.1.2.3.1 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 parries, and DIB has given no less than five (5) Calendar Days
prior written notice of the rescheduled meeting.
7.1.2.5 Minutes. D/B shall take corresponding me.?ting minutes and distribute copies to all attendees.
7 .1.1.6 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 COnSlrIlc/;on Alanagemem. 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. D/B shall provide resident management and contTact 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 of final
construction drawings, from the City and extending through issuance of Notice of Completion
and Acceptance. City staff will perform inspections to verify compliance with the plans,
specifications and contract documents. The D/B resident staff shall ensure construction
compliance with applicable local, state, and federal codes, building and environmental permit
requirements, construction mitigation documents and enforcement of the Contract Documents.
N/A.
7.1.3.1 Records Management. D/B shall implement and maintain an internal records management and
document control system as required to support project operations. The D/B shall provide
records management and document control infonnation in a mannerconststent with the City's
reponing 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. DIB 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-ta-date set of Construction
Documents in the Projects field office at all times during construction that reflect all changes
and modifications.
7.1.4 Site Safe!)'. Security, and Compliance. DIB shall be responsible for site safety, security, and
compliance with all related laws and regulations.
7.1.4. J Persons. D/B shall be fully responsible for the safet)' 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.
7,104.2 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 environrnentJl consequences of the Project construction and shall comply with all related
laws and regulations, including the Clean Air Act of 1970, the Cle;Jn Water Act, Executive
Order number 1 1738, and the Stormwater Management and Discharge Control Ordinance No.
0-17988 ~d any and all Best Management Practice guidelines and pollution elimination
requirements as may be established by the Enforcement Official.
7. I A.3 Risk of Loss. D/B is responsible for the Project, project site, materials, equipment, and all
other incidentals until the Project has been Accepted by the City and shall bear any costs or
expenses associated with the loss thereof or damage thereto, including by theft, fire, or other
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casualties. If a site is constructed over a period excet:ding one year, there may be additional
builders risk insurance for that site.
7.1.5 Public Right-of Way. All work, induding, materials testing, special testing, and surveying to be
conducted in the Public right-of-way shall be coor~inated with the City. N/A.
7.1.5.1 Materials Testing. DIB 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 all surveying required within the Public
right-of-\vuy. NI A.
7.1.5.3 Fonow all Laws, Rules, and Regulations. D/B agrees to follow all City standards and
regulations while \vorking in the Public right of way, including but not limited to, utilizing
proper traffic control and obtaining necessary permits.
7.1.6 Traffic Control. D/B shall address all traffic control requirements for the Project including, if
necessary. separate traffic control plans and/or notes.
7.1.7 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.
7.1.8 Inspections. DfB shall coordinate any and all required inspections, including special inspections, in
such a manner that the progress of construction is not affected or impacted. The D/B shall provide
surveying, and other contracted services as required to complete project construction inspection and
testing tasks. The City vo1ill provide inspection, special inspection, reinspection services, and periodic
building inspections.
7.1.9 Permits. The Parties acknowledge that the construction work to be performed on the Project by DfB in
compliance 'with this Agreement is subject to the prior issuance of building, land development, and/or
public improvement permits paid for by the City and obtained by D/B. In the event that City, or any
other governmental agency, unreasonably refuses to issue the perrnit(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 perrnit(s). City shall, under
such circumstances, pay DIB 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 DfB's receipt of payment in full as described above.
7.1.10 Alaintenance. DIB shall ensure Project is maintained in a clean, neat, sanitary and safe condition free
from accumulation of waste materials or rubbish Prior to Final Completion, DfB 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.
7.1.8.1 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 \vaste 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 (fonnerly Pacific) Waste Services
and may be reached at (6] 9) 421-9400.
7.1.11 Request for b?(ormation ("RFJ"). Parties acknowledge that the RFl process is solely for
correspondence between D/B and its agents; however, DIB shall submit copies of each RFI to City at
the within twenty-four (24) hours of receipt. DlB shall issue responses to RFls. Unless D/B
specifically requests a City response, City will not respond to RFls.
7.1.11 Revic..'u' and Approval. DIB 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 D/B and forward copies of such documents to City for review.
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7.1.13 Royalries alld Olher 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. I .14 Provide City with a Detailed Construction Schedule^~(DCS) on a CD within fifteen (15) working days
after receiving Notice to Proceed with Phase IV, provide updated versions ofDCS on a monthly basis,
and provlde immediate notice of any impact on critical padl items.
ARTICLE VIII. SUBCONTRACTING
8.1 Subcontractin!!.
8.1.1 Design Services. DIB shall perfonn or obtain the prior \\'linen consent of the City to subcontract all
installation services for the Project utilizing qualified, licensed and sufficiently experienced architects,
engineers and other professionals (herein jointly "Design Consultants") as identified in Exhibit C. D/B
shall not be permitted to substitute any installer unless authorized by City.
8.1.2 Construction Services_ DIB shall perform all construction on the Project utilizing subcontractors
procured through a competitive bidding process or its own qualified electrical work forces
appropriately licensed by the California Contractors State License Board or other required agency.
ARTICLE IX. PROJECT SCHEDULE
9.1 Proiect Schedule. D/B 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 A, said Project Schedule shall be
prepared at 90% construction documents and submitted to the City \vith the GMP. Within 15 working days of
receiving a written Notification to Proceed from the City, the DBT shall submit a 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. See above.
9.1.1 DIB's Obligation. Subsequent to the effective date of this Agreement, D/B shall provide, coordinate,
revise, and maintain the Project Schedule for all phases of the Project.
9.1.2.1 During the Project initiation and design phases, the DIB shall submit an updated Project
Schedule to City monthly far approval.
9.1.1.2 During Construction, D/B shall submit an updated Project Schedule monthly to the City and
shall include:
9. I .22.1 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 andJor 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 Format. The Project Schedule shall be substantially similar in detail and fonn to Exhibit A,
or it shall be in the form subsequently agreed to by the Parties.
9_1.4 SubmiuaL Project Schedule shall be submitted to City on a computer, disk in a version of Microsoft
Project
9.2 Proiect Com nlction. D/B acknowledges that all work on the Project under this Agreement wlll be complete
and ready for its intended use by the Project Completion Date, as stated in the Project Schedule.
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 XIII.
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ARnCLE 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 Dare, and Project Completion Date contained herein, unless otherwise specified in
this Agreement. D/B shall perform all Services and \Vork as" expeditiously as is consistent with standard of
care identified in Section 4.I.
10.2 Notification of Delav. If the DIB anticipates or has reason to believe that the performance of Services andlor
Work under this Agreement will be delayed, the DIB 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 DIB shall include a written statement that the time adjustment requested is the entire time
adjustment to which D/B has reason to believe it is entitled as a result of the cause of the delay. An increase in
time for completion does not necessarily mean that D/B is entitled to an increase in GMP. Ifin the opinion of
the City, the 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 Ddav. {f de\ays in the performance of Services or \V ork 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 compens~l.tion. 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 D/B's work; inability to obtain materials, equipment, or labor; required additional Professional
Services; or other specific reasons agreed to between the City and the D/B; provided, however, that: (i) this
provision shall not apply to, and the D/B shall not be entitled to an extension of time, additional costs, or
expenses for, a delay caused by the acts or omissions of the DIB, its consultants, contractors, employees, or
other agents; and (ii) a delay caused by the inability to obtain materials, equipment, or labor shan 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.
10.3.1 Caused by City. IfD/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 tate, D/B will notify City at Project Team meeting and m 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 action1 inaction, deCIsion or direction. D/B
shall provide complete and accurate pricing within ten (10) calendar days of said discovery.
IDA Costs of DelaylLiQuidated Damarres. City and DIB recognize that time is of the essence in this Agreement
and that City will suffer linancialloss 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 DfB agree that D/B
shall pay as liquidated damages (but not as a penalty) for each calendar day of delay beyond the time specified
for Substantial Completion of the Project~ the following amounts which DIB expressly agrees are "not
unreasonable under the circumstances" as defined in California Civil Code ~1671 (b): $100 for each calendar
day. Ljquidated Damages shall not be assessed after the date on which Substantial Completion is achieved. In
lieu of paying damages to the City, the Parties agree that City may choose to reduce the GMP by the amount of
the liquidated damages.
ARTICLE Xl. PROJECT COSTS
11.1 Estimated Cost. The Estimated Cost of all Projects is Four Hundred Eight Thousand Eight Hundred Ninety
Nine Dollars and Seventy Six Cents ($ 408, 899.76) based on Maximum Price for pending approved projects.
The City's obligation under this Agreement shall not exceed the Estimated Cost for design work; 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 e.stablished in this Agreement.
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11.1.1 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 C, attached. The cost incurred by the D/B for a
specific activity or portion of the Project shall not exceed the associated Itemized Cost.
11.2 GMP. At 90% complete construction documents, DIE shall establish a GMP and submit such GMP to the
City for approval.
11.2.1 Not to Exceed Amount. The GMP shall not exceed $ 408,899.76. Any costs incurred by DIE in excess
of said GMP shall be the sole responsibility of the DIE, unless a Change Order is approved by the City
pursuant to Article XIII of this Agreement.
11.2.1.1 Included Costs. In calculating the GMP, DIE shall include costs of the following:
11.2.1.1.1 All Design Consultants, including but not limited to architectural, structural, civil,
mechanical, electrical, communications, graphics and art consultants, landscape
architects, and acoustical, audio visual, lighting, and security consultants.
11.2.1.1.2 Estimating, value engineering and construction management.
11.2.1.1.3 Construction supervision and project management personnel, including but not
limited to superintendents, Project managers, Project secretaries, Project engineers,
Project accountants, and all other 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 DIE
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.
11.2.1.1.5 All Hard Construction Costs.
11.2.1.1.6 DIE Contingency Fund, which shall not exceed 5% of Hard Construction Costs.
11.2.1.1.7 Reimbursable Costs. Example: Utility fees.
11.2.1.1.8 DIE Fixeu Fee for the complete design and construction of the entire Project as
specified in the 90% CD's. .
11.2.1.1.9 No more than $19,000.00 for Design Services.
11.2.1.1.9.1.1 General Conditions. General Conditions included in installation
costs.
11.2.1.I.I0All home-office and field overhead costs of any type including document control
and retention;
11.2.1.1.11All business license costs;
11.2.1.1.12All profit DIE intends to eam under this Agreement.
11.2.1.1.13All direct and incidental costs incurred by D/B, except for those specifically
identified in the General Conditions section.
11.2.1.1.14 Other. N/A.
11.2.1.2 Full Compensation. Unless otherwise expressly provided in this Agreement, Gl'vlP shall be
the maximum amount of compensation to due to DIE for all permitted costs of any type
incurred by D/B in performing all services and obligations under this Agreement.
11.2.2 Itemization. D/B shall provide City with an itemization of the Gl'vlP that reconciles the GMP with the
itemized costs. The itemization shall include the following:
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11.2. L 1 D/B Fixed Fees. The fees charged by the contractor for staff) equipment, office space and
overhead during the tenn of the project.
11.2.1.2 Hard Construction Costs. Hard Construction Costs broken down into cate!!ories for each of
the major trades for the Project, whic.h \~'ilI)nc1ude labor, material expense~, equipment costs,
and a reasonable D/B Contingency Fund. -
11.2.1.3 Bonds, Permits, and Insurance.
11.1.3 Alternate Bid Items. DIB shall prepare, with the cooperation of the City, alternate bid items to assure
that the cost of the Project will not exceed the OMP.
11.2.4 Adjustments 10 G1HP Based on Approved Change Orders. GMP may be changed, increased or
decreased, based on Change Orders approved pursuant to .t\rticle XIII.
11.2.5 Adjuslmeflls Based on Other Cost Increases. GMP may be increased due to: (i) acts of God, acts of any
governmental authority, the elements, \var, 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 DIE. The GMP may be increased by the amount of such increases; however,
if GMP as proposed to be increased shall exceed the Estimated Costs, such change to GMP shall be
subject to approval by City Council.
11.3 Dutv to Advance Costs. D/B shall advance all costs for Project subject to Reimbursement 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/B's, its officers', agents' or employees' failure to perfonn
Work or Services according to the terms of this Agreement, in compliance with the Construction Documents,
and/or Law; or (ii) uninsured losses res,:,lting from the negligence of D/B, its officers, agents, or employees.
11.5 Notification of Increased Costs. If, at any time, the DIB anticipates that the amount expended on the Project
will exceed the Estimated Cost or the GMP, when established, the DIB shall immediately, not more than ten
""(10) Working Days from becoming aware of the potential increase, notify the City in writing. Th.is written
notification shall include an itemized cost estimate and a list of recommended revisions that the p/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
establlshing a revised Project, the cost of which will not exceed the Estimated Cost or GM?, once establish.
11.5.1 City Action. Following consultation with the 0/8, the City may choose to: (i) approve an increase in
the amount authorized for the Project; (ii) delineate a project, which may be constructed for the budget
amount; (iil) any combination of (i) and (ii); or tenninate the Project subject to the termination
provisions in Article XXVH.
ARTICLE XII. PRODUCTS
11.1 Submittals. Prior to the bidding process, D/B shall submit for City approval a list of products intended for use
in the Project. Upon D/B's completion of plans and specifications, City will review and approve products
specified therein. 0/8 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 ofsubminal. Approval is general approval only
and in no way relieves DiB of its sole responsibilities under this Agreement or any and all laws, codes, pem1its
or regulations.
11.1 Substitutions. D/B shal! 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 of D/B's
contractor. City shall review substitution requests within thirty (30) Calendar Days ofsuhmission of such
requests. DIB agrees that City requires Consultant's input and as such D/B shall coordinate a five (5) Working
Day review by its Consultant.
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12.2.1 Substantiare Request. D/B shall include with each substitution request complete data subst3l1tiating
that the proposed substitution confonns to requirements of the Contract Documents.
12.2.2 DIE Representations. By submitting a substitution request, D/B is representing to City all of the
following: (i) D/B has investigated proposed Pfoquctand determined that in all respect the proposed
product meets or exceeds the specified product; (ii) bIB 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 shan waive any claims for additional costs related to the substituted product, unless the
specified product is not commercially available.
12.2.3 Separate Written Request. City will not consider either substitutions that are implied in the product
data submittal without a separate written request or substitutions that will require substantial revision
of construction contract documents.
12.3 Snmnlcs.
12.3.1 Posrage. Samples shall be sent to DIB'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 sball 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.
12.32.2 D/B shaH assign a submittal number. DIB 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.
12.3.2.3 An 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 D/B's agent's, field samples shall be prepared at the site. Affected finish work shall
not commence until DIB or its agents have been given a written review of the field samples.
11.3.3 Not a Release oj Liabili1y. City's review of samples in no way relieves D/B ofD/B's responsibility for
construction of Project in full compliance with all Contract Documents.
12.4 Observe Testinl.!. When appropriate, D/B shall witness testing and review materials and equipment testing
results and provide comments regarding conformance with specification requirements.
ARTICLE XIII. CHANGE ORDERS
13.1 When Required. Change Orders shall be required in the follO\ving instances:
13.1.1 OMP. Any adjustment in GMP.
13.1.2 Conlracl Time. Any adjustment in Contract Time of Completion Date.
13.1.3 Use afContingency Fund. At any time DIB seeks to use the Contingency Fund, irrespective of impact
on the GMP or Contract Time.
13.1.4 City Requests. The City directs DIB 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 Annroval of Chamre Orders. Within five (j) Calendar Days of any event that gives rise to the
need for a Change Order, the D/B shall provide the City with wrinen notice of the need for the same. The
Change Order must indicate whether the change will affect in any way, by increasing or decreasing, the GMP,
Project Schedule, or project quality established during the design and submittal review process. In addition, it
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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 into OrB Fixed Fee, Reimbursable Costs or Hard Construction Costs. DIB shall also provide City
with a realistic estimate oftbe impact, if any, the Change Order will have on the Contract Time.
13.2. I Project A.Janager Approval. If the Change Order request does not result in an increase in the Estimated
Cost, the City Representative shall either approve or reject the Change Order in writing within ten (10)
Working Days of receiving D/B's written notice, provided DIB has submitted complete documentation
substantiating the need for such Change Order. rfCity fails to respond to DIWs written notice within
the ten (l0) Working Days, the Change Order request shall be deemed approved.
12.2.2 City Council 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 resPQnse time provided for in
section 11.3.1.
13.3 Written Aooroval of Chanf!e Orders. D/B shall not proceed on work requested under a Change Order,
absent written approval from the appropriate authority. Any Services or Work, which require t he approval of
a Change Order, perform by D/B prior to approval shall not be reimbursed.
13.4 Failure to Arrrce on Cost of Chanl1c Order or Time. In the event there is any disagreement or dispute
betvieen 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 30.17. DIB shall not have the right to stop or delay in the
prosecution of any services or ~vork, 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, D/B shall continue diligently prosecuting all such services and work.
13.4 Full Compensation. Payment to DIB for Change Orders shall provide full compensation for all equipment,
materials, labor, field and home office overhead, mark-ups, and profit necessary to complete the work. By
executing a Change Order, the D/B or D/B's representative acknowledges that no additional compensation Of
_' claims for items of work listed in the Change Order will be allowed,
13.5 Errors and Omissions, DIS shall not be reimbursed for any costs or expenses of a Change Order resulting
from a design error or omission, DIB's negligence, or the negligence of any afD/B's agents or subagents. D/B
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, DlB's negligence, or
the negligence of any of D/B's agents, or subcontractors.
13.6 City Refusal to Aoorove Chane:e Order. D/B shall not have the right to tenninate this Agreement for the
City's refusal to approve a Change Order pursuant to Sections 12.2.1 or and 12.2.3
ARTICLE XIV. EXTRA WORK
14.1 City Authority to Order Extra Work. City may at any time prior to Project Completion order Extra Work
on the Project. The sum of all Extra Work ordered shall not exceed five percent (5%) of the Estimated Cost at
the time afthe 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 ,,,riting, shall be treated as, and are
subject to the same requirements as Change Orders. DIB shall not be responsible for failure to perfonn
Extra Work, which 'Nas requested in a manner inconsistent with this section.
14.2 Bonds ReQuired for Extra Worl~. 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 perfonned by D/B 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 of ExtTa Work.
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14.4 Markun. 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 \Vork.
ARTICLE XV. CHANGED CONDITIONS
15.1 Chan!!ed Conditions. Changed Conditions shall be addressed as applicable 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, D/B shall provide City with value engineering and Parties will return
Project to within the total Project cost.
ARTICLE XVI. PAYMENT TERMS
16.1 P3vment
16.1.1 Fundsfor Payme11f. DIB shall only be entitled to payment for Services and Work performed under this
Agreement from the funds appropriated for the Project.
J 6.1.2 .Maximum Payment. DIB shall be entitled to payment in an amount not to exceed tile GMP or
subsequently approved increase in GMP. D/B is not entitled to payment for unapproved expenses,
unapproved increases in costs, or other increases caused by D/B negligence, omissions, or f:J.ilure to
seek approval for additional or increased costs.
16.134 Application/or Paymenr. D/B shall subrnitto City a certificate 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 DIB was
has not previously received payment. The Payment Application must include all relevant documents
in accordance with Section 15.1.6. If the City detemlines that all relevant documents have not been
submitted, City shall request that D/B provide additional documentation. DIB 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.
16.1.3.1 Withholding. From each payment, ten percent {l0%) 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 tntendedto 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 andlor 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 oftlle Notice of Completion.
16.1.4.2.1 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 confonned copy delivered to the City.
16.1.3.3 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 30.17. 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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16.1.3.4 Cutoff for Submission of Reimbursement Requests. DIE shall submit all Reimbursement
Requests within six (6) months of the date on which Final Completion occurs and City
accepts the Project. Any Reimbursement Request submitted after the Cutoff Date shall not be
reviewed or included in Reimbursable Cost.
16.1.4 Verification ofReimbllrsement Reqllest. D/B shilll supply documentation to support the
Reimbursement Request including, but not limited to, proof that all mechanic liens have been released,
copies of invoices received and copies of cancelled checks, substitute checks, or image replacement
documents showing that payment has been made in connection with the Reimbursement Request in the
Following manner:
16.1.4.1 D/B shall submit two (2) copies ofa Reimbursement Request (cover Jetter, invoice, and
documentation) to the City.
16. I .4.1 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.
16.1.4.4 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.
16.1.5 Non-reimbursable Costs. Except to the extent that City expressly assumes the risk of 1055 under this
Agreement, City shall exclude from the amounts payable to D/B 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 expenditure that has not been
approved by the City in the manner required by this Agreement or the City Charter and rules,
regulations, or laws promulgated there-under.
ARTICLE XVII. INSPECTION
17.1 -Insnection Team. The Project shall be inspected by a team composed of, at a minimum, the following: L)
representatives of the City, ii.) representative ITom D/B's Design Team, iii.) the Construction Manager. and
iv. Representative, (Hi) DIB's Consultant{s), and (e) the DIE's construction superintendent (Inspection Team]
17.2 Inspection Sta!!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 the "Special Inspections" provision, (Hi) bi-weekly.
17.3 Access. Ciry, 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. DfB shall provide them proper and safe conditions for such access
and advise them afD/B's safety procedures and programs so that they may comply.
17.4 Additional Inspections. 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 an 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 ::md five (5) days notice for off-site
inspection.
17.6 Costs of Inspection. Unless othenvise specified, the cost of inspection and testing will be borne by the City.
Any expenses associated with re-inspection shall be borne by D/B.
17.7 Concealina Work. Prior to concealing work, D/B shall obtain approval of work [Tom 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 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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17.8 Defective Work. In the event such inspections artests reveal non-compliance with the requirements of the
Construction Documents or defective work. the provisions and process of Artic1eXXlI shall apply.
17.9 Not a Waiver of Obligations. Neither observations by the City nor inspections, tests, or approvals by City or
others shall relieve DIB from D/B's obligations to perform the V-lark 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 XVIII. PROJECT COMPLETION
18.1 Notice to Citv. When DIB determines that the Project is complete, D/B shall notity 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 Documents, all applicable building codes
and regulations, all permits, licenses, and certificates of inspection, use and occupancy, and ordinances relating
to the Project.
18.1 Walli-Throuf!h Insnection. A preliminary Walk-Through Inspection shall be conducted by City within ten
(Ia) Working Days following DIE's notice to City of completion ("Walk-TIlrough Inspection"). The Walk-
Through Inspection \vill be conducted by the Inspection Team identified in Article XVII, SectIon 16. L
18.2.1 Punch List. A Punch List, if necessary, shall be prepared by City during the Walk-Through Inspection.
The Punch List shall be presented to DIB by the RE within three (3) Working Days ofthe Walk-
Through Inspection. D/B 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.:2.1 Failure to Identijj' Jrems. As to any items not included on the Punch List or later discovered, nothing
in this section is intended to limit O/B's obligations under this Agreement and City will maintain all
remedies availab1e under this Agreement and the law.
18.3 EQuinment Demonstration. Prior to fi!1a1 inspection, D/B shall demonstrate to City the operation of each
system in the Project, and instruct City personnel in operation, adjustment and maintenance of equipment and
systems, using the operation and maintenance data.
-18.3.1 Startup. TIle DIB shall supervise, manage, and coordinate all project startup and testing activities for
mechanical systems within the provisions of the project Contract Documents.
18.3.2 Reporting. The D/B shall report progress of project startup and testing to the City in a manner
consistent with the City's reporting system.
18.4 Final Insnection. Provided OiB 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 Dw.)'s of the Notice of Correction.
ARTICLE XIX. PROJECT ACCEPTANCE AND FINAL COMPLETION
19.1 Acceptance. Upon approval by the Inspection Team during the Final Inspection that Project improvements are
complete and that work required on the Punch List has been finished, City shall accept the Project
C' Acceptance''). Upon Acceptance, D/B shall do all of the following:
19.1.1 Notice of Completion DIE shan 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 Materia! Releases. DIB 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 ofCiry which shall not be unreasonably withheld, provide bonds in lieu of lien and
material releases In a fonn reasonably acceptable to City for all such \~rork.
19.2 Final Comnletion. Final Completion of the Project shall be deemed to occur on the last date of the fo110wing
events: (i) recordation of the Notice of Completion with a confonned copy to City; (ii) submission of all
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documents required to be supplied by D/B to City pursuant to this Agreement, including As-Built Drav','ings,
warranties, and operating and maintenance manuals; or issuance of a final certificnte of occupancy.
As-Builts. 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, OrB shall submit a mylar set and three
(3) final blueIine sets of As~Builts stamped by the architectiengineer of record as required by Jaw,
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 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 ofa shop drawing or sample
submittal, will constitute an acceptance of work, \vhich is not in accordance with the Contract Documents.
19.2.1
ARTICLE XX. PROJECT DELIVERABLES
20.1 Proiect OeIiverables. Prior to Acceptance, D/B shall deliver all of the following to the City in the fonnat
required:
20.1.1 As-BuillS. D/B shall provide As~Builts in 3 sets of paper and electronic format (pdf) or CAD files on
CD disks. As necessary.
:W.l.l.I 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 detennined by City, both
concealed and visible. D/B shall clearly identify the item by accurate note such as "cast iron
drain," galvanized water, etc. D/B shall clearly show, by symbol or note, the vertical location
of the item ("'under slab'\ .'in ceiling", ~'exposed", etc.), and make all identification
sufficiently descriptive that it may be related reliably to the specification. D/B shall
thoroughly coordinate all changes on the As-Builts making adequate and proper entries on
each page of specifications and each sheet of drawings and other documents where entry is
required to properly show the change.
20.1.l.2 D/B shall include all of the following on the As-Builts:
20. L 1 0.2.1 Depth of foundation in relation to finished first floor.
20. 1.1 O.1.2Horizontal and vertical locations of underground utilities and appurtenances, with
references to pennanent surface improvements.
20, 1.1 0,1.3 Locations of internal utilities and appurtenances, with references to visible and
accessible features of the structure,
20.1.10.2.4Field changes ofdirnensions and details.
20.1.1 0.2.5Changes 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.
20,1.1 O.2.6Details not issued with original Construction Drawings, designJbuild plans
deferred approvals, etc.
10.1.1 0.2.7Upon completion of work, obtain signature of licensed surveyor or civil engineer
on the Project record set verifying layout information.
20. I.I0.2.8Show locations of all utilities on-site \yith size, and type of pipe, if different than
specified, and invert elevations ofptpe at major grade and alignment changes.
20. 1.1 0.2.9The title "PROJECT RECORD" in 3/8"letter$.
20.1.10.3 DIB shall maintain a set of As-Builts at the Project site for reference. D/B shall ensure that
changes to the As-Builts are made within twenty-four (24) hours after obtaining infonnation.
Changes shall be made with erasable colored pencil (not ink or indelible pencil), shall clearly
describe the change by note (note in ink, colored pencil or rubber stamp) and by graphic line,
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shall indicate the date of entry, shall circle the area or areas affected and, in the event of
overlapping changes, use different colors for each change.
20.1
.11 Operation and AIaintenance Alanuals. D!B shall submit all Operation and Maintenance manuals
prepared in the followIng manner:
;
20.1.11.1 In triplicate, bound in 81h x 11 inch (216 x 279 mm) three~ring size binders with durable
plastic covers prior to City's Final Inspection.
20. L 11.2 A separate volume for each system, including but not limited to, mechanical, electrical,
plumbing, roofing, irrigation, and any other system as detcnnined by City, with a table of
contents and index tabs in each volume as follows:
20.1.11.1.1 Part 1: Directory, listing names, addresses, and telephone numbers ofD/B's
agents, suppliers, manufacturers, and installers.
20, 1.11.2.2Part 2: Operation and Maintenance Instructionsl arranged by specification
division or system. For each specification division or system, provide names,
addresses and telephone numbers of D/B's agents, suppliers, manufacturers, and
installers. In addition, list the following: (i) appropriate design criteria; (ii) list of
equipment; (iii) parts list; (Iv) operating instructions;(v) maintenance instructions,
equipment; (vi) maintenance instructions, finishes; (vii) shop drawings and
product data; and (viii) warranties.
20.2 Ovrnershin of Proiect Deliverables. Upon Final Completion or Tennination, Project Deliverables shall
become the property of the City. DIB and City mutually agree that the Contract documents for the Project
shall not be used on any other work without the consent of each Party. Assemble and deliver to City upon
Final Completion all records, documents, warranties, bonds, guarantees, maintenance! service contracts, and
maintenance and operating manuals
ARTI CLE XXI. WARRANTIES
21.1 Warranties Required. D/B 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 AIalerials and WorJ...manship. D/B shall guarantee, and shaIl 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 ofProject~s Final Completion. DIB shall replace or repair any such defective work
in a manner satisfactory to City, after notice to do so from City, and \yithin th.e time specified in the
notice.
21.1.2 New A.faterials 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 otherwise specified.
21.13 Design, Construction. and Other Defects. D/B shall warrant and guarantee, and shall require its agents
to warrant and guarantee to City that all work is in accordance with the Plans and Specifications and is
not defective in any way in design, construction or otherwise.
21.2 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 format specified in this section, modified as approved by City to suit the
conditions pertaining to the warranty.
11.1.1 Durable Binder. Obtain warranties, executed in triplicate by D/B, D/B's agents, installers, and
manufacturers. Pr?vide Table of Contents and assemble in binder with durable plastic cover.
21.1.2 Table a/Contents. All warranties shall be listed and typewritten in the sequence of the Table of
Contents of the Project manual, vdth each item identified with the number and title of the specification
section in which specified, and the name of product or work item.
1: J .2.3 InJe.:r Tabs. Separate each \\'arrant}' with index tab sheets keyed to the Table of Contents listing.
T
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2L2.4 DetaiL Pwvide full information, using separate typewritten sheets, as necessary. List D/B's agents,
installer, and manufacturer, with name, address and telephone number of responsible principal.
21.2.5 Warranty Starr 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~\'arranty open until the date afFinal Completion.
. .
21.2.6 Sig/wlure and Notarizatiol1. All warranties shall be signed and notarized. Signatures shalI be required
ITom DIB'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 term often
(10) years from the dare of Final Completion.
21.3.1 PlanlS, Trees, and Shrubs. Not withstanding above, all shrubs and ground cover shalf have a ninety
(90) Calendar Day warranty period and trees shall h;Jve a one (I) year warranty period. All plant
warranties shall commence from the date afFinal Completion. N/A.
21.4 Meetine:s. During the ten (l 0) year warranty period described in Section 11.3, D/B shall meet, and shall
require its design Consultant, construction contractor, and key subcontractors to meet, with the City
representatives, on a monthly basis, if requested by City. This meeting shall be held to discuss and resolve any
problems that City discovers in design, construction, or furnishing, fixtures, and equipment of the Project
during the ten (10) year warranty period.
21.5 Warranty Insne1::tion. 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 shaH be reponed to the City.
ARTICLE XXII. DEFECTIVE WORK
22.1 Corrcction. 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 Wark, 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 ifit has been rejected by City, remove it from the site and replace
it with non-defective and conforming work.
22.1 .City's Ri!rht to Correct. If circumstances ,,,arrant, including but not limited to an emergency o~ D/B'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 shall reimburse the City for all City's
costs, whether direct or indirect, associated with the correction or removal and replacement.
00 ^
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Non-Reimbursable Costs. All costs incurred by DIB or DIB's agents to remedy defects are non-reimbursable
costs. Ifthe City has already reimbursed the DfB 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's
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 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.
NIA.
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 law.
22.6 Disoutes. If D/B and City are unable to reach agreement on disputed work, City may direct DiE to proceed
with the work and compensate DIE 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 30.17
shall be followed. D/B shaH maintain and keep all records relating to disputed work for a period of three (3)
years in accordance with Article XXVIII.
ARTICLE XXIII. MAINTENANCE OF LANDSCAPING & IRRIGA nON WORK
23.1 Maintenance Period. If D/B is required to instal! or maintain landscaping and/or irrigation, DIE shall provide
a maintenance period which shall begin on the first day after all landscape and irrigation work on the Project is
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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, whichever is longer.
N/A.
23.2 Mainten3nce Area. DIB or D/B's Contractor shall mai~tajn all involved areas of the Project. NfA.
23.3 M3intenance Required. DIB or D/B's Contractor shall conduct regular planting maintenance operations
immediately after each plant is planted. Plants shat! 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 DIB's Contractor shall replace all plants found to be dead Dr in an impaired condition within
fourteen (14) days. Maintenance shall also include the following: (i) Filling and replanting of any low areas
which may cause standing water; (ii) Adjusting of sprinkler head height and watering pattern; (iii) Filling and
recompaction of eroded areas; (iv) Weekly removal of trash, litter, clippings and foreign debris; (v) Inspecting
plants at least twice per week; (vi) Protecting all planting areas against traffic or other potential causes of
damage. NI A.
23.4 Landscane and Irricr<ltion InsDection. At the conclusion of the maintenance period, City shall inspect the
landscaping ~nd irrigation to determine the acceptability of the "vork. including maintenance. This inspection
shall be scheduled with two (1) 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 final inspection, whichever comes last. The City v.:ill notify DIB of all deficiencies revealed by the
inspection before acceptance. NI A.
23.5 Extension of Maintenance Period. D/B shall extend completion of the maintenance period when, in City's
opinion, improper maintenance andlor possible poor or unhealthy condition of planted material is evident at the
tennination of the scheduled maintenance period. DIB 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
duri.ng the Maintenance Period are not Reimbursable Costs. N/A.
23.6 Replacement. Plants found to be dead or not in a vigorous condition, or if root balls have been damaged,
.-within the installation, maintenance and guarantee periods, shall be replaced within fourteen (14) Working
Days of notification by City. D/B shall include, at DIB's or D/B's Contractor's expense, a timely \vritten
diagnosis of plant health by a certified Arborist, should a dispute arise. Arborist's report snail indicate renson
for lack of vigor, potential remedies, ifany, and estimate of time required to regain vigor and specified size.
N/A.
23.6.] 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 originally specified. Cost of all repair work to exisring
improvements damaged during replacements shall be borne by DIB and shall not be Reimbursable
Costs. N/ A.
ARTICLE XXIV. BONDS
24.1 PaYment Bond. D/B shall provide or require its Construction Contractor to provide City \\'ith a Payment
(material and labor) Bond in favor of City for one hundred percent (100%) ofrhe Hard Construction Costs.
24.2 Performance Bond. DiB shall provide or require its Construction Contractor to provide City with a Faithful
Perfonnance Bond in favor of the City for one hundred percent (l00%) of the GMP.
243 Term. The Payment Bond shall remain in full force and effect at least until the Project is accepted by the City
and all claims forrnaterials 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 ftling date of the Notice ofComplerion. (::md
Acceptance, at which time it will convert to a ten percent (1 DOlo) \\'arranty bond. which shall remain in place
until We end of all warranty periods set forth in this Agreement. N/A)
24.4 Certificate of A2:encv. All bonds signed by an agent must be accompanied by a certified copy of such agent's
authority to act.
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24.5 Licensim! and Ratine. 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 \vhich 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 limi.tation is sufficient to issue bonds in the amount required by
this agreement and which also satisfy the requirements state a 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 Attorney.
24.6 Insolvencv or Bankruntcv. lfthe 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 XXV. INDEMNITY & DUTY TO DEFEND
25.1 Indemnitv Defense and Hold Harmless - General Reauirement. Except for liability for Professional
Services covered under Section 14.2, D/B shall defend,. indemnifY, protect and hold harmless the City, its
elected and appointed officers and employees, from and against any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful
death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct
ofDIB, 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,. liabi1ity, 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
fTom, 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 ofthe OIB, its employees, agents or officers, or any third party,
25.2 Professional Services. For those professionals who are required to be licensed by the state (e.g. architects,
landscape architects, surveyors and engineers) ("Design Professionals"), Design Professionals shall defend,
indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and hannless from
any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or
equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating
to any negligence, errors or omissions, recklessness, or willful misconduct of Design Professional, its officials,
officers, employees, agents, DlBs, and contractors arising out of or in connectjon 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.
25.3 Indemnification for Liens and Stop 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. D/B shall be responsible for payment of all persons entitled to assert liens and stop notices.
25.4 Indemnification for Hazardous Materials. DIB 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 atiomey fees, foreseeable or unforeseeable, directly or indirectly, arising from or related to the
Hazardous Materials identified in the Phase I or Phase 11 Reports, if any, conducted pursuant to Article V.
D/B's indemnity shall survive the close of escro\v, Seller expressly preserves its rights against other parties
and does not release, or \vaive its rights to contribution against, any other party_ N/A~
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25.5 Costs of Defense and A\V3rd. Included in the obligations in Sections 24.1 through 24.4, above, is the D/B's
obligation to defend, at D/B's Q\'vTI 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 andlor 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 an
legal expense and cost incurred by each of them in connection therewith.
25.6 Insurance Proceeds. DIB's obligation to indemnify shall not be restricted to insurance proceeds, ifany,
received by the City, its directors, officials, officers, employees, agents, and/or volunteers. N/A.
25.7 Enforcement Costs. DIB agrees to pay any and all costs City incurs enforcing the indemnity and defense
provislons set forth in this Article XXV. N/A.
25.8 Survival. Consultant's obligations under this Article XXV shall survive the termination of this Agreement.
ARTICLE XXVI. INSURANCE
26.1 GeneraL DIB 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.
262 Tvnes of Insurance. At all times during the term of this Agreement, DIB shall maintain insurance coverage as
follows:
26.2.1 Commercial General Liability. Contractor shall provide at its expense a policy or policies of
Commercial General Liability (CGLJ Insurance written on an ISO Occurrence fonn CG 0001 0798 or
an equivalent form providing coverage at least as broad and which shall cover liability arising from
premises and operations, XCV (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 "insured vs. insured" claims or contractual liability. Contra~tor 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 one million dollars ($1,000,000) per
occurrence for Bodily Injury, Personal Injury, or Property Damage. lfCommercial 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 Commercial Automobile Liability. For all ofD/B's automobiles used in conjunction with tIle Project
including owned, hired and non-owned automobiles, D/B shall keep in full force and effect, a policy or
policies of Commercial Automobile Liabilil)' Insurance written on an ISO form CA 00 01 1290 or a
later version of this form or equivalent form providing coverage at least as broad in the amount of one
million dollars ($1,000,000) combined single limit per occurrence, covering bodily injury and property
damage for owned, non-owned and hired automobiles ['<Any Auto"]. All costs of defense shall be
outside the policy.
26.2.3 Architects and Engineers Professional Liability. For all ofDiS's employees who are subject to this
Agreement, DIB shall keep in full force and effect, or D/B 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. D/B shall ensure both that (i) this policy retroactive d<lte is on
or before the date of commencement of the Project; and (ii) this pDlicy has a reporting period of three
(3) years after the date of completion or termination of this Agreement. DlB agrees that for the time
period defint::d above, there will be no changes or endorsements to the policy that increases the City's
exposure to loss.
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26.2.4 Excess Liability. D/B shall provide Excess Liability Insurance affording one million dollars
($1,000,000) [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.
262.5 Contractors POl/utiOH LiabWty. lfthe DiE or its Contractors' Work includes cleanup, removal,
storage, or other\'v1se handling of hazardous or toxic chemicals, materials, substances, or any other
pollutants, Contractor shall provide at their expense Contractors Pollution Liability Insurance
appropriate to cover such activities in an amount not less than $3,000,000 Combined Single Limit per
occurrencelaggregate for bodily injury, property damage and remediation.
26.2.5.1 Claims made policies wiII include a five (5) year Extended Claims Discovery Period
applicable to this Agreement, if reasonably available.
26.2.5.2 The policy for this insurance shall include Contractual Liability coverage. Such policy shall
be endorsed to specifically provide for Work performed under the Agreement.
26.2.5.3 TIle DIB or its Contractors of any tier shaH 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 DIB 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.
26.2.6 Hazardous Transporters Pollution Liability. If the D/B's or its contractors! Work includes
transportation of hazardous or toxic chemicals, matedals, 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 $3,900,000 Combined Single Limit per occurrence/Aggregate for bodily
injury, property damage and remediation.
26.2.6.1 Claims Made policies will include a five (5) year Extended Claims Discovery Period
applicable to this Agreement, ifreasonably available.
26.2.6.2 Such policy shal1 be endorsed to specifically provide coverage for Work perfonned under
this Agreement. The DIE 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 D/B, and any upper tiered
contractor are named additional insureds.
26.2.6.3 The policy or Certificate must plainly designate the name of the Project, name of the
Disposal Site, and the permits secured for its disposal. TIllS Certificate must be furnished to
the City, evidencing compliance with the outlined requirements, prior to 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 D/B or Contractor from their obligations under
this Section.
26.2.7 Worker's Compensation. For all ofD/B's employees who are subject to this Agreement and to the
extent required by the State of California, DiB shall keep in full force and effect, a Workers'
Compensation Insurance and Employers' Liability Insurance to protect D/B against all claims under
applicable state workers' compensation laws. The City, its elected officials, and employees will not be
responsible for any claims in law or equity occasioned by the failure of the D/B to comply with the
requirements of this section. That policy shall provide at least the statutory minimums of one million
($1,000,000) for Bodily Injury by Accident for each accident, one million dollars (S 1 ,000,000) for
Bodily Injury by Disease each employee, and a one million dollars ($1,000,000) for Bodily Injury by
Disease policy limit.
26.2.7.1 Prior to the execution of the Agreement by the City, the D/B shall me the following signed
certification:
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"I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for worker's compensation or to undertake self-
insllrance, in accordance with the provisions of that code, and I will comply \vith sllch
provisions before commencing the performance of the work of the Contract."
26.2.8 Buj}der's Risk. To the extent commercially available, the City shall provide a policy of"a1l risk"
Builders Risk Insurance. DIE shall add City and its respective elected officials, officers, employees,
agents, and representatives to the policy as loss payees, to the extent such insurance is commercially
available. Coverage will be provided for the Replacement Cost of Materials, Equipment and Fixtures
destined to become a permanent part of the structure, and co'verage will include Property in Transit and
Property in Offsite Storage. DIB shall also add its construction contractor, and the construction
contractor's subcontractors to the policy as additional named insureds or loss payees, to the extent their
interest may appear. The limit for this policy shall be a minimum of$ 408,899.76 (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 shall expire at the time such insured property is occupied
by City, or a Notice of Completion is filed, whichever occurs first. Contractor and its Subcontractors
will be solely responsible for any loss or damage to their personal property, including contractor's
tools and equipment owned, used, leased or rented by the Contractor or Subcontractor.
26.3 Ratino ReQuirements. Except for State Compensation Insurance Fund, all insurance required by express
provision of this Agreement shan be carried only by responsible insurance companies that have been given at
least an "A" or "A-" and "V" rating by AM BEST, that are authorized by the California Insurance
Commissioner to do business in the State of California, and that have been approved by the City.
26.3.1 Non-AdmilfedCar/'iers. The City will accept insurance provided by non.admitted, "surplus lines"
earners only if the carrier is authorized to do business in the State of Cali Fomia and is included on the
List of Eligible Surplus Lines Insurers [LESLllist] with a CUlTent AM BEST rating of no less than
A:X.
26.4 Endorsements Required. Each policy'required under Article XXVI, section 25.2 of this Agreement shall
expressly provide, and an endorsement shall be submitted to the City, that:
: 26.4.1 Additionallf7SlIreds. Except as to Architects and/or Engineers professional liability insurance and
Workers Compensation, the City of Chula Vista and its respective elected officials, officers,
employees, agents, and representatives shall be named as additional insureds.
26.4.1.1 Commercial General Liability. The policy or policies must be endorsed to include as an
Additional Insured the City ofChula Vista and its respective elected officials, officers,
employees, agents, and representatives. Liability Additional Insured Endorsement must be
provided on ISO lonn CO 10 I 0 (11/85) or equivalent, specifically, coverage afforded City
must be Primary and must not exclude Completed Operations. The coverage for Projects for
which the Engineer's Estimate is one million dollars (Sl,OOO,OOO) or more shall include
liability arising out of: (i) Ongoing operations performed D/B or on DIB's behalf, (ii) D/B's
products, (iii) D/B's work, including but not limited to completed.operations perfonned by
D/B or on D/B'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 perfonned by D/B
or on D/B's behalf, (ii) D/B's products, work, including but not limited to completed
operations perfonned by D/B or on OIB's behalf, or (iii) premises owned, leased, controlled,
or used by you; Exccpt 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 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 oftlle Insured and
the active negligence of the City of City ofChula Vista and its respective elected officials,
officers, employees, agents, and representatives that is not covered because of California
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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 pennitted by California [nsurance Code Section I 1580.04.
26.4.1. I Commercia! Automobile Liability Insurance. Unless the policy or policies of Commercial
Auto Liability Insurance are written on an->150 fonn CA 00 01 1290 or a later version of this
form or equivalent fonn providing coverag~ at least 3S broad, the policy or policies must be
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 O\vned, Jeased, 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 ofChulu 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 tIle 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 Cali fomi a Insurance Code Section 11580.04,
the insurer's obligation to the City ofChula Vista and its respective elected officials, officers,
employees, agents, and representatives shall be limited to obligations pennitted by California
Insurance Code Section I I 580.04.
26.4.2 Primm)' and Non-Contribll101)'. The policies are primary and non-contributing to any insurance IX
self-insurance that may be carried by the City of Chula Vista, its elected officials, officers, employees,
agents, and representatives 'with respect to operations, including the completed operations if
appropriate, of the Named Insured. Any insurance maintained by the City ofChu]a Vista and its
elected officials, officers, employees, agents, and representatives shall be in excess ofD/B's insurance
and shall not contribute to it.
_-26.4.3 Waiver a/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 Aggregate Limit. The CGL pOlicy or policies must be endorsed to provide a
Designated Construction Project General Aggregate Limit that will apply only to the Work performed
under this Agreement. Claims payments not arising from the Work shall not reduce the Designated
Construction Project General Aggregate Limit. The Designated Construction Project General
Aggregate Limit shall be in addition to the aggregate limit provided for the products-completed
operations hazard.
26.4.5 IVrWen Notice. Except as provided for under California law, the policies cannot be canceled, 000-
renewed or materially changed except after thirty (30) Calendar Days prior written notice by D/B to
the City by certified mail, as reflected in an endorsement which shall be submitted to the City, except
for non-payment of premium, in which case ten (10) Calendar Days notice shall be provided.
26.4.3,1 The words ;'will endeavor" and abut failure to mail such notice shall impose no obligation or
liability of any kind upon the compan)', its agents, or representatives" shall be deleted from
all certificates.
26.4.6 Additional Insurance. D/B may obtain additional insurance not required by this Agreement.
26.4.7 Prior (0 Starting Work. Before performing any work, D/B shall provide the City with al! Certificates
of Insurance accompanied by all endorsements.
26.5 Subcontractors. All coverages for subcontractors or subconsultants shall be subject to all of the requirements
stated herein. Subcontractors and Subconsultants shall be protected against risk of loss by maintaining
insurance in the categories and at the limits required herein. Subcontractors and Subconsult:mts shall name
City and D/B as additional insureds under its policies.
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26.6 Oblif!ntion to Provide Documents. The DIB 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 shan 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 DIB and its Contractors shall cooperate fully with and piOvide 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 0/8.
26.7 Deductibles/Self Insured Retentions. All deductibles and self-insurance retentions on any policy shall be the
responsibility afD/S. Deductibles and self-rnsurance retentions shall be disclosed to and approved by the City
at the time the evidence of insurance is provided. At the option of the City, either: the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and
volunteers; or the OIB shall provide a. financial guarantee satisfactory to the City guaranteeing payment of
losses and related investigations, claim administration and defense expenses.
26.8 Polin' ChanGes. 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 Ri2hts. 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.
26.10 Not a Limitation of Other ObIif!ations. Insurance provisions under this section shall not be construed to
limit the D/B's obligations under this Agreement, including Indemnity.
26.11 Material Breach. Failure to 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 XXVII. TERMINA nON/SUSPENSION 01' WORK
27.1 Suspension of Work for Archaeolo!!ical and/or PaleontololTical Discoveries. Ifa discovery is made of an
archaeological or paleontological interest, D/B shall immediately cease operations in the area of the discovery
and shall not continue until ordered by City. When resumed, operations within the area of the discovery shall
be as directed by City.
27.1.1 Discoveries which may be encountered may include, but are not be limited to, dwelling sites, stone
implements or other artifacts, animal bones, human bones, fossils or any item with cultural
significance_
27.1.2 DIB shall be entitled to an extension of time and compensation in accordance with the provisions of
this Agreement.
27.2 Terminntion of A2reement bv City for Cause. If, through any cause, DIB shall fail to fulfill in a timely and
proper manner D/B's obligations under this Agreement, or if DIB shall violate any of the covenants,
conditions, agreements or stipulations of this Agreement, City shall have the right to tenninate this Agreement
by giving written notice to D/B ofsuch tennination and specifying the effective date thereofat least five (5)
Calendar Days before the effective date of such termination.
27.3 Termination or Suspension for Convenience bv City. City may temlinate or suspend this Agreement at any
time and for any reason, by giving specific wrinen 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 A2Teement bv D/B. O/B may tenninate the Agret:ment upon ten (10) days written notice to
City, whene\ier either Qfthe following occur:
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27.4.1 Pr~iect Suspension. [fthe Project has been suspended under the provisions of Section 26.1 or 16.3, 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 ITom City within this time period; or,
27.4,2 Fai/lIre to Pay Amounts Due and Nor in Displlle. If City fails to pay DrB 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, aner presentation to City by DIB of a
request therefore.
27.5 DIB Action Reauired. Upon receipt of the Notice of Termination, D/B shall tJ.ke 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 ofD/B and in which City has or may acquire an interest.
27.6 Possession. Ownershin. 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., drawing.s,
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.
17.7 Citv Ri!!ht to Comolete Proiect. In the event that the Agreement is terminated pursuant to this Article
XXVII, City may take possession of the Project and may complete the Project by whatever method or means
City may select.
27.7.1 ET:cess 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 Payment to D/B Due to Termination. Upon termination, D/B shall be entitled to receive just and equitable
compensation for satisfactory ';\/ork completed. In no event shall such amount exceed the total dollar amount
authorized by City, reduced by the amount ofpayrnents previously made and any deductions permitted herein.
The fair and reasonable amount shall be determined in good faith by City considering the following:
27,8.1 The price for completed services accepted, including any retention, by City not previously paid.
-27.8.2 The costs incurred in the performance of the Project terminated, including initial costs and preparatory
expense allocable thereto. These costs are only for Work completed and accepted by the City based on
an audit of all Contractors ~ bills of materials and the timecards for Work actually performed.
27.8.3 A portion of the DfB 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.
27.8.4 DIB and Design Subcontractor services through the date of termination based on actual time spent as
documented on timecards. Expenses shall be paid based on invoice and receipts provided by D/B.
27.8.5 Any amounts for Work or Services agreed to by the City Manager and D/B, but without duplication of
any amounts agreed to above.
27.8.6 Reasonable demobilization costs, to the effective date of such termination.
27.8.7 Iftennination occurs during Phase 1, II. or HI, DIB shall only be entitled to the Fees for Phases I, II, or
III, associated therewith, or the respective portion thereof.
27.9 Lost Profits. Under no circumstances will DIB be entitled to any consideration for lost profit or lost
opportunity costs.
:27.10Deductions. The amoun~ due D/B shall be reduced by amounts including the following:
26.10,1 Any claim that City has against DlB under this Agreement.
26.10.2 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.
'')
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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 shaIl exclude from the amounts payable to OIB, the fair value, as
detennined by the City Manager, of property th~! is/destToyed, lost, stolen, or damaged so as to
become undeliverable to Cit)'.
27.11 Disputes. IfDiB does not agree that the amount determined by the City Manager is fair and reasonable. D/B
shaH 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.
.27.12 Wain:r of Claims. In the event of termination under this Article XXVII, failure of D/B to dispute amounts
paid in the manner and within the tlmeframe provided in Section 26. J I shalI act as a waiver of any and all
claims for damages or compensation arising under this Agreement for any and all Work and Services
perfonned under this Agreement up to the effective date of Notice of Termination. D/B hereby expressly
acknowledges and agrees that such claims shall be waived as herein provided.
27.13Ri2"hts of Citv Preserved. In the event that the Agreement has been terminated, tbe tennination shall not
affect any rights or remedies of City against DIE then existing or \",hich may thereafter accrue. Any retention
or payment of moneys due D/B by City will not release D/B from liability. it is a~reed that termination
hereafter wiII not in any way release, waiver, or abridge any rights the City has against O/B's perfonnance
bond surety.
ARTICLE XXVIII. RECORDS AND AUDITS
28.1 Record Svstem - Reimbursellble Costs. D/B shall develop and maintain an accurate system for tracking all
Reimbursable Costs. Utilizing this system, D/B shall include with each month payment application an
itemization of all such Reimbursable Costs actually incurred by D/B, during the previous month. Ifrequested
by the City, D/B shall provide all backup documentation supporting such Reimbursable Costs.
28.2 Record Svstem - Hard Construction Costs. D/B shall develop and maintain an accurate system for tracking
all Hard Construction Costs it incurs on the Project. Utilizing this system, D/B shall include with each
_monthly application for payment an itemization of all Hard Construction Costs actually incurred by DIB during
the previous month.
28.3 Retention of Records. DIB. contractors, and subcontractors shall maintain data and records related to this
Agreement for a period ofoot less than three (3) years following receipt affinal payment under this Agreement
or three (3) years following final settlement associated with the termination of this Agreement pursuant to
Article XXVII, above.
28.2 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, D/B and any or all Contractors or subcontractors
shall make available to the City for examination at reasonable locations within the CitylCounty of San Diego
all of the data and records with respect to all mCltters covered by this Agreement. D/B and all contractors or
subcontractors will permit the City to make audits of all invoices, materials, payrolls, records of personnel, and
other data and media relating to all matters covered by this Agreement. 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 the records
associated with this Agreement at the location where the records are maintained. Such costs will not be
Reimbursable Costs.
28.2.1 Costs. D/B and DIB's agents shall allow City to audit and examine books, records, documents, and any
and aU evidence and accounting procedures and practices that City determines are necessary to
discover and verify all costs ofv,,'hatever nature, which are claimed to have been incurred, anticipated
to be incurred. or for which a claim for additional compensation or for Extra \\fork have been
submitted under tJlis Agreement.
ARTICLE XXIX. NOTICES
29.1 Writim!. Any demand upon or notice required or permitted to be given by one Party to rhe other Party shall be
in writing.
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29.2 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
effective; (i) on personal delivery, (ii) on the second business day after mailing by certified or registered U.S.
Mail, return receipt requested, (iii) on the succeeding business day arrer mailing by Express I'vlail or after
deposit with a private delivery service of general use (e.g., Federal Express) postage or fee prepaid as
appropriate, or (iv) upon successful transmission of facsimile.
29.3 Recipients. Except in relation to Change Orders, all demands or notices required or permitted to be given
shall be sent to all of the following:
29.3.1 Jerry Wietsz, American Power Solutions
29.3.2 City ofChula Vista - Gordon Day, Project Manager
29.3.3
29.4 Recioients ofChan2:e Orders.
29.4.1 Jerry Weitsz, American Power Solutions
19.4.2
29.4.3
29.5 Chanoe of Address(es). Notice of change of address shall be given in the manner set forth in this Article.
ARTICLE XXX. MISCELLANEOUS PROVISIONS
30. ) Headin2s. All article headings are for convenience only and shall not affect the interpretation of this
Agreement ."
30.2 _ Gender & Number. Whenever the context requires, the use herein of (i) the neuter gender includes the
masculine and the feminine genders and (ii) the singular number includes the plural number.
30.3 Reference to Para2:raohs. Each reference in this Agreement to a section refers, unless otherwise stated, to a
section in this Agreement.
30.4 Incorooration of Recitals. All recitals herein are incorporated into this Agreement and are made a part
hereof.
30.5 Covenants and Conditions. All provisions of this Agreement expressed as either covenants or conditions on
the part of the City or the Consultant, shall be deemed to be both covenants and conditions.
30.6 Intc2ration. 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.
30.7 Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not
render any other provision of this Agreement unenforceable, invalid, or illegal.
30.8 Draftin2 Ambiouities. The Parties agree that they are aware that they have the right to be advised by
counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether
or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility
of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the
extent to which each Party participated in the drafting of the Agreement.
30.9 Conflicts Bet,\'een Terms. If an apparent conflict or inconsistency exists between the main body of this
Agreement and the Exhibits, the main body of this Agreement shall control. If a contlict exists between an
34
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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 reqnirement shall control. Each Party shall notify the other immediately npon the identitlcation 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.
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 such additional documents as may be
required to effectuate the purposes of this Agreement.
30.13 Exhibits. Each of the following Exhibits is attached hereto and incorporated herein by this reference:
Exhibit A
List of sites and proposed schedule of values .
Contract Terms and Requirements as specified in the RFP. All Federal Stimulus Plan
Requirements.
Exhibit C American Power Solutions RFQ including Statement of Work - description of lighting
components to be installed. Fee Schedule, Hourly Reimbursement Rates for Professional Services for Extra
Work and Compensation Under this Agreement.
Exhibit B
30.14 Compliance with Controllin~ Law. The Consultant shall comply with all laws, ordinances, regulations, and
poEci.es 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 as 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 representatives under authority of any laws, statutes, ordinances, rules, or regulations. The laws
of the State of California shall govern and control the terms and conditions of this Agreement.
30.15 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 lVlunicinal Powers. Nothing contained in this Agreement shall be construed as a limitation upon the powers
Dfthe City as a chartered city of the State of California. .
30.17 Administrative Claims Reauirements and Procedures. No suit or arbitration shall be brought arising out
of this agreement, against the City unless a claim has fIrst been presented in writing and filed with the City
and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and procedures used by the City in the implementation
of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of
resolving any dispute over the tenns of this Agreement.
30.18 Third Partv Relationships. Nothing in this Agreement shall create a contractual relationship between City
and any third party; however, the Parties understand and agree that City, to the extent permitted by law, is an
intended third party beneficiary of all D/B's contracts, purchase orders and other contracts between DIB and
third party services. D/B shall incorporate this provision into its contracts, supply agreements and purchase
orders.
30.19 Non-Assi~nment. The DfB 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
8~~9
30.20 Successors in Interest. This Agreement and all rights and obligations created by this Agreement shall be in
force and effect whether or nOl any Parties to the Agreement have been succeeded by another emity. and all
rights and obligations cremed by this Agreement shall be vested and binding on any Party's successor in
interesr.
30.21 Indcnendent Contractors. The D/B, any consultants;contractors, subcontractors. and ,my other individuals
employed by the D/B shall be independent contractors and not agents of the City. Any provisions of this
Agreement that may appear to give the City any right to direct the D/B concerning the detaiis of performing
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 tht end results of the performance.
30.22 Aooro":11. Vlhere the consent or approval of a parry is required or necessary under this Agreement, the
consent or approval shall not be unreasonably withheld.
3023 No W.ai\'cr. No failure of either the City or the Consultant to insist upon the strict performance by the other
of any covenant, teml 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
Agreement. and each and eVt:ry covenant, condition, and tem hereof shall continue in full force and effect to
any existing or subsequent brt:ach.
30.24 Sirrnino Authoritv. The representative for each Parry signing on behalf of a corporation, partnership, joint
venture or governmental entity hereby declares that authority has been obtained to sign on bchalfofthe
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 ofChula Vista and have executed this Agreement thereby
indic3ting that they have read and understood same, and indicate their full and complete consent to its terms.
This Agreement is dated
Agreement
;2 /; (tJ
1
.2010 and this date shall constitute the effective date of this
CITY OF CHULA VISTA, A Municipal Corporation
American Power Solutions [nc
By:
CHER YL COX, Mayor
By:
PE
~
~ R YOON, Vice President
Attest:
Approved as to form and legality:
DONNA NORRlS, City Clerk
By:
BART MIESFELDS, City Attorney
Dated
, .2010.
36
8-40
EXHIBIT A
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8-41
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EXHIBIT B
38
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CllY Of
(HUlA VISTA
REQUEST FOR PROPOSAL (RFP)
TO PROVIDE
DESIGN BUILD SERVICES FOR
THE CITYWIDE LIGHTING RETROFIT PROJECT
IN THE CITY OF CHULA VISTA, CA
RFP ISSUED:
June 2, 2009
SUB11,'fITTALS ARE DUE BY:
June 15,2009
City of Chula Vista
Engineering Department
276 Fourth Avenue Building 200
Chula Vista, CA 91910
8-45
TABLE OF CONTENTS
1. INTRODUCTION................................................................................................................]
II SCOPE OF SERVICES .............................,.......,................................................................2 .
A. Project Control (All Phases) ..........................................................................................2
B. Design Phase Services ...................................................................................................2
C. Construction Phase Services..........................................................................................4
D. Operations and Startup Phase Services..........................................................................5
III DESIGN BUILDER SELECTION PROCESS....................................................6
IV REQUEST FOR PROPOSALS SCHEDULE.......................... ........ ...........7
V PUBLIC DISCLOSURE............... ..~.... .......... ....... ..... ..... ...... ................. ......7
VI SUBMITTAL REQUIREMENTS...... ...................... ........... ...... ............... ......7
VII CONTRACT TERMS AND CONDITIONS... ..... ............................... .......... .....9
ATTACHMENT]- SAMPLE DESIGN BUILD AGREEMENT....................................]]
8-46
The following Request for Proposal (RFP) pertains to the eity-wide retrotit of lighting
fixtures to a more energy effieient replaeement. This project will consist of: an investigation
of existing lighting eomponents, design and ealculations of new fixtures and the installation
of induction and LED lighting fixtures at all City facilities. Pre-qualified firms with design
build experience are being solicited to present proposals for review. Based upon the
submitted information, qualified candidates and presentations will be reviewed for the most
responsive proposal.
The general scope of the project is the installation ofInduction and LED lighting at multiple
sites in the City ofChula Vista, California.
1. INTRODUCTION
The City of Chula Vista is circulating this RFP to firms pre-qualitied to provide design build
services to the City with the intent of: investigation/review of systems, value engineering, re-
programming of controls, calculation/design services, and management for the installation of
energy efficient lighting in the City of Chula Vista. The DTB will be responsible for
inclusion of all potential ineentives and rebates for the proposed product costs. The City
currently has a proposed budget of$ 530,000.00 for the design and installation phases of the
project.
All DBT members shall be licensed and registered with the State of California, as required.
This RFP document describes the typical elements. of a project, the required scope of
services, the selection process, and the minimum information that must be included in the
p'roposal submittal.
This RFP is intended to allow for the following scenarios:
. DB will combine work efforts with the City's currenr"management team that has
previously prepared the planning and/or conceptual documents.
. DBT, created by the DB, prepares all planning and/or conceptual documents.
. DBT, created by the DB, uses previously prepared planning and/or conceptual
documents.
All scenarios will result in continuing with design development, community out-reach,
construction document preparation and construction of the project.
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 ofthis
request, to negotiate with any qualified source, or to cancel in part or entirely the RFP.
The City reserves the right to reject any or all proposals in the City's sole discretion at any
time prior to an award.
8 147
II
SCOI)E OF SERVICES
--
The DBT shall design and install the equipment to comply with all the applicable federal,
state and local laws, including 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.
5. Vendors and subcontractors management
6. Document control
7. Schedule and budget control
8. Quality assurance and quality control
B. Design Phase Services
Utilizing the City's required standard specifications, facility program requirements, Federal,
State and local laws, and City performance and design criteria, approved planning documents
(if available), and reports that will be identified in the Design/Build contract, for a typical
project, the DBT will:
1. Prepare, 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 ofthe projects, including but not limited
to: landscape architectural, architectural design, civil engineering, strucrural
engineering, mechanical design, electrical design and any specialty consulting
area.
4. Incorporate the requirements of permitting agencies as may become apparent
in the course of design. The DBT shall apply for and secure all permits and
8-~8
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 dev,elop all appropriate environmental plans,
including but not limited to, an atr pollution control plan, a noise abatement
plan and a hazardous materials management plan. The D BT shall submit and
obtain approval of an 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 value-engineering reviews to reduce cost/and or add value, utilizing
all tearn 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 (QC) Review of the Drawings and Specifications
throughout all phases in order to correct errors and omissions and reduce the
quantity of Change Orders during the course of construction. Include a
detailed review of drawings and designs relative to Code Compliance Laws.
Organize and publish detailed QC Reports based on all [mdings.
9. Establish a Critical Path Method (CPM) Construction Schedule. Monitor and
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.
I I. Provide construction cost control estimates during the design to support value
engineering and constructability reviews.
12. 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 project.
13. The DBT shall be required to provide a cost estimate that will be used to
establish a Guaranteed Maximum Price (GMP). Any savings at the end of
the project will be deducted from the GMP and returned to the owner.
8-349
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 RFl'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 ofW ork,
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 servto 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:
1. Conduct weekly team meetings with the City and appropriate design team
members during the course of construction to review the status of the project.
2. Ensure the workmanship and materials provided are in accordance with the
Project Specifications and the Architects meet or exceed quality construction
industry standards for this type of work.
3. Provide list of required shop drawing submittals. Review shop-drawing
submittals for 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.
8-50
6. Purchase and install all necessary equipment and witness all factory and field
component, equipment and system testing as required by the project Contract
Documents.
7. Submit the proposed QA/QC Plan to the City for review. The Plan shall not
be implemented without written approval of the City.
8. Provide surveying, and other contracted services as required completing
projects construction. Coordinate City contracted testing and inspection
services during the course of construction.
9. Develop, implement and manage a construction phase Quality
Assurance/Quality Control (QA/Qc). The Plan shall include but not be
limited to; I) a statement and definition ofQA/QC goals; 2) an identification
of QA/QC criteria and elements; 3) development of the project QA/QC
implementation plan; 4) development of the QA/QC materials, components,
equipment and system testing plans; and,S) 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.
II. 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.
12. Develop a project-specific Change Order Administration Plan for review
and approval by the City. Upon written approval'ofthe Plan, the DBT shall
initiate implementation. The Plan shall defme the required Change Order
procedures, including requirements for requesting, developing, approving,
and filing.
13. Implement and maintain an internal records management and document
control system as required to support project operations. The DBT shall
provide records management and document control information in a manner
consistent with the citywide Prolog Management reporting/filing system.
14. The DBT shall develop an on-site Project Safety Plan for review and
approval by the City. The DBT shall administer and enforce the City
approved on-site Project Safety Plan for the Project. The DBT shall monitor
and enforce construction responsibility for safety and health issues relating to
all workers at the Project Site. This shall include workers in direct
employment to the Contractor and workers involved in a subcontracting,
equipment supply, or any other project-related oral or written arrangement
with the DBT.
15. Report accidents, claims, and other on-going safety related issues to the City
in a manner consistent with Citywide reporting systems.
8-51
D. Operations and Startup Phase Services
1. The DBT shall prepare, submit for City review and written approval a Project
Startup and Testing Plan for the Project. The DBT shall fully implement the
plan. f
2. The DBT shall conduct Operator Training Sessions for personnel.
3. The DBT shall supervise, manage, and coordinate all project startup and
testing activities for all systems.
4. Provide operation and maintenance manuals for equipment purchase and
installed by DBT.
5. The DBT shall report progress of project startup and testing to the City in a
manner consistent with the City's reporting system.
6. The DBT shall coordinate and expedite record drawings and specifications.
7. The DBT shall prepare final accounting and close out reports.
8. The DBT shall prepare occupancy plan reports.
9. Post Construction: DBT shall coordinate an II-month walk through of the
Project to review guarantee/warranty items. DBT shall coordinate all
corrective work with the responsible parties and the City. The DBT shall
report to the City all guarantee/warranty disputes. The DBT shall proceed to
resolve such disputes after having submitted to the City for review and
approval the DBI's approach for obtaining resolution of the dispute.
III DESIGN BUILDER SELECTION PROCESS
Candidates will compete first on the basis of experience, design talent, past performance,
resources, construction and management skills. Selected DB may be requested to coordinate
and negotiate with a City appointed design team at the California Center for Sustainable
Energy that may have been involved in the conceptual documents for the project. Contracts
will be awarded in acconlance with the Chula Vista Municipal code and the Design/Build
ordinance as outlined in Section .257 of the Chula Vista Municipal Code.
IV REQUEST FORPROPOSALS SCHEDULE
The following schedule applies to the solicitation, receipt and evaluation of the SOQ and the
selection of the DB. This RFP schedule is subject to modification in the City's sole
discretion:
Advertise and Issue RFP
SOQ Submittals Due
Notify Responsive DTB
City Council Certities DB
June 2,2009
June 15,2009
June 19,2009
July 14,2009
8-%2
V PUBLIC DISCLOSURE
Under the California Public Records Act Unsler the California Public Records Act
(California Government Code Section 6250 et seq.) records in the custody ofa public entity
generally have to be disclosed unless the intormation being sought falls into one or more of
the exemptions to disclosure set out in Government Code Sections 6254 through 6255. The
cover letter of the submittal should contain a paragraph that states whether or not DBT
believes that its submittal does or does not contain information that falls into one of the
exemptions of Government Code Sections 6254 through 6255 and whether or not DBT
considers such information to be confidential.
In the absence of a declaration, City may be obligated to disclose proposal to any party that
requests it. Regardless of assertions of contidentiality, proposal contents may still be
disclosed if City, or a court withjurisdiction, determines that such proposal is a public record
requiring disclosure.
VI SUBMITTAL REQUIREMENTS
1. The submittal deadline is June, 15 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 91911.
2. Three (3) single-spaced copies, no more than 25 pages in length excluding
exhibits and appendices, are required for submittal. Submittals should be as
brief as possible, while adequately describing how the DBT will approach the
design build work program. Proposal creativity is encouraged, but
extravagance in proposal style and format is discourage. Statement of
Qualifications (SOQ) shall include:
A letter of interest
Summary of Qualifications
Organizational Chart for project Team
Schedule of Rates
Project Estimate, wi Incentives I Rebates Included
Design Build Fee structure
Investigation IDesign Fee
Product I Fixture Submittals
Resume (of key DB members)
Current Insurance Documents
Proposed Payment Schedule
8-753
3. 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. -
4. The submittal shall also provide the name, title, address, and telephone
number of individual(s) with authority to negotiate for the candidate and also
who may be contacted during the period of submittal evaluation.
5. Statement of the DBT's ability, if selected, to enter into a City contract with
the City ofChula Vista, and ability to avoid conflicts of interest on this or any
other public or private projects.
6. Other Information
a. Description of insurance coverage for prime respondent and co-
venture partner(s) (types of coverage and policy limits, deductible,
exclusions, and outstanding claims).
b. Description of in-house resources for prime respondent and co-
venture partner(s) (i.e., computer capabilities, software applications,
model protocol, and modeling programs, etc.)
c. Respondents should provide, on a strictly confident basis, the
following information:
I) Audited financial statement for the last three years
2) List of projects completed in the last year
3) List of projects currently under development, or construction
with status, development schedule and financial commitment
4) List of projects currently involved in litigation or unresolved
claims for the contract
7. Incomplete submittals, incorrect information, or late submittals may be cause
for immediate disqualifications.
VII CONTRACT TERMS AND CONDITIONS
City retains the right to reject any or all submittals. All respondents should note that the
execution of any contract pursuant to this RFP is dependent upon the approval of the Chula
Vista City Council in its sole discretion.
a-:S4
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: I) time and materials not to exceed, 2) guaranteed
lump sum, and 3) percentage of project costs.. ,
City reserves the right on a project specific basis to request insurance including but not
limited to increased limits of Liability coverage, CA admitted carriers AM. Best rated no
less than A V, Additional Insured Endorsement which does not exclude Completed
Operations, Excess Liability, Pollution Liability, E&O I Professional Liability Extended
Reporting Period excess of 2 years, Completed Operations Coverage of up to ten years,
Contractor Controlled or "Wrap Up" Insurance Program, Bonds.
Each submittal shall be valid for not less than one hundred and twenty (120) days from the
date of receipt. The firm(s) selected to perform the work described in this RFP will be
required to provide minimum evidence of insurance as follows:
1. Commercial General Liability insurance, 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 $l,OOO,OOO,_covering
bodily injury and property damage for owned, non-owned and hired
automobiles, and name the City, its officers, officials, employees and
volunteers as additional insured's.
3. Workers' Compensation and Employer's Liability insurance, for all
employees who are normally engaged in Work at the Project Site, with
Statutory Limits for Workers' Compensation and not less than Employer's
Liability limit for Bodily injury by Accident $1,000,000, each accident Bodily
Injury by Disease $1,000,000, Bodily Injury by Disease $1,000,000. A
Waiver of Subrogation shall be endorsed to the policy naming the City of
Chula Vista.
4. Professional Liability insurance shall be required of said firm for professional
liability or errors and omissions insurance with a per claim limit of not less
than $2,000,000 for services performed by the Design contractors and any
8-955
subcontractors performing design services. The policy shall contain an
extended reporting period of not less than 2 years.
5. Builder's Risk Property Insurance may be provided by the DB. The DB will
add the City, its officials, officers, employees and volunteers as Loss Payee.
The insurance shall waive any right of recovery under subrogation for those
insured under this policy. The limit is to reflect full replacement cost of hard
cost construction values. Perils are to be all risk excluding Earthquake and
Flood. Perils are to include any transportation risk but is to exclude any
equipment, machinery, tools, or property of similar nature, owned, rented or
used by DB or contractors.
6. Other Provisions. Prior to beginning Work under the Agreement, each and
every contractor of any tier shall furnish Certificates of Insurance satisfactory
to the City. All such certificates will contain at least the following
prOVISIons:
a. Thirty (30) days written notice to the City prior to any cancellation,
non-renewal or materials reduction in coverage.
b. The words "will endeavor" and "but failure to mail such notice shall
impose no such obligation or liability of any kind upon the company,
its agents or representatives" will be deleted from the certificate.
c. Throughout the life of the Agreement, each and every contractor of
any tier shall pay for and maintain in full force and effect, with an
insurer authorized by the California Insurance Commissioner to do
business in the State of California, the policies evidenced herein.
The City reserves the right to modify the insurance requirements or to substitute project
insurance during contract negotiations.
Bonds may be required for individual projects as required by City Policy.
End of Request for Proposals
8~%6
.- - ,_.....,.
ENERGY EFFICIENCY LIGHTING RETROFIT AT MULTIPLE FACILITIES
IN THE CITY OF CHULA VISTA, CALIFORNIA
SPECIAL PROVISIONS - TECHNICAL
/
2-1 WORK TO BE DONE
The general scope ofthe project is the installation of new energy efficient lighting at multiple sites in the City
ofChula Vista, California.
The work to be done includes all " Prevailing Wage" labor, material, equipment, transportation,
interaction with statT and scheduling necessary for the project as described in these documents. All
incentives/ rebates must be accounted for in the" Project Estimate" section of this document.
Fixtures proposed must be the same "or equal" as those listed in the appendix section.
The completed projects will be turn-key and work in general includes, but is not limited to the
following: a retrofit installation as outlined in, but not limited to the specifications listed below,
plans and specifications included in Appendix "A", the existing unit removal which will include
protection of related remaining components, transfer of removed equipment to a storage location,
installation ofthe new equipment, new conduit if required, testing and training of staff, integration of
control systems, and construction of all appurtenances and other work as may be necessary to render
the above improvements operational when the project is considered complete. One member of the
D BT must have a valid license certification from the California State Contractors License Board in
C-IO and shall have minimum of 6 years of experience installing replacement induction lighting
fixtures.
The fo llQwing sites will be considered for a fixture retro- fit:
Otay Recreation Center Veterans Park Animal Control Facility
Corp Yard Lorna Verde Park! SDG&E Park Heritage Park
Hilltop Park Marisol Park Horizon Park
Greg Rogers Park Bay Blvd Park Skate Park
Paseo Del Rey Civic Ctr Library Eucalyptus Park
Sunridge Park Explorer Park Memorial Bowl
Sunhow Park Rancho Del Rey / Independence Terra Nova Park
Voyager Park Santa Venetia Mtn. Hawk
Discovery Park Cottonwood Park Montevalle Park
Rohr Park Santa Cora Salt Creek Park
Winding Walk Park . Tiffany Park CV Parking Lots 2-11
Valle Lindo Park Community Park Friendship Park
Los Ninos Bonita Long Canyon Mackenzie Creek Park
Lorna Verde Rec Center Harvest Park Sunset View Park
11
8-57
Appendix A
All fLxturcs proposed must meet the following standards to be considered "or equal":
:
A. Load Protection
B. High Power Factor
C. Line conditioner
D. Color Temperature 5,000 Kelvin
E. 10 year unconditional warranty on installed fixtures.
Examples of approved (or equal) fixtures are:
US Lighting Tech's: Endura, Parker & Ridgeline.
}
8-~8
083109
SPECIAL TERMS Al'\'D CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVATION
BLOCK GRANT PROGRAM - FORMULA GRANTS
Table of Contents
"
1. RESOLUTION OF CONFLICTING CONDITIONS ..................................................................................1
2. AWARD AGREEMENT TE&\1S A,'ID CONDITIONS ............................................................................ I
3. AWARD PROJECT PERIOD AND BUDGET PERIODS ......................................................................... I
4. STAGED DISBURSEMENT OF FUNDS .................................................................................................. I
5. PAYMENT PROCEDURES - ADV A.,'lCES THROUGH THE AUTOMATED STANDARD
APPLlCA TION FOR PAYMENTS (ASAP) SYSTEM ..............................................................................2
6. INCREiVIENTAL FUNDING A1'\JTI MA,"<IMUM OBLIGATION - COEXTENSIVE BUDGET PERIOD
AND PROJECT PERIOD :.................................,.........................................................................................2
7. COST SHARING FFRDC'S NOT INVOL VED..........................................................................................2
8. REBUDGETING A1'm RECOVERY OF INDIRECT COSTS ..................................................................3
9. CEILING ON ADMINISTRATIVE COSTS...............................................................................................4
I O. LIMITATIONS ON USE OF FUNDS.........................................................................................................4
11. PRE-AWARD COSTS.................................................................................................................................4
12. USE OF PROGRAM INCOME - ADDITION............................................................................................4
13. STATEiVIENT OF FEDERAL STEWARDSHIP ........................................................................................4
14. SITE VISITS...... ..... .... ........... ......... ........ ..... .......................... ............ ..... ......... ........... ..... ......... ....... ....... .....5
15. REPORTING REQUIREMENTS................................................................................................................5
16. PUBLICATIONS .........................................................................................................................................5
17. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS ....................................................................6
18. INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION ................................6
19. LOBBYING RESTRICTIONS ....................................................................................................................6
20. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS -
- SENSE OF CONGRESS ...........................................................................................................................6
21. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP ............................................................................6
2V NATIONAL ENVIRONMENTAL POLlCY ACT (NEP A) REQUIREMENTS ........................................6
23. DECONTAMINATION AND/ORDECOiVIMISSIONlNG (D&D) COSTS..............................................7
24. SPECIAL PROVISIONS RELATING TO WORK FUN TIED UNDER AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009 (MAY 2009) .........................................................................................7
25. REPORTING A1'ID REGISTRATION REQUlREMENTS UNDER SECTION 1512 OF THE
RECOVERY ACT (MAY 2009) ...............................................................................................................11
26. REQUIRED USE OF AMERICAN IRON, STEEL, Al'ID MAt'ffiF ACTURED GOODS -- SECTION
1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) .........11
27. REQUIRED USE OF A1\1ERICAN IRON, STEEL, AND MAt'WF ACTURED GOODS (COVERED
UNDER INTERNATIONAL AGREEiVIENTS)--SECTION 1605 OF THE Al\1ERICA.,"lRECOVERY
AND REINVESTiVIENT 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
AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS (MAY
2009) .................... ...... ............... ........ ......... ............... ......... ........ ........ ....... ....... .... ........ ........ ............... ....... 1 7
30. DAVIS BACON ACT REQUIREMENTS (MAY 2009) ..........................................................................17
31. HISTORIC PRESERVATION ..................................................................................................................25
ATTACHiVIENT l- INTELLECTUAL PROPERTY PROVISIONS ................................................................26
Not Specified/Other
8-59
083109
SPECIAL TElli'VIS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND
CONSERVATION BLOCK GRANT PROGRAM - FOR1VlULA GRANTS
I. RESOLUTION OF CONFLICTING CONDITIONS
Any apparent inconsistency between Federal statutes and ;egulations and the terms and conditions
contained in this award must be referred to the DOE A ward Administrator for guidance.
2. AWARD AGREEMENT TElli'VIS AND CONDITIONS
This award/agreement consists of the Grant and Cooperative Agreement cover page, plus the following:
a. Special terms and conditions.
b. Attachments:
Attachment No.
Title
5
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, if it 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, the Wage Determination will be included when activities are
approved.
Special Requirements, if applicable
2
3
4
6
c. Applicable program regulations: Title V, Subtitle E of the Energy Independence Security Act (EISA)
of2007, Puhlic Law 110-140.
d. DOE Assistance Regulations, 10 CFR Part 600 at http://ecfr.gpoaccess.gov and if the award is for
research and to a university or non-profit, the Research Terms & Conditions and the DOE Agency
Specific Requirements at http://www.nsf.govlbfa/dias/policy/rtc/index.jsp.
e. Application/proposal as approved by DOE.
f. National Policy Assurances to Be Incorporated as Award Terms in effect on date of award at
htto:/ I management.energv .gOV /business doe/13 74 .htrn
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
[Xl IF 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
8-60
~
.~- .~ ~.- . ... ,., _. ~
083109
[ ] For Energy Efficiency Conservation Strategy (EECS) 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 \V orksheets. The remaining funds will be released for disbursement upon
DOE approval of the EECS and amendment of the award to include the authorized Project Activity
Worksheets.
-
[X] Funds in the amount of $1,100,000 is released to the Recipient to begin work on the activities listed in
Attachment 2, Project Activity Worksheets. The remaining funds will be released for disbursement upon
DOE approval of additional activities and amendment of the award to include the authorized Project
Activity Worksheets.
[ ] Funds in the amount of$ [ ] is released to the Recipient to begin work on administrative duties
pending resolution of problematic issues such as eligibility, technical issues, l\lEPA, 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 1 IFMARKED. THIS TERll.fDOES NOTAPPL Y-SEEATTACHMENT 6
a. Method of Payment. Payment will he 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 DOEINNSA.
d. Payments. All payments are made by electronic funds transfer to the bank account identified on the
ASAP Bank Information Form that you filed with the U.S. Department of Treasury.
6. INCREMENTAL FUNDING AND MAXIMUM OBLIGATION - COEXTENSIVE BUDGET
PERIOD AND PROJECT PERIOD
APPLICABLE ONLY TO INCREMENT.4LL Y FUNDED A WARDS.
This award is funded on an incremental basis. The maximum obligation of the DOEINNSA is limited to
the amount ShO\\-l1 on the Agreement Face Page. You are not obligated to continue performance of the
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 ONL Y IF COST SHARING IS INCLUDED IN THE AWARD.
a. Total Estimated Project Cost is the sum of the Government share and Recipient share of the estimated
Not SpeciliedJOther
2
8-61
083109
project costs. The Recipient1s 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 cftatal allowable project costs, on a budget period basis, even if the project is
terminated early or is Dot funded to it~ completion. This cost is shared as follows:
Budget Budget Government Share Recipient Share Total Estimated Cost
Period Period Start $/% S/'}';,
No.
1 09/2112009 $1,974,300/59% $1,395,000/41 % $3,369,300
Total Proiect
b. Tfyau 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 notifica.tion to the DOE Award
Administrator indicating whether you will continue or phase out the project. If you plan to continue
the project~ the notiflcation 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 DOEINNSA. Such records are subject to audit.
d. Failure to provide the cost sharing required by this Article may result in the subsequent recovery by
DOEINNSA of some or all the funds provided under the award,
8, REBUDGETING AND RECOVERY OF INDIRECT COSTS
THE APPLICABLE TERM IS MARKED BELOW.
[ ] REBUDGETING AND RECOVERY OF INDIRECT COSTS - REIMBURSABLE INDIRECT
COSTS AND FR1NGE BENEFITS
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
(i.e., 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 sol~ly 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] REBUDGETlNG AND RECOVERY OF INDIRECT COSTS - REIMBURSABLE INTIlRECT
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
Not Specified/Other
3
8-62
083109
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 At'ID RECOVERY OF INDlREp COSTS - INDIRECT COSTS AND FRINGE
BENEFITS ARE NOT REL\1BURSABLE
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 nor 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 \Vithin 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 llse more than 20 percent 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 $250,000, whichever is greater (EISA Sec
545(b)(3)(C), for subgrants to nongovernmental organizations for the purpose of assisting in the
implementation of the energy efficiency and conservation strategy of the eligible unit oflocal
government.
11. PRE-AWARD COSTS
APPLICABLE ONL Y IF COMPLETED BELOW.
You are entitled to reimbursement for preaward costs in the amount of$[ ] 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 CFRPart
600.
12. USE OF PROGRA",I INCOME - ADDITION
If you earn program income during the project period as a result of this 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
DOEfNNSA 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
....
Not Specified/Other
4
8-63
,
083109
circumstances to correct deficiencies which develop during the project; assuring compliance with terms and
conditions; and revie\ving technical performance after project completion to ensure that the award
objectives have been accomplished.
14.
SlTE VISITS
f
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, offi~e 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. REPORTL"C 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
debannent 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 SB[RJSTIR data. Citations for journal articles
produced under the award will appear on the DOE Energy Citations Database
(www .osti. rLovl enemvcitations).
c. Restrictions. Reports submitted to the DOE Information Bridge must not contain any Protected
Personal Identifiable Information (PII), limited rights data (proprietary data), classified inf?nnation,
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 the 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-SC0002295:'
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 REQUIREMENTS
You must obtain any required permits and comply with applicable federal, state, and municipal laws, codes,
and regulations for work performed under this award.
18. INTELLECTUAL PROPERTY PROVISIONS Ar-/D CONTACT INFORMATION
a. The intellectual property provisions applicable to this award are provided 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://wv.rw.!lc.doe.e:ov/financial assistance awards.htm.
b. Questions regarding intellectual property matters should be referred to the DOE A ward 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.e:c.doe.gov/documentslIntellectual Prooertv (IF) Service Providers for Acauisition.odf
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
U.S.c. 1913. This restriction is in addition to those prescribed elsewhere in statute and regulation.
20. NOTICE REGARDING THE PURCHASE OF AMERICAJ'l-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 generally 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 proj ect 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 DOEINNSA providing either a 'N'EP A
clearance or a final NEP A decision regarding this project. PROHIBITED ACTIONS INCLUDE ANY
ACTIVITIES RELATED TO THE MUNIPAL SOLAR [NSTALLATION PROJECT EXCEPT
THE ASSESSt\''lENT. Other prohibited activities include any project activities that are not included in
Attachment 2 of this award. This restriction does not pre~)ude 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 PR[OR APPROVAL BY THE DOE
NEP A COMPLIANCE OFFICER AND UNILATERAL MODIFICATION OF THE A WARD
AGREEMENT. EECBG FUNDING ($874,300.00) WeLL 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 NEPA 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 DOE/NNSA initiating the NEPA
process.
23. DECONTAM:INATION 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 AMERICAN
RECOVERY MID REINVESTMENT ACT OF 2009 (MAY 2009)
Preamble
The American Recovery and Reinvestment Act of 2009, 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 ta.x 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 foro-Recovery Act furirls and to ensure those records comply with the requirements qf
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 issues 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 2009, 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 modification 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.
Scecial Provisions
A. Flow Down Reauirement
Recipients must include these special terms and conditions in any sub award.
lB. Sel!reeation of Costs
Recipients must segregate the obligations and expenditur.es 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 of an appropriate inspector general appointed under section 3 or 8G
of the Inspector General Act of 1988 (5 D.S.C. App.) or of the Comptroller General is authorized-
(1) 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 may contain technical data and oth~r 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 oftille 5, United States Code.
E. Protecting: State and Local Government 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 ofan 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 implementation or use of
covered funds;
an abuse of authority related to the implementation or use of covered funds; or
as violation oflaw, rule, or regulation related to an agency contract (including the competition for
or negotiation ofa contract) or grant, awarded or issued relating to covered funds.
Agency Action: Not later than 30 days after receiving an inspector general report ofan 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 following 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, bringi~g_!he complaint regarding the reprisal, as
determined by the head of a court of competent jurisdiction.
Nonenforceablity 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
employment, including any predispute arbitration agreement. No predispute arbitration agreement
shall be valid or enforceable ifit requires arbitration ofa 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
reI1ledies 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. Reauest for Reimbursement
Reserved
G. False Claims Act
Recipient and sub-recipients shall promptly refer to the DOE or other appropriate lnspector General
any credible evidence that a principal, employee, agent, contractor, sub-grantee, subcontractor or other
person has submitted a false claim under the False Claims Act or has committed a criminal or civil
violation oflaws pertaining to fraud, conflict or interest, bribery, gratuity or similar misconduct
involving those funds. .
H. lnformation in sunDortine: of Recoverv Act Renortine:
Recipient may be required to submit backup documentation for expenditures of funds under the
Recovery Act including such items as timecards and invokes. Recipient shall provide copies of
backup documentation at the request of the Contracting Officer or designee.
l. Availability of Funds
Funds appropriated under the Recovery Act and obligated to this award are available for
reimbursement of costs until September 30, 2015.
J. Additional Fundine: Distribution and Assurance of Annropriate Use of Funds
Applicable if award is to a State Government or an A2:encv
Certification by Governor -- Not later than April 3, 2009, for funds provided to any State or agency
thereofbv the American Reinvestment and Recovery Act of 2009, Pub. L. 111-5, the Governor of the
State shail certifY that: I) the state will request and use funds provided by the Act; and 2) the funds will
be used to create jobs and promote economic gro\V1:h.
Acceptance by State Legislature -- If funds 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 of the 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 public-private
entities within the State either by fonnula or at the State's discretion.
K. Certifications
With respect to funds made available to State or local governments for infrastructure investments
under the American Recovery and Reinvestment Act of2009, Pub. 1. 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 available by the Act unless
this certification is made and posted.
25. REPORTING k'lD 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 vvill 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 ContractClr
Registration (http://vvww.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.FederaLReporting.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)
THIS A WARD TERM IS APPLICABLE TO ANY RECOVERYACT FUNDS FOR CONSTRUCTION.
ALTERATION. M4/NTENANCE. OR REPAIR OFA PUBLIC BUILDING OR PUBLIC WORK AND
THE TOTAL PROJECT VALUE IS ESTL~f.4TED LESS THAN 57.443.000. THIS AWARD TERM
ALSO APPLIES TO ALL SUBGR4NTS AND CONTR4CTS.
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 mto 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 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, bre.ak':}'aters, 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, sted, 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 reasonably available quantities and of a satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent
with the public interest.
c. Request for determination of inapplicability of Section 1605 of the Recovery Act.
(1)
(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance
with paragraph (b)(3) of this section 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 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.
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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 ~pplies, the award official will amend the award to allow use of the foreign iron, steel, and/or
relevant manufactured goods. When the bas~s for }he exception is nonavailability or public
interest, the amended award shall retlect adjustment of the award amount, redistribution of
budgeted funds, and/or other actions taken to cover costs associated with acquiring or using the
foreign iron, steel, and/or relevarit 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 lVleasure Quantity Cost
(dollars)*
Item 1:
Forei!ffi steel, iron, or manufactured good
Domestic steel, iron, or manufactured good
-Item 2:
Forei!ffi steel, iron, or manufactured good
Domestic steel, iron, or manufactured aood
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 AMERICAi'l IRON, STEEL, AND MANUFACTURED GOODS
(COVERED UNDER INTERNATIONAL AGREEMENTS)--SECTION 1605 OF THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009)
THIS A WARD TERi"I IS APPLIC4BLE TO ANY RECO VER Y ACT FUNDS FOR CONSTR UCTlON.
AL TERA TION. MAINTENANCE. OR REPAIR OF A PUBLIC BUILDING OR PUBLIC WORK
WITHA TOTAL PROJECT VALUE OVER $7.443.000 THAT INVOLVES IRON. STEEL. AND/OR
M4NUFACTURED GOODS MATERIALS COVERED UNDER INTERNATIONAL AGREEMENTS.
THIS A Tf:4RD TERM ALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS.
a. Definitions. As used in this award term and condition--
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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, Icel:~.nd.-' Ireland, Israel, Italy, Japan, Korea (Republic
of), Latvia, Liechtenstein, Lithuania, LLL'Cembourg, Malta, Netherlands, Norway, Poland, Portugal,
Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and United
Kingdom;
(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Costa Rica,
Dominican Republic, 81 Salvador, Guat~mala, Honduras, Israel, l\tlexico, :Nlorocco; Nicaragua,
Oman, Peru, or Singapore); or
(3) A United States-European Communities Exchange of Letters (Nlay 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 substantially 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 -
(1) 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 substantially 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 designated country iron, steel, and/or manufactured good.
Manufactured good means a good brought to the construction site for incorporation into the building or
work that has been--
(1) Processed into 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.
(1) The award term and condition described in this s~ction implements--
(i) Section 1605(al of the American Recovery and Reinvestment Act of2009 (Pub. L. 111--5)
(Recovery Act), by requiring that all iron, steel, and manufactured 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 Amencan 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 mare.
(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 other 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/9r manufactured goods would be unreasonable. The cost
of domestic iron, steel, and/or manufactured goods used in the project is unreason.able when
the cumulative cost of such material 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 of a satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent
with the public inkrest.
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) of this 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 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)(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 the need for such determination and could not have
requested the determination before the funds were obligated. If the recipient does not submit a
satisfactory explanation, the award official n:ed 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 ofthe 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 176.110(.).
(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 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 ].
Foreirn steel, iron, or manufactured !!ood
Domestic steeL iron, or manufactured good
Item 2.
ForeiPTI steel, iron, or manufactured cyood
Domestic steel, iron, or manufactured good
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.
"'Include all delivery costs to the construction site.
28. WAGE RATE REQillREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT (MAY
2009)
THfS AWARD TERM' IS APPLICABLE TO RECOVERY ACT PROGR.LVS OR ACTIVITIES TH4 T
M4 Y IN1/0L VE CONSTRUCTION. ALTER4 TION. J~L4INTENANCE. OR REPAIR. THfS A WARD
TERM ALSO APPLfES TO ALL SUBGR4NTS AND CONTR4CTS.
Not Specified/Otber
16
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J. 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 ofa character similar in the locality as determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 oftitle 10, 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 1,3, 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 $2,000 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-Sacon 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 A WARDS 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 012009 (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 OMS Circular A--I02 Common Rules provisions, recipients agree to maintain records that
identify adequately the source and application of Recovery Act funds. OiYlB Circular A--I02 is
availab Ie at http://www. whitehouse.gov /omb/circulars/al 02/al 02.html
b. For recipients covered by the Single Audit Act Amendments of 1996 and Olvrn 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 (SEFA) and the Data Collection Form (SF--SAC) required by OIvIB Circular A--
133. OMB Circular A--133 is available at http://www.whitehouse.gov/omb/circulars/a133/a133.html.
This shall be accomplished by identifying expenditures for Federal awards made under the Recovery
Act separately on the SEF A, and as separate rows under Item 9 ofFart III on the SF --SAC by CFDA
number, and inclusion of the prefIx "ARRA~" in identifYing the name of the Federal program on the
SEF A and as the first characters in Item 9d of Part III on the SF --SAC.
c. Recipients agree to separately identify to each subrecipient, and document at the time of subaward 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 ofincrernental 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 SEFA described above.
This information is needed to allow the recipient to properly monitor subrecipient expenditure of
ARRA funds as wen as oversight by the Federal awarding agencies, Offices ofInspector General and
the Government Accountability Office.
30. DAVIS BACON ACT REQUIREMENTS (MAY 2009)
THIS A WARD TERJW IS APPLICABLE TO ARRA A WARDS WHEN WAGE RATE
Not Specified/Other
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REOUIREMENTS UNDER SECTION 1606 OF THE RECOVERYACT TERM IS APPLIC4BLE.
THIS AWARD TERM IS ALSO APPLICABLE TO SUBGRANTS AND CONTRACTS.
Note: \Vhere necessary to make the context of these articles applicable to this award, the term "Contractor"
shall mean "Recipient" and the term "Subcontractor" shall 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) Definitioll.-"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, ifany. 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
(B) Established specifically for the performance 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 define~ in
paragraph (a)(l)(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 included 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 computed at rates not less
than those contained in the 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 ofthe work, regardless of
any contractual relationship ,which may be alleged to exist between 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 aild
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
18
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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
1 (b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of paragraph (e) of this article; also, regular
contributions made or costs incurred for rriore"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 performed, 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) of this 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 of laborers or mechanics which is not listed in
the wage determination and \vhich is to be employed under the award shall be classified in
conformance VIlith 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 performed 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) If the Contractor and the laborers and mechanics to be employed in the classification (if known),
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 2021 0
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
8-78
19
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083109
(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to
subparagraphs (c)(2) and (c)(3) ofthis article shall be paid to all workers performing work in the
classification under this award from the first day on which work is performed in the classification.
(d)
'Whenever the minimum wage rate prescribed in the award for a class of laborers or mechanics includes a
fringe benefit which is not expressed as an hourly rate: tli~ 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 laborer 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 determined 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 the 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 l(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 submitred 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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083109
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 de~uctio~ns 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 specitIed 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. Ifthe 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 O'WIl 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-Bacon 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
(0) Apprentices.
(1) An apprentice will be permitted to work at less than the predetermined rate for the work they
performed when they are employed-
0) 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 (OATELS) or with a State
Apprenticeship Agency recognized by the OA TELS; 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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(2) The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not
be greater than tht: 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 w;ge rate, who is not registered or otherwise
employed as stated in paragraph (a)(l) of this article, shall be paid not less than the applicable
wage determination for the classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted tmder the registered program shall
be paid not less than the applicable wage rate on the wage determination for the work actually
performed.
(4) Where 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 progr~ 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. lithe 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 tor 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 OA TELS, withdraws
approval ofan 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.
(1) 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 rel,,;eived prior approval, evidenced by fonnal certification by
the U.S. Department of Labor, Employment and Training Administration, 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
OATELS.
(2) Every trainee must be paid at not less than the rate specified in the approved program for the
trainee' 5 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. lfthe 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 Wage and Hour Division detertnines 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 OATELS
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 i? the wage determination for the work actually performed.
(3) In the event OATELS withdraws approval ofa training program, the Contractor will no longer be
permitted 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 conformity with the equal employment opportunity requirements of Executive
Order 11246, as amended, and 29 CFR Part 30.
/
Compliance with Copeland Act Requirements
The Contractor shall comply with the requirements of29 CFRPaIi 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 (ifappropriate) on the site oflhe 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)(l)(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 of the 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)(1 )(1i) ofthe 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-
(1) 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 ofFunds;
(7) Subcontracts (Labor Standards);
(8) Contract Termination - Debarment;
Not SpecifiedJOther
23
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!.
083109
(9) Disputes Concerning Labor Standards;
(lO)Compliance with Davis-Bacon and Related Act Regulations; and
(II) 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).
(d) (l)Within 14 days after issuance of the award, the Contractor shall deliver to the Contracting Officer a
completed Standard Form (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 t.he 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)(I).
(b) No part of this award shall be subcontracted to any person or firm ineligible for award of a
Government award by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(I).
(c) Tbe 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
8-83
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 classifications contained in the applicable ~avis-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 PRESERVATION
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 (NHP A), consistent with
DOE's 2009 letter of delegation of authority regarding the NHP A. 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 (SHPO),
and, if applicable, the Tribal Historic Preservation Officer (T.HPO), to coordinate the Section 106 review
outlined in 36 CFR Part 800. SHPO contact information is available at the following link:
htto:I/\VW\V.ncshno.oT!!/findJindex.htm. 1BP0 contact information is available at the following link:
hup :I/www.nathoo.onz./mao.htm!.
Section 110(k) of the NBPA 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
NHP A complete only after the Recipient has submitted adequate background documentation to the
SHPO/THPO for its review, and the SHPO/THPO has provided written concurrence to the Recipient that it
does not object to its Section 106 finding or determination. Recipient shall provide a copy ofthis
concurrence to the Contracting Officer.
Not Specified/Other
25
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083109
ATTACHMENT 1- INTELLECTUAL PROPERTY PROVISIONS
Intellectual Property Provisions (NRD-1003)
Nonresearch and Development
Nonprofit organizations are subject to the 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 ownership
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.
(c) DOE has the right to:
(1) Obtain, reproduce, publish or othenvise use the data first produced under an award; and
(2) Authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes.
(d) In addition, in response to a Freedom ofInformation 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 agency action that has the force and effect of law, 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
subsecipients. 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
8-85
. " r
EXHIBIT C
39
8-86
"
:~:~~ti11D:~r';'"';'
/
DesirIn Build Services for the Citvwide Lighting Retrofit
Proiect
AMERICAN POWER SOLUTIONS
American Power Solutions
Peter Y oon, General AccOlmt Manager
2091 Raymer Avenue, Bldg A
Fullerton, CA 92833
(888) 827-277
peterlaiamericanpowersolutions.com .
8-87
I
.~
American Power Solutions - Energy Efficient Lighting
~~~~:~~~~.:'~"'~k'.:~:.J;:t~~~~rl~~~~~~~;:'i.,~~~~~~}~1t~~1~~~i~i~{~~s~~~~
The RFP provided by the City of Chula Vista speaks of design build projects. 'While there are
certainly design aspects of placing lighting systems in buildings, lighting retrofits are quite
simple and do not follow the traditional definition of design build projects. A simple analysis of
the facility operations, thus lighting level needs, is conducted and a replacement fixture is
recommended. The installation is usually very simple taking only a few days per building and
can be done after hours in a manner non-intrusive to the personnel working at a given facility.
Given the nature of lighting retrofits, this RFP response will find many of the typical design
build procedures not applicable. We will address the procedures necessary to complete a proper
lighting retrofit installation across City facilities.
The cornerstone of lighting retrofits is the goal of achieving energy savings. The fundamental
design aspect of a design build project for lighting, is therefore, targeted to m<L'limize the energy
consumption reduction at a particular facility. There are many considerations to be aware of
when designing a lighting retrofit and they are founded in the specific needs of the customer. In
essence, the design is tailored to each facility based on the operations of that site. In every
lighting design project, the end user's needs are ultimately the guide as to what type oflighting
technology is used, what color temperature is appropriate, and how powerful the lamps must be.
Lighting is a highly customizable building system and can always be improved from original
construction to reduce energy consumption, reduce operation costs, and improve the lighting
conditions for the employees using the facility.
The means of designing the appropriate lighting retrofit comes from experienced contractors,
like American Power Solutions (APS). A detailed lighting survey will identify clearly what the
existing conditions are, analyze the needs of the building, and provide the most appropriate
recommendation for a lighting upgrade. The lighting survey is the first stage of a lighting design
project. The second stage of a lighting design project is the compilation of an energy audit report
which includes the statement of existing conditions, recommended replacement, energy savings
projections, project costs, identification and application of utility rebates, and economic analysis
of a return on investment and/or simple payback of the project. The City will approve this plan
and construction will begin.
Ultimately, this response to the Chula Vista Citywide Lighting Retrofit RFP will conclude with a
Pricing ESTIMATE covering all 42 facilities listed in the "Work to be Done" section of the RFP.
American Power Solutions cannot provide a firm price bid as there was not enough information
given in the RFP to fully identify existing lamps, lamp wattage, fixture height, and hours of
operation. APS made best efforts to obtain this information from the City, but was unable to do
so in time for the RFP deadline. Therefore, the pricing provided is a sample and an estimate only
as pricing was arrived at using rule of thumb assumptions which may be inaccurate. Finally,
given the streamlined approach that APS offers, the fee structure will simply propose
invoice/payment upon completion of each individual facility. There will be no need for a more
complicated design build fee structure.
8-88
American Power Solutions - Energy Efficient Lighting
~~:__,~!-;,:lft~~J~-~~t~~~~~~~!~i{k~~~l~~~~!~;g~Jtf~i~"~~~~~~it~~ll~.t~ir~~,~i
American Power Solutions was established in 2001 and has grown into an average annual
revenue of $6 Million with a project management staff, sales team, and installation crew of
nearly 40 personnel. APS is an industry leader in provic(ing lighting upgrade retrofits to a variety
of facilities. Previous successes include installation of highly efficient lighting in local
government facilities, multi-family units, private corporate oftice buildings, office space,
warehouses, libraries, parking structures, exterior building lighting, street lighting, and many
more categories.
APS provides many types of lighting upgrade options, but specializes in Induction technology.
APS commonly uses US Lighting Tech's Endura, Parka, and Ridgeline models and all fixtures
""ill be quoted using these models to be consistent with the requirements of the RFP document.
Standard
Annual Total
Existing Existing Existing New New Watt Operating kWh Project Total
Measure Watts OTY OTY Watts Reduction HoursNr Savinqs Costs Rebate
Metal Halide 215 40 40 110 105 8760 36.792.00 $14,600 00 $5.518.80
. Metal Halide 215 20 20 110 105 3276 6,879.60 $7,300.00 $1,031.94
. Metal Halide 215 60 60 110 105 2600 16,38000 $21,900.00 $2,457 00
,H. P. S. 465 20 20 260 205 3000 12,300.00 $9.100.00 $1,845.00
Metal Halide 215 2 2 160 55 3000 330.00 $790.00 $49.50
H P. S. 465 12 12 260 205 3000 7,38000 $5.460.00 51,107.00
Metal Halide 1,080 16 24 210 870 1200 14,688.00 $13,080.00 $2.203.20
H. P S. , 238 4 4 110 178 4380 3,118.56 $1,560.00 $467.78
p97868,16 $73,790,00 $1A,~80,22
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~
8-89
American Power Solutions - Energy Efficient Lighting
Client References include the following:
Contract Description of job Year Customer Address of Customer Contact Telephone #
Price Name -
Energy Efficient
$120,000_00 Lighting retrofit from 2006 City of San 9601 Ridgehaven Ct Tom Cartier 858-492-6009
T12 Fluorescent to Diego San Diego, CA 92123
T8 and Liqhtinq
Energy Efficient
Lighting retrofit from OSH Distribution 2650 North MacArthur
$340,000_00 High Pressure 2007 Center Dr, Tracy, CA 95376 Jim Blankenship 209-833-3142
Sodium to T5 and
fromT12
Energy Efficient
Lighting retrofit from 9500 Gilman Dr.
. $223,000_00 High Pressure 2007 UC San Diego La Jolla, CA 92093 John Dillioll 858-822-2807
Sodium Fixtures to
T8 and Induction
Energy Efficient Escondido 1739 Broadway
$122,000_00 Lighting retrofit from 2007 School District Escondido, CA 92026 Gary Ostrem 760-480-3004
T12 Fluorescent to
Energy Efficient
$186,00000 Lighting retrofit from 2007 Amcor PET 401 Nestle Way Ken Foster 209-624-5138
High Pressure Packaging NA Lathrop, CA 95330
Sodium Fixtures to
Energy Efficient
$249,500_00 Lighting retrofit from 2008 Los Angeles 24501 S_ Figueroa St Martin Sanford 310-830-2400
High Pressure County Santation Carson, CA 90745
Sodium Fixtures to
Energy Efficient
$80,545_00 Lighting retrofit from 2008 City of Chula 276 Fourth Ave_ Gordon Day 619-572-7758
High Pressure Vista Chula Vista, CA 91910
Sodium Fixtures to
3
8-90
American Power Solutions - Energy Efficient Lighting
~~~~~tf~~i~~1At~f~~t~K1~~~~~i~~k~l;~W~~*~~~r~~rJi{~~tlil;T~~~&~~}~~j.li~~~~fi(
The City of Chula Vista has asked for 42 sites to be conSidered for lighting retrofits with the
release of this RFP. This is a sizable amount of individual project sites and a simple project
management plan is necessary to ensure all sites are addressed in a timely manner. However. as
these projects are lighting retrofits only and the installations will occur for only a very brief
amount oftime at each location, there is no need for an extensive management plan as this would
only tie up City resources for unnecessary monitoring of a fast paced project.
The proposed management plan is to ask for approval of the pricing plan, the payment structure,
and project timeline proposed in this response to RFP. Once these are approved by the City,
American Power Solutions will coordinate with the individual site contacts to begin the lighting
retrofits at each of the 42 sites. APS proposes to contact the sites directly as opposed to a project
manager contacting the site on their behalf. This is simply to streamline the process and cut out
unnecessary time spent on over-communicating.
As construction commences, APS proposes a Monthly project status report/meeting. In this
report, APS will identify the following:
>- Which facilities have begun constmction
>- Which facilities have completed construction
>- Which facilities have been invoiced for work completed
>- Which invoices have been paid/which invoices are outstanding
>- Overall project timeline status ~ on time, behind, ahead of schedule
~
4
8-91
American Power Solntions - Energy Efficient Lighting
N~~~~~~~1!j?~1~~~~f~~f~!~~~i~~~{0~~1]ii~'~llr#~~;~~~~1if~~fkt?;~
The RFP calls for a Design Phase Services PlaTl. Once again, given the easy going nature of
lighting retrofits this section is largely NOT APPLICABLE. This section is typically used for
large scale construction projects, usually new construction. The lighting retrofits to be
completed by American Power Solutions will be completed on a very fast paced schedule (for a
given building) and will not require special pelwits or environmental concerns, although, the
appropriate removal/disposal of existing lamps is included in the pricing provided. APS will
responsibly dispose of any lamps that contain mercury, following the local and state guidelines
for doing so.
The fifteen (15) design phase services described in the City RFP are essentially not applicable to
this lighting project. To address them in general, the following points are offered:
. No project will commence without a City notice to proceed
. It is NOT anticipated that special construction drawings will be necessary for this project
as wiring will not be changed, simply lamps and/or fixtures sw'appedout for new product
. There are no special permits anticipated, no environmental notifications necessary
. Project Costs are ESTIMATED in the Project Estimate section but NOT considered firm
pricing. APS hopes to collect the necessary information (lamp wattage, bum hours) and
provide a single finn price bid. This bid can be produced immediately once information
is provided by the City.
. This project is founded on energy savings, so value engineering is already provided
. A Guaranteed Maximum Price will be offered once the final pricing proposal is
completed (not included in this RFP Response document).
. No operations manuals are necessary as the lighting systems will operate the same as
before the lamp retrofit
5
8-92
American Power Solutions - Energy Efficient Lighting
:.~.,~~~:,:~;~~~~~~~~~;.~.;..-:t~~~~~lfh~ii~~~f~~~~~J@'~:~~~~~~1J1[%~A~~:~~;~~~ii~~~~~~~::
As stated in the Design Phase Services section above, thiS RFP calls for a lighting retrofit which
is far more simplistic than a typical design build project. Given this nature, APS believes the
points offered in the Construction Phase Services section of the RFP are largely unnecessary and
considered NOT APPLICABLE. However, a few points are addressed below:
. RFP asks tor weekly meetings. APS believes that monthly meetings will suffice given
the fast paced nature of the lighting installations. WeekJy discussions are welcomed, but
it is recommended that these occur via telephone.
. No architectural drawings or shop drawings are necessary for lamp and/or fixture
replacement.
. All aspects of the project from design through completion verification will occur with
APS as the general contractor. The City is welcome to conduct a final walk through to
verify work is completed at a satisfactory level.
. All work will be completed according to state and local laws.
. QNQC plans are unnecessary as this is essentially a one step installation process. APS
backs up the labor for I year and the materials are backed by manufacturer warranties of
up to 10 ten years.
. Record keeping will be organized and reported during monthly project status meetings.
The details are described above in the Project Management Plan section and reiterated
below:
o Which facilities have begun construction
o Which facilities have completed construction
o Which facilities have been invoiced for work completed
o 'Which invoices have been paid/which invoices are outstanding
o Overall project timeline status - on time, behind, ahead of schedule
o Any accidents will be reported to the City immediately
.. ".
This section is truly NOT APPLICABLE to lighting only retrofits. The lighting control systems
(switches) will not be affected by this project, therefore, the lighting system will operate as it did
prior to the upgrade in lamps. No service/operating manuals are necessary and no personnel
training is necessary. With respect to warranty information, the City of Chula Vista is welcome
to meet with APS 11 months after the project is completed to review the manufacturer warranties
that remain in effect. Generally, however, the manufacturer warranty information will be
provided to the City for their records.
6
8-93
American Power Solutions - Energy Efficient Lighting
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8-94
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American Power Solutions - Energy Efficient Lighting
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The schedule of rates is not necessarily uniform across all projects. The fees are categorized in
three sections: Materials, Labor, and the optional Comprehensive Energy Audit. ~
American Power Solutions will break down the fee structure for a lighting retrofit into two
categories: Materials and Labor. The lighting survey component of the project is rolled into the
cost of materials. Materials will include lamps, fixture, and wiring. Labor will simply be
inclusive of all activity required to install the new fixtures including the rental oflift equipment
if necessary. There is no set schedule of rates as each individual facility has different needs.
Please refer to the next section, Project Estimate for a detailed cost proposal.
OPTIONAL COSTS/ACTIVITIES:
Comprehensive energy audits can be performed at any given facility on a Time and Materials
Basis. This audit will be optional, not mandatory as the focus of this RFP is pursuing a lighting
upgrade only. The advantage of a comprehensive energy audit is simply gathering information
and establishing a punch-list plan to drastically reduce the energy consumption of a given facility
by addressing ALL building systems, not just lighting. The energy audit will result in a detailed
report identifying the current energy consumption, energy conservation measures recommended,
project cost estimates, application of available utility rebates and financing vehicles, and an
economic analysis (return on investment) for the recommended improvements. This deliverable
could easily be used to work with American Recovery and Reinvestment Act (ARRi\.) monies.
If this comprehensive energy audit is desired, the fees will be based on a Time and Materials
contract.
A special note: SDG&E sponsors certain programs that can pay for the majority of energy
auditing costs in many cases, leaving a very small out of pocket expense for the City of Chula
Vista.
Energy Engineer Rate for comprehensive audits = $11 O/hour
8
8-:-95
American Power Solutions - Energy Efficient Lighting
~~~~~~~~~~~~~~~m~;,~t~~~1~1~~f4~~~:~1l
The follo\Ving charts represent an ESTIJ'vlATE for the pricing of the sites identified in the RFP
document (Proposall) and an additional Proposal 2 inclliding extra sites not mentioned in the
RFP. The extra sites are as follows:
. Fuel station . Bus bay
. 1800 Maxwell 0 Otay gym
. Yard parking lot . Veterans gym
Do to the large number of locations, the pricing estimate has been summarized in the chart
below. The full document is best viewed electronically, and will be supplied upon request. Also,
a more legible Pricing Estimate will be printed at the end of this document as Attachment 4.
Attachment 5 will include a Pricing Estimate for EXTRA locations not identified in the RFP
document.
To summarize, the proposed ESTIMATE for all locations identified in the RFP is totaled as
follows:
RFP ONLY SITES: CITY OF CHULA VISTA
PARKS-
RFP
IDENTIFIED 340,538.74 $44,270.04 $17,026.94 $377,238.00 $360,211.06
SITES
ONLY
To summarize, the proposed ESTIMATE for EXTRA locations, not identified in the RFP is
totaled as follows:
PROPOSAL 2: RFP SITES + EXTRA SITES CITY OF CHULA VISTA
RFP
IDENTIFIED
SITES +
EXTRAS
474,273.80 $61,655.59 $23,713.69 $425,216.00 $401,502.31
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8-96
American Power Solutions ~ Energy Efficient Lighting
RFP ONLY SITES: CITY OF CHULA VISTA
Wattage Bum
pee Wattage hours Annual
Existing lighting existing Existing New lighting per new pee kWh Annual $$ Rebate from Net project
Parks fixture fixture quantity fixture fixture year savings sa'Jings SaGE Unit price costs
Hilltop Decorati\e 300 9 Retrofit 110 1,456 2,489.76 $323.67 $124.49 $239.00 $2,026.51
Greg Rogers Oecorati1Je 188 13 RetrOfit 82 1,456 2,006.37' $260.83 $100.32 $239.00 $3,006.68
Greg Rogers Decorati\e 300 7 Retrofit 110 1,456 1,936.48 $251.74 $96.82 $23900 $1,5/6.18
Voyager Decorati\e 300 78 Retrofit. 110 1,456 21,577.92 $2,805.13- $1,078.90 $239.00 $17,563.10
Disco\ery Decorati've 300 28 Retrofit 110 1,456 7,745.92 $1,006.97 $387.30 $239.00 $6,304.70
Rohr Cobra. tube 188 33 Retrofit QL 72 1,456 5.573.57 $724.56 $278.68 $247.00 .$7,872.32
Rohr Cobra tube 250 18 Retrofit 160 1,456 2,358.72 $306.63 $117.94 $263.00 $4,616.06
Rohr Cobra 300 4 Cobra 160 1,456 815.36 $106.00 $40.77 $490.00 $1,919.23
Valle Undo Decoratl\e 300 5 Retrofit 160 1,456 1,019.20 $132.50 $50.96 $273.00 $1,314.04
Los .Ninos . Decorathe 300 4 Retrofit 110 1,456 1,10656 $143.85 $55.33 $239.00 $900.67
Lorna Verde SO Shoebox 464 2 Cobra 160 4,004 2,434.43 $316.48 $121.72 $490.00 $858.28
Loma Verde SO Shoebox 188 7 Cobra 42 4,004 4,092.09 $531.97 $204.60 $351.00 $2,252.40
Lorna Verde so Oecoratiw 300 4 Retrofit 82 4,004 3,491.49 $453.89 $174.57 $239.00 $781.43
Mansol Oecorati\e ' '300 .14 Relrotit 110 1;456 3,872.96 $503.48 $193.65 $239.00 $3,152.35
Bay BI\d Oecoratiw 188 7 Retrofit 42 1,456 1,488.03 $193.44- $74.40 $203.00 $1,346.60
GilA!; Ubrary Shoebox 484 12 Cob", 160 3,640 13,278.72 $1,726.23 $663.94 $490.00. $5,216.06
Chic Library Wall pack 300 3 Wall pack 100 3,640 2,184.00 $283.92 $109.20 $384.00 $1,042.80
~i\AC Ubrary Decorati\e 300 7 Re1rofit 80 3,640 5,605.60 $728.73 $280.28 $239.00 $1,392.72
Explorer Decorali\€ 250 13 Retrofit 110 1,456 2,649.92 $344.49 $132.50 $239.00 $2,974.50
Sarna Valeiitia Cobra 464 6 Cob", '160 1,456 2,655.74 $345.25 $132.79 $490.00 $2,807~21
Santa Valentia Decorati\e 215 27 Retrofit 82 1,456 5,228.50 $679.70 $261.42 $239.00 $6,191.58
Cottonwood Decorali\e 215 73 Retrofit QL 42 1,456 18,387.82 $2,390.42 $919.39 $22000 $15,14D.61
Santa Cora Decorati\e 215 28 Retrofit QL 42 1,456 7,052.86 $916.87 $352.64 $220.00 $5,807.36
Santa Cora Shoebox 1100 4 Cob" 250 . 1,456 4,950.40 $643.55 $247.52 $610.00 $2,192.48
Winding Walk Decoratl\le 215 48 Retrofit 72 1,456 9,993.98 $1,299.22 $499.70 $242.00 $11,116.30
Winding Walk Decorati\e ._300 6 Retrofit 72 1,456 1,991.81 $258.94 $99,59 $242.00 . $1,352.41
Sunset View Decorath.e 215 12 Retmfit 82 1,456 2,323.78 $302.09 $116.19 $239.00 $2,751.81
Sunset Vfew Oecoratl\e 215 59 Retrofit 82 1,456 11,425.23 $1,485.28 $57126 $239.00 $13,529~74
TIffany Decorati\e 300 4 Retrofit 110 1,456 1,106.56 $143.85 $55.33 $239.00 $90067
MaCkenzie QeCorati\e . 0 0 Retrofit 1.456 0.00 $0.00 $O~OO $0.00 $0.00
Bonita Long Decorali\e 188 14 Retrofit 82 1,456 2,160.70 S280.89 $108.04 $239.00 $3,237.96
HaMS' Decorati\e '.138 12 Retrofit 82 1,456 978.43- $127.20 $48.92 $239.00 . $2,5.19_08
HaMS' Decorati\e 188 6 Re1rom 82 1,456 926,02 $120.38 $46.30 $239.00 $1,387.70
~eritage = Shoebox 300 12 Retrofit 110 1,456 3;319.68 $431.56 $165.98 $239,00 $2,702.02
Heritage Oecoralb.e 188 35 Retrofit 82 1.456 ~.401.76 $702.23 $270.09 $239.00 $8,094.91
Horizon Decorali>.e .188' 19 Retroftl QL 42 1,456 4,038.94 . $525.06 $201.95 $220.00 $3,978,05
Horizon Decorati\e 215 4 Retrofit OL 70 1,456 844.48 $109.78 54222 $223.00 $849.78
Skate Decorati\e . '138 11 Retrofit 42 4,004 4,22822 $549.67 $211,41 $203.00 $2,021.59.
Skate Shoebox 300 21 Retrofit 160 4,004 11,771.76 $1,530.33 $588.59 $263.00 $4,934.41
Eucaluptus Shoebox 484 10 Retrofit 160 1,456 4,426.24 $575.41 $221,31 $263.00 $2,408.69
Terra No'03 Shoebox 250 16 Re1rofit 110 1,456 3,261.44 $423.99 $163.07 $239.00 $3,660.93
Monte-.alle Shoebox . 250 48 Retrofit. 110 1,456 9;784.32 . $1,271'.96 $489.22 $239.00 $10,982.78
Montevalle Shoebox 138 27 Retrofit 42 1,456 3,773.95 $490.61 $188.70 $203.00 $5,292.30
S~lt Creek High bay .464 24 High bay 260 1,4S6 . 7,128.58 $926,71 $356.43 $455,00 .$10,563.57
Salt Creek Decorati\.€ 188 115 Retroht 42 1,456 24,446.24 $3,178.01 $1,222.31 $203.00 $22,122.69
Salt Creek Shoebox 300 14 Cobra 160 1A56 2,853.76 $370.99 $142.69 $490.00 $6,717.31
Salt Greek Shoebox 464 8 Cob" 260 1,456 2,376.19 $308.90 $118.81 $610.00 $4,761.19
:Otay Decorati1Je 188 16 RetrofitQl:' .55 1.456 3,098.37 $402.79 .$154.92 $300.00 $4,645.08
Lauterbach Shoebox 300 23 Cob", 110 1,456 6,362.72 $827,15 $318.14 $383.00 $8,490.86
Palomar Decorati\e 300 4 Retrofit 110 1,456 . 1,106.56 $143.85 $55.33 $239.00 $900.67
3rdAve' Decorati'<e 215 100 Retrofit 82 1,456 19,364.80 $2,517.42 $968_24 $239.00 $22,931.76
Memorial Decorati\e 21S 48 Retrofit 82 1,456 9,295.10 $1,208.36 $464.76 $239.00 $1.1;007.24
Harborside Decorati\e 138 33 Retrofit 42 1,456 4,612.61 $599.64 $230.63 $203.00 $6,468.37
HarborSide Cecoratil.€ 188 12 Retroftl 82 1~456 1,852~03 $240.76 $92.60 $239.00 . $2,775.40
Veterans Shoebox 300 18 Retrofit 110 1,456 4,979.52 $647.34 $248.98 $239,00 $4,053.02
Veterans Decorali...e 138 57 Re1rofit 42 1,456 7,967.23 $1,035.74 $398.36 $203.00 $11;172.64
Sunridge Oecorati\e 300 5 Retrofit 110 1.456 1,383.20 $179.82 $69.16 $239.00 $1,125,84
McCandless Decorati\e 188 5 Retrofit 82 1,456 771.68 $100.32 $38.58 $239.00 $1,156.42
Mount, H3I/Vk Shoebox 138 60 Retrclit 42 1,456 8,386.56 $1,090.25- $419.33 $203.00 $11,760.67
Animal Control Cobra LP S . 178 3 Retrofit 82 1,456 419.33 $54.51 $20.97 $239,00 $696~03
Lots 3--11 Shoebox 188 84 Retrofit 82 1,456 12,964.22 $1,685.35 $648.21 5239.00 $19,427.79
Ci'.tc Library Shoebox 300 . 12. Retcofi! 160 1.456 2,446.08 $317.99 $122.30 $263.00 $3,033.70
Community Shoebox 183 30 Retrofit 82 1,456 4,630.08 $601.91 $231.50 $239.00 $6,938.50
Community Cob", 188 54 Cob", 82 1,456 8,334,14 $1,083.44 $416.71 $363.00 $19,185-.29
'~::2'~;::"~,:;::f'i~,:;~~tt:'1}~>,~'~.rGRAND:TOTALS:;::.;,:;;':':':"'f.::;t:.:;';~ ;'.,'" ~,~:>-'.:':. '''',' .... "i !340,538:74 ~$44;Z10~04 ' $t7,o-26;.94~ ~',$".>::P.'if'.l $36(J,Z11:06
PAYBACK i[~jt~~
~~
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American Power Solutions - Energy Efficient Lighting
PROPOSAL 2: RFP SITES + EXlRA SITES CITY OF CHULA VISTA
Wattage
pee Wattage Bem Annual
Existing lighting existing Existing Newlighling per new hours kWh Annual $$ Rebalefrom Net project
Locations fixture fIXture quantity fixture ~xture per year sa".;ngs s8'<ings SOGE Unit price costs
Fuel station High bay 464 12 High bay 210 4,004 12,204.19 $1,586.54 $610.21 S405.00 $4,249,79
Bus bay , High bay 215 6 EnduraEX 110 4,004 2,522.52 $327.93 $479.28 $365.00 $1,710.72
Corp yard ShO'Nbox 464 53 Retrofit 160 4,004 64,512.45 ~-$8.386.62 "$3,225.62 $273.00 $11,243.38
1800 Maxwell Showbox 215 18 Retrofit 42 4,004 12.468.46 $1,620.90 $623.42 $203.00 $3,030.58
Hilltop Decorali...e 300 9 Retrofit 110 1.456 2,489.76 $323.67 $124.49 $239.00 $2,026.51
Greg Rogers' Decorati\e 188 13 Retrofit 82 1,456 2.006.37 $260.83 $100.32 $239.00 $3,005.68
Greg Rogers Decorathe 300 7 Retrofit 110 1,456 1,936.48 $251.74 I S96.82 S239.00 $1,576.18
Voyager Decomli...e 300 78 Retreat 110 1,456 21,Sn.92 $2,805.13 $1,078.90' $239.00 $17,563.10
Disco...ery Decorali~ 300 28 Retrofit 110 1,456 7,745.92 $1,006,97 $387.30 $239.00 $5,304.70
Rohr .. ., Cobra tube 188 33 RetrofitQL 72 1,456 5,573.57 $724.56 $278.68 $247.00 57,872.32
Roo' Cobra tube 250 I 18 Retrofit 160 1.456 2,358.72 $305.63 $117.94 5263.00 54,616.06
Rohr. Cobra' 300 A. Cobm 160 1,456 815.36 $106.00 $40.77 $490.00 $1,919.23
VaJleLindo Decoratil.e 300 5 Retrofit 160 1,456 1,019.20 $132.50 $50.96 $273.00 $1,314.04
Los Ninos Decoratll.e '300 4 Retrofit 110 1,456 1.106.56 $143.85 $55.33. $239.00" $900.67
LomaVerdeS Shoebox 464 2 Cobra 160 4,004 2,434.43 $316.48 $121.72 $490.00 $858.28
loma Verde S Shoebox 18B 7 Cobrn .42 4,004 4,092.09 5531.97 I $204.50 S351. 00 $2.252.40
lomaVerdeS Decorati\e 300 4 Retrofit 82 4,004 3,491.49 $453.89 1$174.57 $239.00 $781.43
Mansol Decoratil.e 300 14 Retrofit 110 1,456 3,872.96 $503.48 $193.65 $239.00 $3.152.35
Bay Bllod Decorati>.e 188 7 Retrofit 42 1.456 1,488.03 $193.44 I $74.40 $203,00 $1.346.60
Cl".cLibralY ..' Shoebox 464 12 Cobrn 160 3,640 13,278.72 $1,726,23 I $663.94 $490.00 $5,216.06
Chic Library Walipack 300 3 WaJlpack 100 3,640 2,184.00 $283.92 I $109.20 $384.00 $1,042.80
CiloicUbrarY Decorati...e 300 ,7 Retroflt 80 3,640 5,605.60 $728.73 $280.28 $239.00 . $1,392.72
Explorer Decorati\oe 250 13 Retrofit 110 1,455 2,649.92 $344.49 $132.50 $239.00 $2,974,50
Santa Valentia Cobrn 464 6 Cobrn 160 1,456 2.655.74 $345.25 $132.79 $490.00 $2,807,21
Santa Valentia Decoratil.e 215 27 Retrofil 82 1,456 5,228.50 $679.70 I 5251.42 5239.00 $6,191.58
CottonwOod Decoratil.e 215 73. . RetrufitQL .42 1,456 18,387.82 $2,390.42 $919.39. $220.00 $15,140.61
Santa Cora Decora!il.e 215 28 Retrofit OL 42 1.456 7,052.86 $916.87 5352.64 $220.00 $5,807.36
Santa Cora Shoebox 1100 4 Cobra 250 1,456 4,950.40 . $643.55 $247.52 $610.00 $2,192.48
Winding Walk Decorative 215 4B Retrofit 72 1.456 9.993.98 $1.299.22 $499.70 $242.00 $11,116.30
YVinding.Walk Decoratil.e 300 ,6 Retrofit 72' 1,456 1,991.81 5258.94 $99.59 $242.00 '$1,352.41
Sunset View Decomti\"e 215 12 Relrofit 82 1,456 2,323.78 $302.09 I $116.19 5239.00 $2,751.81
Sunset View Oecoratil.e 215 .59 Retrofit 82 1.456 11.425.23 $1,485.28 $571.26 $239.00 $13,529.74
TiffanY Oecorati..e 300 4 Retrofit 110 1,456 1,106.56 $143.85 $55.33 $239.00 $900.67
Mackenzie . Decoratiw 0 0 Retrofit. 1.456 0.00 $0.00 $0.00 . SO.OO. $0.00
Bonita Long Decomti\e 188 14 Retrofit 82 1,456 2,160.70 5280.89 5108.04 $239,00 $3,237.96
HaMst Decoratiw 138 12 Retrofit 82 1,456 978.43 $127.20 $48.92 $239.00 $2,819.08
HaMst Decoralil.e 188 6 Retrofit 82 1.456 926.02 $120.38 $46.30 $239.00 $1,387.70
Heritage Shoebox' 300 12 Retrofit 1.10 1',456 3,319.68 $431.56 $165.98 $239.00 .$2,702.02
Heritage Decorali\e lB8 35 Retrofit 82 1,456 5,401.76 $702.23 $270.09 5239.00 sa,094.91
Horizon Decoratl>.e 188 . '19' Retrofit Ql 42 1,456 4,038.94 $525,06 . $201.95 5220.00 -$3,978.05
Horizon Decomtiw 215 4 Retrofit QL 70 1,456 844.48 $109.78 $42.22 $223.00 $849.78
Skate Decoratil.e 138 11 Retrofit. , 42 4,004 4,228.22 $549.67 $211.41 $203.00 $2,021.59
Skate Shoebox 300 21 Retrofit 160 4,004 11,n1.76 $1,530.33 $588.59 S273.00 $5,144.41
Eucaluptus Shoebox 464 10 Retrofit 160 1,456 4.426.24 $575.41 I 5221.31 5273.00 $2,508.69
TerrnNow Shoebox 250 15 Retrofit 110 1.456 3,261.44 $423.99 $163.07, $239.00 $3,660.93
Monle\tlUe Shoebox .260 46 Retrofit .' 110 1,456 9,784.32 $1,271.96 $489.22 $239,00 $10,982.78
Montewlle Shoebox 138 27 Retrofit 42 1,456 3,773.95 $490.61 $188.70 $203.00 $5,292.30
Salt C.reek High bay 464 24 High bay' 260 '1,456 7,128.58 $926.71 $356.43 $455.00 $10,563.57
Salt Creek Decorati...e 188 115 Retrofit 42 1,456 24,446.24 $3,178,01 $1,222.31 S203.00 $22.122,69
Salt Creek Shoebox :300' 14 Cobia. 160 1.456 2,853.76 $370.99 .$142.69 5490.00 $6,717.31
Salt Creek Shoebox 464 8 Cobra 250 1.456 2,376.19 $30a.90 I $118.81 $610.00 $4,761.19
Ot"" Decoratk.e 188 16 Retrofit OL 55 1,456 3,09a.37 $402.79 $154.92 '$300,00 $4,645.08
Otay Gym High bay 464 24 High bay 210 3,640 22,189.44 52,884.63 $4,215.99 $405.00 $5,504.01
OtayGym " High bay ,290 9 High bay 160 3,640 4,258.80 $553.64- sa09.17 $395.00 $2,745.83
Lauterbach Shoebox 300 23 Cobra 110 1,456 6,362,72 $827.15 $318.14 $383.00 $8.490.86
Palomar . Decora!l\oe 300 4 Retrofit 110 1,456 1,106.56 $143.85 $55.33 $239.00 $900.67
3rdA>.e Decomtil.e 215 100 Retrofit 82 1.456 19,364.80 $2,517.42 $968.24 $239.00 $22.931.76
Memorial Decorati\e 215 I 48 Retrofit 82 1;456 . 9,295.10 '$1:208.36 $464.76 $239.00 $11,007.24
Harbornide Decoratiw 138 33 Retrofit 42 1,456 4,612.61 I 5599.64- $230.63 $203.00 $6,468.37
HartJornide Decorati-.e 188 12 Retrol1t 82 1,456 1,852.03 $240.76 $92,60 $239.00 $2,775.40
Veterans Shoebox 300 18 Retron! 110 1,456 4,979.52 $647.34 $248.98 $239.00 $4,053.02
Veterans. Decorati\oe 138 57 Retrofit 42 1,456 7,967.23 $1,035.74 $398.36 $203,00 $11,172.64
Veterans gym High bay 464 20 High bay 250 3,540 15,579.20 $2.025.30 I $778.96 $455.00 $8.321.04
rSunndge Oecorati..e '300 5 . Retrofit 110 1,456 1,383.20 $179.82 $69.16 S239.00 $1,125,84
McCandless Oecorati-.e 188 5 Retrofit 82 1,456 771.68 $100.32 $::l8.58 $239.00 $1,156.42
Mount. Hawk Shoebox 138 60 -: Retrofit 42 1,456 8,386.56 $1,090.25 $419.33 $203:00 $1.1,760.67
Amma! Control Cobra LPS 178 3 Retrofit 82 1.456 419.33 $54.51 $20.97 $239.00 $696.03
Lots'J-.11 Shoebox 188 64 Retrofit 82 1,456 12.964.22 $1,685:35 $648.21 $239.00 $19,427.79
Cl\licLibrnlY Shoebox 300 I 12 Retrofit 150 1,456 2,446.08 $317.99 $122.30 $273.00 $3,153,70
Community Shoebox 188 30 Retrofit 82 1,456 4,630.08 $601.91 $231,50 $239.00 $6.9:38.50
Community Cobra 188 54 Cobia 82 1,456 8,334.14 $1,083.44 $416.71 $363.00 $19,185.29
:-:.:[;I~~~~~t.~~';;GRAND'.TOTALS;1,:;~.'!?;:3::~~~~ {*"'2\7.):>6~.;-;~~~ 474;.273.80 '~$61:ii55.sgl' $23,113.69 :i>:'~ :$4lJ1:!i02:31
PAYBACK ~~~
(yRi~~Fl ~f" "6,;5:~~'
11
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American Power Solutions - Energy Efficient Lighting
~:~.::::.~,.~;.:~~~_~~g~~&l!~lr~~7~~~~~~(ii~~~rmi~fJf~i>'i~~~Ji~l~1f~~~1~~~~:
The fee structure for lighting retrofits will vary depending on project size. Typically, a project
will be defined as 1 facility. In this case, the installation timeframe is quite quick and the fee
structure \ViII simply be pay upon completed installation. According to the "Work to be Done"
Section, there are no projects that would be determined to be extremely large scale requiring
weeks or months of work as an individual facility. Given this, there is no need to develop a
progressive payment schedule. Again, APS will abide by the cost proposal listed in the Project
Estimate section and payment will be requested upon completion ofthe retrofit on a building by
building basis.
There are financing vehicles available to assist the City in procuring lighting retrofits. Perhaps
the best tinance vehicle available is On Bill Finance from SDG&E. This tool allows the City to
receive a loan at 0% for up to 10 years and a maximum of $250,000 per meter. This loan is
available for EVERY electric meter appearing on the City ofChula Vista electric account. This
program sets the loan term to approximately equal the expected simple payback on the energy
conservation project; thus creating a cash flow neutral payment scenario. The loan is paid back
directly through existing SDG&E billing formats.
OPTIONAL SERVICES:
Comprehensive energy audits and Demand Response audits will be offered to the City on a time
and materials basis, separate from the lighting retrofit. The energy audits will be conducted by
qualified energy engineers and all reports provided will be validated by a Certified Energy
Manager (CEM) or Professional Engineer (PE) credentialed engineer. The energy audits will not
be mandatory, but will be offered as an option to the City. These services will be paid on a Time
and Materials basis. However, there are a variety of Utility sponsored programs that can, in
some instances, be used to pay for a generous portion of these auditing services. The City will
be made aware of any and all Utility rebate/incentive programs to assist with the cost of energy
auditing as well as lighting product purchasing.
" "I) "lJ'
~.,,,,,,;,,,,,"''''..-:.,JI! ~...., ,.::,..;;!;
.'-""
There are no special InvestigationlDesign Fees. All fees are captured in the Materials and Labor
cost categories as outlined in the Project Estimate Section. Again, this RFP is soliciting lighting
retrofits ONLY which are very simple projects compared to a typical new construction design
build strategy. There is no need for a separate InvestigationlDesign Fee.
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American Power Solutions - Energy Efficient Lighting
~.fIWg~~~~~~~~~lrt~~1~~lf~~f,{~?~~~~~~~~1~~~~~t~~,~~!~~%~rf:~
All lamps will be installed with a manufacturer 10 year warranty (lamp only). Additionally, the
lanlps will be rated for 5,000 Kelvin as specified in the RFP.
The product specitication sheets are lengthy arid detailed. They will be provided as an
attachment to this document. Please frod the information within Attachment 6: Product
Specification Sheets.
13
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American Power Solutions - Energy Efficient Lighting
Resumes are provided as Attachment I to this RFP RespDnse document. They represent a listing
of the chief members who will be involved in designing the project, but the individuals who will
be installing the lighting upgrades are not listed for the sake of brevity.
.~,~.~~~~oc~~~t~~~~~~~l~~~t&l~~~'i~~~~ff~;~~f?~l~j~~;jli~~~~:~~fi~~~~~~~'
The current insurance documentation is listed as ATTACHMENT 2: CERTIFICATE OF
INSURANCE. Please read this document for details.
,f'
This lighting project will be a long term project given the quantity of facilities (42) that need to
be retrofitted. American Power Solutions plans to dedicate a crew of 4-5 workers to accomplish
this list ofprojects. It is anticipated that the project will consume 6-8 months.
APS is prepared to begin work on this project within 2 weeks of contract award. However, care
must be given to the Energy Efficiency Incentive/Rebate Programs and their timelines.
Currently, we are in between funding cycles and may be required to wait until the new program
timelinednitiate. It is anticipated that the new program cycle may begin in October 2009. Do to
the current status of these rebates, it is advised that the City of Chula Vista wait until the new
program cycle begins before initiating these lighting retrofits. Ifthe construction begins too soon
for the lighting retrofits, the energy efficiency rebates/incentives may become invalid.
The payment schedule will be set to invoice MONTHLY. A monthly invoice will contain a
breakdown of which sites were completed, thus multiple sites will be included in a single
invoice. This is the administratively preferred means of payment since there are many small
sites in the project list and invoices could get unwieldy if invoiced on a per site basis.
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American Power Solutions - Energy Efficient Lighting
ATTACHMENT 1: KEY PERSONNEL RESUMES
15
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American Power Solutions - Energy Efficient Lighting
David Ran, President
Education:
BA Civil Engineering, Hanyang University, Seoul Korea
Previous Work Experience:
Engineering Manager, LG Construction Korea
Engineering Manager, Schaeffer Engineering Associates, Canada
Peter Y oon, Director of Operations
Education:
BA Mechanical Engineering, Y onsei University, Seoul Korea
MBA, Georgia State University, Atlanta, Georgia
Candidate California State Electrical CIO License
Jerry \Veitsz, Manager of Sales & Marketing
Education:
BA Marketing, University of Port Elizabeth, South Africa
MBA Rudgers Graduate School of Management
Previous Work Experience:
Self-Employed, free-lance sales and marketing services
Paul Lee, Supervisor of Installation
Education:
BA Electrical Engineering, Inha University, Seoul Korea
C 1 0 California State Electrical License
Sample Projects Supervised:
City of Mission Viejo, Compton High School, City of Alhambra - various types
of facilities from multi-purpose rooms to court rooms.
Jason Knight, Enerl!V Engineer
Education:
B.S. Mechanical Engineering, San Diego State University, San Diego
MBA, San Diego State University
CEM - Certified Energy Manager
PE - Professional Engineer
Previous Work Experience:
Principal, EFM Solutions
Energy Engineer, California Center for Sustainable Energy
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American Power Solutions - Energy Efficient Lighting
ATTACHMENT 2: CERTIFICATE OF
INSURANCE
17
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American P01,ver Solutions - Energy Efficient Ljghting
ACORp~ CERTiFICATE OF LIABILITY INSURANCE I .."'~
611512009
PltOtlX:t!ll (Baa) 825-4322 THIS CERnACAu: IS lSSUED AS A 'lATTER OF INfORMATION
Bowermaster & Associ.atl~s ONLY AND CONFERS NO R,lGliTS UPON THE CERTIFICATE
P_O. B.ox 61J26 : HOLDER. THIS CERi1P.CA TE DOES NOT AMEND. EXTEND OR
ALTER THE CDYERAGE AFfORDED BY THE POUC!ES BELOW.
10a05 Hotder St:reet - Suite 350
Cypress, CA 90630 INSURERS AFfORDlHG COVERAGE HAleS
.,- American Power Solutions. Inc... :L'(1!t;1'l!!f( ~ The Hartfocdlnsurance Groun >942<
2OS1 Raymer Ave # A f'l!R.~ ~ Hartford Casualty InsuranCE Comtlanv
loc:2 subloc:1 IN~~ e. EnduraRC1:! Wor1tef'S' Comru>nsation lnsu
Fullerton, CA 92833-26G4 teuffi'tQ.
N~~e
AMERPOW-01
SHBU
COVERAGES
THE. PO!..!CIRS OF 1S31..i?~:;' ua. m "ELm\' !"'.AVE :icEN !:;lS'.JE!) TO"T1"'S IN.SURED NAUEtl A60VE FOR nos PCUCY PERIOl) ~~C1C^,..o_ Nor/llr,Ka"i^"ClNO
AllY 'REC:t.~:zE,tEi\IT, TERIA OR CO'NOI1i:QN OF ANY CC-~7 eR OT.~ DC~"iTWtT,., ~PECT.O WHI(;}1 iHt3 CERT::=lC\TE JM.Y aE ISSUED CR
MAY r!:i'<':7.NN, ,HE INSliRANCE AFr'CRCEC BYT1--1: PC'J.c;;;:3 OE:;>CR/SEJ HE'::~El'J IS 3L,"9.J,EC7 TO AU. Tl-IE 'i'ERM3, Ex:a.U31CNa ANO CCNCI,lC"'o OF SUCH
PC!..'.crcZ.,.t.GC;R::~TE L1Mi,3 SSCWH MAY 1-1,.",= SE:N FI.ECt.'CEQ ay P....O Ct.AlP.l3.
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RE: Energy Emclancy Ughtlng Rstront.at MU~ facl11l198 In the Clly of cnula V!1I-ta.. CA . Th9 CIty or Ctlula Vla.ta. rbl oft1e&n1, OfTk!ale:.
j)mploye~. agents. and volcnt&ef3 are I1Bmd 38 Addltlonalllm!'lJ~d plilr tile eUSlr1&88 U2bmty COvwage form ssoooa. atbcned to tnls pOlicy.
CERTif1CATE HOLDER
CANCELLATION
I:SHCUJ)NfT C#'TlC;I.1IO'\'IC ~lI.lom 1"OI.I;C:It$1II1t~1Un) lSUCU.lJoIlt~notI
City of Chula Vista OAnt~. TtIII~~!lutl:ell...,u..elIOZA_lOWiL 3L- 0A'l'1S~
Public Service Building MOnell::!O :rta'~nrHat.110~1'Onc\..UT. fIU1 AAll..lMaroooeo$KllU.
276 Fourth Avenue
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18
8-105
American Power Solutions - Energy Efficient Lighting
j
ATTACHMENT 3: FINANCIAL STATEMENT
FINANCIAL STATEMENT (PAGES 20-29) INCLUDED WITH ORIGINAL DOCUMENT
19
8-l06
American Power Solutions - Energy Efficient Lighting
ATTACHMENT 4: PRICING ESTIMATE
For RFP stated locations ONLY
30
8-107
RFP ONLY SITES: CITY OF CHULA VISTA
Wattage Burn \-
per Wattage hours Annual
Existing lighting existing Existing New lighting per new per kWh Annual $$ Rebate from Net project
Parks fixture fixture quantity fixture fixture year savings savings SDGE Unit price costs
Hilltop Decorative 300 9 Retrofit 110 1,456 2,489.76 $323.67 $124.49 $239.00 $2,02651
Greg.Rogers Decorative 188 13 Retrofit 82. 1,456 2,006.37 $260.83 . $100.32 $239.00 $3,006 68 .
Greg Rogers Decorative 300 7 Retrofit 110 1,456 1,936.48 $251.74 $96.82 $239.00 $1,576.18
Voyager Decorative 300 78 Retrofit 110 1,456 . 21 ;577.92 . $2,805,13 $1,07R90 $239.00 $17;563.10
Discovery Decorative 300 28 Retrofit 110 1,456 7,745.92 $1,00697 $387.30 $239.00 $6,304 70
Rohr Cobra tube 188 33 Retrofit QL 72 1,456 5,573,57 $724.56 $278.68 $247.00 . $7,872.32
Rohr Cobra tube 250 18 Retrofit 160 1,456 2,358.72 $306.63 $117.94 $263.00 $4,616.06
Rohr Cobra 300 4 Cobra 160 1,456 8.15.36 $106.00 $40.77 $490:00 . $1:919,23
Valle Lindo Decorative 300 5 Retrofit 160 1,456 1,019.20 $132.50 $50.96 $273.00 $1,314.04
Los Ninos Decorative 300 4 Retrofit 110 1,456 1,106.56 $143.85 $55.33 $239.00 $900.67
Lorna Verde SD< Shoebox 464 2 Cobra 160 4,004 2,434.43 $316.48 $121.72 $490.00 $858.28
Lorna Verde SD< Shoebox . 188 7 Cobra 42 4,004 4,092.09 . $531.97 . $204.60 $351.00 $2,252.40
Lorna Verde SD< Decorative 300 4 Retrofit 82 4,004 3,491.49 $453.89 $174.57 $239.00 $781.43
Marisol Decorative 300 14 Retrofit 110 1,456 3,872.96 $503.48 $193,65 $239.00 $3,152.35
Bay Blvd Decorative 188 7 Retrofit 42 1,456 1,488.03 $193.44 $74.40 $203.00 $1,346.60
Civic Library Shoebox 464 12 Cobra 160 3,640 13,278,72 $1,726.23 '$663.94 $490,00 $5,216:06
Civic Library Wall pack 300 3 Wall pack 100 3,640 2,184.00 $283,92 $109.20 $384.00 $1,042.80
Civic Library Decorative 300 7 Retrofit 80 3,640 5,605,60 $728.73 $280:28 $239.00 $1,392.72
Explorer Decorative 250 13 Retrofit 110 1,456 2,649.92 $344.49 $132.50 $239.00 $2,974.50
Santa Valentia Cobra 464 6 Cobra 160 1,456 2,655.74 $345.25 $132.79 $490.00 $2,807.21
Santa Valentia Decorative 215 27 Retrofit 82 1,456 5,228.50 $679.70 $261.42 $239.00 $6,191.58
Cottonwood Decorative 215 73 Retrofit QL 42 1,456 18,387.82 $2,390.42 $919.39 $220.00 . $15,140.61
Santa Cora Decorative 215 28 Retrofit QL 42 1,456 7,052.86 $916.87 $352.64 $220.00 $5,807.36
Santa Cora Shoebox 1100 4 Cobra 250 1,456 4,950.40 $643.55 $24752 $610.00 $2,192.48
Winding Walk Decorative 215 48 Retrofit 72 1,456 9,993.98 $1,299.22 $499.70 $242.00 $11,116.30
Winding Walk Decorative 300 6 Retrofit 72 1,456 1,991.81 . $258.94 $99.59 $242.00 $1,352.41
Sunset View Decorative 215 12 Retrofit 82 1,456 2,323.78 $302.09 $116.19 $239.00 $2,751.81
Sunset View . Decorative 215 59 Retrofit 82 1,456 11,425.23 $1,485.28 $571.26 $239.00 $13,529.74
Tiffany Decorative 300 4 Retrofit 110 1,456 1,106.56 $143.85 $55.33 $239.00 $900.67
Mackenzie Decorative 0 0 Retrofit 1,456 0,00 $000 . $0.00 $0,00 $0.00
Bonita Long Decorative 188 14 Retrofit 82 1,456 2,160.70 $280.89 $10804 $239.00 $3,237.96
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Harvest Decorative 138 12 Retrofit 82 1,456 978.43 $127~20 $48.92 $239.00 $2,819.08
Harvest Decorative 188 6 Retrofit 82 1,456 926.02 $120.38 $46.30 $239.00 $1,387.70
Heritage Shoebox 300' 12 Retrofit 110 '1,456 . 3,319.68 $431.56 $165.98 $239.00 $2,702.02
Heritage Decorative 188 35 Retrofit 82 1,456 5,401.76 $702.23 $270.09 $23900 $8,094.91
Horizon Decorative 188 19 . .' Retrofit OL 42 1,456 4;038.94 $525 06 $201.95 $220.00 $3,978.05
Horizon Decorative 215 4 Retrofit OL 70 1,456 844.48 $109.78 $42.22 $223.00 $849.78
Skate Decorative 138 11 Retrofit 42 4,004 4,228:22 $549.67 $211.41 $203.00' $2,021.59
Skate Shoebox 300 21 Retrofit 160 4,004 11,771.76 $1,530.33 $588.59 $263.00 $4,934.41
Eucaluptus Shoebox .'464 10 Retrofit 160 1,456 . 4,426.24 $575.41 $221.31. $263.00 'j $2,408.69
Terra Nova Shoebox 250 16 Retrofit 110 1,456 3,261.44 $423.99 $163.07 $239 00 $3,660.93
Montevalle Shoebox 250 48 Retrofit 110 1,456 9,784.32 $1,271.96 $489.22 ' . $239.00 $10,982.78
Montevalle Shoebox 138 27 Retrofit 42 1,456 3:773.95 $490 61 $188.70 $203.00 $5,292.30
Salt Creek High bay 464 24 . High bav 260 1,456 7,128:58 $926.71 $356.43 $455.00 $10,56357
Salt Creek Decorative 188 115 Retrofit 42 1,456 24,446.24 $3,178.01 $1,222.31 $203.00 $22,122.69
Salt Creek Shoebox 300 14 Cobra 160 1,456 2,853.76 $370:99' $142.69 $490.00 . $6,717.31
Salt Creek Shoebox 464 8 Cobra 260 1,456 2,376.19 $308.90 $118.81 $610.00 $4,761.19
Otay Decorative 188 16. Retrofit OL 55 1,456 3,09837 $402.79 $154.92 $300.00 $4,645.08
Lauterbach Shoebox 300 23 Cobra 110 1,456 6,362.72 $827.15 $318.14 $383.00 $8,490.86
Palomar Decorative 300 4 Retrofit 110 1,456 1,106.56 $143.85 ' $55.33 $239.00 $900.67
3rd Ave Decorative 215 100 Retrofit 82 1,456 19,364.80 $2,517.42 $968.24 $239.00 $22,931.76
Memorial Decorative 215 48 Retrofit 82 1,456 9,295:10 $1,208.36 $464.76' . $239.00 $11 ;007.24
Harborside Decorative 138 33 Retrofit 42 1,456 4,612.61 $599.64 $230.63 $203.00 $6,468.37
Harborside Decorative 188 12 Retrofit 82 1,456 1,852.03 $240.76 $92.60 $239.00 $2,775.40
Veterans Shoebox 300 18 Retrofit 110 1,456 4.979.52 $647.34 $248.98 $239.00 $4,053.02
Veterans Decorative 138 57, Retrofit 42 1,456 7,967.23 $1,035.74 $398.36 $203.00 $11,172.64
Sunridge Decorative 300 5 Retrofit 110 1,456 1,383.20 $179.82 $69.16 $239.00 $1,125.84
McCandless Decorative 188 '.5. Retrofit 82 1,456 771.68 $100.32 $38.58 $239.00 $1,156.42
Mount. Hawk Shoebox 138 60 Retrofit 42 1,456 8,386.56 $1,090.25 $419.33 $203.00 $11,760.67
Animal Control Cobra LPS 178 3 Retrofit 82 1,456 419.33 $54.51 $20.97 . $239.00 $696.03
Lots 3-11 Shoebox 188 84 Retrofit 82 1,456 12,964.22 $1,685.35 $648.21 $239.00 $19,42779
Civic Library Shoebox 300 12 Retrofit 160 1,456 2,446.08 $317.99 $122.30 $263.00 $3,033.70
Community Shoebox 188 30 Retrofit 82 1,456 4,630.08 $601.91 $231 50 $239.00 $6,938.50
ICommunitv Cobra 188 . 54 Cobra 82 1,456 8,334.14 $1,083.44 $416.71 $363.00 $19,185.29
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American Power Solutions - Energy Efficient Lighting
ATTACHMENT 5: PRICING ESTIMATE
For EXTRA Locations
33
8-110
PROPOSAL 2: RFP SITES + EXTRA SITES CITY OF CHULA VISTA
Wattage
per Wattage Burn Annual
Existing lighting existing Existing New iighting per new hours kWh Annual $$ Rebate from Net project
Locations fixture fixture quantity fixture fixture per year savings savings SDGE Unit price costs
Fuel station High bay 464 12 High bay 210 4,004 12,204.19 $1,586.54 $610.21 $405.00 $4,249.79
Bus bay High bay 215 6 Endura EX' 110 4,004~ 2;522.52 $327.93 $479.28 $365.00 $1 ;71072
Corp yard Showbox 464 53 Retrofit 160 4,004 64,512.45 $8,386.62 $3,225.62 $273.00 $11,243.38
1800 Maxwell Si1owbox 215 18 Retrofit 42 4,004 12,468.46 $1,620.90 $623.42 $203.00 $3,030.58
Hillton Decorative 300 9 Retrofit 110 1,456 2,489.76 $323.67 $124.49 $239.00 $2,026.51
Greg Rooers' Decorative 188 13 Retrofit 82 1,456 2,006.37 . $260.83 $100.32 $239.00 $3,006.68
Greg Roaers Decorative 300 7 Retrofit 110 1,456 1,936.48 $251.74 $96.82 $239.00 $1,576.18
Voyager Decorative 300 78 Retrofit 110 1,456 21,577.92 $2,805.13 $1,078.90 $239.00 $17,563.10
Discovery Decorative 300 28 Retrofit 110 1,456 7,745.92 $1,006.97 $387.30 $239.00 $6,304.70
Rohr Cobra tube 188 33 Retrofit QL 72 1,456 5,573.57 '$724.56 $278.68 $247.00 $7,872.32
Rohr Cobra tube 250 18 Retrofit 160 1,456 2,358.72 $306.63 $117.94 $263.00 $4,616.06
Rohr Cobra' " 300 4 Cobra 160 1,456 815.36 $106.00 . $40.77 $490.00 $1,919.23
Valle Lindo Decorative 300 5 Retrofit 160 1,456 1,019.20 $132.50 $50.96 $27300 $1,314.04
Los Ninos Decorative. . 300 4 Retrofit 110 1,456 1,106.56. $143.85 $55.33 $239.00 . $900.67
Lorna Verde SD Shoebox 464 2 Cobra 160 4,004 2,434 43 $316.48 $121.72 $490.00 $858.28
Lorna Verde SO Shoebox 188 7 Cobra 42 4,004 4,092.09 $531.97 . $204.60 $351.00 $2,252.40
Lorna Verde SO Decorative 300 4 Retrofit 82 4,004 3,491.49 $453.89 $174.57 $239.00 $781.43
Marisoi Decorative 300 14 Retrofit 110 1,456 3,872.96 $503.48 $193.65 $239.00 $3,152.35
Bav Blvd Decorative 188 7 Retrofit 42 1,456 1,488.03 $193.44 $74.40 $203.00 $1,346.60
Civic Librarv Shoebox 464 12 Cobra 160 3,640 13,278.72 $1,726.23 $663 94 . $490.00 $5,216.06
Civic Librarv Wall pack 300 3 Wall pack 100 3,640 2,184.00 $283.92 $109.20 $384.00 $1,042.80
Civic Librarv Decorative 300 7 Retrofit 80 3,640 . 5,605.60 $728 73 . $280.28 $239.00 $1,392.72
Exolorer Decorative 250 13 Retrofit 110 1,456 2,649 92 $344.49 $132.50 $239.00 $2,974.50
Santa Valentia . Cobra 464 6 Cobra 160 1,456 2,655.74 $345.25 $132.79 $490.00 $2,807.21
Santa Valentia Decorative 215 27 Retrofit 82 1,456 5,228.50 $679.70 $261.42 $239.00 $6,191.58
Cottonwood Decorative 215 73 Retrofit QL 42 1,456 18,387.82 $2,390.42 $919.39 $220.00 $15,140.61
Santa Cora Decorative 215 28 Retrofit QL 42 1,456 7,052.86 $916.87 $352.64 $220.00 $5,807 36
Santa Cora Shoebnx 1100 4 Cobra 250 1,456 4,950.40 $643.55 $247.52 $610.00 $2,192.48
Winding Walk Decorative 215 48 Retrofit 72 1,456 9,993.98 $1,299.22 $499.70 $242.00 $11,116.30
Windino Walk Decorative 300 6' Retrofit 72 1,456 1,991.81 $258.94 $99.59 $242.00 $1,352.41
Sunset View Decorative 215 12 Retrofit 82 1,456 2,323.78 $302.09 $116.19 $239.00 $2,751.81
Sunset View Decorative 215 59 Retrofit 82 1,456 11,425.23 $1,485.28 $571.26 $239.00 $13,529.74
Tiffany Decorative 300 4 Retrofit 110 1,456 1,106.56 $143.85 $55.33 $239.00 $900.67
Mackenzie Decorative 0 0 Retrofit 1,456 " 0.00 $0.00 $0.00 $0.00 $0.00
Bonita Lana Decorative 188 14 Retrofit 82 1,456 2,160.70 $280.89 $108.04 $239.00 $3,237.96
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Harvest Decorative 138 12 Retrofit 82 1,456 978.43 $127.20 $48.92 . $239.00 $2,819.08
Harvest Decorative 188 6 Retrofit 82 1,456 926.02 $120.38 $46.30 $239.00 $1,387.70
Heritaoe Shoebox 300 12 Retrofit 110 1,456 3,319.68 $431.56 $165.98 . $239.00 $2,702.02
Heritage Decorative 188 35 Retrofit 82 1,456 5,401.76 $702.23 $270.09 $239.00 $8,094.91
Horizon. Decorative 188 19 Retrofit OL 42 1,456 4,038.94 $525.06 $201.95 $220.00 $3,978.05
Horizon Decorative 215 4 Retrofit OL 70 1,456 844.48 $109.78 $42.22 $223.00 $849.78
Si(ate Decorative 138. 11 Retrofit 42 4,004 4,228.22 ' $549.67 $211.41 $203.00 $2,021.59
Skate Shoebox 300 21 Retrofit 160 4,004 11,771.76 $1,530.33 $588.59 $273.00 $5,14441
Eucaluptus Shoebox 464 10' Retrofit 160 1,456 4,426.24 $575.41 $221.31 $273.00 $2,508.69
Terra Nova Shoebox 250 16 Retrofit 110 1,456 3,261.44 $423.99 $163.07 $239.00 $3,660.93
Montevalle Shoebox 250 48 Retrofit 110 1,456 9,784.32 $1,271.96 $489.22 $239.00 $10,982.78
Montevalle Shoebox 138 27 Retrofit 42 1,456 3,773.95 $490.61 $188.70 $203.00 $5,292.30
Sail' Creek' High bav 464 24 High bay 260 1,456 7,128.58 $926.71 $356.43 ' $455.00 $10,563.57
Salt Creek Decorative 188 115 Retrofit 42 1,456 24,446.24 $3,178.01 $1,222.31 $203.00 $22,122.69
Salt Creek Shoebox 300 14 Cobra 160 1,456 2,853.76 $370.99 $142.69 $490.00 $6,717.31
Salt Creek Shoebox 464 8 Cobra 260 1,456 2,376.19 $308.90 $118.81 $610.00 $4,761.19
Otay Decorative 188 16 Retrofit QL .55 1,456 3,098.37 $402.79 $154.92 $300.00 $4,645.08
Otay Gym High bay 464 24 High bay 210 3,640 22,189.44 $2,884.63 $4,215.99 $405.00 $5,504 01
Olav Gym High bay 290 9 High bay 160 3,640 4,258.80 $553.64 $809.17 $395 00 $2,745.83
Lauterbach Shoebox 300 23 Cobra 110 1,456 6,362.72 $827.15 $318.14 $383.00 $8,490.86
Palomar Decorative 300 4 Retrofit 110 1,456 1,106.56 $143.85 $55.33 $239.00 $900.67
3rd Ave Decorative 215 100 Retrofit 82 1,456 19,364.80 $2,517.42 $968.24 $239.00 $22,931.76
Memorial Decorative 215 48 Retrofit 82 1,456 . 9,295.10 $1,208.36 $464.76 $239.00 $11,007.24
Harborside Decorative 138 33 Retrofit 42 1,456 . 4,612.61 $599.64 $230.63 $203:00 $6,468.37
Harborside Decorative 188 12 Relrofit 82 1,456 1,852.03 $240,76 $92.60 $239.00 $2,775.40
Veterans Shoebox 300 18 Retrofit 110 1,456 4,979.52 $647.34 $248.98 $239.00- $4,053.02
Veterans Decorative 138 57 Retrofit 42. 1,456 7,967.23 $1,035.74 $398,36 $203.00 $11,172.64
Veterans gvm High bay 464 20 High bay 250 3,640 15,579.20 $2,025.30 $778.96 $455.00 $8,321.04
Sunriclge . Decorative 300 5 Retrofit 110 1,456 1,383.20 $179.82 $69.16. $239.00 $1,125:84
McCandless Decorative 188 5 Retrofit, 82 1,456 771.68 $100.32 $38 58 $239.00 $1,156.42
Mount Hawk Shoebox 138 60 . Retrofit 42 1,456 8,386.56 $1,090.25 $419.33 $203 00 $11,760.67
Animal Control Cobra LPS 178 3 Retrofit 82 1,456 419.33 $54.51 $20.97 $239.00 $696.03
Lots 3-11 Shoebox 188 84 Retrofit 82 1,456 12,964.22 $1,685.35 $648.21 $239 00 $19,427.79
Civic Library Shoebox 300 12 Retrofit 160 1,456 2,446.08 $317.99 $122.30 $273.00 $3,153.70
Communitv Shoebox 188 30 Retrofit . 82 1,456 4,630.08 $601.91 $231 50 $239.00 $6,938.50
Community Cobra 188 54 Cobra 82 1,456 8,334.14 $1,083.44 l$~ $363.00 ~
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American Power Solutions - Energy Efficient Lighting
ATTACHMENT 6: PRODUCT SPECIFICATIONS
SHEETS
36
8-113
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US LightingTech
Project:
Type:
Quantity:
Ridgeline Highbay 200
@
. Wattage: 200W
. Long life: Average life of 100,000 hours
. High index, CRI: 85; Makes colors look more true and vibrant
. Vibration resistant: electrodeless design allows for use in high
vibration applications
. Instant on/instant restrike
. Applications: Warehouse, Retail, Show Rooms, Repair Facilities
Induction Lamp
Wattage (W) Luminance (LM) CRI Color temperatu re Average lifetime
(Kelvin) (Hours)
200 17,000 85 5,000 100,000
Driver
Wattage In put voltage Input current In putfrequency Power Operating temp Input power (W)
(W) range (VAC) (A) factor
200 120-277 1.77-0.77 SO/60Hz 0.98 -30 t0122"F 210
Housing
. Die cast aluminum control gear
. Choice of reflector, 22" clear prismatic, 22" spun aluminum, 30" spun aluminum
. Protection class: IP43 (Solid bodies diameter 1 mm and rainfall)
Series Voltage Wattage Kelvin Temp Reflector Diameter
RI !120V/277V I 200W I I 5K I I I I
AL: Aluminum 22: 22"
CL: Prismatic 30: 30"
2665 Temple Ave. Signal Hill, CA 90755 www.USfightingtec.8c~1f1f.888)878-3249Fa~(562)427--4055infO@USlightingteCh.com
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US LightingTech
Project:
Type:
Quantity:
Ridgeline Highbay 200
10c19"'
00
16T
30.7"
22"
Wattage
200W
CRI
85
Lamp life
100,000
Pupil lumens
27 540
Design lumens
17 000
Operating costs
$2,208*
Wattage
400W
CRI
21
Lamp life
24,000
Pupil lumens
28, 00
Design lumens
50,000
Operating costs
$5,078*
*Based on 0.12 KWjH, 10 years of use, 8760 hours/year
2665 Temple Ave. Signal Hill, CA 90755 www.uslightingtech8~~ P.f~88)878-3249 Fax(562)427-4055 info@usJightingtech.com
i.~rs\
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US LightingTech
Project:
Type:
Quantity:
Ridgeline Highbay 250/300
@
--
. Wattage: 250W and 300W
. Long life: Average life of 100,000 hours
. High index, CRI: 85; Makes colors look more true and vibrant
. Vibration resistant: electrodeless design allows for use in high
vibration applications
. Instant on and Instant restrike
. Applications: Warehouse, Retail, Show Rooms, Repair Facilities
Induction Lame
Wattage (W) Luminance (LM) CRI Color temperature Average lifetime
(Kelvin) (Hours)
250 21,250 85 5,000 100,000
--
300 25,500 85 5,000 100,000
Driver
Wattage Input voltage Input current Input frequency Power Operating temp In put power ('N)
(W) range (VAC) (A) factor
250 120-277 221-0.96 50/60Hz 0.98 -30 t0122'F 263
300 120-277 2.65-1.15 50/60Hz 0.98 -30 t0122'F 315
Housing
. Die cast aluminum control gear painted white
. Spun aluminum reflector. 22" (250W) and 30" (300W)
. Protection class: IP43 (Solid bodies diameter 1 mm and rainfall)
Series Voltage Wattage Kelvin Temp Reflector Diameter
RI !120V/277V I I I 5K I I I I
250W AL: Aluminum 22: 22"
300W 30: 30"
2665 Temple Ave. Signal Hill, CA 90755 WWW.USlightingtectg:~1 ,~88)878-3249 Fax(562)427-4055 info@uslightlngtech.com
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<:ii~7 US LightingTech
Project:
Type:
Quantity:
Ridgeline Highbay 250/300
9,6"
4~l
25.4"
25.6"
30.5''''
~
Wattage Wattage
250W 300W
CRI CRI
85 85
Lamp life Lamp life
100 000 100 000
Pupil lumens Pupil lumens
34 425 41,310
Design Lumens Design Lumens
21 250 25 500
Operating costs Operating costs
$2,765* $3,311 *
Wattage Wattage
400W 400W
CRI CRI
21 21
Lamp life Lamp life
24 000 24,000
Pupil lumens Pupil lumens
28,500 28,500
Design lumens Design lumens
50 000 50 000
Operating costs Operating costs
$5,078* $5,078*
J
*Based on 0.12 KW/H, 10 years of use, 8760 hours/year
2665 Temple Ave. Signal Hill, CA 90755 WWW,USlightingteChg~~ '1h188)878-3249 Fax(562)427--4C65 info@uslightlngtech.ccm
o us lightingTech
Project:
Type:
Quantity:
Empire Linear Highbay
@
. Wattage: 400W
. Die cast aluminum wit~ electrostatic painted surface for heat
resistance, corrosion-resistance and long life
. Mounting: suspended by pole or chains
. Long life: Average life of 100,000 hours
. Instant on and Instant restrike
. High index, eRI: 85; Makes colors look more true and vibrant
. Vibration resistant: eleclrodeless design allows for use in high
vibration applications
L
Induction amp
Wattage (W) luminance (lM) CRt Color temperatu re Average lifetime
(Kelvin) (Hours)
400 34,000 85 5,000 100,000
Driver
Wattage Input voltage In put current In put frequency Power Operating temp
(W) range (VAC) (A) factor Input power (W)
400 120/277 3.57/0.96 50-60Hz 0.98 -30 to122OF 420
Housing
.
Die cast aluminum with powder coat white finish
Protection class,: IP43 (solid bodies diameter 1 mm and rainfall)
.
Series Voltage
EM I I
400
Kelvin Temp
I 5K I
120V
277V
Wattage
,j
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Quantity:
Empire Linear Highbay
ill 20.35"----{)
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47.40"
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Wattage
400W
CRI
85
Lamp life
100,000
Pupil lumens
51 840
Design lumens
32,000
Operating costs
$4,415*
Wattage
1,000W
CRI
65
Lamp life
9000
Pupil lumens
163 900
Design lumens
110,000
Operating costs
$11,783*
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*Based on 0.12 KWfH, 10 years of use, 8760 hoursfyear
2665 Temple Ave. Signal Hill, CA 90755 WWW.uslightlngtechs2...~ '~88)878-324g Fax(562)427-4055 info@uslightlngtech.com
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Project :
Type:
Quantity:
Endura Canopy
@
,
. Wattage: 80Wand 100W
. Long life: Average life of 100,000 hours
. High Index, CRI: 85; Makes colors look more true and vibrant
. Vibration resistant: electrodeless design is perfect for multi level
parking structures
. Instant on and Instant restrike
. Applications: Parking Garages and walkways
. 12.5'Wx 12.5"L x 10.6"H
. EZ Screw in lamp
. Universal mounting bracket
d t. L
n UC Ion amo
Wattage (1N) Luminance (LM) CRI Color temperature Average lifetime
(Kelvin) (Hours)
80 6,800 85 5,000 100,000
100 8,500 85 5,000 100,000
Driver
Wattage Input voltage Input current Input frequency Power Operating temp In put power (W)
(W) range (VAC) (A) factor
80 120-277 0.74-0.32 50-60Hz 0.98 -30 t0122"F 88
100 120-277 0.93-0.40 50-60Hz 0.98 -30 t0122"F 110
Housing
. Die cast aluminum casing with powder coat carbon gray finish will withstand the elements
. UV-proof heat-resistant polycarbonate lens won't turn yellow
. Heavy gauge steel reffector for optimum performance and life
. Protection class: IP43 (solid bodies diameter 1 mm and rainfall)
Series Voltage Wattage Kelvin Temp
EN I 120V/277V I I 5K I
080W
100W
2665 Temple Ave. Signal Hill, CA 90755 WWW.USlightingtecrs:~' W88)878-3249 Fax(562)427-4055 info@usfightingtech.com
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Project:
Type:
Quantity:
Endura Canopy
12.54"
o
en
S
12.54"
Wattage Wattage
80W 100W
CRI CRI
85 85
Lamp life Lam p life
100,000 100,000
Pupil lumens Pupil lumens
11 016 13,770
Design Lumens Design Lumens
6800 8500
Operating costs Operating costs
$858* $1,156*
Wattage Wattage
150W 175W
CRI CRI
21 65
Lamp life Lam p life
24 000 7500
Pupil lumens Pupil lumens
9 120 20,860
Design Lumens Design Lumens
16 000 14 000
Operating costs Operating costs
$2,172* $2,905*
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*8ased on 0.12 KW/H, 10 years of use, 8760 hours/year
2665 Temple Ave. Signal Hill, CA 90755 WWW.Uslightingtech801!1P~'f88)878,.3249 -Fax(562)427-4055 lnfo@uslightingtech.com
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Project:
Type:
Quantity:
Diamond Wall Pack
@
,
. Wattage: 40W, 80W, and 100W
. Long life: Average life of 100,000 hours
. High index, CRI: 85; Makes colors look more true and vibrant.
. Vibration resistant: electrodeless design allows for use in high
vibration applications
. Instant on and Instant restrike
. Applications: Commerical buliding and warehouses
I -I .11."
.nutiC,iOn Lamn
Wattage (W) luminance (lM) CRI Color temperature Average lifetime
(Kelvin) (Hours)
40 3,400 85 5,000 100,000
80 6,800 85 5,000 100,000
100 8,500 85 5,000 100,000
Driver
Wattage Input voltage Input current Input frequency Power Operating temp Input power (W)
(W) range (VAC) (A) factor
40 120-277 0.38-0.17 50-60Hz 0.98 -30 to122OF 45
80 I 120-277 0.74-0.32 50-60Hz 0.98 -30 to122OF 88
100 I 120-277 0.93-0.40 50-60Hz 0.98 -30 t01220F 110
Housing
.
Die cast aluminum casing with powder coat carbon gray finish will withstand the elements
Prismatic glass
Heavy gauge cold rolled steel reflector for optimum performance and life
Protection class: IP54j(Dust and splashed water) .
.
.
.
"
Series
Voltage
!120V/277V I
Wattage
Kelvin Temp
5K I
01
040W
080W
100W
2665 Temple Ave. Signal Hili, CA 90755 wwW.USJjghtingtecrg:~, .~88)873-3249 Fax(562)427-4055 info@usllghtjngtech.com
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Type:
Quantity:
Diamond Wall Pack
~
13"
18"
9"
Wattage Wattage Wattage
40W 80W 100W
CRI CRI CRI
85 85 85
Lamp life Lamp life Lamp life
100 000 100 000 100 000
Pupil lumens Pupil lumens Pupil lumens
5508 11,016 13 770
Design Lumens Design Lumens Design Lumens
3400 6800 8,500
Operating costs Operating costs Operating costs
$473* $858* $1,156*
Wattage Wattage Wattage
70W 150W 150W
CRI CRI CRI
21 21 65
Lamp life Lam~ life Lamp life
24,000 24,000 11,250
Pupil lumens Pupil lumens Pupil lumens
3591 9120 18,625
Design Lumens Design Lumens Design Lumens
6300 16 000 12 500
Operating costs Operating costs . Operating costs
$1,128* $2,172* $2,399*
*Based on 0.12 KWjH, 10 years of use, 8760 hoursjyear
2665 Temple Ave. Signal HUI, CA 90755 WWN.l1Slightlngtech8~1PZ~88)878-3249 Fax(562)427-4055 Info@usl1ghtingtech.com
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Project:
Type:
Quantity:
Parker Area Lighting
@
/
. Wattage: 1 OOW and 200W
. Long life: Average life of 100,000 hours
. High index, CRI: 85; Makes colors look more true and vibrant
. Vibration resistant: electrodeless design allows for use in high
vibration applications
. Instant on and Instant restrike
. Applications: Parking Lots, Retail Lots
Induction Lamo
Wattage (W) Luminance (LM) CRI Color temperature Average lifetime
(Kelvin) (Hours)
100 8,500 85 5,000 100,000
200 17,000 85 5,000 100,000
Driver
Wattage Input voltage Input current Input frequency Power Operating temp Input power (W)
(W) range (VAC) (A) factor
100 120-277 0.93-0.40 50-60Hz 0.98 -30 t0122'F 110
200 120-277 1.77-0.77 50-60Hz 0.98 -30 t01220F 210
Housing
. Die cast aluminum casing with electrostatic painted surface for heat-resistance, corrosion-resistance and
long life
. Anodized aluminum for superior lighting performance
PA
Voltage
[ 120Vf277V I'
Wattage
Kelvin Temp
Series
5K
100W
200W
2665. Temple Ave, Signal Hill, CA 90755 WWW.uslightingtech'Er.!:!; f~as8)878~3249 Fax(562)427-4055 info@uslightlngtech.com
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Type:
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Parker Area Lighting
21,73" 200W
'16.QO" 10GW
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Wattage
100W
CRI
85
Lamp life
100,000
Pupil lumens
13,770
Design Lumens
8,500
Operating costs
$1.156*
Wattage
200W
CRI
85
Lamp life
100,000
Pupil lumens
27,540
Design Lumens
17,000
Operating costs
$2,208*
Wattage
175W
CRI
65
Lamp life
7,500
Pupil lumens
20,860
Design Lumens
14,000
Operating costs
$2,905*
Wattage
400W
CRI
65
Lamp life
7,500
Pupil lumens
53,640
Design Lumens
36,000
Operating costs
$5,436*
*Based on 0.12 KWfH, 10 years of use, 8760 hours/year
2665 Temple AVe. Signal Hill, CA 90755 WWw.USlightingtech8~~ '~88)878-3249 Fax(562)427-4055 info@uslightingtech.com
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Type:
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Street Lighting
-
Cobra 100
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. Wattage: 40W, 80W and 100W
. High index, CRI: 85; Makes colors look more true and vibrant
. Vibration resistant: electrodeless design allows for use in high-
vibration applications
. Instant on and Instant restrike
. Applications: Street lighting, Area lighting
n uClon amp
Wattage (W) Luminance (LM) CRI Color temperature Average lifetime
(Kelvin) (Hours)
40 3,400 85 5,000 100,000
80 6,800 85 5,000 100,000
100 8,500 85 5,000 100,000
Driver
Wattag e In put voltage In put current Input frequency Power Operating temp Input power (W)
(W) range (VAC) (A) factor
40 120/277 0.38-0.17 50-60Hz 0.98 -30 to122OF 45
80 120/277 0.74-0.32 50-60Hz 0.98 -30 to122OF 75
100 120/277 0.93-0.40 50-60Hz 0.98 -30 to122OF 110
Housing
. Die cast aluminum housing with electrostatic painted surface for heat-resistance, corrosion-resistance and
long life.
. Glass lens for superior lighting performance. .
. Gas tight silicon rubber seal.
Series
Voltage
I 120V/277V I
co
Wattage
Kelvin Temp
Lens Type
I I
5K
040W
080W
100W
PG: Prismatic Drop Glass
FG: Clear Flat Glass
BG: Clear Drop Glass
2665 Temple Ave. Signal Hill, CA 90755 W'v\I'IN.uslightingtech com PhL888)878-3249 Fax(562)427-4055 info@uslightingtech.com
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Project:
Type:
Quantity:
Street Lighting
-
Cobra 100
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27.964"
--I
Wattage Wattage Wattage
40W SOW 100W
CRI CRI CRI
85 85 85
Lamp life Lamp life Lamp life
100,000 100 000 100,000
Pupil lumens Pupil lumens Pupil lumens
5,508 11,016 13.770
Desig" Lumens Design Lumens Desig" Lumens
3,400 6800 8,500
Operating costs Operating costs Operating costs
$473' $858' $1,156
CRI CRr CRr
21 21 21
Lamp Hfe Lamp life Lamp life
24,000 24,000 24,000
Pupil lumens Pupil lumens Pupil lumens
3 591 9,120 15 675
Design Lumens Design Lumens
6,300 16 000
Operating costs Operating costs
$1,128* $2,172*
*Based on 0.12 KWfH, 10 years of use, 8760 hoursjyear
Design Lumens
27 500
Operating costs
$3,354
2665 Temple Ave. Signal Hill, CA 90755 WWW.U$l!ghtingteChg~' ~88)878~3249 Fax(562)427-4055 info@uslightingtech.com
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Type:
Quantity:
~
Daytona Tunnel Lighting
@
100W
200IN
400W
. Wattage: 1 OOW, 200W and 400W
. High index, CRI: 85 makes colors look brighter and vibrant
. Vibration resistant: electrodeless design allows for use in high-vibration applications
. Instant on and Instant restrike
. Applications: Tunnels, Recreational Areas, Bridges
. .
Induction Lamp
Wattage (W) Luminance (LM) CRI Color temperature Average lifetime
(Kelvin) (Hours)
100 8,500 85 5,000 100,000
200 17,000 85 5,000 100,000
400 34,000 85 5,000 100,000
Driver
Wattage Input voltage Input current Input frequency Power Operating temp Input power (W)
(W) range (VAC) (A) factor
100 120/277 0.93-0AO 50-60Hz 0.98 -30 t01220F 110
200 120/277 1.77-0.77 50-60Hz 0.98 -30 t01220F 210
400 120/277 3.57-1.55 50-60Hz 0.98 -30 t01220F 420
Housing
.
Aluminum casing with two side covers
Anodized aluminum reflector and flat toughened glass
Ga'ttight seal, heat-resistant silicon rubber and front opening structure
Protection class: IP65 (Dust and low pressure water)
.
.
.
Series Voltage Wattage . Kelvin Temp
I' DA I 5K I
120V 100W
277V 200W
120/277V 400W
2665 Temple Ave. Signal Hill, CA 90755 www.uslightingteChg~' 'W88)878-3249 Fax(562)427-4055 info@uslightingtech.com
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Project:
Type:
Quantity:
Daytona Tunnel Lighting
+-- 14.57" -
Wattage A (inches)
<OOW 27.95"
400W 48.03"
-14.57" --
Wattage Wattage Wattage
100W 200W 400W
CRr CRr CRr
85 85 85
Lamp life Lamp life Lam p life
100,000 100,000 100,000
Pupil lumens Pupil lumens Pupil lumens
13,770 27 540 51,840
Design Lumens Design Lumens Design Lumens
8500 17000 32 000
Operating costs Operating costs Operating costs
$1,156* $2,208* $4,415*
Wattage Wattage Replaces
250W 400W 1,OOOW
CRr CRr CRr
21 21 21
Lamp life Lamp life Lamp life
24,000 24,000 24,000
Pupil lumens Pupil lumens Pupil lumens
15675 28,500 79 800
Design Lumens Design Lumens Design Lumens
27,500 50000 140,000
Operating costs Operating costs Operating costs
$3,354* $5,078* $11,764*
*Based on 0.12 KWjH, 10 years of use/ 8760 hours/year
2665 Temple Ave Signal Hill, CA 90755 WWW.uslightingteChg~m1 ,gS8)878-3249 Fax(562)427-4055 info@uslightingtech.com
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Project:
Type:
Quantity:
Street Lighting - Cobra 200
@
. Wattage' 100W, 150W, 200W and 250\f\i .
. High index, CRI: 85; Makes colors look more true and vibrant
. Vibration resistant: electrodeless design allows for use in high-
vibration applications
. Instant on and Instant restrike
. Applications: Street Lighting, Area Lighting
Induction Lamp
Wattage (W) Luminance (LM) CRI Color temperature Average lifetime
(Kelvin) (Hours)
100 8,500 85 5,000 100,000
150 12,750 85 5,000 100,000
200 17,000 85 5,000 100,000
250 - 21,250 85 5,000 100,000
Driver
Wattage Input voltage Input current Input frequency Power Operating Temp Input Power (W)
(W) range (VAC) CA) factor
100 120/277 0.90-0.41 50-60Hz 0.98 -30 t0122'F 110
150 120/277 1.38-0.60 50-60Hz 0.98 -30 t0122'F 160
200 120/277 1 .83-0.79 50-60Hz 0.98 -30 t0122'F 210
250 120/277 2.29-0.99 50-60Hz 0.98 -30 t0122'F 263
Housing
. Die cast aluminum alloy housing and aluminum alloy top cover
. Electrostatic painted surface for heat-resistance, corrosion resistance and long life
. IP 65 - Lamp and driver are totally protected against dust and low pressure water jets
. Poly carbonate or glass tempered lens is impact resistant and resilient against high temperature
. Anodized aluminum reflector - Provides type III light distribution pattern
Series
co
Voltage
I 120V/277V I
Wattage
Kelvin Temp
5K I
Lens Type
I
100W
150W
200W
250W
FG: Clear Glass
"CG: Clear Polycarbonate
2665 Temple Ave. Signal Hill, CA 90755 WWW.UslightingteChg~131--J(f88)878-3249 Fax(562)427-4055 info@uslightingtech.com
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Project;
Type;
Quantity;
Street Lighting - Cobra 200
6.6"
A 100W and 150W
B 200W and 250W
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A32"
8 42"
-
Wattage Wattage Wattage Wattage
100W 150W 200W 250W
CRI CRI CRI CRI
85 85 85 85
Lamp life Lamp life Lamp life Lamp life
100,000 100,000 100,000 100 000
Pupil lumens Pupil lumens Pupil lumens Pupil lumens
13,770 20 665 27,540 34 425
Design Lumens Design Lumens Design Lumens Design Lumens
8500 12 750 17000 21 250
Operating costs Operating costs Operating costs Operating costs
$1,156* $1,682* $2,208* $2,765*
Wattage Wattage Wattage Wattage
250W 250W 400W 400W
CRI CRI CRI CRI
21 21 21 21
Lamp life Lamp life Lamp life Lamp Hfe
24 000 24 000 24 000 24 000
Pupil lumens Pupil lumens Pupil lumens Pupil lumens
15 675 15 675 28 500 28 500
Design Lumens Design LUmens Design Lumens Design L~mens
27 500 27 500 50 000 50 000
Operating costs Operating costs Operating costs Operating costs
$3,354* $3,354* $5,078* $5,078*
"'Based on 0.12 KW/H, 10 years of use, 8760 hours/year
2665 Temple Ave, Signal HIli, CA 90755 www.USIi9hti~gtechg::..' ~888)8~8-3249 Fax(562)427-4055 info@uslightingtech.com
RESOLUTION NO. 2010-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A DESIGN BUILD
AGREEMENT FOR THE "CITYWIDE ENERGY LIGHTfNG
RETROFIT PROJECT TN THE CITY OF CHULA VISTA,
CALIFORNIA (CIP NO. Gmlo)" TO AMERICAN POWER
SOLUTIONS WHICH WILL BE. FUNDED THROUGH
CAPITAL IMPROVEMENT PROJECT GmlO AND
REIMBURSED THROUGH THE CEC LOAN PROGRAM
WHEREAS, the Citywide Lighting Retrofit Project is the second phase of a plan to
install energy saving induction and LED light fixtures at multiple sites throughout the City; and
WHEREAS, this project will consist of: an investigation of existing lighting components,
the design and calculations for new fixtures, and the installation of induction and LED lighting
fixtures at all City facilities; and
WHEREAS, on June 2, 2009, the Public Works Department advertised the Request for
Proposal (RFP) to six (6) qualified firms for Design Build services for the Citywide Lighting
Retrofit Project; and
WHEREAS, on July 30, 2009, the Director of Public Works received three proposals for
the project as follows:
I. American Power Solutions - Fullerton, CA
2. Ace Building Services - La Mirada, CA
3. Desert Electric Services - Lancaster, CA
WHEREAS, American Power Solutions submitted a design build proposal for
$408,899.76. Based on the proposals, American Power Solutions was selected as the most
responsive Design Builder; and
WHEREAS, American Power Solutions has extensive installation experience required to
meet the City's development schedule, the project cost estimates, and the project's proposed
completion date of July 31, 2010; and
WHEREAS, the project will be funded through the CEC Loan Program, which uses the
resulting energy cost savings to repay the loan at a 3% interest rate.
NOW, THEREfORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve a Design Build Agreement for the "Citywide Energy Lighting
Retrofit Project in the City of Chula Vista, California (CIP No. GG210)" to American Power
Solutions, which will be funded through Capital Improvement Project GG210 and .reimbursed
_ through the CEC Loan Program.
Presented by
Richard A. Hopkins
Director of Public Works
8'""132